Be Aware In Crosswalks

Pedestrian sign 2I was really ticked off yesterday.

As I was driving home, I was approaching a crosswalk.  Normally, there isn’t anyone at the crosswalk, but yesterday someone was there waiting to cross (actually, one of my daughter’s dance teammates crossing to go to her dance studio).

I stopped so that she could cross the street, and no less than eight vehicles went around me on the right, driving in the bike lane,  before the person behind me also stopped, allowing the pedestrian to cross the street.

This follows an incident this weekend when I was stopped to make a left hand turn, waiting for a pedestrian to cross the street (while the pedestrian had a white “walk” signal no less), and the people behind me thought they would be cute and turn left behind me, coming within a foot of hitting the pedestrian.

Not only is this type of driving inconsiderate and dangerous, in Texas, it’s illegal.

Section 552.003 of the Texas Transportation Code requires drivers to yield the right of way to pedestrians who are crossing in a crosswalk when there’s no traffic signal in place.

As drivers, you need to know the law and yield to pedestrians.  That’s especially true as school is back in session and young kids are now using crosswalks to get to/from school or to/from their bus stops.    I just see too many cases where pedestrians suffer serious injuries because drivers don’t have the simple courtesy to follow the law.

Unfortunately, I don’t see this law enforced very often.  I hope APD or someone else do what they need to do to minimize the risks for these situations.

 

Don’t Let Facebook (or Twitter, or Instagram, or other social media) Ruin Your Personal Injury Claim

facebookAn increasing trend in personal injury litigation is for insurance companies and their lawyers trying to gain access to your social networking sites.  Sometimes this includes the use of trickery to get access to your information.    Once there, they’ll take statements or photos entirely out of context to try and argue that you’re not as hurt as you claim.

I’ve never had a client harmed by social media, but I don’t want you to be the first.

Some attorneys suggest that their clients cease all use of social media while the client’s case is pending.  While that would be nice, I also think it’s unrealistic.  I know social media has become a part of culture and life.

So if you’re going to continue to use social media, here are a few guidelines that can help you not ruin your case.

1.  Don’t discuss your case in any fashion on a social networking site.

2. Don’t mention activities you’re involved in; no talking about hobbies, vacations, etc.

3. Don’t post photos of yourself.  Trust me, they’ll be taken out of context in ways you can never imagine.

4. Keep your privacy settings strong.

5. Don’t allow a new “friend” unless you absolutely know who they are and trust them.  There are repeated stories of insurance company representatives trying to “friend” injured persons to get access to the injured persons’ social media sites.

These are just general guidelines.  If you are injured and want more specific advice, feel free to call us or contact us.

How Do I Settle A Claim With An Insurance Company Amicably?

This is another question I recently received.

A person was injured in a car wreck, they submitted a demand letter, and tried to negotiate, but the insurance company was stonewalling them.  What are they supposed to do?

There isn’t a good answer for someone in this situation.  Insurance companies may engage in stonewalling tactics that are designed to get you to accept less than the full value of your claim.

When you hire us, and this happens, our response is to file suit.  That’s the alternative and the hammer you can use to get a new adjuster, get a new perspective to the insurance company from a lawyer and to prove that you can enforce the claim.

But if you’re trying to represent yourself, you don’t have that option.  As a result, the insurance company, knowing that you don’t have a real alternative, doesn’t have an incentive to pay the full value of your claim.

This type of conduct is one of the reasons that insurance company studies find that claimants who are represented by lawyers do substantially better overall than those who try to represent themselves.

I am sorry to be the bearer of bad news to people in this situation.

National Safe Boating Week: Choosing The Right Life Jacket

It’s not enough to have the life jacket.  You need to make sure you have the right life jacket for your size, your activities, and the water conditions you might be encountering.

The Safe Boating Council has these guidelines:

Try It On

  • Check the manufacturer’s ratings for your size and weight.
  • Make sure the life jacket is properly zipped or buckled.
  • Raise your arms straight up over your head while wearing your life jacket and ask a friend to grasp the tops of the arm openings, gently pulling up.
  • If there is excess room above the openings and the life jacket rides up over your chin or face, it does NOT fit properly. A snug fit in these areas signals a properly fitting life jacket.

Fit Facts

  • It is extremely important that you choose a properly fitting life jacket.
  • Life jackets that are too big will cause the flotation device to push up around your face, which could be dangerous.
  • Life jackets that are too small will not be able to keep your body afloat.

Important Reminders

  • Make sure your life jacket is U.S. Coast Guard approved.
  • Double check that your life jacket is appropriate for your favorite water activities.
  • Take the time to ensure a proper fit. A life jacket that is too large or too small can cause different situational problems.
  • Life jackets meant for adults do not work for children. If you are boating with children, make sure they are wearing properly fitted, child-sized life jackets. Do not buy a life jacket for your child to “grow into.”

National Safe Boating Week: The Statistics

Why is Safe Boating Week important?  Here are the statistics from the Safe Boating Council.

All figures are from the U.S. Coast Guard’s 2012 Recreational Boating Safety Statistics, the latest official record of reported recreational boating accidents. The full report is available online at: www.USCGBoating.org/statistics/accident_statistics.aspx.

  • Drowning was reported as the cause of death in almost three-fourths of all fatalities.
  • Approximately 85 percent of those who drowned were not wearing life jackets.
  • In 2012, the Coast Guard counted 4,515 accidents that involved 651 deaths, 3,000 injuries and approximately $38 million dollars of damage to property as a result of recreational boating accidents.
  • Approximately 14 percent of deaths occurred on boats where the operator had received boating safety instruction.
  • Operator inattention, operator inexperience, improper lookout, machinery failure and excessive speed are the top five primary contributing factors in accidents.
  • Alcohol use is the leading contributing factor in fatal boating accidents; it was listed as the leading factor in 17 percent of the deaths.
  • Twenty-four children under age thirteen lost their lives while boating in 2012. Forty-two percent of the children who died in 2012 did so from drowning.
  • The most common types of vessels involved in reported accidents were open motorboats (47%), personal watercraft (19%) and cabin motorboats (15%).

National Recreational Boating Statistics

  • Fatalities: 651
  • Drownings: 459
  • Injuries (requiring medical treatment beyond first aid): 3,000
  • Boating Accidents: 4,515
  • Property Damage: $38,011,601
  • Number of registered recreational boats in the U.S.: 12,101,936

Unfortunately, Texas is the number 3 state for boating deaths and the number 4 state for boating accidents.

Remember to be safe.  Don’t let you or your family become another statistic.

 

 

National Safe Boating Week: Wear Your Life Jacket

http://www.iclipart.com/dodl.php?linklokauth=LzAzMS9iYXRjaF80Mi9MaWZlX0phY2tldF9SZXF1aXJlZF8yLmpwZywxNDAwMjY0OTgzLDI0LjczLjI0NC4yMTgsMCwwLExMXzAsLGE5MTc1NWM4YjYxNWQ5ZjYzZjAxOTFkNTdmNWVjYzc5/Life_Jacket_Required_2.jpgI’m going to talk about statistics later in the week, but I wanted to start with the most important safety advice for boating: WEAR YOUR LIFE JACKET.

U.S. Coast Guard statistics show that drowning was the reported cause of death in almost three-fourths of recreational boating fatalities in 2012 and that 85 percent of those who drowned were not wearing life jackets.

I know when I was a kid and my dad lived on Lake Austin, I couldn’t wait to turn 14 so I wouldn’t have to wear a life jacket.  Frankly, I was an idiot.  Too many things can easily go wrong if you’re not wearing your life jacket.  In most emergencies, you won’t have time to get life jackets out of storage and pass out to all your guests.  Or heaven forbid you hit your head on something and get knocked unconscious.  Wearing a life jacket in advance is the only way to protect you in those circumstances.

Don’t let your vanity cost you your life.

Insure.com’s Rating of Best Auto Insurance Companies

This week, Insure.com, the self-proclaimed independent consumer insurance website, released its list of Best Insurance Companies based on customer satisfaction rankings.  The company surveyed 3,835 customers of 15 large insurers in auto, home, and health insurance, and 14 in life insurance.

The survey asked about:

  1. customer service
  2. claims satisfaction
  3. value for price paid
  4. percent who plan to renew
  5. percent who would recommend the company

Based on their responses, the top auto insurance companies were:

  1. USAA
  2. State Farm
  3. Farmers
  4. GEICO
  5. Auto Club of Southern California
  6. Nationwide
  7. Liberty Mutual
  8. Allstate
  9. American Family
  10. The Hartford
  11. Erie Insurance Group
  12. Progressive
  13. MetLife
  14. Travelers
  15. Mercury General

It’s important to note, having sued drivers covered by most of these companies, I would have a different ranking.  My ranking would largely be focused on what company is most reasonable in willing to admit when their drivers caused a problem, and who are willing to protect their customers by making fair settlement offers when their customers do something wrong.

Using my criteria, I’d put USAA, GEICO, Liberty Mutual, and Hartford in a top group.  I’d put MetLife, Nationwide, Travelers and State Farm in a middle group.  I’d put Farmers, Allstate, Progressive, and Mercury in a bottom group.

My criteria is certainly different than that used in the survey, but I also think it’s an important perspective when you’re buying insurance.  Heaven forbid, if you do cause a wreck, you want to make sure your company protects you.  When the company doesn’t offer enough and forces a lawsuit to be filed against you, then that’s likely the insurance company not doing its job.

Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE FOUR: Looking Solely To Price And Not Knowing What You Are Buying

You see or hear many insurance companies saying that you can save money simply by switching insurance coverages.  But prospective buyers shouldn’t just look at the price.

Usually, the price is lower because you’re not comparing the same products.  The new insurance company may be offering lower limits, not selling you the same coverages, or excluding drivers who you may need covered.

You certainly don’t want to spend more than you have to, but you need to make sure you understand why the price differences exist.

Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE THREE: Getting Burned By “Excluded Drivers”

Generally, when you buy auto insurance, the policy will cover you, your family, or anyone else who has permission to drive your vehicle.  Thus, if you or your child or your best friend are driving and cause a wreck, the insurance will protect all of you. This is a big benefit.  You never know when you might let someone borrow your car for something.
But today, many insurance companies are starting to offer policies that exclude drivers.  It’s not unusual to see low cost companies have a long list of people who they don’t cover.  Indeed, some new policies only provide coverage to those people specifically identified.

These kind of policies don’t provide near the protection that standard policies provide.  And they affect you in ways that you might not imagine.

Recently, we represented a woman who was estranged from her husband.  After they got back together, they were driving on a road trip.  Because she was getting tired, she let her husband driver her car.  While the husband was driving, they were in a serious wreck caused by an underinsured driver.

We settled the claim against the other driver and then pursued a claim against her underinsured driver coverage.  But the UIM carrier denied the claim because the husband, who was estranged when the policy was purchased, was specifically excluded under the policy.  Even though who was driving made no difference in whether the wreck would occur or how it occurred, the fact that the driver was excluded deprived my client of her needed benefits.

When you’re purchasing your insurance, make sure you understand the true implications of potentially excluded drivers.

Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE ONE: Purchasing Minimum Insurance

Most people think they only need to purchase the minimum insurance required by Texas law.  This is a huge mistake.

Generally, the more assets you have, the higher insurance you should purchase to make sure you’re protecting you and your assets.  But most people should consider purchasing significantly more than the minimum limits.

For property damage, the minimum required by the law is $25,000.00.  But today, the average new car costs over $30,000.00, and the prices go much higher than that.  If you are just purchasing the minimum limits, you are still leaving yourself exposed to significant liability should something happen.

Similarly, for personal injury claims, the minimum coverage is $30,000.00.  That might sound like a lot.  But when considering the cost of health care, that’s a small amount.  Whether you’re talking about liability insurance, protecting you against someone else’s claim, or uninsured/underinsured, protecting you and your family, a simple hospital visit might exceed that cost.  In that instance, by purchasing the minimum limits, you will have done a good job protecting the hospital or your health insurance company, but you won’t have done a good job protecting yourself.

People’s situations differ, but I generally recommend people purchase at least $100,000/$300,000 for personal injury claims and $50,000 for property damage claims for both liability and uninsured/underinsured motorist coverage.  However, many people will be in a position where I’ll recommend much higher amounts.

Perlmutter & Schuelke, LLP maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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