Posted on November 23, 2016 in Uncategorized

The winter storms will soon be arriving, even in Texas. In past winters, northern Texas has seen the thermometer drop in the single digits and in south Texas, the temperatures can drop into the thirties, cold enough for snow and ice. Although these cold temperatures bring a beautiful snowy backdrop to the holiday season, they also bring dangerous road conditions and auto accidents.

Drivers are used to the warm, dry roads, especially in Texas, so when the snow hits, it is especially important to take extra precautions. Auto safety advocates suggest the following tips:

• Avoid driving: If you can help it, stay off the roads until the conditions have improved. Avoiding dangerous roads means avoiding car accidents.
• Pay attention to the weather: Check the daily forecast before you head out so you will be expecting snow showers or any other changes in weather before they occur. You may even be able to plan your day accordingly so that you will be off the roads before the snow hits.

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 Posted on November 18, 2016 in Uncategorized

When you are in an accident with one or more other vehicles, your recovery depends on who was responsible for the accident. If one other driver is found to be entirely at fault for the collision, you will seek to recover from that person. However, few auto accidents are that cut and dry. Many crashes are caused by more than one driver doing something they should not have done. You may have even been one of those drivers during your accident. Because of the complexities of fault and liability for auto accidents, Texas has a comparative negligence rule that requires judges to apportion responsibility. This can greatly affect how much you recover and from whom.

Comparative Negligence in Texas

When you are hurt in a car accident, you will either seek to recover from the at-fault driver’s insurance or by filing a personal injury claim in court. When your case is before a judge or jury, this is when the theory of comparative negligence matters most. Under Section 33.003, each defendant is only responsible for their portion of the recovery based on the percentage of their responsibility. For example, if you sue two different drivers and one driver is deemed 90 percent responsible for the accident while the other only 10 percent, then each driver is liable for that percentage of your compensatory and non-compensatory damages.

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 Posted on November 16, 2016 in Uncategorized

The culture surrounding marijuana has changed drastically in recent years. Research has pointed to marijuana as an effective treatment for constant pain, seizures, and other medical issues. Many states have approved some type of medical marijuana while other states have legalized both medical and recreational use. While marijuana and its related products may turn out to be important medical discoveries, it has become clear to safety agencies that a rise in marijuana use around the U.S. is associated with an increase in marijuana-related car accidents. If you were hit by a driver who you believe was impaired due to marijuana use, contact an attorney right away. Marijuana has the potential to impair a driver’s abilities like alcohol or drowsiness. An individual who is high and causes an accident must be held responsible.

Drivers Who Recently Smoked Marijuana More Likely to Crash

According to an analysis performed by Columbia University Mailman School of Public Health, eight of nine studies found marijuana increased the likelihood of a car accident. After alcohol, marijuana was the most commonly detected drug in drivers involved in an accident. Drivers who test positive for marijuana in their systems are twice as likely to be involved in a crash as drivers who test clean for drugs or alcohol. Additionally, the more THC in a person’s system, the higher the risk of an accident.

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 Posted on November 11, 2016 in Uncategorized

Parents of children who are teething understand the struggle of calming their children and easing their pain. When infants have their baby teeth coming in, they can be uncomfortable, fussy, and unable to sleep. Parents who need their babies to rest so they can get some shut-eye may turn to over-the-counter products to soothe their children’s achy gums, such as homeopathic teething tablets and gels. However, the U.S. Food and Drug Administration recently warned parents against these products, asserting that these homeopathic remedies may be related to multiple children’s deaths and injuries. You may desperately want a quick fix to your child’s pain, but the FDA recommends getting through teething without OTC products or medications.

If you child was harmed by a teething or other OTC product, call a personal injury attorney as soon as possible to learn about your legal options. You may be able to hold the maker of these products responsible for the injuries and pain your child has suffered.

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 Posted on November 09, 2016 in Uncategorized

The San Antonio Spurs started the regular season against Golden State on October 25. They began away from home but were back on October 29 against New Orleans Pelicans. As fans crowd into the stadium throughout this season and enjoy typical basketball game fare including beer, nachos, and hotdogs, it is important to be aware of the potential for drunk driving after games. Many basketball fans who enjoy games up close and personal end up having too many drinks to get safely behind the wheel to go home. The same can be said for other professional sports, like football, baseball, and hockey fans. It is only natural to have a few beers at the game, but this can lead to alcohol-related crashes, personal injuries, and fatalities. If you were in a car accident caused by someone leaving a Spurs game, you should reach out to an attorney immediately for help.

Drunk Driving after Sporting Events

Alcohol and sports are consistently linked. Professional sporting events are so closely associated that alcohol producers and brewers often sponsor teams and major events. This is why it is no surprise that when fans attend games in person, they often enjoy a few beers at the event. One previous study, though not overly large or representational of every fan base, found that 8 percent of fans who agreed to be tested for alcohol after 13 major league baseball games and three national football league games were too intoxicated to drive. This may seem like an insignificant percentage, but as one of the researchers pointed out, in a stadium with thousands of fans, that equates to hundreds of people who need designated drivers or could cause serious accidents. The 8 percent figure may also be too low because many fans did not participate in the study and researchers did not ask to test underage fans.

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 Posted on November 04, 2016 in Uncategorized

Last month, two people died in an accident involving a head-on collision between a school bus and car on Highway 19. The driver of the mustang drove into the path of the Hopkins County school bus. He and the driver of the school bus, who was also a special education teacher, both died from the collision. School bus accidents are not common, but any at all is a problem. According to the National Highway Traffic Safety Administration, of the 340,039 fatal vehicle accidents between 2004 and 2013, about 0.4 percent or 1,214 accidents were related to school transportation. During these accidents, 1,344 individuals were killed, some of which were students.

Texas School Bus Traffic Laws

When you and other drivers share the road with school buses, it is important you all understand the rules of the road related to these distinctive bright yellow vehicles. The following includes some laws to keep in mind:

• Stop when the bus is flashing its red lights. Buses are equipped with red stop signs with red flashing lights. If the stop sign is out or the red lights are flashing, you need to stop. If you are moving in the same direction as the bus, or moving the opposite direction on a road without any middle barrier, you must stop. You can continue driving if the bus is stopped on the opposite side of a road with a physical barrier between the directions.

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 Posted on November 02, 2016 in Uncategorized

A family from Austin, Texas, is learning the hard way what it is like to be hurt by a drunk driver who does not have insurance. Two parents were driving with their son when they were struck from behind by a truck. The driver of the truck was arrested at the scene for driving while intoxicated. Neither she nor the owner of the truck had up-to-date insurance on the vehicle, though the lapse in their insurance payments was too new for it to be picked up by the police. The victim family is now trying to physically and financially recover from the accident that sent their son to the ICU for a time without the at-fault party’s insurance to cover the damages. Every year, families across Texas find themselves in this position. If you were in a car accident caused by a driver without insurance, call the Austin personal injury attorneys at our firm to learn your legal options.

Uninsured Motorists across the U.S.

Some basic level of auto insurance is required in every state. Texas requires drivers to have liability insurance of at least $30,000 per person injured, so $60,000 per accident, and $25,000 for property damage. The entire purpose of this requirement is to ensure drivers can be financially responsible for any accidents they cause.

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 Posted on October 28, 2016 in Uncategorized

Electronic cigarettes have gained a great deal of popularity in recent years. Some people have switched entirely from cigarettes to e-cigarettes while others use these nicotine-delivery devices as a way to cut down or break the habit. People often switch to e-cigarettes because they believe they are healthier than traditional tobacco cigarettes, which are proven to have many dangerous additives. But for a product that is supposed to be a bit safer than cigarettes, it has been startling news for users that the battery powering their devices could explode in their pockets or hands. One woman from Arlington, Texas, learned the hard way that e-cigarettes and their batteries have risks. Her spare lithium-ion battery caught fire causing burns on her hand. She had to receive a skin graft. Flores never received any warning that her battery was defective or ran the risk of explosion from the manufacturer or the store where she purchases the device. If you find yourself in a similar situation, call the experienced Texas defective products attorneys at our office for help.

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 Posted on October 26, 2016 in Uncategorized

An unidentified 34-year-old man lost his life in early October after failing to navigate a tight curve at a high speed in Austin, Texas. The police determined that the Honda Accord was moving at an excessive speed. Unable to make the turn, the vehicle went into the center median and struck a tree. The driver was pronounced dead at the scene. While most people think of car accidents as multi-vehicle collisions, many crashes involve a single car and another object. A single-vehicle crash can be just as dangerous or deadly as an accident involving two or more vehicles. If you lost a loved one in a car accident, do not hesitate to call the experienced wrongful death attorneys at our firm. We can help you review your family’s situation to determine if there were contributing factors to your loved one’s death such as unsafe roads or a defect within the car. We can also advise you on whether another party may be partly responsible.

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 Posted on October 21, 2016 in Uncategorized

Earlier this month, a Chevrolet Trailblazer was hit from behind by an 18-wheeler on I-35 North near Kohlenberg. The reason for the crash appears to be that the SUV was traveling at approximately 20 mph while the semi-truck was moving at 70 mph and did not notice the SUVs slow pace. The individuals involved in the crash were not seriously injured, but incidents like this often lead to personal injury claims. When drivers move too slowly on highways, they obstruct the flow of traffic and increase the risk of accidents.

Texas Law Regarding Minimum Speed

You know there is such a thing as driving too fast – but did you know it is possible for motorists to drive too slowly? Section 545.363 of the Texas Transportation Code lays out minimum speed regulations for the state. It says anyone operating a vehicle may not drive so slowly as to impede the normal and reasonable movement of traffic, except when doing so is necessary for safe operation in compliance with the law. In some situations, there will be a minimum speed limit posted. This is usually for highways where incidents like the one mentioned above are a possibility. No motorist is allowed to drive slower than the minimum posted limit except to obey the law in some other way or for safety reasons.

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