Jun 30, 2022
| By dagmar
| Read Time: 9 minutes
If you or a loved one has been in a car accident and you’re looking to get compensation from the other driver, there are many pieces of evidence you’ll want to have to show that the other driver was at fault. One of these documents is the police report of the accident. The police report will need to be provided to your attorney and to your automobile insurance company so the appropriate damages can be pursued. Why Is a Police Report Important? As mentioned above, you’ll want to show that the other driver was at fault for the car accident and any resulting injuries. A police report is one of the most useful ways to prove fault because it generally includes detailed observations from the officer who was on the scene. Helpful evidence that is commonly included in a police report includes: Facts about the scene of the accident – These can include information about the weather conditions, the time of the accident, the location of the accident, the position of the vehicles immediately after the accident occurred, and whether or not the other driver was issued a ticket or violation. Witness reports – When an officer arrives at the scene, they generally look for people who witnessed the accident and take their statements. These witness statements are helpful to show what happened leading up to the accident and the circumstances around which the accident took place. Since there often isn’t video evidence of exactly what happened, eyewitness accounts can be critical in determining who was at fault. The officer may also include their opinion of who was at fault in the accident. Information about the other driver – The police report will also include information about the other driver, such as name, contact information, insurance information, and the make and model of the driver’s vehicle. Are Police Reports Required After a Car Accident in Texas? A police report will not always be required by law, but it is still a good idea to get one, as you never know what injuries or damages will show themselves down the line. Under Texas law, if the accident caused over $1,000 of property damage, injury, or death, you will be required to report the accident and file a police report. Even if you don’t think there is $1,000 worth of damage, it is a good idea to report the accident and get a police report. You can’t be sure of the exact amount of the damage or the full extent of any injuries, so you’ll want to cover your bases. A police report will be crucial if you decide to file a personal injury or accident lawsuit or if you need to deal with insurance companies. The police report is considered an unbiased account of what happened at the accident, so it is relied on by juries, courts, insurance companies, and any other involved party to help determine what took place and who was at fault. It’s important to note that Texas law provides you with 10 days to report the accident and file a police report. If a police officer cannot come to the scene of the accident, you’ll want to get on the Texas Department of Transportation website to fill out a crash report form, also called a CR-3. It is recommended that you fill out the form as close to the accident as possible. Doing so will allow you to provide the most accurate information. The information you’ll want for the crash report includes: A detailed description of the location of the accident, including the town, state, street names, and nearby intersections The date and time of the accident A detailed description of the vehicles involved in the accident, including make, model, year, license plate number, and vehicle identification number if you have it A detailed description of what happened from your point of view (Every driver’s account of the accident will differ based on their perspective, but it is important that you do your best to provide a truthful, accurate description of the events.) A detailed description of any injuries you suffered from the accident A detailed description of any property damage caused by the accident If you are unable to file a police report, you should still make sure to document the accident as best as you can. Make sure to take down pertinent information about the other driver, such as name, contact information, and insurance information. Use your phone to take pictures of the vehicles prior to moving them. Doing so will allow you to document any other conditions that may have impacted the accident, such as poor weather conditions or disrepair of the road. If there are any witnesses, try to speak to them and get their contact information. Get Your Police Report Since the police report is such an important document, you want to make sure that you get a copy to provide to your personal injury attorney and your insurance company. The steps to getting an accident report may vary depending on your location. Under Texas law, not everyone is entitled to see police reports due to the confidential information many of them contain. Only individuals who are directly involved in the accident or individuals with proper interest are eligible to request the full, unredacted police report. Those individuals include: The owner of the vehicle in the accident The authorized representative of someone who was involved in the accident The parent, guardian, or employer of a driver involved in the accident Any individual who is financially responsible for a vehicle that was involved in the accident Any individual who may bring a lawsuit because of the death of someone involved in the accident An insurance company that has issued a policy covering a vehicle or person who was involved in the accident A qualified radio station, television station, or newspaper If you fall under one of the criteria above, you can request a copy of the police report. Some locations where our clients...
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Jun 6, 2022
| By Anthony Milano
| Read Time: 7 minutes
Riding motorcycles can be a lot of fun, but it can also be quite dangerous. Motorcycles leave the driver relatively unprotected, which can cause motorcycle accidents to be extremely severe and the driver to receive significant injuries. At the Milano Legal Group Accident Attorneys, we understand the importance of having an experienced lawyer on your side if you’ve been in a motorcycle accident. Our team passionately advocates for injured motorcyclists to receive the compensation they deserve. Common Causes of Motorcycle Accidents At the Milano Legal Group Accident Attorneys, we believe motorcycle accidents can be prevented. As a motorcyclist, it’s important that you understand what commonly causes motorcycle accidents so you can stay alert and try to avoid these situations. Distracted driving – Distracted driving is a top cause of motor vehicle accidents in general. As smartphones become ubiquitous, drivers are more and more likely to use them while behind the wheel, even if it’s to change the song or check the GPS. When driving a motorcycle, it is critical to keep your eyes on the road at all times. If you need to check your phone or adjust something on your bike, pull over first. Failure to follow safety rules and road signs – Motorcycles are smaller than passenger cars, so it may be harder for other vehicles to see you, meaning you need to take extra caution when making turns or switching lanes. Make sure to use your blinker when changing lanes and leave a safe distance between your bike and other cars. Also, make sure to be aware of your surroundings. Avoid riding in a vehicle’s blind spot and take extra caution at intersections where it is hard to see. Aggressive driving or speeding – We all want to get where we’re going quickly, and sometimes that means driving over the speed limit or driving aggressively, especially dangerous on a motorcycle. The faster you’re going, the more severe your injuries are likely to be if there is a collision. You should also avoid aggressive driving behaviors such as tailgating or lane splitting (when a motorcycle passes between a line of slowly moving or stopped vehicles), as those are likely to cause accidents. Operating under the influence – Driving while under the influence of drugs or alcohol is not only illegal; it’s dangerous. These substances increase your reaction time and can lead to poor judgment and risky decisions. Motorcycle Accidents Cause Potentially Serious Injury According to the National Highway Traffic Safety Administration, motorcycle riders are 26 times more likely to die in traffic collisions than passenger vehicle drivers and occupants, likely due to the motorcycle driver’s exposure. Any part of the body can easily be injured in a motorcycle accident, and many of those injuries are severe. Common injuries suffered by motorcycle drivers include: Traumatic brain injuries (TBIs) Spinal cord injuries (which often cause paralysis) Bone breaks and fractures (most commonly to the lower extremities) Internal injuries and internal bleeding Lacerations and skin abrasions (more commonly referred to as road rash) Steps to Take After a Motorcycle Collision Being in a collision is scary and, for many people, not common. What follows are a few things you should do if you are in a collision to help preserve your rights. Step 1 – Seek Medical Attention Your health and safety are the first priority. Always prioritize seeking medical care, even if you don’t think your injuries are serious. Many injuries, such as whiplash, take a bit of time for symptoms to show fully. Step 2 – Contact Law Enforcement If you’ve been in an accident, even if it is minor, you always want to call the police. Having a police report of the accident will be crucial for you and your attorney in the event you need to negotiate compensation or take your case to trial. Make sure you tell the officers on the scene about any injuries you have suffered or any symptoms you experience. Step 3 – Get Documentation If you can, get documentation at the scene of the accident. Start with the other driver and collect copies of their driver’s license, insurance, and contact information. If there were witnesses to the accident, make sure to get their names and contact information to pass on to your attorney. It is also a good idea to take photos of the scene of the accident, as these may be useful to you and your attorney down the road. If possible, take the photos before the vehicles have been moved, so you show a clearer picture of the scene. Step 4 – Contact an Experienced Motorcycle Accident Attorney It will be critical that you have someone on your side who is looking out for your best interests and fighting for your rights. An experienced attorney will help you collect the information needed and file your claim, so you get the compensation that you deserve. Step 5 – Don’t Give Any Statements To pursue a claim through insurance, you will likely need to provide a statement about the accident. Don’t give this statement without consulting your attorney. You don’t want to say something that will adversely impact your claim inadvertently. In addition, don’t discuss the accident on social media. Insurance companies often search your social media pages to find information about the accident, which they may try to use against you. If you are ever presented with any documents to sign, make sure your attorney reviews them first to make sure you can sign them while still preserving your rights. Liability in a Motorcycle Accident Texas is considered a modified comparative negligence state, meaning that if you are found by a jury to be 50 percent or less responsible for the collision, you can receive compensation from the other driver, and the damages will be reduced by the percentage of fault assigned to you. If you are over 50 percent at fault for the collision, you will not recover compensation from the other driver. The question of the percentage of fault...
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May 4, 2022
| By Anthony Milano
| Read Time: 5 minutes
Everything You Need To Know About Hiring A Houston Personal Injury Attorney After being injured in an accident, victims often find themselves in serious pain, unable to work, and drowning in debt. Fortunately, if you’ve been injured in an accident caused by the negligence of another person or entity, you may be eligible for significant financial compensation. However, if you wish to seek compensation for your injuries, you shouldn’t do so without the assistance of an experienced Houston personal injury lawyer. Our knowledgeable attorneys at Milano Legal Group are here to help you obtain the financial compensation you deserve for your Houston personal injury. When you become our client, regardless of the type of accident that caused your injury, our experienced lawyers will do everything possible to see your case through to a successful conclusion. In addition, if you’ve lost a family member due to an accident involving negligence, we will help you pursue a wrongful death lawsuit against the responsible party. In this Houston personal injury lawyer guide, we discuss personal injury cases in Texas and explain how to find an accident injury attorney that is right for you. Types of Personal Injury Cases A Houston personal injury attorney can represent you in a variety of personal injury cases, including: Bicycle accidents Although riding a bicycle is a convenient alternative to driving a motor vehicle, taking public transportation, or walking, it can also be quite dangerous. Unfortunately, cyclists’ relative lack of protection means they tend to sustain serious injuries when involved in accidents with motorists. Distracted driving accidents Distracted driving is more of a problem today than it has ever been. According to the Centers for Disease Control and Prevention, more than 400,000 people were injured in crashes involving a distracted driver in 2019 alone. Drunk driving accidents It is no surprise that driving while under the influence of alcohol or drugs is a bad idea. Drunk driving kills around 10,000 people every year in the United States. Those who survive their accidents are often left with life-changing injuries. Motorcycle accidents Like bicycles, motorcycles are a great alternative to passenger vehicles. However, bikers involved in accidents with motor vehicles tend to suffer serious injuries, especially when traveling at high speeds. In fact, hundreds of bikers are killed each year in Texas. Pedestrian accidents According to data from the Texas Department of Transportation, annual pedestrian deaths in Texas sometimes outnumber motorcycle crash deaths. Many pedestrians who survive their accidents sustain life-altering injuries. Truck accidents Semi-trucks pose serious risks to other vehicles due to their size and power. The results of a commercial truck colliding with a smaller vehicle are nearly always catastrophic. Wrongful death When someone dies as a result of someone else’s negligence, the deceased’s family members may be able to file a wrongful death lawsuit. Family members of the deceased can obtain financial compensation for the loss of their loved one by filing a wrongful death claim. How a Personal Injury Lawyer Can Help You A Houston personal injury lawyer can help you obtain financial compensation for your injuries, regardless of the type of accident you’ve been involved in or the injury you have suffered. The personal injury process can be broadly separated into the following three stages: (1) investigation and demand, (2) litigation, and (3) financial recovery. When you hire a personal injury lawyer to assist you, they will guide you through each of these stages: Investigation and Demand During the initial stage of your case, your lawyer will collect as much information as possible about your accident. Based on this information, they will then make a monetary demand on the defendant or the defendant’s insurer. If this demand results in a fair settlement offer, your accident injury attorney will take the necessary steps to ensure that you receive the agreed-upon amount. However, if the defendant makes you a lowball offer or declines to settle your case, your attorney will proceed to the next step. Litigation Next, your attorney will draw on their knowledge, skill, and experience to handle all aspects of the litigation process on your behalf. Common litigation tasks include filing paperwork, conducting discovery, and collecting evidence. If your case fails to settle during the litigation stage, your accident attorney will take your case to trial. Financial Recovery Finally, whether you settle your case or win at trial, your accident lawyer will make sure you receive the money you are owed, which may entail filing post-trial motions to collect the court judgment, coordinating payment through the defendant’s insurer, or taking other necessary measures. What to Look for in a Personal Injury Attorney When you hire the right accident attorney, your chances of a successful outcome in your Houston personal injury case increase dramatically. You should do the following to find an attorney who will provide you with the best chance of success: Choose an attorney who focuses primarily on personal injury law: Although this may seem obvious, the accident injury attorney you select should primarily practice personal injury law. Each type of practice area is highly specialized, and attorneys usually only focus their practice in a handful of areas. So, for example, when choosing a Houston personal injury attorney, you shouldn’t hire an attorney whose primary focus is divorce law. Choose a Houston personal injury lawyer who has ample experience handling cases like yours: Not only should the attorney you choose practice personal injury law, but they should have tried similar cases to yours. For example, if you were injured in a pedestrian accident, you should hire an attorney who has previously handled pedestrian accident cases. Choose an attorney who is willing to take your case to trial: Although most personal injury cases settle before trial, if yours is a rare case that doesn’t, you’ll need an accident lawyer with sufficient trial experience. Choose an attorney with a track record of success: No lawyer should ever guarantee a specific outcome to your case. However, attorneys are free to share their previous achievements with you. So,...
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