car accidents Archives - Page 6 of 7

The 10 Deadliest Highways in the U.S.

August 8, 2017 By admin Leave a Comment

Highways and interstates crisscross America like vital arteries. The nation depends on those 2.7 million miles of road for its shipping and transportation needs. Truckers use them to haul goods. Travelers take them to find their next scenic getaway. Families move from state to state, and people visit loved ones.

Unfortunately, the nation’s roadways can also be dangerous. Distracted drivers, sleepy truckers, drunk motorists—the hazards are all too real. At Schechter, McElwee, Shaffer & Harris, L.L.P., we know first-hand the dangers of the open road. Day in and day out, our auto accident attorneys help clients who have been seriously injured or who have suffered the death of a loved one.

We want everyone to know the dangers so they can take precautions to stay safe. That’s why we’ve compiled this little infographic on the nation’s deadliest roads. Of course, any road can be dangerous given the right (or wrong) conditions, but some stretches see more than their fair share of fatal accidents.

So, how do you determine which roads are the most dangerous?

First, you must take into account that some roads are busier than others. That’s where the death rate—the number of fatal accidents per one million vehicle miles driven—comes in handy. The most dangerous roadways are those that feature the highest death rate, rather than the highest number of total fatalities (although we included that information in our infographic, as well).

Take a look at our infographic to find out which stretches of road made the most dangerous list.

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Seven Tips to Avoid Deadly Rollover Crashes

August 8, 2017 By admin Leave a Comment

All car accidents are scary, but rollover accidents are particularly frightening, as they often result in severe property damage and critical injuries. Drivers need to know how to avoid rollover accidents and when it’s necessary to seek legal representation after a rollover crash.

According to the National Highway Traffic Safety Administration, rollover accidents are extremely dangerous, although rare. The NHTSA estimates that only about 2 percent of auto crashes result in rollovers, but 35 percent of auto crash deaths result from rollovers.

In general, there are two types of vehicle rollover crashes: tripped and untripped.

Tripped rollover accidents are caused by a collision with another object, such as a curb, tree, or another vehicle. The NHTSA estimates that 95 percent of rollover accidents are tripped. Many tripped rollovers occur when a driver overcorrects steering, causing the vehicle to slide sideways, and strike a curb or pothole, resulting in a lateral force that makes the vehicle tip over. Collisions with other vehicles often cause rollovers. These crashes may result in litigation, as the help of car accident attorneys may be needed to pursue compensation from insurers.

Untripped rollovers happen when a vehicle becomes unstable because of forces such as inertia, gravity, or centripetal (tire) forces. For example, an untripped rollover might occur if an SUV takes a corner too fast, as the vehicle’s weight, speed, and momentum may contrast with the tire force and gravity, causing it to flip. Only about 5 percent of rollovers are untripped.

Any vehicle can have a rollover, but some are more prone to it than others. Vehicles with a high center of mass, such as SUVs or big trucks or tractor trailers have a greater likelihood of rollover. Other design factors such as axle track width and steering sensitivity can also come into play.

By the Numbers: Auto Accident Stats
Number of passengers killed in motor vehicle crashes in 2015	35,092
Number of passengers killed in rollover accidents 2015	11,400
Percent of teens and adults killed in crashes who weren’t wearing safety belts	59 percent
Number of drivers and passengers treated in emergency rooms after crashes in 2015	2.5 million
Work loss and lifetime medical bills resulting from crashes in 2010	$48 billion
Sources: https://www.cdc.gov/motorvehiclesafety/seatbelts/facts.html http://www.iii.org/issue-update/auto-crashes

Tips to Avoid Rollovers

Safe driving habits and good vehicle maintenance practices can help reduce your chance of a rollover accident. Good safety habits can also reduce your chance of injury should you become involved in a rollover accident. Automobile safety experts and car accident attorneys recommend these safety tips for drivers:

Make sure you have good tires – Your tires’ condition can make a huge difference in preventing rollover crashes. Tires that are in bad shape can lose traction and make you more likely to get into a rollover crash. In addition to ensuring your tires are in good shape, also make sure that they are properly inflated. Even brand new tires can contribute to an accident if they are not properly inflated.
Maintain safe speeds, especially in wet or icy conditions – Speed increases the likelihood of a rollover, particularly in vehicles prone to rollovers. The faster your vehicle is going, the less time you have to react. Also, in slippery conditions, it’s much easier for vehicles to slide and create conditions likely to cause a rollover. Speed plays a role in about 40 percent of all rollovers, so be sure to follow posted speed limits.
Buckle your seat belt – The vast majority of people killed in rollovers and all other automobile crashes were not wearing seatbelts when the incident occurred. Seatbelts give drivers and passengers a 45 percent better chance of surviving an auto accident. That makes it well worth your time to ensure the seatbelts of everyone in your vehicle are buckled the next time you drive.

Even if you’re just driving around the block, it pays to buckle up, as most fatal car accidents occur within 25 miles of the victims’ homes.

Make sure your vehicle isn’t top-heavy – SUVs and trucks made top-heavy from cargo are more likely to crash than vehicles where loads are more evenly distributed. Place your heaviest cargo low on the floor of the vehicle and as close to its center as possible. Avoid putting very heavy objects close to the tailgate. Also, avoid overloading your vehicle. Make sure the weight of your cargo falls within load ratings specified by your owner’s manual.
Avoid texting and driving – Reading or typing text messages should be avoided when you’re operating a vehicle. Voice features on modern smartphones can dictate texts you want to send and read incoming texts to you. Make use of these technological advances to avoid driving while you are distracted. Driving distracted will make it more likely that you make errors that can contribute to rollover or other accidents.
Keep adequate space between yourself and other vehicles – Failing to maintain enough distance causes many traffic accidents, including rollovers. Drivers should avoid tailgating, and they should also give themselves enough room to react and adjust if nearby vehicles in other lanes make errors.
Take care on country roads – In rural areas, roads may be narrow, curvy, or in poor repair—all conditions that can lead to rollover accidents. About 75 percent of rollover fatalities occur on country roads, so take care when traveling in rural areas.

Buying Rollover Resistant Vehicles

When purchasing a new vehicle, you’ll definitely want to check out its rollover and roof strength ratings. The National Highway Traffic Safety Administration conducts dynamic rollover testing on most new automobiles.

Government testing determines how likely a vehicle is to roll over by having drivers execute a maneuver known as a fishhook—a quick left to right turn that simulates a driver over-correcting steering. The maneuver is executed at increasing speeds from 35 mph to 50 mph.

If two of the vehicle’s wheels lift from the ground during the test, evaluators consider it a “tip-up” and end testing. The NHTSA also uses a Static Stability Factor test that compares a vehicle’s track width with its center of gravity height.

The agency evaluates the fishhook test and SSF test to determine a rollover resistance score of one to five stars, with five stars representing a rollover likelihood of 10 percent or less.

Roof strength tests evaluate how likely vehicle roofs are to cave in should the vehicle overturn. Again, the higher the star rating a vehicle receives, the safer it is.

Consumers who wish to limit their exposure to rollover risk should search for vehicles with high NHTSA star ratings for rollover. Purchasing newer vehicles with electronic stability control can also reduce the risk of rollover.

Drivers and passengers who have been involved in rollover accidents need to understand their legal options for pursuing compensation from other drivers who may be at fault in the accident and automakers who may have manufactured a defective product contributing to the crash. A qualified car accident lawyer can help guide accident victims through the process of seeking compensation for their injuries.

Schechter, McElwee, Shaffer & Harris, LLP is a vehicle accident law firm serving the greater Houston area. Schechter, McElwee, Shaffer & Harris, LLP attorneys have decades of experience in fighting insurance companies and have recovered millions of dollars on behalf of clients.

The firm’s attorneys have received national recognition for their work by Best Lawyers, Super Lawyers, Avvo 10 ratings, and Houstonia Top Lawyers awards. If you or a loved one have been injured in a rollover car accident, contact us today for a free consultation.

Sources

Common Causes for Sideswipe Collisions

July 25, 2017 By admin Leave a Comment

Dealing with the aftermath of a car wreck is difficult. There are so many legal complications that can occur and determining who was at fault for causing the accident without a car accident lawyer can become immensely difficult. It’s much easier to avoid the whole mess by learning how to prevent car collisions from happening if at all possible.

Sideswiping is the most common and dangerous type of vehicle impact collision. In this guide, we’ll review the causes of side collisions and show you how you can safely avoid them.

Sideswipes and You

The rate of vehicle accidents is increasing, both as a result of distracted drivers and because we inherently see more drivers on the road. Side collisions make up the highest percentage of auto accidents, thanks to complex city and town street layouts. They occur most often in the outer lanes and can happen at a moment’s notice.

The reason driving in the outer lanes increases risk relates to the difference in speed. Generally, people travel in the outer lane at a higher speed to pass and, if they don’t adhere to defensive driving strategies or drive recklessly, a split-second accident is the result. A wrong decision to pull out and accelerate can spell disaster. Drivers may need to turn sharply and slam their brakes to avoid a rear-end collision in the outer lane.

Then there are drivers who are impatient enough to risk their safety, and of those around them, to shave off a few seconds to their destination. They will apply their brakes and force their way into their desired lane with little or no warning. This can cause a sideswipe or, in some cases, run someone off the road entirely.

Sideswipes can also happen gradually, especially when turning into driver blind spots. Sleepy/distracted drivers may encroach into another lane (sometimes referred to as “drifting”). If drivers aren’t paying attention in time to correct it, they’ll have nowhere to turn to avoid the collision.

Prevention Tactics

To prevent sideswipes, always drive defensively. Practice consistent driving patterns, be aware, and always communicate with your fellow drivers using your turn signals while you’re on the road. Avoid changing lanes when you can stay where you are, especially if it’s only to shave a few seconds off your drive. It’s better to get there a few minutes late than not at all.

Maintain a constant speed as you drive, as best as you can. Most cars available today have cruise control; use it whenever you have the opportunity if you know you have a heavy foot. Conversely, never rely on cruise control to keep you safe—your own attention is important, too.

Keep a safe distance between you and other vehicles at all times, especially on multilane highways. Watch for blind spots and, when you see them, be extra cautious. Always use your turn signals and ensure that it’s safe for you to turn or change lanes well before you change. Double check each direction when you’re turning out of side streets, too.

When in doubt, wait it out.

If you notice another vehicle encroaching on your lane, you should always assume they don’t notice you. You can control what you do, but you can’t control other drivers on the road, and you just never know if they’re paying attention.

If you do notice a vehicle encroaching on you, gently use your brakes and turn into another lane or pull off to the side of the road. Make sure you will not collide with this driver before you give in to the urge to honk your horn; although this move may assuage your temper, it won’t protect you or other drivers. You have a limited amount of time to react, and every unnecessary move shaves seconds off your ability to keep you and any other occupants in your car safe.

If you’re reading this right now, it’s likely that you’ve been the victim of an auto collision or you’re educating yourself about safe driving. Either of these scenarios can be stressful; we want to help. Contact Schechter, McElwee, Shaffer & Harris, L.L.P., and access over a century’s worth of experience helping citizens seek reparations for accident-related injuries.

6 Precautions You Can Take to Prevent Semi-Truck Accidents

June 25, 2017 By admin Leave a Comment

If you’ve been injured by a semi-truck, contact a truck accident attorney at Schechter, McElwee, Shaffer & Harris, L.L.P. to get expert legal representation.

With more than three million semi-truck drivers traveling over one hundred billion miles each year, accidents are bound to happen.¹For truck drivers, it’s a fact of life on the road. For the rest of us, it’s a terrifying prospect. When a 4,000-pound passenger vehicle comes face-to-face with an 80,000-pound semi-truck, the results can be devastating.

How to Protect Yourself from a Collision with a Semi-Truck

It’s hard to avoid irresponsible truck drivers. It’s not your fault if a negligent trucking company fails to train its employees or maintain decent driving schedules. That being said, there are steps you can take to minimize your own risk. Here are six tips for steering clear of big rigs.

Stay Focused

Distractions lead to accidents of all kinds, but the stakes are higher when semi-trucks are involved.² With more than 15 million trucks and up to two million tractor trailers traversing the nation’s roads, that possibility is all too real.¹

How do you protect yourself against a negligent driver? How do you avoid trucks that suffer from dangerous mechanical problems? Stay vigilant at all times.

Brake problems caused 29 percent of all large truck crashes. Twenty-two percent were caused by drivers who were unfamiliar with a particular road.³

Stay Awake

Most truck accidents (roughly 60 percent) occur on rural roads. Another one-quarter take place on interstate highways.⁴Rural roads and interstates have one thing in common: They’re temptations for sleepy drivers. Perhaps that’s why fatigue and drowsiness are both leading causes of semi-truck accidents. Perhaps it’s also one reason why 35 percent of all fatal crashes occurred at night.

You can’t control whether truck drivers get enough sleep, but you can make sure you get plenty of sleep, and you can pull over before you begin to fade out.

Together, inattention and distractions led to 17 percent of all large truck crashes, while fatigue caused 13 percent of accidents.³

Stay Sober

Alcohol may not be one of the leading causes of truck accidents, but it is one of the most preventable. Stay sober, and your chances of hitting a truck drop significantly.

Stick to the Speed Limit

Excessive speed causes approximately 23 percent of all accidents involving large trucks.³ Keep your speed within reasonable bounds for the prevailing conditions, and you lower the risk factors. A safe speed will also put you in a better position to deal with dangerous roadways and dangerous drivers.

Practice Defensive Driving

If you see a semi acting dangerously, maneuver your vehicle away from the area. You may have to think on your feet. You may have to get aggressive in a defensive way, which is to say you may have to move quickly. Whatever you have to do, it’s best to stay as far away from irresponsible truck drivers as possible.

If you can, and if it’s safe, try to get the truck’s license plate and registration number. Pull over and call the trucking company to let them know they have a rogue driver. If you encounter truly reckless driving, you can also call the police.

Watch Your Blind Spot (and Theirs)

It’s one of the most dangerous moves you can make: changing lanes without checking your blind spots. Miss a semi barreling down the road at freeway speeds, and the end result will be catastrophic.

Always, always check your blind spot, and always, always stay out of their blind spots.

Remember: Semi-trucks often travel faster than they appear to be from a distance. Never change lanes if it’s a close call. Let the semi pass, and then make your switch calmly and safely.

What to Do if You Are Involved in a Truck Accident?

Have you been injured in a semi-truck accident? Has a loved one died in a collision with a large vehicle?

Call the office of Schechter, McElwee, Shaffer & Harris, L.L.P. today to speak with an experienced truck accident injury attorney. We’ll fight for your rights and help you get the compensation you deserve.

Sources

Motorcycles: A Brief History & Safety Statistics

June 8, 2017 By admin Leave a Comment

The first steam powered motorcycle was invented in 1867. Since then, the motorcycle world has been through a whirlwind of change! These days, motorcycles are among one of the most mainstream ways to travel to and from everyday life activities.

Although motorcycles have a reputation for being fun and fast, there are several safety precautions to take when riding one. For example, in Texas alone, 52% of motorcyclists weren’t wearing a helmet at the time of the crash.

While 14% of motorcyclists account nationally for traffic fatalities, only 2% of those can contribute weather as a contributing factor. It’s also important to take note that intersections are the most likely place for a motorcycle accident.

If you have been in a motorcycle crash, it’s important that you call an experienced attorney immediately. You may be able to receive a maximum compensation for injury.

Read the infographic below to learn more about the safety statistics and history of motorcycles, and be sure to contact Houston TX Auto Accidents (SMS Auto) for your legal needs!

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Smart Cars: A Motorcyclist’s Best Friend or Worst Enemy?

June 8, 2017 By admin Leave a Comment

Can you imagine a world without car wreck lawyers? Carmakers can. If only the future ever went as planned.

The Wave of the Future?

Human drivers have enough trouble spotting motorcycles, with their small frames, fast movements, and agile handling, but can smart cars do any better? Tech companies and car manufacturers believe they can. They’re currently pioneering new imaging and sensor technology that may solve the car/bike problem once and for all, allowing automated cars to detect two-wheelers and respond accordingly.

Does that mean we’ll no longer need motorcycle accident lawyers in the future? Not so fast. There’s still a lot of work to be done, and current models have disappointed expectations when it comes to car/motorcycle interactions. Before you delete the number for the attorneys at Houston TX Auto Accidents (SMS Auto), familiarize yourself with some of the latest facts, trends, and prognostications regarding automated driving technology.

A Risky Proposition

Motorcyclists account for less than one percent of the all the vehicle miles driven in the United States; nevertheless, they suffer roughly 14 percent of all traffic deaths (14.2 percent in 2015).¹All told, cyclists are roughly 27 times more likely to die in a traffic accident and six times more likely to be injured than people in other types of vehicles.²

When you consider that traffic deaths, as a whole, climbed precipitously between 2014 and 2015, rising 8.3 percent in one single year, then the total number of motorcycle deaths (approx. 5,000) should be a cause for concern.³

The reason for the spike is probably twofold: A burgeoning labor force (more workers equal more drivers, and more drivers equal more accidents), as well as the proliferation of distractions (think smartphones and tablets). Whatever the cause, American roads have become a dangerous place, particularly for two-wheelers. It’s no wonder automakers, government agencies, and drivers are desperately looking for solutions.

The End of Traffic Accidents?

Automated vehicle technology is still in its infancy, but that hasn’t stopped carmakers from touting the safety benefits of self-driving cars. When robots take over from humans, fewer motorcyclists will lose their lives, says Karl Viktor Schaller, the chief of development at BMW Motorrad.

Not convinced? Take the case of left turns. One out of five motorcycle deaths, or 1,000 deaths, occurs when a car makes an unprotected left and crashes into an oncoming motorcyclist. That’s because humans frequently misjudge the speed of motorcycles or fail to see them at all.

Automated cars won’t make that mistake, say experts. Instead, they’ll use sensor and radar technology to accurately identify and track motorcycles as they barrel down the road, and that’s just the first step along the journey to fully automated roads.

One day, motorcycles will be able to communicate with surrounding vehicles, alerting nearby cars to their presence and announcing their speed so that other vehicles can calibrate their timing accurately. In other words, automated technology will act as a sort of “electronic safety cage” around each and every motorcycle.

When Vision Meets Reality: The Tesla Controversy

Unfortunately, there’s often a wide gulf between vision and reality. Take the case of Tesla’s smart car technology. The European release of the Tesla S created great excitement for many reasons but, in large part, because of its handy autopilot feature. Designed to provide limited driver assist, it has since raised concerns over cyclist safety.

One recent controversy was sparked by an incident in Drammen, Norway. A partially automated car rear-ended a motorcyclist, seriously injuring her. In theory, robot cars are designed to avoid such reckless behavior; it’s one of their main selling points. So far, reality hasn’t measured up to the hype.

Government bodies throughout Europe have gone so far as to label the Tesla S “a significant traffic hazard” after numerous tests revealed shortfalls in the autopilot system. As a result, European motorcycle associations have lodged formal complaints against the brand. They’re asking government officials whether they’ve adequately tested the vehicle to gauge its response to two-wheelers.

Tesla isn’t the only company struggling with the challenges of automated technology. There’s also the case of Google’s self-driving car, which has had its fair share of scrapes, including a low-speed collision with a bus in Mountain View, California.

Smart Cars: A Cyclist’s Worst Nightmare?

If Tesla’s failures are indicative of all autopilot technology, then recent incidents could undermine the claim that smart cars will all but eliminate traffic deaths. That being said, even smart cars that fall below expectations might be an improvement over the current state of affairs.

You don’t need vast statistical databanks to appreciate why; simply look around—distractions have hit an all-time high. Already, many drivers act like passengers in their non-driverless cars, texting away while the road (and its hazards) passes them by—or hits them in the fender, as the case may be.

Of course, that does little to reassure drivers of two-wheelers, who feel singled out by the apparent lack of adequate sensing technology. Add to that the introduction of automated motorcycles, which threatens to rob bikers of the joy and freedom of the open road—typically their very reason for choosing a bike in the first place—and the future may not look so rosy after all.

Of course, technology will improve, and roads will no doubt get safer as distracted drivers exit stage left and ever-vigilant robots enter stage right. In the meantime, it’s important for motorcyclists to practice basic safety precautions and understand their legal rights.

The upshot? Bikers should still know the number of a good auto accident attorney, now and in the driverless future. If the current technology proves anything, it’s that automated cars may lower the risk of fatal accidents, but they won’t eliminate it altogether. The question of the future won’t be whether to call a lawyer, but whom to sue: the other driver, the automaker, or a third-party manufacturer of smart car technology?

Beyond Prediction: Preparing for the Future

Whether or not smart cars are all they’ve cracked up to be, there’s little doubt that they represent the driving experience of the future. Just ask the automakers themselves—the most reliable sources when it comes to predicting the future of automotive technology (most of which is already on the drawing board).

Both Mark Reuss, head of product development at General Motors Co., and Elon Musk, CEO of Tesla Motors Inc., say human drivers are on their way out and robot drivers are on their way in. They only differ as to the exact timing of the crossover: Ruess thinks the switch will be nearly complete by 2020 and fully complete by 2025; Musk believes half of the cars made between 2022 and 2023 will be fully autonomous.¹

Autonomous motorcycles may not roll off the factory lines for at least another decade after that, but improved safety features will gradually make their way onto existing models much sooner. Although fully driverless bikes would most certainly take the fun out of biking, it’s hard to argue against the introduction of added safety features that increase the chances of surviving the next joy ride.

Motorcyclists: Know Your Rights

If you’ve been injured in a motorcycle accident or if someone you love has died in a collision, get in touch with an experienced motorcycle accident lawyer at Houston TX Auto Accidents (SMS Auto). As a dedicated vehicle accident law firm, we’ve represented thousands of clients who have experienced similar tragedies.

Whether you’ve been injured because of the negligence of a human driver or the malfunctioning of an autonomous vehicle, we can help you fight for your legal right to compensation. Contact us today to receive a free consultation from a skilled and experienced car accident lawyer.

Sources

Insurance Journal. “How Self-Driving Cars Will Make Motorcycles Safer.” <http://www.insurancejournal.com/news/national/2016/10/11/428971.htm>
National Highway Traffic Safety Administration (NHTSA). “Motorcycles.” <https://www.nhtsa.gov/road-safety/motorcycles>
Insurance Information Institute. “Motorcycle Crashes: May 2017.” <http://www.iii.org/issue-update/motorcycle-crashes>

Motorcycle Accidents: What Would Your Attorney Recommend?

May 25, 2017 By admin Leave a Comment

Motorcycle crashes: The staggering and often fatal statistics keep rising. Although there has been a major push in recent years to observe bike safety and increase other drivers’ awareness of motorcyclists, motorcycle accidents are still unfortunately quite common. According to a 2016 analysis of data from the U.S. Department of Transportation, the percentage of all fatal vehicle accidents that resulted in the death of a motorcyclist has been rising steadily since the late 80s and 90s.¹

As of 2016, the National Highway Traffic Safety Administration (NHTSA) reports that motorcycle helmets are worn at a rate of 65.3%. Despite being more than half, this is still not enough to prevent fatal head injury.²

Regardless of how well a motorcyclist prepares for safe driving, he or she cannot control the actions of others. All too often, motorcyclists find themselves involved in accidents caused by drivers in standard passenger vehicles. This raises the question: What should a motorcyclist do after such an accident? What would a professional motorcycle accident attorney say?

What Would a Car Accident Attorney Say?

The most important advice motorcyclists should follow is that which applies before an accident: Always wear a helmet and always obey traffic laws. Unfortunately, even when these rules are followed, motorcyclists are still at risk of injury in an accident—especially if there is another vehicle involved.

A professional car accident attorney would tell you that it is of the utmost importance that you gather as much information and evidence as possible after an accident. Unless you are severely injured and unable to collect the information yourself, it is important to take plenty of photos of the accident scene, including photos of your bike and the other driver’s vehicle.

You should also contact the police immediately after the accident to get a police report. Finally, get in touch with an attorney who can help you navigate your case.

Another strong piece of advice an auto accident lawyer would give is not to admit any fault in the incident. This isn’t simply because you don’t want to look like the bad guy, but because you may unknowingly cause complications in a future legal case.

If you were side-swiped by a merging vehicle, for example, don’t try to be nice and suggest that it may have been difficult for the other driver to see you. If you do, it may imply partial fault and make it difficult for you to seek compensation for damage and injuries caused by the other person’s failure to look before moving over.

Involved in a Motorcycle Accident? Get Help from Schechter, McElwee, Shaffer & Harris, L.L.P.

If you’ve been injured in a motorcycle accident, whatever the circumstances, it’s important that you seek the professional legal counsel of an experienced accident lawyer. At Schechter, McElwee, Shaffer & Harris, L.L.P., our top priority is helping our clients seek the compensation they deserve. In a system where some falsely believe that motorcyclists are partially at fault due to their smaller vehicle size, we strongly believe that motorcyclists deserve fair and equal treatment on the road, and that you shouldn’t be left footing the bill simply because others fail to notice your vehicle.

To discuss your case with one of our expert attorneys, contact us today at (832) 266-1457 for a free consultation.

Sources

Texting While Driving: Can It Lead to a Murder Charge?

May 2, 2017 By admin Leave a Comment

Over the last decade or so, numerous public service announcements, billboards, advocacy groups and news stories have sought to impress upon drivers the dangers of texting and driving. Even so, hundreds of thousands of crashes occur each year in the United States as a result of distracted driving from cell phone use.

Much like drunk driving and other kinds of negligent driving, texting while driving can sometimes be fatal, which raises the question: Can someone who texts while driving be charged with murder if someone is killed in the accident? In this article, we’ll take a look at the danger posed by texting while driving and answer this very serious question.

How Distracting Is Texting and Why Is It Illegal?

Laws regulating the use of cell phones while driving vary by jurisdiction, but those states that ban or restrict texting while driving often cite an increased risk of causing an accident. According to data from the National Safety Council (NSC), using a cell phone while driving a vehicle creates four times the normal crash risk. In the year 2013 alone, approximately 341,000 car accidents were attributed to texting while driving.¹

No matter what state you live in, authorities take texting and driving very seriously; in fact, 46 states and U.S. territories have banned texting completely for drivers of all ages. In the state of Texas, however, texting while driving is banned only in school zones and for novice drivers.

Regardless of the laws in a given state, it’s important for drivers to recognize the legal and physical consequences of becoming distracted and use their best judgment while in the driver’s seat. Causing an accident due to negligence is still a crime, especially if it leads to death.

Potentially Deadly Consequences

Passenger vehicles weigh thousands of pounds. At the speeds they travel (especially on the freeway), these vehicles can become deadly weapons. Research suggests that drivers can only safely look away from the road for approximately two seconds before the situation becomes dangerously inattentive.² Even a short text message, by comparison, takes an average of 5 seconds to complete.³ Those three seconds could be the difference between life and death.

According to the CDC, roughly 9 Americans are killed every single day as a result of crashes caused by distracted driving.⁴ The three primary types of distraction, visual, manual and cognitive, are all involved when a person decides to text while driving. The person has to take their eyes off the road (visual distraction), must type or engage voice-to-text with at least one hand (manual distraction), and composing a text requires the focus of thought (cognitive distraction). Because texting covers all of the major elements of distracted driving, it’s considered an especially high-risk activity.

Texting and Driving Can Lead to Criminal Charges

When texting while driving turns into a car crash, a driver can face a variety of consequences. If the accident is particularly serious (e.g., if someone is injured or killed), the driver at fault could be hit with major criminal charges and jail time. Below are just a few of the possible charges that can be brought against an individual whose texting is believed to have caused a car crash:

Vehicular manslaughter/vehicular homicide

Vehicular manslaughter is a charge in cases where one person’s unintentional negligence clearly leads to the death of another individual. In cases where the criminal negligence is considered especially severe or “murderous,” an individual may face a greater charge of vehicular homicide. This kind of charge is commonly seen in cases of drunk or drug-impaired driving, but it is also sometimes brought in cases where cell phone-related distraction has played a role in negligent driving.

To put it simply: Yes, texting while driving can lead to a charge of vehicular homicide—essentially, murder by car. If convicted, a driver could face years in prison, depending upon the degree of recklessness and the relevant laws in the state where the accident occurred.

Reckless driving

Even if no one is killed (or injured), a driver found to have caused an accident as a result of texting while driving can be charged with reckless driving. Again, different states have different laws regarding texting and cell phone use, so the severity of reckless driving charges and consequences can vary significantly. Regardless, it’s not something you want to have on your record.

How to Avoid the Temptation of Using Your Phone on the Road

Teens and young adults are especially susceptible to the temptation of cell phone use while driving, but drivers of any age can be guilty. With the constant pressure to stay in contact with friends and family and return texts as quickly as possible, it can be hard to ignore the desire when it arises. Use the following tips to help you keep your eyes on the road:

Make it known to friends and family that you will not be texting while you’re in the car. When your contacts know and understand that you may not always be able to text back right away, it can help to take some of the social pressure off of the act.
Put your phone into silent mode. If you can’t hear a text come in, you won’t be tempted to respond to it.
Download a specialized application that specifically prevents you from texting while driving. By leveraging your phone’s GPS capabilities, certain apps are able to determine when you’re driving and can restrict your access to text messaging (with the appropriate permissions set, of course). Most such apps can be disabled fairly easily if you plan to text from the passenger seat—just remember to turn it back on before you get behind the wheel again!
Keep your phone in a place in the car that you can’t reach while driving. By putting your phone out of your reach before you ever get behind the wheel, you’re physically restricted from using it while you drive. If you usually use your phone for music, consider switching to CDs, radio stations, or a separate mp3 player, instead.
If you absolutely have to use your phone, pull into the nearest parking lot (or, failing that, pull over to the side of the road).

Seek Legal Counsel from a Professional Car Accident Lawyer in Houston, TX

When you’ve been involved in a crash that resulted from a combination of texting and driving, the experience can be stressful, frustrating, or even downright life-changing—especially if someone has been injured or killed. Whatever the case, it’s important to seek the help of an experienced auto accident attorney like those at SMS Auto.

The importance of having a knowledgeable car crash attorney on your side can’t be understated, especially if you’re a victim dealing with an insurance company that refuses to pay for your medical costs as a result of an accident. Our vehicle accident law firm has over 100 years of combined trial experience and has helped recover more than $720 million for injury victims.

To learn more about what a vehicle accident lawyer from SMS Auto can do for your case, call us today at (713) 574-5089 to set up a free consultation.

Sources

What to Do in a Single-Vehicle Accident

April 11, 2017 By admin Leave a Comment

Unlike traffic accidents in which two or more vehicles collide on the road, single-vehicle accidents are those in which a single car leaves the road, hits an animal/fallen rock, rolls over, or experiences some other trauma. Whatever the cause, being involved in a single-vehicle accident can be terrifying, complicated, and, unfortunately, expensive. In this blog post, we’ll discuss what you should do if you find yourself in a single-vehicle accident.

Keep Calm and Get to Safety

This can be incredibly hard to do after you’ve hit a deer or been in a roll-over, but it’s important that you keep your wits about you as much as possible to ensure that you handle the situation properly. If the accident was particularly serious, and you believe staying in the car may be dangerous (if you notice smoke or gas leakage, for example), try to get yourself to safety. If you’re physically unable to leave the car but can get to your phone, call 911.

Seek Medical Attention, if Needed

Check yourself for injuries and take a moment to consider whether you’re seeing and thinking clearly (non-visible injuries like concussions can often be overlooked). If you have any injuries that need immediate attention, call for an ambulance.

Get a Police Report

Even if the accident is relatively minor, it’s important that you call your local authorities and get a police report. This can be quite helpful when dealing with your insurance company, as it may provide evidence to illustrate exactly what happened and/or that it occurred due to no fault of your own.

Be Forthcoming but Cautious

When speaking with the police, it’s important that you’re careful about what you say. This is not to say that you should withhold information, but you should take care not to accidentally implicate yourself in things like negligent driving or driving under the influence. Even if you think the accident was your fault, you don’t want to admit fault right away.

Take Photos and Notes, as Needed

It may be valuable to immediately record what you remember from what happened, including any strange experiences you may have had with the vehicle before the accident occurred. In some cases, single-vehicle accidents can be caused by a vehicle malfunction, and it’s important that you have something to support the argument that it was not related to driver negligence or impairment.

Seek the Help of a Professional Car Accident Attorney

Due to the complexities involved in dealing with car insurance companies and other accident-related issues, it’s important that you have the legal support of an experienced auto collision lawyer like those at SMS Auto. Your attorney will be able to help you navigate the situation properly and get the best possible result from your insurance company so that you can get back to life and back on the road.

For a free consultation with one of our experienced accident lawyers, call us today at (713) 574-5089.

Self-Driving Semi-Trucks: Are They the Future?

March 11, 2017 By admin Leave a Comment

In the modern era of automated, wireless, internet-connected gadgetry, self-driving vehicles have become a new and burgeoning reality. Despite the news about self-driving personal cars from companies like Google, the fastest-growing aspect of this new technology is actually in the realm of self-driving big rigs.

Much to the chagrin of current fleets of truck drivers, the machine-driven vehicles are now being tested and poised to take over at least some of the nation’s freight hauling work (or so their manufacturers hope).

The primary saving grace for currently-employed truckers is that the vehicles will likely not be completely driverless, thus relying on live human beings to keep their eyes on things and perform various maintenance tasks the trucks can’t do alone. Still, truck drivers say, it won’t be the same.

Regardless of whether the human truck drivers we’ve come to rely on will be happy if and when these self-driving big rigs roll out, there’s a distinct possibility that average motorists will find themselves driving next to these “robot trucks” quite regularly in the future.

Could Self-Driving Trucks Lead to an Increase in Semi-Truck Accidents?

One of the most obvious questions that comes to mind when considering self-driving truck technology is whether it will lead to an increase in semi-truck accidents. Those who drive and design the trucks say it’s unlikely; self-driving semi-trucks will still have that human driver behind the wheel to take over if anything should go wrong. Unfortunately, the rest of us can only trust that the driver will be paying attention when that error occurs.

What to Do if You’re in a Semi-Truck Accident

Regardless of whether a truck is being driven by a computer or a human being, a collision with such a large vehicle can be especially damaging. If you find yourself the victim of a semi-truck accident, the most important thing is to seek immediate medical attention.

Even if you are only clipped by the truck and feel physically fine, you could have suffered internal damage due to the force of the impact. Regardless of your exterior condition, it’s best to get looked at by a doctor.

Once you’ve been assessed and any emergency issues are treated, you should immediately contact a truck accident attorney to discuss the incident and your legal rights in the case. Experienced lawyers like those at Schechter, McElwee, Shaffer & Harris, L.L.P. will work with you to figure out what happened through liability investigations, determine what your compensation should be, and build a strong case to fight for what you deserve.

Depending upon the facts of the case (medical treatment/condition, parties at fault, insurance coverage, etc.), it can take several months to fully settle a semi-truck lawsuit. With the assistance of good legal counsel, however, you can rest assured that things will be taken care of as quickly as reasonably possible.

For your free consultation to discuss your case with an expert big rig accident attorney, call us 24/7 at (713) 574-5089.

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Our Experience SMSH has more than 100 years of combined trial experience. We have helped 1000's of clients across the United States.	Millions Of Dollars Recovered We have recovered more than $720 million for injury victims. We also obtained the largest settlement paid by U.S. government to an injured worker.
Recognized In The News SMSH has been featured in Bloomberg, CNN, MSNBC, Newsweek, and the AP among other national news sources for our work as personal injury attorneys.	Board Certified Injury Lawyers The lawyers of SMSH maintain their certification largely through their active and aggressive personal injury trial practice involving a variety of cases.
Award Winning Trial Attorneys We have have been recognized nationally for our work as Personal Injury attorneys by Best Lawyers, Super Lawyers, Avvo 10 Ratings, and Houstonia Top Lawyers awards.	Many Satisfied Clients “I would recommend anybody to Mr. Harris. He did a fine job of walking me through the process of recovery. I had no idea that I would get the substantial settlement I did and I thank you with all of my heart.” - Roy Guerrero

Tips to Avoid Rollovers

Buying Rollover Resistant Vehicles

Sideswipes and You

Prevention Tactics

How to Protect Yourself from a Collision with a Semi-Truck

Stay Focused

Stay Awake

Stay Sober

Stick to the Speed Limit

Practice Defensive Driving

Watch Your Blind Spot (and Theirs)

What to Do if You Are Involved in a Truck Accident?

A Risky Proposition

The End of Traffic Accidents?

When Vision Meets Reality: The Tesla Controversy

Smart Cars: A Cyclist’s Worst Nightmare?

Beyond Prediction: Preparing for the Future

Motorcyclists: Know Your Rights

What Would a Car Accident Attorney Say?

Involved in a Motorcycle Accident? Get Help from Schechter, McElwee, Shaffer & Harris, L.L.P.

How Distracting Is Texting and Why Is It Illegal?

Potentially Deadly Consequences

Texting and Driving Can Lead to Criminal Charges

Vehicular manslaughter/vehicular homicide

Reckless driving

How to Avoid the Temptation of Using Your Phone on the Road

Seek Legal Counsel from a Professional Car Accident Lawyer in Houston, TX

Keep Calm and Get to Safety

Seek Medical Attention, if Needed

Get a Police Report

Be Forthcoming but Cautious

Take Photos and Notes, as Needed

Seek the Help of a Professional Car Accident Attorney

Could Self-Driving Trucks Lead to an Increase in Semi-Truck Accidents?

What to Do if You’re in a Semi-Truck Accident