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Hit by a drunk driver?

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.

Injured by a drunk driver? Call Stanley & Associates, Texas Injury Attorneys

If you or a loved one have been injured in a car wreck due to a drunk driver, contact Stanley & Associates for your free case consultation. We have represented thousands of clients across Texas and have over a decade of experience.

Our Texas car accident attorneys are available 24/7 to assist you. We work on a contingency fee basis, which means no fee unless we win. Call 844-227-9739

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.

Don't ignore the pain. Know when to hire an attorney.

Car accidents can be very disruptive to your everyday routine. Personal injury attorneys know the ins and outs of the entire process and can develop the best legal strategy for you to win your case.

Stanley and Associates are there for you through the entire process.

When you're already in pain, the last thing you want to deal with is phone calls, paperwork, and arguing with insurance companies. Our team will file all claims for you, handle all communications with the insurance companies, and we work with many physicians to ensure you get the treatment you need.

Best of all, you don't pay us a single dime until we win your case. If we don't win, you don't pay! If you're ready to make a decision, contact us as soon as possible. We are available 24/7 via email or phone call. Call 972-833-8000 today!

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.

Don't ignore the pain. Know when to hire an attorney.

Car accidents can be very disruptive to your everyday routine. Personal injury attorneys know the ins and outs of the entire process and can develop the best legal strategy for you to win your case.

Stanley and Associates are there for you through the entire process.

When you're already in pain, the last thing you want to deal with is phone calls, paperwork, and arguing with insurance companies. Our team will file all claims for you, handle all communications with the insurance companies, and we work with many physicians to ensure you get the treatment you need.

Best of all, you don't pay us a single dime until we win your case. If we don't win, you don't pay! If you're ready to make a decision, contact us as soon as possible. We are available 24/7 via email or phone call. Call 972-833-8000 today!

Never give a statement or sign anything without consulting with an attorney first. Even a greeting, such as "how are you doing today?", can be used to make it sound like you weren't hurt at all. In some cases, they'll try to place the blame on you!

Insurance adjusters are trained to use anything you say to diminish the value of your case. Attorneys are here to make sure that they don't. You should hire an injury attorney as soon as possible and refer all questions about your injuries to your attorney. #CallMyLawyer

Our attorneys know that insurance adjusters are not there to help you. They are there to protect the company and their own interests. They will try to get you to settle for less than what you deserve and they don't care if you get the medical treatment you need.

Don't ignore the pain. Know when to hire an attorney.

Car accidents can be very disruptive to your everyday routine. Personal injury attorneys know the ins and outs of the entire process and can develop the best legal strategy for you to win your case.

Stanley and Associates are there for you through the entire process.

When you're already in pain, the last thing you want to deal with is phone calls, paperwork, and arguing with insurance companies. Our team will file all claims for you, handle all communications with the insurance companies, and we work with many physicians to ensure you get the treatment you need.

Best of all, you don't pay us a single dime until we win your case. If we don't win, you don't pay! If you're ready to make a decision, contact us as soon as possible. We are available 24/7 via email or phone call. Call 972-833-8000 today!

In a jury trial, the defendant (at-fault, negligent party) always has insurance on their side.

The defendant's lawyers are provided by their insurance company to defend them from the lawsuit. However, during the trial - no one is allowed to even mention that insurance companies are involved. You can't even say the word "insurance" for fear of a mistrial.

This is one of the best kept secrets helping the insurance companies maintain their position as one of the most profitable industries in the world! Insurance companies are not keen to let this information out to their customers.

Even though liability insurance is a requirement in Texas, insurance companies don't want people to know that the defendants in a jury trial have liability coverage in case they are ever sued to avoid paying out big awards to the plaintiffs (injured victims).

They are preying on the sympathy of the jury - hoping they will assume the defendant can't possibly pay a big settlement on their own even though it is the insurance company who will pay.

Have a question of your own? Email us at info@seriousinjury.legal OR reach out to us on social media.

Injured by a drunk driver? Call Stanley & Associates, Texas Injury Attorneys

If you or a loved one have been injured in a car wreck due to a drunk driver, contact Stanley & Associates for your free case consultation. We have represented thousands of clients across Texas and have over a decade of experience.

Our Texas car accident attorneys are available 24/7 to assist you. We work on a contingency fee basis, which means no fee unless we win. Call 844-227-9739

Responsible drivers will own their mistakes and should carry insurance to protect themselves and their passengers. We always recommend consulting with a personal injury attorney about your specific circumstance after a serious car accident.

In the best-case scenario, your driver has insurance.

You do not need permission from the driver in order to file a claim against them as their insurance company will be the ones responsible for paying for the damages they caused. However, we understand that there could be hesitation to pursue a claim and potentially sue the driver if they are someone you know personally.

There could be several reasons why someone might be hesitant to sue their driver if they were a passenger in an at-fault vehicle:

  1. Relationship with the driver: The passenger may have a personal relationship with the driver, such as being a family member or close friend. This can create emotional conflicts and make it difficult for the passenger to take legal action against someone they care about.
  2. Financial concerns: The passenger may worry about the financial implications of suing the driver. They may fear that the driver does not have sufficient insurance coverage or assets to cover the damages, which could result in a lengthy and costly legal process with little chance of recovering compensation.
  3. Loyalty and guilt: The passenger may feel a sense of loyalty towards the driver and may not want to hold them responsible for the accident. They might also experience guilt, thinking that they contributed to the accident in some way or that they should have done something differently to prevent it.
  4. Fear of retaliation: In some cases, the passenger may fear potential retaliation from the driver or their friends and family if they pursue legal action. This fear can discourage them from taking any legal steps, even if they are entitled to compensation for their injuries.
  5. Lack of awareness of their rights: Some passengers may not be aware of their legal rights and options following an accident. They may not realize that they can seek compensation for their injuries and other damages, leading to hesitation in pursuing a lawsuit.

In the worst-case scenario, your driver was uninsured.

Causing an accident while uninsured means that the driver is subject to any monetary penalties, citations, punishments, and other consequences, such as a lawsuit. Though it is possible to win these types of lawsuits, it is important to keep in mind that someone who cannot afford insurance likely does not have any money or assets to pursue. So, even if you won, compensation could be minimal.

Ultimately, it is up to the passenger to decide if their physical and financial losses are worth suing the driver or not, regardless of relationship or loyalty.

If you decide that your injuries and financial losses are too much to handle on your own, call 844-CAR-WREX to consult with an attorney. Our law firm handles hundreds of injured passenger claims every year

Collateral insurance, also known as gap insurance, is a type of coverage that protects you financially in the event of a total loss or theft of your vehicle. It covers the difference between the actual cash value of your car and the amount you owe on your auto loan or lease. It does not cover any damages you may cause to other property or personal injuries.

How Does Collateral Insurance Work?

To understand how collateral insurance works, let's consider an example. Imagine you purchased a brand-new car for $30,000 and took out a loan to finance it. A few months later, unfortunately, your car gets stolen and is never recovered. At the time of the theft, you still owe $25,000 on your auto loan.

Without collateral insurance, your standard car insurance policy would only cover the actual cash value of the car at the time of the theft. However, due to depreciation, the actual cash value might be significantly lower than what you owe on your loan. This means you would still be responsible for paying off the remaining $25,000 even though you no longer have the car.

This is where collateral insurance comes into play. If you have this coverage, it will bridge the gap between the actual cash value and the outstanding loan balance. In our example, if the actual cash value of your stolen car is determined to be $20,000, collateral insurance would cover the remaining $5,000, ensuring that you are not left with a hefty loan balance to repay.

Is Collateral Insurance Necessary?

While collateral insurance is not legally required like liability insurance, it can provide valuable protection for car owners, especially those who have financed their vehicles. If you have a car loan or lease, collateral insurance can offer peace of mind by safeguarding your financial interests in the event of a total loss or theft.

How Can You Obtain Collateral Insurance?

Collateral insurance is typically offered by car insurance companies as an optional add-on to your existing policy. It's important to note that not all insurers provide this coverage, so it's worth checking with your insurance provider to see if they offer collateral insurance and what the terms and conditions are.

Understanding Disability Income

Before delving into the impact of settlements, let's first clarify what disability income entails. Disability income refers to financial assistance provided to individuals who are unable to work due to a qualifying disability. This assistance can come from various sources, such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Impact of Settlements on Disability Income

When it comes to settlements, the effect on disability income depends on the specific type of benefit you receive.

1. Social Security Disability Insurance (SSDI)

If you are receiving SSDI benefits, a settlement generally does not affect your monthly payments. SSDI is based on your work history and contributions to the Social Security system. Therefore, any settlement you receive should not impact your eligibility or the amount you receive in SSDI benefits.

However, it is worth noting that if you receive a large lump sum settlement, the Social Security Administration (SSA) may consider it as income for the month in which you receive it. This could potentially affect your SSI benefits if you also receive them.

2. Supplemental Security Income (SSI)

Unlike SSDI, SSI is a need-based program that provides financial assistance to disabled individuals with limited income and resources. If you receive SSI benefits and receive a settlement, it can affect your eligibility and the amount you receive.

The SSA considers any income or resources you have when determining your SSI eligibility and payment amount. This includes settlements. If you receive a settlement, it is crucial to report it to the SSA promptly. Failure to do so may result in overpayments and potential penalties.

The settlement amount will be evaluated by the SSA, and they will determine how it affects your SSI benefits. In some cases, the settlement may result in a reduction or suspension of your SSI payments until the funds are appropriately spent.

Seek Professional Advice

Navigating the complexities of disability income and settlements can be challenging. It is always advisable to consult with a qualified attorney or disability advocate who specializes in these matters. They can provide personalized guidance based on your specific circumstances and ensure you make informed decisions.

Conclusion

In Texas, the impact of a settlement on disability income depends on whether you receive SSDI or SSI benefits. While SSDI benefits are generally unaffected by settlements, SSI benefits can be impacted. It is crucial to report any settlements promptly to the SSA and seek professional advice to understand how it may affect your eligibility and payment amount.

Remember, this blog post provides general information and should not be considered legal advice. Each case is unique, and consulting a professional is essential to address your specific situation.

Petitions can be filed in various types of cases, including civil, criminal, family, or administrative matters. The content and format of a petition may vary depending on the jurisdiction and the specific legal issue at hand.

In civil cases, a petition typically includes the names of the parties involved, a clear statement of the legal issue or claim, and a request for relief or remedy. This allows the petitioner to present their side of the case and ask the court for a resolution. For example, in a personal injury case, the petitioner may file a petition seeking compensation for their injuries.

In criminal cases, a petition may challenge a conviction or sentence, or request a pardon or commutation. This gives the petitioner an opportunity to bring attention to any errors or injustices that may have occurred during the trial or sentencing process. For instance, a person who believes they were wrongfully convicted may file a petition to have their case reviewed by a higher court.

Family law petitions often involve matters such as divorce, child custody, or adoption. These petitions allow individuals to formally request the court's intervention and decision on these sensitive and important issues. For example, a parent seeking sole custody of their child may file a petition outlining their reasons and requesting the court's consideration.

Administrative petitions, on the other hand, challenge decisions made by government agencies. These petitions provide a means for individuals or organizations to contest a decision that they believe is unfair or unlawful. For instance, if a business owner disagrees with a regulatory agency's decision to deny them a permit, they may file a petition seeking a review of the decision.

Regardless of the type of case, filing a petition is an essential step in the legal process. It allows individuals to assert their rights and seek resolution through the court system. By formally presenting their request or application, petitioners have the opportunity to have their case heard and considered by a judge or legal authority. This is an important avenue for seeking justice and finding a resolution to legal disputes.

don't speak to the insurance company

protect your rights and speak with an attorney first

Insurance companies are not looking forward to helping you get better or paying for your damages. They will say and do anything to avoid paying you what you deserve! Hiring an attorney is a great motivator and puts the insurance companies on notice. We're on YOUR side!

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Note: An attorney-client relationship is not formed when calling the number on this site or filling out a form. By submitting your information, you are not entering into a contract with Stanley & Associates, or its attorneys, nor does the firm promise to accept  your case or guarantee any results as it pertains to the outcome of your case.
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