2010 November Archive

Most motorcyclists try to drive safely in order to protect themselves and any passenger from a Texas motorcycle accident. Motorcycles are less stable than cars, especially in the rain, and leave the driver far less protected than drivers in cars or trucks. Motorists sharing the roadway with motorcycles can also help prevent motorcycle accidents by following a few simple tips:

Watch carefully for motorcycles. Motorcycles can be difficult to see, even in bright, sunny weather. While some motorcyclists keep the bike’s headlight on to make themselves easier to see, not all bikes are equipped with a light. Check your blind spots carefully when changing lanes or turning to ensure no motorcyclist has slid into one by mistake.

Leave a safe stopping distance. The small size of motorcycles makes it easy to get too close to one without realizing it. In fact, most motorcyclists prefer drivers to leave two to three times more space between the motorcyclist and the car than the driver would between himself and another car. The extra space allows motorcyclists to see behind them more easily and gives both them and the driver more time to stop safely. When in doubt, it’s always better to leave too much room between yourself and a biker than not enough.

Pay attention at railroad crossings. In order to cross railroad tracks safely, motorcycles should cross with the wheels at a right angle to the track. To set up this angle, a motorcyclist may swing to one side or the other before crossing the track. Pay especially close attention to motorcyclists at railroad tracks so that you do not accidentally hit one while he or she is attempting to cross the track.

Staying safe on a motorcycle requires a joint effort between the motorcyclist and motorists. Unfortunately, motorcycle accidents can and do occur. An experienced Dallas motorcycle accident attorney can help injured motorcyclists understand their rights after an accident and seek help.

As far as accident statistics are concerned, the lower the better. The National Highway Traffic Safety Administration (NHTSA) recently reported that the number of motorcycle fatalities in 2009 fell for the first time in over a decade. According to The Dallas Morning News, the number of motorcycle fatalities that took place in Texas throughout 2009 also fell, decreasing by 18% in comparison to 2008 figures. Specifically, the Texas Department of Transportation reported that there were 520 Texas motorcycle fatalities in 2008, and 426 statewide instances of motorcycle-related deaths in 2009.

These figures are particularly significant for the simple fact that, prior to the 18% decrease, fatality rates had steadily risen on an annual basis since the year 2000, posting an average overall increase of 31%. Researchers at Texas A&M University’s Texas Transportation Institute speculate that new traffic laws and increased driver awareness have both contributed towards lowering the fatality rate. However, there are still far too many instances of motorcycle accidents leading to death in the state of Texas each and every year.

Motorcyclists are not protected by the confines of a steel-framed vehicle. While helmet use certainly decreases the likelihood of traumatic brain injury or death, there is not much more protection a motorcyclist can rely on in the event of an accident. Generally speaking, Texas motorcycle accidents can take place for a variety of reasons, with negligence of some kind usually at the root of the incident. Such negligence can sometimes take the form of driver inattention, a faulty motorcycle part failing, or uneven pavement creating an unnecessary hazard in the road. Regardless of the cause of an accident though, those responsible for negligent behavior leading up to and causing the accident can be held liable for their actions in a court of law.

Under Texas state law, those who are injured at the hands of another are allowed to seek compensatory damages from those who caused them harm, whether directly or otherwise. Reckless motorists, careless motorcycle manufacturers, and local municipalities who fail to maintain safe roads and highways have all been known to commit actions that contribute to Texas motorcycle crashes. Fortunately, Texas motorcycle accident victims and their families do have rights in a court of law.

It’s no big secret that most auto accidents are caused by driver error. Reckless driving practices, such as speeding or failing to yield to traffic signage, are known factors in contributing to auto accidents. Unfortunately for motorists in Philadelphia, Los Angeles, and Dallas, statistics show that the worst drivers in America live in their cities, placing all motorists in even more danger while on the road than they truly have to be.

Fox News reported on Allstate Insurance Company’s annual ranking of America’s best drivers, where Fort Collins, Colorado was awarded this year’s title of America’s Safest Driving City. On the opposite end of the spectrum, the America’s Best Drivers Report examined accident frequency in the country’s 200 largest cities, and concluded that Dallas is one of the most dangerous cities to drive in. Unfortunately, the biggest fault that Allstate cited for accident causation was human error, an entirely preventable grouping of mistakes that ultimately injures and takes the lives of far too many motorists each year.

Reckless driving practices are indicative of negligence while behind the wheel in Dallas just as they are throughout the rest of the country. Motorists who choose to disobey traffic rules are not only more likely to injure themselves by being involved in an accident, but place all other vehicles on the road in harm’s way as well. In the event that an individual is injured in a Dallas car crash, the circumstances surrounding the accident need to be carefully examined in order to determine whether or not negligence contributed towards the accident, as well as to whom that negligence can be attributed to.

Negligent parties deemed responsible for Dallas car accidents run the risk of being held liable for their actions in a Texas court of law. While speeding or running a red light may get a motorist from one location to another faster than obeying all traffic laws would, the timing is insignificant when you take into account the irreparable damage that a Texas auto accident can potentially cause, not only to personal property, but to the physical well being of motorists as well.

Medical malpractice and misdiagnosis errors should never be the reasons why an individual sustains injury. Unfortunately, estimates from Johns Hopkins University speculate that such errors account for 40,000-80,000 patient deaths each year. According to a Wall Street Journal online article, diagnostic errors are the leading cause of medical malpractice lawsuits in the country—nearly 40%. Each case costs insurers an average of $300,000, and affects the families involved in much more tragic ways.

Misdiagnosis can take multiple forms. Medical professionals can either fail to recognize a disease or condition or can diagnose that condition as something less severe than what it really is. Unfortunately, the most common form of misdiagnosis is the failure to diagnose cancer, which, if not treated promptly, can quickly spread throughout the body. Regardless of the reason for misdiagnosis, it is often considered a form of medical malpractice.

Even more problematic regarding misdiagnosis is that data shows that many misdiagnosis cases are not the error of a single individual but are often the result of up to three missteps along the way. Even though these steps can include patients failing to attend follow-up appointments or following instructions given to them by health care providers, it is still the duty of doctors and medical professionals to thoroughly examine their patients, order appropriate tests to help diagnose their condition, and conduct follow-up examinations to be as certain what their patients’ ailments are. A failure to provide such care can be labeled as medical malpractice in Texas, and those medical professionals responsible for misdiagnosis can be held liable for the consequences that result from said malpractice.

Patients have rights, and it is important that they recognize this. If a physician fails to provide appropriate treatment to a patient, and the error results in the patient succumbing to a condition that would have otherwise been treatable, the patient may be able to hold the physician accountable for their actions in a court of law. Texas law protects individuals from instances of medical malpractice, including misdiagnosis and failure to diagnose.

Texas boating law regulates who may operate a boat and under what circumstances. Knowing the basics of the boating rules will help you keep your license current and let you know when it’s time to educate your children in boating safety.

Currently, Texas age and boater education requirements apply only to powerboats with ten horsepower or stronger engines, personal watercraft, and windblown boats over fourteen feet long. For these items, children under 13 may operate them only if they are accompanied by an adult who is 18 years old or older.

Children between 13 and 17 years old may operate these types of boats and watercraft if they are accompanied by an adult or if they have passed a Texas Parks and Wildlife-approved boater safety course. They must carry with them on the boat both their boater certification card and a photo ID. A driver’s license or student ID are both acceptable, according to the Texas Parks and Wildlife Department.

Teenage visitors to Texas may also operate powerboats, personal watercraft, or larger sailing vessels if they can demonstrate that they have completed a boater safety course, which is usually done by showing officials the teenager’s boater safety certification card from their home state. The course they completed must be one accepted by the Texas Parks and Wildlife Department and must be approved by the National Association of State Boating Law Administrators (NASBLA). To find out which programs are Parks and Wildlife-approved or to sign up for a Texas boater safety course, contact the Texas Parks and Wildlife Department at 1-800-830-2268.

Following safety rules and staying certified can help boaters prevent accidents. Unfortunately, even the most careful boaters may encounter trouble from other boaters or swimmers who are not so cautious. A skilled Dallas boat accident lawyer can assist those injured in boating accidents caused by another person’s negligence. Always stay alert when operating any type of boating vessel in Texas and keep an eye out for other boaters who may be operating their vessels dangerously.

In Texas, it is essential to remember that if you own property, you may be held liable for injury costs if a visitor is injured while on your property. Texas liability law generally states that property owners have an obligation to keep their property reasonably safe, must promptly remove or repair any hazards found to be on the property, and must adequately warn visitors of potential dangers that could cause them harm.

Premises liability can take place while on-the-job, in a public place, or even in a private residence. Slippery floors, uneven sidewalks, and staircases in disrepair are all factors that can contribute towards an individual sustaining injury. Other dangerous elements that could also lead to personal injury include poorly lit passages, obstructed walkways, and inadequate security in parking facilities.

Regardless of which type of premises liability incident takes place, the circumstances surrounding the incident need to be thoroughly examined to determine whether or not the property owner or manager was aware of the potential hazard prior to the incident. In fact, for a Texas premises liability case to be successful, one of three different criteria must be met:

1. That the hazard was created by the property owner or other individual responsible for overseeing the property
2. That the property owner knew about the potential hazard before the incident and failed to correct, or at least take steps toward correcting, the hazard
3. That regardless of whether or not the property owner claimed to know about the potential hazard, the hazard did in fact exist for a period of time great enough that the owner should have known at least something about it.

In all Dallas premises liability cases, it is important to remember that time is of the essence. Evidence supporting negligence should be collected as soon as possible after an incident to strengthen one’s case, and all details need to be taken into consideration to help determine wrongdoing.