Are Workers’ Compensation Settlements Taxable in Texas?

Tuesday, March 24, 2020

Obtaining a workers’ compensation settlement can be a time of relief and excitement as an injured employee in Texas. With the money you need to pay off your medical bills and replace lost income finally in your account, you and your family may have peace of mind as you look toward the future. Come tax time, however, you may encounter another issue – determining whether your workers’ compensation settlement is taxable.

In General, Workers’ Comp Settlements Are Not Taxable

For the most part, you will not have to list workers’ compensation settlement money as income when filing your taxes. You will typically not have to pay taxes on a workers’ compensation settlement at the state or federal level in Texas. Texas law does not deem compensatory damages awarded for bodily injuries – including workers’ compensation settlements – as taxable income, with a few exceptions.
When an insurance company gives an employee compensation for an occupational injury or illness under Texas’ workers’ compensation statute, the amount received is nontaxable. The same is true for a surviving family member who receives workers’ compensation benefits for the death of a loved one on the job. Workers’ compensation settlements are also tax-exempt under federal law.

Exceptions to the Rule

If you also qualify for Social Security benefits, however, such as supplemental income or disability compensation, you may have to pay taxes on a portion of your workers’ comp settlement. The government will reduce your benefits from the Social Security system. The difference your workers’ compensation check creates will be taxable. The taxable amount is typically small, however.
You may have to pay taxes if you add half of your Social Security benefits to your other income and the amount comes to more than $25,000 for a single tax filer, $32,000 for a married tax filer or $0 for a couple that is married filing separately who lived together during the year. In these situations, the federal government will require you to pay taxes on the full amount of your Social Security income, even if your workers’ compensation settlement reduced your benefits.

Parts of a Personal Injury Settlement Are Taxable

Texas is the only state that does not have a law requiring workers’ compensation insurance. If you resolve your workplace injury claim through another outlet, such as a civil lawsuit, you may have to pay federal taxes on part of the award received. In general, you will have to pay taxes on any portion of your settlement or jury verdict given as punitive damages, but not bodily injuries or physical sickness compensation.
Any financial recovery you obtain for medical bills is nontaxable unless you deducted what you spent in medical care in the previous year. You cannot list medical payments as a deduction one year and then keep 100% of the money won in a settlement without paying taxes on it in another year. Any money you receive for pain and suffering will also be nontaxable as long as you also recover compensation for physical injuries. A settlement for emotional distress only will be subject to taxation under federal law. A personal injury lawyer can help you structure the settlement or verdict received through a civil lawsuit in a way that minimizes your tax responsibility.

How a Lawyer Can Help

The information here is not legal advice. Each injured worker’s situation is unique. It is critical to contact a Texas workers’ compensation attorney who can give you legal advice as to the taxation of your settlement award. Otherwise, you could end up keeping money you lawfully owe the Internal Revenue Service (IRS). Getting into debt with the IRS could lead to serious penalties such as late fees, fines and even tax fraud charges. Work with a lawyer during your workers’ compensation claim from the beginning to make sure you obey relevant tax laws and understand which portion of your settlement might be taxable.

Posted by Aaron Herbert at 11:03 am

Is a Bystander Claim Derivative in Texas?

Thursday, March 19, 2020

Victims with physical injuries from an accident are not the only parties eligible to bring claims to damages in Texas. Texas also recognizes the mental anguish and emotional suffering a victim’s family members and loved ones go through – especially those who witnessed the traumatic accident firsthand. State law enables people negatively impacted by a family member’s accident to file what the courts call bystander claims.
Bystander claims are free-standing torts in Texas, meaning the plaintiff can bring a bystander claim separately from a victim’s direct civil action. Bystander claims are derivative in Texas, however, meaning the outcome of a related personal injury or wrongful death case will affect the outcome of the bystander claim.

What Is a Derivative Claim?

A derivative claim is very different from a direct claim. While a direct claim focuses on the legal rights of the individual directly injured, a derivative claim serves the interests of someone other than the victim. A wrongful death lawsuit is technically derivative, for example, since the plaintiff is not the actual victim of the accident in question. Bystander claims in Texas are also derivative.
The outcome of a direct claim will foretell how the courts will rule on a derivative claim, in general. If the direct claim finds the defendant not liable for the victim’s injuries, for example, the derivative claim will most likely fail as well. The courts will not find the same defendant not liable for the direct injury but liable for derivative emotional harm. Likewise, a positive verdict for a direct claim could portend a successful derivative claim, as long as the plaintiff has all the other necessary elements.

When Can Someone File a Bystander Claim?

It is not always possible to file a bystander claim after a harmful accident. In Texas, the plaintiff must be a close relative of the party directly involved in the accident. The courts restrict the right to recover to only the victim’s spouse, parents, grandparents, siblings and children. It is not a requirement that the plaintiff must live with the victim at the time of the accident. The claimant must also meet certain standards of proof to obtain compensation.

The plaintiff witnessed the accident or was nearby when it happened. The plaintiff must have seen the accident or been at the scene to qualify for damages, with a few exceptions. It typically will not be possible to seek damages for finding out about a loved one’s injury or death through someone else or over the phone.
The plaintiff suffered an unexpected, extreme and immediate shock. In general, the courts require the plaintiff to prove that witnessing the accident (or, in some cases, discovering the injured or killed loved one) was unexpected and an extreme shock. In other words, the plaintiff may not be eligible if he or she found out about the accident and purposefully drove to the scene.
The plaintiff can prove specific mental and emotional trauma. The person filing the claim must have proof of specific damages due to the incident, such as mental anguish or emotional distress. Common damages claimed in bystander lawsuits are post-traumatic stress disorder, nightmares, extreme anxiety, depression, insomnia and suicidal thoughts. The plaintiff might also have economic damages, such as lost wages from having to take mental health leave from work.

Proof during a bystander claim in Texas often comes in the form of testimony from relatives and friends who have seen firsthand how the accident impacted or traumatized the plaintiff. The plaintiff may also hire mental health experts to testify as to how an accident such as the one in question would reasonably affect an eyewitness or loved one in the same situation. An injury attorney can help with a bystander claim at the same time or separate from a personal injury or wrongful death claim in Texas.

Posted by Aaron Herbert at 11:44 am

What is a Common Carrier Accident?

Tuesday, March 17, 2020

A common carrier is a special type of vehicle. It is a vehicle people use for commercial or work purposes, such as carrying paying passengers or transporting cargo for businesses. In Texas, thousands of common carriers fill the roads every day. Common carriers must obey unique rules, regulations and responsibilities that typical motor vehicles do not. If you get into an accident with a common carrier, the claims process will look different. Work with a Dallas personal injury attorney for legal advice about these complex types of claims.

Examples of Common Carriers

Common carriers refer to vehicles that transport goods or people for business purposes. Common carrier enterprises include trucking companies, taxi companies, airlines and railroads. It typically costs money to use or employ a common carrier unless the vehicle offers its services to the general public for free. Recognizing common carriers can help you understand whether your recent car accident involves related laws in Texas.

Commercial truck
Taxicab
Limousine
School bus
Public or private bus
Tour bus
Airport or hotel shuttle
Rideshare vehicle
Light rail vehicle
Mail delivery vehicle
Utility truck
Waste removal truck
Oil and gas pipeline operators

A common carrier accident refers to a traffic collision with any common carrier or commercial vehicle in Texas. If you discover the other driver in your accident was operating the motor vehicle for occupational purposes, you might have collided with a common carrier. In this case, the claims process will have rules and steps you would not have encountered with a typical auto accident. Contact a lawyer if you need assistance bringing a claim against a common carrier in Dallas.

Who Is Responsible for a Common Carrier Accident?

The duty of care to prevent collisions is higher for common carriers than standard drivers in Texas. Common carriers have a duty to exercise a high degree of care in preventing foreseeable risks and accidents. Carriers must use the level of care a prudent, cautious and reasonable party would under similar circumstances. Failure to do so is negligence. If you get into an accident with a common carrier you suspect is guilty of negligence, that party may owe you financial compensation for your damages.
One of the main differences between a typical car accident case and a common carrier accident is the doctrine of vicarious liability. Vicarious liability holds parties such as employers, companies and parents accountable for the actions of those under their jurisdiction. After a crash with a common carrier, the company could be vicariously liable for the actions or negligence of its drivers or employees. Bringing a claim against a company instead of an individual may take help from an attorney; otherwise, the company’s aggressive legal team might take advantage of you.

How to Handle a Common Carrier Accident in Dallas

Determining liability, collecting evidence, building a claim and negotiating a resolution with an insurance provider after a common carrier accident can become easier after you hire an attorney. A common carrier accident lawyer in Dallas could help you learn and defend your rights. A lawyer can investigate your crash for signs of negligence by the company, such as improperly trained drivers or ignored vehicle maintenance needs. If the common carrier broke a federal or state law or one of its staff members was negligent, the company may owe you compensation for your losses.

Vehicle repairs
Totaled vehicle replacement
Past and future medical expenses
Lost wages
Legal expenses
Pain and suffering

You will generally have two years from the date of your common carrier accident to bring a cause of action, according to Texas’ statute of limitations. Do not wait to speak to an attorney, however, because if the common carrier is a government entity such as a school district, you will only have 180 days from the accident to file a claim. Contact an attorney in Dallas as soon as possible about your rights and legal options as the victim of a collision with a common carrier. You may be eligible for compensation.

Posted by Aaron Herbert at 12:06 pm

Hit and Run Laws In Texas

Monday, March 16, 2020

If a driver leaves the scene of an auto accident without stopping and fulfilling his or her legal obligations, it is the crime of hit-and-run. Hit-and-run laws in Texas are serious, penalizing perpetrators with consequences such as hefty fines and potential jail or prison time.

As a driver, it is important to know hit-and-run laws in Texas to stay out of legal trouble. Texas hit and run laws can be vast and hard to read and sometimes a car accident lawyer is the right personal to call. A Texas car accident lawyer can also help you understand your rights if you become the victim of a hit-and-run accident.

What Is a Hit-and-Run?

Motor vehicle drivers have dozens of responsibilities they accept when they get behind the wheel. One of these duties in Texas is to stop at the scene of any accidents. State law requires you to pull over immediately after getting into a car accident, whether the vehicle you struck is occupied or unoccupied. You must park as close as you safely can to the scene of the collision and check for injuries. State law requires you to do your best to assist anyone with injuries, such as by calling the police or offering the victim a ride to the nearest hospital.

If the car accident involves a personal injury, fatality, broken roadway law (e.g. a drunk driver), uninsured driver, property damage above $1,000 or a hit-and-run, call the police to report the crash from the scene. Note the location of the crash, the names of those at the scene and the contact information of any witnesses. Obtain the other driver’s insurance information if he or she stayed at the scene. Always call the police after a hit-and-run so they can inspect the crash scene for evidence that could identify the at-fault driver. Failing to stop at the scene of a wreck and fulfill your driver’s duties is a hit-and-run crime.

What Are the Legal Responsibilities After a Car Accident?

According to Texas Revised Statutes Section 550.021, if a driver is in an accident involving personal injury or death – or a crash that is reasonably likely to result in injury or death – he or she has several legal responsibilities. Ignoring these responsibilities and fleeing the scene is dangerous, as it means injured victims may not receive the professional medical care they need. The legal responsibilities after a car accident in Texas are:

Immediately pull the vehicle over as close to the accident scene as possible.
Immediately return to the scene if you did not stop.
Determine if anyone involved in the accident requires aid.
Render reasonable assistance to anyone injured.
Exchange information with the other driver.
Call the police if the crash involves injuries, deaths or more than $1,000 in damage.
Remain at the scene of the car accident until you have given your information and rendered aid.

If the car accident involved striking an unattended vehicle, the legal responsibilities are to locate the owner or leave a note in a conspicuous place with your name and address. If the collision was with a fixture or highway landscaping, you must take reasonable steps to report the accident to a person of authority. If the damage is worth more than $1,000, you must also file a police report.

Failure to fulfill these legal responsibilities after a car crash in Texas is a hit-and-run.

Can You Deny a Hit-and-Run?

The biggest issue with hit-and-run accidents is identifying the driver that caused the damages. The responding police officers may take steps to try to identify the driver that fled the scene, such as examining any debris or paint chips the offending vehicle left behind or talking to eyewitnesses. Sometimes, however, the police make mistakes. Upon reviewing surveillance cameras, monitoring the neighborhood and taking other steps to identify the hit-and-run driver, the police may apprehend the wrong suspect.

If the police wrongfully accuse you of committing a hit-and-run, you have the right to deny the charges and plead not guilty. With a lack of evidence against you, the prosecution may have no choice but to drop the charges. If the prosecution has evidence putting you at the scene of the crime, however, the criminal courts may proceed with the case and even find you guilty, depending on the circumstances.

Hit-and-run is a crime in Texas, not just a civil wrongdoing. A conviction can come with serious criminal consequences. Always remain at the scene of an auto accident to avoid criminal charges.

What are Texas Hit-and-Run Laws Penalties?

What are Texas hit-and-run laws penalties? Causing a car accident and driving away without stopping can have criminal and civil ramifications. On the criminal level, leaving the scene of an accident can result in a misdemeanor or felony conviction. The severity of the crime will depend on the seriousness of the injuries or damages caused. It could be a felony if the hit-and-run causes serious bodily injury or death. The penalties for hit-and-run in Texas include six months in county jail to 10 years in state prison and/or fines of $500 to $5,000 or more.

The civil consequences could include having to pay for a victim’s damages in restitution, either through the at-fault driver’s auto insurance company or out of pocket. If you are the victim of a hit-and-run accident in Texas, you could be eligible for compensation if the police find who caused your crash. If the police do not catch the perpetrator, you may still be able to obtain compensation through your own uninsured/underinsured motorist insurance, if available.

What Should I Do If Someone Hit Me and Fled the Scene?

If someone hit you in Dallas, Texas and fled the scene without stopping, rendering aid and exchanging information, there are certain steps you need to take to ensure the full protection of your legal rights. Your car accident case will look different from a standard crash, where you would have the other driver’s information.

If you are able, take the following steps to protect your rights as the victim of a hit-and-run accident:

Get to a safe place. Move out of the road, if you can, and find a safe place to pull over and wait.
Check for injuries. Determine whether you or others involved have any injuries.
Call 911. Use a cell phone to call the police and report the hit-and-run accident.
Request an ambulance. If anyone is injured, ask the police to send paramedics.
Talk to eyewitnesses. Eyewitnesses may have details about the driver that fled the scene.
Write down what you remember. While the memory is still fresh, write down a description of the other car or license plate numbers, if you have them.
Take photographs. Capture pictures of the crash scene, if possible.
Go to a hospital. Go to the nearest hospital in Dallas for professional medical care.
File an insurance claim. Call your own auto insurance company to file an initial claim.
Contact a car accident lawyer in Dallas. Before you settle with your insurer, consult with an attorney for advice.

A hit-and-run accident attorney in Dallas can guide you through the claims process to make sure you do not settle for less than your case is worth. Your lawyer can search for sources of financial compensation, including your own insurance provider or a third party, such as the government. From there, your lawyer can negotiate with a claims adjuster for fair and full compensation for the full extent of your losses.

If a settlement is not possible, your lawyer can take your hit-and-run accident case to court instead.

Contact a Hit and Run Lawyer Today

A hit-and-run car accident will lead to a confusing legal process. An experienced hit-and-run lawyer can make things easier for you and your family by taking over a legal claim on your behalf. You do not have to handle a lawsuit on your own. Contact a Dallas injury lawyer for more information about your case.

Posted by Aaron Herbert at 1:57 pm

Who’s At Fault in a T-Bone Accident?

Thursday, March 12, 2020

Who’s At Fault in a T-Bone Accident?
T-bone accidents, also called broadside and side-impact collisions, can easily be catastrophic. Vehicle drivers and passengers can sustain serious and life-threatening injuries in T-bone accidents. Texas is a tort-based insurance state, making it necessary to identify the at-fault party before you can obtain compensation for a T-bone accident. You might need a Dallas personal injury lawyer’s assistance in determining fault after this type of auto accident.

What Type of Injury Is Commonly Associated With T-Bone Accidents?

A T-bone accident happens when one vehicle collides with the broadside of another, forming the shape of a T. Side-impact crashes can cause many serious injuries to all parts of the body. One of the most common injuries is whiplash. Whiplash is a soft-tissue injury of the neck that may involve a muscle strain or sprain. Whiplash is common in T-bone accidents due to the sudden jerking of the head and neck one way and then another. This jerking motion could be enough to strain or tear the tendons and ligaments of the neck. A T-bone accident could cause many different personal injuries.

Cuts or lacerations from shattered glass
Chemical rash from airbag deployment
Back and spinal cord injuries
Nerve injuries
Internal organ damage
Burn injuries
Head and skull injuries
Traumatic brain damage
Broken bones
Crush-related injuries

A devastating T-bone accident could also cause emotional injuries, including mental anguish, anxiety, nightmares and psychological trauma. Victims with injuries from side-impact crashes in Texas may be eligible to recover financial compensation for their losses and damages. This could include compensation for medical bills, lost earnings, pain and suffering, and vehicle repairs. To obtain compensation, however, victims will need to determine and prove fault under Texas’ tort-based insurance system. This will take identifying the at-fault party.

How Do T-Bone Accidents Happen?

T-bone accidents in Texas occur most often when one or more drivers break the rules at intersections. Intersections are dangerous areas where it is imperative for all drivers to follow applicable traffic laws, including traffic signals and rights-of-way. If a driver breaks a rule at an intersection, it could place his or her vehicle in a dangerous position – such as directly in the path of an oncoming vehicle.

Turning left in front of an oncoming vehicle
Turning without the right-of-way
Running a red light
Rolling through a stop sign
Speeding
Driving drunk or drugged
Driving distracted
Texting while driving
Making an unsafe or illegal U-turn

Most T-bone accidents stem from driver error. Some, however, relate to dangerously designed roadways and intersections. If a city planner did a poor job of designing a reasonably safe intersection and this contributed to a side-impact accident, the government could be responsible for paying victims’ damages. The law gives you the right to file a lawsuit if someone else caused your T-bone accident. Even if you partially contributed to the crash, you could still be eligible for compensation under Texas’ comparative negligence law.

Should You Hire an Attorney?

Litigating a T-bone accident claim can be difficult. The other driver might refute fault or his or her insurer might deny your claim to damages. The defendant may also allege your comparative negligence in causing the collision. The most effective way to combat insurance bad faith practices and prove another party’s fault for your broadside accident is by hiring a lawyer to represent you during negotiations.
Consult with a lawyer about your rights as soon as possible as the victim of a T-bone collision. You do not have an unlimited amount of time to bring a claim. Texas’ statute of limitations gives you no more than two years to file a lawsuit for your injuries. If you miss this deadline, your lawyer will most likely be unable to convince the courts to hear your case. The defendant could use the missed deadline against you to make your claim invalid. Contact an attorney right away after a T-bone accident in Texas.

Posted by Aaron Herbert at 1:29 pm

What Are Common Causes of Scaffolding Accidents?

Wednesday, March 11, 2020

Scaffolds are common settings for serious and deadly accidents in the construction industry. Although scaffolding is necessary at many construction sites, it can prove highly dangerous for workers and bystanders. In 2017, falls were the leading cause of construction worker fatal injuries, according to the Occupation Safety and Health Administration (OSHA). The third most frequently cited OSHA standard violated in 2017 was scaffolding that failed to meet general requirements. Learning the most common causes of scaffolding accidents could help you prevent these tragedies.

What Are Common Causes of Scaffolding Accidents? 6

What Are the Main Causes of Deaths and Injuries on Scaffolds?

Scaffolds are necessary to allow construction workers to reach upper levels of buildings, store tools and materials, and have a stable working surface. It is up to the construction team to construct reasonably safe and stable scaffolds. The employer must train workers in putting together scaffolding and scaffolds according to OSHA’s regulations and industry best practices. Human error is the leading cause of scaffold-related deaths and injuries.

Poor scaffold or scaffolding construction. Unsafe scaffolds in their structure could lead to collapses, falls, falling materials and many other disasters. Workers have an obligation to obey all related OSHA laws and industry regulations during the construction of scaffolds. Failure to do so could lead to tragedy.
Careless or negligent workers. Overloaded scaffolds, unsafe scaffolding construction, failures at attachment points and other mistakes by employees contribute to many preventable scaffold accidents. All workers must do their parts to maintain reasonably safe scaffolding.
Falling objects, tools and debris. Improper securement of objects on a scaffold causes many injuries and deaths. Objects falling and striking workers was the second leading cause of death in construction in 2017, responsible for 112 worker fatalities. All workers should obey OSHA’s object securement regulations at all times.
Employer negligence. An employer could be guilty of a lapse that puts workers at risk, such as a lack of training, low-quality materials, no workplace rules and inadequate fall protection. It is generally the employer’s responsibility to maintain a safe workplace for construction workers.
Dangerous environments. Environmental conditions can contribute to scaffolding accidents. Rain and sleet, for example, could lead to slippery surfaces and fall accidents from scaffolds. Toxic gases in the work environment could also harm employees while working from scaffolds.

Identifying the cause of a scaffold accident, injury or death could point to someone else’s liability for damages. If an individual or company negligently contributed to the accident, that party could be financially responsible for a victim’s losses. Defendants in scaffold accident claims can include construction companies, employers, product manufacturers, contractors and property owners.

How Can a Scaffolding Accident Be Prevented?

In one Bureau of Labor Statistics study, almost three-fourths (72%) of employees injured in scaffold accidents stated their injuries occurred due to planking giving away, slip and fall accidents, or falling objects. These are all preventable hazards with due care and attention to detail in the workplace. If every construction site supervisor and worker obeyed safety regulations and worked with caution, far fewer scaffolding accidents would occur. Reducing human error would save lives in the construction industry.

Properly training construction workers in how to erect scaffolding
Providing all appropriate safety gear and fall protection
Following OSHA’s scaffolding construction standards
Taking enough time to properly construct a scaffold
Obeying all laws related to tool/material securement
Inspecting scaffolding/scaffolds regularly for defects
Replacing old, worn-out or broken scaffolding materials

Safety regulations are in place for a reason. An employer should never encourage workers to cut corners or skip steps during scaffolding construction to save time or money. Workers should obey all scaffold-related rules in their construction and usage. Doing the responsible thing by obeying OSHA standards and workplace safety protocols could prevent scaffolding disasters.

If a scaffold accident does cause injuries or deaths, victims or loved ones may bring civil claims against one or more parties for negligently causing or failing to prevent the catastrophe. A construction accident lawyer can help plaintiffs with these claims in Texas.

Posted by Aaron Herbert at 12:38 pm

What Are the E-Scooter Laws in Texas?

Tuesday, March 10, 2020

Hundreds of thousands of new electric scooter riders have hit the streets around the country in the last few years due to several companies releasing a massive amount of dock less rentable e-scooters. Electric scooters, or e-scooters, use motors that enable them to reach about 15 miles per hour maximum, on average. Unfortunately, the debut of rentable e-scooters has led to a significant increase in related accidents, injuries, and deaths. Learn Texas’ current e-scooter laws to protect yourself and reduce your odds of getting into a collision.

Are Electric Scooters Legal on Streets in Texas?

Yes, it is legal to operate an electric scooter on streets in Texas. E-scooters are only legal on roads with speed limits at or below 35 miles per hour, however. It is generally more dangerous to operate an e-scooter on the sidewalk, as this can threaten the safety of pedestrians.

Texas technically does not have any laws against riding an e-scooter on a sidewalk, although municipalities have the right to enforce such laws. State lawmakers have yet to pass Senate Bill 549, which would place a statewide ban on sidewalk use and enact several other e-scooter laws. Until this law or a similar one passes, e-scooter riders can operate on sidewalks in Texas where city laws do not prohibit doing so.

Do Scooter Riders Have to Obey Traffic Laws?

Under Texas law, e-scooters riders must follow all the same traffic laws as motor vehicle drivers. They must follow traffic signs, stop at lights, pay attention to rights-of-way and ride following the same direction as traffic. Riders should always obey speed limits and should not ride faster than is safe and prudent for roadway conditions.

E-scooter operators cannot take their vehicles on highways in Texas. Obeying the law and staying predictable to other motorists on an e-scooter could help you avoid a collision.

Do You Need a License to Drive an Electric Scooter in Texas?

You currently do not need a driver’s license to operate an e-scooter in Texas. Texas Transportation Code 551.352 currently does not have an age requirement on e-scooter operation. SB 549 would enforce a minimum age limit of at least 16 years old, as well as make it mandatory for the rider to have a valid driver’s license.

For now, however, those under 16 may operate electric scooters. That being said, most e-scooter rental companies require riders to scan their driver’s licenses before unlocking the vehicle. Without a valid ID, a rider will not be able to rent an e-scooter from most companies. E-scooters can be extremely dangerous for children. Do not use your driver’s license to unlock an e-scooter for someone under 16.

Do You Have to Wear a Helmet?

Although rentable e-scooter companies promote the use of helmets – some will even send riders free helmets – they are not a legal requirement in the State of Texas. The state’s e-scooter law currently does not have a provision enacting a universal helmet law for riders.

You may lawfully operate an electric scooter without wearing a helmet unless your city has a municipal law saying otherwise. Failure to wear a helmet, however, could substantially increase your risk of a serious or fatal brain injury in an e-scooter accident.

What Are Some of the Risks and Dangers of Electric Scooters?

Electric scooters have many unique traits that increase the risk of accidents and serious injuries for riders. Many riders do not understand or recognize these risks before hopping on e-scooters. There is a common misconception that electric scooters are safe – in part due to the fact that e-scooter companies have been historically lax with the rules, such as who can ride and whether riders need helmets.

Common risks and dangers associated with electric scooters include:

Small size
Prone to accidents
Vulnerable to road defects such as potholes
Fast operating speeds
Defective scooters
Electrical malfunctions
Brakes locking in transit
Poor e-scooter maintenance
No helmet immediately available
Inexperienced operators
High-risk operator behaviors
Distracted drivers
Lack of protection in a collision

Many things make e-scooters more dangerous than other forms of transportation, including bicycles and passenger vehicles. Their speed, lack of rider protection and the possibility of product defects put operators at risk of life-changing injuries.

What Are the Most Common Accidents With Electric Scooters in Texas?

Electric scooter accidents can take many shapes and forms depending on the circumstances of the collision. E-scooters can get into collisions on sidewalks, bicycle paths and public roadways, depending on where the rider chose to ride. They can collide with many different things, including motorists and fixed objects.

Based on available crash data, the most common accidents involving electric scooters in Texas are:

Vehicle-scooter collisions. Drivers are often distracted, inattentive or reckless behind the wheel, increasing the risk of a driver failing to see an electric scooter. In these collisions, the e-scooter rider is always at risk of more severe injuries.
Scooter-pedestrian collisions. Many e-scooter riders break the law by riding on sidewalks and ignoring pedestrian rights-of-way. This can result in collisions between scooters and pedestrians that can seriously injure both parties.
Defective e-scooter accidents. There have been several cases of electric scooters containing dangerous manufacturing or design defects. These defects can lead to malfunctions in transit that cause e-scooter accidents.
No-contact accidents. An electric scooter rider may have to swerve out of the way or drive off of the road to avoid a collision with a motorist. Although the two vehicles never touched, the motor vehicle driver could still be liable.
Fixed-object collisions. If an electric scooter rider fails to pay attention or take proper care in controlling the vehicle, he or she may collide with fixed objects, such as guardrails or parked vehicles.

The type of electric scooter accident can determine important aspects of an injury claim, such as the liable party. A personal injury attorney in Dallas can help a victim investigate a crash to determine causation and fault, as well as gather key evidence.

What Are the Most Common Injuries With Electric Scooters in Texas?

E-scooter accidents are often physically and emotionally devastating for victims. They are similar to motorcycle accidents in that the rider can suffer catastrophic injuries due to a lack of protection in a collision with a motor vehicle, fixed object or the road. An injured e-scooter rider may have to spend thousands of dollars in medical care, including ongoing care for long-term injuries.

Some of the most common injuries associated with electric scooter accidents in Texas are:

Broken bones
Dislocations
Soft-tissue injuries
Bruising and contusions
Road rash
Scarring and disfigurement
Traumatic brain injuries
Back, neck and spine injuries
Internal injuries
Permanent injuries
Emotional injuries and PTSD
Wrongful death

If you suffered severe or catastrophic injuries in an electric scooter accident in Dallas, it is important to consult with an attorney about your legal rights. An insurance company may try to devalue your injuries and losses to save money on your claim. An attorney, on the other hand, will work hard to maximize your financial recovery and get your family the results it needs during this difficult time.

Who Is Liable for an E-Scooter Accident?

If you get into an e-scooter accident in Texas, call 911 and report what happened. Asking the police to visit the scene could help you document the collision and collect important evidence, such as the contact information of any eyewitnesses. The police may be able to help you determine fault as well, such as by issuing the driver a ticket for breaking a roadway rule or driving recklessly.

The motor vehicle driver might be liable for your injuries and damages if he or she was negligent or reckless and this caused your collision. If you broke an e-scooter law or were operating your scooter carelessly, however, you could be at fault for the collision instead. Contact an e-scooter accident attorney for assistance filing and negotiating your case.

Posted by Aaron Herbert at 2:52 pm

Texas Dashboard Camera Laws

Saturday, March 7, 2020

Dashboard cameras have grown in popularity among drivers now that this technology has become more affordable. Dash cams can record what goes on inside or outside the cab of a car, including auto accidents. They can be useful as a source of evidence during a car accident insurance claim or civil lawsuit.

Many drivers do not understand, however, the legalities of dashboard cameras. Using a dash cam incorrectly could get you into legal trouble by breaking the state’s windshield requirements or federal surveillance laws. Learn the laws in Texas before you install your device.

What Is a Dash Cam?

A dashboard camera, or dash cam, is a small video camera that attaches to a vehicle’s windshield or dashboard and continuously records video footage of either the road (when pointing out) or the inside of the car (when pointing in). There are many different dash cam models available on the market today.

Some are connected directly to the battery of the car, while others connect to the cigarette lighter or a USB port. The cost of a dash cam runs around $60, on average, although there are much more expensive models with additional features.

Why Are Dash Cams Useful?

Many drivers use dash cams to record the road in case of a car accident. If you have a dash cam, when you start your car, it will automatically turn on and start recording digital footage. It is capable of recording many hours of footage while you drive. The footage can be stored in the device or – in more advanced models – sent directly to the cloud. If a crash does take place, either involving your car or right in front of you, your dash cam may have caught important footage of the accident.

Dash cam footage is admissible as evidence in most car accident cases in Texas. You can submit it to your insurance company to prove that you didn’t cause the accident to prevent your premiums from unfairly increasing, for example. You could also use it if your car accident case has to go to trial in Texas. The video may serve as proof against the other driver for making a mistake that caused the crash, such as driving while distracted or running a red light. In this way, dash cam footage can provide important evidence during a crash case.

A dash cam could also save time and energy on obtaining and verifying eyewitness accounts. Rather than only having eyewitness statements to depend on, you can produce irrefutable video evidence of the cause of your crash. Finally, dash cam footage could protect you and others from insurance fraud. A common scam is a driver intentionally causing a crash and blaming the other driver. Submitting your dash cam evidence of the event to an insurer could lead to penalties against the fraudster – ultimately reducing insurance rates for all auto insurance consumers.

Are Dash Cams Legal in Texas?

Federal law permits the use of dash cams. Many different states, however, have passed their own laws regarding them. Texas law does not specifically mention dashboard cameras. It does not make them legal or illegal; it remains neutral on the subject.

This means that you can lawfully use a dashboard camera in the State of Texas, as simply not mentioning something in the language of the law does not make it illegal. It is legal in Texas to use dash cams to record the road as well as the inside of the cab of a vehicle. You must make sure the placement of your cameras and the equipment used, however, meet Texas’ related laws. As of 2021, these laws include:

Windshield obstruction law. Texas Transportation Code 547.613 bars drivers from operating motor vehicles with any objects or materials attached to the windshield, side window or rear window that reduces or obstructs the driver’s clear view. Doing so is a misdemeanor, punishable with a fine of up to $1,000.
Airbag obstruction law. Texas traffic laws also prohibit attaching objects to the dashboard in a way that will obstruct airbags. Your dash cam should not be in a place where the airbag deploys. This could lead to a traffic ticket. It could also cause serious injuries in an auto accident.
Audio recording restrictions. Many dash cams can record audio from inside the cab. Texas Penal Code 16.02 makes it illegal to record private conversations unless you are part of them. In general, your passengers must know you are recording them. To be safe, mute your dashboard camera to make sure you are not picking up any audio illegally.
Distracted driving laws. Your dashboard camera should not distract you enough to lead to traffic infractions, such as failing to yield the right-of-way or following too closely. You should not review dash cam footage while driving. If you have a screen in your vehicle showing footage from the dash cam, it cannot be in your line of sight as a driver.
Your right to record the police. You can lawfully use a dash cam to record police activity as long as you are not obstructing justice. A police officer cannot force you to show him or her your dash cam footage. Someone could use your footage as evidence in a case, however, if you receive a subpoena to submit it to the courts.

Position your dashboard camera in a way that does not reduce or obstruct your view of the road. Most people recommend attaching it in the bottom left or bottom right corner of the dashboard, or directly behind the rearview mirror. It is generally best not to attach it to the windshield itself. Try to find the smallest dash cam you can to make sure you are not obstructing your vision. Do not watch dash cam footage behind the wheel, and make sure you obtain permission before audio recording anyone.

What States Prohibit Dash Cameras?

If you drive out of Texas and into other states with a dashboard camera attached to your vehicle, make sure you understand the laws in each state. Most states have similar laws to Texas. Some prohibit windshield-mounted cameras but allow dashboard-mounted ones. In general, you will obey the law by positioning your dash cam in a way that does not obstruct your vision. Only Missouri and North Carolina do not have any restrictions on windshield obstructions.

Most states also have similar laws against audio recording without permission. If you follow these two essential laws and do not let your dashboard camera distract you, you should generally be within the law in Texas.

When to Contact a Car Accident Lawyer in Texas

If you get into a car accident in Texas and you or someone else involved in the crash has dashboard camera footage available, you may still need help from an attorney to successfully resolve your case. It can be difficult to go up against an insurance provider – especially when the provider is attempting to take advantage of you to save money. Hiring an attorney to represent you can allow you to combat insurance tactics and negotiate for fair financial compensation.

A car accident lawyer can help you use dash cam footage to your advantage during a car accident insurance claim or lawsuit. Your lawyer can help you collect the video footage, sort through it, and present it to an insurance company or the courts in a way that is clear and compelling. If you are dealing with footage from the other driver’s dash cam, your lawyer can subpoena this evidence so that you will also have access to it. From there, your lawyer can help you craft a strategy to pursue maximum financial compensation for your crash-related losses.

For more information about cases involving dashboard cameras in Texas, contact an attorney at the Law Firm of Aaron A. Herbert, P.C. for a free consultation.

Posted by Aaron Herbert at 1:41 pm