car accident faq

CAR / AUTO ACCIDENT FAQ

What if I was not wearing a seat belt at the time of my accident? Can I still recover damages?
In some states, not wearing a seat belt can reduce or negate any potential compensation for damages. This policy stems from the fact that people suffer more severe and expensive injuries when not wearing a seat belt. In other states, this is not the rule. In Texas, the use of a seat belt IS admissible evidence, and may affect your compensation. Contact an experienced car accident lawyer for a complimentary review of whether or not this will affect your case.

What determines who is responsible in an automobile accident?
In car accidents, there are official written rules and guidelines on how to drive and how to determine liability for accidents. You may remember these rules from driver's education classes. Complete rules, guidelines and policies are contained in each state's vehicle code, and they apply not only to automobiles but also to motorcycles, bicycles and pedestrians. A thorough review of the situation is necessary to determine responsibility and liability.

Should I release my medical records to the driver's insurance adjuster?
NO! Medical record releases should only be signed under limited circumstances. If your medical information gets into the insurance adjuster's hands, it could potentially hurt your case, and jeopardize compensation for your car accident.

What happens if the cause of the automobile accident is not clear?
It is sometimes difficult to say that one particular act caused an accident. Some states have some form of no-fault auto insurance, also known personal injury protection. In general, no-fault coverage eliminates injury liability claims and lawsuits in smaller accidents in exchange for direct payment by the injured person's own insurance company of medical bills and lost wages. No-fault coverage often does not apply at all to vehicle damage.

If I file a personal injury claim, do I have to go to court?
If another driver's insurance company agrees to pay what your attorney believes your case is worth, and you wish to settle for that amount, then your case will not go to court. This happens in most situations. Some cases do require a formal trial proceeding. In either situation, consulting with an experienced car accident attorney is key to receiving full compensation for your car accident injuries.

I don't feel injured after an automobile accident. Should I still see a doctor?
Both you and your passengers should strongly consider seeing a medical doctor after an accident. A medical doctor may recognize injuries not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. It is not recommended that you settle claims from an accident until a doctor has fully advised you about the extent of your injuries.

What if I believe the accident was partly my fault?
You may not be in the best position to assess how or why the accident happened. Defective equipment in your vehicle, a malfunctioning traffic signal, or another driver's intoxication are among many common causes of an accident which your attorney can investigate and evaluate. Accepting blame and apologizing to another driver may be used as evidence against you at trial. Leave it to an independent party - such as a judge or your own attorney - to determine fault and liability for a car accident.

Can I still win my case if my memory of the accident now conflicts with things I might have said at the time of the accident?
It's very common for people to say things at the time of an incident that they later realize were inaccurate. A witness may misstate what you said about how the incident took place. You may have a hard time explaining the differences in your story, but consulting with an experienced car accident attorney may smooth over any fears of inconsistencies.

I was in a car accident and the air bags in my car didn't deploy. Do I have a case against the car manufacturer?
Maybe. There are several factors that dictate whether an air bag will deploy in a collision. Up to 90% of vehicles on the road in the United States have some form of an electronic data recorder (EDR). Contents of your EDR should be downloaded and preserved. If the circumstances of your accident were such that the airbags should have deployed, you very well may have a product liability claim against the manufacturer.
Additional questions? We’re here to answer them. Contact the Rasansky Law Firm to speak with our auto accident lawyers about how we can help if you've been injured in a car or truck accident.

We demand strict professional standards. Our Dallas-based attorneys are among the finest auto accident lawyers and have resolved many multi-million dollar personal injury cases. We are passionate about our role as advocates and treat our clients with complete respect and compassion. We are committed to utilizing all available legal advantages and tactics to successfully resolve your personal injury claim.

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The Texas personal injury attorneys at Rasansky Law Firm represent clients throughout Texas, including Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Kauffman, Lubbock, San Antonio and Tyler. Our personal injury lawyers handle a various types of personal injury claims, including automobile accidents, medical malpractice, birth injuries, nursing home abuse, product liability, defective products, premises liability, day care abuse, maritime injuries, workplace injuries, overtime pay, social security disability benefits and securities fraud.



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