Personal Injury Frequently Asked Questions
Involvement in a motor vehicle accident can leave you with numerous questions. Browning & Hernandez lawyers strive to be as responsive to your questions as possible, but we understand that you may want to reach those answers on your own. We hope you find the frequently asked questions below helpful in addressing your concerns. For additional information specific to your case, please contact us.
Auto accident questions
- What if I think I was partly at fault for the accident? Should I admit it?
- Can I handle negotiations with insurance companies myself?
- Must I comply if the other driver’s insurance company demands that I make a statement under oath and provide access to my personal medical and employment information?
Trucking accident questions
- What state and federal regulations governing commercial trucks are relevant to a claim for damages?
- Is the scene of a commercial truck accident handled differently than that of an accident between private motorists?
Motorcycle accident questions
- If a car turns left in front of me, causing a collision, is the driver automatically liable for damages?
- If my accident is caused by the terrain — e.g., slick steel plates covering roadway excavation, ruts beside street rail tracks, etc. — can I recover for my injuries?
Click here to access questions and answers on property damage matters.
Contact Browning & Hernandez today
At any time you are injured or a loved one suffers a wrongful death, you have a reliable resource at Browning & Hernandez. Call 972.638.8143 or contact us online today to schedule your free initial consultation to discuss your injury case.
What if I think I was partly at fault for the accident? Should I admit it?
Anyone involved in an accident is going to feel regret at the avoidable loss of property and physical injuries. That said, you should not make any incriminating statements if you have been involved in an accident. Accidents are often chaotic and confusing, and even the participants may not have a complete picture of what the causes were. As an investigation unfolds, you may learn details about the other driver that you didn’t know, which may indicate contributory fault. If you are overcome with sympathy, neutral statements are much better than apologetic ones. Saying, “I’m so sorry!” may lead to being even sorrier when fault is determined.
Can I handle negotiations with insurance companies myself?
Negotiating with professionals in a highly secretive industry can be frustrating and rarely yields the level of result you would get from letting a professional advocate on your behalf. Contact Browning & Hernandez to schedule your risk-free initial consultation.
Must I comply if the other driver’s insurance company demands that I make a statement under oath and provide access to my personal medical and employment information?
Your personal injury attorney should know just how limited the other party’s right is to your information and will not let the defense investigate every aspect of your life. Your lawyer can accompany you during any questioning and shield you from the type of badgering that might induce you to make statements against your interest and diminish the value of your case.
What state and federal regulations governing commercial trucks are relevant to a claim for damages?
The Federal Motor Carrier Safety Administration, a division of the U.S. Department of Transportation, sets national regulations for commercial carriers. Each state has its own enforcement entity charged with overseeing commercial carriers. These rules are numerous and complex, requiring vast experience to master. In order to collect on a claim for damages, the plaintiff must prove that another party is partially or wholly at fault. A familiarity with the relevant laws is important — failure to comply with regulations can be seen as contributing to the accident.
Is the scene of a commercial truck accident handled differently than that of an accident between private motorists?
Commercial drivers have a higher level of responsibility on the road than other drivers, and collision cases unfold differently according to the law. Because of the higher potential for bodily harm and property damage, the interplay of federal and state regulations, and the more intricate and technical requirements to reconstruct a trucking accident, the scene of a truck accident gets greater immediate scrutiny than the average passenger car collision. There are generally more police and emergency responders present, and there is an increased effort to document the scene and collect evidence.
If a car turns left in front of me, causing a collision, is the driver automatically liable for damages?
When a car turning left cuts off the flow of traffic resulting in an accident, the presumption is against that car, but the driver is not automatically liable. The turning car may have had a green arrow giving them the right of way, or the oncoming vehicle may have run a red light or been speeding. An experienced personal injury lawyer can sort out the conflicting versions of the accident and present a persuasive reconstruction in favor of his client.
If my accident is caused by the terrain — e.g., slick steel plates covering roadway excavation, ruts beside street rail tracks, etc. — can I recover for my injuries?
Poorly maintained roadways are a leading cause of motorcycle accidents. Where dangerous road conditions exist, the responsible authority may be liable. Our qualified personal injury attorneys visit the accident site, research the maintenance records and hold responsible parties accountable for their negligence.
