Category: Vehicle Accidents

Can You Get Punitive Damages in a Car Accident Case?

June 17, 2022
Evans & Herlihy

If you have been injured in a car accident in Texas because of another driver’s negligence or carelessness, you may be entitled to several kinds of damages. Texas law allows you to recover damages to compensate for losses like medical expenses, lost wages, and pain and suffering. In cases involving particularly bad conduct by someone else involved in the accident, you may be able to recover additional damages that do not compensate you for any loss. Instead, the purpose of this type of damages, known as “punitive damages” or “exemplary damages,” is to punish the defendant or to make an example of them because of their bad behavior. To recover punitive damages in a car crash case in Texas, you would have to show that a defendant ac[...]

How Do You Determine Who Is at Fault in a Car Accident?

December 6, 2021
Evans & Herlihy

If you or someone you love has been involved in a car accident, you are not alone. In fact, in Texas in 2020 over 200,000 people were injured in auto accidents. Many of these situations resulted in insurance and/or legal claims. In these cases, determining fault was critical. If you have been in a car accident in the past, you know that determining who was at fault is not always easy to do. While in some circumstances, the answer to the question “who was at fault” is obvious; in many other instances, things are not so clear. In fact, quite often fault is heavily disputed, especially because insurance company payouts and lawsuit decisions rely on this information. If you or a loved one has recently been in an automobile acci[...]

Can You Sue for Lower Back Injuries in Car Accidents?

August 11, 2021
Evans & Herlihy

Have you been in a car accident and are confused about what to do next? Most people are worried about the cost of medical treatment and may hesitate to make decisions early on in a case because they are waiting to see what happens next. When it comes to possible back injuries, you should never wait. It is possible you can sue for lower back injuries in a car accident, but there are several steps you need to take first. You should seek medical care as soon as possible after any accident, because you may not realize you are injured at first. You may be in shock, or you might have so much adrenaline from the accident that you don't feel the pain yet. See a doctor so you can describe the impact and get the help you need right away. Even if [...]

Can You Sue for Pain and Suffering After a Car Accident?

June 2, 2021
Evans & Herlihy

If you were injured in a car accident and want compensation for what you’ve been through, you may wonder, can you sue for pain and suffering after a car accident? Pain and suffering are damages sought in an insurance claim or lawsuit. Damages measure in dollars the harm you suffered. Car accident pain and suffering can’t be easily converted into dollars, but there are methods used to fairly compensate accident victims. Evans & Herlihy Law Firm protects the rights and interests of accident victims. If you’ve been in an injury in a car accident, pain and suffering may be a regular part of your life. Severe injuries can be life-changing events that deprive you of an active, full life. You should get compensation for the mental[...]

ATV Accidents Can Cause Serious Injuries

May 6, 2020
Evans & Herlihy

ATV accidents can cause serious injuries, but they still attract riders because they can get you to remote spots and are fun to use. All those benefits disappear, however, the moment a severe ATV accident happens. Whether you were working, hunting, or having fun, if you hit another rider or object, or flip the ATV over, your world may change forever. If you or a family member is severely injured in an ATV accident, you may feel like your life has shattered. In addition to having to earn an income and run a household, a spouse, child, or close family member may have suffered head, neck, or spine injuries that could leave them disabled and require your assistance. You need help not just medically, emotionally, and financially, you need[...]

Safe Driving Tips as We Enter the “100 Deadliest Days”

June 19, 2019
Evans & Herlihy

For teenagers, summer is synonymous with freedom, fun, and hanging out with friends. Days are longer, schedules are flexible, and curfews may be relaxed. As the parent of a teenager, you can enjoy this phase of your child’s life while being smart and aware. It’s your job to set rules and educate your kids about how to drive safely. In 2016, 1,050 people were killed in a crash involving a teenager between Memorial Day and Labor Day — a 14 percent increase over the rest of the year. And this wasn’t a fluke. There’s a reason this annual period is called the 100 Deadliest Days: as school lets out, more teens hit the road, and more collisions occur. If you or a loved one has been hurt in a motor vehicle accident, call the Austin [...]

Can Lawmakers Make Texas Roads Less Deadly?

June 3, 2019
Evans & Herlihy

While traffic fatalities in Texas decreased slightly from 2016 to 2017 — from 3,794 to 3,721, a decline of 1.92% — the state still holds the disgraceful distinction of leading the nation in motor vehicle deaths. In 2017: One reportable accident happened every 59 seconds. One person was injured every 2 minutes, 4 seconds. One person was killed every 2 hours, 21 minutes. Clearly, we have a long way to go in making the roads safer. If you’ve been hurt in a car wreck or you’ve lost a loved one in a collision, call the Texas car accident and wrongful death lawyers at the Evans & Herlihy Law Firm. Can the Government Help Eliminate Traffic Deaths? Lawmakers and state agencies are well aware of our dismal record when it comes [...]

2019 Prom Safety in Austin

May 1, 2019
Evans & Herlihy

The season is fast approaching. For many high school students, prom is the highlight of the school year — the gorgeous gowns and sleek tuxedos, elegant dinner, the ritual of the corsage and boutonniere, and, of course, the dance itself. As a parent, you may send off your son or daughter and marvel at just how grown-up they’ve become. But it’s important to remember that behind the makeup and fancy clothes, your child is still ... well, a child. Teenagers may look like they’re on the verge of adulthood, but their decision-making skills haven’t fully matured and they lack critical experience behind the wheel. It’s your responsibility to talk to your kid about staying safe on the road and to make it easy for them to get out o[...]

Why Texas is Considering Waiving Driving Tests for Teens

Teenage drivers are still learning the rules of the road

April 12, 2019
Evans & Herlihy

Texas roads are hazardous places. That’s especially true for teenagers, who may lack the critical-thinking ability and experience necessary to avoid dangerous situations and make those on-the-fly judgments so essential for safe driving. But, as reported by Houston Public Media, Texas State Representative James White — Republican representing District 19 — wants to make it easier for young people in the state to get a driver’s license. He has filed a bill to revoke the current requirement, which states individuals under the age of 18 must pass a test administered by the Texas Department of Public Safety in order to receive a license. White’s bill would allow a parent to administer the test to their child — as was the case[...]

Pay Attention, Texas: Observing Distracted Driving Awareness Month

April 2, 2019
Evans & Herlihy

April is Distracted Driving Awareness Month As the Evans & Herlihy Law Firm and the National Safety Council observe Distracted Driving Awareness Month in April, help us by doing your part to keep Texas roads safe. Distracted driving is nothing new. People have been eating, touching up makeup, and fiddling with the radio dial while behind the wheel since long before cell phones became part of the equation. But as much as advancements in technology have improved our lives and ability to communicate, they haven’t done many favors for our driving. In addition to all of the old-school distractions, we now have dashboard touch-screens, GPS devices, and those ever-present smartphones to tempt our eyes away from the road. Don’t en[...]