Archives for July 2018

Sharing the road with large trucks, buses, and other commercial vehicles requires being aware of the challenges drivers of these types of vehicle have, compared to a normal vehicle. To begin with, the size and weight of the commercial vehicle are significantly more.

Since commercial vehicles weigh more, they require much longer stopping distances to come to a complete stop on both wet and dry surfaces. Another key difference? It is not as easy for the truck driver to see in blind spots or “no zones.”

Truck drivers cannot see vehicles when they are hidden in the “no zones.” Truck drivers have no idea they are there, which can lead to a serious accident. When driving around commercial vehicles, be aware of these “no zones” and avoid remaining in them for long. Some of the more common blind spots are:

• The entire right-hand side of the truck.
• The space directly in front of the truck.
• The space directly behind the truck
• The left-hand side of the truck from the truck cab to the end of the trailer.

The best way to avoid getting into an accident with a large commercial vehicle is to practice cautious driving habits. To learn more about these habits, as well as other interesting truck accident statistics and details, we encourage you to continue reading and reviewing the following infographic.

After doing so, if you or loved ones have sustained personal injuries from a truck accident, you may be entitled to certain monetary compensation for your injuries. Please feel free to contact the Houston TX auto accident lawyers at Schechter, McElwee, Shaffer & Harris, L.L.P. today!

Houston traffic is considered to be one of the busiest in the state. There are several interstates (10, 45, 69, and 610), U.S. highways (90 and 290) and state highways (6, 8, and 288) that all crisscross the greater Houston area. In addition, there are numerous roadways that connect different areas of the city.

On these roads with other motorists is an abundant number of semi-trucks. These big rigs are either passing through the Houston area, picking up loads in the area, or making local deliveries. Driving around semi-trucks requires practicing safe driving habits and being aware of how your actions could affect that of the semi-truck driver and either prevent or cause a big rig accident.

To help you avoid and reduce risks of accidents with big rigs and other motorists, our truck accident lawyers want to remind you to practice the following safe driving tips all of the time:

1. Always wear your seatbelt. It is a proven fact that wearing seatbelts does save lives and can reduce the extent of injuries during an accident.
2. Never drive above the posted speed limit. It can seem hard to follow the posted speed limit when everyone else is zipping past you at excessive speeds. However, driving at or just below the speed limit is safer.
3. Maintain a safe following distance. You should make sure the distance between you and the vehicle or semi-truck in front of you is sufficient and provides plenty of space if you have to stop suddenly. If someone pulls in front of you, which does happen, simply slow down and increase the distance.
4. Enable new car safety features if equipped. If your vehicle has adaptive cruise control, blind spot detection, or forward collision prevention, make sure these are enabled. While these features do not fully replace being a safe driver, they do help supplement safe driving habits and could prevent an accident.
5. Never drive a vehicle that needs to be repaired. If your vehicle has balding tires, needs new brakes, or has other problems that affect its safe operation, do not drive it. You are only increasing the risks of causing an accident.
6. Put down the smartphone. Distracted driving accounted for 100,687 accidents out of the 537,475 accidents on Texas roads in 2017, according to information provided by the Texas Department of Transportation. Out of the 100,687 accidents, 2,889 involved serious injuries and 444 deaths.¹
7. Don’t remain in the left lane on multiple lane highways. The left lane on multiple lane highways is for passing. By remaining in this lane, you are forcing other motorists to pass on the right, which increases the risks of accidents.
8. Be aware of aggressive drivers and give them room. If you notice a vehicle weaving in and out of traffic, driving at excessive speeds, tailgating, or speeding up and then slamming on the brakes, put as much distance between you and them as possible.
9. Slow down in construction zones. Driving through construction zones can require unexpected lane shifts, tighter corners, and restricted/narrow roadways. Reduce your speed and adhere to the posted construction zone speed limit.
10. Do not drive under the influence of alcohol or drugs. According to data collected by the Texas Department of Transportation, someone is injured or killed in an accident involving alcohol about every 20 minutes. In 2016, there were 17,434 DUI accidents in the state, with 1,492 of those occurring in Houston.

Special Safe Driving Considerations Around Semi-Trucks

In addition to practicing the above safe driving tips, there are some special safe driving considerations you must also use when driving around semi-trucks. Semi-trucks are much bigger than your average car, crossover, SUV, or truck. They can weigh anywhere from 10,000 pounds to 80,000 pounds for a fully loaded big rig.

Now, compare this to the average weight of a motorcycle, which is around 604 pounds, and the average weight of most vehicles, which is around 2,871 pounds.⁴ It is easy to see that, when it comes to an accident involving a semi-truck, in most cases there will be serious if not fatal injuries.

To reduce the risks of being involved in a serious, if not fatal, accident with a semi-truck, remember to practice these additional safe driving tips:

• Do not pass a semi-truck on the right side. The right-hand side of a big rig is one big blind spot. The truck driver cannot see you easily and may not even know you are in the right-hand
• Give the semi-truck the right-of-way when it is changing lanes. If you notice a semi-truck is attempting to change lanes, slow down and let it in.
• Be aware of semi-trucks attempting to merge onto the highway and move over. If you see a semi-truck coming onto the highway, move temporarily into the left-hand lane to allow it sufficient space to get onto the highway.
• When passing a semi-truck, make sure to allow sufficient space before returning to the lane in front of the truck. Big rigs have much longer stopping distances. You need to account for this when changing lanes and getting in front of a big rig. If you need to stop suddenly and there is not sufficient space, you will be rear-ended.
• Move over to the left lane or slow down when passing a broken down semi-truck on the side of the road. If you see a semi-truck has broken down, chances are the driver is around somewhere. You should move to the left lane on a multiple lane road or slow down. For single lane roads, slow down to 25 mph, which gives you plenty of time to stop suddenly if the driver steps out onto the road in front of you.
• Be patient when a semi-truck is passing another semi-truck. Back off and give the semi-truck in front of you some space. It can take several minutes before a big rig can safely pass another one. It has to not only clear the truck next to it but also make sure there is sufficient space in between the other truck before it can switch lanes.
• Don’t let a semi-truck tailgate your vehicle. Unless you are in stop and go traffic that is moving less than 25 mph, you do not want a semi-truck right on your rear. If you need to stop suddenly, it will not have sufficient space to stop without hitting you and causing serious if not fatal injuries.

Be Aware of a Semi-Truck’s No Zones/Blind Spots

Most vehicles have blind spots on the sides where other vehicles can remain hidden. With semi-trucks, there are several more blind spots or “no zones” you need to know about to help reduce the risks of getting into an accident:

• Directly in front of the semi-truck. There is a blind spot of about 20 feet directly in front of the big rig where the driver will not be able to tell if a car is in front of the truck.
• Directly behind the semi-truck trailer. The truck driver cannot see you if you are directly behind the truck and hidden by the truck’s trailer.
• The right-hand side of the truck. As mentioned previously, just about the entire length of the right-hand side is one big blind spot where a trucker will not see you.
• The left-hand side from the rear of the cab to the end of the trailer. Truck drivers will not see you if you are riding in their blind spots on the left side of the trailer. Don’t remain in the spot for long when passing a semi-truck.

Inclement Weather Driving Tips

Driving in inclement weather does require adjusting your safe driving habits. The most common type of bad weather Houston drivers have to face are severe thunderstorms, heavy rain showers, and fog. In addition, there are occasional tropical storms and hurricane conditions that make driving more difficult.

• Slow Down: On wet roads, especially after a dry spell, there will be oil on the roads which makes them slick and slippery when the rain begins. In addition, heavy rain and windy conditions can make operating and controlling your vehicle more difficult. Reducing your speed helps you maintain better control over your vehicle.
• Increase Following Distances: On wet roads, it can take longer to come to a full and complete stop. You should double the amount of space you normally use in dry condition to ensure you have plenty of room to stop safely.
• Turn on Your Headlights: When it is raining, you want to be seen by other motorists and truck drivers. If your wipers are on, your headlights should be on, too.
• Don’t Drive if You Don’t Feel You Can: If it is raining too hard to see or the fog is too thick, then don’t get behind the wheel. If you are already on the road, find a safe area to pull over and wait for conditions to improve.
• Don’t Use Hi-Beams in Foggy Conditions: Hi-beams will make it harder for you to see and should not be used. If you have fog lights, turn those on, since those point downward at the ground and can help.
• Allow for Increased Space When Passing: Semi-trucks will also require longer stopping distances in wet conditions. Make sure to double the space in front of the truck before pulling in front of it.

• Don’t Drive if It Snows: Houston doesn’t get much snow that often, but it does happen. If it does snow and temperatures are below freezing, you should stay off the roads, as icy overpasses and bridges are possible.

While accidents with semi-trucks are not always possible to avoid, everyone can do their part by practicing these safe driving habits to help lower and reduce the risks of serious and fatal accidents.

If you or a loved one has been injured in an accident caused by a semi-truck driver, you may be entitled to monetary compensation to pay for your personal injuries, medical bills, lost wages, and more. Please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713.574.5089 to speak with one of our Houston TX auto and big rig accident lawyers with a free consultation today!

Sources:

1. https://www.txdot.gov/driver/share-road/distracted.html
2. https://www.txdot.gov/driver/sober-safe/intoxication.html
3. http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/40.pdf
4. https://www.creditdonkey.com/average-weight-car.html

One of the most difficult parts of settling a car accident case is determining fair compensation for pain and suffering. The insurance company might suggest one amount, and an experienced car wreck lawyer might demand another. If you or a family member has been injured, fair compensation goes beyond covering medical bills and car repairs.

Pain is an experience which can be difficult to document or quantify, and there are other types of suffering and loss associated with permanent and serious injuries. Your auto accident attorney will guide you through these factors while determining how much to ask for pain and suffering from your car accident.

Understanding the legal considerations behind damages for pain and suffering will help you gather the right evidence and witness testimony to support your valid claim for compensation.

What Is “Pain and Suffering?”

When someone else is negligent and/or liable for your injuries, you may be entitled to additional damages beyond your medical bills and property damage. Pain and suffering awards are intended to compensate the victim for the painful experience of injury, the discomfort of rehabilitation, and losses to their quality of life and potential.

Some examples include a victim who has been burned in a car accident and is entitled to compensation for enduring the burn itself, the painful treatment process, and the permanent scarring that will result. Another type of injury might prevent people from being able to lift and carry their child or impair their reproductive function. These losses deserve fair compensation.

The legal categories of loss an auto accident lawyer considers include:

• Intentionally Inflecting Emotional Distress

When the other people knew or suspected their conduct would cause you emotional distress and went on to cause you injury.

• Negligently Inflicting Emotional Distress

When you suffer legitimate mental or emotional harm caused by someone’s negligent action. Negligence means to cause injury carelessly or recklessly, rather than intentionally.

• Loss of Consortium

When someone’s intentional or negligent action causes you to lose the benefits and full experience of being a spouse, parent, or grandparent.

What Is the Role of the Car Insurance Company?

The insurance company will work with your attorney (or with you directly) in response to your demand letter and make a settlement offer. They are entitled to access your medical records and other evidence that substantiates your pain, suffering, and losses.

Insurance adjusters may tell you that you don’t need an attorney and that the compensation is based on formulas, but their initial offer will rarely compensate you fully for the losses you experience. Keep in mind that their first responsibility is to remain profitable by paying the smallest possible amount on valid claims.

One important factor to understand is the insurance policy limits in place. These limits represent the upper end of what the insurance company will offer for damages. Receiving more than the full policy amount is unlikely.

Should You Handle Your Own Claim for Pain and Suffering?

Most people who try to manage a pain and suffering claim without a lawyer wind up frustrated and bogged down in paperwork. At the end of the process, they may accept an offer that omits important areas of loss out of sheer exhaustion. Trying to negotiate with experts while still recovering from physical and emotional trauma may not be in your best interest.

An experienced car accident attorney will take on the burden of dealing with the insurance company and help you identify and gather the critical evidence that will substantiate your claim for pain and suffering. When the law firm you choose has a winning reputation in the community, insurance companies will dispense with delay tactics and willingly pay more to avoid taking the case to court.

Being injured in an accident is one of those crisis moments when you should have experts on your side who are strong advocates for your rights. Since reputable law firms will offer a no-fee-unless-you-win arrangement, you can have the best representation sitting next to you, allowing you to make these important decisions with confidence.

What Types of Pain and Suffering Should Be Part of Your Claim?

There are two broad categories which are part of a bodily injury claim. These are:

• Physical Pain and Suffering
• Emotional Pain and Mental Anguish

Some types of physical pain are relatively easy to establish because society generally accepts that those experiences are painful. A broken bone or a serious burn will need emergency medical treatment, leaving clear documentation, and these conditions are acknowledged to cause severe pain.

Mental trauma, emotional pain, soft tissue damage, sprains, whiplash, and back problems cover a broad range of severity and associated pain levels. Proving that these injuries are causing permanent damage or prolonged and debilitating pain may require more documentation.

These factors will help rate the level of both physical and mental pain:

• Documented severity of the injuries
• Expert statements on the level of trauma associated with those injuries
• Evidence showing the injuries have impacted your life, relationships, or job performance
• Details of medical treatment and medications needed to treat the injuries
• Expert opinions on how long these types of injuries persist or how often they reoccur
• Expected and necessary ongoing care, like therapy, medications, additional surgeries, etc.
• Documented activities or life opportunities which are no longer possible

How Is Pain and Suffering Compensation Calculated?

There are a number of methods the insurance adjuster and your car accident lawyer might use to calculate the right level of compensation. The two most common pain and suffering settlement examples are:

1. The Multiplier Method

This method works by taking the amount of the medical expenses associated with the accident and multiplying that amount by a factor between 1 and 5. The multiplying factor is based on the severity and permanent nature of the injury. Obviously, the key to a fair settlement is agreeing on the right multiplier.

2. The Per Diem Method

This strategy takes into account the daily pain and suffering and calculates compensation based on how long it will take to reach “maximum medical improvement.” This length of time is then compensated at an agreed rate per day, multiplied by the number of days until recovery.

Other Methods of Calculating Compensation

There are other methods which are sometimes used to reach the right amount—for example, the injuries and trauma might be put in the form of a job description, and then a reasonable amount is assigned based on what someone would expect to be paid to perform those actions. No matter which method is used, it should be clearly documented and easily explained to the court or jury if needed.

What Evidence Will Be Needed to Support Your Claim?

The most readily accepted evidence that a person is in pain is a record of immediate and repeated medical visits. An assumption is made that, if you did not go to the doctor or counselor, you were not in significant pain or anguish.

After an accident, it is important to seek medical care, even if you are concerned about the cost. If that medical care or counseling is necessary for your healing, you need to seek it to demonstrate the severity of your pain and to protect your health. Toughing it out will not help; in fact, it provides evidence that your pain is minor and bearable.

You should keep a journal documenting your pain, suffering, and recovery efforts following your accident. Be sure to include both physical pain and mental symptoms such as depression, anxiety, or PTSD events. It is easy to forget the details later, especially if you are taking medication.

Keep all of the following as important evidence for your claim:

• Photographs of the injuries
• Medical records
• Prescription records
• Medical bills
• Counseling or therapy bills
• Receipts for over-the-counter medications and medical equipment
• Documentation from your employer of lost time or impaired performance at work

Gathering Information from Witnesses

If there were witnesses to your auto accident, obtain their names and contact information immediately. Your car wreck lawyer will interview these witnesses, as well as other medical and psychological experts to support your claim for compensation.

If you need to interview witnesses yourself, prepare questions and document their responses in writing. When gathering witness statements, keep these tips in mind:

• Ask the witness to describe the location of the accident or event, identifying streets, lanes, landmarks, and where they were located or how they were involved.
• Ask the witness to draw a diagram or map of the accident or event.
• Ask the witness if weather or other outside influences were a factor in the accident or event.
• Ask for details of the crash or event and encourage the witness to use their own words but include what they saw, heard, felt, smelled, and experienced.
• Ask the witness to estimate distances and times, with the knowledge that this might be difficult for them. Use those statements to add notes to the diagram or map.
• If you interview witnesses and then decide to hire an attorney, provide both the questions you asked and all of the witness-provided information to them for evaluation and follow-up.

Engage the Right Experts to Handle the Problem

Just as your injuries and emotional pain need expert attention, your legal interests need immediate care as well. The act of consulting with a personal injury lawyer will further demonstrate to the insurance company that your claim is a serious one. Prevent mistakes that might hurt your case and avoid accepting too little for your injuries by reaching out for legal advice right away.

In the Houston area, your choice should be Schechter, McElwee, Shaffer & Harris, L.L.P. With over 40 years of experience in defending injured people, our board certified attorneys will fight for your fair and just compensation to make sure your future needs are met.

With a free consultation, you can have our team in your corner today and pay nothing unless we win. Call right now, or start a live chat and have our experts take charge of your case while you focus on a full recovery.