Should You Let Your Friend Borrow Your Car?

It’s all likely happened to us at some point or another: your friend/family member asks to borrow your car. Maybe he/she is just running down to the store for a few minutes. Or, maybe borrowing it for the day to get to work because his/her car is in the shop. You don’t want to say no because it’s no big deal to you; you aren’t using the car. But, have you ever thought about what would happen if this friend/family member was in an accident in your car? 

Is it a Good Idea to Loan Your Car to a Friend? 

This is not a simple “yes” or “no” answer, as it depends on a few different things. This situation isn’t as easy as an accident where you were driving your own vehicle. It mostly depends on how much insurance coverage you have and how much coverage your friend has on his/her policy. If your friend was at fault for the accident, you may end up paying to settle the claims against your insurance. 

If your friend does not own a car, then he/she doesn’t have insurance. In this situation, you’d want to call your insurance agent immediately to find out how to get him/her covered while driving your car. 

As a general tip: you should always be cautious when lending your car to another driver. 

Your Car Insurance Policy Is A Contract Agreement

Purchasing car insurance means that you have signed a contract/made an agreement with your car insurance company. In this agreement, you are saying that you will agree to follow the rules of the road and drive as safely as possible. In return, they will provide you with protection, in the event that you are in an accident. The important thing to note here is that you signed that contract with your insurance company; your friend did not. However, if your friend has a car of their own, and has insured that car, his/her insurance policy may come into play.

Most drivers don’t take the time to understand the intricacies of the responsibilities that come with car ownership.  Take the time now to educate yourself about car liability and insurance. 

What Happens If My Friend is In An Accident in My Car?

“I let my friend borrow a car and they got in an accident. What happens now?”

When a person causes an accident in Texas while driving someone else’s car, there are a few different areas of law to consider:

• Transportation and safety
• Negligence and civil liability
• Employer / Employee law
• Insurance regulations
• Criminal law

Here are some examples of when a driver would be driving a borrowed car:

• Employee driver operating an employer-owned vehicle
• Customers driving a rental car
• Casual drivers borrowing the vehicle of a friend / family member
• Thieves / joyriders who have stolen a vehicle
• In these cases, there may be more than one person or company that is legally responsible for property damage and bodily injuries caused by the accident.

If your friend has an unsafe driving record or doesn’t have a driver’s license, this could be considered “negligent entrustment.”

What Is Negligent Entrustment?

Negligence is another word for carelessness. Car owners who carelessly lend their car to a driver that is considered to be an “unsafe driver” may be responsible for harm the driver causes.

If your friend has a valid license, you could generally assume that your friend is safe to drive. However, you may find yourself legally responsible if you lend your vehicle to a friend that is:

• Intoxicated
• Too emotional or tired to drive
• Unlicensed
• Driving with a suspended or revoked Driver’s License
• Driving without glasses or contact lenses (if the Driver’s License requires them)
• A minor

Pro Tip: Make sure the person driving is someone responsible and safe that you trust.

In Texas, does the insurance policy follow the driver or the vehicle?

This seems to vary state to state. In Texas, insurance usually follows the vehicle. It depends on your auto policy, but if your friend has auto insurance on his/her car, that insurance policy might not cover an accident he/she has if driving your car. 

In sum, even if you were not driving, your auto insurance policy may pay for damage caused by your car that your friend was driving. 

What is PIP? – Texas Personal Injury Protection Insurance 

Under Texas law, your auto insurance provider must offer PIP –  personal injury protection insurance.

No matter who caused the auto accident, here’s the breakdown of what PIP allows:

• Insured drivers can file a claim with their own insurance company
• All people driving or riding in the PIP insured vehicle can be covered for their injuries. 

It is fairly common that Texas drivers waive PIP insurance to avoid the extra fee. However, it is a good idea to pay the few bucks extra for PIP insurance so that you are covered if you are in an accident with a driver who has no money or insurance.

About Family Purpose Doctrine

If a parent lets their minor child drive their car, according to Texas law the parent is responsible for any car accident their child causes. This is known as the family purpose doctrine.

Something to note: if the car was taken without the parent’s permission, the parent owner may not be responsible for the collision. This can be a complicated area of law. If you were hurt in an accident by a driver under the age of 18 years old, you should contact a Herrman & Herrman Texas personal injury attorney today to understand your rights.

What are the Types of Permission?

The owner’s responsibility for coverage applies in most cases where a person/friend has permission to borrow the vehicle. “Permission” is legally broken down into:

Written permission – This is when you put it in writing that your friend is permitted to use your car. This can be handwritten, a text message, email, etc. 

Verbal permission – This is the most common, where you tell the person they can use your car. While not written down on paper or sms, this is still completely legitimate.

Implied permission – This is when your actions imply that your friend can take your car. This could be you handing them your car keys, or telling them where you put your keys. 

If you did not give permission to your friend to use your car, and they caused an accident, they may be facing criminal charges. You would likely not be responsible for liability, but there is still the problem of “who is going to pay for the injuries & damages to the injured victims?”  

If you were a victim of an accident where the owner did not give permission and the car caused an accident, you should be able to file an uninsured motorist claim with your own insurance company. A knowledgeable lawyer representing you is essential here as an uninsured motorist claim can be challenging since your insurer may fight to pay out as little as possible.You will need to build a strong claim for damages, so having a lawyer that is experienced in negotiating with insurance companies is key! 

Auto Accidents Caused By Poor Automobile Maintenance

Texas law requires all automobile owners to maintain their vehicles so that they are in a safe condition. Maintenance includes: replacing brake pads, replacing tires, maintaining working lights (signals, headlamps, warning lights) etc.

If you let your friend borrow your car that is not in a safe condition, you could be found responsible for any accident that happens. If you are going to lend your car to your friend, you should check it to make sure it is safe before letting him/her drive your car. 

Things To Know Before Lending Your Car

Before letting your friend borrow your car, you should know the following:

Know your insurance coverage. If the person borrowing your car lives in your home, they could be covered by your current insurance policy. Check with your agent to know how your policy is written.

Make sure your policy is up to date. No one will be covered if your policy has expired. Having up to date insurance is legally required in all states. Make sure you have at least the $30,000 minimum amount of coverage.

Why are they using the car? Is your friend going to be out driving for uber in your car? Knowing how your friend will be using the car may save you problems later should there be an accident.

Do they have a valid driver’s license and their own insurance? Making sure you know the answers to these questions is essential. If they are in an accident in your car without a driver’s license and insurance you could be found legally responsible, even if you were not even driving. 

Consult a Herrman & Herrman Texas car accident lawyer today for more information. 

Is Your Friend Borrowing the Car For Work: Ride-share or Deliveries?

A collision can happen with a borrowed car that was being used for:

Ride-share work – Uber and Lyft are the most common rideshare companies. They usually have an insurance policy that comes into effect if one of their drivers causes an accident while they are working. A Herrman & Herrman lawyer can make sure that this covers your injuries if you were in an accident with a driver that borrowed a car to work for a rideshare company. 

Making deliveries – Uber Eats, and Doordash are a few examples here. These companies usually have insurance policies that come into effect for employees working/making deliveries that are in an accident. If you were in an accident by a person that borrowed a car to work for a delivery company, contact Herrman & Herrman today for help with your claim. 

About Herrman & Herrman P.L.L.C.

If you want compensation for your injuries and property damage, contact a Texas personal injury attorney at Herrman & Herrman. We offer free consultations with experienced auto accident attorneys that know Texas law. You do not pay us, unless we win! 

If you are thinking about lending your car to a friend, make sure you understand the risks that come with it if your friend was in an accident in your car. 

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Brownsville, McAllen, San Antonio, Houston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

 

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Pact Act: Burn Pits & Camp Lejeune

Burn Pits 360 is the only 501 (c)(3) nonprofit organization offering an independent burn pit exposure registry. This registry allows family members of armed forces to record the names of those that have passed away due to illness from toxic exposure. Le Roy and Rosie Torres founded Burn Pits 360 roughly 13 years ago and they have been actively working to connect exposed veterans with healthcare services and equipment that was not provided by the Veterans Affairs (VA).

“We went overseas defending our nation, but yet we came back and we’re still having to come and fight for healthcare,” Torres said.

Herrman & Herrman is a proud sponsor of Burn Pits 360 and celebrates this monumental bill that was passed by the Senate yesterday, August 3rd, 2022 with an 86-11 vote.

The PACT ACT is a $280 billion dollar package that will provide expanded health care benefits for veterans exposed to burn pits in Iraq & Afghanistan. This bill also allows widows who lost their spouses to toxic illness from the burn pits to receive benefits and will build 30 new VA medical clinics across the country

Also Included in the Bill: Camp Lejeune Justice Act

According to WECT.com this bill “allow[s] soldiers stationed at the base for at least 30 days between August 1, 1953 and December 31, 1987 to sue the government for damages after exposure to toxic substances in the water, also known as VOCs (volatile organic compounds). Almost one million people lived and worked at the base between 1953 and 1987, and a study found that people staying in Camp Lejeune had significantly higher mortality rates for several forms of cancer, Hodgkin’s lymphona, leukemia and other conditions.”

Anyone who lived in and around the base for at least 30 days is likely to develop an illness from ingesting and bathing in the contaminated water. There are many known injuries and they are varied. Among them are:

Breast cancer
Bladder cancer
Esophageal cancer
Hepatic steatosis (fatty liver disease)
Kidney cancer
Lung cancer
Multiple myeloma
Myelodysplastic syndromes
Neurobehavioral effects
Non-Hodgkin’s Lymphoma
Leukemia
Parkinson’s Disease
Miscarriage
Female infertility
Renal Toxicity
Scleroderma
Birth defects
And many more serious illnesses.

U.S. Congressman Gregory F. Murphy states, “Our bipartisan bill, the Camp Lejeune Justice Act eliminates burdensome red tape to ensure that those exposed to toxic chemicals, including servicemembers, Marine dependents, civil servants, and contractors, can receive their day in court.”

Get more information about Camp Lejeune Toxic Water Lawsuit Here. 

About Herrman & Herrman Personal Injury Lawyers

Herrman & Herrman takes pride in helping those in our community and across the nation. Sponsoring organizations like Burn Pits 360 allows us to contribute in the fight for justice for those warriors that were injured as well as their families.

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Brownsville, McAllen, San Antonio, Houston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

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MOTORCYCLE HELMET SAFETY TIPS

Riding your motorcycle on the open road is one of the most exhilarating feelings you can experience. That is not to say there are no risks involved. Riding a motorcycle is also one of the most dangerous things you can do on the road. No matter how safely you ride, other drivers can make mistakes and endanger your safety at no fault of your own. If that happens, we know some lawyers who can help. But before then, you can ensure you wear the best gear to keep yourself safe. We have created this blog to show you what helmet to look for when getting ready for your next ride.

HELMET SAFETY

It is no secret that head injuries are one of the most common injuries in motorcycle accidents and the most vulnerable area of your body during a crash. This reason alone is why getting the best helmet for you is vital to protecting your safety when riding. While half-helmets look stylish, studies have shown that nearly half of the head injuries sustained during a motorcycle accident damage the chin, face, and cheeks. These injuries mean a full-face helmet is essential to protecting your face and the rest of your head. The top three factors to consider when deciding what helmet best fits you are the safety rating, the way the helmet fits, and the age of the helmet. 

SAFETY RATING

When choosing a helmet, confirm it does meet the DOT standards. While it is illegal to sell helmets that do not pass the Department of Transportation’s test, companies can work around this by selling helmets as novelty helmets instead of motorcycle helmets. Some third-party companies, like the Snell Foundation, test the effectiveness of motorcycle helmets. The Snell Foundation tests helmets to a higher standard than DOT and proves what helmets go beyond and offer the best protection during an accident. Any helmet that has both the DOT and the Snell certification is trustworthy. 

HELMET FIT

The helmet a rider wears should fit snug on their head. Anything less than a tight fit can cause issues and affect the rider’s safety. If the helmet fits loose and lets too much airflow, the noise inside your helmet can reach dangerous levels and may even contribute to hearing loss. 

HELMET AGE 

Nearly every helmet is only designed to withstand one impact. This impact can be as severe as a motorcycle accident or as simple as accidentally dropping it on the ground. Either way, once the helmet has suffered its first significant impact, any use as a practical motorcycle helmet is risky. This fact and the fact that most manufacturers recommend replacing a helmet after three years are why it is best to buy a new helmet instead of a used one. 

NEED A MOTORCYCLE LAWYER? CALL US!

If you or someone you love has been in a motorcycle accident and was seriously injured, you will need all the help available. Our motorcycle attorneys handle cases on behalf of those seriously injured. We also analyze the accident to identify all the potentially responsible parties and their insurance companies.

Our team works with life planners to determine estimates of your future treatment needs and living expenses because of the injury. It is vital to account for future medical costs and lost income in addition to current medical bills when preparing a claim for compensation.

Our motorcycle accident lawyers negotiate aggressively on behalf of our clients for a settlement that reflects the severity of the motorcyclist’s injuries. A settlement is the quickest way to get the money that you need to regain control of your life.

Unfortunately in some instances, an insurance company will simply refuse to do what is right. Our attorneys are prepared to go to court to seek justice and we are confident of our litigation skills.

If you or your loved one has been injured in a motorcycle crash caused by someone else, request a free consultation to speak with our attorneys on how we can help you.

Want more information on what to expect from a motorcycle lawyer? Visit this webpage for more info!

Our law firm has locations across Texas, connect with any of our law firms here!

Brownsville Office location

Corpus Christi Office location

Corpus Christi Southside Office location

Ft. Worth Office location

Houston Office location

McAllen Office location

San Antonio Office location

WHILE YOU ARE HERE, READ SOME OF OUR OTHER MOTORCYCLE BLOGS AND LEARN ABOUT OUR MOTORCYCLE LAWYERS

How To Organize A Motorcycle Group Ride

Motorcycle Safety Inspection Guideline

Motorcycle Road Trip Pack List

How To Take Pictures After A Car Accident

How To Stay Cool While Riding Motorcycles In The Texas Heat

Follow us on social media for more events, blogs, and giveaways!

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TIPS FOR MOTORCYCLE RIDING WITH A PASSENGER

 

As a motorcycle rider, it is vital to know how to transport passengers safely. There are many things to consider when carrying someone on your bike. In this blog, we will cover many tips we have amassed for both drivers and passengers when riding a motorcycle together. Following these safety tips can help ensure a safe and enjoyable ride.

OPERATOR PREPARATION

As the motorcycle driver, the safety of yourself and the passenger is your responsibility. Preparing before and after the passenger has begun riding with you is essential to maintaining a safe trip.

BEFORE

Not every bike can hold passengers. Before riding with a passenger, confirm your bike has a design that accommodates passengers. Next, review the motorcycle owner’s manual for any safety tips specific to that model, operational advice, and limits the bike may have when accommodating passengers. Check the suspension and tire pressure to confirm the bike is safe to ride with a passenger. Finally, go over the safety advice with the passenger so they know what they should be doing and are confident they will be safe throughout the ride.

AFTER THE PASSENGER HAS JOINED

A passenger will affect much of the bike’s movement because of the extra weight and independent motion. This change means the operator will have to brake earlier, take extra care on turns, and be more aware of gusts of wind affecting the bike’s path. Overall, it is safe for the operator to assume every part of riding will be more challenging and will likely take longer to accomplish.

PASSENGER PREPARATION

Passengers should always wear the correct safety fear and receive safety guidelines before riding. Confirm the passenger can reach the footrests and are comfortable with the responsibility of riding together. Go over the following safety procedures, so the passenger knows how to keep you and themselves safe throughout the ride.

PASSENGER SAFETY PROCEDURES

Ensure the passenger is wearing all the necessary protective gear. The passenger should hold the operator’s waist or hips unless the motorcycle has passenger hand-holds. The passenger should keep their feet on the footrests at all times, including while stopped. Be aware of any hot or moving parts and keep hands and feet away from them. Avoid turning or making sudden moves that could affect the bike. If crossing an obstacle, stand with knees slightly bent and allow the legs to absorb the shock upon impact. When in a corner, look over the operator’s shoulder in the direction of the corner. Make a plan for how you will communicate. Many people use hand signals or shoulder taps to know how they feel or if the ride needs to stop.

TEST RUN

Before going on a long journey across the city, plan a short route to ensure the passenger can feel safe and enjoy the ride. You can schedule a longer ride if they have fun on the short ride, but if they are uncomfortable, you avoid making things worse and respect their decision.

 

Thank you for taking the time to learn about riding with passengers safely. Enjoy the ride and share this blog with your friends before you ride with them!

WHILE YOU ARE HERE, READ SOME OF OUR OTHER MOTORCYCLE BLOGS AND LEARN ABOUT OUR MOTORCYCLE LAWYERS

How To Organize A Motorcycle Group Ride

Motorcycle Safety Inspection Guideline

Motorcycle Road Trip Pack List

How To Take Pictures After A Car Accident

How To Stay Cool While Riding Motorcycles In The Texas Heat

 

NEED A MOTORCYCLE LAWYER? CALL US!

If you or someone you love has been in a motorcycle accident and was seriously injured, you will need all the help available. Our motorcycle attorneys handle cases on behalf of those seriously injured. We also analyze the accident to identify all the potentially responsible parties and their insurance companies.

Our team works with life planners to determine estimates of your future treatment needs and living expenses because of the injury. It is vital to account for future medical costs and lost income in addition to current medical bills when preparing a claim for compensation.

Our motorcycle accident lawyers negotiate aggressively on behalf of our clients for a settlement that reflects the severity of the motorcyclist’s injuries. A settlement is the quickest way to get the money that you need to regain control of your life.

Unfortunately in some instances, an insurance company will simply refuse to do what is right. Our attorneys are prepared to go to court to seek justice and we are confident of our litigation skills.

If you or your loved one has been injured in a motorcycle crash caused by someone else, request a free consultation to speak with our attorneys on how we can help you.

 

Want more information on what to expect from a motorcycle lawyer? Visit this webpage for more info!

 

Our law firm has locations across Texas, connect with any of our law firms here!

Brownsville Office location

Corpus Christi Office location

Corpus Christi Southside Office location

Ft. Worth Office location

Houston Office location

McAllen Office location

San Antonio Office location

 

Follow us on social media for more events, blogs, and giveaways!

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Facebook

Instagram

YouTube

 

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HOW TO STAY COOL WHILE RIDING MOTORCYCLES IN THE TEXAS HEAT

SLOW DOWN AND ENJOY THE SCENIC ROUTE

Riding faster will give you more air circulation but turning and driving at higher speeds will make you work harder to stay balanced and safe. That extra work turning adds up quickly in the Texas heat, and it isn’t easy to cool down in traffic. Keep it a cool, calm, slow ride, and enjoy the view!

TAKE REGULAR BREAKS

This tip is critical when taking long rides. Plan or find a safe space to stop, take off your helmet, and hydrate yourself if you intend on a long trip. If the heat is too intense, take a break every hour, and listen to your body if you need more breaks.

COVER YOUR SKIN

While some may think that wearing less clothing will help keep you cool in the heat, it is not true and may lead to a painful sunburn. Wearing clothing with breathable mesh fabric can help keep you cool and avoid sunburn, BUT there should never be mesh fabric on your shoulders, outer elbows, hips, butt, or knees. These areas need cover so they can protect you if you are knocked off your bike.

OPEN THOSE VENTS

Many bikes offer vents that concentrate airflow patterned similarly to where many different bike clothing offer ventilation for staying cool. The vents may not be the strongest, but they can make a significant difference on a hot day.

 

WHILE YOU ARE HERE, READ SOME OF OUR OTHER MOTORCYCLE BLOGS AND FOLLOW US ON SOCIAL MEDIA!

HOW TO ORGANIZE A MOTORCYCLE GROUP RIDE

MOTORCYCLE SAFETY INSPECTION GUIDE

MOTORCYCLE ROAD TRIP PACK LIST

HOW TO TAKE PICTURES AFTER A CAR ACCIDENT

INJURED AND UNSURE IF YOU HAVE A CLAIM?

WHAT TO DO IF YOU ARE HIT BY A DRUNK DRIVER

ABOUT HERRMAN AND HERRMAN PLLC

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

Start the road to recovery by contacting us for a free consultation and case evaluation.

Our law firm has locations across Texas, connect with any of our law firms here!

Brownsville Office location

Corpus Christi Office location

Corpus Christi Southside Office location

Ft. Worth Office location

Houston Office location

McAllen Office location

San Antonio Office location

Follow us on social media for more events, blogs, and giveaways!

Twitter

Facebook

Instagram

YouTube

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What to Do After a Car Accident in Texas

A car accident can be a traumatic event, making it hard to have the clarity and presence of mind to know what to do immediately afterward.

If the car crash caused significant injuries, you may miss weeks of work and be left with costly hospital bills. You may have a right to seek compensation for your medical bills and related expenses from the other driver who was at fault.

The actions you take after a car accident can make all the difference in whether you have a successful car accident claim. Here are some basic steps to take after a car accident

While you can never fully prepare for the shock of another motorist slamming into your car, you can prepare in advance for what you’ll need in the aftermath of the collision. Keep copies of the documents you’ll need to produce such as the car registration and proof of insurance in the glove box. The police officer who investigates the accident will ask you for them, so you should keep them handy.

It’s also good to have a pencil and a small pad of paper to write down license plate numbers, if you don’t have your phone or it’s not charged. You will still need to record the other’s driver’s registration and insurance information.

Call an Ambulance

Check on your well being and the well being of others.

1. Check Yourself for Injuries—First things first. Check yourself over after a collision to determine the extent of your injuries and whether you need emergency medical treatment. If you do, request an ambulance or ask someone else to call for an ambulance.
2. Check on Your Passengers—You are required to provide reasonable assistance to others injured in the accident including arranging for transportation of those injured to the hospital. Check on the well-being of the others in your car and determine if anyone needs to go to the emergency room. Request an ambulance for each injured person.
3. Get to Safe Location— If the accident involves injuries or death, you should remain at the scene of the accident. You should get to a safe location away from active lanes of traffic when it is safe to do so. If you are involved in a crash that involves only damage to the vehicle, you should move your vehicle off the road to a safe location.

Report the Car Accident to The Texas Police

You should always notify a law enforcement agency after a car accident if:

• It involves an injury or death.
• If you suspect that a driver was intoxicated.
• The wrecked vehicles cannot be removed from the road.

If anything mentioned above occurs, under Texas law, a motor vehicle operator involved in a car accident must:

• Determine whether the other driver involved in the accident requires aid and call an ambulance.
• Contact the police, even after a minor accident so there is an official accident report. Having an accident report that details the particulars of the accident and identifies those involved is crucial if you need to file an insurance claim later.
• Wait for the police to arrive at the scene. Don’t leave the scene of the accident before they arrive. You could be charged with failure to stop, a serious criminal charge, and face serious penalties if you drive off from a car crash involving an injury.

In summary, after reporting the car accident to the police, you are required to:

• Ask if anyone is injured and if the driver and any other vehicle occupants have medical needs.
• Call an emergency medical service (EMS) for any other drivers and/or passengers to be transported to a safe place
• Report the accident to the local police department or sheriff’s office
• Assist with any other needs for help until the police and the EMS arrive.

A police report is essential to a car accident claim. In order to have a solid case, make sure that you are filing the report properly by providing complete and accurate information.

Note Things Around the Scene

Gather evidence at the scene of the accident while waiting for the police to arrive. Use your phone camera to snap photos of the position of the vehicles before they are moved, the damage to the cars and your injuries. Try to take photos from a variety of angles. If there were any traffic hazards or road obstructions, such as vegetation blocking a traffic sign, that may have contributed to the crash, take photos of those. Once the accident scene is cleared, the evidence may be lost.

Take note of any security cameras or traffic cameras that may have recorded the accident. Video evidence can be useful to support your claim, but it must be preserved.

Get the names and contact information of any witnesses who saw the accident. Ask the witness if you can record a short video of the witness describing what he or she saw.

If you are unable to take photos or gather information from witnesses, ask someone else to help.

Don’t Apologize, Even If You Believe You Caused the Crash

No, many factors may have contributed to the accident. It’s too soon to know immediately after an accident. Exchange driver’s license information, vehicle registration and identification numbers, and insurance information with all drivers involved in the accident. But avoid discussing the details of the accident with other drivers.

Understandably, you may be upset or highly excited after a crash. It’s important to keep control of your emotions. An angry outburst can make a bad situation worse. Don’t accuse the other driver of causing the accident or accept blame yourself, even if you believe you were at fault.

Do not apologize to others at the scene or try to minimize your injuries. You may be unaware of the seriousness of your injuries immediately after a crash. A surge of adrenaline may mask your injuries at the time. You may become much more aware of your injuries and soreness a few days after a collision. These types of comments, while well-intended, may be used against you later by insurance companies to deny or reduce your claim.

The police will investigate and determine what happened.

Call the Insurance Company?

Call your insurance company and inform the insurer that you have been involved in an auto accident. Provide the insurance company with the other driver’s name and insurance information.

Answer the insurance company’s questions honestly, but don’t engage in speculation. Don’t try to mislead the insurer about what happened because it could weaken your claim. You may need to file a claim against your own insurance if the other motorist is driving uninsured or your injuries exceed the limits of the other driver’s insurance coverage. You also will need your insurance company to defend you if the other driver files a claim against your insurance.

While you want to be forthright with your own insurer, you should not discuss the accident with the other driver’s insurance company. If you have injuries caused by the other driver, you may need to seek compensation from the at-fault driver’s insurance. You should seek the help of an experienced car accident lawyer and let the lawyer handle all communications with the insurance company. You will be at a disadvantage if you try to deal with other driver’s insurance company on your own.

Contact a Car Accident Attorney in Texas

The steps you take immediately after a car accident really do matter. If you have been injured in a crash caused by another motorist and you follow the steps outlined above, you will be better positioned to file a claim. You should not have to pay your medical bills and car repairs out of pocket. You may be entitled to collect compensation from the other driver’s insurance to cover your medical expenses, lost income, car repairs and related costs. Let our attorneys review the details of your collision and discuss your rights to pursue a car accident injury claim. The case review is free and will provide you with an understanding of your legal options.

Herrman & Herrman is an established south Texas law firm with Spanish- and English-speaking staff to assist you. The law firm has offices in Corpus Christi, McAllen, Brownsville, San Antonio, Houston and Ft. Worth. Our attorneys have helped thousands of injured people seek full and fair compensation after serious accidents caused by the negligence of others.

Call (361) 882-4357 or contact our attorneys online for a free review of your car accident case.

Sources:

• org: Post-Accident Checklist
• org: How to File an Accident Report with the Police
• Consumer Reports: When to Report a Car Accident to an Insurance Company

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How To Organize a Motorcycle Group Ride

A motorcycle group ride is one of the unique road experiences a rider can only have on their motorcycle. When riding in a group, it is much less likely a car will turn and not see one of the motorcycles. Instead, they will likely see the entire group as one line and let them pass. Unfortunately, riding in a group does require some preparation and structure to follow throughout the ride. Fortunately, we have created a guide on how to ride successfully as a group!

BEFORE THE RIDE

Make sure your ride is ready and safe to take a long trip. This means having a full tank of gas and passing our motorcycle safety inspection guide.

Next, meet the other riders and establish some ground rules and what route you will be taking. You should also discuss where the rest stops and fuel stops will be. It is best to meet the day before the group ride or sooner, but at the least meet before the group leaves together.  

During the group meeting, decide who is the lead rider and who will be at the end. Both the lead and the end should have experience in group rides to ensure everyone’s safety. Typically, the lead rider should be the most experienced and know the other rider’s experience to monitor them during the ride. The leader and end rider should also be the most trusted to judge the safety of the routes the group will be taking. 

Before riding, there should be a discussion about how to ride with others to avoid any motorcycle collisions. Riders should avoid quickly braking to avoid causing a chain reaction behind them. When turning, riders should try to safely maintain the same speed to avoid any riders behind you abruptly braking. 

DURING THE RIDE

The lead rider sets the pace for the rest of the group. It is vital that the lead rider sets a safe pace within the speed limit and is easy for the other riders to safely follow. There should also be a plan in place for how the lead rider will communicate with the other riders if there need to be any unplanned turns, stops, or route changes. 

The end rider should also be trusted to ride safely and experienced in group rides. The end rider’s top priority is to watch the riders in front of them, and if anything happens to the other riders, help them or get them help. 

If a rider is missing or gets lost, the group should immediately stop to remove the possibility of moving further away from the lost rider. Groups can also plan ahead to meet in a specific area if a group member gets lost so that the group does not need to stop and search for the lost rider. 

After deciding who the lead rider and end rider are, the group should discuss how to follow one another to avoid endangering one another. Each rider should follow the two-second behind rule. It is important to maintain enough space so that if the rider in front of you has to swerve or stop you have enough time to safely stop or avoid crashing into them. It is also important to avoid falling too far behind so that other vehicles do not enter and split the group. This window is why it is important to be familiar with every rider and trust they will not endanger you or themselves with their riding. When riding in a group, each person should ride in a staggered formation. The staggered formation is where each rider follows on alternating sides of the same lane, similar to where each side of tires would be on a car, left side and right side. This does not mean the riders should be side by side, but instead alternating left and right, with two seconds of space directly in front of each rider. This formation gives each rider the space to react while also giving them more visibility. When turning, each rider should get behind one another and be aware of where the other riders are to avoid any collisions. 

OTHER NOTES

If the group is not able to maintain the speed limit, the group should not ride in the staggered formation and instead ride in a single file line to allow traffic to pass through. 

No rider should attempt to pass another while staying in the same lane. 

Riding in a group is one of the best experiences unique to riding a motorcycle, so it is important to maintain the safety of yourself and the group so that future groups can enjoy group rides as much as we do now.

 

While you are here, read some of our blogs and enter a giveaway to win a Harley Davidson motorcycle!

How to take pictures after a car accident

Injured and unsure if you have a claim?

What to do if you are hit by a drunk driver

How to deal with drunk drivers

Medical bills and lost wages in the state of Texas

Stylin’ In Sturgis Giveaway

 

ABOUT HERRMAN AND HERRMAN PLLC

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

Start the road to recovery by contacting us for a free consultation and case evaluation.

 

Our law firm has locations across Texas, connect with any of our law firms here!

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