People hold a common misconception about distracted driving and assume this just applies to texting while driving. However, the truth of the matter is that distracted driving is considered any type of activity that takes your eyes, hands, or mind off your driving.

Most people are surprised to learn distracted driving includes:

• Eating or Drinking
• Talking on the Cell Phone (Hands-Free or Handheld)
• Applying Makeup/Shaving
• Reading
• Daydreaming

In addition to texting while driving, these types of distracted driving habits contribute to the number of accidents and personal injuries caused by them. Since 2014, there have been over 3,000 people killed every year due to distracted driving.

To prevent distracted driving and reduce the risks of causing an accident that could potentially cause serious injuries or even death to others, you should only focus on driving and no other activities.

To learn more facts about distracted driving, types of distractions, common distractions and how they affect your driving, and other statistics, we invite you to continue reviewing and reading the following infographic.

If a loved one or you have been injured or killed due to personal injuries caused by a distracted driver, contact Schechter, McElwee, Shaffer & Harris, L.L.P. to speak with one of our Houston TX car accidents attorneys today.

There are several differences between DUI and DWI, but both should be considered serious offenses. DUI means driving under the influence of alcohol. If you are under the age of 21, you can be convicted for DUI with any detectable amount of alcohol during a BAC (blood alcohol concentration) test.

DWI means driving while impaired. The amount of impairment is measured by the results of a BAC test. Based on the test results, it will determine the seriousness of the offense, the Class of offense you are charged with, and potential outcomes if you are convicted and found guilty.

Texas takes DUI and DWI offenses very seriously and has some rather strict punishments for those convicted including large fines, hefty license fees, and jail time. For further differences between DUI and DWI in Texas, as well as to learn more about potential penalties for the offenses, please continue reviewing the following infographic.

If you were or a loved one was injured in a car accident due to the negligence of a DUI or DWI driver, please feel free to contact the auto accident lawyers at Schechter, McElwee, Shaffer, & Harris, L.L.P.

When we talk about roadways and traffic safety, we tend to talk predominantly about motor vehicles—cars, trucks, motorcycles, etc. In our mile-a-minute world, it can be easy to forget that bicyclists also share a right to the road.

Unfortunately, the interaction between drivers and bicyclists can be confusing, frustrating, and, in some cases, dangerous. From confusion about where to ride and when drivers should pass to difficulty navigating intersections, combining bikes and cars on the road can, unfortunately, create a number of uncertain and risky situations for everyone involved.

In this article, we’ll take a look at how the inclusion of protected bike lanes on major roadways can reduce the risk of accidents, as well as how these bike lanes are growing in popularity throughout the nation. Could protected bike lanes become a standard feature on roads in the future?

The Importance of Bike Lanes

Although current driving laws treat bicycles the same as motor vehicles, people have long argued that mixing slower, minimally protected bicyclists with faster, 2,000-lb vehicle drivers creates unnecessary difficulties. Sometimes, frustration with slow bicyclists can cause drivers to speed around them at close range, placing both parties—and any oncoming traffic—at greater risk. Similarly, frustrated bicyclists in regular traffic sometimes ignore the risks and start darting between vehicles in a slow-down.

With the addition of a dedicated lane for bicyclists, fast motor vehicle traffic and slower bicycle traffic are physically separated, making clear to drivers and bicyclists via road markings which kind of traffic is allowed in which lane. For populous areas with a lot of bicyclists, this small amount of additional organization and clarity can greatly improve the flow of traffic, as well as reduce frustrated, risk-taking behavior.

Bike lanes have also been widely lauded for their encouragement of a healthy lifestyle and environmentally friendly transportation solutions. By making it easier for people to ride bikes to work, stores, and other common destinations, people can choose to take a bike over a fuel-consuming car more often. For the rider, this means more exercise, fewer vehicle emissions, and major savings on often expensive gas costs.

How Do Protected Bike Lanes Actually Work?

A protected bike lane is more than just a line painted for occasional use. Unlike existing unprotected bike lanes which can also serve as bus lanes or be used as turn lanes for cars, protected bike lanes are designed specifically for bicyclist use only (motorcycles do not qualify). These lanes would be treated equally to the roads, which means that they would be cleared of snow in the winter and kept free of parked vehicles at all times.

While protected bike lanes can be easily designated with a standard white line or a wide lane of colorful paint, they may also be separated from drivers by a physical median or barrier for added safety.

In some design plans, protected bike lanes have even been given their own set of lights to address the unique nature of bike traffic. This idea could be beneficial for both bicyclists and drivers, in that it could prevent confusion regarding whether the bicyclist or the vehicle has the right of way.

As we all know, not everyone has a great understanding of the rules of the road. By taking human error out of the picture and automating traffic signals for bicycle lanes in tandem with standard traffic lights for cars, both will be able to navigate intersections and roadways safely without the risk of collision.

Naturally, making any sort of addition to public roadways will require a significant financial investment on the part of the city. In some cities, bicycle commuters may not be common enough to justify this expense. For cities where traffic and environmental issues are a major public concern, however, benefits like increased bicyclist safety and reduced vehicle emissions may well outweigh the initial cost.

To reduce the financial burden on cities, existing streets can easily be modified to add a protected bike lane by adding movable physical barriers like posts and planters.³ This creates instant lane separation without any costly construction projects.

The Future of Traffic Could Mean More Bikes

Over the last decade, people have increasingly turned to bikes for regular transportation for a variety of reasons. Some have taken up biking to address environmental concerns, save money on gas and automotive expenses, and improve their personal health by exercising more regularly.

Should the cost of living, the price of fuel, and the social interest in environmentalism continue to increase over time, we may find that bikes become a part of normal daily traffic all over the country.

As of 2017, we’re already moving in the direction of protected bike lanes in highly populated areas. Even now, some major metropolitan cities are seeing enough bicycle traffic and potential overall traffic benefits to justify the addition of widespread protected bicycle lanes.

In Minnesota, the twin cities have been rolling out a long-term plan to add a network of bike lanes, in both Minneapolis and St. Paul, to address growth and greenhouse gas emissions concerns. Both cities have seen an increase in bicycling since making the metro area more bike-friendly.¹ Similarly, Los Angeles has proposed Mobility Plan 2035,⁴ a complete overhaul of public transportation and bicycle lanes that will add about 300 miles of protected bike lane.

Protected Lanes May Improve Accident Statistics

According to data from the National Highway Traffic and Safety Administration (NHTSA), 818 pedalcyclists (i.e., bicyclists, unicyclists, tricyclists, and riders of other non-motorized, pedal-driven vehicles) were killed in the year 2015, accounting for roughly 1.8% of total traffic crash fatalities.

Of those fatalities, 70% occurred in urban areas.² While this may seem like a small amount, overall, these 818 individuals might not have perished had bicyclists been given a dedicated space away from heavy, fast-moving cars, trucks, and buses.

In addition to potentially reducing the number of crashes between motor vehicles and bicycles, clarifying traffic with bike lanes may also reduce the number of crashes between motor vehicles. All too often, drivers create additional crash risks by swerving around bicyclists. Separating bicycle traffic from motor vehicle traffic eliminates the need to swerve.

Have You Been Injured in a Crash? Our Vehicle Accident Law Firm Can Help

If you’ve been injured in a crash involving a bicycle and one or more motor vehicles, you may be facing significant medical bills, loss of income, and more. As an accident victim, you have a legal right to seek damages to help you cover these expenses and compensate you for your pain and emotional distress. When you seek damages from the responsible party in court, make sure you have the legal representation of an experienced accident injury attorney like those at Schechter, McElwee, Shaffer & Harris.

The talented accident lawyers at our law office have been winning severe injury cases for more than 50 years. To learn more about how we can help you with your accident injury case or schedule a free consultation, call us anytime, 24/7, at (713) 364-0723.

Sources

1. http://www.startribune.com/spread-of-bike-lanes-in-minneapolis-and-st-paul-prompts-both-excitement-and-ire/452153753/
2. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812382
3. http://www.bikewaysforeveryone.org/protected_bike_lanes
4. http://www.laweekly.com/news/los-angeles-goes-bike-lane-crazy-5904267

In Texas, the law requires all licensed drivers to carry, at a minimum, liability coverage. Liability coverage will pay for personal injuries and property damage you caused another. However, it will not pay for any damages to your vehicle or self.

Regardless of the minimum legal requirements, research data from a 2016 report compiled by the Insurance Research Council placed Texas in the top five states for uninsured motorists. While Texas did rank 19 in the percentage of uninsured motorists out of all states, this still equates to 13.3 percent, or 1.6 million people driving without any insurance.

As such, the likelihood of being involved in a car accident with an uninsured motorist is a very probable. This means, unless you have the right insurance coverage, you could be left paying for repairs to your vehicle and any medical care and treatment you require for personal injuries.

Unfortunately, in Texas, most people purchase the minimum amount of insurance needed to get their vehicle registered and licensed with the DMV (Department of Motor Vehicles). Once this is done, they stop making payments on their car insurance, and it is canceled.

Yet, they continue to drive every day on Texas roads. Sooner than later, they end up causing an accident, leaving the other person wondering if they need to talk to a car accident attorney in Houston at Schechter, McElwee, Shaffer & Harris, L.L.P.

How You Can Protect Yourself from Uninsured Motorists

Two types of optional coverages you will want to add to your current insurance plan are uninsured motorist coverage and personal injury protection (PIP). Uninsured motorist coverage will pay for damages caused by another to your property in the event they are uninsured or underinsured.

In some cases, your own insurance company may waive your deductible if your damages were caused by an uninsured motorist. This coverage will cover the costs to repair or replace your vehicle (at its current market value). However, it does not cover any personal injuries caused by the uninsured motorist.

PIP coverage provides personal injury protection. If you are injured during the accident, and the other person does not have insurance, then your PIP coverage will pay for your medical care and treatment. Some plans also include reimbursement for a decent percentage of lost wages if you are unable to work, up to your plan’s limits.

Do I Need Uninsured Motorist Coverage if I Have Collision Coverage?

The thing with collision insurance is it does pay for damages to your vehicle caused by another, but there is often a deductible you have to pay out of pocket. Uninsured motorist coverage functions similarly to property liability coverage. You can use your collision insurance to bridge the gap between the maximum limit on the uninsured coverage and the total amount of your property damages.

Why Are There So Many Uninsured Motorists on the Road?

It might alarm you to learn that, according to an article in the Dallas Morning News from July 2012, there were 2.6 million uninsured motorists on the road, down from 4.2 million uninsured motorists from 2011. At that time, the state was busy cleaning up its DMV database, along with making enhancements to the TexasSure vehicle insurance program.

Even with improvements to the DMV’s database and monitoring of licensed drivers with and without insurance, there are still many inaccuracies in data. As previously mentioned, many people will purchase the minimum required coverage to renew their vehicle registration, get a new license plate, or renew their driver license. Once that is done, they simply stop paying for car insurance.

One of the biggest excuses people will make for not keeping car insurance is because they cannot afford it, but this is just an excuse. Granted, Texas does have some of the highest premiums in the country for full coverage protection. For instance, based on data collected by Carinsurance.com, average annual rates are around $1,300.

Yet, this is just an average rate. When you factor in speeding tickets, accidents, age, number of prior insurance claims, the area where the person lives, and other such information, it is not unheard of to pay $3,000 to $4,000 or more per year for full coverage insurance.

In addition, insurance companies set their own rates on how much they charge. For example, in one Dallas neighborhood, insurance rates ranged from around $1,100 a year to almost $3,000 a year for the same type of full coverage insurance on the same type of vehicle.

It is not much different here in Houston. Data shows that in one Houston neighborhood, full coverage rates ranged from around $1,200 to almost $3,000 for the same coverage on the same vehicle!

Why Everyone Needs to Carry Liability Insurance

If you factor in data from the Texas Motor Vehicle Crash Facts from 2015, you can see why it is important for all motorists to be insured. Some of the more alarming statistics from this 2015 report were:

• There were no deathless days on Texas roads.
• There was one person injured every 2 minutes and 8 seconds.
• There was a reportable crash every 61 seconds.
• There was one person killed every 2 hours and 29 minutes.

The state only mandates drivers to carry liability insurance. The annual average rates from the state’s minimum coverage ranges from around $350 to $630 a year. If you increase that to 50/100/50 coverage (i.e., $50,000 personal injury protection per person, $100,000 maximum per accident, and $50,000 property damage), annual rates range from around $350 to $670.

As evident, there should be no excuse why there are 1.6 million people driving in Texas without minimum liability insurance coverage. Sadly, this is not the case, and people continue to risk the lives and property of other motorists every single day by driving when they know they do not have insurance.

What to Do if You Are Involved in an Accident

If you are involved in an accident, whether a minor fender bender or a more serious crash, there are several dos and don’ts you should follow:

• Do call the police. Even if the other person begs you not to because they don’t have insurance, you will need a police report to file a claim with your insurance.
• Do move your vehicles out of the way if still drivable. Never leave your vehicle parked in the middle of the road. Take pictures of the damages with your smartphone, then carefully pull the vehicles off to the side of the road and out of the way.
• Do get names and contact details from any witnesses. You may need witness statements to support your claim against the other party.
• Do take pictures of the road conditions and damages to both vehicles. Pictures can be valuable evidence if you need to dispute an insurance claim or file a personal injury claim against the other party.
• Do make a record of the events prior to, during, and after the accident. If you write these things down while they are fresh in your mind, they can be helpful to give your account once the police arrive.
• Do request medical care and treatment. Our adrenaline levels are often elevated during and after a car accident. This can mask different types of injuries and pain. It is better to get examined by a medical professional to ensure you are not injured.

• Do call an auto accident attorney. Most car accident law firms, ours included, will provide a free, no obligation consultation where you can ask questions and discover if you have grounds for filing a personal injury claim against the other party responsible for the car accident.
• Don’t leave the scene of the accident. Leaving the scene of an accident for any reason is not excusable under the law.
• Don’t agree to openly exchange personal information with the other driver. The other person is a complete stranger. If you need the personal information of the other driver, it will be in the police report.
• Don’t remain in a dangerous area on the road. If you cannot move your vehicles off the road because they are not drivable, do not remain in them. Instead, move a safe distance off to the side of the road until the police and emergency responders arrive.

Even if the accident was caused by an uninsured motorist, it does not mean you may not have grounds for a personal injury case. In addition, your car crash lawyer can help negotiate a fair personal injury settlement with your own insurance company.

If you or a loved one has been injured in a car accident in Texas, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713.574.5089 today to speak with one of our Houston car accident lawyers!

Sources

1. http://www.carinsurance.com/Articles/uninsured-motorist-coverage-state-averages-of-uninsured-drivers.aspx
2. http://www.carinsurance.com/state/Texas-car-insurance.aspx
3. https://www.dallasnews.com/news/texas/2012/07/02/number-of-uninsured-drivers-on-texas-roads-drops-sharply
4. http://www.carinsurance.com/city/Houston-auto-insurance-TX.aspx
5. https://houstontxautoaccidents.com/car-accident-lawyers/