My attorney barely talks to me and I'm scared this is going to trial — is that normal?

I went through almost the exact same communication nightmare with my first attorney. Months would go by and I'd hear nothing. I finally asked point blank for a written update and a call to walk through the strategy — and if they can't give you that, honestly that's a red flag. You're allowed to switch attorneys, especially before trial. Don't let the silence make you feel stuck.

Not legal advice, but I'll say this: a yield sign is a yield sign. If the other driver failed to yield and there's physical evidence of that — point of impact, damage location, witness accounts — that's a tough position for their insurance to defend. The "failure to observe conditions" language is pretty boilerplate denial language that adjusters throw out. It doesn't mean it'll hold up. Your bigger concern sounds like the attorney communication issue, which is worth addressing directly and in writing.

"Failure to observe conditions" is one of those catch-all phrases insurers use when they don't have a real argument but still want to lowball or drag things out. They're betting you'll get exhausted and accept less. Don't.

I used to work claims and I'll be honest — when the other driver's insurance assigns any percentage of fault to you, even a small slice, it weakens your leverage in settlement negotiations. It doesn't mean they're right, it just means they're playing the game. The fact that no ticket was issued at the scene unfortunately gives them a little room to muddy the water. But your own insurance finding the other driver liable is actually meaningful. That internal determination matters and a good attorney should be leaning on it hard.

On the attorney thing — eight months with barely any communication is not great. You should be getting proactive updates, even just a "here's where we stand" email every few weeks. Ask for a formal case status letter. If they can't produce one, that tells you something.

From a process standpoint, cases involving disputed liability do tend to move slower because there's more back-and-forth before anyone is willing to put real money on the table. That said, you have every right to request a written case summary and a clear explanation of next steps. Most attorneys are required by their state bar to keep clients reasonably informed — look up your state's rules of professional conduct if you want to know what's owed to you. You're not being high maintenance by asking.

A herniated disc from a car accident is not a minor thing — please make sure you're keeping every single appointment and documenting everything your doctors say about long-term impact. I've seen people settle way too early before the full picture of their injury is clear. If your PT isn't done and you don't have a clear prognosis yet, that alone is a reason not to rush a settlement.

Eight months and you're still basically in the dark?? That would drive me absolutely crazy. You're already dealing with the injury and the stress of all this — you shouldn't also have to feel like you're chasing your own lawyer. Is there any way to get a second opinion or at least a consultation with another attorney just to see if your case is being handled right?

Send your attorney a written email today asking three specific things: (1) what is the current status of negotiations, (2) what is the defense's specific theory of your negligence, and (3) what is the anticipated timeline. If you don't get a real answer within a week, start looking for a new attorney. Paper trail matters and it lights a fire.