Posted on August 19, 2016 in Uncategorized

Texas weather allows people to take their bikes out for a significant portion of the year, but the summer months are popular for riders across the U.S. Unfortunately, motorcycle accidents commonly make the news despite the fact that they can almost all be avoided. Since motorcycles, passenger vehicles, and semi-trucks have to share the roads, every driver is responsible for avoiding these types of accidents. If you were hurt while riding your motorcycle and you believe another driver is at fault, call an attorney as soon as possible to learn more about your rights.

Whether you are a motorcycle rider, average driver, or a trucker, consider motorcycle safety this summer.

Tips for Motorcyclists

There are certain dos and don’ts of riding a motorcycle, including:

• Buy a bike that fits you: Motorcycles come in various sizes. Make sure your feet can rest on the ground while you are seated on the bike and you can easily reach the handlebars. Bigger is not always better. If your motorcycle is not the right size for you, it will be difficult to control;

Continue Reading ››

 Posted on August 17, 2016 in Uncategorized

Texas is one of the most states for pedestrians in the United States. The Insurance Council of Texas has gathered data from the Texas Department of Transportation since 2010. It reported at the end of last year that pedestrian fatalities in the state increased 36 percent between 2010 and 2015. In 2010, 357 pedestrians died in traffic accidents. This figure peaked in 2013 with 493 deaths and fell slightly to 485 fatalities in 2015. Many of these fatalities lead to wrongful death claims in which the decedent’s survivors must fight for a fair recovery.

Population and Poor Planning Increase Pedestrian Risk

The 2014 data by the Governors Highway Safety Association shows Texas is one of the four leading states for pedestrian deaths. California, New York, Florida, and Texas account for 43 percent of all pedestrian fatalities in the country. The danger facing pedestrians around Texas is disproportionately high compared to that in most other states.

Continue Reading ››

 Posted on August 12, 2016 in Uncategorized

Early last month, a truck collided with a bridge in Sealy, Texas, causing debris to fall on another car, killing a 12-year-old girl and injuring her mother. Authorities believe the arm of the waste carrying truck that would lift trash dumpsters was raised. This was what hit the bridge, tearing off part of the concrete, which landed on the front of the car.

“The force that the beam was hit was catastrophic,” Sealy Police Chief Chris Noble stated, according to KTRK Houston. “Walking around on the upper level of bridge, the asphalt and next section of beam has been also moved and that bridge is what I call rotten from the inside out now.”

The police are investigating the trucking accident as a homicide. The bridge has been closed and all traffic for the U.S. 90 overpass and Texas 36 have been rerouted.

More Details on the Accident

The truck that caused the deadly accident was owned by Texas Disposal Systems (TDS) and was being driven time by a 72-year-old man. The driver did not heed the warning system that alerted trucks of the clearance height of the bridge. According to a video of the accident from a motorist behind the truck, the TDS driver hit the warning sign and continued driving.

Continue Reading ››

 Posted on August 10, 2016 in Uncategorized

Every state in the country maintains specific regulations regarding truck drivers. Indeed, each state is responsible for overseeing compliance with the federal rules regulating this industry – issued by the Federal Motor Carrier Safety Administration (FMCSA) – including both trucking companies and truck drivers alike. The FMCSA oversees several aspects of commercial truck and truck driving safety, including driver qualifications, safety records, and hazardous material warnings for large vehicles requiring specialized licenses for operations, among others. These rules are complex, but their goal is to ensure the safe operation of trucks to avoid fatal and catastrophic accidents.

FMCSA Regulations

The FMCSA’s regulations for commercial trucks covers all types of these large vehicles, including tractor-trailers, tanker trucks, and other commercial vehicles. The FMCSA’s regulations address topics such as:

Continue Reading ››

 Posted on August 05, 2016 in Uncategorized

Although, statistically, commercial truck drivers are more careful than average drivers of passenger vehicles, a truck accident is generally more serious than one that does not involve these large, heavy vehicles. Indeed, the requirements for a commercial driver to get behind the wheel are more stringent than for a regular driver’s license. The commercial driver’s license (CDL) test itself is more complex, a driver must pass a physical exam with specific requirements, a driver must be at least 21 years old, and the person must speak and understand conversational English. Notwithstanding, the cargo being carried by a semi-truck involved in the wreck (which can include flammable or hazardous materials) enhances the danger.

When large tractor-trailers weighing 10,000 lbs. or greater crashes into a pedestrian or another vehicle, a trucking accident has occurred. The U.S. Department of Transportation (DOT) reports that approximately 500,000 trucking accidents occur annually. About one percent, or 5,000, of these semi-truck wrecks are fatal; one out of eight traffic deaths was the result of a truck accident.

Continue Reading ››

 Posted on July 29, 2016 in Uncategorized

A rear-end accident that should have resulted in minor injuries created a domino effect of events that left one woman dead, according to a recent news report. New Braunfels law enforcement officials asserted that one of the drivers involved in a minor rear-end collision attempted to flee the scene of the accident after the initial collision. The fleeing driver reportedly crossed the center line into oncoming traffic causing a nearly-head-on crash with another car, killing the other driver. The driver attempting to flee the scene suffered critical injuries.

Fatal Car Accidents

While injuries from car accidents can result in minor bumps and bruises, some car accidents result in death. As many as 80 people are killed every day on American roadways, according to the National Highway Traffic Safety Administration (NHTSA). Recent data collected by the NHTSA has found that traffic-related deaths across the nation have increased 7.7 percent in 2015 when compared to previous years. Over 35,000 people were killed in car accidents in 2015, an increase from the approximately 32,600 reported deaths in 2014.

Continue Reading ››

 Posted on July 27, 2016 in Uncategorized

Earlier this spring, a Texas family began their Easter holiday with tragedy as their 10-year-old son was killed and his seven-month-old infant sister was critically injured in a rear-end accident in North Harris County on SH249 and McKinley Road, according to news reports. Law enforcement indicated that neither victim was wearing a safety belt.

Looking Closely at the Rear-End Wreck

Generally, but not always, when a rear-end collision occurs in Texas, the driver who rammed into the back of the other car is found to be liable. There are exceptions to this assumption, however. For example, the driver who crashed into the back of the other car can put forth evidence showing any of the following to remove liability from him or herself:

• The car in front illegally stopped;
• The car in front stopped abruptly;
• The car in front unexpectedly switched lanes; or
• The car experienced a mechanical failure, preventing it from stopping.

Continue Reading ››

 Posted on July 22, 2016 in Uncategorized

Early in July, a motorcyclist was killed in a crash that occurred on I-35 in New Braunfels. According to a news report published by KVUE ABC, a pickup truck and New Braunfels fire truck were involved in a minor accident earlier that morning. Both vehicles pulled to the shoulder, however, the fire truck was blocking two lanes of traffic. A 33-year-old Austin woman who was driving a Honda CRV swerved to avoid the fire truck and came to a complete stop. This is when the motorcyclist slammed into the back of the Honda.

Car Versus Motorcycle Accidents

Motorcycles are thrilling and exciting, often bringing adventures that would not happen in other types of transportation. While this may be true, it is also true that motorcycles are less stable and less visible than automobiles. Motorcycles also often have higher speed capacities than most cars. These reasons, among other factors, contribute to the statistic, according to the National Highway Traffic Safety Administration, that the number of motorcycle deaths is 30 times higher than vehicle accident deaths. Approximately 4,667 motorcyclists were killed in traffic accidents in 2012. Studies show that more than 40 percent of these deaths were involved in single-vehicle crashes; over 50 percent involved multiple vehicles. Ninety-one percent of motorcyclists killed in that same year were male. Moreover, 63 percent of the females who died in these crashes were motorcycle passengers.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››