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Vehicle Defects That Can Cause Crashes - And Who Might Be Liable
Most of the time, it is merely an annoyance when some component of a vehicle stops functioning. A tire starts to go flat, so you pull over unharmed. The battery dies and you need a jump to get it started. Other times, however, a mechanical problem on a car can be dangerous. When a vehicular malfunction leads to a car accident, untangling liability might be complicated. Proving that the accident was in fact caused by a mechanical failure is just the first step. There are a number of other considerations and a number of different parties who could be liable. You will want to work with an attorney who is experienced in handling these complex cases.
Which Vehicle Defects Are Likely to Cause Accidents?
When a breakdown happens while someone is driving, there is a distinct possibility that a car crash will happen. Some types of vehicular malfunctions that are likely to cause accidents include:
Getting Medical Care Before a Settlement Without Health Insurance
When you have been injured by someone else’s negligence, they may be legally obligated to cover your medical bills and other costs related to your accident. However, depending on the complexity of the case and how cooperative the defendant (or their insurance company) is, it may be months or years before you see a dime of compensation. In the meantime, you are hurt now and you need health care now. If you are one of the millions of Americans who do not have health insurance, getting the care you need when you need it can be a challenge. There are several ways that you can try to get your injuries treated. An attorney may be able to help guide you through the process of seeking care now.
What if I Need Emergency Care After the Accident?
It is important to know that hospitals are required to treat anyone who is having a medical emergency, whether they have insurance and are able to pay or not. You can be treated in the ER right away, and you will not be discharged until it is safe for you to go home. The bill can be addressed later.
Are You Underestimating What Your Car Accident Claim Is Worth?
After a negligent driver leaves you injured, one of the first things that is going to happen is that you will get a phone call from the other driver’s insurance company. They will be hoping you answer personally instead of referring them to your attorney. If this is the case, then they will most likely make you an offer right away. The offer will probably sound quite good. They may even give you a six-figure number that seems like way more than enough to cover your medical expenses in addition to fixing or replacing your vehicle.
Do not take this offer. While it may sound like a lot, accepting this offer could end up costing you quite a bit of money. Your best bet is to seek out an experienced attorney who can help you discern what your car accident claim is really worth before speaking to an insurance company.
How Do Insurance Companies Calculate Their First Offer?
Insurance companies exist to make a profit, not to help you. They will nearly always try to get away with paying out as little as possible when one of their customers causes a crash. Before making an initial offer, a claims adjuster will review the facts of the case and try to make an educated guess about what a jury might award you should the case go to trial. Then, they offer you only a small percentage of that.
Hours of Service Violations and Your El Paso Truck Accident Claim
Most people who regularly drive have experienced sleepiness at the wheel. Whether due to shift work, insomnia, or other reasons, most adults do not get the recommended 7-9 hours of sleep a night. When driving, sleep deprivation can be deadly. Experts explain that sleep deprivation can cause episodes of “microsleep.” A person may fall asleep for several seconds at a time without even realizing it. Large truck drivers who are fatigued may make driving mistakes that lead to horrific accidents.
If you or a loved one were harmed in a truck accident and you suspect sleep deprivation may have been a contributing factor, it is important to understand how this may impact your claim.
Understanding Hours of Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) limits the number of hours commercial drivers may drive in a day. For example, these “Hours of Service” rules state that commercial drivers carrying property can only drive a maximum of 11 hours consecutively. Drivers carrying passengers are limited to ten hours.
How Can I Recover Compensation for the Reduced Value of My Vehicle After an Accident?
Car crashes happen every day in Texas. Some are caused by driver inattention, drunk driving, or traffic law violations. Others are caused by defective vehicle components such as defective tires or brakes. Whatever the reason, car accidents have a major personal and financial impact on victims.
Many car crash victims are able to recover financial compensation for vehicle repair, medical bills, and other costs. However, even after a vehicle is repaired, the vehicle may not recoup its original value. Fortunately, Texas law allows car accident victims to seek compensation for the diminished value of their vehicle.
Addressing the Difference in Value Before and After a Collision
Mechanics can repair vehicle damage after a car accident, but there is no way to go back in time and make it so the accident never occurred. Regardless of the repairs performed on the vehicle, the vehicle has still been involved in an accident and potential buyers will no longer pay top dollar for it.
How Can Expert Testimony Support a Truck Accident Injury Claim?
Semi-trucks and other commercial vehicles were involved in over 30,000 auto accidents in Texas last year alone. While 18-wheelers and other commercial trucks are an essential means of transporting goods across the state, these vehicles can also do massive damage in an accident. If you were injured or your loved one was killed in a wreck involving a large commercial truck, you may be entitled to compensation for your losses. Medical bills, funeral expenses, lost income, lost society, and pain and suffering are just some of the damages to which truck accident victims may be entitled. However, a strong case backed by compelling evidence is needed to recover compensation. Expert witnesses are often a crucial component of a successful claim.
Accident Reconstructionists in a Texas Truck Accident Case
There are countless factors involved in a truck collision. Understanding exactly how and why a truck wreck occurred is often one of the most challenging parts of building a claim. Accident reconstructionists are often highly skilled in the fields of engineering, physics, and computer modeling. They evaluate the accident scene, vehicle damage, video footage, event data recorder information, and other evidence to understand how an accident took place. They can then use models and computer programs to explain the sequence of events in a crash.
3 Legal Considerations in Defective Tire Personal Injury Claims
Statistics show that a great number of car accidents are caused by negligent driving. However, some car crashes are the result of faulty vehicle components. Defective tires can be especially dangerous because tread separation and blowouts often cause a driver to lose control of the vehicle. In 2000, Firestone recalled 6.5 million tires because the tires treads were separating from the core, causing severe auto accidents. The defect is linked to almost 300 deaths. If you or a loved one were injured in a car crash caused by a faulty tire, you may be entitled to compensation.
Liability for Tire Defects is Not Always Clear
Defective tires can lead to tire explosion, blowouts, belt separation, tread separation, and other dire consequences. These defects may be caused by a number of different factors. Sometimes, a tire contains a defect because of oversights or mistakes during the design process. Other times, manufacturing errors cause faulty tires to reach consumers. Retailers may knowingly sell tires that contain defects. When a tire company discovers a defect, it may issue a recall. Unfortunately, recalls do not always prevent serious and fatal accidents. Identifying which party or parties are legally responsible for an injury or death caused by a tire defect is often the first step toward recovering compensation.
4 Ways a Personal Injury Attorney Can Help With Your Texas Personal Injury Claim
The area of personal injury law deals with injuries to persons and property caused by negligent or malicious actions. Many personal injury claims follow a car accident or truck accident in which someone is hurt or killed. Slip and fall accidents, amusement park accidents, work accidents, and other incidents can also lead to a personal injury claim.
Injured victims and their families often experience immediate financial upheaval after being hurt in an accident. Vehicle replacement costs, medical bills, and lost income make the process of healing even harder than it already is. A personal injury claim may help victims recover financial compensation for these and other financial losses after an accident. Working with an experienced personal injury lawyer during this process benefits injured victims in a multitude of ways.
What Action can be Taken After a Hit and Run Accident in Texas?
Every car accident is shocking and upsetting. Some car accident victims are left completely stunned upon realizing that not only did another driver hit them, but also that the driver fled the scene. In Texas, leaving the scene of an accident resulting in serious injury is a felony offense. Although this is a crime, it does not stop some negligent drivers from attempting to evade responsibility for a crash by speeding off. If you or a loved one were hurt in a hit and run accident, read on to learn about your legal options.
Seeking Justice and Compensation After a Hit and Run
Leaving the scene of an accident is against the law. While it is possible that witness statements, traffic cameras, vehicle debris, and other evidence may lead law enforcement to the reckless driver, some hit and run offenders are never found. One reason that a driver who committed a hit and run may leave the scene of the crime is that he or she does not have auto insurance.
Safety Violations May Be Crucial Evidence in Your Truck Accident Injury Claim
Numerous federal and state laws regulate safety in the trucking industry. Unfortunately, this does not prevent injury-causing and fatal truck crashes from occurring. If you or a loved one were involved in a truck collision, you may be able to seek justice through a civil claim against the liable party. Financial compensation may be available for medical bills, funeral and burial expenses, lost income, and other damages. Evidence of safety violations is often a crucial piece of evidence in truck accident injury claims.
FMCSA Requires Trucking Companies to Meet Certain Standards
Large commercial trucks can cause catastrophic damage in an accident. The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies and truck drivers to abide by certain safety regulations, including: