Does COVID-19 impact vehicle collision investigations in Austin?

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The short answer: yes.

 

This is a very difficult time in our community to say the least. Not only are our friends and neighbors dealing with fear of illness for themselves and each other, but we’re also dealing with constant changes in ordinances, rules and social norms so we can all do our part to keep everyone as safe as possible. Our community leaders are making tough decisions and our first responders have the unique challenge of balancing their own personal health and safety (and that of their families) with the safety of the community. Not only that, our police officers must continue with their normal shifts and duties along with the mounting challenges around this COVID-19 global pandemic. While staying healthy is a top concern, there are ripple effects in every area of life, having nothing to go with contracting the coronavirus. One example I want to discuss involves automobile accidents, specifically those that include injuries. While we use social distancing to stay home and off the roads as much as possible, there’s still the chance that when we do leave the house for those necessities, we may be injured in a car accident. What do we do then? You may wonder…

 

How does COVID-19 change how we’d react after an auto accident, especially if we’re injured? Should we still call the police? Would they respond? What if you aren’t at fault?

 

Although police officers will often tell you that they are not responsible to determine fault when it comes to automobile collisions, police investigations play a key role in insurance claims handling. Claims adjusters will often use the crash report, formally referred to as a CR-3 in order to assign liability percentage and determine who is at fault for the collision.

 

I’ve discussed the importance of police reports before. From an attorney’s perspective, the initial crash report is an important record that cements certain facts and information. The position of the vehicles, the damage to the vehicles, any statements made by any drivers will all be listed on the crash report.

 

This is important, because if someone decides to change their story later, there is a record of what was initially seen and/or said.

This is especially important now, because as of March 17, 2020, the Austin Police Department will no longer be responding to crashes when there are no injuries and when the cars can still be driven.

 

This new policy is a result of the department being stretched in response to the COVID-19 pandemic. What does this mean for everyday drivers? It means that if you are involved in a collision and you suspect that you may be injured, it is imperative that you communicate that to the 911 or 311 operator so that officers can be routed to your location. Even if you aren’t sure, or your injuries don’t seem that severe in that moment, sometimes it’s hard to know. A car accident is a scary, stressful event. A lot of concerns and fears pop up. But what you do in that moment is extremely important, because often it cannot be remedied later. All that said, depending on how this virus spreads over the next several days and weeks, it’s possible that police will not have the resources to respond to your accident.

 

So in the event that police are not dispatched, remember that it is vital that you take photographs and, if possible, to record statements of the other party admitting fault.

 

If an accident has occurred and you are in shock and not sure how to respond, you can always call an attorney before leaving the scene to ensure you are doing the best for your case to get the medical care you need in the future. I sincerely hope with everything else going on, this doesn’t happen to anyone.

 

I wish you and your family safety and wellness during this trying time.

What to do at the scene of an accident

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An injury accident is upsetting and shocking. It’s hard to know what to do, but very important to protect your case and ensure you can get the medical care you need.

 

1. Stay calm, move slow, get your bearings

 

The moments after a collision, whether with an auto, pedestrian, bike, or 18-wheeler can be disorienting. Your body and mind have just been through a traumatic event and it is not uncommon to have trouble processing events around you. The first thing to remember is to stay calm and check yourself for obvious injuries. You don’t want to aggravate an injury by moving or climbing out of a vehicle. If/when you are able, take in the scene and get a feel for the details. Who is involved? What happened? Is anyone in need of emergency attention? Most importantly, make sure that you are safe.

 

2. Call the police

 

Many of us were raised thinking that the thing to do after a collision is to exchange information. This can put you at risk if someone decides to change their story after the dust has settled. In almost every circumstance it is better to call the police and, if possible, get a report done. This will be important evidence if you end up in a lawsuit.

 

3. Take pictures with your phone

 

After the vehicles are towed and the scene cleared, evidence that shows what the scene was like is lost forever. Make sure that you photograph the scene if you are able. Here is list of pictures that you will want to be sure to take:

 

  • License plates (make sure you get the trailer license plate as well if applicable);

  • Driver’s licenses;

  • Insurance Cards;

  • For 18-wheelers, get a photograph of the DOT number, it is usually on the door;

  • Property Damage of all the vehicle involved;

  • Face of the driver;

  • Any witnesses – a good tip is to take a video of a witness saying their name, phone number, and email address;

  • Make sure to get a wide shot of the scene itself if possible; and

  • Be sure and take a picture of anything out of the ordinary (for example broken streetlights that make the scene exceptionally dark).

4. Make sure that the police and EMS know if you are experiencing pain

 

No one wants to incur the expense and inconvenience of an ambulance ride, but it is important that there be a record made of your pain at the scene. At the very least, make sure the officer in charge of the scene understands that you are in pain and may be injured. This will be reflected on the CR-3 (crash report). If your pain is sever, consider traveling immediately to the ER. Emergency Room staff are trained to determine whether or not you have a life-threatening condition that will need immediate attention.

How much does a personal injury lawyer cost in Texas?

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If you have been injured in a car accident, even if it may be your fault, or your injuries may not seem that severe, you may be hesitant to hire an attorney. One of the things you may be considering, and rightfully so, is how much you will pay. Attorneys are typically expensive. Different attorneys are paid in different ways, with different fee structures. So, how much does a personal injury attorney cost?

First of all, most injury lawyers give free initial consultations to discuss the merits of your individual situation. So you should not hesitate to contact a competent attorney because it costs you nothing to do so. Once you have agreed to hire an attorney, he or she will send you a contract. Almost all personal injury and property damage work is done on what is known as a “contingency fee basis”. What that means is that you will sign a contract with that attorney, turning over a percentage of any recovery you may obtain in exchange for legal services. In simpler terms, the attorney will keep a percentage of the amount of your settlement. So if you have no settlement, you own nothing. Even if an attorney works 100 hours for you, you own nothing until your case settles for an amount that you agree to. I always shake my head at the number of billboards and other advertisements that claim, “We don’t get paid unless you win!” as if this is somehow a significant selling point. Ok, yes, that is true. But it’s also true for all lawyers who work on personal injury and property damage cases. It isn’t like those attorneys are offering something different than everyone else.

What a lot of firms don’t advertise is how much of a percentage you will pay them. And this is a reason why I strongly believe hiring a solo practice lawyer can have benefits over hiring a large firm. Many firms have huge overhead, which they pass along to the client in the form of high percentage contracts. Some contingency fee contracts are as high as forty (40!) percent. As a solo practitioner, I avoid high overhead, and I believe that you gain very little advantage just from the fact that you hire a large firm alone. A bigger firm does not guarantee a bigger settlement.

So, how much is a reasonable fee in Texas to hire a personal injury attorney? Many firms today are charging 35% to take on a case, which often rises to 40% once a lawsuit has been filed. I would never charge that much. Not only that, but oftentimes payment of medical bills takes a large portion of the settlement, and the larger corporate firm might end up making more money than the client. At Madsen Law Office, I will never take more than the client. You are the one who suffered the trauma and/or loss. It is only fair that you get more money than the law firm that is working on your case.

Now you might be thinking that sounds like a large fee, and perhaps you’d be better off working the case yourself, without an attorney. The problem here is that if you focus on the fee alone, you are missing out on an important point. Another question to consider is, “What value will an attorney bring to my case?” Insurance companies’ goal is to pay as little as possible. They are quite good at it. Some companies are tougher than others, and they have teams of lawyers who work for them. The difference an experienced personal injury attorney makes in arguing against them is often several times what you may be able to gain by yourself. I personally know many of the big players in the major insurance companies, just by my experience doing this in the Austin area for so long. I also have relationships with mediators. An experienced injury lawyer knows what a fair settlement looks like, what a smart amount of medical treatment to get for your case is, the types of treatment that are normally covered in injury claims, and more. Just the mere fact that an insurance company sees you are working with an attorney can lead to a quick and no-nonsense settlement. Insurance companies are notorious for delaying, delaying, delaying, which can harm your case. With an attorney, you get more than a professional demand letter and expertly negotiated mediation; you also get a personal guide through exactly what you should be doing and when, so your case has the best chance of a successful outcome.

In the end, how much a personal injury lawyer costs is less important than the value they bring. But when you are shopping between lawyers to represent you in your case, take my advice and make sure you read and understand your contract for representation. You deserve an attorney who is open, honest, and transparent, and one who will take the time to explain how the payment process works before you sign the contract. If you would like a consultation about your case, I’m happy to speak with you, no obligation, free of charge. I’m here to help.

Hiring a Personal Injury Lawyer in Texas? Why Bigger Isn’t Always Better

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Chances are that you’ll know when you need a lawyer in Texas. The events that cause the average person to need legal assistance are usually dramatic and obvious. You may be in the middle of a contentious divorce, you may have been arrested, or you may be lying in a hospital after being hurt by someone in a car accident or truck accident. While there are some exceptions, people are generally good at knowing when they need an attorney. How to choose an attorney is another matter altogether. The process of choosing who to represent you is often much less clear, and is made all the more difficult due to pressure that you may feel to act quickly, especially after a vehicle collision.

 

What are your options:

 

Texas law firms, especially personal injury firms, have traditionally been divided into two types. The first type is when a skilled attorney opens up a law firm dedicated to his or her specialty.  These types of firms are specially designed to allow the attorney to personally dedicate themselves to representing and helping clients that fall within their area of expertise. The second type is large firms that are often structured as a partnership or a corporation. This includes the silly TV advertising with lawyers who talk aggressively at the camera and tell you their clever nicknames. Usually, they stick the word law in front of a tool or a predatory animal and pretend like it makes them better lawyers. They have billboards that decry that they are the “law eagles”, or the “law pistols”, or the “Texas battering ram.” For whatever reason, you will find a lot of this type of goofiness when you are looking for a personal injury firm.

 

The problem with “big” firms:

 

Large, corporate firms and partnerships are usually built on the skill and reputation of one or two attorneys. These attorneys are usually the ones responsible for the big verdicts that are advertised on billboards and television. The problem is that those attorneys will only ever be personally involved in a fraction of the cases that they sign up. The reason for this is that these larger firms model their business on volume. They try and get as many cases as possible, and, unless your case is worth millions of dollars, after the first consultation, you will be handed off to a far less competent associate attorney or legal assistant who will do all the work on your case. If you are dealing with serious injuries needing treatment after a car accident or truck accident, your case may suffer if it’s handled by an inexperienced personal injury attorney. Your case may even be assigned to a lawyer fresh out of law school, working their first case.

 

Do you want to be a lawyer’s first case?

 

If you choose the big-name firm, you may deal with several different lawyers over the course of your case. The lawyer who writes the petition may be different than the one answering discovery, who may be different than the one representing you in trial. You may never be able to speak with the lead attorney, even if you ask. Additionally, many attorneys with experience may not have the right type of experience. If you’ve had a car accident, you need to find an experienced car accident lawyer. If you’ve been injured in a truck accident, you need a truck accident attorney. How do you know if you’re getting one of the good ones?

 

What is the alternative?

 

At my personal injury firm, I do things differently. The model at Madsen Law Office is to provide a boutique experience for my clients with the same fees (or in some cases less) as the larger, corporate firms. Our aim is simple: to effectively, professionally, and personally represent each client. I’m not interested in trying to sign up every client from San Antonio to Georgetown. What I am interested in is making sure that I provide my clients with the very best representation possible in order to maximize their recovery. This business philosophy allows me to dedicate specialized attention to your case. You get the benefit of working directly with me as your lead attorney. I specialize in various types of personal injury accidents, such as car accidents and truck accidents, as well as property liability claims. I have been very successful in winning trials and mediations for my clients. If you call my office, then you will speak with me. I will handle all aspects of your case from consultation to resolution. When you hire Madsen Law Office, you get Nick Madsen as your personal attorney. If you compare the experience at Madsen Law Office to the experience you will get working with one of the large TV firms, you will see that those other firms can’t give you the type of personalized service I do, and you can’t be sure of the qualification of the attorney representing your interests. This can’t be overstated; make sure you know the qualifications of the attorney who will actually be handling your case. So if you want to feel confident that your injury case will not be sitting in a huge stack of many others, but will be given individualized attention and worked as hard and fast as possible by a skilled and qualified personal injury attorney, then Madsen Law Office is the firm for you.

And there’s another common type of small firm that may not be the right choice.

If you want to avoid the big, corporate firm, you can either hire a small General Practice Firm or a specialized Personal Injury Firm. I strongly believe it’s important to seek a specialist. If you’ve been in a car accident, you should hire a personal injury lawyer. At a General Practice Firm, you may have an excellent attorney who does mostly divorce cases and has a few car accident cases a year, or less. You will pay the same amount for an experienced car accident lawyer. Truck accidents are also an area where it’s important to seek out a specialist. Commercial accidents have specific considerations that are best handled by an attorney who has done several of them; a truck accident requires a truck accident attorney. This is especially the case if you have serious injuries. The right attorney can be your guide and partner every step of the way to make sure your medical needs are taken care of in the right amount of time in the right way to increase the strength of your case. I’m happy to be your partner in doing so. And if you are unsure at all, feel free to call me directly for a free consultation. I’m here to help.