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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 Posted on June 15, 2016 in Uncategorized

Since 2014, more than eighty rock-throwing incidents have occurred along I-35. Most have simply resulted in broken windshields and windows, but authorities believe there has been at least one traffic fatality and four injuries during that time. Police have yet to determine who the suspect or suspects may be, and that continues to leave Texas drivers at risk. If you have been a victim, the following can help you determine what your next steps should be.

Property Damage Only

If you were victim in a rock-throwing incident and only suffered property damage, you may be able to file for compensation from your insurance company. Keep in mind, however, that you will need to have comprehensive insurance to file such a claim. You will also need to provide your insurance company with important information about the incident, including the time and place. Photographs are also encouraged.

Personal Injury or Wrongful Death

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 Posted on June 10, 2016 in Uncategorized

Although speed limits on most state roadways are set at the state maximum as required by Texas law, the maximum is not there as a symbol to encourage drivers to push the limit. Unfortunately, though, many drivers take advantage of these limits and operate under the assumption that it is acceptable to drive over those magic numbers. This mentality often results in careless collisions, needless injury, and, at times, tragic fatality.

Basis for Speed Limits

The state of Texas determines highway speed limits using what is known as the 85th percentile method. This method is based on an engineering principle that estimates the speed that a majority of drivers usually travel. It has been used for the past 60 years to set highway speed limits across the nation. These limits reflect speeds that drivers travel at or below, and they continue to be a country-wide standard.

Certain factors such as hills and curves, local crash history, and whether an area is residential or developed are also taken into consideration when deciding on any variation in speed limit, such as a drop of ten miles-per-hour or a five mile-per-hour spike. The Texas Department of Transportation reports that various studies have been done to demonstrate the effectiveness of this speed-setting method, emphasizing that there are certain disadvantages to setting speed limits below the 85th percentile speed.

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 Posted on June 08, 2016 in Uncategorized

Like anywhere else, the state of Texas experiences its share of car crashes due to common dangers such as speeding, distracted driving, running red lights, and driving under the influence. Driving behaviors such as failing to yield and following another car too closely lead to rear-end collisions and pedestrian accidents, not to mention countless personal injury claims and tragic deaths. While some crashes are inevitable, many can be prevented entirely when basic collision safety practices are applied and highway laws are obeyed.

Texas Crash Safety Tips

The Texas Department of Transportation (TxDOT) advises you to do the following to avoid a car wreck:

• Follow proper speed limits;
• Slow down when road conditions are less than ideal;
• Yield to other drivers and refrain from aggressive road rage behaviors;
• Follow at a safe distance (do not crowd other drivers);

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 Posted on May 27, 2016 in Uncategorized

The non-profit organization committed to informing consumers about the products they purchase, Consumer Reports, recently conducted a full, comprehensive review on a variety of the new and advanced safety features in today’s automobiles. Forward-collision warning was one of the features that they highly recommended. Unfortunately, further testing revealed that all are not all created equal, which could, in some instances, increase the risk of an automobile accident or nullify the system’s benefits.

Forward-Collision Warning Systems

Statistics and studies indicate that approximately 90 percent of auto accidents are directly related to driver error. Now standard on some newer vehicles, forward-collision warning systems (FCW) seeks to counteract that by notifying drivers of a potential collision through the use of lasers, radar, or cameras that monitor driving speed and detect objects up ahead. Some are also paired with emergency braking systems that can slow or stop the vehicle if the driver does not take action in time.

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 Posted on May 25, 2016 in Uncategorized

Whiplash, which most often occurs in rear-end collisions, is usually a temporary injury. However, an estimated 25 percent develop chronic, debilitating pain that can last for months, sometimes even years. Sadly, these same sufferers are often accused of fraud, of “faking” their injuries or somehow trying to get more out of the insurance companies. Thankfully, science may have finally found a way to validate their injuries, and the cause.

Whiplash Still a Highly Misunderstood Condition

To date, medical and scientific understanding of whiplash has been limited. This is due, in part, to the lack of visible signs of injury in victims. Chronic whiplash is even less understood since most other body strains and sprains heal within a matter of weeks. In fact, most doctors must simply diagnose and provide treatment to the best of their abilities, despite truly knowing if chronic whiplash is the cause of their patients’ pain. A new study, conducted by Northwestern University Feinberg School of Medicine, could soon change all of that.

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 Posted on May 20, 2016 in Uncategorized

Recently, the American Academy of Pediatrics increased the age at which children should remain in rear-facing car seats. On the heels of that recommendation came a study that revealed infants in rear-facing car seats could be prone to head injuries in rear-end automobile accidents. Experts have expressed concerns – in both terms of safety and parental compliance – since the publication of that study. Know and understand the risks, and how you can best prevent injury to your child in a rear-end collision.

Why Rear-Facing Until Age Two?

Infants and children under the age of two are still developing neck and back control. Their spines, heads, and internal organs are also still especially prone to injury during this time. Rear-facing child seats help support the head, neck, and spine and can reduce the odds of injuries to internal organs. In fact, according to numerous studies, infants are five times safer riding backwards, thanks to the extra support that rear-facing car seats provide. This is true, despite the recent findings.

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 Posted on May 18, 2016 in Uncategorized

As another school year draws to a close, South Central Texas children will be spending more time on area playgrounds. According to a recent report, these children risk traumatic brain injury almost every time they slide down slides, climb on monkey bars, or swing on swings.

Between 2001 and 2013, over 21,000 children aged 14 and younger were rushed to an emergency room with a TBI. Girls between ages 5 and 9 were the most at-risk group. Only about 4 percent of these victims received any follow-up care, even though injury incidents were higher in the study’s later years.

The study authors strongly recommended that parents inspect the facilities before allowing children to play, especially if they are built atop hard surfaces, like bare ground, asphalt or concrete.

Landowner Liability

Many of these injuries occur at communal playgrounds in common areas at area apartment complexes and housing developments, while others happen at backyard jungle gyms and swing sets. These private owners all have a duty of care that is predicated upon the child’s purpose for being on the land.

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