CAR ACCIDENT RESOURCES

By Aaron A. Herbert · The Law Firm of Aaron A. Herbert, P.C., Dallas, Texas. Texas Bar license #24036761. Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.

Start with the questions that need attention now

At the scene, safety and care come first. Do not remain in traffic or postpone needed treatment to gather evidence. When it is safe, photographs of the wider scene, vehicle positions and traffic controls can help explain what happened. Keep original files and the investigating agency’s information. A photograph of damage and a photograph showing where the vehicles were positioned can answer different questions.

Keep your discharge paperwork and appointment records with the bills and insurance letters. At a medical visit, explain when the symptoms began and mention relevant earlier conditions. Tell the provider when something gets better, too. Counsel needs a history of what changed, including uncertainty about whether a later symptom is related to the crash. Don't assume at the outset that every problem will be permanent.

Keep the evidence in a form that can be checked

Save the original recording, including the time before the impact. Keep photographs in their original files too; a screenshot may omit information from the file it shows. Make a note of nearby cameras and who operates them. If the damaged car is in storage, give counsel its location so an inspection can be considered before repairs or disposal.

Preservation and access are separate questions. A record may exist without being available to you directly. Do not enter another person’s account or device without authority. Counsel can identify the custodian, the relevant time interval and the lawful process for obtaining information. A focused request is also more likely to identify the useful evidence than a demand for every record a business has.

Work out the collision sequence before deciding fault

Start before impact and trace each vehicle's path. Use the photographs and witness accounts to identify the lanes and controlling signals, then compare that account with any recording. A car's resting place might be some distance from the first contact. It might also have been moved out of traffic afterward. Record what the evidence establishes and what it leaves unanswered.

A police report is an important source to examine, but the report, the officer’s observations and statements from other people are not interchangeable. Likewise, an insurer’s proposed fault allocation should be examined against its supporting evidence. A useful discussion with counsel identifies what is known, what is disputed and which missing record might change the evaluation.

Document injuries and practical losses

Medical records help establish the treatment history, but the claim also needs to explain how the collision is connected to the condition being claimed. Prior injuries, treatment gaps and later accidents deserve direct attention. Giving counsel the complete history allows those issues to be evaluated before they become a surprise.

Keep records of missed work and changes in ordinary activities. For a business owner, reduced revenue and lost personal earnings are not necessarily the same measure. Future treatment and changes in earning capacity also require supporting information. Ask what evidence is needed for each loss rather than treating a total bill or an initial estimate as the complete value of the claim.

Read the policy and the proposed release

The other driver’s liability policy may be only one part of the insurance review. Your own policy, a work assignment or a rideshare trip may raise additional questions. Obtain policy documents and claim correspondence. A business logo or an installed app does not, by itself, establish which company is responsible or which coverage applies.

Read the release before agreeing to the offer. Identify the claims you would give up and ask counsel whether signing could affect a claim that remains open. Compare the offer with the supporting evidence, coverage and risks of litigation. Also ask for an estimate of what you would receive after deductions and whether any repayment questions remain unresolved.

When a claim needs a different plan

Tell counsel at the outset if a child was injured or someone died. Who may bring the claim, who may approve a settlement and which deadline applies need separate attention. Give counsel details about company vehicles and suspected impairment as well. Those facts may change the questions that must be investigated; the procedure for one injured person may not fit another.

For each disputed point, identify the record or witness that could address it. Counsel must then consider how that evidence can be used under the court rules, including any foundation or expert testimony it requires. Keep counsel informed when treatment, work or other relevant circumstances change, and provide the full records rather than selected pages.

About these resources

The articles below explore those questions in more detail. They provide general information and do not determine the outcome of a particular claim. The facts, applicable law, policy terms and court orders need individual review. For help with your circumstances, contact the firm.

Explore the topics

Choose a published guide below to explore a specific question.

First steps, evidence and fault

Injuries and losses

Insurance and driving circumstances

Texas PIP Uninsured and Underinsured Motorist Claims After a Car Accident
Start with the policy documents to identify PIP and uninsured or underinsured coverage. Consider how a liability settlement could affect those claims.

Existing firm resources

Dallas Car Accident Lawyer · Aaron A. Herbert’s profile · Contact the firm

ABOUT THE ATTORNEY

Aaron A. Herbert

Founding Attorney

Board Certified in Personal Injury Trial Law

Texas Board of Legal Specialization · Since 2008

Licensed in Texas since 2002

Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.

Education

• Texas A&M University · B.S., Criminal Justice, 1999
• University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class

Read Aaron's full biographyVerify Board Certification with TBLS

Trial experience & approach

Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.

His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.

His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.

Dallas roots, military service & publication

Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.

Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.

Professional affiliations & recognition

Professional affiliations and recognition listed in Aaron’s biography:

• State Bar of Texas
• American Bar Association
• Association of Trial Lawyers of America (now American Association for Justice)
• Texas Trial Lawyers Association
• Dallas Trial Lawyers Association
• Dallas Bar Association
• Tarrant County Bar Association
• Million Dollar Advocates Forum
• The National Trial Lawyers – Top 100 Trial Lawyers

Trial experience & approach

Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.

His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.

His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.

Dallas roots, military service & publication

Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.

Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.

Professional affiliations & recognition

Professional affiliations and recognition listed in Aaron’s biography:

• State Bar of Texas
• American Bar Association
• Association of Trial Lawyers of America (now American Association for Justice)
• Texas Trial Lawyers Association
• Dallas Trial Lawyers Association
• Dallas Bar Association
• Tarrant County Bar Association
• Million Dollar Advocates Forum
• The National Trial Lawyers – Top 100 Trial Lawyers