Category: Auto Law

Uninsured & Underinsured Motorist Accidents: Protecting Your RightsUninsured & Underinsured Motorist Accidents: Protecting Your Rights

May 16, 2023

This Blog was brought to you by the Carabin Shaw Law Firm in San Antonio

Uninsured & Underinsured Motorist Accidents: Protecting Your Rights

If you have been involved in a hit-and-run car or motorcycle accident, or if you have collided with an uninsured or underinsured driver, you may have concerns about filing a claim with your own insurance company. You may worry that doing so could lead to increased insurance premiums or even the cancellation of your policy. At our Law Firm, we understand these concerns and are here to help.

Resolving Your Case Correctly and Appropriately

Our experienced attorneys know how to handle hit-and-run and uninsured motorist accidents to ensure that your rights are protected without jeopardizing your insurance benefits. We will work diligently to resolve your underlying car accident case while safeguarding benefits such as med pay, uninsured motorist coverage, and any other applicable benefits. We offer a free consultation to discuss your rights and legal options, so contact our office today to learn more.

Understanding Uninsured Motorist Insurance Coverage

In Texas, the law requires drivers to have a minimum coverage of $30,000 for injuries per person, up to a total of $60,000 per accident, and $25,000 for property damage. This is known as 30/60/25 coverage. However, the reality is that serious car accidents can result in much higher medical costs and recovery expenses. Even if the driver who caused the accident has the legally required insurance, it may not be enough to cover all your medical bills and related costs.

The Role of Med Pay in Uninsured Motorist Accidents

Med pay, also referred to as PIP or personal injury protection insurance, is specifically designed to cover your medical expenses, even if you are found to be at fault in the accident. Our team understands how to navigate the settlement of auto accident claims to maximize any med pay benefits you are entitled to. Importantly, we do not charge any fees for obtaining your med pay benefits, ensuring that you receive the full compensation you deserve.

Contact Us Today for a Free Case Evaluation

If you have been involved in an uninsured or underinsured motorist accident, it is crucial to seek legal guidance to protect your rights and pursue the compensation you deserve. Please call our office today, toll-free, to schedule a free case evaluation. We are also available via email and will provide a rapid response to your inquiry.

At our Law Firm, we are committed to helping you navigate the complexities of these types of accidents, ensuring that your rights are upheld and that you receive the necessary support and compensation. Your well-being and financial security are our top priorities, and we will fight tirelessly on your behalf.

National Transportation Safety Board Member Calls Texting While Driving the “New DUI”National Transportation Safety Board Member Calls Texting While Driving the “New DUI”

January 10, 2019

With a steady rise in cell phone related car accidents, distracted driving is becoming more and more of a hot button issue among legislators and drivers alike. On Tuesday December 13, 2011, the National Transportation Safety Board (NTSB) urged states to put forth efforts to ban all cell phone use among motor vehicle drivers.

We recently reported on NTSB’s push for cell phone bans among commercial truck drivers following a devastating trucking accident which claimed the lives of 11 people in Munford, Kentucky. But an August 5, 2010 four-vehicle crash which resulted in two deaths and 38 injuries has motivated the board to urge a ban on all non-emergency cell phone use for all drivers.

Although the NTSB does not have the authority to legislate, the board’s unanimous recommendation promises to spark much debate on the issue of distracted driving. Members of the NTSB are calling for a ban not only on the use of hand-held cell phones but on hands-free devices as well. NTSB member Robert Sumwalt is being widely quoted, by CNN for example, after referring to distracted driving as “the new DUI.”

The National Highway Traffic Safety Administration reports that the year 2010 saw 3,092 traffic fatalities due to distracted driving. Cell phone use—particularly texting while driving—is becoming an epidemic in America, one which requires immediate attention.

The problem: While more and more states are implementing bans on cell phone use in motor vehicles, the Insurance Institute for Highway Safety makes the claim that these bans result in little to no change in traffic crashes. Whether banned or not, many people will continue to use their cell phones while they drive. In response to this issue, many car manufacturers are developing new technologies which promise to make in-car communication safer and more productive.

The video below, provided by CNN, features Ford researcher Jim Buczkowski discussing the voice-activated Sync system. The goal for Sync and similar systems is to enable drivers to make phone calls while keeping their hands on the wheel and their eyes on the road.

More On Texting While DrivingMore On Texting While Driving

June 21, 2018

I know that there’s a lot being written on this subject. I write as much as I can on the texting issue because it’s important to me. Here’s recent information. In the Lehigh County case of Commonwealth v. Steiner,(Lehigh Co. May 4, 2011), Judge James T. Anthony ruled that an Allentown City ordinance prohibiting the use of a cell phone while operating a motor vehicle was invalid because the Pennsylvania Legislature intended that motor vehicle regulations be uniform throughout the state and this ordinance would subject motorists to unreasonable inconsistencies contrary to the purpose of the Vehicle Code. Defendant’s motion to dismiss granted.

In this criminal matter, the defendant was charged with violating the ordinance for using a mobile phone while operating his vehicle. He was found guilty and appealed. Following the summary. He then of course through counsel, filed a motion to dismiss arguing that the ordinance was preempted by the Pennsylvania Vehicle Code.

After reviewing the law of preemption, Judge Anthony ruled that the Pennsylvania Legislature intended that motor vehicle regulation to be uniform throughout the state. For the ordinance at issue to be valid, there must be specific authorization in the Vehicle Code permitting the City of Allentown to enact such an ordinance.

It sounds like the lawyer in this case for the defendant did a good job in arguing his position. Unfortunately, the Pennsylvania Legislature is going to have to past uniform regulation prohibiting texting and driving. Otherwise there will be no real teeth to these ordinances throughout the state.