self-driving

McKinney Accident Lawyer Describes How Self-Driving Cars Could Reshape the Personal Injury Law

Questions were raised over technology as self-driving car accident occurred this year too.  When driverless car is involved in an accident then who is liable for the incident?

Self-driving Cars and the Future of Personal Injury Law

The self-driving cars under development by companies like Tesla and Volvo have the potential to change the way we drive. Self-driving cars could also reshape the future of personal injury law, as well.

There is no doubt the potential for fewer injury accidents is a positive thing. However, the reduction in motor vehicle accidents could dramatically reduce the number of personal injury lawsuits.

How Injury Claims for Self-Driving Vehicles Will Work

If the rapid growth of self-driving cars does ultimately result in a reduced number of motor vehicle accidents, the chances are good that the rate of severe injuries will also fall. Of course, this reduction will only happen rapidly at a time when self-driving cars make up the majority of motor vehicles on the road.

It is also worth noting that no amount of technological advancements can make driving risk-free. Even if automated cars can avoid the errors caused by human drivers, software errors are still a possibility. Remember: human error could still cause a crash with an automated vehicle. This error would stem from the individuals responsible for programming the vehicle as opposed to the driver.

The lack of a driver could also complicate the process of identifying the at-fault party for a motor vehicle crash.

Knowing Your Rights in a Self-driving Car Accident Claim

In a typical motor vehicle accident, you have the right to pursue a lawsuit against the negligent driver that causes the crash. While you would typically file a lawsuit against the other driver, their liability insurance would normally pay for your claim.

These issues are complicated when an automated motor vehicle is involved. After all, it is unclear who should face responsibility for a motor crash when there is no driver to blame. It is natural to assume that the manufacturer of the automated vehicle should face liability for your accident. However, these companies have vast resources and armies of lawyers. They are unlikely to accept liability in these cases without a fight.

Issues Concerning Venue

There could also be issues involving the appropriate venue for a personal injury lawsuit. The venue is the specific court you are required to file your lawsuit in. Typically, a person injured in a motor vehicle accident will file their suit in the jurisdiction where the crash happened or where the defendant lives. In many cases, a defendant could live in the same county where the accident occurred.

Issues of venue could become more complicated when the defendant is an out-of-state corporate entity. In fact, if the damages are costly enough, a company could seek to have the case moved to federal court. This could make recovering compensation more challenging and drag the process out even longer.

How Safe are Self-driving Cars?

There are a number of accidents involving self-driving cars that have made the headlines nationally. That said, the reality is that these vehicles are fairly safe. While research from the National Highway Transportation Safety Administration (NHTSA) makes it clear that driving-assisting technology reduces accidents, fully automated vehicles could have an even greater impact.

The research on fully automated vehicles is limited. However, the NHTSA research shows that the vast majority of car crashes occurred due to driver error. Automation could avoid many of these errors and the accidents that come with them.

How Self-driving Cars Work

Self-driving cars have been a dream of vehicle manufacturers for decades. However, recent technological advances could make that dream a reality for the masses sooner than most people realize.

Self-driving cars are possible thanks to a series of advanced computer systems designed to operate a vehicle. These computers handle a variety of tasks that, when put together, drive a vehicle without the need for human input. These three computer systems include:

  • GPS System. The first computer system relies on a global positioning satellite to determine exactly where on earth the vehicle is. This computer system gives the vehicle a route from its current location to a final destination.
  • Operating System. Another computer will oversee the controls needed to actually operate and steer the vehicle. This includes the ignition, the steering wheel, and the braking system.
  • The third computer system allows the first two to work together smoothly. By interfacing between these two systems, a computer could collect important data from the GPS system and use it to guide how the operating system maneuvers the vehicle.

Original Source of Article>> Self-driving cars and the future of personal injury law

rockwall car accident lawyer

Rockwall Accident Lawyer Explains Why there is an Increased Risk for Car Accidents in Summer

Personal injury lawyer in Rockwall, TX explains the common causes that trigger increased risk for Car accidents in summer and how to prevent them.

Common Causes of Summer Car Accidents

Driving during the summer can be just as dangerous as driving during the winter, although the causes of accidents are a bit different. However, all of these common causes are dangerous, and it’s important that you know them so that you can drive more carefully.

Construction Zone Accidents

Summer often brings about a lot of construction, and with so much happening alongside roads, it can lead to an uptick in construction zone-related accidents. During construction, lane closures, concrete barriers, and narrower roads can quickly create dangerous situations if drivers aren’t prepared to react.

When approaching a construction zone this summer, always be sure to slow down to the posted speed limits and be aware of your surroundings. When possible, give construction workers a wider berth and watch for surrounding cars that may not be driving as carefully as you. By doing this, you can help avoid an accident and any personal injury cases.

Distracted Driving

With the good weather that summer brings, many people head out on the road for road trips to vacation destinations or to visit family. This gives drivers a lot of time to face potential distractions, especially when it comes to either texting while driving or eating while driving. If you need to have your phone on, it’s always best to have your passenger answer calls or respond to texts for you, if they must be answered, though preferably you should leave them until you stop your car.

All it takes is a split second of distraction to cause you to lose control of your car, endangering you, your passengers, and everyone else on the road.

Tire Blow Outs

If you haven’t kept up with your car maintenance over the winter, you can end up with the increased risk of a tire blowout come summer. Old tires, especially ones that are underinflated, can be vulnerable to the stress put on them in the summer heat. Coupled with the heat of roads, some of which can reach up to 140 degrees, and the heat from friction caused during driving, the rubber on your tires can give out.

If your tires are over six years old, get them replaced. If they aren’t this old but have worn-out treads, you should also have them replaced before heading out on the roads.

Driving Safe This Summer

These three examples are the most common causes of accidents that happen on the roads during the summer. By recognizing them and taking the proper steps, you can help keep yourself and other drivers safe all summer long.

Original Source of Image & Article >> Common Causes of Summer Car Accidents

truck-2

Arlington Accident Lawyer Reports the Risk of Overworked Truckers and How to Prove the Truck Driver Was at Fault

Truck accidents could be fatal and are extremely dangerous. Law office of David Kohm explains on how Overworked trucker drivers could cause accidents.

To Avoid any Falling Behind…

At the point when a transporter needs to make a stop to rest or rest, they can fall behind on their conveyances and lose valuable time out and about, which can cost them and their boss’ cash. At the point when espresso and caffeinated drinks aren’t sufficient to keep them conscious, a few drivers in the shipping business have gone to the perilous act of taking illicit energizers. These medications are regularly taken without an appropriate solution and can present genuine dangers for truck mishaps.

How to Deal With Troublesome

On the off chance that you or a friend or family member have been associated with a mishap with a major truck and you presume the transporter was utilizing drugs at the hour of the mishap, having an accomplished truck mishap lawyer on your side is fundamental. Your lawyer handles cases like yours consistently and knows precisely how to deal with troublesome and forceful corporate insurance agencies that are hoping to conceal the illicit activities of their representatives, to lessen your remuneration.

For what reason are Stimulants so Dangerous for Truck Drivers to Use?

While transporters may accept they are being protected by utilizing energizers to keep away from exhausted driving, numerous examinations demonstrate a connection between’s energizer use and destructive truck crashes. One of the fundamental explanations behind this is that, similar to some other kind of medication, energizers can disable a driver’s capacities including reflexes, judgment, center, and then some.

Besides, while drivers feel more conscious, this is frequently a misguided feeling of sharpness. Since energizers can make the faculties awaken and feel more vivacious doesn’t mean they subs for rest or rest.

A restless transporter is still sleepless, regardless of whether they take energizers. This can be significantly more hazardous than being simply sluggish, as drivers may not know exactly how exhausted they are the point at which they cover their weariness with drugs.

Truck Regulations, When Followed, Keep the Roads Safe

When appropriately followed, guidelines about when and for how long drivers can drive keep everybody on the streets more secure.

Drivers can just drive for indicated timeframes before they should rest. This guideline keeps drivers from workaholic behaviour and bosses from abusing their representatives by necessitating that drivers get off the street after such countless hours. Also, there is elevated wellbeing laws set up that drivers need to follow. Among these are rules about path changes, rates, and interruptions.

While transporters are needed to observe explicit laws, they don’t generally carry on reasonably. Those circumstances where a transporter is careless and causes a mishap make risk for themselves and their shipping organization. In those cases, both the driver and the organization might be responsible for wounds and harms.

What Causes Truck Driver Fatigue?

In any event, when transporters follow government long stretches of administration guidelines, they actually work extremely extended periods. The principles unmistakably express that drivers can drive for as long as 11 hours all at once. The majority of us would decide to part that drive in the event that we had the alternative. Transporters don’t have that extravagance.

The laws intended to protect drivers and different drivers don’t generally work. Drivers who follow long stretches of administration guidelines can in any case work uncommonly long moves.

Pressing factor from managers – Unfortunately, the business transporters that are accountable for transporters generally push their drivers to work past what is legitimately admissible. There are unpretentious ways that they urge drivers to drive more than they ought to, as well—fines are normal when a driver is late for a conveyance.

Most drivers are likewise paid by the mile. That implies that the more they drive, the more cash they acquire. There’s motivator to work for extended periods and drive long moves with this sort of instalment structure.

Boss carelessness – Some businesses pressure their drivers. Others may disregard to enlighten drivers regarding their allowed rest periods and hours guidelines. A few transporters even straightforwardly train their representatives to disregard long periods of administration guidelines. These cases of business carelessness put everybody out and about in danger.

Liquor and medication use – The pitiful truth is that liquor and medication use are widespread among transporters. Numerous drivers use medications to remain alert for long moves. Some others decide on liquor (or various medications) to fill in as depressants and facilitate their pressure. These clearly change a driver’s capacity to explore securely; and relying upon the liquor or medication being referred to, they can undoubtedly prompt exhausted driving.

How Might My Lawyer Prove Truck Driver Fatigue in My Case?

Your truck mishap lawyer will find a few ways to demonstrate transporter weakness for your situation. Here are a portion of the pieces of your case that may assist with demonstrating transporter weakness.

Police reports – Police officials have the preparation to assist them with perceiving when somebody is exhausted in the driver’s seat. In the event that specialists notice that a transporter is exhausted at the location of a mishap, they’ll by and large note their perceptions in the mishap report. Once in a while police even gather an assertion from a driver saying that they were drained.

Season of day – The hour of day that your mishap happened could immensely affect your case. On the off chance that the accident happened between the long stretches of 12 PM and 5 a.m., the transporter was presumably exhausted. Drivers out and about as of now are probably going to be passing during that time and disregarding long periods of administration guidelines.

Absence of mishap evasion – If a transporter didn’t endeavour to keep away from your mishap, it may assist with demonstrating driver weariness. Crash examination, witness explanations, and more would all be able to assist with illustrating what occurred. Drivers who don’t attempt to stop or stay away from a mishap are considerably more liable to be exhausted than the individuals who put forth an attempt to stay away from an accident.

Charged hours and logbooks – Assuming a driver hasn’t distorted their hours, investigating their compensation and logbooks can give a ton of understanding into whether they drove exhausted. Legitimate weakness is simpler to demonstrate when charged and logged hours surpass FMCSA guidelines. A few cases include investigating trucks’ GPS history for this equivalent explanation.

An accomplished truck mishap lawyer will frequently have the assets to completely explore your truck mishap. Utilizing private examiners and other examination strategies, a lawyer can ensure that significant observers are distinguished and met. Besides, if a claim is vital a lawyer can frequently get travel logs and business records from the shipping organization to assist with demonstrating that the business or potentially the transporter was particularly careless in the activity of the huge truck.

Original Source of Article>> Overworked Truckers Are Dangerous and Often Use Drugs to Stay Awake. An Experienced Truck Accident Attorney Explains How to Prove the Truck Driver Was at Fault.

Water Park Incident - DAL

Texas Chemical Incident News: Around 65 Fall Sick Including 3-year-old Girl at Houston Area Water Park

More than 60 people including a child and a pregnant woman fell sick in a chemical incident at Houston area water park, Texas. A fire department’s ladder truck was used to decontaminate many of those affected.

 

Around 65 people were sickened Saturday afternoon at a Houston-area water park in what local officials called a chemical incident.

“In the area around the kiddie pool in this water park, a lifeguard was sick, and soon after that, more and more people began becoming sick,” Harris County Judge Lina Hildalgo said in a news conference outside Six Flags Hurricane Harbour Splashdown in Spring, Texas.

“What began as a fun family day has turned into very much a nightmare for many families,” she said.

Public health officials are ordering the park to remain closed until they determine exactly what happened.

“The chemical combination was about 30-35% sulphuric acid and 10-13% bleach, and that’s all we have at this time,” said Spring Fire Department Chief Scott Seifert.

Hidalgo said all equipment readings during the incident and samples taken immediately afterward showed conditions within normal legal limits, but added that actually makes her more concerned. “Their current procedures very clearly cannot adequately ensure health and safety,” she said.

Most patients had what Seifert described as “respiratory distress.”

A 3-year-old girl was the “most serious case” and was taken to Texas Children’s Hospital but is now stable, according to Hidalgo. Another victim was a pregnant woman who was believed to be in labor as she was transported from the park, said Hidalgo.

By Sunday morning, 28 patients at the Memorial Hermann Hospital group in Houston had been treated and discharged “in good condition,” hospital spokesman George Kovacik said.

Memorial Hermann-Texas Medical Centre treated 21 of those patients, he said, while Memorial Hermann the Woodlands Medical Centre treated seven.

Ladder truck used to decontaminate those affected

Anyone who was at the park and begins to feel ill should seek medical attention, Hidalgo said.

“If you feel sick, call 911. If you find yourself in the emergency room, please, as soon as you walk in, let them know that you were here. Do not sit in the waiting room with other folks because we don’t know yet exactly what chemical, what caused these illnesses. And so we don’t want to expose other folks to that,” she said.

Chief Seifert said 26 people were taken to area hospitals and 39 refused transport. He said they were decontaminated before leaving the park.

“What we do is we set up our ladder truck that has a nozzle on the end, we point it straight down about 15 feet above where the people will walk through, and they walk through there and they basically massage their eyes and things like that to get any chemicals out of their eyes if they’re affected. And then, after a period of time, they’ll walk through it and walk out,” Seifert told reporters.

The park was last inspected June 29, according to Harris County Fire Marshal Laurie Christensen, with nothing problematic found at the time.

“The safety of our guests and team member is always our highest priority and the park was immediately cleared as we try to determine a cause,” park spokesperson Rosie Shepard said in a statement to CNN affiliate KPRC Saturday evening.

 

Original Source of Article>>60 people sickened, including toddler and pregnant woman, in ‘chemical incident’ at Texas Water Park

negligence claim fort worth

Fort Worth Personal Injury Lawyer Explains How to Determine Whether the Person Was Negligent

Is every personal injury is caused because of someone else negligence? It is important to determine whether the injury caused due to negligence or not.

What is Considered a “Reasonable Person” When it Comes to Negligence?

Most personal injury cases are based on negligence claims. A “reasonable person” is a hypothetical standard used to judge whether a person was negligent in such a case. Courts and juries will compare a defendant’s conduct to what a “reasonable person” might have done in the same or similar situation to determine whether the person was negligent.

WHO DECIDES WHAT A REASONABLE PERSON WOULD HAVE DONE IN A SITUATION?

There is not a standard definition for what a reasonable person would do in every situation. Reasonableness is an objective standard.

Jurors in a personal injury trial decide what a reasonable person would have done. They must consider the facts of the case, the circumstances surrounding the injury, and other relevant information to decide what a reasonable person would have done in the situation.

However, most people view reasonableness as using common sense and caution. What constitutes common sense and reasonable caution varies depending on the situation.

The jurors compare the defendant’s conduct (the person being sued) to what they consider “reasonable” conduct. If the defendant’s conduct falls short of the reasonable person standard, the jurors may find that the defendant was negligent.

A REASONABLE PERSON IS NOT A PERFECT PERSON

It is important to understand that the reasonable person standard is not “perfection.” People make mistakes and errors. In some situations, it could be reasonable to make certain errors, given the circumstances.

If a defendant’s mistake or error was reasonable under the circumstances, the person might not be negligent. Likewise, if the person could not have foreseen the outcome of a situation, they may not be negligent.

EXAMPLES OF THE REASONABLE PERSON STANDARD

Let’s take a DUI accident case. Jurors may find that a reasonable person would understand driving under the influence of alcohol is illegal and dangerous.

It is foreseeable that driving drunk could result in a car accident and injuries. Therefore, the jury may find that the drunk driver was negligent and is liable for the accident victim’s damages.

Another example might be a grocery store owner failing to repair a leaky sink in the bathroom. A reasonable person would understand that water on the floor could create slip and fall hazards. The prudent action would be to warn people of the danger and repair the leak.

If the owner fails to take reasonable steps to prevent an accident, the jury might find that the owner is liable for damages if a customer slips and falls. The jury might award the victim compensation for their non-economic and economic damages.

CHILDREN MAY BE EXEMPT FROM THE REASONABLE PERSON STANDARD

Children may not be held liable for their actions because they lack the maturity to understand specific risks and consequences.

For that reason, the court may use a modified reasonable person standard to judge a child’s actions. For example, the court could instruct the jury to consider what a child of similar age and maturity would have done in a similar situation instead of what an adult might have done in the situation.

PROVING NEGLIGENCE USING THE REASONABLE PERSON STANDARD

Proving negligence means establishing four elements: duty, breach, causation, and damages. First, you must establish that the defendant owed you a duty of care. For example, a driver owes others a duty to drive safely and obey traffic laws.

You must also prove that the defendant breached the duty of care. The reasonable person standard is used to determine whether the person breached the duty of care.

The juror analyzes the defendant’s actions and compares those to what a reasonable person would have done. If the defendant’s actions fall short of the reasonable person standard, the defendant breached the duty of care.

However, the reasonable person standard is only one element of a negligence claim. After the jury finds that the defendant breached the duty of care, it must also find that the breach caused the accident that resulted in the victim’s injury.

Take a drunk driver, for instance. The jury could find that driving under the influence breaches the duty of care owed to other drivers and individuals using the roadway.

However, did the drunk driver cause the accident? Being drunk is not the same thing as causing an accident. Therefore, if the drunk driver did not cause the accident, they cannot be held liable for damages.

Therefore, it is essential to remember that an accident victim must prove all four elements of a negligence claim to recover compensation for damages.

Original Source of Article>> What is Considered a “Reasonable Person” When it Comes to Negligence?

car accident

Lamb County, TX Accident News: 2 Dead including 2-year-old in a Three Vehicle Crash

Multi vehicle accident that left 2 people dead in Lamb County. A man and his 2-year-old daughter dead and wife is at a Lubbock hospital with severe injuries.

A man and his 2-year-old daughter are dead after a crash in Lamb County involving a semi-tractor and trailer, an ambulance and a four-door passenger vehicle.

According to the Littlefield Police Department

They were identified Wednesday morning as 45-year-old Mario Amilcar Ortiz-Diaz of San Gabriel, California and 2-year-old Scarlett Saponaro, of Henderson, Nevada. The father died at the scene, his daughter died at a Lubbock hospital and his wife is at a Lubbock hospital with life-threatening injuries.

It’s a Three Vehicle Crash

Littlefield police responded to the intersection of Westbound U.S. Highway 84 and Loop 430 at 4:52 p.m. Tuesday to a three-vehicle crash involving the ambulance, a semi-tractor and trailer and a four-door passenger vehicle.

As per Witness

Witnesses at the scene told police the passenger vehicle, a Honda Accord, ran a stop sign as it crossed the intersection from Highway 84 when it was struck by the semi that was traveling westbound. The driver of the semi tried to miss the Accord and hit a Bailey County EMS vehicle as the ambulance attempted to pass the semi in the left lane. The vehicles came to rest in the median.

After the Crash…

The driver of the Honda was pronounced dead at the scene and his was transported via Aerocare to Covenant Women’s and Children’s Hospital in Lubbock where she later died. Karla Theresa Garcia Aguilar, 21, from Henderson, Nevada, who was riding in the front passenger seat, was transported to University Medical Center by Littlefield EMS with life-threatening injuries. She was in critical condition at UMC on Wednesday.

The driver of the semi, 62-year-old Marvin Grothe, of San Angelo, refused medical treatment at the scene.

The Bailey County EMS crew was transported to Lamb Healthcare Center by Sudan EMS. They were released as of Wednesday with minor injuries. They have not been identified.

Other agencies assisting included Amherst EMS, Littlefield Fire and Rescue, Texas Department of Public Safety.

The investigation is still ongoing.

Original Source of the Article>> Man, child die in crash involving Bailey County EMS unit

car accident

Bolton Road, Texas Accident News: 1 Dead, 2 Injured in an ATV crash in Hood County

1 dead and 2 injured after ATV crash on Bolton Road, Hood County in Texas. All three were transported to Fort Worth hospitals, where Payton Herman died from his injuries.

An 18-year-old recent Godley High School graduate was killed in an ATV crash on Saturday, the Texas Department of Public Safety says. Payton Herman, 18, was a passenger in an all-terrain vehicle that went into a barrow ditch, where it overturned and hit a fence early Saturday morning, authorities said. The crash happened at around 1:19 a.m. on Bolton Road in Hood County, Texas DPS said.

Herman’s sister, 21-year-old Caitlin Herman, and the 21-year-old driver of the vehicle, Kayleb Erwin, suffered undisclosed injuries in the accident, authorities said.

Godley ISD released a statement Monday mourning the loss of Payton.

“We are heartbroken to hear of the passing of one of our 2021 Godley High School graduates, Payton Herman,” the statement said.

“We are so thankful for the opportunity to have had Payton as part of our Wildcat family. While we know the entire Godley community is grieving this tragic loss, please keep the Herman family especially close in your thoughts and prayers during this time.”

Original Source of the Article>> Godley 18-Year-Old Dies, Sister and Driver Injured, in ATV Crash: Texas DPS

denton lawyer personal injury tips

Denton, TX Accident Lawyer Releases Important Tips for Severely Injured Victims

Have you or your loved one have been injured? Find the important tips of highly experienced Denton personal injury lawyer. There are some important things to know about protecting your rights.

If you or a family member have been injured and it was not your fault, there are some important things to know about protecting your rights. There may be reasons to pursue a legal course of action to have the other party or their insurance pay your medical bills, lost wages, physical impairment and other damages as a result of your injuries.

Springer & Lyle LLP has developed a series of tips that should help preserve evidence and avoid actions that could be damaging to your case.

  • Always cooperate with law enforcement if the incident was investigated. Just make sure you don’t admit fault if you didn’t do anything wrong. Whatever is told to investigating officers can end up in the police report. And, if the incident was not investigated, take a picture of the driver’s license and insurance information of the other driver.
  • Take pictures of the evidence and injuries. It’s always good to photograph and videotape the accident scene and damage to vehicles, including license plates and identification data on the doors of commercial trucks. Severe cuts, bruises and abrasions will heal with time so take pictures while the injuries are still visible.
  • Identify witnesses and others who have knowledge of material facts. Get their names and contact information. It’s difficult to track down witnesses later if they were not interviewed by investigating officers.
  • Get the medical help you need. Lawyers are not doctors, so follow the advice of your physicians and other health care providers. Let those professionals be your guide for future care.
  • Provide your health insurance information to all health care providers. Some providers may indicate they won’t accept it if you were involved in an automobile wreck but, except for limited circumstances, the providers are supposed to bill your health insurance company under Texas law.
  • Cooperate with your own automobile insurance company. Under the contract you have with your own carrier, there is a duty to cooperate and you want to honor that. If you have any concerns about it, you should consult with an attorney. Also, check with your own company about any coverages that may be available to you even if the wreck was not your fault. In Texas, personal injury protection benefits and uninsured motorist benefits are automatically available under your policy unless these coverages were rejected in writing when you bought or renewed the policy.
  • Do not communicate with the at fault party’s insurer if you are contemplating getting a lawyer involved with your case. These conversations are usually recorded and, anything you say can be used against you. This is especially true in the case of some injuries that do not show up immediately after the wreck.
  • Keep all records and bills related to the occurrence. In a civil case involving personal injuries, the burden of proof belongs to the injured victim. It is extremely important that all information documenting liability and damages is preserved for the claim.
  • Avoid posting case related materials and other items on social media. Anything posted is a public statement and can be used as a defensive tool in your case. Do not post any content or photographs that present you in a negative light or which comment on any aspect of your case.
  • If you were seriously injured, get an experienced legal opinion before deciding how to proceed. A knowledgeable attorney can evaluate your case, explain the law and provide advice so that you can make informed decisions about how to move forward. Make sure to consult with someone skilled in handling the type of case you have and who has the financial resources to fight the fight for your family. If litigation becomes necessary, the process is expensive and you want someone on your side who can hire the experts needed and develop your case in a way that maximizes your net recovery.

Springer & Lyle are Denton County based personal injury attorneys with over 60 years of experience helping those who have been injured as a result of car or truck accidents, product defects and other negligent events resulting in serious injuries or wrongful death.

Original Source of the Article>> 10 Important Tips if You or a Family Member Have Been Severely Injured

accident insurance tips

Texas Department of Insurance tips for filing accident claim with your insurance company

Be claim smart
Most of the complaints TDI deal with involve disputes about claim settlements. Follow these tips to help avoid problems:

  • Read your policy carefully. A policy is a contract between you and the insurance company or HMO. Don’t rely on your agent to tell you what your policy covers.
  • Read the Consumer Bill of Rights. The Consumer Bill of Rights explains your rights and responsibilities. Most insurance companies are required to include a copy of the Bill of Rights with your policy. You also can call your company to get a copy or visit our Consumer Bill of Rights web page.
  • Keep copies of all documents and take notes about all calls you have with the insurance company or HMO. Include the date and what you talked about. Be sure to include the name and title of the person you spoke with.
    Follow up your phone calls to the company with an email or letter.
  • Ask the company to show you what language in the policy it’s using to settle your claim. The disagreement might be because you and the insurance company or HMO read your policy differently.

Accident and health claim tips

  • Ask your doctor to provide your insurance company or HMO with details about your treatment, medical condition, and prognosis (expected outcome).
  • Have an independent review organization (IRO) review treatment denials. If your insurance company or HMO denies a treatment because it said the treatment wasn’t medically necessary or appropriate, you may be able to have an IRO review. Independent reviews are available if Texas law requires your plan to participate, or if the plan voluntarily participates, in the IRO process. You must appeal the denial with your health plan before asking for an IRO review. For more information, call TDI’s IRO Information Line at 866-554-4926. You may also email URAGrp@tdi.texas.gov.
  • Consider mediation. If you have health coverage through a preferred provider plan and have a dispute about an outstanding bill from an out-of-network hospital-based doctor, you might be able to resolve your dispute through mediation. If you choose mediation, the doctor and your plan will meet to discuss the bill. If the mediation is unsuccessful, you might have to resolve the dispute in court. Visit TDI mediation website to learn more about mediation and whether you qualify.

Original Source of the Article>> Tips for filing a claim with your insurance company