I was injured in a car accident, how do I collect from the responsible driver?
I was injured in a car accident, how do I collect from the responsible driver?
You have been in a car accident, the other driver is clearly at fault and you require medical attention. You call the other driver’s insurance carrier and they ask you to give a recorded statement about what happened. A few days later you receive a letter saying, “after a careful review of the circumstances the Acme Insurance Company has determined that our insured driver is not at fault.” The letter ends with a polite, but irritating closing sentence, “Thank you for your inquiry.”
In Texas in order to collect from a driver after he has caused an accident and caused property damage or physical injury it must be proved that the driver was negligent, grossly negligent, or acted intentionally. Generally, car accidents involve simple negligence. The definition of negligence that Texas Courts use is as follows:
The failure to use the degree of care that a person of ordinary prudence would use under the same or similar circumstances. Negligence may consist of doing something that a person of ordinary prudence would not have done, or in failing to do something that a person of ordinary prudence would have done, under the same or similar circumstances.
To prevail in a claim for damages caused by negligence, the person bringing the action must typically show: (1) that the person causing the injury had a duty to the injured person or to the general public, (2) the actions of the person who caused the injury were not what a reasonably prudent person would have done, and (3) that damages were caused by the negligent actions.
If a jury or judge finds that the accident was indeed the fault of the other driver then damages need to be proven-up. Depending on the circumstances, an injured party may be able to collect for pain and suffering, mental anguish, medical bills, lost wages, and property damage. The preceding definitions and considerations sound fairly straightforward, but often become complicated by facts specific to the situation. If you have been in an accident and have had no luck dealing with the insurance company, or just don’t want to try to resolve the situation by yourself contacting a lawyer is an option.
The law firm of Van Wey & Johnson is dedicated to the protection of client rights. This blog is not intended to be specific legal advice; rather each situation must be reviewed to determine the rights and duties that may be presented by each unique set of circumstances. If you believe you have been injured through the negligence of others please fell free to contact us through our website, http://www.vanweyjohnson.com/.
Government Forbids Truckers from Texting While Driving
Government Forbids Truckers from Texting While Driving
The U.S. Department of Transportation has weighed in on the dangers of texting while driving by officially banning drivers of commercial vehicles and vehicles weighing more than 10,000 pounds from texting behind the wheel. Although enforcement of this ban will be difficult, truckers face a hefty fine of up to $2,750 if they are caught.
According to the government (www.distraction.gov) distracted driving is a potential cause of fatal accidents involving commercial trucks every year. The government recognizes that there are three types of distracted driving:
1. Visual (taking your eyes off the road)
2. Manual (taking your hands off the wheel)
3. Cognitive (taking your mind off what you are doing)
“CELL PHONE TEXTING IS A PARTICULARLY ALARMING ACTIVITY BECAUSE IT COMBINES ALL THREE TYPES OF DISTRACTIONS”.
Trucks and truckers pose potential safety hazards for ordinary citizens on the roads. According to a study performed by the Virginia Tech, when truckers text they are “23 times more likely to be involved in an accident or a close call”. The jury is still out on whether the ban on texting is going to make any difference in terms of reducing truck wrecks, but hopefully the threat of a subsantial fine will deter truckers from texting while driving.
Van Wey & Johnson is dedicated to the protection of individuals injured due to the negligence of others. This blog is not intended to be specific legal advice; rather each situation must be reviewed to determine the rights and duties that may be presented by each unique set of circumstances. If you believe you have a claim please contact us at http://www.vanweyjohnson.com
DRIVER DISTRACTION IS DANGEROUS
Incidence and Safety Consequences of Driver Distraction
Drivers have often experienced distractions due to other passengers, operating a radio or eating food, among other activities. Drivers are now more distracted by new technologies and innovative features available in their vehicles or in portable devices that they bring into the vehicle. They give drivers the opportunities to place calls, obtain directions, send text messages or e-mails, and choose from many multi-channel music and entertainment options. Through wireless communications, drivers may receive information about real-time traffic reports, parking information, and advertising for nearby businesses.
The National Highway Safety Administration (NHTSA) has studied the effects of distraction. Some of the data is compiled from police-accident-report-based systems. The Fatality Analysis Reporting System (FARS) is a census of fatal crash data assembled by NHTSA. In addition to fatality data, the National Automotive Sampling Systems (NASS) General Estimates System (GES) provides a sample of all police-reported crashes to estimate the number of injured people and to gather information about crashes of varying severity.
According to NHTSA, estimating the role of distraction from these crash databases is difficult because the police-reported distraction and inattention data appear to have a wide degree of reporting and collection variability. Despite the limitations in this data collection, NHTSA’s data shows that almost 5,870 people died and an approximately 500,000 people were injured in crashes that were reported to have involved distraction in 2008.
Another source of data is the National Vehicle Crash Causation Survey (NMVCCS). This nationally representative database consists of on-scene, in-depth multidisciplinary investigations of 6,949 crashes that occurred between 2005 and 2007. This in-depth, on- site approach provides more details than typical police reports about the driver, vehicle, and traffic characteristics associated with distraction-related crashes. This data indicates that distractions internal to the vehicle were a critical reason in about 11 percent of crashes studied. An analysis of the types of internal distractions found that about 0.2 percent of drivers were dialing or hanging up phones, about 0.9 percent were adjusting radios/CDs or other controls, and about 12 percent were conversing with passengers or on cell phones. Drivers 16 to 25 years old had the highest percentage of being engaged in at least one interior non-driving activity (6.6%).
These studies confirm that distraction is a common occurrence while driving; many distractions increase the relative risk of crashes and near-crashes, and distractions that require drivers to take their eyes off the road are major safety problems.
Now that the government has assembled it’s data and fully realizes the safety consequences of driver distraction we hope to see more government initiatives to address this critical threat to the public safety.
Van Wey & Johnson is dedicated to the protection of individuals injured due to the negligence of others. This blog is not intended to be specific legal advice; rather each situation must be reviewed to determine the rights and duties that may be presented by each unique set of circumstances. If you believe you have a claim please contact us at http://www.vanweyjohnson.com
Unsafe Trucks On Our Nation’s Roadways
Unsafe Trucks on our Nation’s Roadways
A newly released survey of government data revealed that more than 200,000 trucks are currently operating in violation of federal safety laws. We share our roadways with trucks that are operating with safety violations, such as faulty brakes, bad tires and loads that exceed safe weights. Also, the operators of these trucks are sometimes insufficiently trained and/or suffering from alcohol or drug dependence.This data was obtained through the Motor Carrier Management Information System, which is maintained by the Federal Motor Carrier Safety Administration (FMCSA).
According to the FMCSA, more than 4,000 people die each year in collisions with trucks and 80,000 are seriously injured. Furthermore, trucks account for 12% of all motor vehicle fatalities. Many of these truck injuries and fatalities would not have occurred if trucking companies adhered to safety standards. When trucking companies put profits over safety it endangers each of us on the roadways every day. In the event of a truck collision it is important that the undelying causes be investigated as soon as practical.
Van Wey & Johnson is dedicated to the protection of individuals injured due to the negligence of others. If you or a loved one has been injured in a n accident involving a commercial vehicle, please contact us for a free consultation at at www.vanweyjohnson.com.
The Causes of Large Truck Crashes
The Causes of Large Truck Crashes
The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) performed a Large Truck Crash Causation Study which was provided to the United States Congress.
The Large Truck Crash Causation Study analyzed nearly 1,000 injury and fatal crashes involving large trucks that occurred between April 2001 and December 2003. A large amount of data was gathered about the vehicles and drivers, weather and roadway conditions, and trucking companies involved in the crashes.
Below is a table illustrating the associated factors present with the truck driver involved in the truck crash.
Table 8 – Estimated Number of Trucks in All Crashes by Associated Factor
| Top 20 Factors | Number of Trucks* | Percent** |
| Drivers | ||
| Prescription Drug Use | 37,000 | 26.3% |
| Traveling Too Fast for Conditions | 32,000 | 22.9% |
| Unfamiliar with Roadway (Less Than 6 Times in 6 Months) | 30,000 | 21.6% |
| Over-the-Counter Drug Use | 24,000 | 17.3% |
| Inadequate Surveillance | 19,000 | 13.2% |
| Fatigue | 18,000 | 13.0% |
| Under Work-Related Pressure | 13,000 | 9.2% |
| Illegal Maneuver | 13,000 | 9.1% |
| Inattention | 12,000 | 8.5% |
| External Distraction Factors | 11,000 | 8.0% |
| Inadequate Evasive Action | 9,000 | 6.6% |
| Aggressive Driving Behavior (Tailgating, Weaving, Other) | 9,000 | 6.6% |
| Unfamiliar with Vehicle (Less Than 6 Times in 6 Months) | 9,000 | 6.5% |
| Following Too Closely | 7,000 | 4.9% |
| False Assumption of Other Road Users Actions | 7,000 | 4.7% |
| Vehicle | ||
| Brake Failure, Out of Adjustment, etc. | 41,000 | 29.4% |
| Environment | ||
| Traffic Flow Interruption (Previous Crash, Congestion, Other) | 39,000 | 28.0% |
| Roadway Related Factors | 29,000 | 20.5% |
| Driver Required To Stop Before Crash (Traffic Control Device, Other) | 28,000 | 19.8% |
| Weather Related Factors | 20,000 | 14.1% |
| Other Factors | ||
| Cargo Shift | 6,000 | 4.0% |
| Driver Pressured To Operate Even Though Fatigued | 5,000 | 3.2% |
| Cargo Securement | 4,000 | 3.0% |
| Illness | 4,000 | 2.8% |
| Illegal Drug Use | 3,000 | 2.3% |
| Alcohol Use | 1,000 | 0.8% |
Notes:
*Estimates are rounded to the nearest 1,000.
**Percents are calculated on unrounded weighted numbers.
Source: LTCCS Database, July 2005.
http://www.fmcsa.dot.gov/facts-research/research-technology/analysis/ltccs.htm
The facts speak for themselves and are an important reminder that truck driver fatigue, prescription drug use, inadequate training and carelessness are frequently factors in large truck crashes which often lead to serious injuries and death of innocent victims. Unfortunately, too many people are killed or seriously injured in truck accidents every year. Often times, it takes thoruough investigation and a relentless pursuit of the truth to uncover the real causes of these accidents.
Van Wey & Johnson is dedicated to the protection of individuals injured due to the negligence of others. This blog is not intended to be specific legal advice; rather each situation must be reviewed to determine the rights and duties that may be presented by each unique set of circumstances. If you believe you have a claim please contact us at http://www.vanweyjohnson.com
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