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March 2020 - Robert Littlefield Buford III, Attorney at Law

Can Someone Sue You for a Car Accident if You Have Insurance?

Can Someone Sue You for a Car Accident if You Have Insurance?

Posted by | Car Accident | No Comments

So, you just got into a car crash, and you were liable for it. What is the way forward? Most car accidents are resolved through a car insurance claim, but it all depends on whether you agree with the other party right away. Can someone sue you for a car accident if you have insurance? If this is your main concern, the answer is yes, and that is why you need the assistance of a reliable Austin personal injury attorney to take you through the lawsuit.

A lot comes into play when dealing with a car accident. The aspects are whether anyone got injured or any property was damaged. The affected party can go after you with injuries or car damages caused by the crash, but if you have insurance, there is little to worry about. Your liability coverage will take care of the entire process, including compensation and paying a lawyer to defend you.

Can Insurance Protect You From Court?

Yes, having car insurance can protect you from being sued or going to court, but some cases are different. The coverage helps in catering to all legal expenses, and there are some exceptions where the affected party will choose to sue you. Some of the reasons why someone would sue you for a car accident if you have insurance include;

  • Inadequate coverage – You might have an insurance cover, but then, it is not adequate to cater for all the damages caused by the crash. For example, you are expected to have a minimum of $25,000 for property damages and at least $50,000 for injuries. This means that if you have less than this or if the claim is higher than the limit, your coverage will not offer adequate protection, and the affected party may sue you to be able to recover the total cost of damages.
  • Delayed settlement – the other driver may decide to sue you if the claim process is taking too long before settlement. If the insurance claim is dragged on, the affected party may File A Lawsuit.

Can you be Sued After Agreeing to Settle?

If you agree to settle the case outside of the court, the affected party is affected to sign a release. This bans them from filing a claim in the future regardless of whether s/he incurs accident-related expenses in the future. However, the case can be re-opened if the affected individual fails to reach an agreement with the insurance company or with your attorney regarding the terms of the settlement.

What to Do if you are Sued After a Car Accident?

Your priority should be to hire an attorney to represent you in the case. An attorney is experienced and has the required skills and expertise to speed up the case. You should take your time to look for a reliable and reputable Austin personal injury lawyer, make sure that the attorney is familiar with the law and has your best interest at heart. Contact Robert Littlefield Buford III, Attorney, at Law today for car accident claims.

Determining Fault in Bicycle Accident

Determining Fault in Bicycle Accident

Posted by | Pedestrian Accident | No Comments

Cyclists have similar legal privileges as those who drive other commercial and passenger vehicles. Getting compensated from the insurance carrier of the at-fault driver works similarly as when you get injured when riding a bicycle.

Before your claim gets paid by the insurance company, you have to convince the valuer that the driver of the car is at-fault for the accident. An Austin Personal Injury Attorney can assist you in building a strong claim.

Collecting evidence required for a successful injury claim starts at the scene of the accident. You should call the police department when you are involved in a bicycle accident. Inform the evaluator you have been hit by a vehicle while cycling. If you have had a severe injury, inform the dispatcher to send you an ambulance or immediate medical attention. When your adrenaline is running high, you may have a life-threatening internal injury or brain tumor that is masked by the devastation of the accident.

Delaying medical treatment can decline your claim. Your insurance provider might use the excuse that your injuries are not related to the crash to deny your claims. So, if you have the ability, start gathering evidence while waiting for the police.

Some of the evidence you should collect to break or make your injury claim include:

  •         Pictures: Utilize your mobile phone to take videos and photos. Capture as many images as you can from different angles, including the position of the car, your crashed bicycle, your torn clothes, and your damaged helmet.
  •         Medical records: Your medical records and bills are essential evidence of your injuries. Ensure that you tell the medical providers who treat you that a car hit you while cycling.
  •         Police report: The police officer who responds to your case will investigate your accident and file a police report. Ensure that you tell the officer how the accident happened as this report includes the officer’s opinion of the accident and provide any legal citations developed for violating traffic laws.
  •         Statements from witnesses: Take the names and contacts of people who observed the accident. If you get a willing witness, request them to write down what they heard and saw.
  •         Detailed notes: Write detailed notes about what happened, the injuries sustained, and what the at-fault driver did and said. Statements like “I did not see you” or “ I am sorry” are admissions that can assist you in proving that the driver was responsible for the accident.

When do you require a personal injury attorney for a bike accident claim?

Determining fault in bicycle accidents sometimes requires an attorney to calculate your claim value and ask the insurance company to compensate you. When the bicycle is hit by a truck or car, the unprotected rider often sustains severe and sometimes permanent injuries.

Do not trust the insurance provider to offer fair compensation if you have been seriously injured in an accident. You will require a skilled lawyer to get the compensation you deserve. Get the help you need to get fair insurance compensation. Most personal injury attorneys will not charge you for an initial consultation. You have no obligation, and it will cost you nothing to know what a skilled and experienced personal injury attorney can do for you. 

 

What to Do If You Lose a Loved One to A Fatal Bicycle Accident

What to Do If You Lose a Loved One to A Fatal Bicycle Accident

Posted by | Pedestiran Accident | No Comments

Riding a bike is an environmentally friendly mode of transportation that can also help you to relax and decrease overall stress levels. Most modern cities are bicycle-friendly with special lanes for cycling to motivate residents to adopt an active lifestyle. The activity is widely popular, and many people cycle not only for recreation but also to go to work or run errands. However, cycling isn’t free of its drawbacks and bicycle accidents are fairly common and often result in fatal injuries. If you’ve lost a loved one to a fatal bicycle accident, you might have a right to pursue compensation. A competent Austin personal injury attorney can advocate on your behalf.   

Common Causes of Bicycle Accidents

In spite of taking measures to incorporate bicycle-friendly lanes, cyclists frequently find themselves sharing roads with automobiles and motorcycles. Even if you’re a skilled bicyclist with expert knowledge on traffic rules, you’ll only be safe if other road users follow the rules too.

Here are the most common causes of bicycle accidents:

  • An automobile turning into a cyclist’s path
  • Car drivers not seeing cyclists when making lane changes or turns
  • A vehicle pulling out of a junction
  • Doors of vehicles opening ahead of an oncoming bicycle rider
  • Bad roads with potholes, water puddles or oil slicks may cause a bicyclist to lose balance or skid
  • Reckless driving or riding
  • Lack of road awareness
  • A driver’s inability to judge a cyclists’ speed or distance

What to Do If You Lose a Loved One Because Of a Fatal Bicycle Accident

If a close relative has lost their life to a bicycle accident, knowing what to do next may be hard. That’s why it is advisable to get in touch with an Austin personal injury attorney, who can help to ease the burden. You should also consider the steps below:

  • Report the bicycle accident to the relevant authorities and acquire a police report
  • If another vehicle was involved in the bicycle accident, try to get the vehicle’s license number. You should also collect information from possible witnesses, and any other evidence you consider useful
  • Acquire a medical report, so that you can initiate the claims process
  • Keep all the records, including medical expenses, burial costs, and other expenditure receipts intact

Filing a compensation claim for a fatal bicycle accident can be a tough undertaking. If you want to increase your winning chances, follow the steps listed above, and then contact a reputable law firm.

Seek the Help of an Austin Personal Injury Attorney

At Robert Littlefield Buford III, Attorney at Law, our personal injury attorneys are committed to helping our clients acquire the best settlement. After losing a loved one to a fatal bicycle accident caused by negligence, you might not know what to do next. However, a competent Austin personal injury can guide you on the proper steps to take in your pursuit of justice. Losing a loved one can lead to severe emotional suffering, hefty medical bills, lost income and more.

With the help of a competent attorney, you may be able to pursue compensation for all your losses from the liable party. While money cannot bring back a loved one, it can help to reduce some of your financial burden. Call our law firm today to book a free consultation with a personal injury lawyer.  

 

When to Get an Attorney for a Car Accident

When to Get an Attorney for a Car Accident

Posted by | Car Accident | No Comments

If you have been involved in a car accident, you should seek the help of an Austin personal injury attorney as soon as possible. If you wait too long, it may be difficult to pursue the compensation you deserve. After a car accident, you may need to repair your car and seek medical attention. If the other driver was at fault, your attorney will guide you to pursue the compensation you deserve. If you are wondering when to get an attorney for a car accident, the article may answer your questions. 

Contact Them Before Filing Your Insurance Claim

Always speak with an attorney before filing a claim with your insurance provider. The right attorney can help you through the process of filing a claim. It is unwise to speak with your insurance provider before getting the opinion of your lawyer.

Your insurance provider will always try to give you as little compensation as possible. Your attorney may help you negotiate maximum compensation. Your insurance provider will always try to twist your statements and use them against you. The right attorney will work with you to ensure that you don’t fall into common traps. 

Contact Them After Visiting a Doctor

When you get into an accident, the first step should always be to seek medical help. You should see a doctor even if you don’t think that you have been hurt. Keep copies of your medical records and submit them to your attorney as soon as possible. 

When Trying to Estimate the Amount You Deserve as Compensation

You need the help of an attorney when you are trying to establish the amount you deserve as compensation. Your attorney will help you calculate the settlement you deserve based on estimates from fixing your car and your medical charges. Your attorney can offer you an estimate depending on the details of your case. Some of the most important things that may be considered include;

Lost Wages

This will be calculated based on the time you were forced to miss work following your car accident injuries

Future Medical Expenses

The expected future medical costs can have an impact on the amount you receive as compensation. If the expected medical costs are high, you are likely to receive high compensation.

Punitive Damage

If you can prove that the other driver was driving recklessly or maliciously, you may get compensation for punitive damage

Pain and Suffering

You can receive compensation for the emotional distress you had to endure as a result of the accident

When you contact your attorney, they may help you negotiate a settlement out of court or file a lawsuit. If the accident was a result of someone else’s fault, they are responsible for your damages. If you are unsure of whether to file a lawsuit or negotiate out of court, your attorney can advise you. 

When looking for an attorney after a car accident, pay attention to their experience, expertise, and communication skills. If you are looking for an Austin personal injury attorney, contact Robert Littlefield Buford III, Attorney at Law today and get a free consultation.

 

What to Do After a Bicycle Accident

What to Do After a Bicycle Accident

Posted by | Pedestrian Accident | No Comments

Bicycle accidents happen way too often, and they may be very traumatic. If you’re riding a bicycle and accidentally collide with a vehicle, what you do afterward is crucial. The action you take following a bicycle accident might hugely impact the amount you can recover for potential injuries and damages.

Here, we take a look at what to do after a bicycle accident. For more details, please consult an Austin personal injury attorney.

What to Do After a Bicycle Accident

Follow these steps if you are involved in a bicycle accident:

1.      Dial 911

Right after a bicycle accident, take out your phone and dial 911 to inform the local authorities or call for an ambulance. If you are not able to do so, try to ask somebody else for assistance.

2.      Wait for Police Officers to Arrive

Regardless of whether you think you’re injured or not, you should wait for law enforcement officers to arrive, and file a report. Some injuries take hours to show symptoms, and at times, some seemingly minor ones later become severe issues. If you go away from the scene of the accident, you lose your chances of ever identifying the liable driver.

3.      Report Your Version of Events

In some cases, the police take statements from the driver and do not bother to ask cyclists about their version of the story. So, you should do all you can to have your side entered into the official police report. Additionally, try as hard as possible to report all the injuries you have sustained, including the minor ones.

4.      Get the Contact Details of the Driver and Possible Witnesses

If possible, obtain the automobile driver’s name, address, mobile number, insurance details, driver’s license number, and vehicle plate number. Also, try to acquire the names and contact details for anyone who witnesses the crash. If you’re unable to obtain such information yourself due to injuries, ask a concerned bystander to acquire it on your behalf.

5.      Document the Incident

Again, if you can, jot down how, where, and when the accident happened. Also write down the status of the road, traffic and weather at the time of the incident. Jotting down such details is important because it ensures you won’t forget important information later on.

6.      Seek Immediate Medical Attention

Seeking medical attention right after a bicycle accident is essential, even if you feel your injuries are minor. Your injuries will be documented in the medical records, which will prove that you were injured. You should also have a couple of pictures taken of the injuries and begin a journal of the physical symptoms you experience.

7.      Consult a Personal Injury Attorney

Sometimes, bicycle-car accidents can become messy. So, if you are not sure about what to do after an accident, you should consult a competent personal injury attorney. The lawyer can help you fight for compensation for your hospital bills, bike damage, and other losses. He or she can also help you with dealing with the respective insurance agencies and ensure you acquire your rightful compensation.

If you are a victim of a bicycle accident in Austin, at Robert Littlefield Buford III, Attorney at Law, we can help. Call us today at (512) 476-4444.

 

What Should I Know About Hit and Run Pedestrian Accidents

What Should I Know About Hit and Run Pedestrian Accidents

Posted by | Pedestiran Accident | No Comments

A hit and run pedestrian accident is where a car hits a person on foot and leaves the collision scene straight away. Even if a driver isn’t at fault, the act of running away from the scene of the accident makes the incident a hit and run.

If you or someone close is a victim of a hit and run pedestrian accident, consider getting an Austin personal injury attorney on your side. Such a case can be complex, so it’s best to seek help from legal professionals. Contact Robert Littlefield Buford III, Attorney at Law at (512) 476-4444 for a free and detailed consultation.

What Are the Consequences of a Hit and Run Pedestrian Accident?

A hit and run is a serious criminal charge in Texas State. If a driver hits a pedestrian by accident, but chooses to flee without administering help, they might face a 3rd degree felony conviction. The felony carries two to ten years of imprisonment. If the victim didn’t suffer severe injuries, the consequence could be up to twelve months in county jail or five years at a state prison.

Issues with Liability

Most times, pedestrians have the right of way, so they are not usually responsible in hit and run pedestrian accidents. Automobile drivers are required to pay attention to traffic signs and keep an eye out for pedestrians always, even in places without crosswalks.

However, sometimes, both parties may be liable for the accident if they were both negligent. Texas uses a modified comparative negligence law, meaning victims can’t make damage claims if they are over 50% at-fault for their injuries.

It’s worth noting that enforcing one’s rights is very different in a hit and run pedestrian accident. The first priority of a victim should be to find the driver who hit them, so they can file a claim with their insurer. That’s because they might not get compensation till the motorist is identified. As a result, the person will have to utilize their healthcare insurance and make a claim with their insurer. However, chances of identifying the hit-and-driver can be increased by:

  • Calling 911 straight away
  • Noting the physical description of the car and motorist
  • Tracking down any witness who might have seen the accident
  • Approaching business in the nearby area to see if they have set up security cameras.

Some of the above tasks might be hard or not possible depending on the extent of the victim’s injuries.  

Get Legal Assistance from an Austin Personal Injury Attorney

A hit and run pedestrian can have a substantial impact in the life of the victim and their family. Without knowing the identity of the liable driver, recovering compensation may be challenging. Additionally, without witnesses to give an account of the incident, it’s likely that the victim may be considered liable. That implies they may not get anything for the pain and suffering they are facing.

Fortunately, the Austin personal injury attorneys at Robert Littlefield Buford III, Attorney at Law, can help. We are knowledgeable and experienced in hit and run pedestrian accidents. In addition, we can assist you with police reports and talk with your insurance provider to help you get some reimbursement for your agony. The compensation can go into paying for your medical bills, lost wages, pain and suffering, and other potential losses. Don’t hesitate to reach out to us as soon as possible.