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Texas Texting While Driving Ban Becomes Law

06/06/2017 by

No more Texting and Driving in Texas!       

Governor Abbott signed the Texas ban on texting while driving into law today.  Here is an except from the law:

(b)  An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped. To be prosecuted, the behavior must be committed in the presence of or within the view of a peace officer or established by other evidence.

(c)  It is an affirmative defense to prosecution of an offense under this section that the operator used a portable wireless communication device:

(1)  in conjunction with a hands-free device, as defined by Section 545.425;

(2)  to navigate using a global positioning system or navigation system;

(3)  to report illegal activity, summon emergency help, or enter information into a software application that provides information relating to traffic and road conditions to users of the application;

(4)  to read an electronic message that the person reasonably believed concerned an emergency;

(5)  that was permanently or temporarily affixed to the vehicle to relay information in the course of the operator’s occupational duties between the operator and:

(A)  a dispatcher; or

(B)  a digital network or software application service; or

(6)  to activate a function that plays music.

You can read the complete bill on the Texas Legislature Online.

The criminal penalties under the law are not insignificant:

(e)  An offense under this section is a misdemeanor punishable by a fine of at least $25 and not more than $99 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under this section, in which event the offense is punishable by a fine of at least $100 and not more than $200.

(f)  Notwithstanding Subsection (e), an offense under this section is a Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year if it is shown on the trial of the offense that the defendant caused the death or serious bodily injury of another person.

(g)  If conduct constituting an offense under this section also constitutes an offense under any other law, the person may be prosecuted under this section, the other law, or both.

Violation of the law should also constitute negligence per se in a negligence case involving a car or trucking accident.  This means the judge will instruct the jury that the failure to comply with this law is negligence in itself.

Please also see our post, Distracted Drivers Hurt People.

East Texas Personal Injury Attorney

We have experience with car and truck accidents and if you need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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Five Rules in Texas Defining Relationship Between Texas Insurance Contract Claims and Insurance Code Claims

04/12/2017 by

Relationship Between Texas Insurance Contract Claims and Insurance Code Claims

The relationship between insurance contract claims and Insurance Code claims in USAA Texas Lloyds Co. v.  Menchaca.  The case arose from jury findings that,  although USAA did not fail to comply with the terms of the insurance policy with regard to a claim, USAA did engage in various unfair or deceptive practices, including refusal “to pay a claim without conducting a reasonable investigation with respect to” that claim.  The jury then awarded damages  in the amount of the difference between the amount USAA should have paid  and the amount that was actually paid.

Thus, the question arose as to whether an insured can recover damages against their insurance company even though the insurance company did not fail to comply with its contractual obligations.  In answering the question the Texas Supreme Court “announced” five rules that address the relationship between contract claims under an insurance policy and tort claims under the Insurance Code:

  1. The general rule is that an insured cannot recover policy benefits as damages for an insurer’s statutory violation if the policy does not provide the insured a right to receive those benefits;
  2. an insured who establishes a right to receive benefits under the insurance policy can recover those benefits as actual damages under the Insurance Code if the insurer’s statutory violation causes the loss of the benefits;
  3.  Even if the insured cannot establish a present contractual right to policy benefits, the insured can recover benefits as actual damages under the Insurance Code if the insurer’s statutory violation caused the insured to lose that contractual right;
  4.  If an insurer’s statutory violation causes an injury independent of the loss of policy benefits, the insured may recover damages for that injury even if the policy does not grant the insured a right to benefits;and
  5. An insured cannot recover any damages based on an insurer’s statutory violation if the insured had no right to receive benefits under the policy and sustained no injury independent of a right to benefits.

East Texas Personal Injury Attorney

We have experience with cases involving insurance claims and if you need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

 

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Fatal Car Accidents, Texas Lawyer

03/07/2014 by

Traffic  Fatalities

fatal crashOne cannot turn on the news without learning of another fatal car accident.  Thankfully, we are usually comforted to know that none of our family members or people we know were involved in the fatal accident.  Although it is little relief for those that have learned of a traffic fatality involving someone they know, it appears the number of fatal accidents is on the decline.

According to the National High Traffic Administration,  traffic fatalities for the first half of 2013 are projected to show a  4.2 percent decrease with 15,470 people killed in early 2013 compared to the 16,150 fatalities that were projected to have occurred in the first half of 2012.  National Center for Statistics and Analysis. (2013, October). Early Estimate of Motor Vehicle Traffic Fatalities for the First Half of 2013.(Crash•Stats Brief Statistical Summary. Report No.DOT HS 811 845). Washington, DC: National Highway Traffic Safety Administration. If you look back over the years from 1994, there has continued to be a drop in fatal accidents year by year – with 40,716 deaths in 1994 down to 32,367 in 2011.  These number are obviously still significant numbers, especially if one of the victims is your loved one.  FARS Encyclopedia: Trends.

As a personal injury liability lawyer I can not help but to attribute the reduction in deaths to the many years of trial lawyers fighting for crashworthy vehicles, airbags, safer seat belts, better warnings and instructions on vehicles, tires and child seats.

If you are one of one of those whose life has been turned upside down by a fatal accident, please feel free to review our personal injury blog and our posts Automobile Insurance Made Easy, East Texas Auto Accident Lawyer, Truck Accident Lawyer, Motorcycle Accident Lawyer, Documenting Personal Injury Damages and Motor Vehicle Crash, Now What?

If the accident was caused by a distracted driver, please see our posts; Distracted Drivers Hurt People and Texas Texting While Driving Ban Becomes Law. 

In cases in which governmental vehicles are involved, you may find helpful information in Governmental Tort Liability.

East Texas Personal Injury Attorney

We have experience with cases involving car and trucking accidents caused by negligent driving, and if you or one of your family members has been seriously injured or killed as a result of  a negligent driver and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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Car and Trucking Accidents – Making an Insurance Claim

10/31/2013 by

East Texas Car and Trucking Accidents

Experienced Car and Truck Accident Lawyer, Chris Jones of Longview, Texas is Board Certified in Personal Injury Trial Law and passionate in the representation of the victims of Driver Negligence.  Mr. Jones is rated as a preeminent Lawyer by his peers.Interstate 20 Auto Accident

It is very important to seek health care for your potential injuries caused by the accident.  Often, injuries are not noticed immediately after an accident because of the excitement surrounding the accident.  If you have any doubt as to whether you have been injured in a truck or car accident, you should immediately see  a health care provider.  It is also important to make sure the scene of the truck or car accident are documented.

We encourage you to seek the advice of a personal injury lawyer before attempting to handle your trucking or automobile accident claim on your own.  In Texas, the Texas Board of Legal Specialization certifies Personal Injury Trial Lawyers. Lawyers with experience handling trucking and automobile accidents should understand how to deal with the insurance company and help you avoid the potential pitfalls of handling your claim on your own.  Please remember, the insurance adjuster has been trained to handle accident claims, works for the insurance company and has experience dealing with  claims involving automobile accidents and trucking accidents on a day-to-day basis.  The less the insurance company pays out in claims, the higher the potential bottom line for the company.

Please feel free to review our personal injury blog and our posts Automobile Insurance Made Easy, East Texas Auto Accident Lawyer, Truck Accident Lawyer, Motorcycle Accident Lawyer, Documenting Personal Injury Damages and Motor Vehicle Crash, Now What?

In cases in which governmental vehicles are involved, you may find helpful information in Governmental Tort Liability.

East Texas Personal Injury Attorney

We have experience with cases involving car and trucking accidents caused by negligent driving, and if you or one of your family members has been seriously injured or killed as a result of  a negligent driver and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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Safety Tips from over 27 years of Practicing Personal Injury Law

10/07/2013 by

Personal Injury LawyersBuyer Beware see a lot of death, pain, suffering and horrible injuries.  The immediate goal is to obtain redress for our clients.  The ultimate goal, however, for every lawyer, should be to reduce the number of accidents, injuries and deaths so that others may avoid what our clients have suffered.

In this regard, I am sharing my list of things I’ve learned over the years to help keep me and my family  safer:

  • Keep your eyes on the road;
  • Driving while intoxicated is just plain stupid and can ruin your life and the lives of others;
  • Driving while using a smart phone to text, surf the internet, or use social media may be as bad as driving while intoxicated;
  • Do not drive or fly if you are fatigued;
  • Slow down;
  • Maintain sufficient space between your vehicle and others;
  • Before purchasing a vehicle, look at the safety data; (see Crashworthiness – Protect Yourself)
  • Wear your seatbelt;
  • Nothing good happens after midnight;
  • Use nose plugs when submerging you head in warm fresh water;
  • Use distilled water in products that force water up your nose;
  • If you drop a tire off the road, slow down before you try to correct back onto the road;
  • Vehicles are not designed for aggressive turns;
  • Read and follow the instructions, especially the warning labels;
  • Never fly into weather;
  • Always do a preflight check;
  • Never remove safety guards from equipment;
  • Read your safety manual, and follow it;
  • If you are concerned that someone doesn’t understand, they probably don’t;
  • Keep the car doors locked while driving;
  • If it can happen, assume it will;
  • Never point a gun in a direction where it is not safe to fire;
  • Never drive a vehicle in a direction in you cannot see;
  • Never rely on backup alarms alone;
  • Use lockout tagout;
  • Wear your safety equipment – hard hat, steel toe shoes, safety glasses, etc…
  • Use fall protection;
  • Better done safely than done quickly;
  • Any risk of serious injury or death that can be reduced or eliminated using means that are technologically and economically available is an unreasonable risk.

NFPA offers free safety tip sheets on a variety of fire and life safety topics.  OSHA has a number of publications that are specific to a variety of situations.

Please feel free to comment with your suggested additions to this list.

We have experience with many types of accidents, and if you have been seriously injured or have lost a loved one and need a Texas accident attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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Fatal Workplace Accidents and Injuries, Texas Lawyer

08/26/2013 by

Workplace Accidents and Injury Statistics

Fatal work injuries in the United States dropped by approximately  7%  to 4,383 deaths in 2012 according to results from the Census of Fatal Occupational Injuries (CFOI) conducted by the U.S. Bureau of Labor Statistics.  Significantly, there were 138  deaths in the oil and gas extraction industries, a 23 percent rise in fatal injuries to workers in  2012.Fatal Occupational Injuries

Even though the number of fatalities dropped in the U.S.,work related deaths increased by over 20% to 531 deaths in Texas.  Oklahoma also saw a rise in work related deaths.  During the last 20 years, 1994 saw the highest number of work related fatalities in the US at 6,632, or approximately 35% higher than 2012.According the Texas Department of Insurance the deadliest occupation in Texas was driving heavy and tractor-trailer trucks. Texas also saw an increase in construction deaths. 2012 Texas Census of Fatal Occupational Injuries. In Texas, there was a 57 percent increase in fatal injuries for heavy and tractor-trailer,truck drivers with 121 deaths, up from 77 in 2011. There were 82 construction trade worker deaths in Texas, up from  59 incidents in 2011.

These statistics should be analyzed by all safety personnel to help them understand what is occurring in the workplace and how to avoid future accidents and injuries.

Please also refer to our personal injury blog and our posts,  Accidents in the Workplace – Fall Protection,Premises Liability, Defective Products, Products Liability,Lockout Tagout, Texas Truck Accidents,Oilfield Accidents, Injuries and Deaths,and Workplace Injury – Texas Workers Compensation – The Exclusive Remedy?

Experienced Wrongful Death Attorney

We have experience with workplace accidents and  injuries, and if you have been seriously injured or have lost a loved one in a workplace accident, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990, 888-236-4878 (toll-free) for a free initial consultation or send us a message at Contact Us.

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Accidents in the Workplace – Fall Protection

02/06/2013 by

OSHA Poster

WORKPLACE FALLS

Falls account for over 1/3 of all construction accident deaths, and 1/3 of those are falls from roofs. Fall protection is part of an employer’s duty to provide employees a safe place to work. Fall protection is required by OSHA. 29 CFR 1926.501 specifically sets forth the  fall protection requirements. According to OSHA, Employers must set up the work place to prevent employees from falling off of overhead platforms, elevated work stations or into holes in the floor and walls. OSHA requires that fall protection be provided at elevations of four feet in general industry workplaces, five feet in shipyards, six feet in the construction industry and eight feet in longshoreman operations. In addition, OSHA requires that fall protection be provided when working over dangerous equipment and machinery, regardless of the fall distance.

Forms of protection from falling required by OSHA include, but may not be limited to:

  • guardrail systems,
  • stair railings and hand rails
  • safety net systems,
  • covers,
  • toe-boards,
  • fences,
  • barricades,
  • personal fall arrest systems.

The best form of protection depends on the situation. OSHA’s Fall Prevention Campaign and OSHA’s Fall Protection are good places for employers with questions about fall protection to start their research.  To  assist  in identifying , reducing, and eliminating construction-related hazards, OSHA has also published a number of Prevention Videos.

If you are a worker that believes your employer is not following OSHA standards or that there are serious hazards,  employees can file a complaint online with OSHA or by calling 1-800-321-OSHA (6742).

We have experience with accidents involving falls and lack of fall protection, and if you have been seriously injured or have lost a loved one and need a Texas accident attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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Rules of Evidence in Jury Trials

05/11/2012 by

If you have ever served on a jury or watched trials on television, you have seen lawyers object to evidence that the jury was not allowed to see. It raises the question in the jury’s mind of “why they are keeping information from us if the trial is about truth and justice”. The answer to this question lies in the rules of evidence. The Texas Rules of Evidence state that ” [t]hese rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.” The Federal Rules of Evidence have a similar purpose.

LIABILITY INSURANCE

One issue that seems to come up in voir dire is insurance. The rules state that “[e]vidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully.” Rule 11. There are circumstances where the existence of insurance coverages is allowed in evidence, but the general assumption by Defendants is that the jury is more likely to find liability if they know the Defendant is insured. Watch the lawyers in the courtroom freeze when insurance is mentioned by a witness, jury panel member or anyone. In fact, courts will go so far as to prevent the lawyers from asking if anyone works for an insurance company during voir dire – hence the question “is anyone involved in the claims handling process”.

CHARACTER EVIDENCE

Character Evidence is another area that can cause a fight “outside the presence of the jury”. Rule 404 provides ” [E]vidence of a person’s character or character trait is not admissible for the purpose of proving action in conformity therewith on a particular occasion”. In other words, the jury should not find that a person or entity is guilty of a wrongful act on a particular occasion on the basis that they had done it before. Character evidence may be admissible if it is a habit or to prove defect in a product where there have been other similar instances.

SUBSEQUENT REMEDIAL MEASURES

After an accident, the defendant may take measures that, if taken before the accident, would have made the injury or harm less likely to occur. Although there are circumstances where such measures are admissible, Rule 407 provides that evidence of the subsequent remedial measures is not admissible to prove negligence, culpable conduct, a defect in product, a defect in product’s design, or a need for a warning or instruction. The rationale behind the rule is that you do not want to penalize or prevent a Defendant from doing what is necessary to prevent others from being injured.

OPINIONS AND EXPERT TESTIMONY

Rule 702 seems like a simple rule: “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.” In cases involving experts, huge amounts of time are spent dealing with whether an expert should be allowed to testify. Ultimately, it is up to the jury to decide whether to believe an expert, but case-law requires the Court to act as a gatekeeper and examine the qualifications of an expert and the opinions they are giving before allowing them to testify.

Obviously, there are many Rules of Evidence, but these are examples of areas that may come up during a trial that require the court to dismiss the jury to the jury room so that rulings can be made.

It may seem that the Court and lawyers are wasting the jury’s time or hiding evidence from the jury, but what they are doing is following the rules in an effort to see that “the truth may be ascertained and proceedings justly determined.”  In you are on a jury, simply follow the Court’s instructions, require the other jurors to do the same, and justice should be served.

If you are in need of an experienced  Personal Injury or Labor and Employment Lawyer in East Texas or local counsel in Gregg County or the Eastern District of Texas,  please contact Chris Jones or Michelle Jones, Jones & Jones, Attorneys at Law, at 888-236-4878 or contact us by email.

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Car Accidents, Negligent Driving, East Texas Attorney

05/05/2012 by

Texas Car Accidents

Car Accidents are caused by negligent driving. Yes, this is obvious, but what exactly does negligent driving mean?

If you have a car wreck and end up in court, the question for the jury will be:

Did the negligence, if any, of DEFENDANT DRIVER proximately cause the accident in question?  YES or NO

” Negligence,” when used with respect to the conduct of DEFENDANT DRIVER means failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.

The law requires ______________. A failure to comply with this law is negligence in itself.

It is safe to assume that “a person of ordinary prudence” will follow the Texas Drivers Handbook.  But when was the last time you looked through the Texas Drivers Handbook?  Take a look now.  You will find something you didn’t know about driving, or that you have forgotten.

Have you ever read the Texas Rules of the Road in Chapter 545 of the Texas Transportation Code?  There are specific requirements for drivers depending on the situation.  Do it wrong and you may not only receive a citation, but may also be found guilty of negligence per se if you cause an accident. Negligence per se is when a person’s expected standard of conduct is defined by a statute – instead of being judged by the ordinary prudent person test.  In other words, fill in the blank above with the law violated and the judge is now instructing the jury that the DEFENDANT DRIVER was negligent.

Did you know that there are also specific laws on what you must do if you are in an accident?  Please also review  CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS of the Texas Transportation Code.

NHTSA did a study in 2008 and found that motor vehicle traffic crashes were the leading cause of death for every age 3 through 6 and 8 through 34.  There many statistics,  but one death caused by negligent driving is one death too many.

Know the rules of the road,  keep your eyes on the road, put down the cell phone, do not drive if you are intoxicated or fatigued, and drive defensively.

To avoid car accidents the Texas Drivers Handbook recommends:

DEFENSIVE DRIVING
To avoid crashes, the defensive driver should:
1. Stay alert and keep his eyes moving so that he [or she] can keep track of what is happening at all times.
2. Look for trouble spots developing all around him [or her].
3. Have a plan of action if the other driver does the wrong thing.
4. Know that the law requires drivers to protect each other from their own mistakes.

You cannot drive defensively if you are DRIVING WHILE DISTRACTED.  According to NHTSA, you are 23 times more likely to be in a crash if you text while driving.  So “OMG” please put down the phone and watch the road while driving.

If the accident was caused by a distracted driver, please see our posts; Distracted Drivers Hurt People and Texas Texting While Driving Ban Becomes Law. 

This post was not meant to be the lecture it turned out to be.  Oh well, if it helps one person drive safer, then it was worth posting.

Please also refer to our personal injury blog and our posts, East Texas Auto Accident Lawyer, Truck Accident Lawyer, Motorcycle Accident Lawyer,  Documenting Personal Injury Damages and Motor Vehicle Crash, Now What?

East Texas Personal Injury Attorney

We have experience with cases involving car accidents caused by negligent driving, and if you or one of your family members has been seriously injured or killed as a result of negligent driving and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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Oilfield Accidents, Injuries and Deaths

04/07/2012 by

Oilfield accidents causing injuries and deaths are a risk that all oilfield workers must face.  A job in the oilfield can be lucrative and rewarding, but safety must be kept at the forefront.

East Texas has a strong oil and gas industry which is growing even stronger with recent discoveries in the Haynesville Shale and new drilling techniques.  East Texas County Clerks’ offices have been full of land men and land women searching title.  Mineral owners have been signing new leases.  Oil and gas companies know they must drill prior to the termination of the leases.  This means work in the oil field.

Drilling rigs are expensive.  Oil and gas operators want the job done fast.  When oil and gas prices rise,  the push to “get it done” gets even harder.  If not managed correctly, this can lead to oilfield accidents with injuries and deaths.

Unfortunately, when the push to get it done causes an accident in the oilfield, the results can be catastrophic considering the pressures that are involved, the size of the equipment used, the heights of a drilling rig, the harsh environment in which the equipment and workers must operate and the power and electricity required to operate the rig and equipment – not to mention the fact that the oil or gas being sought is flammable.

The Deepwater Horizon Accident is a good example of what can go wrong.  The  Deep WaterThe Gulf Oil Disaster and the Future of Offshore Drilling Report to the President  concerning the accident are interesting to read.  The Bureau of Ocean Energy Management, Regulation and Enforcement report

If you work in the oilfield, resist the push to “get it done quickly” and get it done safely.

We have experience with oilfield accidents, and if you have been seriously injured or have lost a loved one in an accident, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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Electrocution Attorney

03/01/2012 by

Experienced Electrocution Attorney

Chris Jones has handled electrocution and electrical contact cases on both the Plaintiff and Defense sides of the docket. Using the experience learned defending the utility, we now represent the victims of electrocutions and electrical burns against Electric Utilities.

We recently successfully represented the family of a young man who was electrocuted on an oil rig, and another family of a man who was electrocuted while trimming trees.  We also recently represented a young  man who lost his arm when he contacted a distribution line that was hanging too low.

Early in hisdanger electricity career, Chris defended an electric utility against a case involving a young man who was electrocuted in his front yard while checking on his dog. The dog was whining in the rain. As it turned out, the dog was chained to a metal spike driven into the ground. Unfortunately, the spike was contacting live electrical wiring that once fed an electric light, and when the gentleman grabbed the chain, making all of the links come together, he and the dog were electrocuted. The case went to trial and resulted in a defense verdict, probably because the wiring was on the customer side of the meter, and the gentleman likely knew there was wiring in his front yard before he drove the stake into the ground. Chris also defended the utility in a trial where a utility distribution line fell on a residential service drop causing high voltage to blast through a home.

We know how to handle electrocution cases.  They are not easy cases and you need an attorney experienced in these cases.

One thing is for sure, and everyone asked in depositions agrees, electricity is dangerous! Not all electrical contracts are deadly, but electrical burns are painful and devastating injuries.  It needs to be treated with respect and the electric codes and electrical safety standards must be followed. The IEEE publishes the National Electrical Safety Code (NESC). The NESC sets forth standards for the practical safeguarding of persons during the installation, operation, or maintenance of electric supply and communication lines and associated equipment. The National Fire Protection Association (NFPA) publishes the National Electrical Code (NEC). The purpose of the NEC is ” the practical safeguarding of persons and property from hazards arising from the use of electricity.” The NESC basically applies to electric supply (power) and communications utilities and is used primarily by utility engineers and utility lineman. The NEC covers wiring in buildings and is primarily used by engineers and electricians. At times, the NEC and NESC overlap. Safe work practices and compliance with OSHA regulations and use of safe equipment according to the manufacturer’s instructions can reduce the risks of electricity. There are also electrical devices that may help reduce risks. The use of ground fault circuit interrupters (GFCI) in the home and workplace should always be considered. Use a qualified electrician for electrical work. The discovery of electricity completely changed civilization. We use it every day. Even so, we need to respect it and do everything we can to make sure its only effects are beneficial, and not harmful or deadly.

East Texas Personal Injury Attorney

We have experience with cases involving electrocution and electrical contact accidents, and if you or one of your family members has been seriously injured or killed as a result of an electrical contact and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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Car Accident, Now What?

02/08/2012 by

You have been involved in a car accident.  Now what?

WHAT TO DO IF YOU ARE INVOLVED IN A MOTOR VEHICLE CRASH from Chapter 11 of the Texas Driver’s Handbook provides:

1. If you are operating a motor vehicle that is involved in a crash resulting in injury to or death of a person, you must immediately stop your vehicle at the scene of the crash (or as close as possible to the scene of the crash) without obstructing traffic more than is necessary. If your vehicle is not stopped at the scene of the crash, you must immediately return to the scene of the crash. You must remain at the scene of the crash until you have complied with the following:

a. Give your name and address, the registration number of the vehicle you were driving, and the name of your motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;

b. Show your driver license (if requested and available) to any person injured or the operator or occupant of or person attending a vehicle involved in the collision; and

c. Provide any person injured in the crash reasonable assistance, including transporting or making arrangement for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.

Failure to stop and comply with the above requirements is an offense punishable by imprisonment in the State Penitentiary for up to 5 years; confinement in the county jail for up to 1 year; a fine not to exceed $5,000; or both the fine and imprisonment or confinement. (This is for the 1st offense. Second and subsequent offenses have enhanced penalties.)

2. If you are operating a motor vehicle that is involved in a crash resulting ONLY in damage to a vehicle that is driven or attended by a person, you must immediately stop your vehicle at the scene of the crash or as close as possible to the scene of the crash without obstructing traffic more than is necessary. If your vehicle is not stopped at the scene of the crash, you must scene of the crash (or, if the crash occurs on a main lane, ramp, or shoulder, median, or adjacent area and each vehicle involved can be normally and safely driven, each operator shall move their vehicle as soon as possible to a designated crash investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location) until you have complied with the following:

a. Give your name and address, the registration number of the vehicle you were driving, and the name of your motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;

b. Show your driver license (if requested and available) to any person injured or the operator or occupant of or person attending a vehicle involved in the collision; and

c. Provide any person injured in the crash reasonable assistance, including transporting or making arrangement for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.

3. If you are operating a motor vehicle that collides with and damages an unattended vehicle, you must immediately stop and;

a. Locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and owner of the vehicle that struck the unattended vehicle; or

b. Leave in a conspicuous place in (or securely attach in a plainly visible way to) the unattended vehicle a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision.

4. If you are operating a motor vehicle that is involved in a crash resulting ONLY in damage to a fixture or landscaping legally on or adjacent to a highway, you must:

a. Take reasonable steps to locate the owner (or person in charge) of the property and to notify them of the crash and of your name and address and the registration number of the vehicle you were driving;

b. If requested and available, you must show your driver license to the owner or person in charge of the property; and

c. If the crash is not investigated by a law enforcement officer and the crash resulted in injury to or the death of a person or damage to the property of any one person to an apparent extent of $1,000 or more, you must make a written report of the crash and file the report with the Texas Department of Transportation not later than the 10th day after the date of the crash.

Failure to comply with the above requirements is an offense. If the damage to ALL vehicles is less than $200, this offense is a Class C misdemeanor and is punishable by a fine not to exceed $500. If the damage to ALL vehicles is $200 or more, this offense is a Class B misdemeanor and is punishable by a fine not to exceed $2,000; confinement in jail for up to 180 days; or both such fine and confinement. (This is for the 1st offense. Second and subsequent offenses have enhanced penalties).

5. If you are operating a vehicle involved in a crash that results in injury or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven, you must immediately by the quickest means of communication give notice of the crash to the: local police department if the crash occurred in a municipality; local police department or the sheriff’s office if the crash occurred not more than 100 feet outside the limits of a municipality; or sheriff’s office or the nearest office of the Texas Department of Public Safety if occurs elsewhere.

6. When you give your name, address, vehicle registration number, and insurance information to anyone who was involved in the crash, if requested and available, you must also show your driver license to the other driver(s) involved in the crash. Be sure to get the same information from the other driver(s). Record the insurance company name and the policy number exactly as shown on the driver’s proof-of-insurance card. Similar company names can cause confusion. If you have the name of the driver’s company, call the Texas Department of Insurance toll-free at 1-800-252-3439 to get the company address and telephone number.

7. Remember, if you are involved in a crash and the crash is not investigated by a law enforcement officer and the crash resulted in death or damage to the property of any one person to an apparent extent of $1,000 or more, you must make a written report of the crash and must file the written report with the Texas Department of Transportation not later than the 10th day after the date of the crash. The written report must be on the appropriate form approved by the Department.

8. If you are involved in a hit-and-run crash, report this to a law enforcement agency for investigation. The Texas Department of Insurance advises that uninsured motorist coverage will pay for damage in hit-and-run crashes reported to a law enforcement agency.

AIDING THE INJURED

When calling a doctor or ambulance, state the place of the crash clearly and correctly.  Do not assume that people are not injured simply because they say they are not. Send for skilled help as quickly as possible. Unskilled handling can do more harm than good.

Do not move or lift the victim unless it is absolutely necessary. If victims must be moved get help and try not to change the position in which they were found.

Stop serious bleeding with thick cloth pads, as clean as possible, applied with pressure by hand or by bandaging.

Keep the victim comfortable. If it is hot, cool the victim and provide shade as much as possible. If it is cool, cover the victim with blankets or coats if necessary and if available.

After obtaining health care, you should consider hiring a lawyer.  You will also want to notify your insurance company of the accident.   You should seriously consider hiring a lawyer before giving  statements, allowing anyone to record you or signing anything.

There are also specific laws on what you must do if you are in a car accident.  Please also review  CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS of the Texas Transportation Code.

If the accident involved a 18 wheeler truck, please see our post Texas Truck Accidents.  Please also see our Negligent Driving post.

Please see our page Hiring a Lawyer for more information. We have experience with car  accidents, and if you have been seriously injured or have lost a loved one in a car accident and need an East Texas  attorney, please do not hesitate to give Longview Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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