Texas Personal Injury Law Blog

Texas’s Parent Taught Driver Education Program, or PTDE Program, allows student drivers to learn driving skills from their parents, instead of from a general program offered by driver training schools or by the public schools. An evaluation of the PTDE by the National Highway Traffic Safety Administration, or NHTSA, however, found that parent-taught drivers are statistically more likely to commit traffic violations and to suffer more serious crashes than drivers who take a school course.

The NHTSA study reported a few benefits that come from the PTDE program. Parents and students who use the PTDE instead of a school program report several benefits, including lower cost and more personalized attention to the student driver. Also, according to the NHTSA study, PTDE students have fewer traffic violations or accidents while they are driving with a parent in the car to supervise them.

However, once the parents were no longer in the car with the students, the NHTSA study found that the numbers changed. Parent-taught drivers were far more likely to commit traffic violations than their conventionally-schooled counterparts were. Parent-taught drivers were also more likely to be involved in Texas car accidents, and the accidents they had were generally more serious, than the accidents their conventionally-schooled counterparts had. Although the NHTSA study itself did not express an opinion as to why parent-taught drivers had more tickets and accidents, the professional driver education teachers NHTSA interviewed as part of their study opinioned that parent-taught drivers fared worse because few parents have the training and experience to teach a comprehensive driver education course.

Safe driving helps reduce accidents, especially in traffic-heavy Texas cities. Unfortunately, many drivers find themselves in car accidents no matter how carefully they drive. When an accident occurs, an experienced Dallas car accident attorney can help you understand your legal options and protect your legal rights.

Lead poisoning occurs when the human body contains too much lead and it is especially harmful for children, whose developing brains can be permanently damaged by too much lead. Although lead poisoning has decreased n the U.S. in the last twenty years, instances of lead poisoning still occur. The U.S. Centers for Disease Control and Prevention offer the following tips for keeping lead away from your family.

The most common source of lead poisoning is lead paint. Lead was banned in U.S. paints in 1978, but older houses may still have lead pain on their walls. This paint comes off over the years as dust, which may coat every surface in the house. If you suspect there may be lead paint in your house, have a professional test for lead and remove the paint if necessary.

If you can’t afford testing or paint removal, make sure there is no peeling paint or painted surfaces that your child can pull or chew on. If you’re pregnant or have young children, avoid entering buildings that are being renovated, since the renovation process can release lead paint dust into the air. Use a wet mop regularly to remove dust from your home’s floors, and use a wet cloth or sponge to wipe down walls and surfaces to remove dust. Wash children’s toys regularly, and teach children to wash their hands after playing with toys. Also, check the Consumer Product Safety Commission website http://www.cpsc.gov/ for recall notices, and do not let kids play with toys that have been recalled due to their lead content.

Many U.S.-made products must be lead-free, but that does not mean that you won’t find any products with lead. If you or a loved one is suffering from lead poisoning, and you suspect a household item is to blame, don’t hesitate to discuss the problem with an experienced Texas lead poisoning attorney. An attorney can help you figure out what happened and give you the information you need to understand and protect your family’s legal rights.

Nine members of the Trinity United Methodist Church in Denton, TX recently filed suit against the driver of their tour bus, which crashed on an icy Colorado road in December 2010 and caused them injuries. The suit also names the driver’s employer, a bus company located in Fort Worth, according to an article published in The Forth Worth Star-Telegram.

According to the church members, the bus driver is responsible for their injuries because he was driving too fast on icy roads when the bus accident occurred. The driver reportedly passed multiple cars and was traveling too fast for the ice on the roads and the snow and darkness that obscured the road ahead. The bus slid off the road near Gunnison, Colorado, where it rolled down a hill and struck a post. The driver was cited for speeding by Colorado police.

In addition, the nine injured church members claim that the driver failed to meet federal requirements while on the job. These included failing to keep track of the bus’s stops, including a meal break, and failing to use adaptive equipment while driving, even though the driver’s right foot had been partially amputated.

The nine church members who decided to sue the bus driver all suffered injuries in the December crash. The group includes four children, their parents, and another adult couple who were injured.

Bus accidents are dangerous to everyone involved. The large number of passengers a bus can hold, plus the bus’s size and weight, make a bus accident a prime scene for injuries. Often, injuries in a bus crash are severe, requiring expensive medical treatment and long-term care or rehabilitation. While most bus drivers take their safety responsibilities seriously, drivers who are reckless or distracted put everyone on the road at great risk. If you have been injured in a bus accident, an experienced Texas bus accident attorney can help you understand your legal rights and options, as well as help you seek compensation for injuries and related losses, if needed.

An SUV rear-ended an elementary school bus in Weatherford recently, according to an article in The Fort Worth Star-Telegram. The SUV’s driver and two children who were exiting the bus at the time of the accident were injured.

The bus had stopped along Fort Worth Highway to let children out when the SUV, driven by a Millsap woman and carrying her three children in the backseat, ran into the back of the bus. The collision pushed the bus forward about 15 to 20 feet, breaking glass in some of the bus’s windows. The bus driver immediately evacuated the 49 passengers aboard the bus, believing the vehicle was on fire after the Texas car crash.

The SUV’s driver was taken to John Peter Smith Hospital in Fort Worth after rescue crews removed her from the SUV, the front of which had gotten stuck under the front of the bus. The bus’s passengers and the three children in the SUV were sent home with their parents. The two injured children were taken to Weatherford Regional Medical Center as a precaution, but they were not seriously injured and were sent home with their parents shortly afterward. Police are still investigating the cause of the accident.

Bus and car accidents can cause life-threatening and permanent injuries. Those who are injured in accidents in Texas have certain legal rights. Consulting with an experienced Texas bus accident lawyer can help you understand your legal rights and options so you can make the best choices for yourself and your family after an accident occurs.

Immediately after a car crash in Texas, you may not feel as though you were injured. Many symptoms of an injury only appear after several hours or even days following an accident. Whiplash injuries, which are common in rear-end collisions and other types of car accidents, may take several days to show their true severity.

A whiplash injury, also known as a neck sprain or neck strain, is a soft tissue injury that occurs when the head and neck are thrown forward and jerked backward quickly, according to the National Institute of Neurological Disorders and Stroke. Moderate to severe whiplash injuries may also cause damage to the discs and joints in the spine, ligaments, muscles, and nerve roots in the neck.

The symptoms of a whiplash injury may appear immediately after an accident, or they may not appear for several days. Common symptoms include neck pain or stiffness, head pain, dizziness, and pain in the shoulders or upper back. Some patients also have cognitive injuries, such as suffering from memory loss, sleep disturbances, and an inability to concentrate.

Whiplash injuries should be treated as soon as possible after they materialize. Medications like non-steroidal anti-inflammatories, antidepressants, and muscle relaxants can help ease the pain and stiffness of a whiplash injury. Patients may also wear a cervical collar for a few days or weeks until the neck heals enough to support the weight of the head on its own. Physical therapy sessions may also be necessary to help speed recovery.

If you are in a car accident in Texas, it’s important to pay careful attention to your condition in the hours and days after the accident occurs. Even if you feel fine immediately after, you may still be injured. Seek the help of an experienced physician to treat your injuries, and consider talking to an experienced Texas car accident neck injury lawyer who understands whiplash injuries to learn more about your rights and options after a car crash.

According to the U.S. Centers for Disease Control and Prevention (CDC), over 4.7 million Americans are bitten by dogs every year. Of these, 800,000 people – including 400,000 children – are bitten badly enough to see a doctor. Approximately 386,000 people go to emergency rooms for treatment each year after a dog bite. Dog bites also claim about sixteen lives per year in the U.S.

In order to help prevent dog bite injuries, the CDC recommends a number of things you should consider before getting or approaching a new dog. For example, before getting a dog, research various dog breeds to learn which would be the best fit for your family. If your child is afraid of dogs, do not bring a dog into the household until your child is comfortable around them. When choosing a dog, select one that is properly socialized and trained, or ensure that you give your dog proper socialization and training to prevent dog bite attacks. And finally, consult a veterinarian or animal behavior specialist if your dog starts showing signs of aggression, fear, or similar emotions that can lead to biting.

You can also help protect your kids from dog bite injuries by ensuring they know how to act safely around a dog. Teach children not to approach an unfamiliar dog and always to ask a dog’s owner if it is okay to pet the dog. If the dog approaches your children, teach them to stand still and not to run screaming. Remind children never to bother dogs who are sleeping, eating, or taking care of their puppies, and if they are bitten, to tell an adult immediately.

Dog bites can often be prevented by knowing how to live with and near dogs. However, if you or your child suffers a dog bite, an experienced Texas dog bite injury lawyer can help you understand your legal rights and options regarding pursuing a case against a negligent dog owner. Always seek medical care for a dog bite first, and then consider consulting an attorney.

In Texas, until recently, the law has been that if a property owner knows about a hazardous condition on their property, the owner can protect against liability for injuries by warning others about the dangerous condition. However, the Texas Supreme Court recently held that, in some cases, not even the strongest warning is enough to protect a property owner.

In Del Lago v. Smith, Smith was at a fraternity party held at the Del Lago resort. Over the course of the evening, the fraternity got into a verbal argument with a wedding party also celebrating at the resort. Both the fraternity and the wedding party got increasingly drunk as the night wore on, and eventually the argument turned into a physical fight. Smith got involved and suffered a fractured skull.

The Texas Supreme Court held that, because Del Lago was aware the argument was likely to turn into a fight and had over an hour and a half to break it up before the fight started, Del Lago was therefore liable for not taking a “reasonably prudent” action to prevent the fight from hurting Smith or other patrons. The Court stated that “in some circumstances, no warning can be adequate,” but it did not explain how to recognize situations in which no warning could be enough.

Protecting patrons from injury is part of a business’s duty under Texas law. When a business’s negligence or carelessness leads to a patron getting hurt, the business may be liable under Texas premises liability law for medical expenses, lost wages, and other damages. This rule reminds businesses yet again to watch out for their patrons to avoid a Texas premises liability case.

City engineers have named the intersection of Main Street and State Highway 121 as the most dangerous intersection in The Colony, a suburb of Dallas, according to a recent report by NBC Dallas-Fort Worth. The second most dangerous intersection in the area is the crossing of Paige Road and Highway 121, just half a mile away.

Nearly 200 car crashes have occurred in these two intersections in the past two years.

According to city engineers, both intersections allow drivers to turn left on a green light, as long as they yield to oncoming traffic. However, these engineers note that drivers are failing to yield, which results in collisions. Although city engineers would like to install left turn lights with green arrows and a dedicated left-turn lane, the city is not permitted to change the intersections on its own. Rather, it must convince the North Texas Transit Authority and the Texas Department of Transportation to change the lanes and the signals.

To speed up the process, city engineers began officially documenting the crashes, discovering that 68 percent of the Paige Road intersection’s collisions occurred on a left turn, and 72 percent of the Main Street collisions involved a left turn. The city hopes that transportation officials will move quickly now that there is documented evidence of the dangers of the intersections.

Dallas car accident attorneys are concerned about the dangerous intersections in Texas that present a particular risk to drivers, even when they are driving carefully. Stay safe everyone!

At least three people were injured recently when a passenger car and a truck hauling fuel crashed on Interstate 30 west of downtown Dallas, according to a recent news report from KWTX. The crash ignited the fuel, causing the tanker truck to explode, which shut down both sides of the interstate.

The driver of the fuel tanker and two people riding in the car were taken to a local hospital for treatment, which were not reported to be life-threatening. No one was killed in the crash or the resulting explosion.

According to Dallas Fire-Rescue personnel, the fuel truck struck the median, resulting in the explosion. At least one car was also involved in the crash, but police are not yet certain how the accident occurred or in which order the vehicles collided with one another or the median. They are also investigating the source of the explosion.

The explosion rattled doors and windows in nearby homes. Both the sound and the fire could be seen from several miles away. Dallas Fire-Rescue crews noted that some of the fuel spilled into a nearby creek, but did not say whether plans have yet been made to clean up the contamination.

The Texas Department of Transportation plans to inspect the section of I-30 where the accident occurred. The inspection will verify that the damaged roadway is safe to drive on. Meanwhile, traffic will be rerouted to avoid the area.

Most U.S. truck drivers work hard to prevent accidents on their routes. Unfortunately, no driver can avoid all possible accidents. Texas motorists who suffer injuries in a collision have certain legal rights and options to help them obtain compensation and move forward after an accident. An experienced Texas truck accident attorney can help injured motorists in Texas learn about their rights and protect them in court.

Snow, ice and cold weather combined to cause several accidents in Collin County and the Dallas-Fort Worth area this month, including an accident in McKinney that claimed the life of a 21-year-old driver, according to a recent article in The Allen American.

The deceased was riding with his father on State Highway 121, when a patch of ice caused their vehicle to skid out of its lane and into oncoming traffic. The car sideswiped a passenger van, which spun around but managed to stay on the road. The car in which the young man and his father were traveling, however, ended up in a ditch. Although rescue crews rushed to the scene, the 21-year-old was unable to survive his injuries, according to the Texas Highway Patrol. Neither of the drivers was seriously hurt.

Although the car was reportedly traveling at or under the posted speed limit, the ice made the roads too dangerous to drive safely at that speed, state troopers noted. Icy roads were responsible for at least eleven other serious accidents in addition to the accident that claimed this young man’s life. At least 32 minor accidents were reported in Allen in the days immediately following the storm, but no one was seriously injured.

Texas state troopers suggest that drivers pay careful attention on slick roads by driving slowly and leaving plenty of room between vehicles to stop. They remind Texas drivers that, while four-wheel drive may help you move through snow, it will do nothing to stop your vehicle, especially if you skid out of control on ice. Driving carefully or postponing your trips altogether is the best way to prevent Texas motor vehicle crashes. When an accident occurs, however, learn how to protect your legal rights by talking to an experienced Texas car accident attorney.

Sassy, Inc., a Michigan-based maker of baby toys, and the U.S. Consumer Product Safety Commission have issued a recall of Sassy’s “Refreshing Rings” infant teethers and rattles. Pieces of plastic may fall off the teether/rattle when it is chewed, making it easy for children to accidentally swallow the plastic.

So far, Sassy, Inc. and the CPSC have received one report of plastic bits falling from the polka-dot end of the teether/rattle when a baby chewed on it. No injuries have been reported, however.

The “Refreshing Rings” teethers/rattles being recalled have a red ring filled with water on one end and a polka-dot plastic ball on the other end. The middle of the teether/rattle is a black and white plastic rod with three “floating” rings attached. The rings’ packaging displays the style number 80026. They were sold in mass merchandising store for about $5.00 apiece, and about 37,000 were sold from July 2009 to January 2011. The toys were made in China.

The CPSC advises parents and caregivers to take the teether/rattle away from infants and children. The toy can be returned to Sassy for a refund by calling 800-323-6336 or visiting http://www.sassybaby.com. In addition, the CPSC asks that any reports about the toy’s defects or injuries caused by the toy be submitted at http://www.cpsc.gov.

Parents do their utmost every day to provide the best possible environment for their babies and children. Unfortunately, parents must often rely on makers of children’s products to use child-safe materials that will not hurt children or make them ill. When a manufacturer doesn’t take this duty seriously, consumers can be seriously injured by a defective, dangerous product. Texas law provides legal rights and remedies for those who are injured by defective products. An experienced Texas product liability attorney provides an excellent resource for learning what your rights are and how to protect them.

The Federal Motor Carrier Safety Administration (FMCSA) enforces regulations that govern truck drivers and other commercial motor carriers. The agency is concerned with the safety of truck drivers, who spend a great deal of time on the road. The following tips are from the FMCSA on how to avoid driver fatigue and are designed for truck drivers, but any driver can use these tips to help prevent traffic accidents.

Know the signs of drowsiness. Frequent yawning, heavy eyes, and blurred vision all indicate you’re getting drowsy, even if you don’t feel particularly tired. If you start to notice these symptoms, pull over. Being awake for 18 hours straight puts you at the same risk for a crash as someone whose blood alcohol content (BAC) is 0.08, according to the FMCSA.

Get enough sleep. The human body is naturally drowsy between midnight and 6 a.m. and between 2 p.m. and 4 p.m., reports the FMCSA, so it’s wise not to drive at these times. Instead, use this time to make sure you’re getting an adequate amount of sleep. If you find yourself getting sleepy while driving, pull over in a safe place and rest.

Maintain a healthy diet. Not eating can cause fatigue and dizziness or lightheadedness, while eating irregular meals may interfere with the quality of your sleep.

Take a nap. When you feel sleepy, take a nap if possible. A short nap of at least 10 minutes can help restore energy and alertness. To prevent fatigue from affecting your driving, schedule your naps so you get rest before you feel drowsy.

Avoid medications that cause drowsiness. Cold medication is especially notorious for causing drowsiness that can affect your driving, according to the FMCSA. A recent study showed 17 percent of truck drivers who were in crashes had taken cold medicine before the crash. If you must drive with a cold, the FMCSA recommends avoiding cold medication, as the symptoms of your cold are less likely to interfere with your driving than the cold medicine.

By avoiding fatigue, you can help prevent car accidents. Unfortunately, even the most careful drivers may be involved in an accident with someone who is not being as cautious. When a car accident results in injury or death, an experienced Texas personal injury lawyer can help you understand your legal rights and options.

The National Highway Traffic Safety Administration estimates that as many as 100,000 car accidents each year are caused by driver fatigue. Fatigue can cause a condition known as “road trance.” In road trance, a driver’s alertness and reaction times are slowed. These drivers may not be aware of objects or people in their path until it is too late to prevent a crash.

Driver fatigue has several possible causes. These include poor sleep, lack of exercise, and driving for long periods of time without rest. The Texas Department of Insurance notes that it is possible to stave off driver fatigue before you even get in the car by getting proper sleep before a road trip, eating a light, well-balanced meal, stopping to rest or switching drivers every few hours, and avoiding long trips at night.

You can also prevent fatigue-related accidents in Texas by recognizing the symptoms. Symptoms of driver fatigue include an eye burning sensation, heaviness, or inability to focus; back tension, muscle twitching, or a feeling of heaviness in the muscles; wandering thoughts; and excessive yawning or shallow breathing.

If you start to experience these symptoms, stop for a rest. Get out of the car and walk around, or take a nap of no more than twenty minutes, if possible. Other ways to combat fatigue while driving include keeping the car cool and well-ventilated, changing radio stations frequently, actively looking for road signs, and talking to other people in the car. Try to avoid driving at hours when you would normally be asleep, and never drive under the influence of alcohol or medications that make you drowsy.

Being completely alert and attentive while driving helps curb car accidents in Texas and throughout the nation. Make preventing driver fatigue a habit.

A car accident in Texas can happen at any time. Even if you are driving carefully, other drivers may not be taking the same precautions. The Texas Department of Insurance offers a number of tips for drivers who are involved in car accidents. If a Texas vehicle collision occurs, here’s what you should do:

1. Safely move your car out of the way of traffic as soon as possible. If you can’t move your car or if someone is injured, call 911 immediately. Also call 911 if you are a victim of a hit and run driver. Your insurance company may refuse to pay for damage caused by a hit and run driver unless you report the incident to police.
2. Trade names, addresses, phone numbers, and insurance information with the other driver(s). If there are any witnesses to the accident, trade names and contact information with them as well.
3. If the other driver refuses to give you his or her insurance information, you can request a copy of the police accident report, which should contain this information. If the police did not investigate the accident, you can report the other driver’s refusal to trade insurance information to the police.
4. Contact your insurance company to file a claim as soon as possible. Many insurance companies include a toll-free number for reporting claims on your insurance card. You may also contact your insurance agent, who will be able to contact the insurance company or will tell you how to do so. Cooperate with your insurance company by submitting any required forms, appearing promptly for any required medical examinations, and sending copies of the police accident report to your insurance company.
5. If you develop symptoms of injury, such as neck or back pain, do not ignore them. Seek medical help. These symptoms may not appear immediately after the accident, but may take a few days to show up.

While these suggestions as to what you can do after an auto accident should be helpful, everyone is responsible for their own actions after a collision. Make the right choices and be safe!

On any given day, a car-train crash is far less likely than a multiple-car accident.

Yet a car collision with a train can cause far more severe injuries, and it can easily result in death.

If your car stalls or stops on the train tracks, get out immediately. If a train is coming, turn to face it, and then walk at a 45-degree angle away from the train and your vehicle in order to be out of the way of flying debris. Call the railroad’s emergency phone number or 911 and tell them there is a car stalled on the tracks and you need help. The railroad’s phone number and the Department of Transportation number for the crossing should be posted on one of the crossing signs or on railroad equipment.

To protect yourself and your passengers, practice these railroad crossing safety tips, courtesy of the Federal Railroad Administration:

• Approach the train crossing with care. Use your brake lights and hazard lights to warn those behind you that you are slowing down, and stop 15 to 50 feet from the closest rail.
• Stop, look, and listen. Roll down your windows and turn off the car radio. Move your head and body as necessary so you can see around any obstacles, like crossing signs.
• Keep looking and listening as you cross the train tracks. Use the highest gear that you can, but do not shift gears while on the tracks.
• Once you have started crossing the tracks, do not stop, even if the lights begin to flash or the crossbars come down.

Even the most careful drivers may be involved in a car accident or train accident. When an accident occurs, Texas residents have certain legal rights and options. An experienced Texas train accident attorney can help those injured in an accident find the answers and compensation they need in order to move forward with their lives.