Aggressive Drivers

Aggressive drivers are more interested in making a point than in driving safely, and they use the following behaviors to get their point across:

• Tailgating
• Flying in and out of traffic
• Speeding excessively
• Refusing to yield the right-of-way
• Using obscene hand gestures, taunts, excessive honking, flashing headlights, and more
• Cutting off other drivers
• Passing illegally
• Ignoring posted traffic signs, lights, and signals
• Zipping across multiple lanes without concern for other motorists
• Blasting through road construction

Some aggressive drivers go so far as to bump or tap other drivers purposefully and may attempt to drive them off the road. Steering clear of aggressive drivers is always in your best interest.

Why Are Aggressive Drivers So Dangerous?

When motorists take out their anger on the road, they put everyone at considerable risk. As such, aggressive drivers can be fined up to $200 and even spend time in jail for every conviction of a moving violation caused by aggression.

When you spot a dangerously aggressive driver on the road, alert the authorities when it is safe to do so. It could help prevent a life-threatening accident.

If you have been injured by an aggressive driver, contact a personal injury attorney to get the compensation you need to recover.

Should I Brake Check an Aggressive Driver?

While it is never comfortable to have another vehicle move in too close from behind, brake checking (hitting the brakes to get another driver to increase following distance) is dangerous and never appropriate. When a forward driver slams on his or her brakes for no other reason than to show irritation, that driver puts everyone on the road in danger.

In addition, brake checking could place the fault of any ensuing accident on you. Even if the rear driver is a reasonable distance from the driver who checks his or her brakes, the rear driver has to hit the brakes, too, which can lead to an accident with another vehicle. In other words, the brake-checking driver does not necessarily have to be directly involved in the accident to be found responsible.

Speeding Drivers

When motorists speed, they have less time and less space on the road to react safely to dangers ahead. Excess speed also decreases the effectiveness of safety structures, such as crash cushions, guardrails, impact attenuators, concrete barriers, and median dividers. These factors combine to make speeding accidents especially deadly.

Speed has been identified as a major risk factor on our roads for decades, but this fact has not done much to slow drivers down.

What Are the Statistical Impacts of Speeding?

• Nearly 9,500 people were killed as a result of excess speed.
• Speed played a significant role in 26 percent of deadly traffic crashes.
• An average of 25 people lost their lives every day in speed-related accidents.

Speeding accidents are serious and incredibly common. If you are involved in an accident with a speeding motorist, contact a Texas car accident lawyer for help with your claim.

When Do I Need to Adjust My Driving Speed?

Speed plays such a critical role in traffic safety that every road has a posted speed limit set for optimal driving conditions. Motorists should follow posted speed limits, but they must also slow down in relation to all the following factors:

• The dangerous effects of bad weather
• Poorly maintained roads
• Low visibility
• Road construction
• Debris on the roadway
• Heavy and erratic traffic
• Traffic accidents on the road

Distracted Drivers

Drivers owe their complete attention to the road ahead, and when they are focused on anything other than driving safely, they are far more likely to cause dangerous accidents.

If a distracted driver leaves you injured in a car accident, seek professional legal counsel from an experienced injury attorney.

What Behaviors Can Distract from Safe Driving?

Distracted driving, more common among younger drivers, is illegal in Texas. The NHTSA relays that using your smartphone, eating, drinking, conversing with passengers in your car, and fiddling around with your stereo or GPS are all forms of distraction. Anything that diverts your attention from maneuvering your car safely is a dangerous distraction.

Why Is It Illegal to Use a Smartphone While Driving?

Texting behind the wheel is extremely dangerous. In the five seconds or so that it takes to send or read a text, a motorist traveling at highway speeds can travel the distance of a football field. Because of these inherent dangers, Texas prohibits almost everything relating to texting, emailing, or using a phone while driving:

• Drivers cannot send or receive emails or texts.
• Drivers with learner’s permits cannot use cell phones for their first six months of driving.
• Drivers cannot use any handheld device in a vehicle in a school zone.
• Drivers under 18 years of age cannot use handheld devices.
• School bus drivers cannot use handheld devices while children are present.
• Drivers cannot hold a phone in their hand in a school zone or active construction zone.

There are some statutory exceptions for bona fide emergencies, but it’s generally best to leave your phone untouched while driving in Texas.

If you receive a phone call or text while driving, the Department of Transportation

Penalties for distracted driving violations are $25 to $99 for a first offense and up to $200 for subsequent offenses. Certain municipalities may have higher fines, and court costs and fees are often added to the fines.

Some instances of texting and driving may also come with a three-point hit on your driver’s license record, which can increase your insurance rates and remove safe driver discounts.

Can I Recover Compensation If I Have Been Hurt by a Distracted Driver?

You can recover compensation if you have been injured by a distracted driver. In most cases, you would not even have to show that the other driver was distracted, as simply establishing that he or she caused the accident will be sufficient to recover compensation. A skilled Texas personal injury attorney will help you on the path to compensation.

Drowsy Drivers

If you have not had enough sleep, it decreases your ability to drive safely. In fact, exhaustion can lead to impairments that mimic the diminished capacity experienced by drunk drivers in the following areas:

• Thinking clearly and making sound decisions
• Controlling movements
• Paying attention to driving safely
• Reacting to hazards, signals, and other drivers

A motorist who has been awake for more than 20 hours is as impaired as a motorist who is over the legal limit for blood alcohol content.

How Can I Avoid Drowsy Driving?

• Getting enough sleep on a daily basis (about seven to eight hours a night)
• Preparing for long trips by getting plenty of sleep the night before
• Avoiding alcohol before getting behind the wheel (Alcohol can exacerbate the effects of drowsiness)
• Ensuring that any medication one takes does not list drowsiness as a side effect

When Am I Too Tired to Drive?

Even if you have had a solid eight hours of sleep, fatigue can hit you unexpectedly. If you experience any of the following dangerous warning signs, it is time to pull off the road or let someone else drive:

• You do not remember the last few miles of driving.
• You cannot stop blinking and yawning.
• You notice that you are drifting outside of your lane.
• You cross the rumble strip on the side of the road.
• You sail past your destination or miss your exit.

Some fatigued motorists even go through periods of micro-sleep, which amounts to short, unintended bursts of inattention that are extremely dangerous.

If you experience any sign that you are driving while overly tired, pull over at the next exit and change drivers, get a room for the night, or do whatever else you need to do.

Drunk Drivers

The Centers for Centers for Disease Control and Prevention (CDC) shares that nearly one in three traffic deaths in America involves an impaired motorist. Further, Texas drivers self-report driving under the influence at a higher rate than the national level.

Impaired drivers put everyone else on the road at considerable risk. As blood alcohol concentration (BAC) increases, drivers experience effects that interfere with driving ability:

• Altered mood, increased relaxation, and exaggerated behaviors
• Loss of judgment and difficulty detecting danger
• Losses related to control of small muscles, such as problems with visual focus
• Poor muscle coordination, which can lead to problems with speech, vision, balance, hearing, memory, and reaction times
• Compromised alertness, control, and reaction times
• Inability to multitask

In Texas and most other states, motorists who drive with a BAC of .08 or above are over the legal limit and can face drunk driving charges. However, motorists don’t have to be over the limit to experience the exceptionally dangerous effects of alcohol behind the wheel.

If you’ve been injured by a drunk driver, contact a skilled drunk driving accident lawyer to help you on the path to recovery.

What Does Drunk Driving Look Like?

While there are some common signs that a driver may be impaired, it is important to trust your instincts and steer clear if you think a driver may present a danger. The following signs are closely associated with drunk driving:

• Drifting or swerving between lanes
• Ignoring traffic signs
• Speeding or driving too slowly
• Braking and accelerating erratically
• Signaling incorrectly or unpredictably
• Using headlights inappropriately
• Tailgating

What Should I Do If I Encounter a Drunk Driver?

If you share the road with a driver you suspect to be drunk, follow these important steps:

• Leave as much space between your vehicles as possible.
• Call 911 when it is safe to do so.
• Provide 911 with information about the drunk driver’s vehicle and your current location.
• Exit the roadway or remain a safe distance behind the impaired driver.

Impaired drivers are so unpredictable and dangerous that you should never attempt to pass when you identify a drunk driver in front of you. If a drunk driver is behind you, your safest option is probably exiting the roadway as soon as safely possible.

What Should I Do If I Am Drunk and Need to Get Home?

Motorists are responsible for driving safely and responsibly every single time they get behind the wheel of their vehicles. A responsible driver who overindulges in alcohol has plenty of options, and getting behind the wheel should never be among them. Responsible choices include calling a friend or family member for a ride, hailing a cab, or grabbing an Uber. When drivers under the influence of alcohol choose to get behind the wheel, they endanger everyone on the road.

How Can I Prove that the Driver that Hit Me Was Drunk?

When the driver who leaves you injured is charged with DWI, it makes proving negligence in your car accident case less challenging. However, even if he or she is not charged, there is likely to be evidence that supports impairment.

If you were injured in a car accident that was caused by someone whom you believe was under the influence of alcohol, tell the police officer at the scene of the accident. Describe any signs of drunk driving that you witnessed.

If you are asked to be interviewed or to testify against the driver, cooperate fully – under the advisement of your experienced Texas personal injury attorney – and focus on relaying the truth as accurately as you can.

Proving the other driver’s impairment will ultimately come down to having sufficient evidence, which can include all the following types of proof:

• The police report
• Your account of how the accident happened
• Your account of the suspect driving practices you witnessed
• Footage from dashcams and security cameras that caught any part of the accident
• Photos and videos taken at the scene
• Any physical evidence from the accident scene
• Eyewitness accounts
• The testimony of experts in relevant fields
• Accident recreation models that depict how the accident played out

Personal injury claims are predicated on evidence, and your Texas accident attorney is well prepared to gather all the evidence in your case in a focused effort to build your strongest claim.

What Is the Texas Dram Shop Law and How Will It Affect My Case?

In the State of Texas, a bar that serves a patron to the point of obvious impairment can share legal responsibility if that patron’s impairment leads directly to a car accident. Such cases are known as dram shop cases.

The Texas dram shop law includes two necessary components:

• Someone who serves alcoholic beverages under a state license or permit can’t provide alcoholic beverages to patrons who are obviously intoxicated to the degree that they are a clear danger to themselves or others.
• The inebriated patron must be the direct cause of an injury-causing incident.

If an establishment disregards these laws, it may bear responsibility in a personal injury case and could also lose its liquor license.

Dram shop cases often use the following forms of evidence:

• Eyewitness testimony from other patrons that the at-fault driver exhibited signs of obvious intoxication
• Receipts or other evidence of how much and when the at-fault driver was served
• Gauging the at-fault driver’s level of intoxication at the time of the accident and inferring what it must have been when he or she left the bar

Seasonal Road Hazards

Texas is known for its varied seasons, which can present unique driving challenges. Always drive defensively, pay strict attention to the conditions, and follow all the rules of the road to keep yourself and your family safe, regardless of the time of year. If you are injured in a winter weather accident, consult with a Texas personal injury attorney for help.

What Road Hazards Are Common in the Winter?

Winter weather can cause many hazardous road conditions:

• Wet, icy, snowy, or slushy pavement
• Rain, sleet, snow, and fog
• High winds and/or severe crosswinds
• Blowing sand, snow, or debris

These conditions affect safety on our roads in many ways:

• Winter weather leads to lowered visibility.
• Slick roads decrease vehicle performance by diminishing traction, stability, and maneuverability.
• Bad weather diminishes driver capabilities and can influence operational decisions.
• Harsh conditions can affect the infrastructure of the roadway over time.
• Slow speeds and increased accidents can influence traffic flow.

What Do I Need in My Emergency Kit?

The time to think about a winter safety kit is before an emergency. The National Weather Service suggests that your safety kit include the following items:

• A spare tire
• Jumper cables
• A tow rope
• Flares and/or warning triangles
• A heavy-duty flashlight
• Sand or kitty litter (to help you gain traction on mud, soft ground, or ice)
• Ice scraper
• A well-stocked first-aid kit
• Warm clothing
• Blankets
• Comfortable, well-fitting boots
• Water and snacks
• Candles, a tin can, and matches (for staying warm and melting snow for drinking water)
• An extra phone charger and an external battery charger

How Should I Adjust My Driving in Winter Weather?

You are well-advised to stay off the roads when the weather is bad. If you do find yourself unexpectedly driving in bad weather, adhere to the following safety protocols:

Slow Down

Be ready to slow down at the first sign that the weather might be changing. Roads can become the slickest of all when light rain or sleet first begins to fall. In addition, high winds can decrease the temperatures on the road, which means that black ice can lurk anywhere, even if temperatures are above freezing. You have to be on your toes at all times.

Plan Your Trip Ahead of Time

Check your route and the weather along that route. If needed, tweak your travel dates, alter your route, and ensure driving during daylight hours as much as possible. It is far easier to make changes before you set out on the road.

Inform Others of Your Travel

Let someone know where you are going and your planned itinerary. If something does go wrong, this ensures that your loved ones are alerted sooner (when there is a better chance of being able to help) rather than later.

Know How to React to Hydroplaning

Reducing your speed can help you avoid skidding and hydroplaning, but if the conditions are right, there may be nothing you can do to stop from going into a spin. If you find yourself hydroplaning, take these steps:

• Do not panic or slam on the brakes.
• Methodically ease your foot off the gas pedal.
• If necessary, apply your brakes slowly and evenly.
• Ease your steering wheel into the spin (without overcorrecting).

Knowing how to react in such an emergency can save your life.

Other Winter Weather Driving Guidelines

Following these additional guidelines can keep you safe when driving in winter weather:

• Stay alert to your surroundings – visibility can change quickly.
• Give other drivers plenty of space.
• Make sure your low-beam lights and fog lights (if you have them) are on. In very low visibility, hit your hazard lights. Do not engage your high-beam lights in fog.
• Keep your windshield clear by using your defroster and windshield wipers.
• Do not engage your cruise control.
• Use the road’s rightmost edge, roadside reflectors, or painted lines to guide you.
• Do not forget to listen for vehicles that you may be unable to see.
• Do not pass another vehicle or change lanes unless necessary.
• Signal early and ease your brakes instead of stomping on them.
• If visibility is too low to proceed safely, exit the roadway or pull as far off the road as possible – keeping your hazard lights engaged.

What Road Hazards Are Common in the Summer?

Familiarizing yourself with the risks associated with summer driving can help you and your family stay safe while still enjoying the season. If you are injured while traveling this summer, a skilled Texas car accident attorney can help.

Highways Congested by Vacationers

During summer, roads can become dangerously congested with vacationers, who are typically unfamiliar with the area. These conditions lead to more dangerous driving practices and increased frustrations. Build some additional time into your schedule to allow for increased summer traffic.

Teen Drivers

Summer means that school is out and that dangerous teen drivers are everywhere. Be on the lookout for inexperienced and impulsive teen drivers.

Cyclists, Motorcyclists, and Pedestrians

Summer brings out more cyclists, motorcyclists, and pedestrians. These individuals have much smaller profiles on the road and are much more difficult to see. Make seeing walkers, motorcyclists, and bike riders one of your top safety priorities this summer.

Road Construction

Summer means more road construction, which leads to increased delays and potential driving hazards. Build extra time into your schedule and choose routes that bypass road construction.

Tire Blowouts

The intense heat of summer makes tires more prone to blowouts and other issues. A sudden blowout at highway speeds endangers everyone on that highway. Drivers are responsible for keeping their vehicles, including their tires, in safe working condition.

What Road Hazards Are Common During Holidays?

Our roadways are at their most dangerous around holidays, which are closely associated with increased traffic and alcohol consumption.

Christmas and Winter Holidays

Between Thanksgiving and the New Year, there are countless celebrations, which means there will be more drivers on the road, especially at night. Many of these parties involve alcohol, meaning there are often more drunk drivers on the roads during the holidays.

Halloween

Halloween is a special night for pedestrians of every age, but these special factors conspire to help make the holiday especially dangerous for pedestrians:

• Halloween is the one night a year when children are encouraged to roam the streets in costumes that often reduce their visibility and restrict their range of motion.
• Halloween creates excitement that often makes children more impulsive (and more likely to dart into the street).
• Adults also celebrate, which can leave children less supervised than usual.
• Adult Halloween parties increase the number of impaired drivers on the road.

Keeping Kids Safe

When you and your children go trick-or-treating, it’s important to remember these safety tips:

• Accompany children younger than 12 for the entire outing.
• Walk on the sidewalk the entire time you are out – except when crossing the street.
• When crossing the street, look left, right, and left again before safely proceeding.
• Your older children should plan a familiar route for Halloween that is well lit and that requires a minimum number of street crossings.
• Never cross the road in the middle of the block, between parked cars, from alleys or entrances, or from anywhere other than an intersection or designated crosswalk.
• Parents and children should put down their phones and avoid distractions while trick-or-treating.

Driving Safely to Avoid Pedestrian Accidents

Driver negligence in residential areas on Halloween is far more likely to prove deadly. Take these steps to reduce the risk of being involved in an accident:

• Adhere to the rules of the road, including following the speed limit, coming to a full stop at stop signs, and more.
• Keep speeds low and remain hyper-aware of pedestrians.
• Slow down on residential streets. Traveling slowly will protect you and any trick-or-treaters who may surprise you.
• Watch for children walking in the road, dashing across the road, or on medians or curbs.
• Be cautious when pulling into or out of driveways, alleys, and parking lots.
• Keep young drivers off the road by giving your teens a lift to where they need to be.

Construction

Road construction is a necessary evil that keeps our roadways in good working condition. However, driving through road construction increases the risk of accidents.

The TxDOT understands that road construction presents complications, and the department has provided suggestions for helping drivers stay safe when traveling through work zones:

• Pay attention to the speed limit, which can change frequently. Remember that traffic fines double when workers are present.
• Pay attention to the construction workers and equipment all around you.
• Follow all posted road construction signs, including lane changes, speed reductions, lanes that narrow, uneven or bumpy roadways, and more.
• Look for and obey flaggers.
• Leave ample room between your vehicle and the vehicle in front of you.
• Avoid all distractions, including your smartphone.
• Plan your travel route ahead of time. If you can avoid road construction, do so.
• If you will be traveling through road construction, build extra time into your schedule.

If you’ve been injured by a driver acting negligently in a construction area, you can face serious injury and losses. Contact a Texas car accident attorney to protect your rights and help you get compensation for your losses.

Motorcycle Accidents

If you ride a motorcycle, you likely know the dangers inherent to the activity. Motorcycle accidents are among the deadliest on our highways.

The Texas Department of Transportation (TxDOT) shares the following grim statistics related to motorcycle accidents in the State of Texas:

• An average of one motorcyclist dies on Texas’s roads every day.
• In 2019 alone, 413 bikers were lost in fatal accidents, and another 1,812 were seriously injured in motorcycle crashes.
• More than 50 percent of all fatal motorcycle accidents are caused by crashes with other vehicles.

TxDOT shares that many of these accidents are the result of the other driver not seeing the motorcycle on the road, misjudging its distance, or underestimating its speed. When you are on your bike, your helmet is the only thing protecting you from the impact of an accident. Make safety your top priority every time you head out on your bike.

Why Are Motorcyclists So Vulnerable in Accidents?

When you are on your bike, there are many factors that leave you more vulnerable to being seriously injured in an accident than the occupants of other vehicles are:

• When you are on your bike, you take up less space on the road, which makes you more difficult to see and which makes it easier for you to get lost in another driver’s blind spot.
• Your bike’s smaller profile makes it difficult for other motorists to assess your speed and distance from them accurately.
• Your bike’s light weight and the fact that you are tethered to the road by only two wheels means you may lose contact with the road when you encounter road hazards.
• You have only your helmet and gear to protect you from the impact of an accident.
• Because your bike is lighter than cars, it requires less time and distance to come to a safe stop, leaving you vulnerable to rear-end accidents.

Regardless of your vulnerabilities when you are on your motorcycle, every motorist who shares the road with you owes you the same duty of care that they owe everyone else on the road, including being on the lookout for you and accommodating your safe passage by closely adhering to the rules of the road.

If you are injured in a motorcycle accident, despite your best efforts to stay safe, contact a Texas personal injury attorney for help.

How Drivers Can Keep Motorcyclists Safe?

TxDOT shares the following safety tips for driving around motorcycles:

• Look twice for motorcycles on the roadway – especially at intersections.
• Always use your turn indicator and check your blind spots before leaving your lane.
• Give motorcycles space on the road, and never tailgate a motorcycle.
• Allow motorcycles their own full lane.
• Obey all posted traffic signs and signals, including speed limits.
• Always assume that motorcycles are closer than they appear. Avoid turning in front of an oncoming motorcycle unless you are sure you have plenty of space.

Drivers owe a duty of care to every driver on the road, including motorcyclists. The fact that motorcycles are more difficult to see does not mitigate this responsibility.

How Can I Stay Safe when Riding My Motorcycle?

Always ride your motorcycle with safety in mind, and make being seen your top priority. Follow these tips to help other motorists in your midst see you and share the road with you safely.

• Proceed as If You Are Invisible
  Proceeding as if you are invisible while on your bike is the best safety practice you can employ – because the sad truth is that, to many drivers, you are. Let this fact guide your decisions.
• Avoid Blind Spots
  All enclosed vehicles have blind spots that obscure their drivers’ views. Never ride in another vehicle’s blind spot, and be especially wary of semis and other oversized vehicles.
• Always Use Your Lights
  Most motorcyclists keep their lights on even when traveling during the day. Using high beams during the day can help even more. If it helps other drivers see you, it is worth it.
• Wear a Piece of Bright, Reflective Clothing
  While your gear likely includes a good deal of black leather, always pop a piece of bright, reflective clothing on top. Reflective clothing can make a difference when it comes to being seen on the road.
• Always Wear Your Helmet and Safety Gear
  Legally, every rider under the age of 21 must wear a helmet when operating a motorcycle. If you are over 21, complete the necessary safety course, and carry the appropriate insurance, you are not required to wear a helmet. For your health insurance to rise to this level, you must have “MOTORCYCLE HEALTH” on your insurance card or carry a separate card that so indicates.
  While you may not be legally required to wear a motorcycle helmet when you ride in Texas, you are much safer when you do. According to the NHTSA, the statistics related to motorcycle accidents and helmets are staggering:
  The lives of 1,870 motorcyclists were saved by helmet usage in 2017.
  If all motorcyclists had been wearing helmets, another 750 lives could have been saved in 2017.
  When helmet laws include all riders, helmet usage increases, motorcyclist deaths and injuries decrease, and taxpayer dollars are saved.
  If you ride a motorcycle, you are always safest when you wear a helmet.
  Do not forget to wear other safety gear, such as long pants, protective footwear, a jacket, and gloves. There are a wide variety of garments that are specifically designed to help keep you safe when you ride your motorcycle.
• Follow the Rules of the Road
  Always adhere to the rules of the road, including the speed limit. Always use your blinkers (even if you think your intentions are obvious), and do not engage in illegal maneuvers that could make an accident more likely.
• Make Safe Choices
  Always position yourself where you are more likely to be seen on the road. Do not crowd other drivers, and make eye contact with other motorists before proceeding into an intersection. Generally, always remain on your best and safest behavior when you are on your bike, especially when changing lanes, assuming the right-of-way, and passing other vehicles.
• Keep Your Bike Well Maintained
  Like every other vehicle on the road, your bike must pass an annual safety inspection. Regular maintenance also helps ensure that your bike is always roadworthy and reduces the risk of an accident caused by mechanical failure.

Truck Accidents

Truck accidents are some of the deadliest and most terrifying accidents on our roads. While trucking is a big business, far too many trucking companies and truck drivers are not above cutting safety corners for profits, which makes truck accidents more likely.

If you are involved in a truck accident, our team of experienced Texas personal injury attorneys is standing by to help you recover from your damages, which will likely be extensive.

Why Are Semi-Trucks More Likely to Cause Accidents?

Certain factors make semis inherently more dangerous and make truck driver negligence more threatening.

• Truck drivers experience serious blind spots along every side of their rigs.
• Semis are immensely heavy and require far greater stopping distances than cars.
• Semi-trucks need additional room to change lanes and make turns.
• Improper loading can cause eighteen-wheelers to swerve, fishtail, or even flip.
• Big rigs’ high center of gravity makes them less stable and more likely to flip.

How Do Truckers and Trucking Companies Maintain Safety on the Road?

Many motorists assume that the trucking company itself is immune from liability when trucking accidents happen, but this could not be further from the truth. Trucking companies are responsible for taking the following actions to promote safety:

• Hiring safe drivers
• Performing regular vehicle maintenance and safety checks
• Enforcing driving schedules and hours of service restrictions
• Using responsible loading crews

Truck drivers are responsible for taking the following actions to promote safety:

• Getting enough rest
• Obeying the rules of the road
• Driving defensively
• Avoiding distractions
• Never driving impaired

What Is HB 19 and How Will It Affect My Claim?

In 2021, lawmakers passed HB 19, which complicates holding trucking companies responsible for accidents. The bill aims to limit excessive lawsuits that make running profitable trucking businesses more difficult, but it has also complicated the claims process for accident victims.

Due to this bill, there are now two phases to the trial process for truck accidents.

• In the first phase, only evidence related to improper truck maintenance or driver negligence can be introduced.
• In the second phase, evidence of improper training or supervision can be introduced – but only if the driver was found grossly negligent in the first phase.

Why Are Truck Accident Insurance Claims So Difficult?

Truck accidents are a bit different than most other traffic accidents for several reasons:

• Truck accidents are likely to involve more than one liable party, such as the trucker and the trucking company.
• Truck drivers and trucking companies are held to strict federal and state rules and regulations that can directly affect insurance claims.
• Truck accidents are extremely serious and often cause extensive damages that can be difficult to calculate.

These complications necessitate professional legal counsel. Contact a knowledgeable personal injury lawyer for guidance through the truck accident claim process.

School Bus Accidents

Many children in Texas rely on school buses to take them to and from school each school day. Because our Texas school buses are transporting precious cargo, every driver must prioritize keeping school buses safe. Transporting these kids back and forth is a significant responsibility, but accidents happen. If you or your child is involved in a school bus accident, our team of Texas accident attorneys is ready to help.

What Are the Laws for Driving Around School Buses?

Drivers are held to careful safety standards when a school bus is present:

• Reduce your speed: Always reduce your speed around school buses, as children may step into traffic unexpectedly.
• Pay attention at railroad crossings: School buses are required by law to stop at railroad crossings.
• Stop for flashing red lights: If a school bus’s flashing red lights are visible from the front or rear, you must stop before you reach the bus and remain stopped until the light is turned off or the bus driver motions you to proceed.

Why Don’t School Buses Have Seatbelts?

While school buses are designed for children’s safety, they generally do not have seatbelts. While seat belts are exceedingly important for protecting the occupants of most vehicles from injury, full-size school buses incorporate different kinds of protection:

• Weight of the bus: School buses are very heavy, and riders experience less crash force in the event of an accident.
• Compartmentalization: (including strong, close seats with energy-absorbing backs) protects children on buses without the need for seat belts. Smaller school buses are required to have a designated seat belt for every passenger.

How Can Kids Stay Safe at Bus Stops?

Children are at far greater risk of being injured when they are entering or leaving their bus than they are while riding in it. Teaching your child about bus stop safety can help.

• Children should enter and exit their bus safely, which means after it has come to a complete stop and after the bus driver has indicated it is safe to proceed.
• Children should exercise caution around the bus, which includes crossing well ahead of it and only after making eye contact with its driver.
• Children should follow the bus driver’s directions about where to wait and where to walk when exiting the bus.
• Children should be wary of traffic near their bus stop. Buses slow the flow of traffic, and not all motorists are as responsible and careful as they should be.

Delivery Truck Accidents

The online shopping boom means that we see far more delivery trucks in our neighborhoods. With delivery trucks come special safety concerns – especially on sleepy neighborhood streets where people generally feel safe. If you are involved in an accident with a delivery truck, you are likely facing extensive damage to your vehicle and potential injuries. Contact a Texas personal injury attorney for help recovering your losses.

Why Are Delivery Trucks More Likely to Cause Accidents?

Delivery trucks come with specific safety concerns:

• Making Sudden Stops: Delivery trucks stop frequently to make deliveries. However, delivery drivers are responsible for knowing their delivery routes, planning their stops ahead of time, and indicating to other motorists when they are preparing to make a stop.
• Making Sudden Left Turns: When delivery trucks make sudden left turns to shave time off their schedule, they endanger oncoming vehicles, vehicles approaching from behind, pedestrians, and cyclists.
• Reversing: When a delivery driver chooses to reverse to shave off time – without ensuring that it is safe – that driver endangers everyone in the vehicles approaching from behind.
• Failing to Use the Parking Brake: When a delivery driver fails to engage the parking brake when rushing to make a delivery, the chances of a dangerous accident greatly increase.

Rideshare Accidents

Accidents with Uber, Lyft, and other rideshare drivers tend to add additional complications to an already difficult insurance claims process. Texas rideshare accident lawyer and knowing what to do if you are injured in an Uber accident can protect your claim and ensure that you obtain the compensation you deserve.

Why Are Rideshare Drivers More Likely to Cause Accidents?

Being a rideshare driver adds unique challenges to the responsibility of driving safely:

• Rideshare Drivers Don’t Have Professional Training: Uber drivers make a living by driving, but they are not commercial drivers. As such, they bear the responsibility of commercial drivers, but they do not have special training, experience, skill, or licensure and are not held to the rules and regulations of commercial drivers.
• Rideshare Drivers Have More Distractions: Driving while distracted drastically increases the odds of a life-threatening accident. Driving for a rideshare service comes with distractions built into the process:
  • Uber drivers sometimes interact with the Uber app while navigating traffic.
  • Uber drivers must search out and find their fares using a small picture or destination provided on their Uber app.
  • Uber drivers make frequent stops and starts, often in unfamiliar areas.
• Rideshare Drivers Are More Likely to Be Drowsy Drivers: Rideshare drivers only get paid when they complete a fare. Many rideshare drivers can’t afford to slow down or are moonlighting after a full-time job. These factors mean that rideshare drivers are more likely to be overworked and drowsy.
  While Uber, Lyft, and other rideshare companies have implemented consecutive hour restrictions within their apps, the bar is very low. Further, many rideshare drivers drive for multiple companies, and no one can stop drivers who can no longer drive for one company from moving to another rideshare company’s app.

How Does Insurance Work in Rideshare Accidents?

If you have been injured in an Uber accident, you need to know whose insurance is at play, but the issue can prove fairly complicated. Consider the following scenarios:

• If you are injured while riding an Uber, Uber's insurance will cover your damages if the driver is at fault.
• If you are injured in an Uber accident when you are not in the Uber and the Uber driver has a fare or is on the way to pick up a fare, Uber's insurance will cover your losses.
• If you are injured in an Uber accident when the Uber driver has no passengers and is not en route to pick up anyone, the Uber driver's insurance will cover your losses after Uber's insurance ends.
• If an Uber driver leaves you injured in an accident but is not on the app at the time, your claim will proceed through the driver's personal insurance.

Bicycle Accidents

Biking has a lot going for it. You save gas, get a little exercise in, and enjoy the fresh air and beauty all around you. If you are hit by a motorist, however, all those benefits can be dashed. The physical, financial, and emotional losses you experience as a result of being injured in a bike accident can be difficult to take in and adequately process in the hours and early days following the crash.

Because recovering your full range of damages is likely critical to your ability to heal fully, working closely with an experienced Killeen personal injury attorney from the outset is in your best interest.

Why Are Cyclists So Vulnerable?

When you are on your bike, the immense size differential between you and the vehicles around you leaves you exceptionally vulnerable to the powerful impact of an accident. Bicyclists are vulnerable in all the following ways:

• You lack the metal shell that cars have, which means there is nothing to shield you from the direct impact of an accident.
• Your size makes it far easier to get lost in drivers’ blind spots and makes it more difficult to see you.
• When you ride in a bike lane, you are vulnerable to car doors being flung open and other dangers that motorists tend not to experience.
• Because you ride on only two wheels, you are less tethered to the ground and more susceptible to road hazards.
• In a bike accident, you are very likely to hit the ground and to be dragged across it, which can cause road rash (serious cuts, abrasions, and burns).

If you are involved in a bike accident, the consequences can be serious. An experienced Texas bike accident lawyer can help you navigate your case and receive adequate compensation.

What Are the Texas Bike Laws?

Texas has comprehensive laws that protect cyclists on the road. When you are on your bike, motorists are required to yield the right-of-way to you as applicable – just like to all other vehicles. Further, motorists are responsible for driving safely around you, which includes allowing adequate space.

However, there are also laws and responsibilities that apply to cyclists. When you take to the road on your bike in Texas, you are responsible for following all the rules of the road:

• Obey all posted signs, warnings, lights, and signals.
• Proceed with caution and observe the duty of care you owe others on the road.
• Ride as near to the right curb as it is safe to do so and travel in the same direction. If you must take a lane of traffic for safety, however, the law affords you the right.
• Keep at least one hand on your handlebars at all times.
• Use standard hand and arm signals.
• Do not ride your bike with more than one person per saddle. The only exception is when you have a child safely strapped into an appropriate child seat.
• You may only ride two abreast if traffic is not impeded.
• You must have a white light on the front of your bike and either a red reflector or a red light at the back of your bike.
• You must have front brakes with a strong enough grip to make the front wheel skid.

How Can I Stay Safe While Riding My Bike?

The following guidelines are not laws in Texas, but following them will help keep you safe when riding:

• Always Wear a Protective Helmet: While there is no statewide law requiring protective bike helmets in Texas, wearing a helmet is the safest option. When you are on your bike, only your helmet comes between you and the impact of an accident. Wear a helmet whenever you ride your bike.
• Use Bike Lanes Whenever They Are Available: If there is a bike lane on your route, use it. If your route has no bike lane but an alternate route does, choose the alternate route. Bike lanes keep you out of traffic’s flow and offer a safer alternative to mixing directly with traffic.
• Wear Highly Visible Clothing: When you are on your bike, you have a smaller profile than other vehicles, and motorists may fail to see you. Wearing bright, reflective clothing helps motorists recognize you.
• Remain Aware of Your Surroundings: The better you know the area you are cycling in, the safer you will be, especially in highly trafficked areas. Familiarizing yourself with the safest route from point A to point B can go a long way toward helping you arrive alive.

Multi-Vehicle Accidents

If you have been injured in a car accident involving more than two vehicles, it complicates an already difficult situation. Establishing fault can be challenging, and more than one of the other drivers involved may be deemed responsible for the damages you suffer.

Additionally, multi-car accidents have the potential to be more dangerous, which means that your total losses can be higher.

What Causes Multi-Vehicle Accidents?

Pileups and other multi-vehicle accidents are often predicated on slow reaction times. When motorists face a driving challenge ahead and collectively fail to respond quickly enough, it often causes pileups. Multi-car accidents are most common in these scenarios:

• Failing to Anticipate Road Hazards: Often, pileups are caused by the negligence of a forward driver driving too fast to react safely to a hazard. If this driver spins out or crashes, it can make it nearly impossible for those drivers who follow to react safely. However, if a rear driver fails to leave adequate following distance, he or she can share fault in the pileup.
• Failing to Respond to Stopped Traffic: If you stop safely behind another stopped motorist, the motorist behind you may not be as conscientious and could slam into you as a result. If this impact forces you into the car in front of you, you have a multi-vehicle accident on your hands. The rear driver is generally responsible.
• Not Paying Attention at Intersections: Multi-car accidents often happen in intersections, where traffic moving in all directions converges, and more than one driver can share fault. If a speeding motorist plows through a red light and drives directly into the side of your vehicle, that driver is clearly at fault for the T-bone accident that leaves you injured. However, if a distracted driver fails to recognize the accident in the intersection and makes the accident a multi-car affair, that driver will also share a percentage of fault for your damages.

Will I Have to Deal with Multiple Insurance Companies After a Multi-Car Accident?

Multi-car accidents mean you may be dealing with more than one insurance provider, which makes an already arduous process more difficult. Having the professional legal counsel of an experienced Texas car accident attorney on your side can prove invaluable.

Other Common Types of Accidents

Consider these common types of accidents that you may encounter when driving in Texas.

Small-Scale Accidents

Just because your car accident was minor does not mean that it was not overwhelming or that it did not cause injury. A minor car accident often leads to major effort – you must obtain a police report, schedule repairs, and file the appropriate insurance claim.

If you have been involved in a fender bender caused by another driver’s negligence, you may be inclined to forego medical attention because the accident was minor. However, a minor car accident can cause significant physical injuries.

Injuries common to small accidents – including soft tissue injuries and spinal cord injuries – often go undetected until they progress into serious health issues that are more difficult to treat effectively. Early diagnosis is closely associated with improved prognosis. If you have been involved in a minor car accident, seek the opinion of a medical professional to help rule out the possibility of a physical injury.

If you have been involved in a minor car accident caused by another driver’s negligence, working closely with a knowledgeable Central Texas personal injury attorney will help ensure that you are compensated appropriately for any physical injuries you sustain and for any property damage to your vehicle.

Hit-and-Run Accidents

Knowing what to do after a hit-and-run can protect both your health and your car accident claim.

Legal Implications of a Hit-and-Run

When a driver leaves the scene of an accident, that driver breaks the law and makes it more difficult for accident victims to obtain the compensation they need and deserve.

Texas takes a serious stance on hit-and-run drivers, especially when they leave injury or serious property damage in their wake. A hit-and-run driver can be charged with anything from a misdemeanor to a felony, depending on how serious the damages and injuries are.

Why Do Drivers Hit and Run?

Negligent drivers often leave the scene to avoid facing the consequences of their bad choices. Typically, hit-and-run drivers are attempting to hide the fact that they were engaged in dangerous driving practices or should not have been driving.

What to Do If You Are Injured in a Hit-and-Run Accident

If another driver’s negligence leaves you injured and he or she doesn’t bother to stop, this is what you must do:

• Remember everything about the driver and his or her vehicle that you can.
• Pull as far out of the line of traffic as possible.
• Call 911.
• If anyone else is injured and you are able to render aid, do so.
• Let the police know everything you remember about the hit-and-run motorist.
• Take statements from eyewitnesses at the scene.

Motorists who fail to do what is right – and required – after causing an accident make it more difficult for those they injure to recover on their full range of physical, financial, and emotional damages, but recovery isn’t impossible. An experienced Texas personal injury attorney can help you get compensation and reach your fullest possible recovery.

Pedestrian Accidents

Pedestrian accidents are often the result of drivers who do not take the duty of care they owe pedestrians seriously enough, who do not carefully adhere to the rules of the road, or who engage in other forms of driver negligence.

How Can I Stay Safe as a Pedestrian?

When you are on foot, you have nothing to protect you from the impact of an accident, leaving you at a distinct safety disadvantage. Adhering to these safety rules can help you stay safe:

• Use pedestrian walkways and overpasses whenever they are available.
• Always cross at a crosswalk with pedestrian signals when possible.
• Cross the street in a group whenever possible.
• Wear a brightly colored piece of outer clothing when you walk during the day.
• If you must walk at night, wear a piece of reflective outer clothing and carry a flashlight.
• Wear comfortable, well-fitting, and sensible walking shoes.
• Follow all pedestrian laws, including posted signs, lights, warnings, and signals.
• Even if it is your turn to cross, do not proceed until it is safe. If you get the sense that an oncoming driver is not going to stop (or is not slowing down appropriately), put your safety first and make sure before proceeding.
• Do not be a distracted pedestrian. Put your phone and headphones away.
• If there is no sidewalk and you must walk on the road, always face traffic and stay as far to the outside edge of the shoulder as possible.

Who Is at Fault in a Pedestrian Accident?

Motorists owe pedestrians a serious duty of care due to the danger they pose to them in pedestrian accidents. While motorists are generally responsible for pedestrian accidents, pedestrians can carry blame.

Many people mistakenly believe that pedestrians always have the right-of-way. While it is true that pedestrians should always be afforded utmost caution, pedestrians do not always have the right-of-way.

Fault in pedestrian accidents hangs on right-of-way. When someone on foot darts out between cars – seemingly out of nowhere – when they do not have the right-of-way, oncoming motorists may have no way to avoid an accident. Pedestrians are always responsible for following the rules of the road.

Pedestrians do not have the right-of-way in these situations:

• When a sidewalk is available, you cannot walk on the roadway.
• At crosswalks with pedestrian signals, you must wait until the signal allows you to cross (even when no traffic is approaching). As soon as the signal changes and tells you to wait or stop crossing, you must swiftly make your way to the other side of the road or to a safety island.
• If you must walk on a Texas highway, you must always yield the right-of-way to motorists.

Pedestrians always have the right-of-way in these situations:

• When a motorist is entering or about to cross a road from an alley, building, private road, or driveway, approaching pedestrians have the right-of-way.
• Pedestrians following pedestrian signals in crosswalks always have the right-of-way.
• Pedestrians crossing the street at a marked or unmarked crosswalk have the right-of-way if they are approaching or on your half of the road.

What Happens If I Am Injured in a Pedestrian Accident?

The law recognizes that we all make mistakes, but we must also all take responsibility for the consequences of those mistakes. This premise is the foundation of personal injury law. Generally, this responsibility involves monetary compensation for the damages inflicted. When an accident involves a pedestrian, the damages are often considerable.

If you are involved in a pedestrian accident, either as a motorist or a pedestrian, your best course of action is to contact a personal injury attorney right away. He or she will fight for your rights, help you make a full recovery, and protect your financial interests.

Electric Scooter Accidents

In some ways, electric scooters combine the safety disadvantages of being on foot (because scooter riders have no more means of bodily protection than pedestrians do) with the disadvantages of being on a bike (because scooter riders often move in and with traffic). If you opt for scooter travel, proceed with caution. If you are injured in a scooter accident, contact a Killeen personal injury attorney as soon as possible.

What Are the Benefits of Electric Scooters?

Electric scooters do have much to recommend them, including:

• They are environmentally friendly.
• They are relatively inexpensive to rent.
• They are extremely convenient to use.
• They have a carefree feel that is reminiscent of childhood.
• They are a relatively speedy way to get around the city.

People are taking to scooters in droves for all of these reasons and more.

What Are the Most Common Electric Scooter Accident Injuries?

Electric scooters can travel at about 15 miles per hour. Although this speed may not seem especially dangerous, if you are thrown from a scooter at 15 mph, you are likely to face significant injuries. Common scooter accident injuries include:

• Traumatic brain injuries (TBIs)
• spinal cord injuries
• Broken bones

How Can I Stay Safe on Electric Scooters?

There are a variety of safety recommendations that can keep you safe when you’re riding an electric scooter:

• Wear a helmet to protect yourself from head injuries.
• Do not ride in tandem, which increases distractions and makes it difficult to balance.
• If you are wearing heels, switch into flats.

Duty of Care

To begin, the other driver must have owed you a duty of care. Every motorist owes everyone else on the road a duty of care that includes following the rules, regulations, and restrictions that apply to a driving situation. Drivers must drive distraction-free, yield the right-of-way as required, and proceed with caution generally.

Duty Breached

The next element of your claim is that the at-fault driver must have breached the duty of care owed to you. If he or she engaged in any of the following risky driving behaviors, the driver breached the duty of care owed to you:

• Driving faster than the posted speed limit or too fast for the road’s condition
• Failing to adhere to posted traffic lights, signs, or signals
• Failing to yield the right-of-way
• Becoming distracted by anything other than driving safely
• Engaging in aggressive driving practices

For example, if a speeding motorist whose nose was in his or her phone slammed into you at a stop sign, it is fairly clear that the duty of care owed to you was breached.

Direct Cause

The at-fault driver’s negligence must have been the direct cause of the injury-causing accident. If a distracted driver slammed into you while you were stopped at a stop sign, the distracted driver’s negligence directly caused the ensuing accident.

Legal Damages

The accident must have caused you to suffer legal damages (or losses) that you can address in a car accident claim. Legal damages break down into losses in these categories:

• Property damage to your vehicle
• Medical expenses
• Lost wages
• Pain and suffering

Your Property Damage

The damage to your car and its contents has a verifiable price attached. You should be compensated for your losses in this category.

Your Medical Bills

You will have medical costs related to your care in the immediate aftermath of the car accident and any ongoing care related to your car accident. The following medical expenses commonly apply to injuries arising from car accidents:

• Emergency medical care at the accident and transportation to a medical facility
• Surgery and follow-up care
• Hospital stays and services
• Medical tests, procedures, and treatments
• Care from doctors and medical specialists
• Physical therapy and occupational therapy
• Pain management
• Rehabilitation
• Adaptive physical devices and home modifications
• Home health care
• Prescription medications

Your healthcare costs should be well represented in your car accident claim to ensure your best opportunity to recover fully.

Your Lost Wages

If you have been injured because of another driver’s negligence, it can mean lost hours on the job, which translates to lost income. The matter becomes more serious if your ability to do your job, your ability to advance your career, or your earning potential are negatively affected.

Losses of this nature can also lead to emotional pain and suffering based on how closely we associate our identities with our careers.

Your Physical and Emotional Pain and Suffering

Pain and sufferingrefers to the physical and emotional pain and suffering you endure as a result of being harmed by someone else’s negligence. Pain and suffering can include these losses:

• The physical pain of your injuries
• The psychic pain of coping with the violent accident
• The mental anguish associated with the difficult path forward toward healing
• The emotional injuries you sustain
• Low mood or mood swings
• Increased anxiety or anxiety attacks
• Terrifying accident flashbacks
• A tendency to self-isolate and push one’s support system away
• Difficulty concentrating or processing information
• Sleep disturbances, nightmares, and night terrors
• Fear of getting back behind the wheel
• Loss of appetite
• A general decrease in engagement and/or enjoyment of life
• Increased irritability

The physical and emotional pain and suffering you endure as a result of another driver’s negligence can be immense – even though it is more difficult to equate with a price tag. Effectively addressing your pain and suffering is critical to your overall recovery, and your compassionate Texas personal injury attorney will help protect your pain and suffering claim.

One of the harshest emotional effects of a serious car accident is that these symptoms can build a wall between yourself and the friends, family members, and loved ones who make up your support system – just when you could use their support the most.

Does My Claim Qualify for Damages Related to Pain and Suffering?

The following kinds of factors help to determine if your claim is eligible for compensation related to pain and suffering:

• The time it takes you to recover (the longer your recovery, the more your claim qualifies)
• The injuries you experience and the level of pain commonly associated with them
• Whether you sustained permanent injuries, such as a disability
• Whether your ability to participate in daily activities has been affected
• Whether your injuries stop you from returning to your career or activities you enjoy
• The emotional toll the accident has on you, including stress, anxiety, fear, or depression

How Can I Prove Pain and Suffering in My Car Accident Case?

Proving your pain and suffering is more complicated than proving your lost earnings or medical bills, but it is not any less important. When you attempt to demonstrate the depth of your pain and suffering, consider using these kinds of evidence:

• Professional notes from your doctor, therapist, and other medical professionals
• Medical evidence from your doctor appointments, such as X-rays and medical tests
• The expert opinion of a medical professional with experience treating injuries like yours
• Your written recollections of how the accident happened (and your feelings and experiences at the time)
• Notes from your diary, including memories and thoughts about your pain and suffering
• Testimony from your support system
• Testimony from neutral witnesses and acquaintances

A skilled personal injury attorney will help identify, collect, and present evidence for your claim.

How Are Pain and Suffering Damages Calculated?

Texas has no set method for calculating the cost of an accident victim’s pain and suffering, but the multiplier method is often used. In this method, the total value of your economic damages is multiplied by a number from 1.5 to 5 based on the severity of the accident and the degree of pain and suffering you endured.

Punitive Damages

Punitive damages are intended to punish the party at fault for your losses. Traffic accidents are generally caused by driver negligence, which means that punitive damages are rare. However, punitive damages may apply if the driver who leaves you injured acted recklessly, willfully, or without concern for your well-being.