Is Speeding a Main Cause of Fatal Auto Accidents?

The National Transportation Safety Board (NTSB) recently released a report that claims speeding and drunk driving cause an equal number of fatal car accidents. According to the NTSB report, speeding was a factor in 112,580 deaths between 2005 and 2014. This number accounts for 31 percent of all highway fatalities. This report also has significant implications for people in Lufkin and our surrounding counties. The NTSB report claims that accidents involving speeding are three times more likely to occur on local roads than on highways.

Angelina County has an abundance of both types of roads. Car accidents that involve speeding are not always fatal. In some cases, the impact may cause life-changing, catastrophic injuries. NTSB’s report found that speeding injured 336,000 people in 2014 alone. Forty percent of these victims were pedestrians, cyclists, or motorists who were driving under the posted speed limit. Depending on the type of injury involved, an accident survivor may need care for the rest of their lives.

Take, for example, someone who receives a spinal cord injury that results in tetraplegia. This is where the person has limited to no control over all four limbs. A person with tetraplegia will require specialized care and equipment for the rest of their lives. Pedestrians and cyclists are most likely to suffer these injuries after being hit by motorists who are speeding. They have no protection against the impact of being struck by a large, fast-moving object.

Do I Need an Attorney After an Auto Accident?

It is wise to consult with an attorney after a car accident, whether the cause was speeding or other factors. An attorney can help after a car accident in several ways, such as:

• Fighting insurance companies: The car insurance payout from your accident may not be enough to cover medical bills, lost income, and other expenses. An attorney can work on your behalf to ensure that you are compensated.

• Gathering evidence: Your attorney can help establish fault for the accident by finding evidence that helps your case. For example, they may be able to get a court order to obtain the electronic control module from the at-fault driver’s vehicle. The ECM could show whether the other driver was speeding at the time of the crash. In addition, traffic cameras, police reports, and other evidence may also exist.

• Filing a personal injury lawsuit: An attorney can file a personal injury lawsuit on your behalf. Damages from a lawsuit could help cover the costs of wrongful death and catastrophic injuries.

Speeding is an incredibly selfish act, yet we see people speeding on our roads daily. The lives of other people are not worth arriving at a destination a few seconds or minutes faster. If a negligent driver hit you or a loved one, contact our team of Texas auto accident attorneys at Mike Love & Associates, LLC. They can help you understand your rights and possible legal options.

Should Distracted Driving Laws in Texas Be Decentralized?

Texas recently became the 47th state in the country to pass a statewide texting-and-driving ban. Before the passage of House Bill 62 (HB 62), also known as the Alex Brown Memorial Act, Texas law prohibited drivers under 18 from using wireless communication devices. In addition, drivers could not use mobile phones in school zones or if they possessed a learner’s permit that was less than six months old. HB 62 bans motorists from reading, writing, or sending electronic messages, regardless of their age or location. The law does not address making or receiving phone calls.

There are exceptions to texting under HB 62, such as reporting or responding to an emergency. Once the new law takes effect, first-time offenders could be fined up to $99 for texting and driving. Repeat offenders could be fined up to $200.When Governor Greg Abbott signed HB 62 into law at the end of the legislative session, he requested that cities and towns be banned from passing these ordinances. Instead, Senate Bill 15 would make the Alex Brown Memorial Act a uniform state law. Local ordinances would be rolled back. During the special legislative session, the Texas Senate signaled it would move ahead with the request. For many years, cities and towns across our state passed their own texting-and-driving ordinances.

As of 2016, 102 cities and towns had these ordinances. For example, in Nacogdoches, it is illegal to use any electronic messaging device while driving in city limits. In Conroe, you cannot text behind the wheel even if you are stopped on the side of the road. Austin, Texas, has an ordinance that bans the use of handheld electronic devices while operating a vehicle or a bicycle. However, you can use a hands-free device (Bluetooth or GPS) while driving or cycling in Austin. According to the Austin Police Department, this hands-free ordinance has led to a 17 percent reduction in fatal car accidents.

Are There Proponents and Opponents to Texas’ Distracted Driving Law?

Understandably, some opponents argue that centralizing distracted driving laws could lead to more deaths on Texas roads. Opponents say that municipal ordinances may be stricter than HB 62. Many of these opponents are law enforcement officials from across the state. There is some truth to this argument, as some cities and towns have hands-free ordinances.HB 62 does pass a statewide ban, meaning areas of Texas that did not have a ban on texting and driving will now have one. Before HB 62 passed, Lufkin did not have a distracted driving ordinance. Distracted driving is responsible for thousands of fatal car accidents per year in the United States. People who survive these accidents may suffer catastrophic injuries that can ruin not only their lives but the lives of their family members. Texting behind the wheel is an incredibly selfish act that puts other people at risk of being harmed. Injured in a car accident? Contact the Texas car accident lawyers at Mike Love & Associates, LLC. We are dedicated to making our community a safer place.

What Is an At-Fault State, and is Texas One?

What is an at-fault state? Texas is an at-fault state, which means the driver responsible for the accident must compensate the other party for their injuries and for damage to their vehicle. Proving which driver is at fault can turn into a lengthy court battle.

How Can I Help My Accident Case?

• Get their information: This applies to any auto accident. Write down their license plate and any other info quickly, especially if they are denying their fault or acting standoffish.

• Look for witnesses: A witness who can support your claim will strengthen your case, especially if it goes in a police report.

• Compile a police report: Having the police make a report of your accident case can help legitimize your claims in court. Did you notice the driver was on their phone? Did they seem like they might be intoxicated? These are essential details to include when speaking to the police.

• Make a report for your insurance company: Take pictures of the damage incurred and note any possible injuries you have. A car accident attorney can help you get the coverage you deserve.

What If the Other Driver Doesn’t Have Insurance?

Another reason the at-fault system can be tricky is when the other driver is uninsured or has less insurance coverage than the damage caused.  In this circumstance, it is important for you to have uninsured/underinsured motorist coverage on your auto insurance plan. In Texas, uninsured/underinsured motorist coverage is not required.

Can My Insurance Rate Go Up If the Accident Wasn’t My Fault?

In some cases, your insurance rate can go up after an accident, even if it wasn’t your fault. It will depend on state laws and car insurance policies in your region. The at-fault insurance system can create a strenuous process for determining who must provide coverage to the other. If an uninsured or underinsured driver hit you, you will likely have to get your own insurance company to compensate for your damages, which can be tricky. Lufkin car accident attorneys at Mike Love & Associates, LLC can fight for the compensation you deserve after a wreck. Contact us today.

Could Computer Software Cause a Car Accident?

A current recall of a faulty software component affecting 1.25 million Chrysler vehicles is causing side airbags not to deploy and causing issues with the seatbelts. Many components of modern vehicles are controlled by software, and when they malfunction, the consequences can be very dangerous. Another example is recent issues with Uber’s self-driving cars, which have caused accidents. As software starts controlling more vehicle functions, we are likely to see more software components recalled. This raises questions, such as: is the auto manufacturer responsible for the flaw? Alternatively, is it the software company?

How Do I Know If Computer Software Caused a Car Accident?

1. Have you checked for recalls online? Check online at safecar.gov to see if there are any current recalls on your vehicle following an accident. If they have issued one, the dealer must replace your vehicle component at no cost. You can pair with an auto injury attorney who can call in accident reconstruction experts with advanced knowledge of accident causation.

2. Which parts of your vehicle are controlled by software? In modern cars, more of your vehicle may be controlled by software than you think. Sensors control many vehicle safety features. When they malfunction, they cause things like airbags not deploying, as in the case with Chrysler above.

3. Was their negligence involved? Suppose your vehicle has software that needs to be updated or replaced to function properly. In that case, it is the vehicle manufacturer’s duty to communicate that information to all owners of the vehicle within 60 days.

Who Can Prove That a Software Component Was Faulty?

Proving that software caused an accident can be complicated. Major car manufacturers and software companies have strong legal resources and trained professionals on their side. Pairing with an experienced attorney can help you get help from professionals who study automobile function and the causes of accidents. If you think that an unknown car error caused you to get in an accident, start taking action today. Contact Lufkin car accident attorneys at Mike Love & Associates, LLC for more information about accident liability and obtaining compensation for your injuries.

How Do I Know If a Recalled Product Caused an Accident?

Auto recalls happen regularly, and many vehicle owners may not even find out about a recall until months later, or have a used vehicle with a recalled part they didn’t know about. In many cases, vehicle manufacturers do not publicize recalls to the general public. Vehicles are recalled because the defective product can cause serious, potentially life-threatening injuries. Whether you were aware that your car had a recalled product at the time of the accident or not, you may have the potential to claim compensation for your losses. Knowing if the recall was the cause of your car accident can be difficult; however, there are several ways to find out.

How Do You Check for Recalls on Your Vehicle?

Multiple online resources store vehicle recall information online. Search for your car on one of these sites, and you may find the type of product that was recalled.  This can help determine the cause of the accident.

When Did the Accident and Recall Occur?

Were you in an accident before the recall was announced? Let’s say that you got in an accident when your tire blew out, and the insurance company claimed it was your fault because you swerved into another car. Three months later, your vehicle’s axle is being recalled for being unsafe, and you may have a case against the car manufacturer for damages that happened in that accident. Take pictures of the damage in any accident for your records. You never know when a recall can happen. What if the recall already occurred? If you were aware of the recall and experienced an accident related to the product's function, contacting an attorney and allowing them to inspect the damage could be the best option. Having your vehicle repaired before legal professionals can examine it could eliminate evidence.

Recall Cases Can Be Complicated

There are multiple kinds of product defects, and having a Lufkin product liability attorney can help you determine if a faulty product caused your accident. Attempting to take action against a large auto corporation on your own can be expensive and extremely risky.