Jack E. Withem, PC
Attorney at Law
Houston, TX
(713) 462-8887
JACK E. WITHEM, P.C.
ATTORNEY AT LAW
PERSONAL INJURY
We live in a world of machines designed and
operated by others, we consume food and medicines prepared by others, and we work for
companies that must cut corners to turn a profit or they close. Fear of plaintiff's
attorneys has made our world safer by causing manufacturers to make automobiles, tools,
and the environment in general safer. Those who have been injured or lost a loved one
should consult an attorney because in many instances the law provides compensation for
those injuries, in some instances regardless of fault.
What if I am in an auto accident?
Stop the auto and remain as close as possible to the accident site. Even
if you are not at fault, failing to stop and aid the injured can result in criminal
prosecution. Give first aid if you are qualified, call 911 and give your specific accurate
location.
Protect the scene as much as possible. Warn oncoming cars by raising the
hood, turning on flashers, and putting out flares. Call the police and take care not to be
in danger from oncoming cars. The investigating officer will prepare an accident report
based on his investigation. Consult an attorney before pleading guilty to any traffic
ticket.
Exchange information with the other driver. You should get the other
drivers name, address, phone number, drivers license number, name of insurance company and
policy number as well as the names, addresses, and phone numbers of any passengers and
witnesses. Don't rely on the accident report for this information.
Do not admit responsibility. You may be wrong about who is legally
responsible and what you say can be used against you.
Towing your car is expensive
and inconvenient. You do not have to use the first unit on the scene and you can have the
auto towed where you want regardless of the wrecker service affiliation. Be sure you ask
the cost and tell the driver where to take the car and get a receipt showing your
instructions and the identity of the towing company.
See your doctor before you settle any claims for injuries. Some injuries
are more serious than they appear. Generally, once you sign a release the claim is legally
finished even if you later learn the injuries were more serious.
Notify your insurance company as soon as possible. If you are sued,
immediately give the citation to your company and get a receipt to prove you have done so.
Your liability carrier will provide a defense for you but you must promptly notify it. Be
very wary of giving recorded statements. Insurance agents are professionals trained to
take statements beneficial to the insurance company and many times the recorded statement
seems to come out differently than the party intended. Because of this risk I do not allow
my clients to give recorded statements.
What if I am injured by a defective product?
Keep the product and consult an attorney as soon as practical. Products
liability is a very complex area of the law and can provide compensation regardless of
fault.
What if I am injured by a friend?
You should consult an attorney because your friend may have paid for
insurance coverage through homeowner's insurance which can provide protection even for
occurrences away from the home.