Know Your Rights: How a Board Certified Pedestrian Accident Personal Injury Specialist Can Help You

lunes, diciembre 18, 2023
Pedestrian Accident

When it comes to personal injury cases involving pedestrian accidents, knowing your rights is essential. And there’s no one more equipped to help you navigate the legal process than a board-certified pedestrian accident personal injury specialist.

These legal experts have focused their expertise specifically on representing victims of pedestrian accidents, ensuring they understand the complexities and nuances of these types of cases. With a deep understanding of the laws surrounding pedestrian accidents and personal injury claims, a board-certified specialist can provide you with the guidance and support you need to get the compensation you deserve.

By working with a board-certified pedestrian accident personal injury specialist, you can rest assured that you have a legal advocate in your corner who is knowledgeable, experienced, and dedicated to fighting for your rights. They will skillfully navigate the legal system on your behalf, handling all the paperwork, negotiations, and legal complexities, while you focus on your recovery.

If you’ve been injured in a pedestrian accident, seeking the assistance of a board-certified specialist is the first step toward achieving justice and securing the compensation you need to move forward.

Understanding pedestrian accidents and personal injury cases

Pedestrian accidents can have devastating consequences. Whether you were hit by a car, truck, bicycle, or any other vehicle, the injuries sustained can be severe, resulting in significant pain, medical expenses, and emotional trauma. Understanding the legal aspects of pedestrian accidents and personal injury cases is crucial in order to protect your rights and seek the compensation you deserve.

In a personal injury case, the injured party has the right to seek compensation for their injuries, pain and suffering, medical expenses, lost wages, and other damages. However, navigating through the legal system can be overwhelming, especially when dealing with the aftermath of a pedestrian accident. This is where a board-certified pedestrian accident personal injury specialist comes in.

These specialists have extensive knowledge and experience in handling pedestrian accident cases. They understand the laws and regulations that apply to these types of accidents, and they can help you build a strong case to ensure you receive fair compensation for your injuries.

The importance of hiring a board certified pedestrian accident personal injury specialist

When it comes to your legal representation, hiring a board-certified pedestrian accident personal injury specialist is crucial. Board certification is a rigorous process that ensures the attorney has met specific standards of expertise and knowledge in their chosen field of practice.

Board-certified specialists have undergone additional training, passed comprehensive exams, and demonstrated their proficiency in handling pedestrian accident personal injury cases. This certification serves as evidence of their commitment to excellence and their dedication to staying up-to-date with the latest developments in the field.

By hiring a board-certified specialist, you can have confidence in their ability to handle your case effectively. They have the skills, knowledge, and experience necessary to navigate the complexities of pedestrian accident cases, ensuring that your rights are protected every step of the way.

What is board certification and why does it matter?

Board certification is a voluntary process that allows attorneys to demonstrate their expertise in a particular area of law. It is administered by professional organizations that set rigorous standards for certification. Attorneys who achieve board certification have demonstrated a high level of skill, knowledge, and experience in their chosen field.

In the case of pedestrian accident personal injury specialists, board certification is particularly important. Pedestrian accidents can involve complex legal issues and require a deep understanding of the laws and regulations that apply to these types of cases. By choosing a board-certified specialist, you can be confident that you are working with an attorney who has the necessary expertise to handle your case effectively.

Board certification matters because it provides assurance that the attorney you choose has met specific standards of excellence and has demonstrated their commitment to providing the highest level of legal representation.

The benefits of working with a specialist in pedestrian accident cases

While any personal injury attorney can handle a pedestrian accident case, there are significant benefits to working with a specialist who focuses specifically on these types of cases. A board-certified pedestrian accident personal injury specialist brings a unique set of skills and expertise to the table, increasing your chances of a successful outcome.

One of the key benefits of working with a specialist is their in-depth knowledge of the laws and regulations that apply to pedestrian accidents. They understand the intricacies of these cases and can identify potential legal issues that may arise. This knowledge allows them to build a strong case on your behalf, maximizing your chances of receiving fair compensation for your injuries.

Additionally, a specialist will have a network of experts in various fields who can provide valuable insights and testimony to support your case. Whether it’s accident reconstruction experts, medical professionals, or financial analysts, these specialists can tap into their network to strengthen your case and present a compelling argument in negotiations or in court.

Working with a specialist also means having a legal advocate who understands the emotional toll that a pedestrian accident can have on your life. They will provide the support and guidance you need throughout the legal process, ensuring that your rights are protected and that you receive the compensation you deserve.

How a board certified specialist can help you navigate the legal process

Navigating the legal process after a pedestrian accident can be overwhelming, especially when dealing with injuries and medical treatments. A board-certified pedestrian accident personal injury specialist can help alleviate the burden by handling all aspects of your case, allowing you to focus on your recovery.

From the moment you hire a specialist, they will begin gathering evidence to build a strong case on your behalf. This includes collecting police reports, witness statements, medical records, and any other documentation that supports your claim. They will also consult with experts to evaluate the extent of your injuries and calculate the damages you may be entitled to.

Once your case is ready, your specialist will handle all communications with insurance companies and the opposing party’s legal team. They will negotiate on your behalf to ensure you receive fair compensation for your injuries and damages. If a fair settlement cannot be reached, your specialist will be prepared to take your case to court and advocate for your rights in front of a judge and jury.

Throughout the process, your specialist will keep you informed of any developments and provide guidance on important decisions. They will answer your questions, address your concerns, and ensure that you are fully aware of your rights and options every step of the way.

Common types of pedestrian accidents and their consequences

Pedestrian accidents can occur in a variety of situations, and the consequences can be severe. Some common types of pedestrian accidents include:

1. Crosswalk accidents: When a pedestrian is hit by a vehicle while crossing the street in a marked crosswalk.

2. Intersection accidents: When a pedestrian is hit by a vehicle while walking through an intersection, often due to a driver’s failure to yield.

3. Drunk driving accidents: When a pedestrian is hit by a driver who is under the influence of alcohol or drugs.

4. Distracted driving accidents: When a pedestrian is hit by a driver who is distracted by their phone, navigation system, or other distractions.

5. Hit-and-run accidents: When a pedestrian is hit by a driver who then flees the scene without stopping to help or provide their information.

The consequences of these accidents can vary, but they often result in serious injuries such as broken bones, head trauma, spinal cord injuries, and even fatalities. Recovering from these injuries can be a long and costly process, requiring extensive medical treatments, rehabilitation, and time away from work. Seeking compensation for these damages is essential to ensure that you can rebuild your life after a pedestrian accident.

Steps to take after a pedestrian accident

If you’ve been involved in a pedestrian accident, there are several important steps you should take to protect your rights and strengthen your case:

1. Seek medical attention immediately: Even if you don’t think you’ve been seriously injured, it’s important to get checked out by a medical professional. Some injuries may not be immediately apparent, and prompt medical attention can help identify and document any injuries you may have sustained.

2. Report the accident: Contact the police and file a report. This will create an official record of the accident, which can be valuable evidence in your case.

3. Gather evidence: If possible, gather as much evidence as you can at the scene of the accident. Take photos of the accident scene, the vehicles involved, and your injuries. Collect contact information from any witnesses who may have seen the accident.

4. Document your injuries and medical treatments: Keep a record of all medical treatments, doctor visits, and expenses related to your injuries. This documentation will be crucial in calculating the damages you may be entitled to.

5. Consult with a board-certified pedestrian accident personal injury specialist: As soon as possible, seek the assistance of a specialist who can guide you through the legal process and protect your rights.

How to choose the right board certified specialist for your case

Choosing the right board-certified specialist for your pedestrian accident case is a crucial decision. Here are some factors to consider when making your choice:

1. Experience: Look for an attorney who has extensive experience handling pedestrian accident cases. They should have a proven track record of success in securing fair compensation for their clients.

2. Expertise: Ensure that the attorney specializes in pedestrian accident personal injury cases. They should have a deep understanding of the laws and regulations that apply to these types of cases.

3. Reputation: Research the attorney’s reputation by reading reviews and testimonials from past clients. Look for an attorney who is well-respected in the legal community and has a reputation for providing excellent legal representation.

4. Communication: Choose an attorney who communicates effectively and keeps you informed throughout the process. They should be responsive to your questions and concerns.

5. Personal connection: Trust your instincts and choose an attorney with whom you feel comfortable. A strong attorney-client relationship is essential for a successful outcome.

By considering these factors and conducting thorough research, you can find the right board-certified specialist who will provide the legal representation you need.

The role of a board certified specialist in negotiating settlements and representing you in court

One of the key roles of a board-certified pedestrian accident personal injury specialist is negotiating settlements on behalf of their clients. They will work with insurance companies and the opposing party’s legal team to reach a fair settlement that compensates you for your injuries and damages.

Negotiating a settlement requires skill, knowledge, and a deep understanding of the laws and regulations that apply to pedestrian accident cases. Your specialist will leverage their expertise to build a strong case and present persuasive arguments to support your claim. They will calculate the damages you are entitled to and negotiate for a settlement that reflects the full extent of your losses.

If a fair settlement cannot be reached, your specialist will be prepared to represent you in court. They will present your case to a judge and jury, advocating for your rights and seeking the compensation you deserve. They will handle all aspects of the trial, including presenting evidence, cross-examining witnesses, and delivering persuasive arguments.

Throughout the negotiation and litigation process, your specialist will fight tirelessly on your behalf, ensuring that your voice is heard and that your rights are protected

Posted by Aaron Herbert at 2:32 pm

Can a Low-Impact Accident Cause Serious Injuries?

miércoles, agosto 9, 2023

A car accident is a disaster that can give a victim injuries that may never fully heal, such as a traumatic brain injury or paralysis. While it is obvious that a high-speed or high-impact car accident can cause serious injuries, many people don’t realize that low-impact accidents can, as well. Even a collision referred to as a “fender bender” can give drivers and their passengers severe injuries. This is why it is critical not to talk about your injuries with an insurance company until you’ve seen a doctor.

How Can a Low-Impact Accident Lead to a Severe Injury?

If a car accident of any caliber exerts gravitational forces against a driver or vehicle passenger, the human body may not be able to withstand them – resulting in hard-tissue or soft-tissue injuries. A common example is a whiplash injury in a rear-end collision. A low-impact accident can still be enough to cause major injuries, including brain injuries, from the body being thrown around the car or from blunt-force trauma. For example, even a minor collision could break a window, resulting in lacerations. It could also trigger the airbag, which can cause bruising, facial injuries and skin irritation.
Pre-existing injuries and conditions can increase the odds of a low-impact crash resulting in serious injuries. A motor vehicle driver who already had a slipped disk in his or her back, for example, may suffer a more severe back injury in the low-impact crash than an ordinary driver would have. A rule known as the Eggshell Skull Doctrine states that a defendant must take a plaintiff as-is – meaning the defendant must pay for the plaintiff’s full injury, even if a pre-existing condition made things worse.

Low-Impact Accidents and Delayed Injuries

The advice given to car accident survivors is not to answer any questions about their injuries until they’ve been to a hospital or doctor; specifically, not to answer questions asked by an insurance company. This is because many car accidents, including low-impact accidents, inflict injuries that have hidden or delayed symptoms. You may not notice that you have bleeding in your brain from a head injury right away, for example, until enough time passes that it causes noticeable symptoms. Saying that you are not injured can make it more difficult to change your answer and recover financial compensation from an insurer if you discover injuries later.
Delayed injuries that a low-impact car accident could inflict include whiplash, back injuries, brain injuries, pulled muscles and nerve damage. If you get into a low-impact crash, such as a low-speed rear-end collision, do not assume that you are uninjured just because you initially feel fine. Your injury may have delayed symptoms, or your adrenaline may be masking the pain. When asked about your injuries, say that you cannot answer these questions until you’ve seen a doctor. Then, go to a hospital without delay.

Do You Need an Attorney After a Low-Impact Crash?

Personal injury lawyers do not only represent victims with serious injuries. If a low-impact accident gave you minor injuries, you may still benefit from hiring a lawyer to represent you during the claims process. If the car accident gave you injuries that qualify as serious, however, such as injuries that will give you long-term symptoms, a disability, or permanent scarring or disfigurement, it is especially important to contact a car accident attorney in Dallas.
Without an attorney representing you during a serious injury claim, a car insurance company may take advantage of you in an attempt to save money on your payout. The insurer may claim that you could not possibly have suffered such a serious injury in a low-impact car accident, for example, or it may try to blame your injury on a pre-existing condition. An attorney can help you protect your rights and best interest during the claims process after a low-impact crash.

Posted by Aaron Herbert at 6:43 am

Average Settlement for Traumatic Brain Injury | Texas

jueves, febrero 2, 2023
average traumatic brain injury settlement

A traumatic brain injury (TBI) is one of the most severe injuries a person can suffer due to another’s negligence.

Brain injury cases are also some of the most complex, mainly due to the nature of the injury.

The brain is perhaps the most complicated and intricate organ in the human body, and any injury can be challenging to diagnose and treat.

Depending on the nature of the injury, the victim may be permanently and severely injured.

At the Law Office of Aaron Herbert, our traumatic brain injury lawyer will fight to get you and your family the financial compensation you deserve. 

What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury (TBI) usually results from a  violent blow or jolt to the head or body or from an object that pierces the skull and enters the brain.

Some types of TBI cause temporary or short-term problems with normal brain function, including problems with how the person thinks, understands, moves, communicates, and acts.

However, a more serious TBI can lead to severe and permanent disability and even death. Some TBI injuries are immediate, while others occur gradually over time. 

TBIs are generally classified into two different categories: penetrating and non-penetrating TBI. A penetrating TBI is what it sounds like and happens when an object pierces the skull and penetrates the brain (e.g., shrapnel, knife, or bullet).

Non-penetrating TBI is caused by a strong external force that moves the brain within the skull. (e.g., fall, blast injury, or motor vehicle accident). 

5 Common Causes of Traumatic Brain Injuries 

The truth is a brain injury can be caused by many things, but some are more common than others. Five common causes of traumatic brain injuries are as follows:

  1. Car accidents
  2. Sports injuries,
  3. Slip and falls,
  4. Violence, and
  5. Blasts.

Whether one of these caused your TBI or something else, you deserve compensation for your life-changing injuries. 

The causes listed above can result in several different types of traumatic brain injuries:

  • Concussions,
  • Edema (swelling),
  • Hematoma, and
  • Skull fracture.

It is also possible to experience more than one type of TBI from a single accident. 

Average Settlement for Traumatic Brain Injury

While it is difficult to quantify an average settlement amount for a TBI, these settlements tend to be larger than those for other injuries because the severity tends to be greater.

Because many TBIs are permanent and require lifelong medical attention and adaptation, the sheer costs can quickly add up. Depending on the severity of the injury, the victim may require around-the-clock care and lose the ability to earn a living. 

TBI cases often settle for at least six figures, but many pay in the millions. 

Types of Damages Factored into a Settlement

There are generally three types of damages available to a Texas plaintiff. 

Economic Damages

Economic damages are easy to quantify because they are based on a plaintiff’s loss. These include:

Each plaintiff’s actual loss will vary and will directly influence their settlement. 

Noneconomic Damages

Noneconomic damages are more challenging to quantify because they are subjective and personal to you. These damages include the following:

  • Pain and suffering, 
  • Emotional anguish, 
  • Loss of enjoyment of life, and 
  • Loss of consortium. 

Noneconomic damages resulting from a TBI will be unique to each individual. 

Punitive Damages

Lastly, depending on the facts and circumstances that led to your TBI, you may be entitled to punitive damages. However, it is unlikely that these will be factored into a settlement agreement.

Instead, they might be awarded by a court to punish a grossly negligent defendant.  

Contact a Traumatic Brain Injury Lawyer at The Law Office of Aaron Herbert

Contact a traumatic brian injury lawyer today. At the Law Office of Aaron Herbert, we have been providing top-notch representation to victims of traumatic brain injuries for over a decade.

Our are experienced in negotiating fair and just settlements for our clients. Should your case not settle, we are board certified in personal injury trial law.

If you or a loved one has suffered a TBI at someone else’s hands, your focus should be on recovering. Let us handle the rest. Contact us to schedule a free consultation today.

Posted by Aaron Herbert at 1:00 pm

Can a Landlord Be Held Liable for a Dog Bite in Texas?

sábado, octubre 2, 2021

Texas is one of the top states in the country in terms of the number of dog bite injuries and deaths each year. When a dog attacks and injures someone in Texas, it is possible for a landlord to be held liable, or legally and financially responsible, in certain circumstances. This can lead to greater financial compensation for the injured victim, as the landlord will have to pay for the victim’s medical bills and other related losses.

What Is Texas’ Dog Bite Law?

Texas uses a one-bite rule when it comes to liability for dog bite injuries. This rule relies on the legal theory of negligence. It states that a pet owner will only be held responsible for a dog bite injury if the dog had previously bitten someone or shown other signs of aggression, and if the owner failed to prevent a second or subsequent bite. If Texas used a strict liability dog bite law, on the other hand, a pet owner would always be liable for a dog bite injury, without regard to whether the owner knew of the dog’s propensity for viciousness.
Under Texas’ dog bite law, there must be proof that the owner or controller of the dog knew or reasonably should have known that the dog had acted aggressively or bitten someone previously and that the individual failed to take reasonable steps to prevent the subsequent attack. The same legal theory applies if the injured victim wishes to pursue a claim against a third party, such as a landlord. It is the victim’s responsibility to prove the defendant was negligent and that this caused or contributed to the dog attack.
 

Can a Landlord Be Held Liable for a Dog Bite in Texas? 5

Landlord Liability for a Dog Bite

Landlords have a certain responsibility to keep the properties that they own and manage reasonably safe for renters and visitors. If a dog attack in Texas takes place while on rented or leased property, the landlord may be held accountable. While a landlord might not be responsible for incidents that take place inside apartments, they are responsible for all common areas on the premises, such as hallways and lobbies.
It is possible to make a claim against a landlord for a dog bite injury that takes place in a common area if there is evidence that the landlord knew or reasonably should have known that a violent or dangerous dog was staying on the property. If the landlord knew about the aggressive dog but did nothing to remove the threat of harm, such as evicting the tenant for breaking the building’s pet rules, the landlord or owner of the building could be held responsible for an attack.
In addition, a landlord may be held responsible for a dog bite injury that occurs as a result of the landlord’s failure to maintain a safe premises. If the landlord should have repaired a hole in a fence before a dog escaped and attacked someone, for example, the landlord could bear responsibility for failing to prevent a foreseeable injury. If the landlord did his or her part to prevent a dog attack, however, and it was the pet owner that didn’t follow the rules, the owner might be liable instead.

When to Contact a Dallas Dog Bite Injury Attorney

Holding a landlord or property owner responsible for a dog bite injury in Texas could result in greater financial compensation for your medical bills and other related losses. If the pet owner does not have enough insurance to cover your costs, for example, the landlord or property management company might have greater coverage available. It is up to you as the injured victim, however, to prove that the landlord was negligent. A premises liability attorney in Dallas can help you with this burden of proof.
An attorney can thoroughly investigate your dog bite incident to search for signs of negligence by the pet owner, landlord, property owner or any other parties involved. Then, your attorney can present evidence of negligence to an insurance company and negotiate for fair financial compensation for your losses on your behalf. If you get bitten by a dog at someone’s rental home or apartment in Texas, contact an attorney to discuss the possibility of landlord liability.

Posted by Aaron Herbert at 3:09 pm

Know Your Bicycle Rights in Texas

lunes, junio 15, 2020

Being a bicyclist in Texas comes with several inherent risks. Distracted drivers, drunk drivers, roadway hazards and an increased chance of head injuries are some of the risks you take on as a cyclist. How you address these risks could determine whether or not you get into a bicycle accident. Texas crash statistics for 2018 show 72 pedal cyclist deaths in motor vehicle accidents. Protect yourself from an accident by knowing and exercising your rights as a cyclist in Texas.

Know Your Bicycle Rights in Texas 8

The Right to Ride in the Road

 Many drivers show signs of anger, frustration and road rage when driving behind bicyclists in Texas. They may tailgate you, honk their horns or pass too closely. It is your right as a biker, however, to ride in the road alongside motor vehicles. Bicycles are vehicles in Texas (Section 551.001). You have the right to take up a full lane of traffic when riding in the road. For safety reasons, keep as far to the right side of the road as possible except when avoiding obstacles or turning left. If a driver was infringing upon your right to the road, you may have grounds for a case against him or her after a collision.
 If your city has a bicycle path available, use this to reduce your risk of getting into an accident. Texas law, however, does not require you to use a bike path if you would rather use a standard traffic lane. You may also have the right to ride your bicycle on the sidewalk if the area does not have any municipal rules forbidding it. Texas does not have a statewide rule against riding on sidewalks. Many major cities, however, including Dallas, have municipal laws prohibiting bicyclists from riding on sidewalks in central business districts. Learn the laws in your city before riding on the sidewalk.

The Right-of-Way

 Bicyclists in Texas receive the right-of-way when a motorist would have the right-of-way in the same situation. When at an intersection, for example, if you came to a stop first on your bicycle, you will have the right-of-way. It is against the law for a driver to ignore your right-of-way as a bicyclist. If a driver does not yield and causes an accident, he or she could be liable for your injuries and damages. You must also respect others’ rights-of-way. It is your duty as a cyclist in Texas to obey all roadway rules and traffic signs, including stop signs and traffic lights.

The Right Not to Wear a Helmet

 Texas does not have a universal bicycle helmet requirement. Currently, the State of Texas does not require any bicycle rider to wear a helmet, regardless of age or level of experience. It is your prerogative to wear a helmet or not wear a helmet, unless the municipal rules in your city say otherwise. Cities that require the use of a bicycle helmet include Austin, Dallas, Fort Worth, Arlington, Houston and Bedford.
 A defendant in a personal injury claim in Texas could not hold it against you if you were not wearing a helmet in a bicycle accident. You have the right under state law not to wear one. Even if the accident gave you a head, face or brain injury, the defendant could not use your lack of helmet wearing in a comparative negligence defense. Wearing a helmet, however, is a wise choice for your personal safety as a bicyclist. Wearing a helmet drastically decreases your chances of a serious brain injury in an accident.

The Right to Expect Reasonable Care From Drivers

 Finally, as a bicyclist, you have the right to expect drivers and others on the road to treat you with reasonable care. All drivers owe duties of care to other drivers, bicyclists and pedestrians. These duties include obeying traffic rules and state laws. Driving drunk, texting and driving, driving negligently, and reckless driving are examples of common breaches of the duty of care by drivers in Texas. If a driver fails to respect one of your rights as a cyclist and this causes a collision, you could have the right to bring a claim against the driver for negligence. A Dallas bicycle accident lawyer could help you bring a cause of action in Texas.

Posted by Aaron Herbert at 2:19 pm

Can a Bar Be Responsible for a DUI Accident?

lunes, noviembre 25, 2019

Drunk driving is a rampant problem in Texas and throughout the U.S. In 2018, driving under the influence (DUI) in Texas caused fatal accidents that killed 940 people. Drunk driving accounted for 26% of the total number of motor vehicle crash deaths in Texas in 2018. Most people know they can hold the drunk driver responsible for a drunk driving accident, but may not know the bar or establishment that furnished the DUI driver with alcohol could also share liability depending on the situation. If you were injured by an intoxicated individual get help from a Dallas dram shop liability attorney.

Dram Shop Liability Laws

Like most states, Texas has a dram shop law in place that holds alcohol providers, such as bars and restaurants, responsible for drunk driving accidents in certain situations. The law states that selling, serving or providing alcoholic beverages could be grounds for a cause of action after an accident if certain circumstances exist. First, it must have been clear at the time of the dram shop offering the alcohol that the person was obviously intoxicated to an extent that he or she posed a danger to him/herself or others. Second, the person’s intoxication from the alcohol furnished must have been the proximate cause of the accident in question.
An adult 21 or older could also be liable for the actions of an intoxicated person if the drunk person was a minor under the age of 18, and if the furnishing adult was not the minor’s spouse, parent or guardian. The adult must have knowingly served, or allowed someone else to serve, the underage individual alcohol that contributed to the individual’s intoxication. Texas’ dram shop law can apply to any provider that served an obviously intoxicated person alcohol before he or she drove a vehicle and got into a DUI accident.

Can a Distributor of Alcohol Be Accountable for Accidents Involving Intoxication?

Yes, a distributor of alcohol can be legally accountable for car accidents and other incidents involving someone’s intoxication. A Dallas DUI accident could come down to the shared liability of both the drunk driver and the dram shop that provided the driver with alcohol if the shop knew or reasonably should have known the individual was already intoxicated, yet served the person alcohol anyway, and if this was the proximate cause of the drunk driving accident. If another bar or restaurant would not have served the person alcohol in the same circumstances, the dram shop could be liable for a resultant drunk driving accident.
Under Texas’ dram shop laws, DUI accidents are not the only incidents for which an alcohol provider may be liable if it sells alcohol to an obviously intoxicated person. The bar or distributor could also be liable for alcohol-related incidents such as brawls, assaults, violence and fall accidents. For example, if a distributor gives alcohol to Person A despite Person A’s obvious drunkenness, and Person A starts a fight with Person B, the bar could be liable for Person B’s injuries and hospital bills.
Obvious intoxication refers to a level of drunkenness that a prudent and reasonable alcohol furnisher would notice. This could include common signs of intoxication such as slurred speech, bloodshot eyes, stumbling while walking or smelling of alcohol. If an individual did not exhibit signs of intoxication or had an unusually low tolerance, however, the bar or restaurant may not be liable for furnishing the individual with more alcohol, even if that person went on to cause a drunk driving accident.

What Other Establishments Can Be Held Responsible?

Any establishment that furnishes alcohol to an intoxicated person who causes a drunk driving accident could be legally responsible for damages. This can include a bar, restaurant, gas station, grocery store, social host or individual. Any provider that sells or serves alcoholic beverages using an alcohol license or permit could be responsible if the intoxicated person drives and causes a car accident. An establishment can be vicariously responsible for the actions of its employees, as well, including bartenders and waiters. Find out if you have a case against a dram shop in Texas by talking to an attorney.

Posted by Aaron Herbert at 2:53 pm

Brief History of DUI Law in the US

miércoles, julio 24, 2019

Driving while intoxicated is one of the deadliest mistakes a driver can make. Driving under the influence (DUI) of drugs and/or alcohol is a serious act of recklessness that is against the law in all 50 states. In 2017, 1,024 people died in motor vehicle accidents involving drunk driving in Texas. DUI laws have evolved over the years, starting in New York in 1910. Arrests for driving drunk, however, began before the first laws specifically prohibited DUI.

1897: First Arrest for Driving Drunk

On November 24th, 1897, a man named George Smith became the first-ever driver police arrested for driving drunk. Smith was a 25-year-old taxi driver living in London who smashed his taxicab into a building while under the influence of alcohol. Smith pled guilty to the charge and had to pay 25 shillings as his punishment. Thus, the first-ever DUI arrest set the stage for thousands like it over the next 100 years.

1910: First Official DUI Laws

New York was the very first state to enact official laws banning drunk driving in 1910. This was the year state lawmakers passed legislation that made it illegal to operate a vehicle while intoxicated. Law enforcement did not have tests to prove drunk driving until years later. Instead, they used their best judgment to determine a driver’s drunkenness. California became the second state to pass DUI laws, leading to several other states enacting similar legislation. Early state laws lacked specific language defining drunk driving, however.

1936: First Breath Test

It was not until 1936 that a scientist named Dr. Rolla Harger created a device to effectively test for inebriation. His invention – aptly named the Drunkometer – came after several years of growing national concern regarding drunk driving. In the early 1930s, the American Medical Association and the National Safety Council funded research into the most common causes of car accidents. Their research helped promote safer vehicle operation. It also shaped what would become the first more specific DUI laws.
 
The Drunkometer opened the doors to DUI testing and more accuracy for arrests. Dr. Harger’s device had a type of balloon attached to it that drivers would breathe into, similar to today’s Breathalyzer tests. The Drunkometer used the breath to accurately measure how much alcohol content was in the driver’s blood. The advent of the Drunkometer, on top of safety panels by national organizations, led to the official suggestion of 0.15 as the blood alcohol concentration (BAC) level that proved a driver was drunk – almost twice what the legal amount is today.

1953: First Breathalyzer Test

In 1953, the Breathalyzer came into existence thanks to a professor and police captain named Robert Borkenstein. Borkenstein had worked with Dr. Rolla Harger on creating the early breath test device, the Drunkometer, and created the Breathalyzer to streamline and improve the process. He created the easier-to-use Breathalyzer test that became the first scientific measure available to police officers.

1970s-1980s: Stricter DUI Laws

In the 1970s and ‘80s, many state lawmakers changed their laws to reflect increasing knowledge on the dangers of drunk driving. Special groups formed to fight for stricter DUI laws, often after fatal accidents took the lives of loved ones. One such group was Mothers Against Drunk Driving (MADD), founded by mother Candy Lightner in California after the DUI-related death of her 13-year-old daughter. Groups like MADD were – and still are – instrumental in influencing lawmakers to pass stricter DUI laws.

1990 to Present: Continuing the Fight Against Drunk Driving

The legal limit for DUI is now 0.08 in all 50 states. Most states have also passed Zero Tolerance laws on drunk drivers under the legal drinking age of 21, plus stricter 0.04 BAC limits for commercial drivers. The laws regarding how lawmakers enforce and punish DUIs vary from state to state. Unfortunately, drunk driving is still a considerable issue that takes thousands of lives every year. The fight against drunk drivers is constant.

Posted by Aaron Herbert at 2:42 pm

6 Safety Guidelines Truckers Must Follow

martes, agosto 9, 2016

Trucking accidents cause thousands of fatal injuries every year. In 2017, crashes involving large trucks and buses took 5,005 lives. The size and weight of large commercial trucks makes it common for smaller passenger vehicles to bear the brunt of the damage in collisions. The high level of danger large trucks pose to others led to federal regulations to try to reduce accident risk. Truck drivers must follow certain safety guidelines while at work to do their part to prevent serious accidents.

Keep a Safe Following Distance

It takes more time to bring a commercial truck to a stop than an average passenger vehicle. To take increased stopping time into account, truck drivers should maintain a proper following distance from the vehicle in front of the truck at all times. Truckers should leave at least 20 feet of space between the front of their trucks and the backs of other vehicles. This will leave enough room to come to a complete stop without needing to slam on the brakes. Braking too hard could lock the brakes and cause a crash, or lead to a dangerous cargo shift.

Use Proper Braking Techniques

Truck drivers should reduce their speeds when traveling downhill or around curves. Traveling too fast could make it impossible to brake – and could lead to runaway trucks and serious accidents. Proper braking in a big rig takes carefully controlling speeds and using the right braking technique, depending on the situation. Truckers should follow their training to either pump the air brakes or apply steady pressure based on the circumstances and road conditions. Unsafe braking techniques can lead to accidents such as a jackknifed truck.

Obey Hours of Service Regulations

The Federal Motor Carrier Safety Administration (FMCSA) imposes strict hours of service regulations that all truck drivers must obey. Hours of service regulations aim to reduce the number of drowsy truck drivers on the road by limiting how many hours truckers can drive in between rest breaks. No property-carrying trucker may exceed an 11-hour limit after 10 consecutive hours off duty. Truckers cannot drive beyond a 14-hour limit after coming on duty. Drivers also cannot exceed 60 or 70 hours on duty in seven or eight consecutive days.

Conduct Vehicle Inspections

Fleet safety is ultimately the responsibility of the trucking company, but truck drivers also play a role. FMCSA Section 396.3 states that every driver must inspect the truck and trailer and verify that both are in safe operating condition before driving. If items require repairs, the truck driver must submit repair requests in an inspection report. The motor carrier must then schedule repairs before the trucker can operate the vehicle. Ignoring truck inspections could lead to dangerous part malfunctions and breakdowns in transit.

Avoid Driver Distractions

It is against the law for a truck driver to engage in dangerous habits that cause driver distraction. Truck drivers have a duty to maintain a proper lookout and to pay attention to the road at all times. Long hours on the road alone in a cab can increase the risk of distraction. Commercial drivers legally cannot use handheld mobile devices to make calls or send/read texts. They may only use hands-free devices that are within the driver’s comfortable reach. Violating the federal mobile device law could lead to a serious trucking accident and thousands of dollars in penalties against the truck driver.

Stay Below the Posted Speed Limit

Some highways have specific maximum speed limits just for truck drivers. This is because large trucks need more time to come to complete stops. Speeding can increase the risk of an accident by making it more difficult to remain in control of the truck. Truck drivers must always obey posted speed limits or travel at slower speeds, if necessary, depending on road or weather conditions. Speeding is a common cause of deadly trucking accidents in Texas.

Posted by Aaron Herbert at 3:05 pm