Commercial truckers and bus drivers banned from texting while driving

The federal government formally banned truckers and commercial bus drivers from texting while driving on Tuesday.

The announcement was made by Transportation Secretary Ray LaHood. LaHood calls the ban a “strong message,” adding “We don’t merely expect you to share the road responsibly with other travelers – we require you to do so.”

After Tuesday’s announcement, even reading a text message while driving will be a federal safety offense. Violating the ban could put a commercial driver at risk of losing their authority to operate their vehicle and could net them a fine up to $2,750 for each offense.

The new rules also prohibit reading while driving, but do not place a ban on talking on cellphones will driving or talking on dispatching devices.

Tuesday’s announcement comes on the heels of a similar ban imposed last month when President Obama ordered approximately 3 million federal workers to keep off their cellphones while behind the wheel.

Texas currently has a number of laws against texting while driving, including a ban on texting by school bus drivers, by drivers under the age of 18 and by drivers in a school zone or those who are transporting a child.

Jennifer Smith, a Texas native and founder of FocusDriven, a nonprofit organization dedicated to campaigning for bans on texting and talking on cellphones while driving, has gone on the record to express her satisfaction with the latest texting ban.

Says smith, “This shows that the federal government is taking this seriously. The dangers exist, and there need to be safety measures involved.”

According to the press secretary for the U.S. Department of Transportation, more comprehensive rules, include a ban on texting by school bus drivers, will follow in the months to come.

The Dallas Morning News published a piece on the new ban, including a look at how it will affect Texas.

What to do if you have been injured in a slip and fall accident

“Slip and fall” is a term used by lawyers to describe any accident that involves tripping or slipping because of a dangerous or hazardous condition on someone else’s property. If you have been injured in a slip and fall accident, there are certain steps you should take to help ensure that you receive full and fair compensation for your injuries.

Report the accident: Notify the owner of the property as soon as possible. Be sure to get a copy of the accident report. If the accident occurred on a residential property, notify the owner of the property both verbally and in writing.

Seek medical attention: Seek immediate treatment for your injuries. Records of a doctor’s evaluation of your injuries is critical to proving your case.

Keep records of the medical attention you receive: Save all documentation of the treatment you receive for the injuries suffered in your slip and fall accident.

Make a written record of the incident: While the incident is still fresh in your mind, write out a detailed account of your fall. Include information such as a description of the location where the accident occurred, the names and contact information of witnesses and any statements made by the owner of the property.

Take pictures: If possible, take photographs of the location where the fall occurred. Take pictures showing the scene of the accident from several angles. You should also take pictures of your injuries.

Get contact information for witnesses: Be sure to obtain the names and contact information of anyone who witnessed your slip and fall.

Contact a Texas personal injury attorney: Last but certainly not least, you should seek the immediate advice of an experienced Texas personal injury lawyer. A lawyer will be able to evaluate your case and determine whether you have a good claim. A lawyer can also help you understand your legal rights and explain your options.

How do I find a personal injury attorney?

Choosing a personal injury attorney is an important decision that deserves careful consideration. The knowledge and experience of your attorney can have a significant impact on the amount of compensation you are awarded.

One of the best ways to find a personal injury attorney in Texas is to ask for referrals from your friends and family members. You can also ask any lawyers or professionals you know for referrals as well.

Once you have a name, it’s time to evaluate the Texas personal injury lawyer and determine whether they are a right fit for your needs. First and foremost, you want a lawyer who regularly practices personal injury law. Special rules apply in personal injury law that don’t apply to other types of litigation. You need an attorney who is up to date on all of the latest developments in Texas personal injury law.

Second, find out whether the attorney you’re speaking with will be the one working on your case. The most common complaint against attorneys is that their clients can’t get in touch with them. You need a Texas personal injury attorney who is committed to you and your case.

Last, make sure that you are comfortable with your lawyer. You will be in regular contact with your attorney and will be discussing personal matters. You want an attorney who makes you feel at ease and with whom you enjoy working.

For free legal assistance from a qualified and experienced Texas personal injury lawyer, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584.

What will I get if I win my Texas personal injury lawsuit?

If you win your Texas personal injury lawsuit, you will be awarded money as compensation for your injuries and financial losses. This money is known as “damages.”

Damages fall into three general categories: compensatory, non-compensatory and punitive.

Compensatory damages are damages that compensate you for specific financial losses, such as medical bills, lost wages and property damage. Non-compensatory damages are damages that represent your pain, suffering and mental anguish.

Last are punitive damages, which are awarded as a means of “punishing” the defendant for particularly onerous conduct. Punitive damages are relatively rare.

Under Texas law, the individual who caused your injuries must compensate you for:

  • Past and future medical expenses
  • Time lost from work
  • Damaged property
  • Household assistance
  • Emotional anguish
  • Permanent disability and/or disfigurement
  • Other costs which directly resulted from your injury

Have you or a loved one been injured in an accident? Then contact the Texas personal injury lawyers of Fears | Nachawati. To receive free legal assistance, phone us toll free at 1.866.705.7584 or email us.

What is emotional distress?

Emotional distress is one type of injury for which you can seek compensation in a Texas personal injury lawsuit.

 

Accidents are traumatic experiences. Not only do they cause physical injuries, they can also cause the victim to suffer emotionally and mentally. Emotional distress, which is also often referred to as mental anguish, is the legal term used to describe an accident victim’s psychological reaction to the incident.

 

Victims experience emotional distress and mental anguish in different ways. There are, however, some common symptoms of emotional distress which include:

 

  1. Panic attacks
  2. Fear
  3. Sleeplessness
  4. Headaches
  5. Stress
  6. Nightmares
  7. Worrying
  8. Nausea
  9. Frequent crying
  10. Hyperventilation

Have you suffered emotional distress as the result of an accident? Then contact the Texas personal injury lawyers of Fears | Nachawati today. Simply emailus at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

 

Negligence in Texas personal injury lawsuits: Who is the reasonable person?

The reasonable person is a legal fiction. It is a hypothetical person who uses average care, judgment and skills in conducting themselves. We use the reasonable person standard to determine whether a person’s conduct was negligent in a given set of circumstances. Typically a person is negligent if they fail to behave the way a reasonable person would under those same circumstances.

In general, negligence relates to a defendant’s actions rather than their state of mind. Therefore, we need a way to decide if those actions were reasonable. The reasonable person standard provides courts and juries with an objective test that can be used to decide whether a person’s actions constitute negligence.

The reasonable person isn’t perfect. A reasonable person is allowed to make mistakes in perception and errors of judgment – but only if that mistake or error was reasonable under the circumstances. If the mistake was consistent with exercising ordinary care, then making that mistake does not constitute negligence.

The reasonable person standard frequently comes into play in Texas personal injury lawsuits because most personal injury lawsuits are based on negligence. If you have been injured due to someone’s negligence, contact Fears | Nachawati to speak with a Texas personal injury lawyer. Just email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.