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Bicycles and Cars Don’t Mix
Bikes and cars don’t mix gracefully and often there is a dangerous (and at times, lethal) crossover where the cyclist or motorcycle rider sustains serious bodily harm or even death.
Unfortunately, cars and bikes - whether they are bicycles or motorcycles - don’t get much respect from car drivers. That may be for a variety of reasons, largely due to the fact they are hard to see in some areas around the car, especially in the blind spots. In addition, defensive driving aside, a lot of people (who will shoulder check for another vehicle) don’t bother to check for bike riders.
If you have gotten into a tangle with a car, then you need to speak with a bicycle and motorcycle accident attorney who specializes in this area. While you might think, “big deal, a bicycle accident, nothing to it,” you could not be more wrong. This is a rather extensive and somewhat complex area of the law, and any attorney practicing in this area is worth their weight in gold.
If you have been in an accident with a car, immediately call a bicycle and motorcycle accident attorney. In most instances, it is usually the motorists who are at fault for any accidents. They just don’t seem to “get” how to share the road. This, of course, puts the cyclist in a serious situation as they do not have much in the way of protection.
Is this a huge issue? Take a peek at some National Transportation Safety Board stats that state roughly 540,000 bicyclists show up in emergency rooms with injuries every year. Approximately 67,000 have head injuries, and 27,000 are injured badly enough to be hospitalized. That’s not all. At least 700 bicyclists died on U.S. roads in 2007 and over 90% died in fatal crashes with motor vehicles.
This is where a good bicycle attorney will earn his or her keep. They know precisely what types of injuries result from a “bike meeting a car” accident. They know about the pain and suffering of injuries, the long-term recoveries, the medical bills, the loss of wages, and how long it will take to recover from things such as traumatic brain injury, serious road rash, and a broken arm or leg. They know how to aggressively litigate to get you the damage award you need to recover and not have to suffer without proper care due to lack of funds.
Something else you might not know is, typically, insurance companies offer pitiful settlements; settlements that if applied to a motorist would be up to 40% higher. There is no equity in that equation, and this is why contacting a bicycle attorney will mean having someone in your corner to fight for your rights and keep you from getting stiffed by the insurance company.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Austin personal injury lawyer, Austin injury lawyer, Austin personal injury
When to Call a Lawyer for an Insurance Dispute
There does come a time when it is wise to call a professional to deal with what has become an insurance dispute. Actually, in many instances, it is even wiser to call the attorney BEFORE dealing with insurance companies.
Here is the advice we give time and time again to our clients: Do not speak to insurance representatives for the other party involved in an accident; do not give statements to anyone; do not explain anything until you have a chance to speak with a lawyer. This advice needs to be heeded for the simple reason that insurance companies are not your friends and they do not really want to help you. What they want is to settle with you for as little as they can get away with in the long run.
While this may sound cold and calculating, it is a fact of business. Insurance companies are in business to stay there, not put themselves out of business by offering more for an accident claim settlement. They also won’t think twice about using any statements you made, at the scene or later, against you if it means they can offer a lower settlement or none at all. This is why you need a qualified insurance lawyer who knows the system and will get you a just settlement.
Dealing with your own insurance company is one thing; dealing with the other person’s insurance company is something else entirely. This is where things like delays, stalling, low-balling and other not-so-nice tactics come into play, such as intimidation and harassment.
Many people who have just been in a car crash have no idea what their accident claim may be worth. They think if the other party is at fault, the other party’s insurance company will offer a fair sum and won’t make you hire a lawyer.
Most often that sum is more like a pauper’s pittance and you can do better by having a qualified insurance attorney in your corner.
It’s a simple fact that insurance companies want you to settle right away so they can get rid of the claim and not put out much money on it. They don’t want you to see a lawyer who knows what s/he is doing. That only means they are going to have to pay out more money. If they are able to persuade you to take their figure, you have not only lost the battle for a just claim, but may wind up with a great deal less than you are entitled to.
When you’ve been in an accident, even if you think it is minor, take the time to call an auto accident attorney for advice. The first consultation is usually free and you will find out quickly if you have a leg to stand on in making a good settlement or court case. Don’t assume you are entitled to only what they offer. You may be way off the mark because you are not familiar with how the justice system works. This is your lawyer’s job and that first call is often well-worth your time.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Austin personal injury lawyer, Austin injury lawyer, Austin personal injury
The Day After the Auto Crash
The day after the car crash is usually when you realize you have suffered some major personal and property injuries. The question arises: Just what do you do about it?
If you don’t realize how badly you are hurt the day of the accident, then the day after will bring with it revelations that you hurt much more than you originally realized. The car, well, it may be a total write-off. Now what are you supposed to do?
A car crash is more than inconvenient, it is costly, and in most instances the problems are just starting when the accident dust settles. It’s even more disconcerting if any damage settlements don’t cover the real costs.
Think about this. Just because you got your car fixed doesn’t mean it is done properly. That means you lose reliable transport. You may have also suffered some serious injuries and need some heavy-duty medical treatment. Put these two things together and you get time off work and the inability to carry on with life’s daily activities.
It’s a reality that the actual costs of the accident are much higher than the face value of the damages. This is one of the major reasons why you never settle for what an insurance company first offers you. Speak to a competent personal injury lawyer first because there are a lot of cases where the insurance company settlement doesn’t even touch the real costs of your accident.
This advice is applicable even with minor car accidents. While it may be that you only need money to repair a fender bender, you aren’t considering that even seemingly innocuous accidents cause injuries (whiplash type injuries, etc.) and stress and shock.
When in a situation like this, despite it looking relatively easy to resolve, always consult with a lawyer. A good attorney with much experience will point out some of the anticipated future costs you might not even think were possible.
Don’t assume that lawyers are expensive and skip the legal consultation, as it might wind up costing you more not to get advice than it would to ask for it in the first place. Actually, most Texas lawyers will offer free consultations with no obligation. Just tell them the details of your situation, and they’ll tell you if you have a good case or not. It’s time well spent.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Austin injury lawyer, Austin personal injury, Austin personal injury lawyer
Child Abuse Law in Texas
No one wants to hear or think about child abuse. Unfortunately, it is very much alive, but hidden in the least likely places.
If you’re faced with charges of child abuse, then you will need to know several things so you have an understanding of what will happen in the criminal justice system. At this point, don’t wait another minute to contact a criminal defense attorney for assistance.
Child abuse is a flash point issue for many people and this area of the law is extremely complicated. Only a highly qualified attorney with extensive expertise in this area will be able to outline what will happen once an arrest has been made, and able to communicate the information so you may make informed decisions.
Child abuse in Texas has several working definitions – the sexual mistreatment, psychological or physical abuse of any child no matter what the circumstances may be. Ask your attorney what specific charges you are facing, as this will make a difference in the type of defense your attorney will be building for you.
Physical abuse usually means neglect, beating or hitting a child. However, it’s not just these categories you may be charged with, as physical abuse also covers abuse using chemicals, ice, fire, or any other object (aside from hands and feet) that harms a child.
Psychological abuse is the most common type of child abuse. It’s defined as any type of behavior that causes emotional or psychological harm. This covers things like verbal humiliation, name calling, demeaning, and yelling. While the most common form of abuse, it is also the most difficult to prove because it can’t be seen and leaves invisible scars.
Sexual abuse refers to any sexual act forced upon a child by an adult (or older teenager). Offenders may be charged with anything from exposing themselves to using the child to make kiddie porn films. The penalties in this area are a lot higher.
If you are faced with any of the above charges, make certain you speak with legal counsel immediately to find out how you have been charged and what the potential penalties may be. If your lawyer knows as much as possible, he may be able to mitigate the charges and penalties.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Austin injury lawyer, Austin personal injury, Austin personal injury lawyer
Mobile Cell Phones Are about to Be Disabled
Let’s face it; we all know that one of the leading causes of car crashes in the USA and Canada is people talking on their cell phones. No attention to the road while driving is an accident on the way to happening. It’s just that simple.
Well, good news is on its way in the war against cell phone addicted drivers who make driving hazardous due to their inattention. No this isn’t a new law enforcement gig, or a radar-tracking device to detect cell phone signals while the driver is piloting over 2,000 pounds of steel.
It’s not even a new law brought into being by a state legislature. California and New York have the right idea with a ban on cell phones while driving without a headset. Sure that gives the driver two hands, but it doesn’t give them their attention span when they’re talking to someone.
We’ve all been there and done that. You get into a heated conversation with someone and your attention is on “him or her,” not on your driving. This split attention trick is OK if you happen to be at home, but while driving it can mean the difference between getting to your destination unharmed or having a nasty smash up.
What’s so new that we could get excited about in the war against cell phones being used while behind the wheel of a car? Thanks to some tech savvy Canadian entrepreneurs, there is a new device on the market that actually disables cell phones for real-time talking. And not just that – it shuts them down so they can’t text or receive messages either.
That’s the other dangerous thing that a lot of younger drivers are doing these days, texting while steering a car. Hello? The consequences of this have the potential to kill.
This new device, created by Aegis Mobility, is called DriveAssistT and here is how it works. It’s simple, yet beautifully complex and innovative! The cell phone shuts down while it is moving at a speed associated with a vehicle. This takes the decision to use the cell phone right out of the driver’s hands and puts safety back behind the wheel – along with some common sense.
Compare this new gadget to a Breathalyzer installed in a car that keeps drunk drivers from starting their engines. DriveAssistT keeps yakjacks from doing anything with their cell phones while they’re on the road. Law enforcement will love this invention.
Inside this device is a motion detector that figures out if the phone is moving. If it is, it will send a signal to the cell phone carrier to hold ALL messages until the driver is done.
The DriveAssistT is due out sometime in 2009 and may cost about $10 to $20 a month when rented from your cell phone service provider. This is chump change when you consider over 42 thousand people die in car crashes every year, and 7% of those accidents are as a result of people talking on cell phones while driving.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
What To Do in the Case of a Personal Injury
If you have been hurt by the carelessness of another person, take prompt action. This will ensure your injury claim has the right information to get it settled.
No one wants to think about getting injured, but life happens and the potential for an accident happens in the blink of an eye. The injuries caused by accidents are called personal injuries because they have happened to your body and not your property. e.g. a broken arm or a severely injured leg
When bad things happen, take matters into your own hands to make sure your lawsuit gets the award it deserves. You want to make certain your claim is settled fairly and that it is done as quickly as possible.
Here are a few things you should make every effort to do; they will make an enormous difference in the outcome of your case. Don’t forget, personal injury accidents should be handled by a competent, highly trained lawyer with experience in this area. This is not something in which you should try to defend yourself in court.
Take a moment to write down everything you remember about your injuries – things like how it happened; where; the names of all the people involved and their personal information; names of potential witnesses; insurance company reps; and the police who handled your case.
While this may seem like a lot of work, you would be amazed at how often this information is needed. You would also be amazed at how often other accounts of the same accident don’t sound the same as yours from your first-hand recall.
Just remember that while this may also sound like plain old common sense as you are reading this, it doesn’t mean you will have plain old common sense just after you have been injured.
You’re in a high stress situation and trying to remember things will be difficult, so just take your time and do not make any statements to anyone such as insurance company adjusters or reps.
The reason for this is that they are not on your side and want to have their case settled fast. This means they may make you a settlement offer that is far lower than is fair. Talk to a personal injury lawyer before you talk to anyone else. You will thank yourself later.
Not talking to anyone doesn’t include the people who caused your accident; let them know you’re going to file a claim against them. Tell them immediately of your intentions so there are no misunderstandings later.
If you’re not in any shape to preserve evidence for later, try to have a relative or close friend to do this for you. Things you may need later are pictures of your totaled vehicle, the scene of the accident itself, etc. Make sure the car is preserved for evidence, since accident reconstruction experts will be able to piece together what happened to cause the crash.
Last, but not least, and we cannot say this enough, speak to a personal injury attorney as soon as possible. You will need a good lawyer to handle your case.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Wipe Personal Injury Clean
As ridiculous as this may sound, if you want to avoid personal injury accidents while driving your car, take preventative steps to do something to control the situation.
Everyone is responsible for their own driving and for the upkeep and maintenance of their vehicle. While this might seem to be a bit of a no-brainer, it is quite amazing how many people overlook or totally ignore their windshields.
We have all seen people driving in the winter trying to look through a miniature hole scrapped into the windshield. Are they able to see where they are going? The answer to that is no, they are not, which makes them a sitting duck for the old saying, “There goes an accident on its way to happening.”
If you cannot see where you are going, chances are that will cost you big bucks after the accident. You are right, this does not happen to everyone, but the chances of it happening are higher than you would think. Take the time to clean the windshield off and see where you are pointing a deadly weapon weighing at least 4,022 pounds.
We have all been in near misses and thought to ourselves, “Thank goodness nothing bad happened.” It only takes one time when you couldn’t see properly to bring home the point in a not so happy fashion. If you have been a victim of a car crash where the other driver couldn’t see where they were going, then you know how it feels.
It only takes a few minutes of time to keep your windshield clean and may save you hundreds of dollars in costs as a result of a potential accident. It may also safe your life.
Understanding what a personal injury is may help understand what needs to be done to protect yourself and your family. A personal injury happens when a person suffers a personal injury – psychological or physical – and it is usually due to an accident.
The most common personal injury claims are traffic accidents, tripping accidents, mishaps at work, assault claims, accidents at home, and holiday accidents. This area of the law also incorporates medical and dental accidents, often also referred to as medical/dental malpractice.
If the accident happened due to someone else’s fault, the injured person may be entitled to compensation from that individual. This whole area of tort law is controversial in the United States, with many calling for reforms in the area of personal injury law.
It is easy to take care of your own safety, but take the time out of your busy day to do that. It may mean the difference between getting home safe and sound or not being able to get there due to an accident.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
How To Handle a Denied Health Claim
There are several ways to go about handling a denied health claim and honestly, not all of them involve legal help.
You need to know you’re dealing with a contract. It’s between two parties, you and the health insurance company. In most instances this contract gives you a good idea of what coverage you have (procedures covered), how much of the bill the insurance company pays and what services are covered.
Here’s a quick example of how that may work. Let’s say your Preferred Provider Organization (PPO) covers a visit to a doctor in the network with a $50 co-pay. If you choose to go to a doctor outside the network, the PPO may only agree to pay 50% of the physician’s bill.
In the case of prescriptions, the plan may cover 100% of your meds if they were prescribed in a network hospital. If on the other hand you choose to buy meds at a drugstore, they may only offer to cover 50% of the value of the drugs, after you’ve paid a high deductible.
You already know how convoluted health coverage can be, so make it a point to read your health care policy. As boring as it may seem, the information in it may save you time and money later if you have a dispute with your insurer.
Keep in mind that although your doctor may think you need a certain procedure, you may find your plan doesn’t cover it. In other words, it’s not in your contract with the health insurance provider. This is yet another reason for you to know what your coverage actually “covers.”
Even knowing your policy won’t guarantee you don’t have a claim denied. It’s like death and taxes, almost inevitable. However, there are things you are able to do for yourself before you contact an attorney.
Do the obvious first – call customer service and find out if they denied your claim because of a medical coding error. That happens fairly frequently. If it wasn’t a coding error, then attempt to get an explanation. Here’s where things get a bit sticky.
If you honestly believe the insurer did stick to the terms of the policy, pay the bill. If on the other hand you think they’re waffling and aren’t living up to their part of the bargain – this now becomes a dispute and you need information on the arbitration process.
Take time to call your state insurance department as well. They may be able to resolve things for you, IF your insurer did break any regulations. If you don’t get any satisfaction and feel like you are getting a huge run around, contact an attorney with experience in settling and/or litigating health care disputes.
If the insurance company is trying to get you to settle for a smaller claim, or none at all; are asking for excessive documentation/verification of your claim or telling you to resubmit what you have already provided, speak to a competent lawyer who will assist you to cut through the red tape and get the matter resolved.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Beat The Statute Of Limitations in Texas
Don’t wait until the last possible minute to file a personal injury lawsuit. Waiting too long can mean you miss the statute of limitations on filing and be out of luck.
When you’ve just had an accident, granted the last thing on your mind may be suing. You’ll be focused on medical care, insurance claims, car repairs and just generally wanting to get your life back on track.
Don’t wait too long to consider a personal injury lawsuit, or you will lose the ability to be able to file one if you are past the statute of limitations. In Texas the statute of limitations for personal injury cases is 2 years. If your injuries were serious, you may take two years to heal and miss the filing deadline. So be aware of your legal options before they slip away on you.
There is one area of law where the statute of limitations is actually 10 years – medical malpractice suits. The reason for the longer deadline is because in medical cases, complications might not show up until later.
A word of advice about accidents. Usually the first thing that happens is the insurance company wants to get things all tied up and settled quickly. Under no circumstances should you settle for the first offer. Speak to an attorney familiar with this area of the law to ensure you’re not pushed into an inadequate settlement.
You may get some bluster from the company about settling quickly before the deadline passes. There’s no hurry, despite what they may imply. All you need to do is start your case before the statute of limitations expires. You don’t have to have the case completed by then.
If you think you can settle your own personal injury claim directly with the insurance company, you’d be welcome to try. However, once the claim is settled there is rarely any going back to re-open the deal. This is the major reason you need to speak to a lawyer.
Your advice on how to proceed with your personal injury claim will get you what you actually deserve as a settlement, not what the insurance company thinks they can get away with.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
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