Posted on July 20, 2016 in Uncategorized

According to the American Automobile Association Foundation for Traffic Safety, approximately 11 percent of all police-reported crashes involve someone leaving the scene of the accident. The National Highway Traffic Safety Administration (NHTSA) reports, however, that hit-and-run estimates are even higher: about one in every five pedestrian fatalities is caused by this type of accident. Over the course of a year, research indicates that hit-and-run drivers cause more than 2,500 fatal traffic accidents.

Hit and Run Accidents

When someone flees the scene of an auto accident, this is commonly referred to as a “hit-and-run” accident. Texas state law, in addition to the laws of a majority of the other states across the nation, prohibits a driver from fleeing the scene after an accident. Leaving the scene of an accident is a serious offense in Texas, which can range from a misdemeanor to a felony depending on the degree of the damage or injury as a result of the crash.

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 Posted on July 15, 2016 in Uncategorized

Every day, more than 1,000 people are rushed to the emergency room following a dog bite. Many times, due to the serious nature of their injuries, these victims require follow-up medical care or rehabilitative therapy. As a result, the average hospital bill in these cases easily eclipses $18,000, which is about 50 percent higher than the bill for other injury-related hospital stays. Finally, after the return home, many victims experience post-traumatic stress disorder-type symptoms. They often have flashbacks and nightmares; additionally, they may be afraid of dogs or even afraid to go outside. These symptoms are particularly common in children.

For the most part, the dog owner’s homeowner’s insurance policy covers both economic and noneconomic damages.

Theories of Recover

Texas is a “one-bite rule” state. Owners are liable for damages if the plaintiff can establish scienter, which is legalese for knowledge of wrongdoing. In the dog bite context, the plaintiff must prove either a previous bite or dangerous propensities, like growling, baring teeth, or snapping; the plaintiff must also prove that the owner knew about the bite or viciousness. Generally speaking, a “beware of dog” sign is insufficient to prove scienter.

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 Posted on July 13, 2016 in Uncategorized

A man was tragically killed after a driver of a semi-truck lost control of the massive vehicle and slammed into the victim’s hotel room, according to a news report released by the El Paso Times. Police report that the driver was on the freeway, driving east on Interstate 10, when he lost control of the semi-truck and exited off the expressway. The truck drove through the parking lot of a funeral home before destroying a brick wall that separated the home from the hotel. The truck collided into the victim’s hotel room, striking the victim who died at the scene. The accident, which is still under investigation, happened in the early morning hours.

Common Reasons for Truck Accidents

It is estimated that as many as 500,000 commercial vehicle and large truck accidents occurred on U.S. roads in 2014 alone. This number is true despite the highly regulated business of truck driving, and the mandatory requirement that drivers who operate large and commercial vehicles receive special driving training. Of course, there are several factors that contribute to why a commercial truck wreck that results in personal injuries may occur. Nevertheless, the top 10 common contributors are:

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 Posted on July 08, 2016 in Uncategorized

A recent report published by the AAA Foundation for Traffic Safety estimates that 328,000 police-reported crashes each year – resulting in 109,000 injuries and 6,400 fatalities – involve a fatigued driver. In addition, a study conducted by the Virginia Tech Transportation Institute studied the behavior of drivers just prior to a crash. Creating little or limited interference with the subjects, the researchers found several signs of fatigue to include facial changes, eyelid closing, and heads bobbing.

Fatigued Truck Drivers

The U.S. Department of Transportation (DOT) notes that nearly 4,000 people die each year in large truck crashes annually, and the leading cause of these accidents is driver fatigue. To be sure, professional truck drivers are required to submit to strenuous testing. Accordingly, these professional drivers are often very skilled. That being said, no level of driver skill can overcome fatigue and exhaustion when someone is behind the wheel. In fact, to combat driver fatigue, the law requires professional truck drivers and other commercial vehicle drivers to stay within certain hours of service limits, imposed by the federal government.

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 Posted on July 06, 2016 in Uncategorized

A wealth of warnings exist that stress the avoidance of distracted driving and other dangerous behaviors behind the wheel. However, when it comes to car wrecks, it is just as important to focus on what we should do on the roads as it is to focus on what we should not do.

The Texas Department of Transportation (TxDOT) encourages drivers to practice alert, courteous driving, which can go a long way in the prevention of needless injury and fatalities on the roadways. TxDOT utilizes a public awareness campaign to emphasize this point, using everything from newspaper ads and radio PSAs to reach out and bring awareness.

What the Numbers Show

More than 5,000 pedestrians were struck by Texas roadway drivers in 2012, resulting in 481 fatalities and 2,962 serious injuries. Additionally, during times of year when traffic rates increase, these tragic statistics increase as well. For example, between 2011 and 2012, the TxDOT saw a 13% increase in pedestrian fatalities and over a 19% increase in cyclist fatalities during back-to-school season. While a number of these accident statistics can be attributed to everything from drunk driving and speeding, many of these statistics are a result of aggressive driving or pure inattention.

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 Posted on June 30, 2016 in Uncategorized

Sharing the road with other motorists, motorcyclists, and pedestrians is something we deal with on a day-to-day basis, but sharing the road with large trucks adds a whole other level of risk to our daily commutes. Driving with large trucks, in particular, presents an entirely different challenge for those operating any other vehicle.

Large trucks, including tractor-trailer vehicles, can weigh as much as 80,000 pounds. They require far more time for acceleration and deceleration than regular automobiles. Additionally, they can have more blind spots than the average passenger vehicle, and those spots can vary in number and location. These factors combined pose a number of risks to others sharing the road. If you operate a regular automobile, the Texas Department of Transportation recommends the following:

Avoid blind spots – Large trucks have multiple front and rear blind spots. It’s important to make sure you can see the driver in the truck’s side mirror. If you can’t see him, then he cannot see you and your vehicle. Do not obscure your view of the road and risk remaining invisible to the truck drivers around you.

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 Posted on June 29, 2016 in Uncategorized

No one can really predict a rear-end car accident; collisions happen suddenly, and there is only so much we can do to prevent them. This is why it is so important for drivers to take special precautions before they get behind the wheel and prevent whatever damage they can, before it happens. Eliminating dangerous driving behaviors and unnecessary distractions can go a long way in creating safer roadways in the state of Texas.

What Causes Rear-End Accidents?

While many of the same driving habits and behaviors cause all kinds of accidents, there are specific actions that tend to cause rear-end accidents in particular. The Texas Department of Transportation reports that a majority of collisions are caused by following another car too closely and by speeding. These factors are often intertwined, creating a dangerous–and at times, deadly–combination where rear-end collisions are concerned. Maintaining a safe following distance, obeying speed limits, and yielding to surrounding traffic are all key to preventing rear-end collisions.

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 Posted on June 25, 2016 in Uncategorized

We have all heard of the dangers of distracted driving and its impact on car accident statistics, but did you know that in the state of Texas, distracted driving behaviors such as talking on a cell phone can impact more than just your health and general well-being? Using your cell phone can impact your wallet, too.

While it is true that there is no statewide law that bans the use of a cell phone in the car, the state does enforce fines for anyone caught using a cell phone behind the wheel under prohibited circumstances. Although this is not a new concept across the nation, it is a practice that is strictly enforced and is intended to limit the amount of cell phone usage while driving throughout the state.

Fines and Restrictions

The Texas Department of Transportation (TxDOT) reports that 1 in 5 crashes involve driver distraction in some shape or form, highlighting the fact that drivers who use cell phones while in their cars pose a higher risk for collisions than those who drive without using their phones. In order to reduce the number of distracted-driving related crashes, the state imposes the following restrictions for cell phone usage on the road:

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 Posted on June 22, 2016 in Uncategorized

It was the accident that shook the nation: a so-called case of “affluenza” that supposedly led to the irresponsible and negligent actions of a teen. Intoxicated at a rate of three times the legal limit, the DWI accident he caused left four dead and one severely injured. But it was not just the loss that had evoked emotion from one side of the country to the other.

The purported excuse – that his decision was nothing more than a product of poor parenting – discounted the losses experienced by the families whose lives were forever changed that day. His lack of consequence only added insult to injury. But if there was one positive lesson learned from this accident, it was that, even when a criminal case falls short, victims of DWI accidents may still seek compensation.

The Bitter Sting of the “Affluenza” Criminal Case

Despite an admission of guilt, despite all the lives that were lost in the accident, and despite the life-altering injuries sustained by one victim, the criminal sentencing of the teen fell short of what many had expected. Labeled as a case of “affluenza,” reportedly brought on by a lack of parental supervision and boundaries, the teen received time in a rehabilitation center and 10 years of probation. This was a stark contrast to the prosecution’s request of 20 years in prison. The teen’s status as a minor may have been a factor in the judge’s decision, but it did not lessen the blow for the surviving families of the victims. Thankfully, they did not need a long-term prison sentence to seek compensation for their losses.

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 Posted on June 19, 2016 in Uncategorized

The ongoing lawsuits by Uber and Lyft drivers against their respective companies raise an interesting question: when these drivers cause car crashes, are the companies liable for damages? After all, when taxicab, limousine, and courtesy shuttle drivers cause car crashes, their employers are nearly always on the hook for damages.

However, ridesharing drivers do not operate under the same conditions of employment. They do not work fixed schedules, are typically not responsible for certain areas and are under no obligation to pick up fares from a dispatcher. Furthermore, they are paid by the trip instead of by the hour and they use their own vehicles instead of company-provided equipment. But, despite these differences, they may still be “employees” under applicable negligence laws.

Defining Employer-Employee Relationships

Last summer, the Department of Labor issued guidelines that embraced an extremely broad and plaintiff-friendly view in this area. Many courts have traditionally applied a control test to distinguish between employees and independent contractors. Basically, the more control that the employer had over the worker, in terms of the hours worked, manner of employment and so on, the more likely it was that the worker was an employee.

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