Should Texting & Driving be Illegal?
On behalf of Tylka Law Firm and Mediation Center posted in Car Accidents on Friday, July 29, 2016.
Whether you watch the national news, your local station or simply scroll through trending topics on Facebook, distracted driving remains one of the most controversial subjects on the roads right now. While Texas still doesn’t have an actual law on the books prohibiting the use of hand-held devicies when you are behind the wheel, it doesn’t mean that the impact of distracted driving isn’t being felt across the region.
According to TxDoT, more than 100,000 vehicular accidents in 2015 resulted due to the driver being distracted by using their phones, whether simply making a call or sending a text. It’s a pervasive problem, with over 35% of drivers being surveyed reported using their cell when behind the wheel in some capacity.
Does this mean you shouldn’t use your phone when driving? Absolutely. Here are a few reasons why.
A state law is in the works
While a no-texting bill was quashed last year by the Texas legislature, another grass-roots movement has started to pressure the lawmakers into drafting a new one. With 46 states that already have texting bans on the books and fourteen with no hand-held cell phone use at all, it’s clear that a similar legislation will happen in Texas sooner or later.
Legal or not, people are dying
There’s always your personal liability when considering risky behavior. The stats are not in your favor when you think you are a better driver than most and can handle staring at a tiny screen while running 55 mph down the highway. When you get into an accident due to distracted driving you can be cited for negligent operation, your insurance rates will increase, and worst of all, you can injure or kill somebody.
Local statutes are currently in place
While the state has not managed to put a distracted driving law in practice yet, over 60 communities across the state have. In other words, when visiting somebody else’s neighborhood, you could get pulled over and cited for doing something that is legal in your backyard. While you wouldn’t face any criminal charges in these instances, there would be lost time, money and possible repercussions from your insurance carrier should you get caught.
Stop texting now; save lives and money in the future
There’s an easy way to avoid any negative results of using your phone in any way while in your car: stop doing it. It may be a habit to check your phone when you put on your seatbelt, but maybe it’s time for a new habit.
Place your phone into the glove compartment or the back seat when you get behind the wheel. It’s that simple. When it is out of reach, even when your notifications go off, you won’t be able to send a reply, check your email or make that totally not important phone call. It can wait. Your life and everyone else using the road will be better off when you make the responsible choice.
Underinsured/Uninsured Driver Accident Info
Texas requires some minimum form of insurance coverage in order to operate a motor vehicle. This minimum level of compulsory insurance protects you from the financial loss that may be associated with an auto accident, where liability falls on the other driver.
Texas Requires Insurance by Law
Unfortunately, some people drive without insurance coverage despite the minimum requirements for insurance coverage. This puts you at a significant risk for being stuck with expensive bills if you are in an accident with an uninsured motorist.
The Insurance Research Council found that although the trend toward uninsured drivers has fallen nationally, the costs associated with these types of drivers has increased. The amount of insurance claims paid involving uninsured motorists 2012 was $2.6 billion. This claim amount is more than 75 percent higher than those claims paid in the 10 year period beginning in 2002.
Uninsured/Underinsured Drivers can Cost You
The costs of uninsured motorists involved in personal injury, property damage and fatalities are bore by those drivers who are responsible and have met their financial obligations through proper insurance protection. What can you do if you have been involved in an accident with an uninsured driver?
It is important to understand your rights as they pertain to uninsured motorists. When involved in an accident with an uninsured driver, where liability lies with that driver, you should seek qualified legal counsel.
An attorney can help protect your rights and begin the process of applying for benefits or taking legal action against the responsible party. An attorney may review a denied insurance claim or file a lawsuit against the driver for the financial costs associated with the damage and any injuries they may have inflicted.
Semi-Truck Safety Regulations May Save Lives
On behalf of Tylka Law Firm and Mediation Center posted in “Truck Accidents” on Tuesday, May 31, 2016.
Many motorists feel nervous when having to share the road with 18-wheeler trucks, and rightfully so. According to the latest data available, there were 3,964 fatalities due to crashes involving trucks in 2013, a 17 percent increase from 2009.
Safety Features on 18-Wheelers May Prevent Fatal Accidents
When it comes to accidents involving trucks, some are quick to blame the truck drivers saying that they are on the road too long without getting the proper amount of rest. While changing certain requirements for truck drivers might help, improved regulations for underride guards on trucks may also prevent deaths during certain kinds of accidents.
What are underride guards? Underride guards are the steel bars that hang down from the backs of semi-truck trailers. They are there to help prevent a passenger vehicle from sliding underneath the trailer during an accident.
When a vehicle ends up going underneath a truck, the top of the vehicle gets crushed because the safety structures on a normal passenger vehicle gets bypassed and there is nothing to absorb the energy of the crash. In these types of accidents, airbags and seat belts are useless, and people can sustain serious head and neck injuries. For some, underride accidents have proven to be fatal.
While the first underride guards were required on heavy-duty trucks and trailers in 1953, it didn’t prevent people from getting seriously injured when a vehicle ended up underneath the trailer of an 18-wheeler.
In 1996 the National Highway Traffic Safety Administration revised their standards on underride guards. However, even after making the changes, over 5,000 deaths occurred in underride accidents between the years 1994 to 2014.
Semi-Truck Accident Survivors Advocate for Changes
Those who are injured or who have lost loved ones in these types of accidents continue to advocate for upgraded safety rules. The Truck Safety Coalition has petitioned for all trailers to be equipped with rear impact guards that better absorb energy. There is also a request to require all trucks to have underride guards on the front as well on the sides of their trailers to prevent fatal accidents.
For individuals who are injured or for those who have lost loved ones in an underride accident, there is legal action that can be taken in order to seek compensation for damages. For those who decide to pursue this, it is important to seek guidance from an experienced personal injury attorney.
Cell Phone Use Leads to Distracted Driving
The use of your cellphone while driving is hazardous and leads to serious car accidents every year in the United States. The government does not have accurate statistics on how many accidents are caused by cellphone use because many drivers do not want to admit to using a cellphone just before a crash. However, reports do show that cellphone use is still a main factor in distracted driving accidents.
The National Safety Council reports that 21 percent of all car accidents in the U.S. involved people talking or using their cellphones. Research shows that drivers using cellphones, even hands-free devices, are four times more likely to be in an accident.
What are the myths of distracted driving?
The myth that drivers can multitask continues to cause accidents. Do you know the myths surrounding cellphone use and distracted driving? They are:
Myth 1: Drivers can use cellphones and drive at the same time. Talking and driving are both cognitive functions. This makes it difficult for your brain to complete both activities at the same level, making it difficult to safely operate a vehicle.
Myth 2: Talking on the phone is the same as talking to a passenger in the car. This is not true. A passenger in the car is able to see road conditions and alert the driver if necessary.
Myth 3: Hands-free devices are safer than hand-held devices. Hand-held devices are just as dangerous as hand-held cellphones because it forces the driver to focus on the road and listen and talk at the same time.
Myth 4: Drunk driving is more dangerous than cellphone use while driving. Studies found that drivers using cellphones actually had slower reaction times than drivers with a blood alcohol content of .08 percent.
Many safety groups continue to raise awareness to the issue. Now that you know the common myths surrounding cellphone use and driving, you can take steps to prevent an accident before it’s too late. Remember to put your cellphone down and focus on driving the next time you get behind the wheel. This simple step could save yourself and others from being injured in a car accident.
Texas Highways can be Dangerous
It is always a bit risky to travel busy Texas highways. Motorists who act with negligence behind the wheels of their vehicles place all who share the road in danger. When a fatal car accident occurs, it is often found to have been preventable had it not been for driver negligence.
Losing a loved one in a motor vehicle accident that most likely could have been prevented intensifies the grief and anger often associated with such incidents. A family may be met with grave financial strain in addition to serious emotional trauma. Funeral expenses, medical bills for treatment rendered before death and other costs may result in serious debt that a family is unable to repay on its own.
Motor Vehicle Accidents are Devastating
In an accident that occurred on a recent Wednesday morning, a motorist is said to have failed to yield the right of way, which apparently caused a collision with another vehicle. A 24-year-old woman who was traveling as a passenger in one of the cars did not survive her injuries. Two others were reported in critical conditions and taken to a nearby hospital for urgent care.
Filing a wrongful death claim after a fatal car accident in Texas can be a stressful and complicated process. It is advisable to seek experienced legal counsel before pursuing such matters in court. An attorney who has successfully litigated similar cases can help identify possible sources of liability and determine the maximum amount of monetary recovery that may be sought for the losses one has suffered.
Source: kagstv.com, “1 killed, 2 injuried in early morning crash near Caldwell“, Khyati Patel, April 14, 2016
Hit & Run Drivers are Hunted by Texas Sherriffs
Street racing is illegal in Texas and all other states. Such dangerous activity behind the wheel of a vehicle can cause collisions that result in serious injuries to others. In worst cases, those injuries often prove fatal. This seems to have been the case in a hit and run accident that occurred on a recent Tuesday night.
Spokespersons from a sheriff’s office say that the driver of a pickup truck was allegedly street racing another motor vehicle moments before the crash. Apparently, the pickup smashed into a car not involved in the race that was traveling on a road that connects to the parkway. Sadly, two occupants from that vehicle, a man and a woman, were both pronounced dead at the scene of the tragedy.
The driver of the pickup truck allegedly fled the area. Two occupants from the other vehicle said to be involved in the race reportedly stopped and checked on the victims, then also left the scene. The names of the victims were not reported.
There are Legal Options for Victims
In similar situations in Texas, once authorities locate a driver suspected of causing a hit and run accident, criminal charges are often filed. If a victim survives the injuries suffered, a civil lawsuit may also be submitted against an allegedly reckless driver in order to seek compensation for damages. If a victim has succumbed to injury, an immediate family member is typically able to pursue legal action on behalf of the decedent. A monetary judgment issued by the court when a claim is successful can help meet funeral expenses and other costs often associated with a serious accident.
Source: kwtx.com, “Hit-and-run during street race in Texas leaves two dead“, April 13, 2016
Loss of Vehicle Control can Contribute to Accidents
In all likelihood, there are many motor vehicle accidents on Texas roadways every single day. Not all collisions involve multiple vehicles. Sometimes, a fatal car accident occurs when a single driver somehow loses control of the vehicle.
Such seems to have been the case in a recent tragedy that involved one car carrying two occupants. Apparently, the driver entered a parking lot and came to rest at a stop sign near some railroad tracks. The driver reportedly failed to notice that the tracks were a good six feet lower than the rest of the terrain.
After stopping at the sign, the driver accelerated and proceeded to drive straight ahead, thus causing the vehicle to plunge over the drop. The car crashed onto the railroad tracks below, killing a 48-year-old female passenger. The man later told police that he did not realize the road dropped off beyond the stop sign.
Accident Victims and Families have Legal Options
It is always tragic when a life is lost in a fatal car accident that may have been preventable. In the aftermath of such an incident, the family of a deceased victim may pursue justice against a negligent driver in the form of filing a wrongful death claim in a Texas civil court. Damages sought may include funeral expenses, loss of consortium and other financial and emotional losses associated with the accident. Though a monetary judgment can never serve as a replacement for the loss of a human life, it often helps families bear the unexpected financial burdens that arise following such tragedies.
Source: kwtx.com, “Central Texas woman killed in freak weekend accident identified“, Brandon Marshall By, April 4, 2016
Fund Set Up for Volunteer Firefighter Killed in Accident
Emergency responders are often called to the scenes of tragic accidents in Texas. When a fatal car accident occurs, families and entire communities are often left stricken with grief. When an accident is determined to have been caused by another motorist’s negligence, it is understandable that surviving family members want justice to be served on behalf of their deceased loved one.
A man who received an award for his volunteer efforts at a Texas fire department in 2015 was recently killed, along with two others, in a tragic two-vehicle collision. The man had served as a captain at the local fire station and was traveling with two children at the time of the crash. A van that had reportedly careened out of control on the highway smashed into the man’s car, killing him and both of the children riding as passengers.
Three occupants in the van were transported to the hospital with serious injuries. A bank account was opened to receive donations on behalf of the family of the deceased victims to help cover funeral expenses. In similar situations, families may be overwrought with unexpected financial burdens due to various expenses often associated with fatal accidents.
Victims and Families have Legal Options
A person deemed responsible for a fatal car accident is able to be held legally accountable to a deceased victim’s immediate family members through the filing of a wrongful death claim. An experienced personal injury lawyer can guide someone through the entire legal process. Such situations are often highly emotionally charged, and it helps to have sound legal representation on one’s side when pursuing such matters in court.
Source: wfaa.com, “DPS: 3 dead in crash near Wylie“, April 1, 2016
Information about Hit & Run Legal Claims
Those who have lost loved ones in motor vehicle accidents involving negligent driving have the right to pursue justice on behalf of their deceased family members. In addition, any person who survives personal injury in a hit and run accident may choose to file a legal claim in a civil court. To begin the process, one may want to consult with an experienced Texas personal injury lawyer in the area.
Tylka Law Firm and Mediation Center provides experienced legal guidance to those who have suffered at the hands of negligent motorists. For more than 25 years, we have aggressively sought justice on behalf of pedestrian victims and their families. We remain committed to helping injured victims obtain maximum compensation for damages against those deemed accountable for their injuries.
Leaving the scene of an accident after crashing into a pedestrian is a serious criminal offense. In addition to any criminal charges that might be filed against such a motorist, the victim is able to seek full recovery of losses in a civil court. Tylka Law Firm and Mediation Center is prepared to act on your behalf as you seek a monetary judgement against the person or persons who caused your injuries. If you are an immediate family member of a deceased victim, we will explain how you can seek justice on behalf of your loved one.
Pedestrians have Legal Options in Hit & Run Cases
If you have been injured in a hit and run accident in Texas or are the parent or legal guardian of a minor child who was injured by a motorist, we offer a free consultation to help you determine the best course of action to obtain a possible settlement or verdict. Pedestrian accidents are often emotionally and physically devastating. We will help you fight to hold those responsible accountable for the suffering you have endured.
Fatal Motor Accident due to Passing
Texas is a big state with many busy highways. It is crucial that motorists act with safety and caution behind the wheels of their vehicles in order to protect themselves and others sharing the roadways. When a fatal car accident occurs, authorities typically investigate the situation in order to determine who or what might have caused the collision.
Driver Negligence is a Leading Factor in Crashes
Often, driver negligence is determined as a leading causal factor in a crash. An incident took place on a recent Wednesday at approximately 6 p.m. that involved a 28-year-old woman who apparently attempted to pass another vehicle on the road. The roads were reportedly slick that day due to inclement weather. When the woman attempted the passing maneuver, she allegedly lost steering control and crashed into a sports utility vehicle traveling southbound.
A 3-year-old child and a 31-year-old woman were occupants of the vehicle that was struck. Both suffered injuries and were taken to different hospitals in Fort Worth for treatment. The woman who seems to have caused the accident did not survive her injuries.
When an individual survives injuries in a Texas fatal car accident that has taken the life of the driver deemed responsible, there is recourse through the legal system to seek compensation for damages. In such cases, a personal injury claim can be filed against the decedent’s estate so that a surviving victim can obtain recovery for losses associated with the collision. It is advisable to obtain guidance from an experienced attorney if one is considering filing a personal injury claim.
Source: wfaa.com, “DPS: Fatal accident caused by wet roads in Parker Co.“, March 9, 2016