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Wednesday, March 13, 2019

Crash Facts Involving Large Trucks — A Texas Truck Accident Lawyer is Your Ally
Crash Facts Involving Large Trucks — A Texas Truck Accident Lawyer is Your Ally 150 150 CMZ Law Lufkin/Houston

Statistics show that the majority of fatalities in 18-wheeler collisions occur to those driving or riding in passenger cars. The size and weight disparity between the two is simply too great for the outcome to be favorable for the smaller vehicle. A fully loaded semi-truck can weigh up to 30 times as much as a 4-door sedan.

The trucking industry addresses this imbalance with design features like rear underride guards intended to prevent cars from sliding underneath large trucks in rear-end collisions. However, research done by the Insurance Institute for Highway Safety, a nonprofit organization dedicated to reducing highway deaths through scientific research and education, indicates that even though these guards adhere to safety standards set by the federal government, they can be ineffective even in low-speed collisions. To combat this design failure, the IHHS lobbied federal regulators to demand stronger guards that will withstand the impact of a wreck.

Putting the brakes on safety

It is vital that the brakes on all trucks in a company’s fleet get regular inspections and routine maintenance. Companies that cut safety corners to save money put everyone on the road at risk of being maimed or killed due to a maintenance lapse. 

Another highway safety hazard is the time and distance required for 18-wheelers to come to a complete stop after braking. Most commercial truck drivers do everything they can to avoid colliding with passenger vehicles, but it’s a deadly fact that on too many occasions, trucks are unable to stop fast enough to avoid a calamity. Even an empty commercial truck is unable to stop as quickly as smaller autos; a fully-loaded semi on a rain-slick highway is at a real disadvantage. Moreover, the height of large trucks makes rollover accidents much more likely when truckers attempt to brake suddenly to avoid an accident. For drivers and passengers in vehicles in the lane beside the toppling truck, this can be a disastrous event.

Reducing the risk of rollover wrecks

Improving the design of large trucks to include an electronic stability control component could potentially reduce the frequency of rollover wrecks. The auto industry acknowledges that these safety features reduce the occurrence of skidding and help drivers maintain control of their vehicles. For passenger cars and light trucks, the presence of electronic stability controls slashes the risk of fatal rollover events by over 70 percent. Beginning in 2012, the technology was incorporated into all passenger cars and trucks. The next logical step is to include same in large truck designs. 

Truck drivers often lose control when they jerk the wheel to avoid another vehicle. Two steering problems can result.

  • Oversteering – Turning the steering wheel sharply in one direction can cause the rear tires to spin and the truck to slide.
  • Understeering – Commercial trucks may be understeered on slippery surfaces where the front set of wheels can’t gain traction. This causes unintended continued forward motion.

Electronic stability controls on trucks could reduce the prevalence of the above steering hazards by correcting the big rig’s direction with selective wheel braking that counters the force.

One of the reasons rollover accidents are so deadly is that they frequently result in total or partial ejections of the driver and passengers. Being ejected from a vehicle often results in horrific injuries or death. Large trucks have a very high center of gravity by design, and the weight of cargo can increase it even more. Thus, simply taking evasive action by braking to avoid a collision can result in another type of deadly accident scenario.

Trucker fatigue can be fatal

A major cause of many highway accidents is truck driver fatigue. Studies have shown that a significant number of truckers routinely violate the hours-of-service rules put in place by the government. Under current federal laws, truck drivers are permitted to drive up to 11 hours before they are required to pull their rig over and take a rest break. They also are allowed 60(70) hours of driving over 7(8) consecutive days. When the limit is reached, a trucker has to go off duty for at least 34 back-to-back hours. 

Findings from the National Institutes of Health compare a driver being awake for 24 hours to the impairment experienced by drivers with blood alcohol levels of .10 percent. For commercial truckers, that is nearly more than two times the legal limit. It is common for truckers to average only five hours sleep time between shifts behind the wheel. Experts recommend 2-4 additional sleeping hours in order to get adequate rest. Sleeping poorly between driving routes is another cause of significant impairment in truck drivers.

The logbooks truckers use to tally up their driving hours are notoriously easy to falsify, especially when freight companies push their drivers to complete their deliveries in record time to save money. The trucking industry could reduce the risk of fatigue-related large truck crashes by mandating that all commercial trucks use electronic onboard recorders to log the trucker’s hours behind the wheel. Such automated recorders would increase drivers’ compliance rates with federal hours-of-service laws, as the devices record data whenever a truck is in motion.

A preventable tragedy

Recently, the National Transportation Safety Board released its findings of the primary cause of last year’s collision on the New Jersey turnpike between a Walmart truck and a limousine carrying comic Tracy Morgan and others. Morgan suffered a traumatic brain injury in the crash, and four other passengers were seriously injured. Most tragically, a longtime friend of Morgan’s died in the carnage. The NTSB cited truck driver fatigue as the main factor behind the accident.

The NTSB report stated that the trucker had been awake for over a day at the time of the collision, having driven more than 800 miles on a route from Georgia to Delaware before embarking on the fatal ride. He had previously lost a safety bonus after racking up nine separate critical event reports for unsafe driving behaviors like braking too hard.

Coping with the aftermath

Most people injured in large truck crashes do not have the financial cushion of someone like Tracy Morgan to sustain them and their families in the recuperative months to come. Depending upon the severity of the injuries you suffer, you could find yourself unable to work, with no means of support and a mountain of hospital and rehabilitation bills. A serious accident can have negative repercussions on every aspect of your life. Worse still, the accident may cause permanent disabling injuries that preclude your ever working again in your field at the position you held at the time of the accident.

Although you may be overwhelmed, you can turn to the legal professionals at Chandler, Mathis & Zivley, Attorneys at Law. Their truck accident lawyers can help you pursue justice by filing a civil claim against the truck driver and trucking company responsible for your injuries and decreased quality of life.

Google+: There are many different factors that can cause a collision between your car and a large commercial truck. A truck accident lawyer can vigorously pursue compensation on your behalf.

Sources:

http://www.iihs.org/iihs/topics/t/large-trucks/fatalityfacts/large-trucks

www.fmcsa.dot.gov/regulations/hours-of-service

http://www.ntsb.gov/investigations/AccidentReports/Pages/HWY14MH012_preliminary.aspx

Ask a Car Accident Lawyer: Are Senior Drivers More Likely to Cause a Collision?
Ask a Car Accident Lawyer: Are Senior Drivers More Likely to Cause a Collision? 150 150 CMZ Law Lufkin/Houston

Being able to drive gives senior citizens autonomy and allows them to remain active longer in their communities. Retaining a valid Texas driver’s license lets elderly citizens get to and from medical appointments, the grocery store, worship services and other activities. Driving not only keeps them from burdening friends or family members in order to get where they need to go, but it is an integral part of their identity — a competent, licensed driver.

But are older drivers more of a safety risk behind the wheel? The answer might surprise you.

What the numbers say

According to statistics supplied by the United States Census Bureau, there were approximately 30 million senior citizens 70 or older living in America in 2013. This group comprises about a tenth of the nation’s total population. Federal Highway Administration reports from the same year indicate that there were more than 23 million senior citizens over 69 who were licensed drivers. Of that age range, seniors who still legally drive made up 78 percent of that group. One factor that is likely to increase the propensity for driving among senior citizens is the death of a spouse or a late-in-life divorce. Conversely, retiring has the opposite effect; seniors tend to drive fewer miles when they no longer work.

Overall, today’s senior citizens are electing to drive longer than they have in past decades. This could be because of several factors. As a group, they are living longer and enjoying better health farther into their golden years due to medical advances. Also, more men and women in the 70-and-older group have been in possession of drivers’ licenses for the majority of their lives, unlike many of the same age only a few decades ago.

In the years between 1997-2012, there was a 30 percent uptick in licensed drivers over 69. Yet the rate of drivers aged 70 and up who were involved in a fatal collision between those same years actually decreased more than the rates for drivers between 35 and 54. Some possible reasons for this include:

  • Data suggests that those 70 and older drive less than their younger counterparts. Senior drivers travel 45 percent fewer miles than those licensed drivers 35 to 54 years old. Shorter trips and less time spent behind the wheel results in fewer opportunities to be involved in an auto accident.
  • Some studies indicate that those older than 64 impose their own restrictions on driving due to declining health, vision, memory and mobility. Senior citizens may choose to only drive during daylight hours, drive solely on the surface streets and avoid driving at all in inclement weather.

Where the problem lies

One of the ironic characteristics of cognitive impairment is that often those with a significant degree of memory loss, or indications of the onset of dementia, fail to recognize these signs and symptoms in themselves. Some cognitively-impaired senior citizens continue to drive long after it is no longer safe for them or others on the road. Those who live alone and have no family members around to monitor their driving are at the highest risk for unsafe driving behaviors.

It is important to understand that age alone does not determine a senior citizen’s ability to drive. There are some healthy seniors in full possession of their mental faculties who continue to drive without incident well into their 80s. Alternatively, there are drivers in their early 60s whose mental and physical conditions make them true hazards on the road. 

Because there is no specific criterion to determine who should no longer be driving, it’s important to understand how the aging process impacts one’s driving abilities.

As people age, they become less flexible. Body parts don’t move as smoothly or as quickly as they do in younger folks. Aging diminishes both coordination and strength, which can have serious repercussions behind the wheel.

5 consequences of aging

  • Leg pain or stiff knees can make it harder to switch the foot quickly from the gas pedal to the brake when seconds count.
  • Reduced mobility in the neck can make it impossible to glance over the shoulder to check for clearance when changing lanes. Even looking right and left at intersections to check for oncoming cars, pedestrians and cyclists can be challenging.
  • When reaction times are slowed by even tenths of a second, failing to note that vehicular traffic ahead has slowed, another car is merging or a child has darted out into the street can have tragic consequences.
  • Weakness in the arms and wrists can make it difficult to quickly turn the steering wheel to avert disaster. 
  • Multitasking becomes harder with age. Monitoring the road, weather conditions and the movements of pedestrians and other vehicles may become overwhelming to some older drivers.

Texas license renewal policies

The state of Texas acknowledges that, over a relatively short period of time, there can be substantial changes in an older driver’s abilities to safely operate a motor vehicle. As such, there are some licensing restrictions in place for older drivers to prevent those who are no longer mentally or physically able to drive from renewing their licenses. Additionally, during the driver’s license renewal process, drivers of any age whose demeanor, behavior or appearance raises red flags to agency personnel may be required to provide additional evidence to substantiate their fitness to drive.

This may include retaking all or some of the licensing examinations. Drivers who have a sketchy history of accidents or past driving violations, and those whose dangerous driving behaviors may have been red-flagged to the agency, might face closer scrutiny before a renewal is granted. Even when a license is renewed, certain restrictions may be put in place. They may include:

  • Daylight driving only
  • Driving only to specific locations
  • Driving only within stated boundaries

The liability is clear

Nobody wants to deprive senior citizens of their independence, but when older drivers demonstrate that they are no longer competent to drive, they become both a deadly hazard and a legal liability on Texas roads. Accident victims who sustain injuries and property damages in collisions with at-fault senior drivers have a legal right to pursue a claim for damages through the Texas civil courts.

After an auto accident, medical bills mount quickly. Traumatic brain injuries and multiple fractures can require months of rehabilitation from physical and occupational therapists, and many accident victims will never fully recover from the injuries they suffered. To return to at least a semblance of your pre-collision life, you will likely need to retain a Texas car accident lawyer to best represent your interests.

The dedicated attorneys at Chandler, Mathis & Zivley stand ready to assist our clients in pursuing justice. For over 40 years, we have maintained a strong and unblemished legal record in East Texas and Houston. If you have being injured in an at-fault wreck with another driver, we can help. Contact us to schedule your free consultation.

Sources:

http://www.iihs.org/iihs/topics/t/older-drivers/qanda#cite-text-0-3

http://www.helpguide.org/articles/aging-well/age-and-driving-safety-tips.htm

Cell Phone Use Involved In Texas Crash Leading To Jury Award
Cell Phone Use Involved In Texas Crash Leading To Jury Award 150 150 CMZ Law Lufkin/Houston

Can you be awarded damages if you were injured in an auto accident that involved call phone use?

Automobile accidents are one of the most common causes of injury and death in the United States. The use of cell phones has made driving much more dangerous activity than it once was.  It is estimated that drivers distracted by cell phones cause as many as one quarter of the country’s car crashes every year. If you were injured in a car crash that occurred because another driver was distracted by cell phone use, you may be entitled to compensation just as in a recent case coming out of the State of Texas.

In 2013, an unnamed plaintiff was operating a pickup truck near an intersection in Dallas when another driver, which was distracted by the use of his or her cell phone, caused a collision. The plaintiff was seriously hurt and allegedly had to undergo months of medical treatment for injuries to his or her back and wrists. The plaintiff brought suit and a jury decided that a $138,504 verdict should be awarded.

What is interesting about this case is that it actually involves a modest award. Depending upon the circumstances of the case and the injuries sustained by the plaintiff, these cases are known to involve verdicts ranging from hundreds of thousands to tens of millions of dollars. Even if a case settles, it is likely that the plaintiff will receive significant compensation.  For example, in 2012, a distracted driving case from the same state fetched $22 million. It is also important to remember that distracted driving does not only include talking on a cell phone. A person can be held liable for distracted driving for various types of cell phone use, including texting, checking emails and using social media, among other things. If you or someone you love sustained injuries at the hands of a distracted driver, you should speak to a qualified personal injury attorney today.

Texas Trucker Files Lawsuit in Refinery Accident
Texas Trucker Files Lawsuit in Refinery Accident 150 150 CMZ Law Lufkin/Houston

What are the grounds for a personal injury lawsuit in a refinery accident?

In Texas and Louisiana, refineries play an integral role in the Gulf Coast economy, and these outfits are often drive by profits at the expense of worker safety. Avoidable accidents often occur when hazards and safety issues are overlooked. This appears to be the case in a refinery explosion at a Shreveport-based refinery in April 2015.

A truck driver from Denison Texas has filed a lawsuit after being covered in molten asphalt in a refinery explosion at Calumet Specialty Products Partners. The trucker suffered third degree burns on 90 percent of his body in what doctors at Louisiana State University Health Services Center said were the worst injuries they had ever seen in a burn injury survivor. The injured man spent three months in intensive care at the hospital.

A Grisly Refinery Accident

In April 2015, the trucker was picking up a load of asphalt from Calumet for delivery to a buyer in Texas. The truck was overfilled with 350 degree liquid asphalt that a Calumet worker began to offload, even though the trucker was not trained in this procedure. Apparently, water in the hose was vaporized by the liquid hot asphalt which caused the explosion, throwing the trucker to the ground and covering him with burning asphalt. During the 3 months in ICU, the trucker had to undergo debridement treatments to remove the burned layers of skin.

A History of Calumet Refinery Accidents

In 1999, a similar asphalt explosion injured another trucker and the company testified during a trial that truck drivers were not allowed to assist in offloading liquid asphalt. Moreover, the Calumet refinery has a history of OSHA citations dating back to 2007 when the outfit was fined more than $120,000. Again in 2010, the refinery was hit with more than $170,000 penalties for violations of health and safety regulations. More recently, a Calumet worker dies from injuries in an accident at the refinery in May, the details of which have not been disclosed.

In connection with this accident, Calumet is reportedly coordinating with its insurance company to pay the trucker’s medical expenses, however, his lawyers content he will need medical care for the rest of his life costing millions of dollars. Calumet also stated that it has implemented additional safety precautions at the refinery. While it remains to be seen if the trucker will prevail in his personal injury lawsuit, Calumet’s history of violations and OSHA citations may support the refinery injury claim.

The Deceptive Practices of Auto Lenders
The Deceptive Practices of Auto Lenders 150 150 CMZ Law Lufkin/Houston

What is being done to protect consumers from unscrupulous auto lenders?

For many individuals and families, having a car is essential to holding a job, making a living, and taking care of their responsibilities. In most cases, having a safe and reliable car requires obtaining financing from an auto lender, but many consumers become the targets of unfair and deceptive practices which are prohibited by state and federal laws.

Recently, the Consumer Finance Protection Bureau (CFPB) issued separate reports regarding apparent deceptive the practices of auto lenders and complaints made to the bureau about leasing and lending practices .

The consumer watchdog found that advertisements by some lenders for GAP coverage, as well as disclosures regarding payment deferral terms, were deceptive. GAP coverage is designed to cover the remaining balance on an auto loan if a car is totaled, however this coverage typically has loan-to-value limit. While that limit it typically high, the lenders under review did not mention these limits in its advertising. With respect to the loan payment deferral options lenders uses as an inducement for consumers to buy an automobile, the disclosures did not accurately reflect that finance charges would ultimately be higher.

Complaints About Auto Lenders are Common

While the CFPB has yet to identify the lenders in question, they are probing the alleged violations and determining whether these lenders will be required to take corrective action. The bureau also reported that 60 percent of consumer loan complaints in the past five years concerned the auto lending industry, including loan, lease and title complaints.

Borrowers frequently reported having issues with managing and paying loans and leases, which was caused, in part, by failing to understand how fees and high interest rates effect the total cost of these financings. In addition, consumers often complained about payment processing issues, including payments not being applied in a timely manner. The bureau also found that lenders often neglected to address consumer complaints and align their business practices with federal consumer law.

While the CFPB has its eye on the deceptive practices of auto lenders, consumers in Texas are also protected by the Deceptive Trade Practices Act. If you suffered a financial injury because of the false, misleading or deceptive practices of a consumer lender in the state, should you contact an experienced consumer law attorney to explore your options.

Injuries Caused By Drunk Drivers: Is the bar to blame?
Injuries Caused By Drunk Drivers: Is the bar to blame? 150 150 CMZ Law Lufkin/Houston

With respect to a restaurant or bar’s duty to protect its patrons, premises liability law unequivocally requires that property owners regularly inspect the common areas and do away with any hazards and dangerous situations. However, what is a bar owner’s duty to protect unsuspecting third parties in the event a patron leaves under the influence and injuries someone on the way home? While states differ on their take on this issue, the Texas “Dram Shop Laws” work to apply to this very situation – and bar owners might not like the answer.

The Dram Shop Law is found in Chapter 2 of the Texas Alcoholic Beverage Code, and specifically holds a bar or restaurant liable for injuries caused as a result of beverage service if: (1) it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and (2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.

According to the allegations in a recent Laredo-area lawsuit, the bar known as “Old No. 2” met the criteria described above – resulting in the tragic death of a man killed at the hands of a drunk driver. According to the lawsuit, the driver was overserved at the establishment, and proceeding to run a red light on the way home – at which the victim was stopped, awaiting the light to turn green. The driver was not only charged with vehicular manslaughter, but is also facing possible million-dollar liability. Also named in the lawsuit are the restaurant as a business entity, and two servers who were working on the night in question.

In order for the victim’s surviving widow to succeed in her lawsuit, she will have to prove that – at the time of service – the defendant was obviously intoxicated, which may require proof of drinking earlier in the evening, surveillance footage, or eyewitness testimony.

Contact an experienced personal injury lawyer today!

If you were recently injured and would like to discuss your options under Texas law, please contact Chandler Mathis Zivley today: 1-877-739-7744.

Golf Cart-Related Injuries
Golf Cart-Related Injuries 150 150 CMZ Law Lufkin/Houston

Golf carts are slow-moving vehicles, but that does not mean that they cannot cause injuries. In fact, golf car accidents are more common than you might think, and they can result in severe and even life-threatening injuries. If you have been injured while riding or driving a golf cart, you may have a legal claim. Our team can help you understand your options.

Prevalence of Golf Cart Accidents

There are approximately 15,000 golf cart accidents in the United States every year that lead to a trip to the hospital. The Consumer Products Safety Commission reports that roughly 40 percent of all golf cart injuries occur because the vehicle flips, and nearly one-third of those injured are children. Interestingly, only half of all golf cart injuries occur on golf courses.

Golf carts are “open air” vehicles, which means they have no protection on most of the sides of the car. They also have no seat belts or another restraint mechanism in most models. It is easy for passengers to fly out of the cart, resulting in injuries. Rollovers are common because the vehicles can turn quickly, but are somewhat top heavy. Even uneven ground can cause a driver to lose control of the cart.

Golf cart injuries often result from several common scenarios, including:

  • Collisions with other golf carts or objects
  • Pedestrians being hit with golf carts
  • Being thrown from a golf cart because of driver error
  • Being hurt in a rollover accident due to driver recklessness or carelessness
  • Injuries resulting from being hit by a car while operating a golf cart

Golf carts are often used a means to get to and from the golf course as well as to other destinations. Children commonly drive golf carts as a means of travel and entertainment as well. Use has also increased in recent years, according to the National Golf Cart Association, because of the increase in gas prices and number of retirees.

Insurance and Golf Cart Injuries

Your insurance policy may cover golf cart injuries. It is important to read policy language carefully to determine coverage. Motorcycle and ATV coverage may include injuries related to golf carts. Homeowners’ insurance may also cover golf carts, but there are often very specific limitations that apply.

When golf cart injuries occur on someone else’s property, their insurance may provide coverage as well. These situations can get complicated, so it is especially important to involve a personal injury attorney in those circumstances.

Common Golf Cart Injuries

Golf cart injuries vary significantly from relatively minor to extremely severe. The most common golf cart injuries include:

  • Foot and leg injuries
  • Bruises
  • Strained neck or back
  • Whiplash
  • Cuts
  • Broken bones
  • Crush injuries (particularly in rollover accidents)

Head and neck injuries are often the most serious damages that occur after a golf cart accident. They can result in long-term health problems and even death.

Liability for Golf Cart Accidents

Legal responsibility for golf car accidents will vary depending on the cause of the crash. For example, if the accident was due to driver error, then the driver may be liable for your injuries. If the golf cart malfunctioned, then liability may rest with the manufacturer of the cart or anyone that did maintenance work or repairs.

Your attorney will be able to help you determine who may be liable and whether you have a viable legal claim. Contact our firm today for more information.

Head Injuries in Car Accidents
Head Injuries in Car Accidents 150 150 CMZ Law Lufkin/Houston

Car accidents commonly cause head injuries. These injuries can range in severity from extremely minor to those that may even result in death. In fact, more than half of all reported traumatic brain injuries are the result of an auto accident. Any time there is a strong force imposed against the skull, whether that is from an object striking the skull or from a sudden stop, it can result in a debilitating head injury.

Head injuries can occur even when the victim does not have an open wound. The brain can be forced into the skull, resulting in brain bruising and bleeding. These injuries can be tough to detect, but they can be life-threatening. If you suspect anyone has a head injury after a car accident, it is essential to seek medical attention right away.

Causes of Head Injuries in a Car Accident

Car crashes are dangerous. Causes of a head injury will vary depending on the type of accident.

  • Penetration Injuries. When an object pierces the skull, it can result in brain damage. The object can impact the brain or even penetrate the brain, causing bleeding and long-term nerve damage.
  • Force Injuries. The force of suddenly stopping can cause damage to the brain when it hits the front and back of the skull.
  • Injuries Caused by Objects. Flying objects or people in the car can hit your skull hard enough to result in a head injury. Drivers and passengers often hit their heads against the steering wheel or dashboard, resulting in a force-related injury.

Side Effects of a Head Injury

You do not have to lose consciousness to have a head injury. In fact, damage to the brain or skull may be hard to detect. If you have any of the following symptoms, you or your passengers should seek medical attention for a head injury.

  • Slowed response times
  • Difficulty thinking or concentrating
  • Headaches
  • Sensitivity to light or sounds
  • Trouble with balance or coordination
  • Nausea
  • Feelings of fatigue
  • Abnormal feelings of alertness
  • Moodiness or unnatural emotional reactions

Extremely severe head injuries may also have the following symptoms.

  • Seizures
  • Periods of unconsciousness
  • Numbness in the arms or legs
  • Confusion
  • Dilated pupils
  • Aggression

Severe head injuries can result in additional health problems. Seek medical attention immediately.

Keep in mind that symptoms of a head injury may not appear immediately after an accident. In fact, it can take hours, days, or even weeks after the crash to notice a head injury. It is always a good idea to get a full physical after a car crash, even if you think you only have minor injuries.

Recovering from a Head Injury

The recovery timeline for a head injury will vary a great deal depending on the severity of the injury and the individual. For example, younger adults will usually recover faster than older adults.

Those who suffer from a severe traumatic brain injury may see residual effects from the injury even years after they have made an otherwise full recovery. On the other hand, less severe injuries may only take a few days to weeks to heal completely.

If you or a loved one has been involved in a car accident that resulted in a head injury, you may be entitled to compensation. Our team can help you determine whether asserting a legal claim is in your best interest. Call today for more information.

 

Texting While Driving Law Change in Texas
Texting While Driving Law Change in Texas 150 150 CMZ Law Lufkin/Houston

Q: Will the new texting while driving law reduce accidents and personal injury claims?

Texas car accidents can be caused by a number of factors including driving while intoxicated, speeding, aggressive driving, weather conditions, mechanical defects, and more.

Car accidents caused by a driver’s negligent, reckless, or intentional actions or inactions often leave seriously injured, disabled, or dead victims in their wake and are often the basis of a personal injury lawsuit or a wrongful death action.

Once liability is established, car accident victims may be entitled to compensatory damages including past and future medical bills for treatment or rehabilitation, past and future mental anguish and physical pain, Physical impairment or disfigurement, past and future loss of income and loss of earning capacity. If the victim dies from their injuries, their closest surviving family members may be entitled to damages as well through a wrongful death lawsuit, but who has standing to sue and the type of damages they can recover differs on a case-by-case basis so consulting a skilled personal injury attorney is advised.

Another common cause of motor vehicle accidents is distracted driving. And one of the biggest distractions is texting while driving.

In an effort to discourage texting while driving, new legislation went into effect on September 1, 2017. The new law, reportedly described by its own co-author as “something is better than nothing” has its share of loopholes.

According to the law, drivers are reportedly permitted to:

  • make and receive phone calls in accordance with local laws
  • use navigation applications
  • use music applications.

Reported ambiguities surround the unaddressed use of “internet browsers, search functions, gaming, or other phone applications, although “the use of messaging and communications applications like Facebook, Facebook Messenger and Twitter appear to be prohibited”.

With respect to texting while driving, the new law offers reportedly some exemptions including:

  • texting during emergency situations (though it doesn’t define what constitutes an “emergency”)
  • workers texting the office so long as their phones are mounted
  • on-duty emergency vehicle operators are exempt
  • on-duty law enforcement vehicle operators are exempt
  • hands free texting is allowed.

These loophole defenses, coupled with the mandate that ticketing officers “must not only witness offenders using their phones, but identify that the activity is specifically texting” will make the new law difficult to enforce.

Of course, the safest way to avoid being distracted or being accused of causing a motor vehicle accident is to avoid cell phone distractions entirely.

If you or a loved one has been injured or a loved one has been killed in a motor vehicle accident due to someone else’s negligence, the lawyers at Chandler, Mathis, and Zivley, PC will investigate your case and take legal action to help you obtain the maximum compensation to which you are entitled. Contact our office for a free consultation.

From our offices in Houston and Lufkin, we’ve been serving clients throughout Texas as well as many other states for over 40 years.

 

Texas Accident Results in Fatality, Reinforces Danger of Motorcycles
Texas Accident Results in Fatality, Reinforces Danger of Motorcycles 150 150 CMZ Law Lufkin/Houston

Texas Accident Results in Fatality, Reinforces Danger of Motorcycles

Driving or riding on a motorcycle in Texas can be a lot of fun. With the sun shining down on you and the fresh wind whipping your face, they provide a very different feeling than that of a car. However, with little protection, motorcycle drivers often find themselves much more susceptible to injury than drivers of cars or trucks. This is due in part to the fact that they have less stability and visibility as well as higher performance capabilities than cars.

Jarring Statistics

According to a 2018 report by the National Highway Traffic Safety Administration, the government has estimated than in 2016 for every mile traveled, the number of motorcycle fatalities was 28 times greater than that of cars. Per the Insurance Institute for Highway Safety’s Highway Loss Data Institute, in 2017 a total of 5,172 motorcyclists died in crashes and accounted for 14 percent of all motor vehicle crash deaths. The same year saw more than twice as many motorcyclist deaths as were seen in 1997. Of these deaths in 2017, 38 percent occurred in single-vehicle crashes, while 62 percent occurred in multiple-vehicle crashes.

These devastating statistics are evidenced in a recent crash. Earlier this month, a motorcycle and a pickup truck were going southbound on a local Texas road when they were involved in an accident. Although much is still unknown as to the exact cause of the crash, according to investigators the truck was traveling behind the motorcycle when the driver of the latter slowed down for a red light. It has since been established that the truck hit the motorcycle from behind, before crashing into a utility pole and consequently bringing down live power wires.

A Devastating Outcome

The crash, which occurred shortly before midnight, resulted in multiple injuries. According to multiple witnesses of the crash, they worked to help the victims. They also worked to pull one of the two occupants of the truck to safety. The truck went up in flames, and the two occupants of the truck were transported to a local hospital, while the motorcyclist was transported to a medical facility. While both truck occupants survived, unfortunately the motorcyclist was not so lucky. He later died from his injuries.

Wrongful Death and Other Legal Actions

The investigation is still underway, though when it is finished, it is possible that authorities may find that the accident was caused due to the negligence of the truck driver failing to stop. If enough evidence is gathered to help prove this belief, the family of the deceased may choose to pursue a case for wrongful death in a Texas civil court. Dependent upon the circumstances and evidence found, a knowledgeable and experienced personal injury attorney may be able to discuss with the family their available legal actions. Should they prove victorious, this award may assist them in paying for various costs such as lost income and funeral expenses.

Practice Areas of Attorney Houston Tx Legal Practice Areas $27.8 Million Victories Liquid Natural Gas Storage Victories