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How to Get a Speeding Ticket Dismissed in Texas

Many drivers in Texas are unaware of their options to deal with a speeding ticket or other offense involving the operation of a motor vehicle or motorcycle. The most popular option is to take a defensive driving course to get your ticket dismissed. The information in this article deals specifically with the rules relating to Harris County in Houston.

Who is Eligible to Get a Ticket Dismissed?

In order to get your ticket dismissed you must have a valid Texas driver’s license or permit and proof of insurance. Active duty members in the military, their spouse and dependent children are also eligible. These requirements include most drivers, however there are specific exclusions that are important to understand.

You cannot request dismissal of your ticket if:

You are currently enrolled in a defensive driving course

Or completed the course in the 12 months prior to receiving your ticket

You hold a Commercial Driver’s License (CDL)

In addition, there are certain offenses that are specifically excluded, presumably because they are so egregious. Harris County doesn’t allow you to have your case dismissed if:

You were charged with passing a school bus that was stopped with lights flashing

You were speeding 95 miles per hour or more

You were speeding more than 25 miles per hour over the posted speed limit

You had an accident but left the scene, failed give information after an accident or failed to assist other parties who were involved in the accident

You were speeding in a construction or maintenance zone where workers were present

How do I Make a Request to Take the Driver Safety Course?

Time is of the essence if you want to get your ticket dismissed. You should do your research and use this link to the Harris County Justice Courts website to find out what you need to do. The first step is to enter a plea with the Court. You need to fill out the Traffic Citation Reply Form and mail it or bring it to the court for your appearance. In filling out the form you must:

Provide the required information (name, address, date of birth, driver’s license number, etc…)

Include a copy of the ticket

Select the option “I enter a plea of not guilty and waive a jury trial”

You can download a copy of the Traffic Citation Reply Form here. If you send in your form by mail, make sure you use certified mail with return receipt. You can find your appearance date on your ticket.

The second step is to submit to the court a Driver Safety Course Request Form. You can complete this form online or mail it in. It must be received by the court BEFORE your appearance date. When completing the form, you must:

Fill in the ticket number and your date of birth

Tick the checkbox “I request to take a Driver Safety Course”

Tick the checkboxes indicating that you meet the eligibility requirements

Fill in the defendant Information

If you are mailing your request you need to use certified mail with return receipt requested. This will ensure that you have proof that the request was received by the Court before the deadline. You can apply on the Harris County Justice Courts website.

Do you need a Lawyer when you go to Court?

You don’t need a lawyer to represent you if you’re going to court for a traffic ticket, in fact a public defender will likely be in court to assist you. You do have to show up on the date of your appearance and be in the court when your case comes up. It is a good idea show up an hour early. The court should already have your plea and your request to take a Driver Safety course. You should bring these items to court:

Copy of your Plea that you submitted

Copy of your Driver Safety Course Request Form

Copy of your drivers record

Your driver’s license

Proof of car insurance

The court proceeding will be very straight forward. The judge will call your case, you will state your name, the judge will review the traffic ticket you received and may ask questions about the incident. They will review your plea and see that you’ve requested to take the driver safety course to get your ticket dismissed.

The judge may ask if you are currently taking or have taken a driver safety course in the last 12 months. Respond to the judge saying “No”. The judge will approve you for the course and issue an Order from the Court that states you are permitted to take the course. You have 90 days to complete the course and present the related documents to the Court. The judge will also direct you to the Court’s administration office to pay the court fees which are $144.

If you have any questions about this process contact our attorneys for free advice. Our attorneys are experienced in all matters regarding car accidents, traffic violations, fines and court proceedings in Harris county and statewide in Texas. Call Fleming Law, P.C. 713-221-6800 or contact us online.

Finding a Driver’s Safety Course and Getting Your Ticket Dismissed

The best place to find a Driver’s Safety Course in Houston is by using the Texas Department of Licensing and Regulation website https://tdlr.texas.gov. Most of the courses are offered in class or online and the cost is around $45. Make sure you get a certificate of completion from the driving school or the motorcycle training provider. The certificate is required to complete the dismissal process.

In order to complete the process, you will need the following to present to the Court:

Driver Safety Course certificate of completion

A copy of your driver record

An affidavit stating that you were not taking a Driver Safety Course at the time your request was granted by the Court or had taken such a course in the 12 months preceding the date your request was approved

You can get a certified copy of your Texas driver record from the Texas Department of Public Safety and many Driver Safety Course schools provide you an affidavit along with your certificate of course completion. If you need to, you can create your own affidavit and get it notarized.

The affidavit must state its purpose, identify you fully with name and address, include a sworn statement of truth, statement of the facts (that you haven’t taken a Driver Safety Course before) and be notarized. For further details on creating an affidavit go to this website.

The three documents identified above need to be presented to the Court within the 90-day time period that began on the day you received an order from the Court allowing you to take the Driver Safety Course. You don’t have to appear in Court again, you can simply mail these documents to the Court, just make sure you keep copies for yourself. In two or three weeks after mailing, it is a good idea to call the Court and make sure they received your documents.

The Court now has everything they need to dismiss your case. All you have to do is make sure you don’t get cited for any new traffic violations during the 6-month probation period. This time period began on the day the Court issued the order allowing you to take the Driver Safety Course. Once the probation period has elapsed your ticket will be dismissed. Depending on the violation you’ll be saving yourself at least $150 to $200.

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Tips for Driving in School Zones

Driving Safely in School Zones

Everyone can agree that drivers should exercise caution when they’re driving around schools, on the way to work in the morning or coming home mid-afternoon. School Zones exist because they keep kids safe. Through the implementation special speed limits before and after school, installation of timed flashing lights, and the use of crossing guards, the Texas Department of Transportation (TxDOT) has put in place measures that are designed to protect children.

Even with these controls, there are specific things that drivers can do to ensure kids are safe. If you’re late for work, don’t make the mistake of speeding through a school zone or weaving through traffic when parents are trying to drop off their kids. You’ll pay for it. In Texas, police officers are present most of the time when school zones are active.

Common Sense Tips for Driving in School Zones

Put your cellphone and mobile device away when you are proceeding through a school zone. It’s against law and you will be ticketed if a police officer sees you on your cellphone. If it’s during a time of day when school speed zone limits are enforced you can face a fine of up to $200. Given that police officers are often on duty patrolling school zones the risk of being fined increases.

Don’t pass any other cars in a school zone. Big cities in Texas will have schools located on busy roads, some with two lanes going in each direction, some schools located in quiet neighborhoods and some in rural areas on the outskirts of town. No matter the location, it’s never safe to pass in a school zone. Stay in your lane, slow down and pass once you’ve cleared the zone.

You must obey crossing guards at all times. At stop signs this is especially important since the crossing guard dictates when it’s safe for you to proceed through the intersection. If the school is on a busy street the crosswalk may be at a stop light. Pay extra attention here because even if the light turns green it may not be safe to go.

Be extra careful around school buses. When they’re stopped with lights flashing and their stop signs engaged you must stop. In a busy city like Houston the only exception to this rule is when you are driving on a road with a median, typically this is a 4-lane road. If the bus is stopped with lights flashing, picking up or dropping of children, and you’re on the other side of the road heading in the other direction you don’t have to stop.

In Texas there is always a speed limit sign that marks the end of the school zone. Make sure you completely clear the zone before accelerating. The end of the school zone may extend past to the school so pay attention and follow the signs.

Generally speaking, school zones start 45 minutes before the beginning of school and end 30 minutes after the close of school. However, as drivers you can’t be certain of this. There are situations where these times will be extended for special events. If you see that you’re approaching a school zone be alert and prepared to reduce your speed to 20 mph.

If you’re not a parent who is dropping off or picking up children it ‘s probably best to find alternative routes and avoid school zones altogether. You’ll get to and from work faster, lessen your frustration and reduce the chance of getting a speeding ticket.

What is the Speed Limit in a School Zone?

In Texas the speed limit is 20 mph in an active school zone.  You will know it’s an active school zone if lights are flashing on mechanized signs, or during certain times in the morning and afternoon.  All of this information is sign posted so make sure you’re aware when driving near a school.

What are the Fines for Speeding in a School Zone?

Speeding fines double in an active school zone which means at a minimum you’ll be faced with a $320 fine. Traffic fines listed below are from the Harris County Justice Courts.

1 to 10 mph over the speed limit $160

15 mph over the speed limit $185

20 mph over the speed limit $210

Passing a stopped school bus up to $1,250 for a first offense

In 2017 the Texas Department of Transportation (TxDOT) reported 811 accidents, 2 deaths and 30 serious injuries as a result of drivers who failed to control their speed in a school zone or were distracted by a phone or some other in car activity. These accidents and fatalities, of course were entirely preventable if drivers would simply slow down and pay attention.

Why do accidents happen in school zones?

Car accidents in school zones occur for the same reasons they do in any other part of the city.  If you recall the days when you learned how to drive, you’ll know to avoid:

Driving too fast

Not paying attention, distracted by a mobile phone

Not yielding the right of way to crossing guard, children and school buses

Tailgating

Always be aware that children can unexpectedly dart out on to the street, this is one of the most important reasons why you should be alert when driving in a school zone.

School Safety Tips for Parents and Children

To ensure the safety of your children it’s important that you teach them some important safety tips for going to or coming from school. If students are walking or biking to school make sure they:

Never walk with an electronic device or mobile, put it away until they are on school property or in school

Wear a helmet at all times when riding a bike

When possible, enter the school premises with the crossing guard

Never play near the street or dart out in between parked cars

When no crossing guard is present, look both ways before crossing the street

Make eye contact with drivers on the road before crossing an unguarded crosswalk

Whether you’re a driver, a child going to school or a pedestrian, in Houston you need be aware, at all times when approaching an intersection or crossing the street. Our lawyers are well aware of the number of times drivers run stop signs and red lights and cause car accidents. It occurs on a daily basis, in the morning, afternoon and at night. The best advice is to be vigilant and aware, teach your children to be safe and make sure an aggressive or reckless driver isn’t barreling through an intersection you’re in.

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What’s the Difference Between a TBI and a Head Injury?

Any blow to the head is a serious one. But contrary to what many people think, a head injury and a traumatic brain injury (TBI) are not the same. Using the terms interchangeably can cause confusion about the long-term effects of the injury and the type of medical treatment that is needed.

Texas accident victims could be entitled to financial compensation to cover the medical costs, lost income, and other damages that often accompany TBIs and other head injuries. It’s important to work with an attorney with extensive knowledge of brain injuries and their complex consequences to give you the best possible chance of obtaining a full and fair award.

Schedule a free consultation with a Texas brain injury lawyer from Michael P. Fleming & Associates, P.C. today. Our compassionate attorneys know how challenging life after a head injury and/or TBI can be. We’ll fight to obtain maximum compensation for you so that you have the resources you need as you recover.

Don’t wait another day to start the process of seeking money you need. Call or contact us today.

What Are Common Head Injuries?

An accident victim may sustain a head injury, brain injury, or both. In a head injury, the damage is limited to the scalp, skull, and layers inside the skull that protect the brain. No brain tissue is damaged with a head injury.

Common examples of head injuries include:

Lacerations to the scalp or tissues surrounding the head

Bruising

Skull fractures

Even with no brain damage, a head injury can be very serious. Victims may need surgery to repair a broken skull and to prevent shards of bone from breaking off and piercing the brain tissue. Any person who has suffered a head injury also needs to be checked for a brain injury, since they certainly can occur together.

How Do Head Injuries Happen?

A head injury typically occurs due to some traumatic force or impact applied to the scalp, skull, and tissues within the skull. In motor vehicle accidents, victims may suffer a head injury from striking the dashboard, windshield, or window.

Head injuries can also happen from being struck by or against objects. These types of trauma often happen in workplace accidents, such as when a construction worker is struck by a falling ladder. Physical assaults, bullets, and explosions can also cause head injuries.

Can You Have a Head Injury Without Suffering a Brain Injury?

Our skulls are designed to protect our brains. For that reason, it’s possible for a person to suffer a head injury without a brain injury. If a person suffered a head injury but no TBI, that would be because the scalp, skull, and other tissues did their jobs to shield the brain from harm.

However, with sufficient force, a head injury can also result in a brain injury. Head injuries and brain injuries have different effects and require vastly different treatments. It’s critical to identify whether an injured person has suffered a brain injury. The longer a TBI goes without treatment, the more damage to the brain is possible.

What Is Considered a Brain Injury?

A traumatic brain injury is classified as any injury to the brain tissues. While TBIs vary in severity, all can cause neurological dysfunction or dysregulation (at least temporarily). A TBI can result in cognitive impairments, emotional problems, deficits in motor skills and coordination, and sensory issues.

Brain injuries heal over time. For some, the neurological complications disappear. But catastrophic brain injuries have long-term effects, impacting a person’s ability to move, eat, speak, and remember information. Severe brain injuries can also result in long-term complications like coma, seizures, persistent vegetative state, and post-traumatic dementia.

People with mild concussions may be able to return to daily life with a short period of rest and relaxation. But for survivors left with permanent disabilities after a brain injury, the consequences can be life-changing.

Many Texans are left unable to work after a severe TBI and need long-term nursing or a full-time caregiver to help them manage the tasks of daily life. For these people, obtaining compensation from the party responsible for their accident can mean the difference between getting appropriate care and falling into serious debt. If this sounds like you, contact a knowledgeable brain injury lawyer right away to learn about your rights to compensation.

What Are the Different Types of Brain Injuries?

Physicians and medical experts classify brain injuries in several ways:

Acquired brain injury (ABI): An acquired brain injury describes any damage that occurs after birth and does not result from any external force. Examples of ABIs would include brain damage resulting from asphyxiation or drowning, or brain damage resulting from infection, disease, or another medical condition (e.g., stroke, aneurysm, Alzheimer’s disease, multiple sclerosis, etc.).

Traumatic brain injury: A TBI describes any brain injury that occurs due to an external force placed upon the head or brain. TBIs are further categorized by the types of trauma caused, such as concussions, contusions, coup-contrecoup injuries, and diffuse axonal (shearing) injuries. A TBI could also be open, coming from an outside object penetrating the skull, or closed, where the damage is fully inside the skull.

Get Legal Help from a Reliable Houston Brain Injury Lawyer

If you or a loved one suffered a brain injury after an accident, you need aggressive legal representation to secure maximum compensation for your losses. Turn to a Houston brain injury lawyer from Michael P. Fleming & Associates, P.C. today.

You can count on our law firm to handle every aspect of your case from start to finish. We’ll fight for a full and fair settlement that compensates you for past expenses and anticipates future needs.

Ready for help? We’re ready to get started. Call right away for your free consultation.

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Who is at Fault After a Semi-Truck Accident?

Semi-truck accidents are some of the worst on Houston roads. Contrary to what many people believe, these crashes are very different from other automobile accidents. The injuries tend to be much more severe. Determining who is at fault is complex because multiple parties, not just the trucker, may be to blame. In addition, both federal and state laws come into play. Figuring out how all those facts come together is a job for an experienced Texas truck accident lawyer.

Contact Michael P. Fleming & Associates, P.C. today. Our proven legal team can help you pursue compensation for all of your losses, including medical expenses, lost wages, pain and suffering, and more.

Call now to arrange a free, confidential consultation.

What Evidence Needs to be Gathered After a Trucking Accident?

The injuries from truck accidents can be catastrophic. If you’re seriously injured, seek medical attention immediately. But if you’re able, it’s smart to collect as much evidence from the accident scene as you can. This information will be vital if you need to file an injury claim later.

Examples of relevant evidence include:

Photos: Take pictures of the crash site. Get shots of the vehicles from multiple angles. Look for environmental evidence that can tell the story of the crash, such as skid marks, broken guardrails, shattered glass, and road debris. Always photograph your injuries.

Insurance information: Truck accident claims will go through the truck company’s insurance carrier(s). Make sure to get the insurance policy information from the truck driver and any others involved in the wreck.

Witness statements: Eyewitness testimony is incredibly valuable. Get the names and contact information for anyone who saw the crash. Statements from passengers are good, but testimony from outside parties will carry more weight because they won’t have an interest in your legal case.

Police report: Get a copy of the accident report from the officer who responded to the scene.

Truck inspection reports: After a truck accident, a truck inspector may come to the scene to examine the vehicle and write a separate report. Ask for this report as well, as it will contain evidence about the condition of the truck and the trailer after the crash.

A truck accident lawyer can assist with collecting other evidence that may not be readily available to you, such as black box data, GPS and onboard computer data, driver records, personnel files, logbooks, and the phone records of the truck driver.

Who Can Be Held Liable in a Trucking Accident?

Truck accidents differ from the average car accident in several ways. One of the most significant differences is that there are potentially more defendants in a truck accident case. These include:

Truck driver: Truckers may be held liable for any negligent behavior on their part. They are subject to strict federal regulations governing their actions before, during, and after trips. For example, they may violate the hours-of-service rules that require mandatory rest periods to prevent drowsy driving accidents. Driving under the influence, distracted driving, speeding, and aggressive driving are other examples of negligence.

Trucking company: Commercial motor vehicle carriers are required to hire qualified truck drivers with clean driving records. When they fail to do proper background checks, they can be held liable for negligent hiring practices. Truck companies are also required to perform regular inspections and maintenance on their fleets. If a breakdown causes a semi-truck accident, the company may be at fault.

Cargo or loading companies: Cargo can shift during transport if it is improperly loaded.  This can throw the entire truck off balance and cause a crash. Companies that do not ensure that cargo is loaded safely can be held liable for their actions.

Vehicle and parts manufacturers: Manufacturers are responsible for ensuring that trucks and their equipment are free from defects. When a faulty part or poorly designed vehicle causes a crash, the automaker or parts manufacturer can be held accountable through a truck accident claim.

Other drivers: Motorists who behave negligently behind the wheel may also be responsible for causing a truck wreck. In those cases, you could file a claim against that person’s auto insurance company.

You: Even if you share some portion of fault in your truck accident case, Texas law will still allow you to collect compensation. An attorney can help make sure that you are not unfairly blamed when fault is divided between all negligent parties. (See below for more information on partial fault).

The tricky part of dealing with multiple defendants is that you will also have to deal with multiple insurance companies. Going up against high-powered corporate lawyers isn’t something you should handle on your own. A knowledgeable truck accident attorney can handle all settlement negotiations so that you aren’t tricked into saying something that jeopardizes your case.

What if I am Partially at Fault for the Truck Accident?

Texas follows a rule called modified comparative negligence. When multiple parties are at fault, each one is assigned a percentage of fault. As long as you are 50 percent or less to blame, you can still receive compensation. However, your total award will be reduced by your portion of fault.

Example:  Let’s say you were 20 percent responsible for the truck accident that injured you, and your total damages were $100,0000. The most you would be able to collect is $80,000 (the total award minus your portion of fault).

It’s important to know that your entire claim hinges on remaining below the 50 percent mark. If you are found even one percentage point more to blame for the crash, you will receive no money at all. This is one of the main reasons to work with an experienced truck accident attorney. With so much on the line, it’s guaranteed that the insurance company will try to shift the blame onto you.

Do I Need a Houston Truck Accident Lawyer After a Crash?

Yes. Truck accidents are some of the most complex personal injury claims. At Michael P. Fleming & Associates, P.C., our Houston truck accident lawyers will seek full and fair compensation for you. We can investigate your claim, collect evidence, and handle all talks with insurance companies with minimal disruptions to your life. That way, you can focus on recovering from your injuries.

Questions? Find out what we can do for you by scheduling a free consultation. Call or contact us now.

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What to Do and Not to Do After a Truck Accident

Most people know what to do if they’re involved in an accident with the driver of another car, even a vehicle as big as a pickup truck or SUV. But commercial truck accidents can be very different. Semis and other heavy trucks are much bigger and bulkier than even the largest SUVs.

In many cases, you’re dealing with commercial trucking companies that have significantly more resources than the average motorist.

So, what do you do if you’re involved in a truck accident? The bottom line is that you should speak to a truck accident lawyer as soon as humanly possible. Doing so will make sure your rights are protected and that any claim you file against the truck driver or their employer has the best chance of success possible.

The law firm of Michael P. Fleming & Associates, P.C. is committed to helping truck accident victims recover the compensation they’re owed, and we’re here to fight on your behalf. To get started, call our office at (888) 529-0018 for a free consultation, or visit our contact page.

What Should I Do Immediately After a Truck Accident?

First and foremost, do not leave the scene. Doing so could result in legal penalties or fines. While you shouldn’t leave the scene, you should try to move your vehicle out of the way of other traffic if it is safe to do so.

Make sure any passengers are safe, and if possible, keep them in your vehicle and belted in. You’ll also want to see if you, your passengers, and anyone in the truck has been injured. If someone has been injured, dial 911 immediately to call for emergency medical attention. You’ll also want to alert the local police so they can come to the scene and make a report.

Next, you’ll want to collect as much information about the other driver and their vehicle as you can. Ideally, you’ll want to get the driver’s full name, phone number, physical address and email address; the name of the company they work for and the company’s contact information; the driver’s license number for their truck; and the contact information for the driver’s insurance company. It is also crucial to get insurance information.

After getting the information on the driver and their truck, you’ll want to take as many pictures as you can of the crash scene. Take pictures of your vehicle, the truck, the surrounding area, any obstacles that might have caused the crash, and so on. You’ll also want to take note of the precise location where the crash occurred. If there are any witnesses to the accident, you should try to get their contact information as well.

Avoid making any statements yourself. Be truthful when talking to the police, but be careful not to apologize, or admit any fault in relation to the accident. Answer only what you’re asked and don’t speculate about things you don’t know. The truck driver’s insurance carrier may try to use your own words against you, so do not speak to them until you’ve had a chance to consult with a truck accident attorney. You’ll also want to avoid making any posts on social media about the crash.

Contact an experienced truck accident lawyer as soon as possible. Your attorney can handle the legal matters while you focus on recovering.

Should I Talk to the Trucking Company’s Insurance Provider?

You should not speak to the trucking company’s insurance provider until you’ve spoken to an attorney. Making a statement before the full facts of the case have been gathered could put any future claim against the trucking company in jeopardy, as they can use your own statement against you to rebut your claim. You should only speak to the trucking company’s insurer through your attorney, once you’ve hired one.

What Evidence Is Gathered After a Truck Accident?

There are many different types of evidence that can be used in a truck accident claim. Pictures or video from the scene, police reports, medical records, statements from witnesses at the scene, testimony from experts, social media posts, black box data from the truck itself, and other evidence can all be used to support your case.

Who Can Be Held Responsible for a Truck Accident?

Liability in a truck accident claim can be difficult to parse. It depends on the circumstances of the case and whether the trucker was directly involved in work for their employer at the time of the accident.

If the accident occurred while the driver was on official business for the trucking company, the company may also be held liable for the accident.

Other potentially liable parties include the owner of the cargo, the owner of the truck and trailer, the cargo loading company, the maintenance company, the manufacturer of the truck and trailer, and others.

How Long Does It Take to Settle a Truck Accident Case?

Truck accident cases can take quite a while to resolve. It takes time to gather the facts, research the applicable laws and regulations, file the paperwork, and negotiate with the liable parties and their insurance carriers. In the event a case goes to trial, the process may take even longer.

More important than the time it takes to win a case like this, however, is the deadline to file a claim. In Texas, you have two years from the date of the accident to file a personal injury claim, otherwise, the statute of limitations kicks in, and you lose the right to file a claim.

Contact a Skilled Truck Accident Attorney

Have you recently been involved in a truck accident that wasn’t your fault? Call a knowledgeable truck accident attorney as soon as possible.

The truck accident lawyers at Michael P. Fleming & Associates, P.C., are here to help you seek full compensation for any injuries and other losses you sustain in an accident. To learn more about how we can help you, call our office today for a free consultation.

The post What to Do and Not to Do After a Truck Accident appeared first on Michael P. Fleming & Associates, P.C..

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2020 Fleming Undergraduate Scholarship Award Winner

Michael P. Fleming & Associates, P.C., awarded one scholarship this year.

The Undergraduate Scholarship is available to college students and high school seniors. The scholarship is open to all students in any program.

Undergraduate Scholarship Winner – DeLon Henderson, Jr.

This summer, DeLon (D.J.) has been serving at Triad Music, LLC., a music therapy company that hosts summer camps for children with special needs. He assists the music therapist and sets up the instruments, tends to the children when they need aid, holds up instrument cues, sets up snacks, and takes the children for walks outside when they need to vent their frustrations. Music therapy aids the children in responding, expression, and coordination. It’s a community service opportunity D.J. became involved with two summers ago and, since then, has been a staple activity of his every summer.

It has been D.J.’s aspiration to learn the studies of engineering since he was a youth. He is most excited for his mechanical engineering courses at Georgia Southern, and getting his education alongside his own independence, away from home. D.J. is ecstatic to be living on campus with greater freedom as he begins this next chapter in his life!

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Evidence Used After a Truck Accident

It is important to begin collecting evidence promptly after a serious injury accident involving a commercial truck such as a tractor-trailer or semi-truck. A truck accident attorney at Michael P. Fleming & Associates in Houston, TX, can gather evidence that supports a personal injury claim seeking compensation for your injuries and other losses caused by the negligence of a truck driver or trucking company.

There may be multiple parties at fault in a truck accident, making these accidents more complicated to investigate. There’s a variety of evidence to obtain and analyze to determine the cause of an accident and the potential liability. For the best results, you want your lawyer to get access to this evidence as soon as possible, so it does not degrade or get discarded.

What Evidence Can Be Recovered After A Truck Accident?

The evidence we compile as part of a truck accident investigation includes the police reports, which may include a citation against the trucker and witness statements describing the accident. We collect physical evidence from the accident scene and we seek medical records detailing your injuries from the accident and your course of treatment. We also seek videotape from nearby security cameras that may have captured the accident.

In a commercial truck accident, there is additional evidence that would not typically be available in a passenger car accident. For example, truck drivers are required by law to record their driving activity in a log. The logs can show long a trucker has been behind the wheel and may help establish that a driver had disregarded hours of service restrictions and was exhausted from too many hours of driving.

We might suspect a trucker of drowsy driving or falling asleep behind the wheel after an accident in which there was no evidence of braking or swerving to avoid a collision. In addition to the lack of skid marks at the accident scene, we’d want to review as we explore additional sources of evidence including:

Event data recorder (EDR) download. The data recorder in a commercial truck is like the “black box” we hear about after large plane crashes. The EDR records a variety of information about the truck’s operations just before a crash, including speed, braking, acceleration, direction (any side-to-side “pitch” or cab-trailer rotational “yaw”) and more. The data from the EDR can provide useful evidence in an injury claim.

Safety sensors. Today’s commercial trucks have radar devices that track the vehicle’s movements and trigger an automated corrective response when needed. A safety sensor would be activated if a truck drifted out of its lane, for example. These systems alert the driver’s dispatcher to the potential problem, and this information is recorded, potentially for use in training and/or performance reviews / discipline.

Dashboard cameras (“dashcams”). Some trucking companies have begun to install cameras in truck cabs to monitor their drivers. This footage is recorded, as well. Footage might show a trucker nodding off, yawning repeatedly, distracted, or engaged in other non-driving and/or dangerous activity.

Security cameras. We may be able to find security cameras outside of retail establishments, business offices or warehouses near the crash scene. We routinely canvass the area surrounding an accident site to obtain any surveillance video that may have recorded the truck accident.

In addition, the trucker and/or the trucking company may have been cited after the accident or previously by the Federal Motor Carrier Safety Administration (FMCSA) for violating its regulations. These records may indicate a specific relevant violation and/or a trend of negligent or reckless behavior.

Who is Responsible For Collecting Evidence After a Truck Accident?

Some evidence, such as police reports and FMCSA citations, is readily available. Some, like vehicle damage, is destined to be destroyed (through repair or junking the vehicle) and needs to be examined quickly. A lot of evidence is in the hands of the trucking company and must be preserved.

A motor carrier is required by federal and state regulations to maintain many records and to keep them for varying lengths of time. To obtain evidence from a motor carrier, we must contact the company with a “spoliation letter,” which alerts them to a pending claim and demands that the company preserve the records. If a claim becomes a lawsuit, we enter into a process called “discovery,” in which the court requires a good faith exchange of information. If we believe a trucking company is withholding certain information, we may seek a court order compelling them to produce it.

In some cases, we will work with an accident reconstruction expert to determine how and why the accident occurred. This consulting forensic engineer may cite additional information to seek from the trucking company, a truck manufacturer or another party to complete their portion of the investigation.

You will need a knowledgeable attorney to contact the truck company, demand evidence and complete a thorough investigation. An attorney at Michael P. Fleming & Associates will spend the time necessary investigating the accident to answer questions relevant to your truck accident injury claim.

How is Fault Determined In A Truck Accident?

After we have gathered the relevant evidence, we can usually get a good picture of how a truck accident happened and who is at fault.

In Texas, a personal injury claim needs to show:

The existence of a legal duty of safety that all drivers owe one another.

The defendant’s breach of that duty through negligence or recklessness.

The injuries that you suffered as a result of the at-fault party’s negligence.

In the end, we must be able to demonstrate that the actions of the truck driver or trucking company are the cause of your injuries.

This may be simple cause-and-effect: the truck failed to stop, causing it to run a red light and hit your vehicle, which caused your injuries. It may require establishing “proximate cause,” meaning the defendant’s action – crashing a truck into the rear of a car behind you – is the most relevant action in the “chain of causation” that led to the pile-up that injured you.

Once we have a solid case, we can issue a demand for compensation to the defendant’s insurance company. Our demand will take into account all of your losses for medical expenses, lost income and pain and suffering. Most cases are settled through negotiations without a trial. But if we must go to court, we will do so with a persuasive case built upon solid evidence.

In court, a jury will determine who is at fault for the truck accident. If multiple parties are at fault, under Texas comparable negligence rules, the jury will assign a proportion of the blame as a percentage to each party at fault.

Any compensation you are awarded at trial would be reduced by the amount of blame assigned to you by the jury. So, for example, if the jury awarded you $100,000 but said you were 10 percent responsible for the crash, you would receive $90,000 in damages.

As your attorneys, we would seek to mitigate the impact of any factual evidence as to your fault. Our aim is to obtain the maximum compensation available for the injuries and losses you have unjustly suffered.

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Do You Need an Attorney After a Truck Accident?

If you’ve been hurt in a truck accident, you may be entitled to compensation from the truck driver, the trucking company, and any other parties responsible for your injuries and damages. In Texas, you need to retain a truck accident attorney to investigate your crash, gather all the evidence, prove the extent of your losses, and demand the full compensation you are entitled to receive. Even if you are found to be partially at fault for your truck accident, you may be entitled to compensation, so it is crucial that you speak with a truck accident attorney about your legal rights as soon as possible.

To discuss the details of your accident and learn about your options, contact a truck accident attorney at Michael P. Fleming & Associates, P.C. We can answer all your questions and explain your next steps in a free consultation.

What Should I Do After Being Involved in a Truck Accident?

If you’ve been involved in a truck accident, you should take the following steps to protect your legal rights and your potential claim to compensation for your injuries and damages:

Call 911 or contact the police to have an officer prepare an accident report.

Document the accident scene, including photographing or videoing details such as damage to vehicles, traffic controls at the scene, and weather, lighting, road, and traffic conditions.

Get contact information for any eyewitnesses to the accident.

Get the name of the truck driver and the contact information for his or her employer. (It can also be helpful to take photos of any wording or letters on the commercial truck itself.)

Seek medical attention as soon as possible after the accident, and attend all follow-up appointments.

Speak to an experienced truck accident attorney immediately about your claim for compensation. The sooner you contact an attorney after your accident, the sooner your lawyer can begin to gather crucial evidence while it’s still available.

How Is Fault Determined in a Truck Accident?

To determine who is at fault for your truck accident, your attorney will collect, preserve, and review all the evidence. This may entail working with an accident reconstruction specialist to show how the crash happened.

Parties that may be held liable for a truck accident include:

The truck driver

The trucking company that employs the truck driver

The truck’s owner, if different from the trucking company

The truck’s mechanic, if the accident was caused by inadequate or improper maintenance

The freight company responsible for loading the tractor-trailer

The truck’s manufacturer, if the accident was caused by defective parts

In addition, if the accident was caused by poor road surfaces, such as broken pavement or potholes, the governmental agency responsible for the roads may be held liable.

What Evidence Needs to Be Presented for My Case?

Truck accident cases often involve more pieces of evidence than are used in your typical motor vehicle accident case. Evidence that is typically presented in truck accident cases includes:

The police accident report, which will document the officer’s findings and may even include the officer’s opinion as to who may have been at fault for the accident.

The truck driver’s logs, which show how long the driver had been behind the wheel prior to the accident. Drivers are limited in how long they may operate a truck at any one time, so a driver operating past those limits may have been fatigued behind the wheel.

The truck driver’s toxicology report, which may be ordered if the accident results in injury or death, and can show whether the truck driver was intoxicated.

The truck’s “black box” data, if equipped with one, which can show the truck’s position, speed, and/or driver inputs.

The load manifest, which can show if the truck was improperly loaded.

The truck’s maintenance logs, which can show if the truck was inadequately or improperly maintained.

In addition to evidence to prove how the accident occurred and who was at fault, you will also need to present medical and financial evidence to demonstrate what kind of damages you have suffered.

Can a Lawyer Work to Get the Needed Information from the Trucking Company?

Much of the evidence needed in a trucking accident claim is held by the trucking company. When your attorney brings a claim for compensation against the trucking company, your attorney will need to secure those documents and evidence from the company.

Your attorney can send the trucking company requests to preserve evidence, ensuring that it is not later lost, destroyed, or altered. Later, your attorney can serve subpoenas to obtain copies of those documents and evidence. If evidence was lost, altered, or destroyed following a preservation request, you may be entitled to an inference or presumption that the evidence was adverse to the other party.

How Can a Lawyer Make a Difference in My Case?

If you have been hurt in a truck accident, a lawyer can take the pressure off you and improve your chances of recovering maximum compensation by:

Thoroughly investigating your accident to uncover all available evidence

Working with accident reconstruction experts to show how your crash occurred and who may have been at fault for the wreck

Helping you document your injuries and financial losses through medical bills, W2s, and other invoices for out-of-pocket expenses

Consulting with medical and financial experts to determine your injuries, damages, and future losses

Identifying all potentially liable parties and sources of compensation

Aggressively negotiating with the trucking companies and their insurers for full and fair compensation

Preparing your case for trial and persuasively advocating on your behalf in court, if necessary

Talk to a Truck Accident Lawyer Now

Being involved in a truck accident can cause long-lasting injuries that leave you with significant financial expenses. If you have been injured in a truck wreck, contact the Houston truck accident lawyers of Michael P. Fleming & Associates, P.C., to schedule a free case evaluation. Let our firm help you demand the financial compensation you need and deserve.

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Differences Between Truck Accidents and Car Accidents

There are many differences between an injury claim for a truck accident and a claim for a car accident. A qualified personal injury lawyer may investigate a truck accident very differently from a car crash.

A truck accident can be incredibly complex, with multiple responsible parties potentially at-fault, and much more evidence to request and comb through to determine the cause of the accident. If you were the victim of a truck accident caused by a negligent party, it’s incredibly important to hire a well-qualified, experienced law firm that has the resources to take on your truck accident case and win.

Experienced truck accident attorneys will conduct a thorough investigation and gather important evidence from the trucking company, such as the drivers’ logs, the load manifests, and the maintenance records they’re required by law to keep. Commercial trucks also have a “black box,” which is full of electronic data.

A seasoned truck accident attorney will want to review those records to help determine liability for the collision. Liability for the truck accident and the resulting injuries are often much more complicated in a truck accident than a car crash. The negligent person who caused the truck accident may not be the party liable for compensating you. It may be the driver’s employer, the trucking company, or it could be another party, such as the truck maintenance company. To prove negligence in your truck accident case, you may need accident reconstructionist experts.

Michael P. Fleming & Associates, P.C. has helped many truck accident victims throughout Houston and surrounding areas. Our record of securing favorable settlements for clients is second to none. At Michael P. Fleming & Associates, P.C., we understand the difficulties that victims face after a truck accident, and we do everything we can to help.

Call us today to schedule a free and confidential consultation with one of our skilled and compassionate truck accident lawyers at Michael P. Fleming & Associates, P.C.

How Is Fault Proven in a Truck Accident?

An experienced Houston truck accident attorney will be able to analyze how the crash occurred and determine its true cause. Fault is typically proven after collecting different types of evidence from the scene of the accident. Other forms of evidence could be uncovered in additional investigations, such as those into the trucking company’s paperwork.

Your attorney will be able to investigate a wide range of things, including for example:

The truck driver’s driving history

The truck driver’s commercial driver’s license and endorsements

The truck’s condition at the time of the accident

Whether the truck was within the legal size and weight limits

The truck’s repair and maintenance history

Whether the truck was properly loaded

Whether the trucking company was adhering to all regulations

While many truck accident cases are resolved through settlements, some cases go to trial. In civil court, a plaintiff has to prove their case by the preponderance of the evidence. This means their burden of proof is to show that the facts and evidence presented relating to the truck accident are more probable than not.

The four basic elements of negligence claims are:

Duty of care – The truck driver had a duty to operate the truck in a reasonable and safe manner.

Breach of duty – The truck driver breached that duty of care by not acting reasonably and safely.

Causation – The breach of duty caused the victim’s injuries.

Damages – The victim’s injuries resulted in damages.

When a truck accident victim successfully proves these elements, they may be awarded compensatory damages for their medical expenses, lost wages, pain and suffering, and other losses.

Who Can Be Held Liable for Damages After a Truck Accident?

Parties that may share liability in a truck accident claim could include:

Truck driver

Trucking company

Other drivers

Truck manufacturer

Part manufacturer 

Truck loaders

Cargo loading company

Maintenance contractor

Mechanic or repair shop

Your truck accident attorney can investigate multiple scenarios to understand the cause of your accident and to identify the different parties that may be liable.

Are Truck Accident Cases Handled Differently from Car Accident Cases?

Truck accidents often involve serious injuries and property damages. Because huge damages are at stake, truck accident cases are often pursued more vigorously and defended more aggressively. Unlike a typical car accident, where it can take a few days or longer before anyone besides the police investigate, when a commercial truck is involved in a crash, the trucking company that employs that driver is typically notified immediately. This often triggers an immediate response.

What Evidence Is Needed for a Truck Accident Case?

Evidence commonly used in a truck accident claim may include:

The truck’s black box

Physical evidence from the truck and the accident scene

Driver’s logbooks

Photos from the accident scene

Maintenance records

Truck inspection reports

Employee records

Eyewitness testimony

Medical records

Blood test results

Cargo-loading records

Truck company compliance history

Cell phone records

Data from electronic onboard recording device (EOBR)

Tire or gouge marks on road

The attorneys at Michael P. Fleming & Associates can request and review all relevant evidence, and can additionally send evidence preservation requests to ensure important evidence is not lost or destroyed.

Do Insurance Companies Treat Truck Accidents Differently From Car Accidents?

When a car accident involves two vehicles, it’s likely that only one person was at fault. However, with truck accidents, many parties often contribute to the accident. All these parties may have separate insurance companies and defenses.

While this may complicate your case, having multiple insurance providers involved may also help you get more compensation for your injuries because there is potentially more liability coverage available. However, without a skilled and knowledgeable lawyer on your side, you are not likely to get the full and fair compensation you deserve.

Truck accidents are often high-stakes cases for insurance companies because 18-wheelers and semi-trucks are much larger than passenger vehicles, and they typically cause much more serious injuries. With the sheer amount of force involved with truck accidents, traumatic brain injuries, broken bones, spinal cord injuries, and other severe injuries are common. Those serious injuries often require long-term medical care, which may cost hundreds of thousands of dollars or more.

You need to contact an experienced Houston truck accident lawyer of your own as soon as possible. The attorneys at Michael P. Fleming & Associates, P.C. are well-versed at dealing with complicated insurance claims and coordinating coverage to seek the maximum recovery for our clients. We are prepared to hold trucking companies accountable for negligence, even when their insurance carriers stand in the way.

Contact an Experienced Houston Truck Accident Lawyer

The Houston truck accident attorneys at Michael P. Fleming & Associates, P.C. understand the complexities involved in truck accidents and how traumatic an accident can be. Our compassionate Houston truck accident lawyers will work hard to ensure you receive the full and fair compensation you deserve.

Contact us today. We offer free and confidential consultations, during which we will discuss all your legal options. Our attorneys work on a contingency fee basis, meaning you won’t owe us a cent until we secure compensation for you.

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Attorney Michael P. Fleming Interviewed on Recent Order to Not Release Harris County Inmates During COVID-19

Harris County Judge Lina Hidalgo made headlines on April 1 when she called the county jail “a ticking time bomb” due to the potential for COVID-19 spread and ordered the sheriff to release low-risk inmates who had been accused of certain nonviolent offenses and had no prior convictions. District Judge Herb Ritchie took swift action on April 3 to void the order to free the inmates, though, instead instructing the sheriff to “ignore and wholly disregard” Hidalgo’s order.

Michael P. Fleming, former Harris County Attorney, was interviewed by the Houston Chronical and appeared on The Michael Berry Show podcast to discuss the clashing orders. “It’s not a frivolous thing that he [Ritchie] did,” Fleming told the Houston Chronicle. “A district judge under the Texas Constitution has supervisory control.”

As Fleming explained further on The Michael Berry Show, although Hidalgo’s title is “Harris County Judge,” she serves as the county’s chief executive in a non-judicial role. The felony district judges are the ones who have jurisdiction over who should be in jail, who should be released from jail, and under what conditions.

“A county judge that is not a criminal district court judge has no business interfering with that jurisdiction,” Fleming told Michael Berry.

He noted the importance of the separation of powers between the two. “These are both independently elected officials. … They all have their very specific areas of jurisdiction, and they protect it. And it should be that way.”

“The criminal justice system needs to be run by the criminal justice professionals and officials that are elected to do that, not by somebody with no criminal justice experience,” Fleming continued.

Between the time that Hidalgo instructed the sheriff to begin releasing inmates and the time Ritchie squashed that decision, “only a handful” of people were actually released, the Chronicle reported. However, those released had been facing charges of “drug possession, unauthorized use of a vehicle, evading arrest, interfering with the duties of a public servant, theft, fraud, and tampering with a government record.”

Those who oppose releasing the inmates have argued that they could pose a threat to public safety during what is already a scary time. Others say that releasing certain inmates from crowded jails could help prevent problems down the line related to overburdening the healthcare system.

District Judge Josh Hill told the Chronicle that he expected the felony judges to evaluate the situation and coordinate their own effort to release inmates as appropriate.

About Michael Fleming

Michael P. Fleming has been practicing law in the Houston area for more than 30 years. He was elected as Harris County Attorney in 1996 and was re-elected in 2000. He has represented clients in the state and federal trial and appellate courts, including winning cases before the U.S. Supreme Court and the U.S. Court of Appeals for the Fifth Circuit. Mr. Fleming is Board Certified as a Specialist in Personal Injury Trial Law and Real Estate Law by the Texas Board of Legal Specialization.

Mr. Fleming is available for media interviews and legal analysis on current events. To schedule a time to speak with him, contact us now.

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How to Report an Auto Accident in Houston, Texas

Some car accidents are only minor fender benders. They cause no injuries and only minor – if any – vehicle damage. When those crashes occur, you may have no duty to report the crash to the police, your insurance company or the Texas Department of Transportation.

However, if a crash has more serious consequences, you will have a duty to report. In this article, we will discuss those circumstances as well as what you can do to report your accident in Houston. If you have any questions about reporting your crash and about the steps you can take to seek full and fair compensation, contact us today at Michael P. Fleming & Associates, P.C. We can bring decades of experience to your case and a commitment to pursuing maximum compensation for you.

Reporting an Accident to the Police

Texas law requires you to report a car accident to the police only if it resulted in serious injuries, death or property damage that exceeds $1,000 in value. If you fail to report an accident that falls into this category, you could face serious consequences, including incarceration and a fine of up to $5,000. With that said, the best practice is to call the police after any type of crash, even if it did result in only minor injuries and nothing more than a few dents to the vehicles.

If a crash results in serious injuries or fatalities, you should call 911 to get the immediate help you need. Even if no one is in danger of immediate physical harm, you should call the police in order to get help with moving vehicles and securing the scene for an investigation. In some cases, an officer may need to arrive in order to prevent a fight from breaking out between the two parties involved in the crash.

After a police officer arrives at the scene, the officer will collect information and, ultimately, file a police report that identifies the factors which contributed to the accident and, in turn, point to which driver was at fault for the crash. The police report can play an important role as you move forward with a car accident claim.

Reporting an Accident to the Texas Department of Transportation

In addition to reporting the accident to police, you may also have to report the accident to the Texas Department of Transportation (TxDOT). You must file this report if the crash resulted in injury, death or property damage exceeding $1,000. You will have to file this report only if the police did not visit the scene of the crash and file their own report. You have until 10 days after a crash to file this report with TxDOT.

To file a report with TxDOT, you will need to complete the crash report form which is available on the TxDOT website and submit it to the agency. If law enforcement arrived at the scene, you do not have to submit this report as the officer will submit a report within 10 days after the crash.

If law enforcement did not visit the scene of the accident and file a report, and you do not file a report to the Tx DOT on your own within 10 days, you may have your driver’s license suspended. This is likely only going to happen if the accident resulted in injury, death, or property damage exceeding $1,000 in value.

Reporting an Accident to Your Insurance Company

You also must report the accident to your own insurance company – even if you were not at fault for the crash. You should file this report as soon as you can after the car accident. Many insurance policies require you to report any accidents, even those in which someone else was at fault. If you fail to do so, you could cause your insurer to cancel your insurance policy.

For many other reasons, you should timely report the accident to your own insurance company. If the other driver did not carry proper insurance, and you have chosen uninsured motorist coverage (UM) or underinsured motorist coverage (UIM) as part of your policy, you must tell your insurer right away in order to receive this insurance coverage. Texas law does not require drivers to carry UM and UIM cover. However, your insurance company is required to offer it to you. It is advised that all drivers include this coverage in their policy, as it is estimated that approximately 15 percent of all drivers in the state do not carry the proper auto insurance. If you get into a crash with an uninsured or underinsured driver, you could end up on the hook for expensive damages.

Lastly, you should also report the accident to your insurance company because your policy may offer certain coverage that you need. For example, your policy may cover you if you have to rent a car due to extensive damage sustained in a crash to your vehicle. However, your insurer can provide this coverage only if you notify the insurer of the accident.

How Can a Houston Car Accident Lawyer Help You

It is important to report a car accident to the police, the Texas Department of Transportation and your own insurance company – even if you initially think the accident is only a minor one. However, you should also contact a car accident lawyer in Houston after any crash – especially if you believe that someone else was at fault and you are now suffering from serious injuries.

At Michael P. Fleming & Associates, P.C., our skilled attorneys can help you. We will deal with the insurance companies on your behalf, thoroughly investigate your crash, determine the nature and extent of your injuries and work with you to explore all available sources of coverage for your injuries and losses. Our goal will be to recover the maximum amount for you.

To learn more about how we can assist you, call or reach us online today. Our initial consultations are always free.

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Should I Go to the Hospital After a Car Accident?

After a car accident, it may be obvious that you should visit a hospital. You may suffer from severe injuries that need immediate medical attention. However, after some accidents, injuries are not so obvious. As a result, those involved in the crash may see no reason to get checked by a doctor. This is a mistake.

Any time you are involved in a car accident, you should immediately seek medical attention – even if you do not think you were badly injured. Not all injuries present symptoms right away. A doctor will know how to examine you and determine if you suffered harm that needs medical treatment.

Once you have sought medical attention, you should get in touch with an experienced and dedicated Houston car accident lawyer at Michael P. Fleming & Associates, P.C. Call or reach us online today. We can help you to understand and explore all of your options for seeking compensation for your injuries and losses. Our initial consultations are always free.

What Are Common Injuries in Car Accidents?

Unfortunately, individuals can become injured in a number of different ways in a car accident. The most common injuries include:

Cuts – There is a lot of flying glass, metal and other debris in a car accident which can cause severe cuts.

Burns – The fuel in vehicles often leaks and ignites, causing accident victims to suffer from severe burns. Friction burns are also common in crashes.

Scarring and disfigurement – Some cuts and burns are so severe that they result in permanent scarring and disfigurement.

Fractures – Accident victims often sustain multiple fractures in a car accident. Fractures may require many surgeries and months of recovery time.

Soft tissue damage – These injuries involve any damage to the tendons, ligaments and muscles. Whiplash is one of the most common types of soft tissue injuries that people suffer in car accidents.

Loss of limbs – Accidental amputations can happen in an accident. When limbs become so severely injured that they cannot be saved, surgical amputation may be required.

Traumatic brain injury – The head can hit the steering wheel, dashboard, window, windshield and other objects inside the car. Loose debris in the vehicle can also strike the head, resulting in a TBI such as a concussion or worse.

Spinal cord injury – These injuries can include anything from herniated or ruptured discs in the spinal cord to complete or partial paralysis.

Internal organ damage – Internal organs can become crushed and damaged during any crash. Internal bleeding is also a possibility.

Post-traumatic stress disorder – Car accidents are highly distressing. Accident victims often have trouble putting the trauma behind. When victims suffer from PTSD, they may experience nightmares and flashbacks.

It is important to remember that not all of these injuries may be present immediately following a crash. So, accident victims should always seek medical attention after a crash out of caution.

What Happens If You Wait to See a Doctor After a Crash?

Of course, the main reason you should see a doctor after a crash is because your health should be your main priority. If you do not seek medical help following an accident, your injuries may become worse. It will only take longer to recover from them.

There is another reason why you should always seek medical help after a crash. If you do not, the insurance company of the negligent party will likely try to use it against you. Insurance companies are more interested in holding onto their profits than they are in upholding the rights of accident victims. They will look for any reason to deny, delay and reduce the claims of accident victims.

If you do not seek medical help immediately following a crash, the insurance company will likely argue that you were not severely injured, or that your injuries were not caused by the accident. Seeking timely medical attention will prevent an insurance company from using this tactic.

Will Insurance Cover a Visit to the Hospital After a Car Accident?

Although it is possible to receive compensation that can help pay for your medical expenses after a car accident, this compensation is not always available right away. It can possibly take months or a year or longer to receive coverage from an insurance company. Many accident victims worry about this wait because they do not know how they are going to pay for the hospital expenses if they see a doctor right after an accident.

Accident victims that have personal health insurance, Medicaid or Medicare may use this insurance to help pay for hospital expenses right after an accident. When filing a personal injury claim, you can also include any out-of-pocket expenses you incurred as a result of the crash in your claim filed with the negligent party’s insurance company. Although this compensation may not be available right after a crash, it is important to include these damages in your claim.

If you receive coverage from a health insurer, the insurer typically will have subrogation rights. In other words, if you are later awarded compensation through a personal injury claim, you will have to repay the health insurer for any costs that it covered after a crash. This repayment will come from your damages award.

How Can a Houston Car Accident Lawyer Help You?

If you have been involved in a car accident, our law firm recommends that you seek medical attention as soon as possible. Doing so will protect your health as well as your ability to collect full and fair compensation. After seeking medical attention, you should make sure to get in touch with us to discuss your case and learn about your legal rights and the options available to you.

At Michael P. Fleming & Associates, P.C., we will always fight for your rights and stand up to the insurance companies on your behalf. Our goal will be to get your life back on the right track. Contact us today to schedule a free consultation and meet with one of our attorneys in our Houston office.

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Worried About Coronavirus? We Can Meet with You Remotely

We can all play our part in addressing the novel coronavirus (COVID-19) in Texas. That’s why we are adopting “social distancing” measures at Michael P. Fleming & Associates, P.C., and accommodating those who wish to meet remotely to discuss their case with us.

Health officials say that social distancing, or cutting down on close contact between people, should help to slow the spread of the virus over the coming weeks and months. Check out the Centers for Disease Control and Prevention (CDC) website for more information about other steps you can take to protect yourself and others from exposure to the coronavirus.

If you would like to discuss your legal issues with any one of our attorneys, we can simply meet with you by phone or by using whatever video conferencing program works best for you such as:

Skype

Zoom

GoToMeeting

Facetime

Contact us today at (888) 529-0018 now to schedule your free consultation and learn more about how we can meet with you remotely to review your case.

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Houston Attorney Michael P. Fleming Selected for National Trial Lawyers: Top 100 List

HOUSTON, TX – The Houston law firm of Michael P. Fleming & Associates, P.C., is pleased to announce that the National Trial Lawyers has selected attorney Michael P. Fleming for inclusion in its list of the Top 100 Civil Plaintiff Trial Lawyers in Texas – an honor that only a select group of lawyers receive based on their skills and qualifications in the field.

Membership in the National Trial Lawyers: Top 100 is by invitation only. It is limited to the top 100 attorneys in each state or region who have demonstrated excellence and achieved outstanding results in their careers in either civil plaintiff or criminal defense law.

“This is certainly an honor,” Mr. Fleming said. “It really reflects the hard work and the dedication of our entire team when it comes to serving our clients.”

Mr. Fleming, the former, twice-elected Harris County Attorney, has practiced law in the Houston area for more than 30 years. He is among the small percentage of attorneys who is Board Certified as a specialist in both Personal Injury Trial Law and Real Estate Law by the Texas Board of Legal Specialization.

Mr. Fleming represents clients in state and federal courts at both the trial and appellate levels, including arguing and winning cases before the U.S. Supreme Court and Fifth Circuit U.S. Court of Appeals.

The National Trial Lawyers is a professional organization comprised of trial lawyers from across the country who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers accredits distinguished attorneys and provides essential legal news, information and continuing education to trial lawyers across the United States.

Selection for the Top 100 involves a multi-phase process, including peer nominations and third-party research. The final result of the selection process is a credible and comprehensive list of the most outstanding trial lawyers in each state or region.

About Michael P. Fleming & Associates, P.C.

Michael P. Fleming & Associates, P.C., represents clients in Houston and throughout Texas in a broad range of personal injury and wrongful death cases, including those which involve motor vehicle accidents, slip and falls, dog bites, defective products, workplace accidents and offshore injuries. The firm also serves clients in business, probate, real estate and other civil litigation matters. To learn more, call (713) 221-6800 or use the law firm’s online form.

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When to Hire a Personal Injury Lawyer

While there is no specific guideline or deadline as to when you have to hire a personal injury attorney, especially after a car accident injury, it is very important to engage the services of a personal injury lawyer shortly after the accident. You do not want to go without counsel during any part of the process and you can usually hire a lawyer on a contingency basis.

Discussions with Insurance Carriers

Chances are strong that there are going to be have to be conversations with your lawyer regarding your medical bills and your property damage. Your personal injury lawyer and personal injury law firm will make sure that the medical bills are paid and that the property damage claim to your vehicle is paid in a timely fashion so you can get your car back on the road. The time to start that process is right after you leave the emergency room or are released by the accident investigation team that arrives to set up the driver information exchange for your accident.

Avoid Medical Malpractice Statute of Limitation Issues

If you have a medical malpractice claim, time is of the essence. There are state statutes that require you to put the doctor on notice within a specific period of time. If you believe that you are a victim of medical malpractice, you should engage counsel as soon as you can. Medical malpractice claims take time and also require a lot of work on the lawyer's behalf. The more time that you give them to work your case, the better off you will be.

Insurance Companies Have Experts, You Should Too

Insurance companies typically have the deck stacked in their favor. They have plenty of the money and lots of legal resources. You want to make sure that you are on an even playing field, or as even as possible, when dealing with these companies.

That is why you want to have your own team of experts in your corner when dealing with these companies. Insurance companies, whether it is your own carrier, or that of the other driver, are going to protect their own interests first. They may try to nickel and dime you wherever possible and save the company money, to your own detriment. That is why it is optimal to have your personal injury attorney to represent you in these negotiations. You never want to do anything on your own other than report the fact that you had an accident.

Have The Right Medical Team Around You

It is essential that you also meet with the right physicians to get the most out of your claim. Your personal injury attorney, who will be knowledgeable about personal injury laws in your state, can help get you to the right medical experts that can treat you and also serve as good witnesses in your case, should the case go to trial. You want to have medical professionals around you that can not only heal you, but also testify in court, and explain how the injury will impact you in the future.

Personal Injury Law Firms Have Support Staff

In some cases, a personal injury law firm may also have medical personnel on staff that can evaluate your claim and tell you what type of personal injury claim you have and also interpret the medical records that they receive from your physicians and serve as a buffer between you and the physicians. They will also be able to make sure that you are receiving the best personal care for your injuries and best serve your personal injury case by being thorough and professional.

Personal injury lawyers often have investigative staff at their disposal that can help with your personal injury claim. They can help recreate the accident and use the information at trial, or in negotiations with the carrier to get you the best possible settlement or verdict. Private investigators are just as important as the personal injury attorneys as they arm the personal injury lawyer with the information necessary to pursue your claim.

Read Full Article Here: When to Hire a Personal Injury Lawyer