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Car Accident Archives - 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?

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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.

When to Get an Attorney for a Car Accident

When to Get an Attorney for a Car Accident

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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.


Liability in a Car Crash

How Liability Is Determined in an Accident?

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An accident is a traumatic experience for both perpetrators and victims. Whenever there is an accident, someone has to be liable for the accident.

How liability is determined in an accident is often more complicated than it seems. An Austin Personal Injury Attorney can be very helpful in proving liability and helping the victim receive compensation.

Determining Legal Liability

Most accidents occur due to negligence. The rule is that the more negligent party is liable for the accident than the less negligent one.

Legal liability is almost always determined through negligence. If the victim of the accident was somewhere where they should not have been, then they will be liable for the accident as the driver was not obligated to stop.

If the victim was hit as a result of carelessness, his/her compensation will be reduced by the degree to which their carelessness was responsible for the accident. The above is often referred to as comparative negligence.

If an accident is caused on a property as a result of poor construction or maintenance, the owner of the property is considered to be partly liable for the accident regardless of whether they created the conditions for the accident to occur.

Whereby an accident is caused as a result of a faulty product, both the manufacturer and seller of the product are liable for the accident regardless of who was responsible for the defect or how the defect occurred.

More Than One Person is Liable

When an accident is a result of the carelessness of several parties such as several vehicles colliding on the road, one of the negligent parties is responsible for fully compensating the victim of the accident. The other negligent parties will then decide whether to reimburse the paying party according to how they are directed by the law.

The ability to receive compensation from any of the relevant parties has some advantages for the victim. For example, if one of the parties is insured while the others are not, the victim can ask for compensation from the one with insurance.

If several parties are insured, you can only receive compensation from one insurance company. Therefore, it would be prudent to ask for compensation from the party that agrees to take responsibility for the accident.

How Your Negligence Affects Your Compensation Claim

In most states, even if you were partly responsible for an accident due to negligence, you are still allowed to be partially compensated by another party that was negligent and responsible for the accident.

Comparative negligence will be used to determine who was more careless. The degree of negligence will determine the fraction of compensation the responsible party will pay.

There is no precision as it pertains to comparative negligence. A rough estimate will be used during claim negotiations alongside other factors such as the extent of the victim’s injuries and subsequent medical bills.

Comparative negligence will be applied differently depending on which state the accident happens. In most states, the party with more than 50% of negligence will be responsible for compensating the victim.

Car accident settlement

How Long Does It Take to Get a Settlement Check from a Car Accident?

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After winning a personal injury case, car accident victims zealously await their compensation. However, most of them end up being disappointed after not seeing the check in the mail after a few weeks.

Even if you have a good Austin Personal Injury Attorney, it will take some time for you to receive the money. Most checks in Austin will arrive after about six weeks.

Understanding the settlement process is the best answer to the question, “how long does it take to get a settlement check from a car accident?” The knowledge will help car accident victims remain patient while awaiting compensation.

Signing Releases

Once a settlement agreement is reached with an insurance company for your case, their attorneys will compile several release documents. The nature of the release forms will depend on the nature of your case. They will be simple if our case was simple and they will be excruciatingly detailed if your case was complex.

It may take some time for the lawyers to agree to the terms of the settlement, especially for complicated cases. The victim will then review the settlement agreement and release forms and sign them.

Release of Funds

The insurance company will receive the release forms as soon as the victim signs them. They will then proceed to issue a settlement check.

The insurance company will often address the check to you and your lawyer. On the other hand, this process is not always as seamless as it should be. Certain factors may affect the speed of the process including internal errors.

If the check takes too long to arrive, however, you should ask your lawyer to find out what is going on.

Your Lawyer Settles Unpaid Bills

Once your lawyer gets the check from the insurance company, he/she will deposit it into an escrow account. It is not your attorney’s choice as they are required to do so by the State Bar of Texas.

Your attorney will typically use the money to pay several bills that were acquired during the settlement process such as unpaid medical bills and child support payments. It is important to settle such bills to avoid devastating penalties.

 You should discuss how the above bills are connected to your settlement in one of your appointments.

Legal Fees Deduction

After your lawyers have settled any unpaid fees, they will deduct the legal fees from the remaining balance as per your agreement (attorney-client contract). It will typically be a percentage of the victim’s settlement.

Legal costs and fees vary depending on factors affecting the nature of your case including hiring expert witnesses, acquiring documents for evidence and court reporting charges. Your lawyer should also give you a detailed invoice of your legal costs.

After you have an agreement, your lawyer should send the remaining funds to your account. Remember, settlements can get extra delays so if it happens, it is best to remain patient and communicate with your lawyer.

Special agreements such as partial payments can be made or compensations. Agreements, where compensation is offered in a series of payments, is called a structured settlement and happen occasionally.

Call Robert L. Buford as soon as possible if you are looking for a car accident lawyer in Austin. His reputation is only preceded by his results.

Tow truck after car accident

Where to Tow Car After an Accident?

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When you are involved in a car accident, your vehicle will get towed if it is in dire condition meaning it cannot move on its own. Knowing what happens during the towing process can make the entire process a lot easier.

An Austin Personal Injury Attorney will also be quite helpful if you are injured during the accident. However, you will have to mitigate the costs and hazards of towing by yourself.

Cost of Towing

Most people involved in a car accident will have no choice as it pertains to the towing of their vehicle. This particularly the case if your car cannot move and you are also unconscious or seriously injured.

In such a scenario, the police will tow the car to a nearby salvage yard without your consent. What is worse is that even so, you will still be liable for paying the bill when you recover.

The salvage yard will determine a daily storage fee until the day you come to pick up your vehicle. Sometimes the bill can be more than $1000.

When the person at fault for the accident is determined, they or their insurance company may be liable for paying your towing charges. If you were responsible, you pay the fees yourself and may also pay for any other vehicle that was towed as a result of the accident.

Being a member of an auto club such as the American Automobile Association more commonly known as AAA (Triple A) can help with such towing costs. Regardless, you should save all documents associated with the accident which also includes receipts of towing and storing your vehicle or else you will not be compensated by an insurance company.

Where to Tow Car After an Accident

Although the police are obligated to call a tow truck after an accident, you have the right to call one of your choice. Your insurance provider may be of significant help in this regard, especially if you have roadside assistance coverage as part of your policy.

Once the tow truck arrives, you can direct it to a location of your choosing which may save you money than if it were to be taken to a salvage yard. A mechanic with whom you have worked before is the best choice to get the damage assessed.

If you cannot pay the tow truck right away or you want it to be paid by your insurance company, ensure that you get their contact information. If your vehicle was towed while you were incapacitated, you should obtain the information from the police.

You should have your vehicle towed from the salvage yard as soon as possible due to the high daily fees. However, ensure an insurance company has assessed the damage before you do so (yours or the victim’s).

You can also have your vehicle to be towed to your home if you like. You can then have a mechanic who can come to your house to assess the damage or fix it from your property. Do not park it on your regular street parking space or risk getting towed by the authorities.

Getting your car towed is quite nerve-wracking. As stated earlier, you could use an attorney so that your rights are not violated in the process. Robert L. Buford is the best Austin personal injury attorney. Call him whenever you are involved in a car accident for the best legal advice in Texas.

Austin Car Accident Lawyer

Car Accident Where No One Gets Ticketed

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If you were involved in a car accident where no one gets ticketed, you may be confused. Statistics say that everyone gets in a car accident at some point in their life. If you had your license at 16, you are likely to have been in an accident by the time you are 34. If you are injured in an accident, it is wise to seek the help of an Austin personal injury attorney as soon as possible.

Why Didn’t Anyone Get a Ticket?

If there has been an accident, it is obvious that some traffic laws have been violated. You may be confused when no one gets a ticket. Tickets are issued when the police know what happened. If they were absent at the time of the accident, they may not issue a ticket. 

When Do You Get a Ticket after a Traffic Accident?

There are lots of reasons why you may get a ticket following a traffic accident. The police must have sufficient evidence that either one of the drivers violated traffic laws. If they were not present, they may have insufficient or incorrect information about what happened. In such instances, no one may be given a ticket. 

If, for example, you were in a head-on crash because the other driver was going the wrong way, they are obviously at fault, a traffic officer will give them a ticket. If, however, the other driver rear-ended you, the police may not be sure of where the fault lies. Either of you could be in the wrong. 

When you call police officers to the scene of an accident, they will try to establish what happened. They may rely on witness accounts, tire marks, and the severity of damage to your cars.  

The police may ask you to take a drug or alcohol blow test. If you are unwilling to take it, you get a ticket. The officers may give you a ticket for issues that are not directly related to your accident. Some of them include failure to secure a child properly while driving or having a light out.        

Proving Fault without a Ticket

Your Austin personal injury attorney can help you pursue compensation even when no tickets were issued. You just need to prove that the other party was at fault. Contact them or their insurance company. They should pay for damages to your car.    

In any case, a ticket is never enough to prove the driver was at fault. The fault falls on the person that was negligent rather than the one who broke traffic laws.    

In case you have been in a car accident where no one gets ticketed, speak with your lawyer about it. Gather as much evidence of the incident as possible. you may need it when seeking compensation. Your evidence may include photos and videos of the accident and witness testimonies.            

Do you need an Austin personal injury attorney? Seek help from Robert Littlefield Buford III, Attorney at Law. We take pride in being courtroom attorneys that deliver effective representation for all our clients. Call us today and enjoy a free and private consultation.

Austin Car Accident Attorneys

How Much Do You Get for Pain and Suffering in a Car Accident?

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If you have been in a car accident in Austin, you are eligible for compensation. The pain that you go through after a car accident can be immense. The mental distress may not be apparent to others but it exists. You may work with your Austin personal injury attorney to seek compensation for your pain and suffering. How much do you get for pain and suffering in a car accident? The answer depends on the nature of your accident. 

Seeking Compensation for Pain and suffering

If you are injured in an accident that was the other driver’s fault, you should get compensation for the pain you go through. If you sustained minor injuries, you are likely to get compensation. If you have passengers in your car, they may also get compensation. However, just because your insurance company offers you that amount does not mean it is all you deserve. How much do you get for pain and suffering in a car accident? That depends on your ability to negotiate and prove your case. 

 Work with a good Austin personal injury attorney. Since pain is non-tangible, it may be difficult to put a monetary price on it. Some of the things that may determine the amount you get as settlement include;

  1.     The amount of physical pain or discomfort that is associated with your injuries
  2.     The severity of the injuries
  3.     The amount of time it takes for your injuries to heal
  4.     The scope of treatment that is required for your injuries
  5.     The medication you need for your pain

Calculating Compensation for Pain and Suffering

Unfortunately, the law does not specify the amount you should receive as compensation for your pain and suffering. Your attorney will work with you to figure out the amount you deserve. There are two popular formulas for calculating the compensation you deserve; the per-diem method and the multiplier method. 

The per-diem method calculates the amount using the monetary amount for each day you experienced pain. With the multiplier method, the amount you deserve is based on a multiple of your lost income and medical damages. 

 Note that your insurance company won’t always be willing to give you the compensation you deserve. You must work with a good lawyer to get the compensation you deserve. The more serious your injuries appear to be, the better the potential value of your pain and suffering. If you sustained major injuries, you may get compensation worth tens of thousands of dollars. 

 Working with a good Austin personal injury attorney may make all the difference. Without the right lawyer, you may lose a lot of the money you deserve. With the right representation, your settlement can be more than $1,000,000. 

If you were injured in a car accident in Austin, Robert Littlefield Buford III, Attorney at Law is willing to help. We are a specialized practice that has experience in handling personal injury and criminal defense cases. Contact us today and tell us your story.

What to Expect in Court for Car Accident

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Car accident victims may find the legal process of seeking redress challenging. You may be wondering about how to initiate legal proceedings against the driver at fault to recover damages. Most car accident cases are usually solved outside court, but there are instances when going to court is the best option. Below, we examine what to expect in court for car accident.

What Leads to a Car Accident Case Going to Court?

Most car accident cases never go to court. When you hire a car accident lawyer, they will investigate the accident and gather evidence to solidify your claim for damages. If the driver at- fault’s insurance company and lawyer come to a fair settlement, then the case will be settled and there will be no need to go to court.

Here are some of the reasons why a car accident can go to court.

  • The insurance company fails to compensate you for damages.
  • Both parties in an accident cannot agree on who was at fault.
  • The insurance company declines to pay the full amount for the damages.

Insurance companies may decline to compensate for your damages fully. If you find yourself in such a situation, the only option left is going to court.

What Happens When the Car Accident Goes to Trial?

During a car accident case that goes to court, both parties will have an opportunity to present their evidence. You need a reputable car accident lawyer to argue your case before the court. Presentation of Evidence

You need to present evidence that convinces the judge that the driver is at fault and should compensate you for the damages. The burden of proof is incumbent upon the plaintiff. In a car accident trial, you can present evidence including accident reports, medical records, expert interviews and even witness interviews.

The at-fault driver’s attorney will be given a chance to cross-examine your evidence and table his proof on why he is not-at-fault and should not compensate for your injury.

Jury Deliberation

In some states, the car accident case may be heard by a jury and in others, a judge. Your lawyer’s duty will be to convince the jury or the judge to grant a favorable ruling. When both sides have presented their evidence, the jury then decides who is at fault for the accident and how much compensation should be awarded to the victim by the insurance company.

How Long Does a Car Accident Trial Last?

You may be wondering about how long does a car accident trial last? You need to understand that every case is different. Some may be settled within a few weeks, while others may last for over a year. It is crucial to understand the legal system to help take the correct actions that will enable your case to be settled expeditiously once the hearings commence.

You should seek legal redress to avoid being short-changed when seeking compensation after a car accident. Hiring an experienced attorney to argue your case is essential to ensure you secure a win. Contact Robert Littlefield Buford III car accident attorney to help recover your rightful damages.

When to File a Police Report After an Accident

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Road accidents cause over 1.2 million deaths worldwide. It causes even more non-fatal injuries. Police reports of road accidents are the main source of data when determining the extent and number of accidents. How long do you have to file a police report after a car accident? There is no specific answer. However, you should try to do it as soon as possible. The law only requires you to report certain types of accidents.

How Long Do You Have to File a Police Report After a Car Accident?

If you bump into your neighbor’s car at the parking lot and scratch it a little, you are under no legal obligation to report it. Your insurance company will take care of the problem. If, however, you get into an accident that causes serious injury, property damage, or death, you have to report to the police.

Reporting a Car Accident

You don’t need to report to the police if they have already visited the accident scene and documented it. You are only obligated to report the accident if the cost of the damages is over $500. You may also file your report online and print it out. Submit it to the nearest police station.

Provide the police with as much information as you can. Some of the important details to include are; a description of the vehicles that were in the accident, the date and location of the accident, your insurance details, and the contact information of the involved parties. You may also include the accounts of witnesses.

If you do not own the vehicle that was in the accident, the owner can help you file a police report. Write down all the important details of the accident. If the owner does not have all the relevant details, it may be difficult to get compensation. Work with a lawyer during the entire process. They will help you understand what to expect in court for a car accident.

Why You Should File a Police Report

Failure to file a police report is a non-criminal traffic violation. You may need to do a few hours of community service. File a police report even if you do not have to do it. The main purpose of a police report is to have a record of the accident on file. Sometimes, injury takes a few days to manifest.

Without a police report, it may be difficult to connect an injury to the accident. If your injuries manifest after the accident, get the help of a car accident attorney. They will help you seek compensation and understand what to expect in court for a car accident.

If you choose to file a claim, do it within four years. Your insurance can’t compensate you without a police report. You may have to pay thousands of dollars out of pocket. If you are looking for a personal injury and criminal defense attorney in Texas, contact the Law Office of Robert Littlefield Buford III. We deliver efficient trial representation at fair prices.

What to Do After a Fatal Car Wreck

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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.