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One of the most important tasks after a car accident is determining fault. After all, the at-fault party’s insurance provider is usually liable for paying the expenses that accident victims have after a crash. This makes figuring out who is at fault critical for every car accident case.

As you might imagine, this process isn’t always simple. In many cases, even when you’re sure the other driver caused the accident, they’re unlikely to admit it. This is why you need a car accident lawyer to prove fault, with some help from the evidence you can collect from the accident scene.

What Evidence Can You Provide to Assist with Determining Liability?

You might remember someone speeding toward you right before the crash, so maybe you’re sure the other driver was at fault, but you need evidence to prove this. Otherwise, the other driver can deny it. In that case, you may have to wait for the police to conduct a lengthy investigation that involves examining skid marks on the road and talking to witnesses.

This is why it’s critical for you to collect evidence directly after a car accident. The more proof you have of how the accident happened, the better. Right after the crash, you should take videos and pictures of the damage to your car, your injuries, and traffic signals and signs in the area. You should also get contact information for witnesses. Your car accident lawyer from Houston can use this evidence to help determine fault.

How Will Additional Evidence Help?

If you couldn’t take pictures or talk to witnesses, don’t worry. Your car accident attorney can gather evidence after the crash, too. Some accident victims are too wounded to collect evidence before getting medical attention. This is where your lawyer can come in and help.

When you hire a legal team, they will ask for any photos, videos, and witness information you have. Then will then move on to other sources for additional information, such as medical records that show how severe your injuries were, and the police report to look at how the accident occurred. They can also request footage from nearby traffic cameras. Putting all this evidence together can explain how the crash happened and who is at fault.

Why Should You Hire a Car Accident Lawyer?

As you can see, determining liability is often a collaborative effort, not something you can easily do alone. Even if you take pictures and videos of the accident scene to send to insurance, the at-fault driver is likely to fight back and insist they’re not to blame.

This is why you will need a legal professional on your side to acquire and scrutinize all evidence. If you’re ready to get the help you need determining liability, call our law firm at (713) 489-4270 to talk to trusted car accident lawyers.

In personal injury claims, video camera footage can be vital evidence to prove who is liable for your injuries. It is common for liability to be heavily disputed by insurance companies and the parties involved. If you believe that another party’s negligence was the cause of your accident and you have video evidence, it can help set the record straight.

How Video Footage Can Prove Negligence

Video cameras are everywhere today, from red light cameras at intersections to security cameras in stores, office buildings, parking lots, dash cams, doorbells, and of course, on phones. Camera footage can be a powerful piece of evidence if it shows the actual incident as it occurred and supports your claim regarding the type of injuries you sustained.

When proving a personal injury claim, you must be able to establish that the at-fault party was negligent or breached their duty of care by failing to keep you safe from harm. For instance, a driver breaches their duty of care by driving while intoxicated; a business owner breaches their duty to keep their premises reasonably safe for visitors by failing to maintain sidewalks, etc.

Whether a duty is owed to an injured person is fairly straightforward in most cases and typically isn’t contested.  However, whether a party was negligent or breached their duty is almost always challenged. Evidence of negligence often hinges on the injured person’s testimony and credibility. However, video camera footage of the accident can support your claim that the other party is responsible for damages due to their negligent actions or lack thereof.

How To Obtain Video Camera Footage of Your Accident

If you believe there is video camera footage of your accident, any evidence captured on those cameras is owned by either public or private entities. They are typically only kept for a short time, possibly as little as 72 hours, before being deleted or copied over. Since it is essential to collect video evidence as soon as possible and you need to seek medical attention immediately, a personal injury attorney is the best person to coordinate the request process before the footage of your accident is erased. They can assist you with:

• Determining where and if there are any traffic cameras or businesses with security cameras near the accident scene.
• Contacting the parties who own and operate the cameras.
• Completing any forms and information required to obtain the video footage.
• Reviewing, storing, and sending the correct video files, as well as determining if they will support your injury claim.

Police are not required to disclose the location of traffic or security cameras that are near where your accident took place. They also do not have to provide evidence for your personal injury case, other than a police report.

Our Houston Personal Injury Lawyers Are Ready to Help

Liability in personal injury cases is rarely cut and dry. Don’t wait to speak with one of our personal injury lawyers so we may begin investigating immediately and collect any video camera footage that is available to support your claim. Call (855) 545-1777 and schedule a free consultation today.

The Move Over/Slow Down law in Texas requires motorists to change lanes and take caution on the road when approaching an authorized emergency or service utility vehicle and personnel while they are stopped on the side of the road. It is designed to keep first responders, police officers, and TxDOT workers safe. Any driver who violates this law can face steep penalties.

What To Know About the Move Over/Slow Down Law in Texas

The Texas Move Over/Slow Down law (TTC § 545.157) specifically requires drivers to:

• Vacate the lane closest to the applicable vehicles stopped on the side of the road (if the road has multiple lanes traveling in the same direction) or
• Slow down to 20 mph below the speed limit. (If the speed limit is below 25 mph, the driver must slow down to 5 mph)

The original Move Over/Slow Down law was passed in 2003 and did not include service utility vehicles. As of September 1, 2019, service utility vehicles have been added, such as TxDOT vehicles, tow vehicles, power utility vehicles, and garbage and recycling vehicles. Along with police, fire, and EMS that are stopped on the side of the road with emergency lights activated.

Violations of this law can result in a fine of up to $200, and the fine increases to $500 if there is property damage. If violators cause bodily injury, they can be charged with a Class B misdemeanor, resulting in possible jail time and a maximum fine of $2,000.

Between 2016 and 2020, Texas DPS Troopers have been in 65 stationary crashes where either the Trooper or their vehicle was struck while stopped on the side of the highway doing their job.

How a Violation of the Move Over/Slow Down Law Can Impact a Car Accident Claim

While a Move Over/Slow Down violation can seem minor, it can cause significant repercussions in the event of an accident. If you are involved in a collision and cited for a Move Over/Slow Down violation, it will be particularly challenging to deny liability. If the other party can prove the accident would not have occurred if not for your negligence, then you will most likely be held responsible for the crash. Under Texas’ rule of comparative fault, you cannot recover compensation after an accident if you are found 51% or more at fault.

Common Defenses to the Move Over/Slow Down Law

Many times, factors like weather or traffic may prevent you from being able to safely move a lane away from vehicles parked on the side of the road. This has long posed a problem, as the specifics about what a driver should do in this scenario aren’t directly addressed. If you can prove that you were unable to move over or slow down, it may limit your liability for an accident.

Contact Us Today

If you or someone you love has been injured in a car accident that involved the Move Over/Slow Down law in Texas, call the Milano Legal Group. Our Houston car accident lawyer is here to help and fight for the compensation you deserve. Reach us online or call (713) 489-4270 today to schedule your free consultation.

A ridesharing accident is different from a typical car accident since liability isn’t always straightforward. Normally, an at-fault driver is responsible for resulting damages, but that can change if they were working at the time the accident occurs.

Who Can I File a Claim Against?

Both Uber and Lyft require drivers to have their own personal auto insurance policy and will only provide coverage themselves under certain conditions. Proving liability in these cases can be challenging since rideshare companies consider their driver’s independent contractors rather than employees. Because of the various factors that add complexity to rideshare claims, immediately contact a car accident lawyer who can help you determine liability and which party to file a claim against.

Uber Insurance Coverage

Uber provides coverage for their drivers, as follows:

• Offline or the Uber App is Off: only the driver’s personal insurance will apply to the accident.

App is On, and the Driver is “Available” or Waiting for a Ride Request: Uber’s contingent liability coverage applies, but only to the losses sustained by others who were injured or had their property damaged. This includes:

•  $50,000 in bodily injury per person
•  $100,000 in bodily injury per accident
• $25,000 in property damage per accident

The Uber driver must access their personal policy for their own injuries or vehicle damage.

Driver Has Accepted a Ride or Until Passenger is Dropped Off: Uber’s commercial insurance coverage applies, which includes:

• $1,000,000 per accident for property damage and bodily injury, and another $1 million if the other driver is uninsured or underinsured.
• Uninsured/underinsured motorist bodily injury, limits will vary by state.

Contingent comprehensive and collision:

• Up to the actual cash value of the car with a $2,500 deductible. (Effective 3/1/21)
• Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible.

Lyft Insurance Coverage

Lyft policies are similar to Uber, and they apply in the following situations:
Offline or Lyft App is Off: only the driver’s personal auto insurance applies.App is On, Lyft Driver is Waiting for a Ride Request: the driver’s private insurance will apply unless their insurance company refuses to cover it. In that situation, Lyft’s policy will cover:

• $50,000 per person for bodily injury
• $100,000 per accident for bodily injury
• $25,000 per accident for property damage.
• Driver Has Accepted a Trip or Until Passenger is Dropped Off: Lyft’s $1 million policy will apply to the collision.

What If Another Driver Hits Your Uber or Lyft Car?

When another driver crashes into your Uber or a Lyft vehicle, the at-fault driver’s insurance will apply. If you are injured as a passenger, you can file a claim with the other driver’s auto insurance company to cover your medical bills and lost income.

What If You Are Driving and An Uber or Lyft Car Hits You?

If an Uber or Lyft driver causes an accident, you may be entitled to compensation from both their personal auto insurance and the rideshare company. However, it will depend on if the driver was considered working at the time, and Uber or Lyft may be quick to deny responsibility in an injury claim.

Speak to a Qualified Attorney

If you have been injured in a Houston rideshare accident, contact the Milano Legal Group. We’ll help you decide the best course of action in your case. Call (713) 489-4270 for a free consultation today.

If you were injured in a car accident caused by a recalled part, you may be able to pursue compensation from multiple parties, including the manufacturer. In Texas, product liability laws make any person or entity involved in creating or marketing a dangerously defective product legally responsible for injuries that occur.

Who’s Responsible?

When a part or system failure results in an accident, you may have a viable case against the manufacturer. Recalls are issued to protect consumers from vehicle defects that endanger motorists or limit a car’s proper operation. However, a product recall does not protect them from being held liable, and defects often cause accidents long before the designer or manufacturer takes responsibility.

To have a viable case against the vehicle manufacturer, you must establish that the defective part caused your injuries. The most critical piece of evidence is the vehicle or part itself. Preserving it immediately after the crash is vitally important.

In many cases, you may be able to hold more parties accountable for the crash. The chain of distribution for cars, from designers and parts manufacturers to assembly plants and distributors, means that several parties have a responsibility to protect consumers from the effects of defective parts or design.

How a Vehicle Recall can Impact Your Injury Claim

Before an attorney can say whether your accident caused by a vehicle recall entitles you to compensation, some relevant questions must be answered.

• Did you know about the recall?  The first question is whether you even received notice of the recall. If not, then you cannot be responsible for not knowing that your vehicle needed to be serviced to correct the defective part.
• When did you know about the recall?  Assuming you did receive notice of the recall, the next question is when you received it in relation to the crash.  If the notification came the day before, then it is less likely that you can be at fault for failing to correct the defect. On the other hand, if you’ve known for months, you may be partially responsible for the accident, which can ultimately reduce your compensation.
• How clear were the instructions?  When you receive a recall notice, it should be accompanied by instructions telling you what must be done in response. In most cases, you will need to contact the local car dealership and schedule an appointment to have the defective part repaired or replaced.  A recall notice that does not provide clear directions may offset your failure to respond appropriately.
• How reasonable were your actions?  If you took appropriate action and the accident still occurred, then the failure to fix a defective part should not impact your case. For instance, if the dealership tells you to continue driving your car until the necessary parts arrive, then it may be difficult to place blame on you for an accident.

We Can Help

If you or a loved one has been injured in a Texas car accident caused by a defective part, contact Milano Legal Group. Our Houston Car Accident Lawyer can discuss your legal options in a free consultation. Message us online or call today (713) 489-4270.

As you pursue damages after a car accident, you might wonder what kind of evidence you will need to prove your case. The good news is that your car accident lawyer will have recommendations based on the details of the crash, as lawyers often turn to other professionals for help strengthening a claim.

More specifically, your lawyer might hire an accident reconstructionist to assist with your case. Accident reconstruction focuses on finding and analyzing data that can determine how and why the accident occurred. Take a look at how this process works and why you might need an accident reconstructionist for your case.

What Does an Accident Reconstructionist Do After a Car Crash?

When your car accident attorney hires an accident reconstructionist, the goal is typically to find out which driver caused the crash and how it happened. This requires the accident reconstructionist to collect a variety of data for analysis to determine the following details:

• How fast the vehicles involved were driving
• Whether a driver ran a red light or stop sign
• Whether a driver made an unsafe lane change or turn
• The condition of the roads at the time of the crash
• The condition of the cars involved, including vehicle defects or improper maintenance

Finding these answers may give your case the evidence necessary to identify the at-fault driver and pursue damages. If you think an accident reconstructionist could help your case, be sure to hire a lawyer who has worked with these professionals before.

What Information Does an Accident Reconstructionist Use to Form Their Opinion?

In the best case, an accident reconstructionist will have access to the scene of the accident to gather all evidence from the crash. However, this is not always possible, as the accident scene typically gets cleaned up quickly. The good news is that you can collect evidence to give your lawyer to hand off to the accident reconstructionist.

Some evidence that will help an accident reconstructionist includes photos and videos of the damage to your car and your injuries. You should also photograph the crash scene as a whole, as traffic signals and skid marks on the ground can tell an accident reconstructionist how the accident occurred. This professional can also get access to traffic camera footage, black boxes, your medical records, and witness statements.

What Can an Accident Reconstructionist Do for Your Case?

You might find that the at-fault driver who hit your car refuses to admit they caused the crash. They might even claim that you’re the at-fault driver. When this happens, it’s best to have hard evidence on your side, such as results from an accident reconstructionist’s investigation.

This can prove that the other driver made a careless decision on the road that caused them to crash into your car, resulting in property damage and injuries. If this sounds beneficial for your case, talk to a car accident lawyer from Tucson who works with accident reconstructionists. Contact our law office today at (713) 489-4270 to start your case.