Of the many types of car accidents that occur on the road, a rear-end collision can be particularly devastating. Not only can a rear-end car accident take victims by surprise, but it can also cause significant vehicular and physical damage, even at slower speeds. Let’s look at the most common causes of these accidents and how a personal injury attorney can help you get the compensation you deserve.

These Cases Are More Complicated in Texas

When you’ve been in this kind of collision, it may seem like fault is easy to determine. However, a Texas court may not find that the other driver is solely responsible. This is because there are many factors which can cause a rear-end accident for both drivers, and any of them can exist at the time an accident occurs to either driver.

What Can Cause a Rear-End Collision?

These kinds of collisions can have several causes. In addition, many times, these factors can combine to cause an accident, such as inclement weather and excessive speed, which only adds to their complexity.

A vehicle’s brakes and other mechanical failures can render a driver unable to stop in time to avoid hitting the vehicle in front of them. Slippery conditions like black ice or a sudden rain, snow, or hailstorm can cause road conditions to deteriorate quickly.

Other causes are in a driver’s control and can result in a rear-end collision for which they are found negligent. Examples of these are using a cell phone while driving and other distractions like talking to passengers. Driving too closely or tailgating is also a significant problem in this state.

Choosing to speed or drive when tired, as well as driving under the influence of drugs or alcohol, can be factors of rear-end collisions in personal injury cases.

These collisions may not be the sole fault of the driver. For example, if the brake lights or signals weren’t working on your vehicle at the time of the accident, you could be found at fault, even though you may not have been aware of these malfunctions. If the driver behind you didn’t know you were turning or braking, they would have been less likely to stop a safe distance from the back of your vehicle.

It may also be that there were no failures in your vehicle, and you simply neglected to use your signals when turning. So, as you can see, several circumstances can contribute to rear-end collisions on both yours and the other driver’s side. This is why it’s so important to ensure you’ve chosen the right car accident lawyer to represent you.

Understanding Rear-End Collision Laws in Texas

It’s important to remember that Texas is an at-fault state. The court will decide comparative negligence and assign a percentage of fault on each driver. The percentage placed on the other driver and you will depend on what a court determines are your respective roles in the accident.

If a court finds you 51% or more responsible for a collision, you will not be able to receive any compensation for your injuries or damage to your vehicle from the other driver. However, fault is not the only thing that needs to be determined; you will also to need to have evidence which proves that you didn’t do anything on your part to cause the accident.

Therefore, it’s especially important to ensure that you do everything you possibly can to prevent an accident from occurring, as this will give you a much better chance of getting a settlement.

Common Injuries and Damages

Many injuries can result from a rear-end collision, which can exert as many as 12 tons of force on a vehicle, and those inside it, if seat belts are not being worn. Even with a seat belt on, the force of a rear-end collision can transfer 1.6 tons of force to a vehicle and its occupants.

Significant damage to the rear of your vehicle and the front end of the other driver’s vehicle can occur, as well as broken glass if the other driver was traveling at a high speed when they hit you. Damage can also occur to the rear axle and transmission of a vehicle, in addition to many other kinds of damage that range from mild to irreparable.

Physical injuries can occur in just as wide a range of severity to one or both drivers. Internal bleeding and damage, as well as injuries to the spinal cord and neck, can occur, as can head and brain injuries. Disc and spinal damage in addition to other back problems and broken bones are also very common physical injuries.

Those involved in an accident have been able to claim many kinds of damages. These include loss of wages, pain and suffering, and loss of their enjoyment of life due to an injury.

How to Reduce Your Chance of a Rear-End Collision

Although some of these preventative measures may be more feasible than others, all can help your car crash lawyer to lessen your amount of fault for the accident.

If it’s time to purchase a new vehicle, it’s a good idea to ensure the one you buy has some kind of collision avoidance or proximity alarm system installed and that it is working properly. This will show that the system would have alerted you to the presence of the other driver prior to impact.

Newer vehicles also include systems for preventing you from rear-ending another vehicle. These front crash systems, when working optimally, will cause your vehicle to brake automatically whenever it detects an obstacle ahead.

Not using a cell phone when driving is another way to prevent an accident. You can also adhere to the speed limit, as well as drive according to the road conditions. Of course, you may not be able to completely prevent an accident from an accident. In this case, there are things you should and shouldn’t do following a rear-end collision.

Steps to Take Following an Accident

You will want to make sure that you and the other driver are okay following the accident; call 911 as soon as possible for assistance. This will also call the police to the accident scene, and they will generate a crash report. If this doesn’t occur, for whatever reason, you need to make sure that a police report is made within 10 days of the accident.

Next, try not to apologize for your part in the accident, as even this can result in more fault being placed on you. Try to flag down anyone who may have witnessed the accident and get their contact information, but do not discuss the accident with them.

Use your phone to take pictures of both the accident scene and the damage to both vehicles. You can also take pictures of your injuries. All of these things can help an auto collision attorney to get you the compensation you deserve.

One of the most important things to never do is talk to the other driver’s insurance company. Should you accept any settlement from them, you will not be able to take your case to court to get any more compensation for your damages.

Which Is the Best Attorney for You?

There are many lawyers in Texas who are more than happy to consult with you about your case. However, it’s important to find one that’s right for you. This means locating a firm with plenty of experience in rear-end collision cases that will fight for you every step of the way.

The attorneys at Shechter, McElwee, Shaffer & Harris understand the complexity of cases like yours. Discover the difference knowledge and experience can make to your case; call us for a free consultation today: (713) 574-5089.

Most people can’t live without their cell phones. They’re the easiest way to stay connected, find out information, and get directions, and they’re used all the time in our day-to-day lives.

Unfortunately, phones and cars just don’t mix well. Over a quarter of all vehicle crashes in the U.S. are due to phone use while driving,¹ and this figure only gets higher every year. With a large majority of states banning at least some form of phone use in the car or on a motorbike, choosing to text on the road doesn’t just lead to potential harm to yourself and others, but also big fines.

Is it ever okay to use your phone while driving? What are the laws? Will you be held liable if something does happen? Keep reading as we find out the answers to this modern-day problem.

The Laws Nationwide

Road rules involving cell phone usage are enacted on a state-by-state basis. As such, almost every state has a slightly different rule. Some states ban all cellphone use, some allow hands-free use, some allow all use except for texting, and some have different laws for holders of learner, intermediate, and full licenses.

In many cases, these state-wide laws are preempted—that is, overridden or added to—by local or county laws. As well as this, most laws also apply to those who are waiting at traffic lights or have stopped the car but not parked it.

The Laws in Texas

The central law concerning phone use while driving in Texas was enacted in 2017. It puts a ban only on texting while driving, for all electronic devices and all ways of texting electronically. This means, under Texan law, that use of the cellphone for other purposes, such as calling or using the GPS, is still allowed.

However, some 45 cities within Texas have preemption laws stating that all cell phone use while driving is prohibited, except for when it’s a hands-free call. Even then, you must only use the phone to connect and disconnect the call. The cities that have this law include:

• Austin
• Corpus Christi
• El Paso
• Laredo
• San Antonio
• And many more

A Fatal Distraction

There’s a reason these laws are in place, and it’s simple: Distracted driving is dangerous. In 2015, 3,477 people were killed on the nation’s roads due to distracted driving and just under 400,000 were injured.² Phone usage is a big part of that: If you look away for only five seconds while driving 55 miles per hour, you’ve just crossed the length of a football field without paying attention.

Inattention Blindness

Distraction is the key factor. Even if you’ve got your eyes on the road, being distracted is just the same as being blind. You’re not paying attention, so your brain simply doesn’t register other traffic and potential hazards until it’s often too late.

Common Misconceptions

Many people assume that if you don’t look away as frequently—just a couple of words each time when you’re texting—then it’ll be safer. Since you can take a second to change the radio station, then surely you can take a second to look at a text?

Unfortunately, it doesn’t work that way. Texting is not the same as looking at your dashboard because it demands so much more of your time. You’re comprehending the words, finding letters on the keyboard, and thinking about what you’re going to say next. It’s not just the second you look away, it’s all the other seconds that surround it while you’re focused on your phone.

Is Hands-Free a Safer Alternative?

Since almost all states allow hands-free calling, it seems that it’s much safer to do that than the alternatives. However, studies are divided over whether hands-free is any safer since it still distracts you. If you’re worried about safety, the best thing to do is to just avoid phone use entirely.

Liability

If you’re in an accident and injured as a result of someone’s actions (or inaction), then that person may be held liable under civil law and forced to pay damages. This is true for phone use while driving, too, and will carry extra weight if that texting or phone use was done illegally.

Even if their phone use wasn’t illegal, an auto injury attorney can still successfully argue that they acted negligently. In fact, since messages and calls are logged with the service provider, phone distractions are even easier to prove than other types of distractions, which may require a witness.

Can Anyone Else Be Sued?

Recent car accident lawsuits have tested whether liability can be extended to other parties, including the manufacturer of the phone or the person sending the text messages to the driver. It’s still unclear whether the ruling of liability for these third parties will be upheld, but it’s important to remember that it’s always a possibility.

Punitive Damages

In some cases, punitive damages may also be awarded to those injured by distracted drivers. Normally, punitive damages are intended not so much as compensation but as punishment to the defendant for malice, oppression, or fraud in their actions.

Proving that a driver had malice in using their phone—i.e., displayed a conscious disregard for the safety of others—is difficult, but not impossible. If the court wants to make an example of the defendant, then they could be ordered to pay a large amount in damages.

Is Phone Use While Driving Justifiable?

Given the accident rate, the potential for fatalities, and the significant possibility of being successfully sued, using your phone while driving is a big risk. Even in states like Texas which only ban texting, anyone engaging in distracted driving has a significant chance of being held liable.

There are a small number of scenarios in which cell phone usage on the road might be justifiable—in an emergency, for instance, or as a first responder. However, in almost all other cases where it’s possible to park your car before using the phone, there’s simply no defensible reason.

Distracted Driver Accident? Our Auto Injury Attorneys Can Help

Our laws often struggle to keep pace with the latest technology, which means the legal landscape is always changing. What might be legal to do while driving today might not be tomorrow. It’s important to keep up to date. We rely so much on our phones, and you need to know how laws could affect you and others on the road.

If you’ve been in a crash and want the best car accident attorney, turn to Schechter, McElwee, Shaffer & Harris, L.L.P.  We’ve got over a hundred years of combined experience on our team, and we can steer you through the tricky roads of negligence and liability.

Our firm has recovered millions of dollars of compensation for people just like you. Don’t settle for less. Call our expert vehicle collision lawyers at (713) 574-5089 now for a free evaluation of your case.

Sources:

1. https://www.nsc.org/Portals/0/Documents/NewsDocuments/2014-Press-Release-Archive/3-25-2014-Injury-Facts-release.pdf
2. https://www.cdc.gov/motorvehiclesafety/distracted_driving/index.html

Even the most skilled driver can get into a traffic accident. It’s not always your fault. Cars are complex machines full of hundreds of different parts and, sometimes, those parts fail. Despite proper maintenance and the utmost care, some accidents just can’t be prevented by you. So who is at fault?

Car manufacturers have a responsibility to make sure that the parts in your car don’t break when you least expect them. In fact, everyone along the supply chain—from the manufacturer that makes your car to the dealer that sells it—has the same duties. If they’re found to be negligent in their duty, knowingly or unknowingly, directly or indirectly, then you could have a strong claim.

In the event of a crash, even one that’s entirely the driver’s fault, the manufacturer also has a responsibility to ensure that their safety features work properly. If the injuries that you sustained could have been lessened by functioning parts, no matter who caused the accident, then you’ve also got a strong claim.

As with any torts and liability claims, there are a number of different factors that influence whether or not you’re eligible for compensation. To help you steer through this complex topic, we’ve prepared the following infographic. If you’re still unsure about your accident, call us at (713) 574-5089 any time for a free consultation!

After being involved in a motor vehicle accident, there are several different types of compensation you could receive for your damages. “Damages” is a legal term used for any type of personal injury, vehicle damage, property damage, or other types of losses. Damages can be broken down into three general categories:

• Property: These types of damages include vehicle damages, personal property losses, and other types of property damages.
• Compensatory: This category is for any personal injuries and could include general and special compensatory damages.
• Punitive: In a rare number of cases, punitive damages may be awarded to the injured party. These are in addition to other awarded damages. Their purpose is to punish the responsible party by making an example of their negligent behavior in hopes it deters others from behaving in the same manner.

The types of damages you can seek will depend on the extent of damages and injuries sustained in an accident. It is highly recommended that you speak to a qualified car accident lawyer as soon as possible following your accident to find out.

Vehicle Damage

Vehicle damages are normally covered by auto owner’s insurance either under property damage, collision, or comprehensive coverages. If you were at fault for the accident, then your property damage coverage would pay to fix the other person’s vehicle. Your collision and comprehensive coverages would pay to fix the damages to your vehicle, minus your deductible.

If the responsible party did not have auto insurance, then vehicle damages are covered through the uninsured motorists’ coverage you should have on your policy. Uninsured motorists’ coverage will also pay for the personal injuries you sustained.

Property Damage

Property damage, like to a fence or telephone pole, is covered under property damage insurance. For personal property losses, like damage to your smartphone, clothing, groceries, or other items in the vehicle at the time of the accident, they, too, would be covered by property damage coverage, as long as you were not at fault. Otherwise, personal property losses not covered under auto insurance are sometimes covered under homeowners’ or renters’ insurance.

Car Rental Expenses

Your motor vehicle accident claim could include the cost of renting a car while your vehicle is repaired and fixed. Most people have coverage for rental car expenses as part of their auto insurance. If not, and the other person was at fault, then you could seek reimbursement from their insurance company.

Out-of-Pocket Expenses

Certain other out-of-pocket expenses are allowed to be claimed as part of your compensation— for instance, you had to call an Uber, Lyft, or taxi to get home after being released from the hospital.

Personal Injuries

Personal injuries are any injury you sustained as a result of the accident, from minor bruising to broken bones and the loss of life. Common general personal injury damages one could seek compensation for could include:

• Pain and Suffering: This type of damage refers to the physical and mental injuries you sustained as a result of the accident. The amount you can seek does vary based on the extent of the injuries.
• Mental/Emotional Anguish: Injured people can experience flashbacks to the accident, PTSD, and other ongoing emotional and mental When these occur, compensation can be included in your car accident lawsuit.
• Loss of Companionship/Consortium: This form of damage is when you are no longer able to provide the same level of satisfactory comfort, affection, love, and companionship to your spouse, partner, or children.

Special personal injury damages often sought as part of a personal injury claim include:

• Medical Treatment and Care Expenses: You can seek compensation for any medical bills you experience as a result of the accident. However, you may have to pay for certain medical costs upfront before you receive reimbursement through your car accident injuries claim.
• Loss of Current Earnings: Any earnings you lose because you are unable to work can be included in your claim. The total amount you can seek includes any lost wages from the date/time of the accident until you are released by a medical professional to return to your normal working schedule.
• Loss of Future Earnings: If you are not able to return to your former position or normal working schedule, you can also seek the loss of any future earnings you can no longer make. In addition, this could include bonuses and other lost compensation you would have otherwise earned if it was not for your personal injuries.
• Household Expenses: You can claim your portion of certain general living expenses and other household expenses as part of your accident claim.
• Costs for Future Medical Treatment and Care: In the event you need ongoing medical treatment and care, future surgeries, or other medical procedures in the future, the costs for these can be claimed now as part of your injury claim.
• Special Travel Expense Costs: This type of compensation is for unique cases where the injured party loses money for travel-related expenses because of the auto accident. For instance, you are visiting Houston on vacation and are injured in an auto accident. You have to extend your hotel stay until your physician releases you for travel. You can also seek this compensation if you have to cancel travel plans and experience any monetary losses.

Wrongful Death

When your loved one dies as a result of their personal injuries, in addition to seeking damages for pain, suffering, mental/emotional anguish, and the loss of companionship, you can also seek damages for wrongful death. While no amount of money can replace your loved one, you should not have to worry about not being able to support yourself and your children financially.

Some of the types of monetary compensation included with wrongful death claims include:

• Burial and Funeral Expenses: You can seek damages to cover the burial and funeral expenses for your loved one.
• Loss of Future Earnings: Any earnings your loved one would have made can be included in your personal injury claim. The amount of future earnings sought vary based on how much longer they would have continued working.
• Loss of Support/Services: This type of compensation is to cover expenses your loved one provided—for example, the costs of health insurance for you and your children. In cases where parents are divorced, the loss of child support would be another type of loss of support you could seek.

Punitive Damages

To be awarded punitive damages, the responsible party must have behaved in such a gross and negligent manner that it demonstrated a general disregard for the safety of others. For instance, the defendant was deliberately hitting other vehicles on the road, trying to cause the other drivers to lose control and wreck their vehicles.

In addition, the case often has to proceed to trial since judges are the ones who normally award punitive damages. However, if you have a skilled car accident lawyer, they may be able to negotiate punitive damages as part of your settlement.

Why Did the Insurance Company Say I Don’t Need to Retain a Lawyer?

The thing you need to remember is that insurance companies, whether yours or the other party’s, want to try to settle your damages claim for as little as possible. It is not uncommon for insurance companies to say they can settle your claim without you having to hire a car accident injuries lawyer.

However, this should be a warning sign that the insurance company may be trying to offer you far less than you are entitled to receive. To illustrate, let’s assume the insurance company dissuades you from hiring a lawyer. They tell you that you will have to pay 30% to a lawyer out of the $20,000 settlement they have offered.

This is where most people make a mistake. They stop and think that $20,000 is a good amount and why should they pay $6,000 to a lawyer and be left with $14,000? Yet, what would you say if you found out, after consulting with a car accident lawyer, the actual amount of damages you were entitled to receive was $200,000?

By hiring a car accident lawyer and paying them $60,000 for their help, you would still end up with $140,000. This is quite a big difference from the $20,000 you were initially offered for NOT hiring a lawyer.

Had you accepted the $20,000 and settled your injury claim, the insurance company would have saved $180,000 in damages they did not have to pay you. This is why insurance companies will tell people they do not need to retain a lawyer.

• Disclaimer: Please keep in mind the dollar amounts used here are for illustrative purposes only and do not imply the actual amount of damages you could seek or be awarded.

To find out the actual amount of damages you could seek for your motor vehicle accident, contact a Houston TX auto injury attorney at Schechter, McElwee, Shaffer & Harris, L.L.P. by calling 713-574-5089 today!

The purpose of an airbag is to deploy when a severe crash has been detected. Although the airbag is a great invention that has saved many lives, these products can result in illness or injury should they malfunction. It’s important to know your legal rights in the event an airbag deploys improperly or not at all in a motor vehicle accident.

Common Airbag System Defects

The airbag system consists of several interconnected components: the indicator lamp, steering wheel connecting coil, diagnostic monitoring unit, crash sensors, and the airbag module itself.

Inside the airbag module is the airbag and a generator, which inflates the airbag with gas— typically, nitrogen. Malfunctions can occur in any of these components and, ultimately, cause the malfunction of the airbag.

A defect in the crash sensor may cause the airbag to deploy when it isn’t needed. Another common defect is when the sensor deploys the airbag slower than normal, or when not all airbags in a vehicle deploy when they’re supposed to, which can be the result of electrical failure.

Additionally, an airbag can fail to deploy altogether, which can be due to the module inside the airbag failing to release gas in response to the crash sensor. All these airbag system malfunctions can result in serious injuries requiring medical treatment.

Injuries that Airbags Can Cause

Airbags can cause a host of serious injuries and can even result in death.  Because the speed of deployment is so high—typically between 100 and 220 miles per hour—a driver and passenger can sustain an injury just from being struck by it as it inflates.

When they deploy too slowly in an accident, airbags can increase the severity of injuries. For example, if a person’s head is being forced forward as the result of the impact, and the airbag deploys into their head, serious brain and neck injury could be the result.

The gas and chemicals contained in the airbag itself can be released inside the vehicle, causing burns to the skin and eye injuries. These chemicals can also cause injuries to the lungs and respiratory system. In those with asthma, an attack can be the result of inhaling the chemicals released following deployment.

Other injuries that can occur include internal organ damage, brain bleeding, and rib and skull fractures.

Be Wary of Recalls, Counterfeit, and Salvage Airbags

Takata, an airbag manufacturer, has recalled 50 million airbags since 2017, according to the National Highway Traffic Safety Administration. More recalls are planned for 2019, which will bring the number of recalled airbags to between 65 and 70 million.¹

In order to check if your vehicle contains Takata airbags, consult the list of affected cars and trucks on the NHTSA website. If your vehicle is on that list, it should be taken immediately for repair.

Unfortunately, the use of counterfeit airbags is a reality. These airbags can be installed in a used vehicle, one where the airbags previously deployed and need to be replaced, or they can be purchased by a vehicle owner online for installation by a garage. These counterfeits look just like real airbags and can be obtained and installed by a garage to save on the cost of the airbag and accompanying system.

Red Flags for Counterfeit Airbags

The problem with these counterfeits is that they often won’t deploy at all, causing obvious risk to vehicle passengers. The NHTSA has outlined some scenarios which place drivers at risk of having counterfeit airbags in their vehicles.

Drivers owning a vehicle with a title that says “reconstructed,” “rebuilt,” or “salvage” are at high risk of having counterfeit airbags. Anyone who has purchased a used vehicle without being familiar with the history of that vehicle can also be at a high-risk airbag failure and car accident injuries.

Salvage Airbags

These products are typically extracted from vehicles that are completely unusable. While this may seem like an economical way to replace the airbags in another vehicle, many things can go wrong that could render them ineffective. For example, even the way in which the airbag is removed from the vehicle can cause damage that prevents it from deploying properly.

In addition to simply being removed from a vehicle, many salvaged airbags go through a reconditioning process, which can also cause damage. Finally, the complete airbag system can be compromised when a salvaged airbag is placed into a different model than it was removed from. This is because different vehicle models have made different technical improvements.

Proving Liability

If you were in an accident and believe you became injured because your vehicle’s airbags didn’t properly deploy, you can sue the company that made your vehicle, the airbag manufacturer, or the company that made the airbag sensor for damages in a product liability claim.

In addition to proving that the airbag or its components were unreasonably dangerous, a link will need to be made between your injuries and the sensor, the airbag itself, or the airbag system. Therefore, providing evidence of malfunction will be important. It’s a good idea to have the airbag, sensor, and system removed from your vehicle.

Additionally, if your vehicle was declared completely unusable by your insurance company, they will attempt to take it. However, it’s important to try to keep your vehicle, as its computer holds information that can be instrumental in establishing a product liability or manufacturing defect claim. Your vehicle may also be equipped with what’s called a “black box,” which contains data about the accident.

A product liability claim is the result of many injuries sustained because of an airbag. In this type of claim, a car wreck attorney will show that a defect in the design or manufacture of the airbag is what caused it to fail.

Design defects identify issues with how a sensor or airbag was designed by the manufacturer. In the case of a manufacturing defect, the sensor or airbag must be proven to have been made in a way that differs from the product’s intended design.

What You Should Expect from the Court Process

In addition to providing physical evidence of an airbag, sensor, or system malfunction, it may also be necessary to contact individuals who can serve as expert witnesses. They will be capable of providing technical evidence that supports your claim. Expert witnesses can include doctors, surgeons, those involved with the reconstruction of the accident, and product designers.

In court, you can expect to see auto parts and vehicle manufacturers, as well as those who may have replaced, repaired, or maintained the airbag and system components.

Why Hire an Attorney?

Airbag failure cases require a lot of legal proof. Gathering this proof can be nearly impossible if you’re trying to do everything on your own. However, when you have an attorney, gathering the right kind of evidence becomes a much easier process.

A car accident lawyer knows how to work with expert witnesses and obtain proof that your airbags didn’t deploy when they should have. If a specific reason for failure isn’t needed, an attorney can obtain testimony from the engineer, who can use data about your speed at the time of the accident to show airbag failure.

Another important reason to hire an attorney is that they can ensure you have the best chance at getting a fair settlement that covers all your expenses, including medical bills, pain and suffering, lost wages, and ongoing medical care. With an experienced attorney, there will be no place for vehicle or airbag manufacturers to hide.

Schechter, McElwee, Shaffer & Harris is a firm that will fight for the compensation you deserve. Our award-winning auto collision lawyers know how to litigate complex cases; we’ve recovered millions of dollars for our clients. Put us to work for you. Call 713-574-5089 to claim your free consultation.

Source:

1. https://www.nhtsa.gov/equipment/takata-recall-spotlight