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

Dallas Police Chief Eddie Garcia confirms that Officer Jacob Arellano died this morning as a result of his injuries in a head on collision Tuesday night. Arellano was struck by a wrong way driver just before midnight while on his way to work in southern Dallas.

It is with a heavy heart that I share that, after a brave fight, @DallasPD Officer Jacob Arellano, died this morning as a result of his injuries sustained in the head on collision. Please keep Jacob, his son, his girlfriend, and his family in your prayers. Rest easy brother…

— Eddie Garcia (@DPDChiefGarcia) October 12, 2022

The crash happened at the Spur at West Kiest Boulevard. Police said the wrong-way driver hit the front left side of the officer's SUV, forcing it to go into the right lane and get hit by a tractor-trailer. The SUV rolled several times before stopping on the right shoulder of Spur 408.

The wrong-way driver was also hospitalized in critical condition. The tractor-trailer driver wasn't hurt.

According to the Texas Department of Transportation (TXDOT), November 7, 2000 was the last deathless day on Texas roadways.

That is 21 years of daily deaths on our roadways with more than 75,000 lives lost to preventable, fatal crashes. More than 4,480 people were killed on Texas roads in 2021, making it the second deadliest year since TxDOT began tracking fatalities in 1940. Sadly, 1981 was the deadliest year with 4,701 fatalities.

The increase in fatalities in Texas last year reflects a deadly trend nationwide. An estimated 20,160 people died in motor vehicle crashes in the first half of 2021, up 18.4% over 2020. In Texas, traffic fatalities were up 15 percent from 2020-2021.

Changing driver behavior is one of the most important solutions. In 2020, nearly one in five crashes on Texas roads were caused by a distracted driver. In 2021, a total of 1,522 people were killed because of speed, and a total of 1,219 people were killed because they were not wearing a seat belt. These distractions and decisions could have easily been prevented and 2,741 lives could have been saved.

East Texas, in particular - the Atlanta District, is seeing a steady increase in fatal crashes. That district also led the state in the number of roadway deaths per vehicle miles traveled in 2020. The TxDOT Atlanta District covers Bowie, Cass, Camp, Harrison, Marion, Morris, Panola, Titus, and Upshur Counties. Officials say speed is one of the top reasons for the increase.

"Drivers are running red lights, they’re driving way too fast on roads that cannot accommodate those speeds, and drivers are distracted and not wearing seat belts,” Wells said. “Drivers need to make paying attention, buckling up, and slowing down a habit. This is something they can do every day to ensure that everyone gets home safely.”

TxDOT launched a campaign called #EndTheStreakTX in hopes that daily fatal crashes in the state will end. The campaign offers these tips to prevent distracted driving that can protect drivers on the road:

• Always give driving your full attention
• Pull off the road entirely and come to a complete stop before you talk or text
• Put your phone away, turn it off, or adjust your settings to block texts and calls while driving
• Tell friends, family, and co-workers you won't respond to texts or calls while driving
• Remember that all distractions are dangerous, so pay full attention when behind the wheel

Glamorized in films like the Fast and the Furious franchise, video games, and other media, street racing at first glance seems exciting and can get adrenaline pumping. During the beginning of the 2020 COVID Pandemic, street racers took advantage of the seemingly quiet streets causing a noticeable increase of illegal street racing and street takeovers.

Street takeovers are noticeably different from street racing, according to one Dallas local named Wikiii. Street takeovers occur when drivers block road access to streets or even major highways to perform slides and donuts on the road or in the middle of intersections amidst spectators. In the drivers' eyes, they are putting on a show. To many residents, government officials, and law enforcement, they are more than just a nuisance - they are a threat to public safety.

On average, 9 out of every 100,000 drivers has received a citation for street racing. Furthermore, nationwide the average number of vehicle-related deaths per 100,000 people in 2017 was 11.4, and the percentage of drivers that had accumulated a prior speeding violation was 11.31%.

Andrew Selsky from AP News reports:

"Jaye Sanford, a 52-year-old mother of two, was driving home in suburban Atlanta on Nov. 21 (2020) when a man in a Dodge Challenger muscle car who was allegedly street racing crashed into her head-on, killing her.

On New Year's Eve (2020) in Mississippi, drivers blocked traffic on an interstate highway in Jackson, the state capital, for an hour while they spun out and did donuts, etching circles in the pavement.

On the night of May 2 (2021), a 28-year-old woman was killed in Phoenix when a street racer crashed into her car. A man was arrested on suspicion of manslaughter.

Police in Albuquerque, New Mexico, handed out thousands of tickets for speeding and racing since a crackdown began in October.

In Denver, police have deployed a helicopter to track races, closed lanes often used by racers and sent officers to places where racers meet. On April 3, a mother was killed when a street racer broadsided her car in downtown Denver.

In one of the most notorious incidents, hundreds of street racers clogged a stretch of interstate in nearby Aurora on March 7 while they raced and cruised. Police warned other motorists to stay away amid reports of guns being brandished and fireworks going off."

Why is illegal street racing so dangerous?

• Intoxication - along with the fast cars comes a scene of people known to engage in drinking (sometime underage) or using illegal substances which can seriously impair ones judgment behind the wheel.
• Pedestrians & Onlookers - Groups of people are know to spectate at these races and because of the legality of street racing, there are no repercussions to keep these onlookers or passersby safe from someone who could potentially lose control of their vehicle.
• Disregard of Traffic Signals - Street racers often have no regard for traffic lights, stops signs, yields or anything in between. This not only endangers those involved in street racing but other drivers and pedestrians as well.
• Dangerous Speeds - Racing obviously indicates high speeds however speeds that range anywhere from 100 MPH and 200 MPH are significantly more dangerous on residential roads. These speeds give drivers less reaction time to avoid other driver, pedestrians, and anything else in their path and present a high chance of a serious collision.

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.