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Robert Buford, Author at Robert Littlefield Buford III, Attorney at Law - Page 3 of 4

Oct 29
0

What to Do After a Fatal Car Wreck

Posted by | Car Accident | No Comments

Car accidents can be tragic. They may cause injuries, extensive property damage, and death. Knowing what to do after an accident is important.

While the injured person is seeking medical attention, they should have someone to care for them. Before leaving the accident scene, try to gather as much evidence of it as you can. Take photos and witness accounts. Contact the local police and ask for their report. The information will help you when seeking compensation. If the person dies, you need to initiate other procedures. You can start a claim for wrongful death if the accident was caused by the driver’s negligence. Speak to an attorney and they will help you understand what to expect in court for car accident.

What Happens When Someone Dies in a Car Accident?

When someone dies in a car accident, the death is considered a result of the crash. It does not matter what caused the accident or how much damage was done. In every death during a car accident, there is always someone that can be held liable.

A few things will be analyzed to determine if the death could have been prevented. Some of the important things that may be analyzed include; the driver’s compliance with existing laws, their driving habits, the influence of drugs or alcohol, and other factors that may have contributed to the accident.

Every case is different and each one of them requires special information. The accident may be associated with criminal charges such as; involuntary manslaughter and manslaughter.

Types of Fatal Accidents

If a passenger or the driver that is hit dies suddenly, the accident is called a sudden death car accident incident. These types of accidents happen a crash is severe. It involves large vehicles or high speeds.

If a victim does not die immediately, the accident is known as eventual death fatal accident. The injuries may not cause death but surrounding events do. The accident is still considered the cause of the accident.

What to Expect in Court for Car Accident

Litigation with a fatal car accident depends on whether it is necessary to press civil charges for compensation. A suit is necessary to initiate the possibility of recovery. The dependents of the person who died can get assistance with; medical charges, funeral costs, and loss of income.

Consult a lawyer and they will review your case. They will consider the evidence you have and details of your accident. They will advise you on whether to go to court or seek compensation out of court. A good lawyer will explain what happens when someone dies in a car accident.

If you have been involved in a fatal car accident, do not blame yourself. You should seek legal help as soon as possible. Seek help from the Law Office of Robert Littlefield Buford III. We are a specialized practice that deals with personal injury and criminal defense cases in Austin. We provide you with fair and effective representation at fair rates. Contact us today and get the representation that you need.

Oct 28
0

Who Is at Fault in a Car Accident T Bone?

Posted by | Car Accident | No Comments

Did you know that T bone accidents represent 13% of all car accidents in the United States? According to the National Transportation Highway Safety Administration, an average of 8,000 people die in T-bone collisions every year in the United States. More than half of all automobile accident deaths involve a T-bone collision. The accidents cause a vehicle to be knocked off course into a second collision. It can be difficult to determine who is at fault in a car accident T-bone.

T-bone accidents can cause property damage, death, or severe injury. If you survive a T-bone accident, you may suffer internal injuries, broken bones, brain injuries, or spine injuries.

Who is at Fault in a Car Accident T Bone

In a T-bone car accident, either one of the drivers may be at fault. The accident occurs when one driver fails to give the other one the right of way. Multiple drivers may be at fault.

Determining who is at fault in a car accident T-bone requires the analysis of eyewitness accounts, photographs, and videos. The police will examine the scene of the accident and come up with a report. The police report will include the details of your collision and it may be used to determine fault.

If you have been involved in the accident, try to take as much evidence of it as soon as possible. Take photos from multiple angles and ask for witness accounts. Work with an attorney who may help you know what to expect in court for car accident.

Proving Fault

Knowing what to expect in court for car accident may help you prepare. A successful car accident claim involves a lot more than proving that the other driver was negligent. You must be able to prove that the accident happened due to their negligence. You must also prove that a victim suffered significant bodily harm and financial loss.

You must have proof of your medical expenses, bodily injury, and loss of income. You must provide evidence such as your medical bills and your doctor’s notes to prove the specific injury you suffered in the collision. Submit your pay stub to show the amount you usually earn and how much you have lost from missing work.

Fault can depend on several factors including; the existing road conditions, vehicle defects, and traffic signals. However, the fault is almost always with the other driver. Some of the most common causes of T-bone accidents include the following;

1.  Over speeding

2.  Driving intoxicated

3.  Texting or talking on the phone while driving

4.  Failure to yield the right of way

5.  Running a red light

If your loved one was injured or killed in a T-bone car accident, you should file a lawsuit against the responsible driver. Do it as soon as you can. It may be the only way for you to hold the responsible party liable for their negligence. Contact the Law Office of Robert Littlefield Buford III today and we will help you seek compensation.

Oct 14
0

What Happens in a Hit and Run Car Accident?

Posted by | Car Accident | No Comments

A vehicle accident is a shocking experience that elicits all sorts of reactions from us. A hit and run accident may involve injury or death to another driver or pedestrian. However, they typically involve hitting another car and driving off. 20% of pedestrian deaths in the United States within the past decade were caused by hit and runs according to the AAA Foundation for Traffic Safety. With such deep ramifications, it is clear to see why you may need a good lawyer like Robert Littlefield Buford III to help you plead your case.

What Is a Hit and Run?

A hit and run is an accident involving a vehicle hitting a pedestrian, animal or an inanimate object where the driver does not stop to identify themselves or to offer help to an animal or someone who might need it. On the other hand, not all states consider hitting an animal as part of a hit and run.

In a hit and run is does not matter if you were at fault for the accident or not. The offense is leaving the scene after the accident. You may leave the scene for a while either to get help from someone in the vicinity or to find a strong signal to call for help.

Most states in the US include accidents on highways, private roads, and even parking lots as locations where a hit and run can happen. If you hit a car in a private establishment you should leave your contact information on the other car’s windshield.

Criminal Penalties for a Hit and Run

Hit and run criminal ramifications in the United States vary from state to state. However, most states consider hit and run penalties as felonies or misdemeanors.

Felony hit and run involve leaving the scene of an accident where there has been an injury to another person regardless of whether they were in a vehicle or a pedestrian. Penalties for felony hit and runs can range from heavy fines to 15 years in jail depending on the circumstances.

Administrative Penalties for a Hit and Run

Penalties to your driver’s license are assured if you commit a hit and run offense. Your state’s Department of Motor Vehicles (DMV) will be responsible for imposing the penalties.

It does not matter whether the hit and run offense is a felony or a misdemeanor, you should expect a six month period or longer revocation of your driving license if you are convicted of a hit and run. Administrative penalties will most likely be imposed in addition to criminal penalties.

Civil Penalties for a Hit and Run

What to expect in court for a car accident particularly a hit and run is crucial. If the accident was your fault you might find yourself on the wrong end of a debilitating lawsuit. The monetary compensation to be paid will be increased if you not only caused the accident but also fled the scene. You will be required to pay for medical bills, lost wages, and property damage.

Therefore, if you have recently been involved in a hit and run accident, it would be prudent for you to call at attorney. If you live in Austin, Texas call Robert Buford for the best legal assistance in the state.

Oct 14
0

What Happens If You Get in a Car Accident with Only a Permit?

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You can drive around in most states with a permit. You may have lost your license and it is currently being replaced or you may be a teenager who is yet to receive their driving license. Regardless of the situation, the question is what happens if you get into a car accident with only a permit? Legal assistance is one of your priorities. A great lawyer like Robert Buford should be of great help when it comes to pleading your case. It is important for those with permits to know what to expect in court and also what to expect from the other parties involved.

Do You Need Insurance If You Use a Learner’s Permit?

Insurance requirements for learning drivers with permits only vary from state to state. Most states do not require a driver with a learner’s permit to have insurance if he/she is a minor because more often than not the driver is accompanied by an insured driver.

Therefore, if the driver with a learner’s permit is behind the wheel when the accident occurs, the driver covered by the insurance will be responsible for any damages accruing from the accident. Insurance policies typically involve the vehicle and not the driver. Therefore if the driver had a permit and the vehicle was insured, they are typically covered.

If you are a guardian or custodian of a minor with a learner’s permit, insurance companies recommend that you notify them and that the learner is driving one of your vehicles. The child can then be added to the policy, usually at a small price.

By including the minor in the policy, you will not only be protecting you and the car but the minor too in case of any serious accidents. When you add them to the policy they now become ‘named insured’.

If the driver, with the learner’s permit, is not your child and they are not listed in your insurance policy nor do they live with you, they are still covered by the policy as long as you gave them permission to use your vehicle. The driver would then be termed a ‘permissive driver’.

It is crucial to never assume that just because you have a learner’s permit or because the person driving your vehicle has a permit that they will be covered by your insurance policy. It is more prudent to contact the insurance firm first and confirm. Your insurance policy might be restricted as it pertains to covering drivers with only a learner’s permit. You should always review your policy before giving another person permission to drive your car.

What to Do If You Are in an Accident?

If you are involved in an accident when you only have a learner’s permit, the first step should be to seek medical assistance if you feel any symptoms of injury. If you are okay, you should take photos and videos as evidence to support your claim. The next step should be to contact a lawyer.

Call Robert Littlefield Buford III, Attorney at Law today if you were in a car accident while driving with a learner’s permit. He will give you the best legal advice you will get anywhere in Texas.

Oct 14
0

How to prevent whiplash after a car accident

Posted by | Personal Injury | No Comments

Whiplash is very common during vehicle accidents. Whiplash is soft tissue damage caused by abrupt extension and retraction of the neck which happens when vehicles collide with each other or against a hard surface. Whiplash is the most reported car accident injury in the United States according to the Insurance Institute for Highway Safety (IIHS). You need an attorney if you experience whiplash in an accident. Whiplash can cause victims a lot of pain and discomfort which can last for months and be devastating.

The term whiplash has fallen out of favor because of the negative scenarios in which people have seen whiplash victims. Therefore, it is common to hear whiplash referred to as ‘cervical muscle strain’ or ‘neck strain’ from time to time.

Preventing Whiplash During Car Accidents

Luckily for you, you can take several steps before you get on the road that may help you prevent whiplash in case of an accident. The first thing you should do to prevent whiplash is adjusting your headrest as soon as you get into your vehicle. Position it so that it is directly behind your head. The rule of thumb is that the top of the headrest should be aligned to the top of your head. However, you should just adjust the headset appropriately if you are taller or shorter than the headrest’s normal level.

Another thing you should do is something your mother has been telling you forever: sit up straight. You should settle back into your chair so that your head is as close to the headrest as possible. Adjust the recline of your car seat to achieve this position. You should note that a headrest that is within a few inches of the back of your head is twice as effective in preventing whiplash.

Putting on your seatbelt is another crucial element of how to prevent whiplash after a car accident. Moreover, the seatbelt should be worn properly with the shoulder strap across the front not behind the back for it to be effective. Doing so will hold your body steady during an accident and prevent whiplash.

You may follow the tips above but still have whiplash after an accident. If so, you should know what to do.

What to Do After Sustaining Whiplash in a Car Accident

If you experience whiplash during a vehicle crash, you should seek immediate medical attention. Even with minimal pain or discomfort, getting checked out by a physician is crucial. Whiplash symptoms may be dormant for a few days or weeks after the accident.

You should also notify your insurance if you sustain whiplash after an accident. Your insurance coverage should extend to personal injuries extending from car accidents. You have to comprehend the nature and extent of your injuries and all other damages arising from the accident to make a worthwhile claim with the insurance company.

If your insurance company delays paying out your claim, you may have to file a lawsuit. It is important to know what to expect in court for a car accident. You will receive compensation for your troubles if you have a worthwhile claim.

Many whiplash claims are fake. However, if you have a legitimate claim, do not be afraid to call Robert Littlefield Buford III, Attorney at Law as soon as possible and you will receive the best legal help and adequate compensation for your injuries.

Aug 29
0

What to Expect in Court for a Car Accident

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Very few car accident cases end up in court. Instead, over 90% of personal injury disputes will settle. However, going to court is sometimes a possibility if the person who struck you refuses to settle for a fair amount, or if he denies that he is responsible for the crash.

In this article, we’ll give you the highlights of what to expect in a car accident lawsuit. If you need legal representation, contact an Austin pedestrian accident attorney today.

Pre-Trial Hearings

Unless you are in small claims court, you can expect many hearings before your trial. These hearings serve different purposes. You might have a dispute around what documents each side needs to hand over to the other. A judge needs to hear argument and then decide.

There might also be a summary judgment hearing. A judge can grant summary judgment when the facts are in the favor of one side and there is no chance the other side could win. If you win on summary judgment, you don’t need to go to trial. Summary judgment is rare in car accident cases, but your attorney might need to defend against the other side’s summary judgment motion or submit one of her own.

Trials

In a trial, both you and the defendant get to present evidence and witnesses. As the person bringing the lawsuit, you will present evidence first.

The evidence your attorney uses will depend on the circumstances. For example, witnesses can testify about what happened, and you can introduce photographs. Whoever took a photograph will need to testify about when they took it. After your lawyer presents evidence, the defendant gets a chance to put on a case, which can include presenting witnesses and other evidence.

Testifying in Court

If your case gets to trial, then you might have to testify. You will talk about many of the same things you discussed in your deposition, such as:

  • How the accident unfolded
  • What you did in the moments before the accident and after
  • The extent of your injuries

The defendant’s lawyer can also cross-examine you, which could be stressful. Lawyers handle cross-examination differently. Some are very aggressive and will try to trip you up while others might ask only a few questions. Everything depends on the lawyer’s theory of the case.

If you are nervous, your lawyer can help you prepare for your testimony in the same way you were prepared for your deposition. Remember to always listen to the question being asked and don’t volunteer any information. If you need a break, ask the judge, especially if you are getting emotional.

Verdict

You might decide to have a bench trial, which means the judge will decide who wins, but you most likely will have a jury trial. After the lawyers make final arguments, the jury withdraws to deliberate. If you win the case, you get a “judgment,” which is a piece of paper. Ultimately, it is up to you to get the defendant or his insurer to pay you.

Contact a Trusted Car Accident Lawyer

Car accident trials are stress. Fortunately, if you hire the right lawyer, you will be in safe hands. Speak to Robert Littlefield Buford III, Attorney at Law, to discuss your case. Our firm offers a free consultation.

Aug 29
0

Hit and Run Pedestrian Accident

Posted by | Pedestrian Accident | No Comments

It is against the law in Texas to leave the scene of an accident. Nevertheless, people do this almost every day, leaving behind badly injured victims.

Pedestrians are uniquely vulnerable in a hit and run accident. They can suffer much more serious injuries than those riding in cars and require longer recovery times. If you have been struck in a hit and run, reach out to an Austin pedestrian accident attorney today. We will be happy to discuss your options.

Texas Laws on Hit and Run Accidents

Texas Transportation Code §550.021 is the section that deals with accidents that cause bodily injury or death. According to the law, the driver of a motor vehicle involved in an accident must:

  • Immediately stop or immediately return to the scene of the accident
  • Remain at the scene and provide important information, such as their registration number, name, insurance, and driver’s license if requested
  • Provide reasonable assistance to the injured, including taking someone to the hospital or calling for an ambulance

Unfortunately, many motorists do not follow these requirements but instead leave injured pedestrians to fight for themselves. It is against the law, but unless the driver gets caught, they will not suffer any punishment.

Next Steps After an Accident

After the accident, you should try to contact the police as soon as possible. Share any information you have about the driver who struck you:

  • Color and make/model of the vehicle
  • Any distinguishing marks about the vehicle, such as a bumper sticker
  • What direction the vehicle was traveling in
  • Any description of the driver, if you saw anything
  • As much of the license plate as you saw

Witnesses might also have important information that they can share with the police. If the accident happened near a business, then surveillance video could have captured the vehicle, also. An attorney can help canvass the area and find as much useful information as possible.

Of course, getting medical help is the most vital step, so ask someone to contact an ambulance if you can’t get to the hospital on your own. Receiving prompt treatment is important for your recovery.

Compensation for a Hit and Run Crash

Generally, a person who has been struck can bring a lawsuit against the negligent driver. However, there is a hurdle in a hit-and-run crash—you often can’t identify the driver. This means there is no one you can sue. If the police find him or her, then you can sue or bring a claim against the driver’s insurer. Unfortunately, many drivers flee the scene because they do not have insurance.

Unfortunately, you might never find out the driver’s identity. If you have health insurance, then you can use that to help defray the costs of medical care. You might also have short-term disability insurance through your work, which can help cover lost wages.

If you purchased personal injury protection benefits or uninsured motorist coverage, then they could provide compensation even though you were a pedestrian. Check your policy.

Meet with an attorney to review your options. Robert Littlefield Buford III, Attorney at Law, has represented many pedestrians injured in car crashes. Give our firm a call. We offer a free consultation.

Aug 14
0

How To Find Witness For A Car Accident

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On average, a person is hurt in a car accident around every two minutes and five seconds in Texas, according to the Department of Transportation’s Motor Vehicle Crash Statistics for recent years. The implications of these injuries are extensive and affect many areas of your life, so it’s good to know that those accident victims have legal options. However, success depends on your ability to prove that the other driver was at fault – which can be challenging.

Often, you can bolster your case by providing information about those who may have observed the crash. Your Austin auto accident attorney can provide guidance and support, but it may help to review some answers to questions about how to find witnesses for a car accident. 

Can other vehicle occupants serve as witnesses?

People who were in the car with you may be helpful, but their credibility may be in question when an insurance company reviews the information. A claims adjuster knows that you’re likely to be in the car with friends, family, or acquaintances. These people could be viewed as biased, while neutral witnesses may be more favorable.

How do I find a neutral witness?

Anyone who may have seen, heard, felt, or otherwise perceived the accident could be a potential witness to support your claim. If you can access anyone in cars that were not involved in the crash, you should attempt to address them. Pedestrians, bicyclists, and any passersby are also potential witnesses.

What should I do if I find a witness to my car accident?

Get name and contact information from anyone who’s willing to talk with you. Avoid making any statements about the crash, especially as they relate to a fault. Anyone who can act as a witness for you may also be asked about the incident. That person may reveal information that doesn’t support your interests.

Can I use other evidence to support my claim?

Even if your efforts in getting a witness aren’t fruitful, there are other sources of evidence that you can use when filing a claim.

  • Use your cell phone to capture pictures of the scene of the accident, property damage, your injuries, and other physical conditions;
  • Scan the area around the crash, as there may be businesses in the region that have installed security cameras; and,
  • Jot down your recollections of how the collision happened, being as detailed as possible. This information may be critical for your claim, and your compensation could depend upon your ability to refresh your memory in the future.

Set up a Free Consultation with an Austin Auto Accident Attorney

This information on how to find a witness for a car accident may be useful, but this is just one of many aspects of such a case. There are countless additional factors, all of which can affect your right to compensation. If you were hurt and want to know more about your rights, please contact Robert Littlefield Buford III, Attorney at Law in Austin, TX.

Jul 04
0

How Much Should You Ask For Pain And Suffering In A Pedestrian Accident

Posted by | Pedestrian Accident | No Comments

How much should you ask for pain and suffering in a pedestrian accident?

The number of pedestrians killed by cars is at an all-time high. According to the National Highway Traffic Safety Administration, 4,375 pedestrians died in 2013, with 66,000 pedestrians injured in traffic accidents. In the case of an accident involving an individual and a vehicle, injuries are inevitable. Pedestrians are vulnerable, which means they often experience traumatizing injuries. This means that a victim undergoes a lot of pain and has to foot many medical bills in the process. Here’s what you should do if you’re involved in a pedestrian crossing accident in Austin:

Immediately after the accident

If you are a victim of a pedestrian crossing accident, you are required to first:

  • Call the police
  • Take photographs of the scene – may include the injuries and the car that hit you
  • Get witness names if possible
  • Call your insurance company
  • Find a lawyer if you do not have one.

If you are in pain, you should seek medical attention right away. Shock or excitement can coat symptoms of severe injuries like internal bleeding or brain trauma. Delaying medical treatment can undermine your claim. Insurance companies often jump at the chance to deny victims compensation and may attempt to argue that your injuries are from somewhere else.

Who is liable in a pedestrian accident?

Pedestrian crossing injuries in Austin are usually severe and can be expensive to deal with financially. As a pedestrian, you deserve fair compensation from the driver for your medical bills and pain and suffering. However, before the driver’s insurance company pays, you have to prove that the driver was at fault and caused your injuries. Therefore, it’s imperative that you find an experienced personal injury attorney to advocate for you in your time of need.

Determining Compensation

When determining how much compensation you’re going to receive, the severity of the accident plays a considerable role. Some of the other factors taken into consideration include:

  • The severity of the injuries
  • The impact the accident has had and will have on your quality of life
  • Your health status before the accident
  • Your age
  • Any expenses or losses incurred

These factors show why compensation amounts can differ drastically. In the end, it’s all about ensuring that you get a good payout for the hardship you have gone through.

What damages can I claim for in a Pedestrian Crossing Accident?

There are two different sections considered when calculating the number of damages awarded, and these are:

Special damages ⁠- which cover any financial aspect of that the claim may warrant. Special damages ensure that the victim is compensated for any expenses incurred because of the accident, such as:

  • Travel expenses
  • Prescription costs
  • Medical care rehabilitation
  • Loss of earning
  • Home adaptation

General damages ⁠- These include the injury and its severity. General damages also cover the amount of pain and suffering. However, a medical examiner’s report will help you calculate the final compensation amount.

Make your claim today

Determining liability often comes down to arguments over the right of way, lines of sight and the dynamics of the collision. As a victim, you are required to have appropriate representation to ensure that you are paid the full amount that the offending party owes you.

If you or a loved one is involved in a pedestrian accident, the attorneys at Robert Littlefield Bufford III, Attorney at Law are always glad to help. Our years of experience as Austin Pedestrian Accident Lawyers can help with your situation. Call us today for a free and confidential consultation. We promise to get you the compensation you deserve.

May 08
0

What Insurance Covers Bike or Pedestrian Accident?

Posted by | Pedestrian Accident | No Comments

Not all of us drive cars to get around Austin. Many people also walk or use a bicycle for transportation. When an accident happens, these pedestrians or cyclists are looking for compensation for their sudden expenses, such as medical bills and lost wages.

Things are clear cut when two vehicles collide—the driver who is at fault will pay compensation to the injured victims. But things are cloudier when it comes to bicycle or pedestrian accidents because there might not be any applicable insurance policies to tap. As an experienced Austin pedestrian accident attorney, let me walk you through some scenarios.

You are Hit by a Vehicle while Walking or Cycling

If you are a pedestrian or cyclist who gets hit by a vehicle, then you can make a claim with the driver’s insurance company. The driver is probably at fault for the collision, so his or her insurer should pay out compensation to cover your medical bills, lost wages, and pain and suffering.

But what happens if the driver flees the scene? This is not unusual in Texas (unfortunately). In a hit and run situation, you will probably need to fall back on:

  • Your own health insurance, which might pay for medical treatment. However, some policies explicitly exclude payment for injuries sustained in a car accident.
  • Medical payments coverage, if you have it, which can pay for medical treatment.
  • Personal Injury Protection (PIP) insurance. PIP is no-fault insurance which your insurer must offer, but you might have rejected it in writing.
  • Uninsured motorist coverage (UM), if you carry it. Check your policy. Sometimes, UM insurance will cover a hit and run.

 

If your bicycle was damaged, you should check to see if your renter’s or homeowner’s insurance will cover the costs of repairs or replacement. This depends on the policy language, and not all people will be covered.

You were Hit by a Bicycle

A bicyclist might have slammed into you, causing damage. If the cyclist is at fault, then he or she should pay compensation. Unfortunately, however, I’ve never seen someone with bicycle insurance, though it probably exists. So what do you do?

If you were driving at the time, you could use your collision coverage to pay for repairs to the car. If you suffered a bodily injury, look at your other insurance policies, like PIP or medical payments.

If you were a pedestrian injured by a cyclist, then you probably have no insurance available to you for this type of accident apart from your health insurance, which might pay for medical care.

A Pedestrian Caused an Accident

Sometimes, pedestrians are to blame for collisions. For example, a pedestrian could jaywalk in front of traffic, causing people to swerve out of the way and crash into each other. A pedestrian could also step in front of a cyclist on a bike path, causing a crash. In these situations, a pedestrian can be partially or even fully at fault for injuries.

I’ve also never seen someone carry pedestrian insurance, so it should not be a surprise that those injured by a pedestrian’s carelessness could have a hard time receiving compensation. However, motorists should look at PIP or other insurance policies for possible coverage.

Speak to an Austin Pedestrian Accident Attorney

Accidents cause serious financial distress, but help is available. Robert Littlefield Buford III, attorney at law, has been representing injured pedestrians and bicyclists for years. If you have a question about how to pay for the costs of an accident, please give our office a call.