Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

Every year in the United States, around 2.5 million rear-end collisions are reported. Any number of factors can lead to a rear impact crash, including distracted driving, tailgating and poor weather conditions.

Even at slow speeds, a rear-end car accident can lead to serious injuries. The impact of being struck from behind causes the driver or passenger to rapidly and unexpectedly pitch forward, which can cause spinal injuries, whiplash or even a concussion.

While even the safest drivers cannot prevent all car accidents, there are steps that we can take to reduce the chances of being involved in a rear impact car accident. Protect yourself, your loved ones and your vehicle by being a defensive driver and following these tips to help avoid rear-end car accidents:

• Begin to brake well in advance of your need to stop to alert the driver behind you that traffic is slowing, which gives them more time to react.
• Avoid braking abruptly. Rather than slamming on your brakes to try to catch a missed turn, it is much safer to drive past it and turn around.
• Exercise caution when pulling out in front of moving traffic. Wait for a sufficient break between cars.
• Never tailgate other drivers. Always maintain a safe distance between your car and the vehicle ahead of you.
• Pay attention to the traffic down the road, not just the car directly ahead of you. That way you will be alerted to traffic coming to a stop.
• Give driving your full attention. Never drive distracted, such as driving while eating, talking on a cellphone or texting.

If you have been injured in a rear end collision caused by someone else’s negligence, contact a personal injury attorney today for legal advice.

• Email This
• Print
• Comments
• Trackbacks

You’ve been injured in a car accident – your medical bills are mounting and you’re using a rental car to get around. You’re ready to move forward with your life, but you can’t because the insurance company isn’t responding to your claim.

Does this scenario sound familiar? Insurance companies are obligated to respond to car accident claims in a timely manner. Unfortunately, they do not always hold up their end of the bargain.

Car insurance is a business, and like any business, car insurance companies are out to make money. Paying out on a claim isn’t profitable, and too many insurance companies intentionally stall in responding to claims.

If you are dealing with an insurance company that won’t respond to your claim, then it’s time to talk to a car accident attorney. Hiring an attorney sends a clear message to the insurance company that you are serious about getting compensated for your injuries and damage to your vehicle.

A qualified car accident attorney has the experience and legal knowledge necessary to aggressively pursue your claim and ensure that the insurance company fulfills its obligations. Car insurance companies want to avoid litigation, and the prospect of facing a lawsuit will prompt them to move quickly on your claim and offer you a fair settlement.

If you have been hurt in a car accident, contact a personal injury attorney today. Let your attorney deal with the insurance company so you can focus on healing and getting your life back to normal.

• Email This
• Print
• Comments
• Trackbacks

Do laws that ban hand-held cell phones and texting while driving actually decrease car accidents? Common sense would suggest the answer is yes, but a new study by the Highway Loss Data Institute (HLDI) is calling that assumption into question.

The HLDI study, the results of which are expected to be released at a conference in Washington, D.C. on Friday, suggest that laws banning texting and the use of hand-held phones while driving do not result in a significant decrease in motor vehicle accidents.

The results of this study come on the heels of an announcement by Transportation Secretary Ray LaHood of new rules forbidding commercial truck and bus drivers from sending and receiving text messages while driving.

The Transportation Department criticized the HLDI findings in a statement released on Friday, saying “it is irresponsible to suggest that laws banning cell phone use while driving have zero effect on the number of crashes on our nation’s roadways.”

In the study, the HLDI analyzed data on monthly collision claims from four states that have banned the use of hand-held cell phones by drivers. The study looked at data from before and after the bans took effect in New York, Connecticut, California and Washington D.C.

According to the HLDI, a research institute funded by the car insurance industry, the data indicates that car accident rates didn’t change after the bans were put in place.

In a release, Adrian Lund, the president of the HLDI and the Insurance Institute for Highway Safety, stated “The laws aren't reducing crashes, even though we know that such laws have reduced hand-held phone use, and several studies have established that phoning while driving increases crash risk.”

In response to these findings, experts are suggesting that distracted driving in general, not cell phone use in particular, is the real danger.

The laws have been effective in getting drivers to switch to hands-free devices, but, some are suggesting, talking while driving, whether on a hand-held or hands-free device, is where the actual risk lies. It’s the distraction, not necessarily the cell phone per se, that causes car accidents.

Focusing on distracted driving, says Russ Rader, a spokesman for the Insurance Institute for Highway Safety, is not the same thing as focusing on distracted driving. “Distraction is what has always caused car crashes, and cell phones don’t appear to be adding to that,” says Rader.

Texas is among the many states that now has a partial ban on using hand-held cell phones while driving.

For more on the HLDI study, see this piece in the Wall Street Journal. Also, this article on CNET News offers further insight into the HLDI study and the issue of distracted driving.

• Email This
• Print
• Comments
• Trackbacks

USA Today offers up an interesting opinion piece on laws that ban texting while driving. Texting in and of itself, the piece points out, is not a bad thing. In fact, texting has even saved lives, such as in the case of the Texas kidnapping victim who sent a text message from the trunk of his car that ultimately saved his life.

It’s where and when the texting occurs that presents a problem. Distracted driving accounts for nearly 6,000 deaths each year, according to National Highway Traffic Safety Administration data cited by the article.

Texting while driving, the piece notes, is not the only form of distracted driving. Distracted driving also includes things like eating while driving or talking on a cell phone. Texting, however, poses an even more serious risk because it requires the driver to take their eyes off the road.

The columnist contends that it will take a combination of education and awareness as well as laws to effect real change. The piece mentions FocusDriven, the nonprofit organization started by a Texas woman that we spotlighted in a recent blog post.

The column ends with an interesting tidbit – distracted driving was selected by Webster’s dictionary as its word of the year for 2009. We echo the columnist’s sentiments in hoping that 2010 is the year that paying attention to the road while driving makes a comeback.

If you have lost a loved one in a car accident caused by a distracted driver, contact Fears | Nachawati today to receive free legal advice from a Texas personal injury attorney.

• Email This
• Print
• Comments
• Trackbacks

A 72-year-old man well-known to Tarrant County residents was killed in a pedestrian accident early Monday morning.

The victim, Leslie Scribner, was regularly seen around Grapevine pulling a toy cart filled with stuffed animals.

Scribner died after being struck by a car while he was crossing Texas 26. The accident occurred near the highway’s intersection with Mustang Drive, but Scribner didn’t cross at the intersection and investigators are unsure why.

A man in his 40s was driving the gold Infiniti FX35 that struck Scribner. Police say the man has been cooperative, and they don’t expect to file any charges against him.

To read more on this Texas pedestrian accident, click here for the complete article.

If you or someone you love has been hurt in a pedestrian accident, contact the Texas personal injury lawyers of Fears | Nachawati today. To receive free legal assistance, email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks

Three people are dead after a multi-car accident on Highway 380. The accident took place at around 4:35 p.m. Thursday afternoon on the overpass between Preston Road and Dallas North Tollway.

A gold passenger car was headed eastbound on Highway 380 when its driver lost control of the vehicle. The car then spun into oncoming traffic. Two vehicles headed westbound on 380 crashed into the gold passenger car.

The gold car was carrying three passengers. Two of the passengers were killed instantly, 92-year-old Katherine Nelson and 62-year-old Richard Wilbourn. The driver of the car, 66-year-old Patricia Wilbourn, was seriously injured and later died at a hospital.

Three people from the other two vehicles involved in the accident were transported to area hospitals for non-life threatening injuries.

Investigators believe inclement weather and icy road conditions are to blame. No charges will be filed.

Highway 380 remained closed for several hours following the accident.

For more on this Texas car accident, click here for the complete article.

If you or someone you love has been injured in a car accident, contact the Texas personal injury attorneys of Fears | Nachawati today. For free legal advice, simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks

Three people are dead and another three are injured after a head-on collision Friday morning that took place south of Lavon Lake, Texas. The accident occurred at around 10:00 a.m. on Highway 205, about a mile outside of Wylie.

Among those injured was a four-year-old girl who lost her mom and grandparents in the accident.

It appears that the white Hyundai SUV was traveling north when it likely hydroplaned, crossing the center line and hitting a Honda Passport minivan head-on.  It was raining at the time of the accident.

The driver of the minivan as well as two passengers in the vehicle were killed. The two individuals in the SUV suffered nonlife-threatening injuries.

The investigation into the accident remains ongoing. As of Friday, no charges had been filed.

To read more about this Texas car accident, click here for the full article.

If you have been injured in a car accident, contact Fears | Nachawati today for free legal advice from a Texas personal injury lawyer. You can e-mail us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks

In some cases, it is not only the driver of the motor vehicle that caused the car accident that can be held liable for your damages. If the driver who caused your accident was an employee acting within their capacity as an employee, you may be able to bring legal action against the employer of the driver. 

This legal theory is known as vicarious liability. Note that vicarious liability only applies if the individual was acting during the course and scope of their normal activities in service to their employer.

In addition to employers, there are times when it is possible to hold the owner of a vehicle accountable for a car accident, even if the owner was not driving the vehicle at the time of the accident. 

Under Texas law, the owner of a vehicle is responsible for damages caused by the driver if the owner knew or should have known that the driver was reckless, incompetent or inexperienced. This legal theory is referred to as liability for negligent entrustment.

An experienced lawyer can evaluate the facts of your case and help you determine who is responsible for your damages and injuries. To receive free legal advice about your potential personal injury or car accident lawsuit, contact the attorneys of Fears | Nachawati today. You can email us, or phone us toll-free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks