It’s the end of the year, and that means it’s time for the Winter 2008/2009 Texas Law Alert! This table-of-contents article and the following short blog entries are all part of this winter’s Alert. Easy-to-read tips and articles on common legal questions make up each Texas Law Alert, a free service from Street and Ragsdale, your Fort Worth/Dallas personal injury lawyers.

WE PREFER YOU TO REFER!

The period of time following an accident is one of confusion and uncertainty. There are many things to take care of. Hiring a good lawyer is one of them.
Many times, people don’t know where to go when they need legal help. If you or a loved one has been injured in an accident, call us. We will vigorously represent you and make sure that you are justly compensated for your injuries. That’s our job.

ATVS: ACCIDENTS WAITING TO HAPPEN

According to the Consumer Product Safety Commission, approximately 136,000 injuries and 700 deaths occur from ATV accidents every year.

CHILDREN AND ATVS

Amazingly, 95% of children between the ages of 12 and 15 who are injured on ATVs (and 65% of younger children) are injured or killed while riding a full-size ATV intended for an adult.

BE ALERT FOR MEDICATION ERRORS
While more and better drugs are usually considered a good thing, the increase in the number of drugs available and in the number of drugs the average person takes has led to an explosion in the number of errors made in prescriptions.

UNSAFE LOAD = BIG RECOVERY
The company’s president told him he could either drive the company’s truck or drive his own truck home. The trucker refused to take the unsafe load and was fired the same day.

BALANCE YOUR CHECKBOOK
Although no one would argue that balancing your checkbook is a fun way to pass an evening, balancing it every month is important for several reasons.

INSURANCE COMPANY HITS
When it’s time for an insurance company to pay you a settlement because you were injured in an auto accident, does your insurance company sing a different tune?

It is worth remembering that sometimes things do work out for the best if you do the right thing. This point was driven home by a recent case involving a Texas truck driver and an unsafe load.
The truck driver was fired because he refused to take to the highways driving a load of steel that was not properly secured and was therefore dangerous. The company’s president told him he could either drive the company’s truck or drive his own truck home. The trucker refused to take the unsafe load and was fired the same day.
The trucker sued, claiming that he was fired solely for refusing to perform an illegal act. At trial, the jury agreed. Contributing to its verdict were a number of facts, including the following:

•    This was not the first time the driver had complained about having to drive a dangerous load.
•    The company admitted that it knew next to nothing about the federal regulations governing trucks and their loads.
•    The driver had previously received a ticket for transporting an unsafe and illegal load, about which he had complained.
•    When another driver took the same unsafe load the trucker had refused to take, part of the load came loose and slammed into the driver’s cab.

The trucking company tried to discredit the trucker’s stance and to portray him as being in it for the money, but the jury credited his testimony that he had been trying to do the right thing and be a good role model for his kids. The jury awarded the trucker $267,000, even though he had suffered only $7,500 in lost wages. Those of us who drive on Texas highways can only hope that the trucking company got the message.

Insurance companies take in billions of dollars of premiums. But when the tables get turned and it’s time for an insurance company to pay you a settlement because you were injured in an auto accident, the insurance company sings a different tune. An insurer will use any excuse to avoid paying a fair settlement, but some of the more common ones are listed below.

1. You were speeding and therefore could not avoid the accident (sung to the tune of Hot Rod Lincoln by Commander Cody)
2. Your car had defective equipment that caused the accident (sung to the tune of Manic Mechanic by ZZ Top).
3. You failed to use a turn signal (sung to the tune of Turn! Turn! Turn! by The Byrds).
4. You were not paying attention before the accident (sung to the tune of Carefree Highway by Gordon Lightfoot).
5. There were no witnesses to the accident except for the passengers in your car. . . and they don’t count. (Can I Get a Witness? by Marvin Gaye).

Don’t let an insurance company give you the old song and dance routine and avoid paying you what you deserve. Call us today and we’ll make the insurance company sing sweet music to your ears.

And is your insurance company one of our Worst Insurance Companies? Maybe you’re smart enough to have picked one of our Best Insurance Companies to insure your car. Find out now!