Click It Or Ticket 2017 Has Begun, But Just Buckle Up So You Don’t Get Obliterated
Monday, May 22 marks the beginning of the Texas Department of Transportation's two-week "Click It Or Ticket" campaign. Until June 4, Texas law enforcement officers will actively ticket drivers and passengers who are not wearing seatbelts. People whose young children are not riding in appropriate child-safety seats or booster seats will also be subject to...
How Do I Discover the Other Driver’s Insurance Policy Limits?
I've learned over the years that the quickest way to make people's eyes glaze over is to either discuss evidentiary rules in Texas courts or to talk about insurance. Despite being a topic that doesn't make people scream, "Oh, tell me more," following a fatal accident, knowing how insurance works is crucial to the surviving...
There Are More Daytime Drunk Drivers Than We Realized.
It's widely understood that the hours of midnight to 4 a.m. are a risky time to be on the road. It's not a baseless assumption; in Texas, our roads see an unfortunate number of drunk drivers taking to the streets around the time of last call. Indeed, this phenomenon is so well appreciated that most...
Are Passengers “Assuming the Risk” When They Ride with Drunk Drivers?
Everyone can probably agree that riding with a drunk driver is dangerous. However a passenger may have ended up in the vehicle (not knowing that the driver was intoxicated, or maybe even just drunk themselves) there's a significant measure of danger in sharing it with a drunk person behind the wheel. If we were to...
Do I Need An Accident Reconstructionist for My Truck Accident?
It's a common misconception that a driver who rear-ends another vehicle is always at fault. The popular belief is that the driver in the back is expected to exercise greater caution, given that they can more easily monitor the activity of the car ahead of them. This idea suggests that a collision shows the rear...
Texans Fighting Wrong-Way Driving With Smarter Signs
One such set of lines is the ones that divide the lanes of the road. Motor vehicles are obviously extremely dangerous, especially when operated incorrectly. The law does what it can to make sure people more or less understand this fact and keep it in mind when operating a vehicle, but drivers still make bad...
How “Silver Alert” Bias Could Affect 18-Wheeler Accident Cases
Medicine and technology continue to improve, drastically improving the average citizen's lifespan. That can be something of a mixed blessing, however. On one hand, seeing the world change and one's family grow are likely a positive experience for many. On the other, extending a person's years increases their risk of a variety of disorders, including...
Austin PD Miss The Point By Blaming Reflectors Instead of Drunk Driver
For all their purported benefits to the environment and individual health, bicycles retain something of a bad rap as a means of transportation. Some of that may stem from their slightly-ambiguous status as a vehicle (should they stay on the sidewalk? Should they be in the road? In places without bike lanes, how much of...
Recognizing The Very Human Victims of Texas Drunk Driving Accidents
I wish I wasn't able to say this, but Texas endures far too many drunk driving accidents for us to be able to write about them all. In 2015, TxDOT reported 960 fatalities related to driving while intoxicated (almost 3 every single day), which unfortunately is too many to fully chronicle and examine. Furthermore, that...
Keep Austin Weird, Not Dangerous!: Texas Dram Shop Law and Travis County
The city of Austin, Texas is host to a wide variety of interesting sights and activities. Considered by many as the state's major artistic hub, "ATX" is a cultural center famous for unique cuisine and live music concerts. The city actually ranks first in Texas for number of artists and musicians per capita, which will...
Do Southlake and Grapevine, TX Have a Drunk Driving Problem?
A law-abiding bar won't serve a patron past a certain point, but it doesn't require stumbling and blackouts to reach the legal point of impairment. After reaching .08 blood-alcohol content (BAC), Texans can't get behind the wheel without breaking the law, and yet the statistics gathered by the National Highway Traffic and Safety Administration (NHTSA)...
How Drunk is a .32 BAC and How Dangerous Is It?
The news is often full of people who seem to have disregarded the maximum legal blood-alcohol content (BAC) of .08, drinking so much they violate not just the law, but common sense itself. Their tox-screen results suggest that many people arrested for intoxication have a BAC in the range of .15 to .30--well over the...
How Does a Texas Jury Apportion Responsibility Between a Bar and a Drunk Driver?
I talk a lot about Texas dram shop law, wherein an establishment that serves alcohol may be held liable if a drunk person causes injury to himself or others, but it's definitely important to keep individual accountability in the equation. Dram shop laws don't excuse the drivers themselves; it only acknowledges that the bars who...
Whodunnit: Evaluating An Accident With Several Possible Causes
There's a common misconception that accident attorneys will often sue anyone even tangentially related to a wreck--especially if those distantly-involved parties have deep pockets. The idea of course is that profit, not prudence, guides the attorneys' decision-making. It's a deeply cynical stance that is perpetuated by pop culture's insistence on portraying attorneys as vultures and...
Seeing the Signs: How We Spot Possible Dram Shop Accidents
Drunk driving appears to be a blind spot in our national consciousness. I cannot think of a single person, no matter how contrarian, who could compellingly argue that this practice has positive benefits. It's dangerous, it's illegal, and it flies in the face of common sense. I doubt I need to be worried about some...
Are Wet Road Conditions Grounds for an Act of God Defense?
While crashes due to inclement weather are not uncommon across the United States, I recently learned of an incident here in Texas, which prompted me to write a little more in-depth about the phenomenon. In wet, foggy conditions, a tractor-trailer hydroplaned just outside of Midland. It entered oncoming traffic and collided with a passenger vehicle,...
Intoxicated Driving Study: Harris County, TX and DUI Crashes
The first reported drunk driving accident in the United States happened in 1904. Automobiles were still very new technology when these matters started to arise, and yet similar incidents started to be published with increasing frequency. Further evidence that people love to drink in exotic situations and locales, as though we needed any more confirmation....
A Quick Refresher on Texas Dram Shop Law
Texas dram shop cases are seldom cut and dried. It's an important element of tort law; after all, bars and restaurants that over-serve their customers deserve to be held accountable for putting profits before safety. While the intoxicated individual most certainly owns a significant share of the responsibility--failing to observe his or her own limits,...
Is the 2017 Plains Ice Storm an Act of God, Legally Speaking?
This past weekend, an ice storm coated parts of Texas, Oklahoma, Kansas, and Missouri with up to an inch of ice. As a result hundreds of thousands of people lost power, there were massive disruptions, and most tragically, 6 people are known to have lost their lives in storm-related traffic accidents. There is no word...
The Case of Caden Nieneker: How Do Texas Dram Shop Laws Relate to House Parties?
On the surface, house parties tend to seem like a great idea. However, they can have downsides: With less room it's harder to escape a boring conversation, the bathroom line can be ridiculous, some people don't know when to stop drinking (often with disastrous results), and depending on your guest list there's a risk of...
