Dallas-based Firm Publishes Article Regarding The Importance Of Seatbelt Use For A Personal Injury Claim

Dallas-based law firm, Mullen & Mullen has published an article offering free legal advice to the public regarding how seatbelt use may affect their personal injury claim after a car accident. The article is presented in the form of six questions that are most likely to be on the mind of an accident victim who was not wearing a seatbelt.

The article begins by assuring the reader that a car accident is often a once-in-a-lifetime event and it is natural for the victim to have lots of questions in its immediate aftermath. Shane Mullen goes on to explain that the law surrounding car accidents is complex and it takes a calm mind to ensure the best possible outcome for oneself. The article then proceeds to answer the questions posed in the simplest possible manner.

The biggest question on the victim’s mind is if they can recover money if they weren’t wearing a seatbelt and the other driver was at fault. The lawyer answers that some states don’t allow the victim to recover the money in this case. However, in Texas, according to a ruling in 2015, money can be recovered. However, the amount of money recoverable might be reduced. The lawyer then reiterates that despite the ruling, it is highly advisable to wear a seatbelt. If the rider ends up in an accident without a seat belt, it can lead to serious traumatic injuries and there is even the prospect of death. A seatbelt can be the difference between life and death in a high-stakes collision.

The second question the article answers is whether the client should give the other driver’s insurance adjuster their medical records if they are asked for. The lawyer says that under no circumstances should the victim give the other driver’s insurance their medical details. This is because the insurance provider on the other side will go through the client’s entire medical history with a fine-tooth comb to find ways to reduce or eliminate what they owe the client. It is recommended to first consult a personal injury lawyer before handing over any sensitive information.

The next question on the victim’s mind could be whether the case will go to court. The lawyer answers that it is very unlikely as most cases are settled out of court. Some might need to go to trial to obtain the recovery. This also depends on the skill of the injury lawyer.

The article then advises the reader that if they were in an accident they should always immediately go to the doctor to seek a medical evaluation. This plays a crucial role as it is far easier to negotiate a claim with proven medical evidence from a doctor to back up the client. Judges and juries are also likely to award fair compensation as they believe that injured people seek medical help right away.

The article then discusses the possibility of claiming recovery if the client was partly at fault for the accident. The lawyer says that in Texas, the compensation is decided using “comparative fault”. If the client is deemed to be less than 50% responsible for their own injuries, they can still recover fair damages. The recovery will be reduced by the percentage of fault assigned to the client by the judge.

Finally, the lawyer says that those who have been in a car accident may have trouble remembering the exact details of the situation and that is fine. Human memory can be fickle and recollections about the incident might change as newer details come to light. The best step one can take is to pledge to tell the truth as they remember and let the law do the rest.

Shane V. Mullen is an attorney licensed by the State of Texas for the general practice of law, and the Managing Partner at Mullen & Mullen Law Firm in Dallas, TX. His firm focuses exclusively on personal injury law and has been in business for 38 years.