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An Austin Truck Accident Attorney Explains Why Accident Claims Are Denied

Posted on Friday, November 11th, 2022 at 12:04 am    

Trying to deal with your insurance company after a car accident can be stressful. If you haven’t submitted your claim yet, understanding why accident claims are denied and how to avoid this issue can save you from problems down the road. 

On the other hand, if your claim has already been denied, recognizing the reasons why may provide you with alternative options to pursue. Most importantly, your insurer should explain why your claim was denied, and if they don’t, they may be acting in bad faith. 

Seek out the guidance and support of the experienced Austin truck accident attorneys at Ramos James Law, PLLC, to get your claim honored. 

Our team would like to address the valid reasons why claims are denied.

Reasons Why Claims Are Denied

  • Lapsed Coverage

If your insurance policy wasn’t paid at the time of your accident and had been canceled, the claim will likely be denied. You also won’t be able to pay the past due bill to cover an accident that already happened. 

Always make sure your insurance is current. 

  • It Isn’t Clear Who Was at Fault

Most insurance companies will try to make a claim against the other driver’s insurance company. Sometimes, that insurance company may claim you are partially at fault as well, and send a claim to your insurer. 

This can result in a stalemate where both drivers are left without any compensation from their claim. 

If your insurer claims you were at fault and you feel that is not true, you will need an attorney to help pursue your claim.

  • A Crime Was Committed During the Accident

Being involved in an accident while in the process of committing a crime, like driving under the influence, will void your policy. This results in a denied accident claim if you were at fault. 

If the driver responsible for the accident was intoxicated or distracted as a result of cellphone use, then it’s definitely worth speaking with our Austin truck accident lawyers at Ramos James Law to better understand your options. 

  • You Waited Too Long to File a Claim

Once you’ve been in an accident, the clock starts ticking on your chance to file a claim. You have 10 days under Texas laws to report an accident while many insurers require you to inform them of an accident within 24 hours. 

Try to submit your claim as quickly as possible to give it the best chance.

  • You Didn’t Seek Out Medical Attention

If you don’t feel pain after your accident, you may skip a medical exam. However, some injuries may only be felt days or weeks later.

Thus, it’s always in your best interest to seek medical attention immediately after an accident to uncover any injuries that you may not be aware of. You’ll be able to submit your medical records to your insurer along with any other evidence you have.

Failing to seek out medical attention but then attempting to secure compensation for any injuries will lead to a denial. 

Was Your Accident Claim Denied? Call Ramos James Law

Consulting with a truck accident attorney in Austin should be your first step before you even submit an insurance claim. If your accident resulted in serious injuries, you will likely need the help of an attorney. 

Ramos James Law, PLLC, takes great pride in delivering the legal guidance and support our clients need while securing the results they deserve. Contact us today for a FREE consultation and learn more about the next steps to take.

Schedule Your FREE Consultation

One Dead After Auto-Pedestrian Collision in Austin

Posted on Sunday, October 30th, 2022 at 4:13 pm    

An auto-pedestrian crash on the night of Wednesday, October 26, near 5300 North IH-35. The accident also resulted in three additional minor crashes from rubbernecking, according to the Austin Police Department.

The collision was reported at 7:23 pm according to Austin-Travis County EMS. Unfortunately, the pedestrian involved in the incident was pronounced dead at the scene by ATCEMS.

All northbound lanes of I-35 were closed and traffic was diverted to the frontage road at 51st.

The case is still under investigation at the time of this writing.

The Dangers of Rubbernecking

As this case proves, gawking at an accident can be dangerous. The first and most obvious concern is that you shouldn’t take your eyes off the road, even at slow speeds.

Most people will steer towards where they are looking without meaning to. This results in further accidents that make traffic jams worse.

While most are minor, these accidents can make the traffic worse or even result in fatalities.

Even if you’re curious, keep your eyes on the road and follow safe driving practices. You’ll keep yourself and others on the road safer.

Trust Ramos James Law, PLLC, if You Have Been Injured in an Auto Accident

Being involved in an accident can be scary, and it gets worse if you’re seriously injured or a loved one dies. But you don’t need to handle this situation alone.

Ramos James Law, PLLC, is here to help. We have years of experience in making sure people get the compensation their case deserves. If you want to know your next steps, contact us for a FREE consultation.

Schedule a FREE Product Liability Consultation Today

Source: CBS Austin

Auto-Pedestrian Collision Results in One Death

Posted on Saturday, October 15th, 2022 at 8:01 pm    

At 7 a.m. on October 12th, a crash involving a pedestrian was reported in Austin. The incident occurred close to the 500 block of West Anderson Lane, which is close to US-183 Highway and an apartment block.

Medics arrived at the scene to find traffic diversions being set up and one unconscious adult. The medics received a “deceased on scene pronouncement” at 7:15 a.m. for the currently unidentified victim. 

Authorities expected extended road closures and urged drivers to pick other routes to avoid the area.

How To Stay Safe Around the Road

Pedestrians crossing any roadway are inherently unsafe. Even if using a marked crosswalk and following all rules, a negligent individual can still run the intersection and hit you. 

The best way to stay safe is to stay alert. These tips can help pedestrians stay safer: 

  • Always use marked crossings. Most drivers aren’t expecting to see someone trying to cross in the middle of the street. Combine this with the number of people who drive distracted and you have a recipe for disaster.
  • Check both ways a few times. We were taught to look before we cross, but a quick look may not be enough. Be sure to look at incoming traffic right before you step into the street.
  • Be careful during twilight hours. When the road is dark, you are less likely to be seen. Be sure to wear light clothing and always err on the side of caution. Dawn and dusk are also dangerous since the sun may be in a driver’s eyes and make it difficult for them to see properly.
  • Keep a hand on your children. Young children are often prone to bolting if given the chance. Never allow your child to walk away from you near the road. 
  • Don’t chase after anything you dropped. Trying to grab a receipt that blows away or a dropped hat can be incredibly dangerous. If you are bent over, a driver is much less likely to see you. Never risk your life for something that can be replaced.
  • Run perpendicular to the vehicle’s path. If you are in the path of a car, take the shortest route to get away. This means running across the path or stepping back if you can. You will not be able to outrun a car, no matter how fast you are. A glancing blow is typically more survivable than a head-on collision.

Trust Ramos James Law, PLLC, if You Have Been Injured in an Auto-Pedestrian Collision

If you have been injured in a collision as a pedestrian, there is help. Ramos James Law, PLLC, has years of experience in representing victims and their surviving family members.

We make sure your rights are protected so you can worry about recovery. If you aren’t sure where to start with your case, we offer a FREE consultation so you know your next steps. Don’t delay, we’re here to help.

Schedule Your Free Consultation Today

Source: KVUE


One Person Dead in Hit-and-Run in South Austin

Posted on Monday, July 25th, 2022 at 12:00 am    

One woman lost her life after being struck by a car in South Austin. The incident happened just before midnight on Saturday, June 25th, 2022. 

Fatal Hit-and-Run

The 45-year-old woman was killed near the Travel Lodge motel on the IH 35 Service Road Northbound. 

Austin-Travis County EMS responded to the scene at 11:44 pm with Austin Police confirming that the woman was hit by a vehicle that fled the scene. 

A vehicle description is not available at the time of writing. There is also no suspect. The investigation is ongoing.

Understanding Hit-and-Run Statistics

Hit-and-run accidents are sadly common. In 2015, there were 737,100 crashes nationally, which includes all incidents where one person fled the scene of the crash:

  • In 2016, there were 2,049 fatalities caused by hit-and-run accidents
  • 5% of all traffic fatalities were hit-and-run incidents
  • 20% of all pedestrian fatalities were caused by fleeing drivers
  • Of all fatalities caused by hit-and-run drivers, 68% were pedestrians and bicyclists

Unfortunately, hit-and-run incidents have been increasing over time with over 2,000 hit occurring every single day nationally.  

Distracted and drunk driving are some of the most common causes, and they also tend to occur at night since visibility is lower and drivers are more likely to be intoxicated. 

The most common locations of hit-and-run accidents are typically in poorly lit and isolated areas where there is little traffic. Poorly designed roadways also have more hit-and-run incidents. 

If you or someone you know has been the victim of a pedestrian accident, you may be dealing with a hard time. The Austin attorneys at Ramos James Law, PLLC, can help you get the results you deserve. 

Schedule Your Free Consultation Today

Source: CBS Austin

Car Catches on Fire After 2-Vehicle Collision

Posted on Thursday, July 21st, 2022 at 12:00 am    

The Austin Fire Department reported a vehicle on fire in South Austin at 1 p.m. on July 21, 2022.

Details About the Crash

The two-car collision happened close to the intersection of South 1st Street and Cardinal Lane. One of the vehicles crashed into the privacy wall surrounding a South Austin home. 

The Austin Fire Department was called to the scene. When firefighters arrived, the car was already on fire.

Both drivers were evaluated at the scene. Neither needed transportation to the hospital.

Austin Car Accident Attorneys on What To Do if Your Car Catches Fire

Having your car catch on fire after a crash is a nightmare scenario for many people. Being prepared will help keep you from panicking, should you ever face this situation:

  • Get off the road and turn the vehicle off.

If you are still driving when you notice your car begins to smoke or see any flames, pull over immediately! Once you’ve pulled over safely, turn off the car as a running engine can shorten the time you have to escape.

In situations where the fire was caused by an accident, prioritize simply getting out of the vehicle. 

  • Evacuate passengers and animals.

Pulling out anyone or anything alive is a top priority. If you or anyone can move, get an escape route open first before you start attempting to get others out.

If you’re unable to open doors due to damage, break a window if necessary. However, be aware that breaking open a window (or opening a door) will add air to the situation, which can lead to the fire spreading much more quickly. You’ll want to move as fast as you can!

Do NOT attempt to pull out any possessions from the vehicle; worry about the passengers first and foremost. 

You should also never attempt to put the fire out yourself. Also, DO NOT open the hood as this will add air to the fire, which can cause it to grow more intensely.  

If you can close the doors after you leave, be sure to do so.

If you come upon a scene and people are still in the vehicle, get them out. The typical advice is to wait for EMTs to remove victims due to the potential to worsen injuries. This does not apply in the case of a vehicle fire.

  • Stay at least 100 feet away from the vehicle. 

Any victims should be moved as far as safely possible. 100 feet is generally sufficient to keep safe from fumes and fires. Bystanders should also be warned away once victims are safe. 

  • Call for help as soon as possible.

Call 911 as soon as possible. If there are multiple people in the area, ask others to call for help so you can aid passengers (if possible). Try to warn oncoming traffic if possible until help arrives.

If you have been the victim of a car accident that resulted in a vehicle fire, contact your Austin car accident attorneys at Ramos James Law, PLLC, to start your claim. We have experience in car accidents and can help you get the justice you deserve. 

Schedule Your Free Consultation Today

Source: CBS Austin

One Life Lost in Wrong-Way Accident

Posted on Monday, May 23rd, 2022 at 12:00 am    

Austin Police responded to a crash at 5:41 a.m. in Austin on May 23, 2022. 

About the Crash 

In the early hours of May 23, a motorist was traveling the wrong way on the Mopac Expressway when they crashed into another vehicle.  

The wrong-way driver died at the scene of the accident according to Austin Police. 

The driver of the other vehicle was transported to a local hospital with minimal, non-life-threatening injuries. 

Austin Car Accident Attorneys Inform You What To Do if You See a Wrong-way Driver

Seeing a car heading in your direction on the highway is frightening and dangerous. According to the U.S. Department of Transportation, approximately 350 people die annually due to wrong-way accidents. 

Being aware of your surroundings on the highway is vital to avoiding an accident. The following is advice on what to do when you see a vehicle headed in the wrong direction: 

1. Drive with extreme caution on nights and weekends. 

Nights and weekends are more likely to have intoxicated or impaired drivers on the road. Be on high alert if you must be on the streets at these times. 

2. Veer towards the right lane. 

Statistics have shown that wrong-way drivers usually drive on the left lane since it’s closer to the median and the road they should be on. 

3. Be vigilant.

Avoid distractions, such as being on your phone, eating, or tuning the radio. Staying focused on the road allows you to observe your surroundings and catch any reckless drivers. 

4. Alert the authorities. 

Call 911 as soon as you are out of harm’s way to report the wrong-way motorist and to potentially prevent any accidents or deaths. 

If you are a victim of a car accident due to a wrong-way motorist, contact your experienced Austin car accident lawyers to start your claim and get the compensation you deserve. 

Schedule Your Free Consultation Today

Source: KXAN 

Austin Car Accident Lawyers Share 7 Common Causes of Car Accidents

Posted on Thursday, May 5th, 2022 at 12:00 am    

Car accidents are dreadful experiences that can cause serious damage to your physical and mental well-being. The aftermath can be especially confusing as you attempt to deal with the situation. 

This is exactly why you should contact your Austin car accident lawyers to guide you on what to do after an auto accident. The team at Ramos James Law, PLLC, would like to share some facts on the main causes of car accidents in hopes to bring awareness and prevent accidents. 

Leading Cause of Car Accidents 

While freak accidents do happen, there are common reasons traffic accidents occur. The main causes of car accidents include:

1. Distracted Driving 

One of the most common driving mistakes in today’s modern world is distracted driving, which includes talking or texting while driving. Other common distractions that can impair your driving include:

  • Eating while driving
  • Putting on makeup while behind the wheel
  • Attempting to use GPS while driving
  • Lack of focus on the road due to passengers

2. Driving While Inebriated 

Unfortunately, even with apps like Uber and Lyft, drunk driving is still a frequent cause of automobile accidents. Although drunk driving isn’t the number one cause of crashes, it is the most fatal. 

We encourage everyone to call a Lyft, Uber, or friend, or designate a sober driver instead of getting behind the wheel after a night of drinking. 

3. Driving Over the Speed Limit 

With all the pressure of getting to work on time, plus the amount of traffic, one may be tempted to speed up to get to their destination quicker. Keep in mind that it is better to show up late than to risk your life and the lives of others. 

4. Weather

Texas weather shows brutal winters and hurricane seasons can occur. Driving on icy roads can pose a danger even to drivers who are used to driving in those temperatures. Rain is also a major contributor to weather-related accidents.

5. Avoiding Traffic Signals 

Running a red light or stop sign can cause a serious accident. Cellphone usage contributes to neglecting traffic signs, which is why it is important to be aware of your surroundings and put down the phone when behind the wheel.

6. Night Driving

Driving when it is dark can be difficult without adequate lighting. If you are having difficulty seeing in front of you at night, be sure to use your high beams to check for any upcoming twists or turns and traffic. 

7. Fatigued Driving 

A lot of us work hard for countless hours at a time, which can leave us exhausted by the end of the day. If you are feeling extremely tired, it is best not to get behind the wheel. Fatigued driving is impaired driving. 

Austin Car Accident Lawyers Hope to Prevent Accidents By Sharing The Leading Causes of Car Crashes 

We hope these statistics help reduce the number of car accidents that can lead to tragic outcomes. Being aware of the main causes of accidents can help you become more alert while driving. 

If you or someone you know has been involved in a car accident, contact your Austin car accident attorneys at Ramos James Law, PLLC, for guidance on starting a claim.

Schedule Your Free Consultation Today

Driver Arrested for DWI After Fatal Crash in Austin

Posted on Friday, April 29th, 2022 at 12:00 am    

A person riding a scooter was killed after being struck by a driver in East Austin on Friday, April 29th, 2022.

Details About the Accident 

Authorities responded to a car crash on April 29th at around 2:30 a.m. near 3401 E. 7th Street. According to the authorities, an individual on a scooter was pronounced dead on the scene, while the driver who struck the victim was arrested for DWI. 

There were several street closures as a result of the accident but all were reopened around 6 a.m.

Sobering Accident Facts Provided by Austin Car Accident Lawyers

Drinking and driving are two activities you should never combine. Not only does, drinking and driving put your life at risk, but also the lives of all others on the roads, including innocent pedestrians. 

The following are some eye-opening facts about drunk driving that can potentially help save lives:

  • Drunk driving accidents are 100% preventable
  • Having a blood alcohol concentration of 0.08% or higher is considered legally drunk
  • Your first DWI can cost thousands of dollars
  • In the U.S., approximately 30 people die due to drunk driving every day 
  • Texas is the fourth-worst state for drunk driving 
  • In 2019, there were almost 25,000 DUI crashes in Texas 
  • Fatal drunk driving accidents can lead to prison time 

We can only hope everyone reconsiders getting behind the wheel after a night of drinking. A night of fun is not worth the severe legal consequences you may face, especially when there are so many options to find a designated driver. 

If you or a loved one have fallen victim to a drunk driving accident, contact your Austin car accident lawyer at Ramos James Law, PLLC, to guide you in the process of recovery.

Schedule Your Free Consultation Today

One Deceased in Intoxicated Driving Accident

Posted on Monday, March 28th, 2022 at 12:00 am    

A pedestrian was struck and killed by a drunk driver just after 6:30 p.m. in Cedar Park. 

Details About the Accident 

A man was arrested on March 28, 2022, days after striking a man walking on a sidewalk on Avery Ranch Blvd. and South Bell Blvd. 

The victim was taken to the hospital where they succumbed to their injuries. 

The driver has been arrested and charged with intoxication manslaughter and the accident is still under investigation. 

Texas Ranks in Top 5 of Worst Drinking and Driving States

Unfortunately, Texas takes fourth place in the worst states for inebriated driving. 

In 2021, Texas roadways saw almost 5,200 deaths due to intoxicated driving. Studies show that there are approximately seven drunk drivers for every 100,00 people. Needless to say, these numbers are tragic and can easily be prevented. 

The consequences of driving while intoxicated can be catastrophic, and knowing when not to drive or telling someone not to drive can save lives. 

How to Spot a Drunk Driver

If you see a person driving recklessly, it is important to get yourself to safety and report what you saw. Some signs of drunk driving include:

  • Swerving in and out of lanes/road lines 
  • Swerving onto the wrong side of the road 
  • Completely driving in the wrong lane
  • Turning suddenly, without blinkers, and/or illegally 
  • Driving under the speed limit and timidly 
  • Ignoring traffic signs 
  • Close to colliding into other vehicles or causing accidents 
  • Headlights off 
  • Frequent breaking 

If you or someone you know have been a victim of a pedestrian or intoxicated accident, contact your Austin car accident attorney at Ramos James Law, PLLC, to begin the road to physical and emotional recovery.

Schedule a Free Consultation

One Person Hospitalized After Being Struck by a Car in South Austin

Posted on Monday, March 14th, 2022 at 12:00 am    

One person was injured after being struck by a car around 12:40 a.m. in Austin. 

Details on the Auto-Pedestrian Accident

A person walking on Westgate Boulevard was hit by a car on March 14 at about 12:40 a.m. in South Austin. The pedestrian was said to be in critical condition and was taken to St. David’s South Austin Medical Center with life-threatening injuries. 

The accident is still pending investigation and no further details have been released. 

Auto-Pedestrian Accidents in Texas 

About 6,000 pedestrians are fatally struck by vehicles each year in the United States. Approximately 10% of these accidents happen in Texas.

According to the Texas Department of Transportation, pedestrian fatalities are increasing in Texas and account for almost one in every five accidents. 

In Texas, there were about 5,000 pedestrian-involved accidents in 2020. Consequently, those accidents caused over 1,000 serious injuries and 731 deaths.

The most common circumstances for auto-pedestrian accidents in Texas are:

  • Pedestrians not yielding to vehicles’ right-of-way 
  • Drivers not paying attention
  • Drivers not yielding to pedestrians’ right-of-way
  • Drivers traveling over the speed limit

Safety Tips for Pedestrians and Drivers To Prevent Accidents

Pedestrians are more susceptible to serious injuries or death in traffic accidents simply because of the sheer size of vehicles. We each have a responsibility to abide by the rules of the road and decrease the tragic numbers of pedestrian deaths. 

As a driver:

  • Be aware of the pedestrians’ right-of-way, especially when making turns
  • Come to a complete stop for pedestrians at crosswalks 
  • Be mindful of stopped buses or other vehicles 
  • Keep your eyes on the road; don’t be distracted; don’t use your phone 

As a pedestrian:

  • Use intersections or crosswalks to cross the street
  • Look both ways before crossing
  • Make eye contact with drivers to make sure you are seen 
  • Don’t presume all drivers see you or are paying attention 
  • Follow all traffic and crosswalk signs 
  • Always walk on a sidewalk or on the left side of the street to face oncoming traffic 
  • Avoid using devices that distract you from seeing and hearing 


Austin Car Accident Attorneys Determined To Help You Secure Justice

If you or a loved one have been involved in a pedestrian accident, look no further than Ramos James Law, PLLC, to get the justice and compensation you deserve.

Schedule a Free Consultation