National Transportation Safety Board Recommends Lowering Legal Driving Limit

Car Crash Attorney in San Antonio Texas

San Antonio’s Fox Affiliate reports that the National Transportation Safety Board (NTSB) is officially calling on the United States Congress to push the states to reduce the legal driving blood alcohol limit. The NTSB wants the legal limit lowered from 0.08 down to 0.05 percent. A person’s blood alcohol level depends on a variety of factors, but primarily body weight and time elapsed since the last drink are the main factors. A level of 0.05 percent could mean that even one drink could push a few people over the legal limit. Drinking and driving is dangerous, even if the legal limit remains at 0.08 percent, you should avoid driving after consuming alcohol. If you have been injured by a drunk driver, you need to contact an experienced San Antonio DWI accident attorney as soon as possible.

 

Research Shows Intoxication Dramatically Reduces Driver Safety

 

We all deserve safe highways for ourselves and our families. We put a lot of trust in other drivers on the road to remain diligent and operate their vehicles safely. The scientific research continues to show that alcohol substantially reduces a driver’s ability to operate a vehicle. The National Highway Traffic Safety Administration (NHTSA) and the Centers for Disease Control (CDC) have released multiple joint studies over the last few years which have hammered home the notion that any amount of alcohol raises the risk of getting behind the wheel. These agencies want to lower the legal limit because their research indicates that at a blood alcohol level of 0.08 percent, most people have trouble steering a vehicle in a safely. According to the research, hand eye coordination is reduced with every drink, and this loss of steering ability leads to potentially dangerous situations.  

 

Drunk Driving Will Help Prove Negligence

 

In Texas, the victim of a car accident must prove that another party was negligence to collect compensation from their party. This means that the injured victim, the plaintiff, has the burden of proof. Determining which party has the burden of proof is extremely important, because it frames the entire case. In drunk driving accident cases, the burden of proof actually shifts to the defendant. This is because drunk driving is negligence as a matter of law. A drunk driving citation from police will help prove negligence and help you hold the guilty party responsible. An experienced San Antonio DWI accident attorney can use this fact to help you recover fair compensation for your accident injuries.

 

Contact an Experienced San Antonio DWI Accident Attorney

 

In Texas, DWI accident victims are often entitled to substantial punitive damages. Insurance companies are aware of the potential of significant liability and often try to push hard to settle DWI accident cases before victims have an opportunity to speak to an attorney. You can not afford to let insurance companies push you around. At the law office of San Antonio Injury Lawyer, we work aggressively on behalf of injured DWI accident victims. Contact our office today to speak to an experienced San Antonio DWI accident attorney.

The Three Key Things to Avoid When Dealing With Insurance Claim Adjusters

Insurance Claim San Antonio Texas Auto Accident Lawyer

Unfortunately, insurance companies will not always treat car accident injury victims fairly. Car accident insurance claim adjusters are experienced professionals who are paid to represent the interests of the insurance company. If you have been the victim of a car accident, the insurance claim adjusters will not have your best interests in mind. You should speak to an San Antonio car accident lawyer with experienced dealing with insurance claims adjusters to make sure that your legal rights are fully protected throughout the entire car accident claims process.  

 

Do Not Give a Statement Without a Lawyer

 

Never give a statement to an insurance claim adjuster without consulting an experienced car accident lawyer. This may be the single most important tip to help you get a fair settlement offer from the insurance company. This includes in person statements, written statements and oral statements over the phone. The professional representative at the insurance company often tries to ask specific, sometimes misleading or confusing questions, to get you to say something to hurt your claim. They will use these statements against you. Remember, no matter how friendly they sound or act, insurance company representatives are not on your side.

 

Do Not Sign Any Documents Without a Lawyer

 

Similar to giving statements, you should not sign any documents without giving your car accident lawyer an opportunity to review the specific document. In some cases, you may be signing away your legal rights without knowing it. Let your attorney review all documents first. Even something that may sound relatively neutral, like releasing your medical records to the insurance company, should be avoided until an attorney can sign off. The insurance company is looking for information that they can use against you. Your attorney can protect your legal rights.

 

Do Not Accept the Initial Settlement Offer

 

The insurance company’s initial settlement offer will almost certainly not be a full and fair offer. It will almost certainly not be the company’s best offer. The insurance claim adjuster may tell you otherwise, they may tell you that you have to accept the offer quickly or the offer will go off the table. Do not listen to these false and arbitrary deadlines. Unsurprisingly, an initial offer is rarely the best offer. The harder an insurance company is pushing you to accept an offer, the more likely that the offer is good for the company. This is especially true if you have not hired an experienced car accident attorney yet. They are pushing you hard because they know that they will have to offer you much more in compensation once you have an attorney on your side.

 

Contact an Experienced San Antonio Car Accident Claim Lawyer

Recovering damages from a car accident injury is difficult. Sadly, the big insurance companies do not make the process any easier. Insurance companies will do what they can to limit their liability. They will try to get you make mistakes, and will use those mistakes to reduce your car accident settlement. Do not let them get away with this. The biggest mistake car accident injury victims make is failing to consult a qualified attorney. At the law office of San Antonio Injury Lawyer, we protect people from insurance company tactics and make sure that injured victims are treated fairly. Contact our office today to schedule a free legal consultation with one of our experienced car accident attorney.

Insurance Policies’ Limits and Texas Car Accident Claims

Auto Accident Lawyer in San Antonio, Texas

The damages from car accident injuries can add up fast. If you have been injured in a car accident, it is possible that you have suffered substantial losses. As a car accident victim, you are entitled to compensation for the full extent of your injuries and damages. One frequent complicating factor is insurance policy limits. A policy limit is the maximum amount a specific insurance company will pay out for a claim. It is not a simple process, but it is possible to collect damages beyond an insurance policy limit. If policy limits are a factor in your car accident case, you need to contact an experienced San Antonio car accident attorney as soon as possible.

 

Texas Minimum Insurance Policy Limits

 

Texas drivers are allowed to carry a wide variety of different car insurance policies. For example, it makes sense for a Texas driver with a substantial amount of assets to carry a car accident policy with a very high policy limit. But, that only applies to a small percentage of Texans. Most drivers carry policies with limits much closer to Texas’ state mandated minimum limit. The Texas minimum is $30,000 per person in an accident. Sometimes, the amount of damages sustained by an injured party are beyond the policy limit. In these cases, recovering compensation becomes complicated. If you have been involved in a serious Texas car accident, and you believe policy limits will be reached, it is crucial that you contact an experienced car accident attorney who understands how to handle the specific situation. There are other potential options for recovering compensation.

 

Recovering Compensation Beyond A Policy Limit

 

 

  • Underinsured motorist coverage:  Your own insurance policy may be able to help you fill the gap if you run up against an insurance policy limit. Many Texas drivers carry some form of underinsured motorist coverage on their insurance policy. A car accident attorney can review your insurance policy to determine whether or not any additional recovery is available.

 

 

 

  • Personal assets: You may be able to recover compensation from the personal assets of the negligent driver. This is not always possible, but in some cases it is an option.

 

 

 

  • Additional defendants: In many Texas car accident cases, more than one party was negligent. There may be multiple defendants who have liability in your case. Even a small percentage of liability from a second defendant may be able to make up the gap when an insurance policy limit is hit. An attorney can help.

 

 

Contact An Experienced San Antonio Car Accident Attorney

 

After a car accident injury, all you want is the fair compensation you deserve, in order to get your life back to where it was before the accident. You may feel like you do not have options if your damages exceed the insurance policy limit of the negligent party. But, the experienced legal team at the the law office of San Antonio Injury Lawyer can help. We have deep experience dealing with car accidents and car insurance policies. Contact our office today, and an experienced San Antonio car accident attorney will comprehensively review your case.

Common Tactics Used By Insurance Companies

Auto Accident Attorney in San Antonio

Injured car accident victims deserve full and fair compensation. Unfortunately, receiving fair compensation can sometimes prove to be a major challenge. Insurance companies have developed many tricky tactics which they use to reduce the value of your claim and limit the company’s liability. If you have been injured in a car accident, an experienced San Antonio car accident lawyer can help.

 

Watch Out for These Five Insurance Company Tactics

 

 

  • They act overly friendly: The first thing you should be aware of when it comes to dealing with auto insurance adjusters is that the company representatives are trained to be friendly and disarming over the phone. They will often express concern and they typically appear to be taking your case very seriously. The company is not on your side. Be aware of this fact and please always have your guard up.  

 

 

 

  • They make an informal statement indicating they are accepting liability: It sounds great, right? Once the insurance company states that they are accepting blame for the accident, most people feel like they have won the case. Unfortunately, many of these people are in for a disappointing surprise in the future. The insurance company will accept liability, but will then dispute the extent of your injuries and will refuse to pay in full. Always keep your guard up. Until you have a settlement in hand, you should still have an attorney working on your side.

 

 

 

  • They will pressure you with an arbitrary deadline: A company deadline to accept a settlement is just that – arbitrary. It is not real. The companies will use these deadlines to pressure accident victims into accepting an accident settlement, one that is favorable to the company. If you are being pressured, call an experienced car accident attorney immediately.

 

 

 

  • They dispute the severity of your injuries and try to blame a pre-existing condition: This happens in almost every car accident injury case. The company will try to downplay your injuries and will try to blame things other than the car accident. This is because they want to pay you a lower amount in settlement. You do not have to accept this, you can fight back.

 

 

 

  • They tell you, at any time, that you will not need a lawyer: Insurance companies should not be pressuring you into not hiring a qualified lawyer. If an insurance company claims that you will not need or want a lawyer, take that as a warning sign, and hire a lawyer immediately. You have the legal right to be represented by an experienced professional; the insurance company is trying to dissuade you because they believe that they will be able to pressure you into accepting an unfair settlement offer.  

 

 

Contact an Experienced San Antonio Car Wreck Lawyer

If you have been injured in a Texas car wreck, you should speak to a qualified lawyer. Insurance companies are large corporations staffed with seasoned professional dedicated to limiting the company’s liability. You are not alone, you do not need to take them on by yourself. At the law office of San Antonio Injury Lawyer we have extensive experience dealing with insurance claim adjusters. We know their tactics and we know how to protect your legal rights. Contact our office today to schedule a free initial case review with an experienced San Antonio car accident lawyer.

How to Obtain a Fair Settlement After a Car Accident

auto accident attorney in San Antonio Texas

After a car accident injury, a full settlement is the ideal outcome. After all, it is only fair that the insurance company pays you for the full extent of your damages as quickly as possible. Unfortunately, the insurance company will never make it that easy. Obtaining a desirable settlement offer takes persistence and requires presenting the insurance company with a good case, backed up by detailed evidence. The insurance company will almost certainly not be willing to offer a fair settlement otherwise. If you have been injured in a San Antonio car accident, and are dealing with an insurance claims adjuster, an experienced San Antonio car accident lawyer can help.  

 

Four Things That Make an Insurance Company Want to Settle

 

 

  • Photographic evidence: Pictures are especially compelling evidence in car accident cases. This includes both pictures of the accident scene and pictures documenting car accident injuries. The best thing you can do is to take extensive photographs of the accident scene and of your injuries. You will never be able to know ahead of time which specific picture will be the key to making your case in front of the insurance company, so more pictures are better.

 

 

 

  • Eyewitness testimony: Your attorney will track down any eyewitnesses and get statements from them regarding the accident. Sometimes eyewitness statements will directly back up your own testimony, sometimes they will undermine the story of the other side, and sometimes eyewitness testimony will even introduce new information that makes you see the case in an entirely new way, a way that you would not have been able to see it before. Statements from eyewitnesses can be very valuable.

 

 

 

  • Depositions: Your car accident attorney can depose other parties under oath. This deposition often serves two key functions. First, if the case ever does go to Texas court, and the opposition changes their story, the deposition can be used to show that the defendant is being inconsistent. Further, an experienced car accident lawyer will be able to frame the questions in a way that encourages the opposing side to admit the truth. The truth being that they caused the car accident. They often do this without even being aware of that fact that they admitted it. This type of sworn deposition can be very valuable when dealing with the insurance company.

 

 

 

  • The demand packet: The demand packet is an incredibly important part obtaining a fair car accident settlement offer. A demand packet is document, produced by a qualified lawyer, which outlines your entire case and all of the supporting evidence. A compelling demand packet essentially shows the insurance company that you will be prepared to file a well crafted lawsuit if the company fails to negotiate a fair car accident settlement. This is critical, because it is only when the insurance company realizes that you can win in court, that they will offer you the full and fair settlement that you deserve.

 

 

Contact an Experienced San Antonio Auto Accident Lawyer

 

At the law office of San Antonio Injury Lawyer, we have helped many injured car accident victims obtain a full and fair car accident settlement offer. Our San Antonio legal team has the experience to assemble the evidence and build the case to push the insurance company towards a fast and favorable resolution. If you have been injured in a Texas car accident, please do not hesitate to contact our office today. Initial legal consultations are risk free and free of charge.