At the Law Office of Robert S. Hogan, we work hard to fight for our clients in all types of personal injury cases, including motor vehicle accidents.
Motor vehicle accidents are a common cause of personal injury. Their impact ranges from the inconvenience of property damage to debilitating injuries or death. If you have suffered injury in a car, motorcycle, or boating accident you may be entitled to compensation. The circumstances surrounding the collision, the conduct of the drivers involved, the nature of the injury suffered and the available automobile insurance impact whether compensation is available. Our firm has the experience necessary to evaluate the issues of liability and damage, protect your rights and maximize the compensation you receive.
We are diligent in seeking favorable results for our clients and our goal is to develop the strongest case to bring to court. We are known for our innovative preservation and presentation of evidence.
We focus on serious injury cases, including those caused by drunk drivers, semi-truck accidents, motorcycle accidents, pedestrian accidents with motor vehicles and boating accidents. But we also handle smaller cases as well, with the same personal touch and professional attention.
If you would like to speak to an aggressive and dedicated West Texas and New Mexico personal injury attorney at the Law Office of Robert S. Hogan, contact us to request a free initial consultation.
What to do if you are in an accident
1. Stay calm, do not leave the scene of an accident.
2. Call the police and/or emergency medical services if someone is injured.
3. If the police will not come to the scene, make a police report as soon as possible with the local police department of the city where the accident occurred.
4. Never let the other driver talk you out of calling the authorities!
5. Get the following information from the other driver(s) involved in the collision: name, address, phone number, driver’s license number, license plate number, and insurance information including policy number and number for the claims department.
6. Seek out anyone nearby who may have witnessed the collision, and get their names, addresses and phone numbers.
7. If the vehicle is owned by someone other than the driver, get the name, address and phone number of the owner.
8. Do not give a statement to anyone other than the police about how the accident happened.
9. If you have been injured, contact our office to make certain your legal rights are preserved. We will provide you with a free consultation and advise you of your options. This should be done promptly, as you only have a certain amount of time to make claims, and witnesses and evidence may fade with time.
Frequently Asked Auto Accident Questions
Q: Ouch! I didn’t think I was hurt when I spoke with the police officer, but later I realized that I was hurt. What should I do?
A: Car wrecks are always traumatic, startling events. Even if you are fortunate enough not to have any broken bones or lacerations which required emergency attention right after the wreck, it is common to discover injuries you didn’t realize you had at first during the days or weeks that follow. Bruises, bumps, strains, and sprains may take several days to show up, and you may not feel them at first due to the shock and adrenaline you experience right after the accident.
It is always a good idea to get a medical checkup with your primary doctor or an emergency room following an accident, and to watch carefully for the onset of latent injuries during the weeks that follow. It is possible you will discover neck or back injuries that you were not aware of. It is also important that you have enough time to properly evaluate any such injuries before you make your claim to the other insurance company. Once you settle or otherwise resolve your case, you can’t go back and get more money. Many insurance companies may pressure you to settle your case too quickly, before you have had the opportunity to find out the true extent of your injuries.
Q: What damages can be recovered for injuries caused by a car accident?
A: There are many elements of damage you may suffer when involved in a car accident. The law allows injured persons to recover:
* Medical costs
* Future medical costs
* Lost wages
* Damages for pain and suffering
* Damages for physical disability
* Damages for scarring and disfigurement
Wages you lost because of time missed from work may also be claimed even if sick or vacation days are used for some or all of the missed time. “Pain and Suffering” refers to the physical pain and discomfort as well as worry, anxiety and embarrassment which results from the injury.
“Disability” is the temporary or permanently diminished ability to enjoy life. This includes a person’s inability to pursue the pleasurable aspects of life. The avid bicyclist who isn’t able to ride after suffering injury in a car accident may be entitled to compensation for her “loss of a normal life” or disability.
“Disfigurement” refers to the obvious damage to the body such as scarring, burns or amputation. The impact that such a condition has and will have upon the injured person is the basis of the claim. The location, size and visibility of the scarring factors heavily into the degree of compensation appropriate.
Q: How do I determine who was at fault?
A: If the accident was someone else’s fault, you may be entitled to compensation. Fault is determined by evaluating a variety of factors. The description of the collision by the drivers involved, witness statements, the nature and location of the damage to the vehicles, observations and conclusions of police officers at the scene and, in some cases, accident reconstruction, are all means by which fault is evaluated.
Under the law, more than one driver involved in an accident may be considered to be at fault. Just because a single driver received a citation, or was noted on the accident report as being at fault, does not always mean that the court will assess fault in the same way. Insurance companies can also be reluctant to accept or agree that their driver was at fault for a collision.
Q: How is an insurance claim initiated?
A: A claim may be made with the at fault driver’s insurance company. A claims adjuster is assigned by the insurer to evaluate the fault of the drivers, the nature of your injury and the property damage your vehicle sustained. It is important to remember that the claims adjuster’s job is to limit the amount paid to you to whatever extent possible. The claims adjuster represents the interests of the insurer. Involving an experienced attorney to work on your behalf can level the playing field and provide the experience necessary to protect your interest in receiving full compensation for your loss.
Q: Should I provide a statement to the other insurer?
A: Many insurers ask to take a recorded statement from the injured person shortly after the accident. We do not recommend providing a statement without first speaking to a lawyer. The claims adjuster who will take the statement does not represent your interests. A recorded statement often addresses crucial issues of fault and damage. Before providing a statement, speak with a lawyer who can assess whether it is in your interests to do so, and who can be with you personally when you give any statement. Do not allow the insurer to address these critical issues without the benefit of a lawyer acting on your behalf.
Q: What if the other driver does not have insurance?
A: If the other driver who caused the accident is uninsured, you may be able to obtain compensation through your own insurer through under-insured motorist coverage, which Texas law requires every policy provide unless rejected in writing. This coverage protects you and passengers in your vehicle when you are injured by a person who failed to carry insurance.
An uninsured motorist claim is governed by the terms of the policy. The recovery of compensation is limited to the amount of coverage you have purchased. It is important to review the policy to determine the terms and amount of coverage available.
Q: What if the other driver has limited insurance coverage?
A: If the other driver does not have enough insurance to cover your medical bills, you may be entitled to compensation from your own insurer under your under-insured motorist coverage. Like uninsured motorist coverage (UM), under-insured coverage (UIM) is required to be offered under every Texas policy, unless rejected in writing. This coverage protects you, members of your family, and occupants of your vehicle when the insurance of the other driver is smaller than the coverage you purchased and the compensatory value of your claim exceeds the policy limit of the other driver’s policy.
An example of an under-insured motorist claim is as follows:
John, age 17, is a passenger in a car driven by his friend, Larry, when they are broadsided by a drunk driver. John’s leg and wrist are broken in the collision, and he has medical bills and other damages well over $20,000. He soon learns that the driver who hit them had only $20,000 in insurance coverage. In that event, John can look to the UIM coverage under his own insurance policy, under his friend’s insurance policy, and perhaps under his parent’s policy, depending on the extent of his damages.
Whether you are entitled to under-insured motorist benefits depends upon careful review of your insurance policy, the policy of the other driver, the circumstance of the collision and the nature of the injury suffered.
If you don’t have UIM insurance coverage, it is also possible that we may be able to assist you in negotiating reductions in medical charges from your medical providers. Many providers have little-known billing policies that can be used to reduce the amount you have to pay to a manageable amount, allowing you to make better use of limited insurance coverage.
