In the event that negotiations fall through and a settlement cannot be reached, your case may need to be tried in front of a judge and jury.

If or when it is clear that the insurance company is unwilling to cooperate despite clear evidence of their insured's negligence, your attorney will file a lawsuit against the defendant.

It's very important to remember that your attorney would be suing the person that harmed you - not the insurance company. The insurance company will try to settle on behalf of their insured or they will hire lawyers to defend their insured in a lawsuit.

Did you know that in a trial we are not allowed to disclose that the defendant has insurance?

It's true! Even though it is fairly common knowledge that motorists are required to carry liability insurance, we are not allowed to mention it. This is so that the jury is not swayed into thinking the defendants can or cannot pay the potential amount the jury might award to the plaintiff.

This is a result of the power that the insurance lobby has over Texas law. That's a big win for the insurance companies but not always for the injured party. Insurance can prey on the sympathy the jury might feel for the defendant's ability or inability to pay for the plaintiff's damages.

On top of that, we have to pretend as if the defendant will be paying out of his or her own pocket for any potential verdict even though it is the insurance company who will pay.

What can I do as a passenger in an accident?

It's important that passengers take the right steps after an accident to protect their potential claim. It may seem awkward to request insurance information if the at-fault driver is a friend, co-worker, or relative. However, that is exactly what liability insurance is for.

• Take pictures of the scene and any visible injuries on your person
• Collect the insurance information from all drivers involved
• Get checked out by a doctor to make sure there were no internal injuries
• Document your lost wages and medical treatment received due to the accident
• File claims with all insurance companies, including your own if you have one
• Consult with a personal injury attorney

Never tell an insurance company that you were not injured

You may seem fine at first, but car wrecks often leave behind latent injuries that can take days, weeks, and in some cases, months to fully manifest. In fact, do not discuss your injuries with the insurance company at all.

Insurance companies are skilled in asking questions that have hidden legal implications in order to minimize your pain and suffering. Even everyday questions, such as "How are you?", can be used against you.

You should refrain from discussing your injuries until you have completed any treatment plans outlined by your doctor. It is best to consult with a personal injury attorney who can handle these conversations on your behalf and file a lawsuit to protect your rights.

Why would I file a claim on my own insurance if I was the passenger in someone else's car?

You may have additional coverage on your own auto insurance policy, such as Personal Injury Protection (PIP) or Uninsured and Under Insured Motorist (UM/UIM), which can be critical if the at-fault driver does not have insurance or does not have enough insurance to cover your injuries.

When in doubt, it is always best to call the police to make a report.

Once a police officer arrives, their job is to be a neutral third party and to document as much evidence as possible, including date, time, weather conditions, vehicle damages, injuries, identifying information for the individuals involved, witness statements, and video evidence (when available).

Based on the evidence collected, officers will typically assign contributing factors to determine who is at fault or majority at fault.

Unfortunately, officers can make mistakes on these reports.

We have seen them all and they do occur more often than you may think. If the law enforcement officer got some objective information wrong, details about your vehicle, your insurance coverage, or the location of the accident, for example, you can probably get the report changed or amended as long as you provide documentation in support of the correction.

Critical errors, such as an officer attributing fault to you because of a misunderstanding, the officer siding with the other driver, assigning contributing factors to the wrong party or not obtaining a statement from an involved party, may require more effort on your part to have corrected, though, not impossible.

It is not always easy to get a police officer to change a report.

If you simply don't agree with something that is in the report, such as an account of the accident given by a witness, or the officer's finding that you violated a traffic law, you'll have a much tougher time getting any change made.

In that situation, the best you can probably do is write up your own version of the detail you are disputing and hope that it be included as a supplement to the report. In most cases, whether it is added to the report or not will be up to the law enforcement agency.

Contact the police officer or police department responsible for making the report.

Once you have gathered your facts and details, it is time to contact the police officer or department to request the report be updated or changed. Remember:

• Stay calm and be polite, patient, and professional.
• Be sympathetic and tell them you understand their job isn't easy.
• Don't take the issue to a supervisor unless absolutely necessary.
• Understand the officer may be in a contested situation in which both drivers want the report changed.
• Calmly provide your facts and information in an organized manner.

If you find you are not getting anywhere with the police officer or department, it may be time to consult with an attorney regarding your personal injury case.

You may be entitled to compensation if you’ve been injured because of the negligent driving of an intoxicated driver. You have an additional right to sue any establishment that served the driver alcohol. This is a legal statute known as DRAM shop law.

It can be challenging to navigate the legal process alone, but with the help of a DWI accident attorney, you may be able to receive compensation for your injuries.

The legal process will begin by filing a personal injury claim against the intoxicated driver. You will need some documentation from your medical provider in order to document your damages. Your attorney can help you file this claim and will walk you through all the various forms needed for your case.

Under Texas law, a vendor of alcoholic beverages may be held liable for damages caused by an intoxicated person if the vendor served or provided alcohol to the individual when it was apparent that they were obviously intoxicated. The law applies not only to bars and restaurants but also to other vendors of alcohol, including liquor stores and convenience stores.

DRAM shop law does not relieve the intoxicated person of personal responsibility for their actions, nor does it excuse the victim's own negligence or fault in causing the injury or damages. The law does not apply if the individual who was served alcohol was a minor.

Due to the complex nature of car wrecks caused by drunk drivers, you should consult with a personal injury lawyer who can advise you on your legal rights and options under Texas law.

Happy St. Patrick's Day!

St. Patrick’s Day is one of the top 10 most popular drinking holidays. While this is a fun and festive holiday that many Irish and Americans celebrate, bar crawls, parties, and fun celebrations can also be a recipe for disaster if even one person decides to drink and drive.

According to National Highway Traffic Safety Administration (NHTSA), in 2016, 60 people were killed in drunk-driving crashes over the St. Paddy’s Day holiday period. Between 2016 and 2020, 287 people lost their lives in drunk-driving collisions over the holiday period. During the 2020 St Patrick's Day period, 36% of motor vehicle crash fatalities involved drunk drivers. This is an unfortunate reality for this holiday and one that is preventable if you are prepared. 

Tips for Safely Celebrating St. Patrick’s Day:

• Transportation - Selecting a designated driver is a great way to make sure you and others make it to-and-from events safely when drinking. If you can't find a designated driver, consider ride sharing such as Uber or Lyft, or even local transportation. 
• Share your location - tell your most trusted friends and family where you plan to be just in case you are involved in an accident and are unable to contact them. Many smartphones allow you to share your phone's location with friends or family so it is one less worry for them and you!
• Know your limit - Knowing how much alcohol you can safely consume before becoming impaired and irrational can save your life and the lives of others.
• Practice defensive driving - even if you do not plan to celebrate, make sure you are attentive while driving. Just because you are sober, does not mean other drivers are.
• Speak up and step in - Many people, even friends, may insist they are "fine to drive" when they are not. Keep track of your friends alcohol consumption, do not let them get behind the wheel.

Injured in an auto accident? Call Stanley & Associates

If you have been injured in an auto accident in or around Dallas, contact Stanley & Associates for your free case consultation. Stanley & Associates has represented clients across Texas and throughout the United States for over ten years. Our firm has successfully won thousands of cases during this time.

Our Dallas car accident attorneys are available 24/7 to assist you. We work on a contingency fee basis, which means no fee unless we win.

How long you can keep a rental depends on a variety of factors. Those factors may include:

• The severity of the accident.
• The amount of time it will take for repairs to be completed.
• The terms of your rental agreement with the rental company.
• The terms of the insurance company paying for the rental, where applicable.

In many cases, the rental company or insurance provider will cover the cost of a rental car for the duration of repairs to your damaged vehicle, up to a certain limit. This could range from a few days to a few weeks or even longer.

If you need the rental vehicle longer than the time allowed by your rental or insurance agreement, you may need to pay out-of-pocket to extend the rental duration. If the damage to your vehicle is extensive, it may take longer to repair, which could result in a longer rental period.

Read: Do I need GAP insurance? Is it worth it?

Additionally, if the accident was not your fault and you are waiting for the other driver's insurance company to cover the cost of the rental, the length of the rental period could depend on how fast the other driver's insurance company processes your claim.

There are scenarios in which you may have to pay out-of-pocket to obtain a rental car, such as:

• You didn't have rental assistance on your own policy
• The at-fault party did not have insurance coverage
• The at-fault party's insurance company is disputing liability

It's important to review the terms of your rental agreement or insurance policy to determine the specific length of time and dollar allowance per day you are entitled to for a rental car. Your rental or insurance agent will be able to answer questions or concerns about the terms of your rental car.

To obtain a rental, you will need to file a claim against the at-fault driver's insurance and check your insurance policy to see if you have rental coverage.

After an accident, insurance companies will conduct an investigation to determine who caused the accident. In the best-case scenario, the at-fault party's insurance company will accept liability right away and their insurance company will cover the cost of a rental vehicle.

More often than not, liability may be disputed. This means that one or both insurance companies need more evidence to determine who exactly caused the accident.

If this happens to you, you may need to use your own rental coverage on your policy to get into a rental car ASAP. If you don't have the coverage on your own policy or can't afford to pay for a rental out-of-pocket, you will have to wait until the at-fault party's insurance company accepts liability.

This also means that if you did not have rental assistance on your insurance policy and the other person was uninsured, you will be responsible for obtaining your own rental vehicle.

How long will I have a rental car after an accident? Read more.

PEARLAND, Texas — Five people were killed, including one juvenile, on Saturday in a crash involving two cars in a south Houston suburb, authorities said.

At about 7:28 p.m., officers responded to a two-vehicle crash in the 14700 block of State Highway 288 southbound Frontage Road, according to the Pearland Police Department.

Investigators said two cars were going southbound from Beltway 8 to Shadow Creek Parkway when a red vehicle speeding hit another car, causing it to roll over and ejecting four of the five people inside.

Officials said three of the five passengers, including one juvenile, were pronounced dead at the scene.

The fourth and fifth passengers were transported to the hospital, according to police.

The fourth passenger was pronounced dead at the hospital from the injuries sustained, and the fifth passenger is currently being treated for injuries.

The driver of the red vehicle was transported to the hospital, where officials said they were pronounced dead.

Two juvenile passengers of the red vehicle were also transported to the hospital and are being treated for their injuries, police said.'

Source: KTRK-TV

Wichita Falls, TX -- A Dodge Caravan was stopped on the road because of a mechanical problem when it was hit from behind by a GMC Denali. The force of the crash pushed the van into a telephone pole.

Wichita Falls Police are investigating the crash that occurred around 6:30 am Friday morning on Southwest Parkway near the intersection of Elmwood Avenue.

Sergeant Eipper says the driver of the Denali was not injured. All of the injures came from the occupants of the Caravan. The injured include a 25 year old female, a five-year-old and a two-year-old.

Eipper says the youngest victim suffered a severe head injury and was flown to Cook Medical Center in Fort Worth.

Source: KAUZ, CBS News Channel 6

Beaumont, TX -- A family of 11 from Henry County, Georgia, is mourning the loss of an 11-year-old boy after their car flipped while driving in Texas.

According to the Texas Department of Public Safety, 36-year-old Jamel Madison was driving his wife, 35-year-old Tracey Moseley, and nine children down I-10 near Beaumont, Texas just before 6 a.m. on Sunday morning.

The family was traveling in a Chevrolet Trailblazer SUV when another car changed lanes and cut the SUV off. Officials say Madison swerved to avoid hitting the car, but crashed into the concrete barrier, causing the car to flip.

Family members say 11-year-old Robert died in the crash. They also say one of the couples’ daughters is paralyzed from the neck down and another of the daughters suffered a slipped disk.

All ten survivors of the crash were taken to the hospital for treatment after the crash.

The eight surviving children are between the ages of three and 16.

Family members also say the family’s vehicle was totaled in the crash.

A GoFundMe campaign has been set up to help the family with medical and funeral expenses.

Source: WSB-TV