Gather Evidence to Establish Distracted Driving

Seek medical treatment immediately for the accident injuries if they are serious. If physically capable, try to gather evidence right after the car accident. Especially gather eyewitness reports on incidents like the driver drifting off to the wrong lane and onto the path of oncoming traffic as these may indicate distraction.

In particular, watch out for excuses by the driver like, “I looked at my phone for just a second.” Make sure that the police officer at the scene also learns about this and notes this fact in the accident report.

Document Injuries and Vehicle Damage

Photograph injuries and/or the damage to the vehicle. These photographs will serve as evidence of the severity of the accident and may also help convince the insurance company to offer just compensation.

Seek the Counsel of a Personal Injury Attorney

After collecting the above-mentioned pieces of evidence, seek the advice of a personal injury attorney. An attorney will help analyze the various bits and pieces of evidence and put together a case that convincingly establishes that the driver was indeed distracted and at fault for the accident.

Legal Help for Distracted Driving Victims in Dallas

If living in Dallas or nearby, call Van Wey Law at 800-489-5082 to schedule a free consultation and discuss the specifics of a case and for help collecting applicable evidence to present in an insurance claim or lawsuit against the at-fault driver.

Accidents Caused by Passenger Car Drivers

Some passenger car drivers are unaware of a semi truck’s limitations and therefore drive in such a manner that causes accidents.

Passenger car drivers can cause accidents because of the following errors:

• driving too closely - trucks need extra room to maneuver and should not be followed closely;
• driving in a blind spot - trucks have larger blind spots than passenger vehicles because of their size. Because truck drivers can’t see vehicles in these areas, it’s best to not linger there to long; and
• intoxication - drug and alcohol use can impair judgment and make drivers slow to react.

Accidents Caused by Truck Drivers

Truck drivers often contribute to accidents as well. Driving a large truck weighing 80,000 pounds or more is a huge responsibility and unfortunately some truckers engage in risky or negligent behavior that causes an accident.

Here are some common errors that can occur:

• speeding;
• lack of experience or training;
• fatigue caused by driving for long periods of time;
• alcohol/drug use;
• equipment problems (brakes, tires, lighting and transmission issues to defects or wear and tear); and
• cargo loading errors (loading too much cargo on the trailer or not properly securing the load).

Van Wey Law Can Help

Those seriously injured in a truck accident need legal representation. These types of cases are often difficult to handle without a committed lawyer. Kay Van Wey is a Fort Worth personal injury lawyer who can help. Contact Van Wey Law today at (214) 997-6773. 

The following tips may help avoid distracted driving:

• Resist the urge to use in-vehicle technology when driving. This extends beyond the cell phone and also includes the music and navigation systems in the car. Pre-program favorite radio stations to avoid fiddling with the controls of the car stereo while driving.
• Ask a passenger to use the navigation system and if driving alone, plan the route beforehand and pull over if consulting a map so there is no need to check the navigation system while driving. Adjust the heating and/or cooling system in the car before hitting the road.                  
• Do not eat and/or drink beverages while driving. If hungry and driving, pull over to a safe spot and eat there. Eating and drinking behind the wheel, while many do it, is a common form of distraction and may increase risk of an accident.
• Ask passengers not to do anything that might be distracting. This goes for passengers who are children as well as adults. Teach children how to behave when they are in the car; in fact, educate them on the dangers of distracted driving so that they can realize the importance of the warnings.

Legal Counsel for Distracted Driving Victims in Dallas

Not all drivers take the necessary precautions to prevent being distracted while driving. If you or a loved one is hurt in an accident caused by a distracted driver, you are entitled to compensation for your damages. If you live in Dallas, call Van Wey Law at 800-489-5082 to pursue the compensation you deserve for your trials and trauma. 

Filing a Personal Injury Claim on Time

Delaying the claim process can lead to a total loss of the right to financial recovery. Once two years has passed, recovering compensation for damages stemming from the accident will be barred. Even delaying a claim may cause suspicion in some cases, as an insurance company or the defendant’s lawyers may argue that the claimant would have filed sooner if he/she was truly injured.

But it’s also important not to rush filing a claim for the sake of filing as soon as possible. Prognosis for injuries should be clear – or as clear as possible – when filing a claim. Some injuries may require continuous care or future treatment, and this should be accounted for in a claim.

Some injuries may not even appear until a few days or weeks after the accident, so avoid any early lowball settlement offers from the insurance company and consult an attorney before accepting an offer. Whiplash is one of the most common types of injuries that takes multiple days to develop and can greatly affect a person’s quality of life if forced to suffer through it.

Contacting a Lawyer for Injury Claim Assistance

Don’t lose out on much-needed financial compensation to pay for medical bills and vehicle damage and to cover lost wages resulting from the accident. A victim can lose the ability to recover thousands or tens of thousands of dollars in damages by procrastinating for too long. Van Wey Law can help injury victims file their claims in a timely manner. Contact her today at (800) 489-5082. 

What Insurance Adjusters Do

In the beginning stages of an accident claim, adjusters will need the contact information of the parties involved. Adjusters may also ask for the police report. If there were any witnesses, they may also contact them.

Adjusters may also review the accident scene and photograph the damage. If there were any injuries, adjusters may require evidence of the injuries, such as medical reports, bills, and more. They may also ask victims to sign medical releases.

As damages are being assessed, an adjuster will review the driver’s insurance policy to determine what will be covered. Drivers are able to have the car repaired at any shop of their choice, but if the shop of their choice charges more than what the insurance company feels is fair, the adjuster may offer a settlement that makes the driver pay for the difference.

After taking everything into consideration, the adjuster sends over an offer. Sometimes all expenses are covered; sometimes they are not. If the victim feels the dollar amount is particularly low, this should be discussed with the insurance company. If it’s unwilling to budge, legal action may be needed.

Contacting a Lawyer

Knowing what adjusters are looking for can help accident victims give the required information and avoid saying something that may hurt their claims. Kay Van Wey is a Fort Worth personal injury lawyer who can help accident victims recover fair compensation for an accident. Contact Van Wey Law today at (214) 997-6773.

Reasons for Tolling the State of Limitations in Texas

Some possible reasons the statute of limitations may be tolled include:

• Minority. When a minor is injured in a car accident, the statute of limitations starts when the person turns 18. Therefore, the time limit is tolled until an individual’s 18^th birthday.
• Bankruptcy. Bankruptcy on a person’s record stops the clock until the bankruptcy has been resolved or the automatic stay granted in bankruptcy is lifted.
• Mental incompetence. The statute of limitations may be tolled if the victim was incompetent when the accident took place.

Victims of car accidents or other incidents resulting in personal injury who are not sure whether the statute of limitations may be tolled in a particular case should refer to legal counsel for help. This is just a basic explanation of possible tolling procedures, an attorney in Texas has access to extensive professional resources to help clients’ cases.

Find Legal Help to Ensure a Claim is Filed on Time

Tolling the statute of limitations is not a common procedure. Therefore, filing a claim quickly is important after a Texas car accident. Seeking legal help is an important step in helping victims preserve their legal rights and to answer any questions they have about the claims process, such as time limits. Van Wey Law can help. Contact us today at (214) 997-6773. 

If dealing with an insurance adjuster, know some of the common tricks an adjuster may use to devalue a claim. 

Tricks to Watch Out For

Insurance adjusters may try to pull the following tricks to get clients to settle for less:

• They push for immediate settlement. The longer a person waits to settle, the more expenses may come to light and the higher a settlement may be. Plus, adjusters may take advantage of a person’s willingness to speed things up and get paid as soon as possible even if the offer turns out to be less than expected.
• They ask clients to use preferred shops. Preferred shops are often chosen by insurance companies because they keep costs down. They may do this by cutting corners and not performing all the necessary repairs. Be wary of these shops and feel free to choose your own.
• They misconstrue clients’ words. Adjusters may ask questions to get a response that can be used against the client.  Even a simple “Fine,” in response to “How are you?” can cause an adjuster to argue you are not really injured. Be careful of these questions and seek legal advice if necessary.
• They stall. If a client doesn’t settle right away, the adjuster may suddenly lose paperwork or fail to return phone calls. They do this in hopes that the client will give up. Instead, fight back with help from a lawyer.

Contacting a Lawyer to Help with the Insurance Settlement Process

Insurance companies are not on the claimant’s side, even though accident victims want to believe otherwise. Van Wey Law can help injury victims pursue a fair settlement for their accident claim. Contact us today at (214) 997-6773. 

In a negligence case in which the victim is partly at fault for the accident, proving fault to the courts becomes critical because the outcome of the claim hinges on the degree of fault of both parties. This is where an injury lawyer may be most beneficial.

Oklahoma City Personal Injury Lawyers’ Arsenal of Tools

Fault, negligence, and presenting solid cases are something with which Oklahoma City attorneys are familiar. There are dozens of ways they can be instrumental in proving a case, including these three major ways:

• Case Management – attorneys can help organize, manage, and present a case in a timely, effective manner, and can help injured victims understand Oklahoma negligence laws.
• Access to Resources – demonstrating fault and injuries is essential in a negligence case, and this takes resources. Attorneys have access to resources that victims may not easily obtain on their own, such as expert witnesses and libraries full of laws and statutes.
• Creative and Effective Tools – lawyers have helpful tools at their disposal, such as graphics, animations and illustrations, which can help demonstrate the circumstances of an accident and establish the other party’s fault. 

Oklahoma City Injury Lawyers Can Help

When a person suffers a serious injury, it’s important to scope out all possible avenues of compensation and get an attorney’s advice on how to best handle the claim.

The team at Van Wey Law cares deeply about helping clients obtain fair compensation for their injuries and other damages. Feel free to contact the offices at (800) 489-5082 for a free consultation and to learn how to start the proeess.

Types of Evidence to Collect at the Accident Scene

Photographs are a great way to capture the scene of an auto accident. But oftentimes people only take pictures of the damaged vehicles.

There are many other shots that could help in piecing together what caused the crash. For instance, pictures of skids marks, potholes, wet roads, a broken stop sign and anything else of relevance that could be helpful.

Talking to witnesses can be very helpful, too. At the very least, get names and phone numbers. If a witness can provide a statement indicating what he or she saw happen, this may assist in establishing the cause of a crash.

Types of Evidence to Collect after an Accident

In some cases, the vehicle itself will need to be preserved, especially in serious collisions. Know where it is being taken if it must be towed and make sure no repairs or modifications are made right away. Ask your attorney before allowing repairs.

It might be possible to get the data from a red light camera or footage from other cameras that happen to be nearby, which may have captured the accident or what led to the accident. A copy of the police report should also be obtained.

Since a claim may address not only damage done to a vehicle, but physical injuries as well, there will need to be evidence that demonstrates the types and severity of the injuries. Medical records and documentation indicating pain levels or the impact injuries are having on a person’s life are essential as evidence. Save all bills and receipts pertaining to injuries, too.

There are some common causes of car to car collisions, but no matter what the circumstances, evidence is going to be necessary to prove fault and liability. If the injuries were severe or disabling, or if damages are significant, then it will also be important to seek legal counsel. 

Collecting Evidence to Prove Fault

In Title 23, §12-§14, Oklahoma details its modified comparative negligence laws which stipulate that an injured party can still recover compensation even if he or she was partly at fault for the accident, so long as he or she was less at fault than the other party.

Therefore, collecting any and all evidence about the case that will support the claim is critical in presenting a clear, strong case.

Victims will have to present evidence that proves:

• the other party did indeed act negligently; and
• the extent and amount of damages the victim incurred.

Types of Evidence Oklahoma Personal Injury Cases

The types of evidence to collect depend upon the nature of the accident:

• Car accident – motor vehicle accident evidence could include police reports, photos of the scene, and witness testimonies.
• Defective product – if a victim suffered injury because of a defective product, evidence might include the product itself, its packaging, directions, and any relevant recalls.
• Malpractice – in a malpractice case, medical evaluations, the victim’s medical history and records, witness testimonies, and paperwork and correspondence from the doctor could be important pieces of evidence.

Additionally, it’s important for injured victims to document the expenses from the injury as well. This includes things such as hospital bills, doctor visits, prescriptions, and loss of income. These will be used as evidence to calculate and prove damages, as stipulated by Oklahoma negligence laws. 

Van Wey Law Can Help

After an injury, first ensure all possible evidence was collected surrounding the case in order to get the best settlement possible. Van Wey Law can help injured victims exercise their rights and obtain the compensation to which they are legally entitled. Contact us at 800-489-5082 for a free, no obligation consultation.

Van Wey Law is keeping the victims of the tragedy in Moore, Oklahoma in our thoughts and prayers.

Oklahomans are strong, resilient people.  In this time of crisis, they have shown their true spirit by banding together to help one another during this tragedy.

I am proud to be an Okie.  My prayers, and the prayers of the Van Wey Law team go out to the victims.

The tornado in Oklahoma is a painful, bitter reminder to hold our loved ones close and cherish every moment of every day.

Types of Equipment Failure That Can Lead to a Car Accident

Certain types of equipment can significantly contribute to the risk of a car accident. An example are the tires. Some tire problems could include tread separation, improper inflation, misalignment and faulty suspensions.

Another type of equipment failure is that involving the brakes. When brakes fail or there is something wrong with the brake line, pads or system, the driver may be unable to stop or may not be able to stop in time to avoid an accident.

Steering is another type of malfunction that can cause a serious accident. If the steering goes out or locks up, this can cause a driver to lose control of the vehicle.

Liability for Accidents Caused by Equipment Failure

These are just some examples of how equipment failure could end up causing an accident. Depending on the circumstances, a mechanic or repair shop could be liable if the equipment wasn’t properly checked or installed.

If it’s a defect in the part itself, the car manufacturer and/or parts manufacturer might be responsible. In some cases, more than one party could be liable for the accident, resulting injuries and damages.

To prove this type of case, it may require an expert examination of the vehicle, so preserving this physical evidence is important. If there happened to be a recall involving the equipment, this could also help in establishing the cause of a crash.

Although equipment failure may not be as common of a cause for a car accident as driver error and other causes, some malfunctions could be a contributing factor or outright direct cause of the accident. Proving these factors in a serious car accident claim may require assistance from an accident attorney. Call Van Wey Law at 214-997-6773.

Types of Injuries Suffered in a Motorcycle Accident

Back injuries from a motorcycle crash may include:

• broken vertebrae;
• disc problems; and
• damage to the spinal cord.

In severe cases, it may even result in paralysis or chronic pain requiring long-term or lifelong treatment.

Other common injuries in motorcycle wrecks in Texas are fractures to the:

• foot;
• ankle;
• leg;
• knee;
• hip;
• thigh;
• pelvis;
• arms; and
• shoulders.

The impact of this type of injury will depend on how severe the break is and the number of fractures sustained.

Neck injuries can affect:

• vertebrae;
• cervical discs;
• joints;
• muscles;
• nerves;
• tendons; and
• ligaments.

The severity will determine the impact it has on an individual. Sometimes this type of injury causes pain to spread to other parts such as the head, jaws, shoulders and extremities.

Road rash is another type of injury that a motorcyclist may sustain. These are similar to burns and result from friction as the body makes contact with and slides across the ground. It can cause surface damage to the skin or it might go much deeper and leave permanent indentations in one’s body.

Head injuries are another common type of injury to bike crashes. These can include a fractured skull, brain bleeds and/or swelling. Traumatic brain injuries can range from mild to severe.

One of the major issues with this type of injury is that it may be impacted by motorcycle helmet use. Even if Texas motorcycle helmet laws did not require the rider wear a helmet, failure to wear a helmet may still impact a claim. It may be seen as having worsened or contributed to the severity of the injury. 

What is the impact on injury claim compensation when someone has been injured and wasn’t wearing a helmet?

The first thing that needs to be determined is if the motorcyclist was required by law to wear a helmet. In Texas, all riders must wear one. However, those over the age of 21 might opt out if they meet one of two exceptions. The exceptions are either health coverage that specifically covers motorcycle injuries, and the other is completing a motorcycle safety course.

Assuming a motorcyclist was required to wear a helmet, the types of injuries will determine any impact on compensation. Let’s say there were no injuries to the neck or head. Instead, the rider sustained a broken back. Not wearing a helmet is unlikely to play a role.

However, if there was a neck and/or head injury, it may impact the amount of compensation available. Failing to adhere to the law can significantly influence a case.

Keep in mind that even if the motorcyclist wasn’t required to wear a helmet, neck and head injuries can still be impacted by failing to wear one. It could be determined that the rider was negligent for not wearing one and knew of or should have known of the risk. Therefore, he/she might be found partially at fault for those injuries and recovery of damages may still be impacted.

Seeking Attorney Help if Pursuing an Injury Claim

Motorcycle helmet use can definitely be a determining factor in not only establishing negligence but whether or not the types of injuries suffered might have been prevented or at least the severity reduced. Talking to an attorney may be in an injured person’s best interest to review how this should be addressed. Call Van Wey Law at 800-489-5082.

What do traumatic brain injury statistics say?

There are about 1.7 million traumatic brain injuries each year and about 30.5 percent of the injury-related deaths in the U.S. are attributed to traumatic brain injury. Concussions make up about three-quarters of TBI cases in a given year.

Age is also a risk factor for traumatic brain injury. Young children (0-4), adolescents (15-19) and the elderly (65+) are most at risk of traumatic brain injury. Further, males are at greater risk than females for traumatic brain injuries.

Falls (35.2 percent of TBIs) are the highest ranked cause of a TBI followed by motor vehicle crashes (17.3 percent), struck by/against an object (16.5 percent), and assaults (10 percent). The cause of about 21 percent of the traumatic brain injuries are unknown, according to the information relayed by the CDC.

Financial Recovery after a TBI

Victims of an accident that results in TBI and their families should know their legal rights to recover compensation for damages. If another party's negligence causes an accident, that party is liable for damages that result, including medical bills and other expenses or losses associated with the injury.

Brain injury victims can call Van Wey Law at 800-489-5082 to set up a free consultation to review the details of the accident and to discuss recovery of damages. Kay Van Wey is a dedicated attorney who can help build a case against a negligent party responsible for a victim's traumatic brain injury and resultant expenses and losses.

Things to Remember When Group Riding

When operating a motorcycle in a group, as when operating any motor vehicle, you will need to follow the rules of the road in order to protect yourself to avoid a motorcycle wreck, as well as to protect your fellow travelers. This means you need to use proper signaling, change lanes with care, obey speed limits, and take common-sense precautions in regards to weather and road conditions. Further, avoid riding side-by-side and allow riders enough room to maneuver, especially in case of an unexpected hazard.

Before you set out to join a group ride, be sure that your level of motorcycling experience is on par with that of your fellow riders. An inexperienced rider may not be able to keep up with the group and may not understand the common signals, procedures, or expectations of group cycling.

There are some very detailed rules of group riding, and these rules are vital to the safety and enjoyment of everyone involved. While you will need to follow these guidelines, it’s also important to keep in mind that although you are riding as a unit with other cyclists, you are still in control of your bike and your decisions. Use good judgment and instincts.

Contacting an Attorney Following a Motorcycle Wreck

If you or a loved one was hurt in a motorcycle accident, contact a personal injury attorney in Dallas as soon as possible. You may be entitled to compensation for your injuries, lost wages, pain and suffering, and more.

When do punitive damages apply?

According to a 2011 Bureau of Justice Statistics report, of the 14,739 lawsuits in which the plaintiff won in 2005, only five percent (700) were awarded punitive damages. Further, of the lawsuits in which the plaintiff sought these damages, 30 percent received them. Typically, punitive damages are awarded in cases of malice, fraud or gross negligence.

Here are some of the factors taken into consideration:

• how the injury occurred;
• liability of the defendant;
• the situation in which the wrongdoing occurred;
• the severity of the misconduct; and
• how much the defendant is worth.

The plaintiff must provide convincing evidence that the defendant’s conduct was so reckless that he or she must be financially punished in the personal injury claim. Bad faith and ordinary negligence alone do not result in punitive damages.

Caps on Punitive Damages

Punitive damages have a limit in Texas. A victim can receive the greater of: $200,000, or the amount of twice the amount of economic damages plus non-economic damages, up to $750,000. Although there is no set ratio for exactly how much compensation in punitive damages a plaintiff can receive, it must be a reasonable amount based on the circumstances.

Contacting a Lawyer

Punitive damages can result in a large financial recovery for some victims. Kay Van Wey can help injury victims pursue fair compensation to which they are entitled based on the circumstances of the case, and can evaluate whether punitive damages may be sought. Call (214) 997-6773 to schedule a consultation.

Treatments for TBI

If someone suspects a TBI after an accident, some of the treatment options that may be used include:

• diuretic drugs that reduce fluids in the body which can help reduce pressure and inflammation in the brain and head cavity;
• anti-seizure medication in cases of serious TBI to reduce risk of seizure shortly after the accident;
• coma induction to lessen the brain's need for oxygen; and
• surgery to reduce fluid, remove a blood clot or repair skull fracture.

These treatments may be used in the short-term following the accident, and further treatment may be necessary to provide ongoing care in some cases. These treatments could require lengthy hospital stays and procedures that could cause extended time missed from work, hefty bills and a decreased quality of life. Some may require regular physical therapy or rehabilitation.

Recovering Compensation for Expenses Related to TBI Treatment

Some accidents that result in a traumatic brain injury are the result of the negligence of another party. Victims or their families who believe another party is at fault for an accident that resulted in a TBI can contact an attorney for help filing an accident claim for damages.

Accident victims can call brain injury attorney Kay Van Wey at Van Wey Law in Dallas at (214) 997-6773 or (800) 489-5082 for a confidential consultation about the details of the accidents and for help building a claim to recover compensation for damages related to a traumatic brain injury.

• medical bills;
• lost wages;
• future medical care; and
• non-economic and punitive damages in some cases.

But caps on some types of damages must be considered when pursuing a lawsuit.

Caps on damages may serve to keep malpractice insurance costs under control, and may even help doctors to avoid acting overly cautious when treating patients for fear of being sued for malpractice. 

While economic damages, such as medical bills stemming from the malpractice, do not have a cap, non-economic damages and punitive damages are capped in Texas. Non-economic damages may include things like pain and suffering and other damages that do not have a definitive monetary price, while punitive damages are awarded in cases of gross negligence or if the medical professional caused intentional injury.

Amount of Medical Malpractice Caps

Currently, per §74.301 of Texas law, compensation for non-economic damages in medical malpractice cases is limited at $250,000 for each claimant if the action is against a “physician or health care provider other than a health care institution.” The limit is also $250,000 for non-economic damages against a health care institution. If action is brought against multiple health care institutions, the limit is $250,000 per institution and no more than $500,000 per claimant for all institutions.

Punitive damage caps also apply. Texas law allows punitive damages of $200,000 or twice the amount of economic damages plus non-economic damages up to $750,000, whichever is greater.

Contacting a Lawyer for Help

A lawyer can work to protect clients to ensure that they understand their legal rights and can help them pursue fair compensation for their damages under Texas negligence laws. Kay Van Wey in Dallas, Texas is a personal injury lawyer who can assist clients pursuing medical malpractice suits or who are interested in discussing the validity of a potential claim. Contact Van Wey Law today at (214) 997-6773 to schedule a consultation. 

One of the ways to help prevent a crash is by keeping your motorcycle in good repair and by following basic safety rules. This may seem like obvious advice, but read the owner’s manual! Every motorcycle is different and the manual is designed to help you understand the operating and maintenance of your particular make and model.

Quick Tips for Bike Maintenance

Periodically check your bike for any problems and to ensure that all the necessary parts are operating as they should. This is especially important before heading out on a long ride. You should check the fuel, oil and other fluid levels, and make sure that the lights and signals work properly. Check the chain and brakes to ensure that you can stay in control of your vehicle.

Tire malfunctions are often the cause of accidents, so check tires carefully to make sure they are free from excessive debris and cuts. When you check the tire pressure, use a reliable gauge; the gauges found at gas stations can sometimes be inaccurate due to overuse.

Take your motorcycle in to a shop to get regular tune-ups and have your bike looked at right away if you suspect any problems. Some motorcycle owners try to go the DIY repair route in order to save money or for the enjoyment of the challenge, but repairs done by an inexperienced owner can make matters worse and cause an accident. Honestly assess your own repair skills and don’t be afraid to ask a professional for help.

In the event of an accident resulting from another’s negligence or a defective part on a bike, consult an attorney to go over options for legal action.