Understand Drunk Driving Liability Before the Holidays Begin

December is National Impaired Driving Prevention Month. With major holidays like Christmas and New Year’s Eve approaching, work parties and celebrations with friends and family are common. Unfortunately, drunk driving is also a prevalent safety concern around the holidays.

Who Is Responsible for a Texas Drunk Driving Accident?

A drunk driver could face criminal charges for impaired driving and causing injuries to someone else, but that would not recover compensation for the victim. The victim of the accident could have a viable claim to recover compensation if he or she can prove that the drunk driver caused their injuries and damages. Texas also has dram shop laws that hold businesses liable for accidents caused by intoxicated customers. For example, if a person who has been drinking at a restaurant for their work holiday party drives home and gets into an accident with another vehicle, then the restaurant that provided the alcohol could share responsibility for the car accident. Not only could the other driver potentially have a claim against the drunk driver, but they could also have a claim against the restaurant. A business could be held liable for a drunk driving accident caused by a customer if:

• The customer was a minor under 18.

• The customer was visibly intoxicated enough to be a danger to himself or other people.

• The customer’s intoxication was an immediate cause of the accident.

Need a Lufkin Car Accident Lawyer?

If you or someone you love has been injured in a car accident caused by the negligence of another driver, contact the car accident attorneys at Mike Love & Associates, LLC as soon as possible to discuss your legal options. An experienced car accident attorney could help you determine fault after a car crash by using tangible evidence and advise you about your best legal options. Call our office at (936) 632-2000 today to discuss your situation.

Three Common Soft Tissue Injuries After a Car Accident

A soft tissue injury is any injury that affects your body’s soft tissues. Soft tissues include muscles, tendons, and ligaments. Three common soft tissue injuries that could be sustained in a car accident include:

Injury #1: Whiplash. Whiplash occurs when a sudden force, like a car collision, causes the head and neck to jerk backward or forward. It affects the neck and back, but it could also cause a head concussion. Effects could include pain and stiffness, nerve damage, headaches, and cognitive issues.

Injury #2: Contusions. A contusion is a bruise that occurs from blunt force or impact. It affects the underlying muscle and tissue. Contusions can cause inflammation, swelling, and mobility issues. Depending on the severity of the accident and without medical attention, contusions could cause permanent damage to the body’s soft tissue.

Injury #3: Herniated Disc Injuries. Some accident survivors experience back pain. The back is full of soft tissue that is especially vulnerable in the event of a collision. Herniated disc injuries could occur when force is placed on the back and moves a spinal disc out of place. The spinal disc could put pressure on surrounding nerve tissue, causing sharp pain in the back and other limbs.

Should I Seek Medical Attention After a Car Accident?

Yes. First, soft-tissue injuries are not visible. Soft tissue injuries can have delayed symptoms for up to a few days, making it challenging to identify the source of your pain. Unlike a broken bone, soft tissue injuries cannot be seen using X-rays. Since soft-tissue injuries are not visible like other car accident injuries, speaking with a doctor is even more critical when you want to file a claim with your insurance company or against another driver. Proof that you have received medical attention is essential because insurance companies use medical history to assess the validity of your injury. You should continue seeking medical attention if your injury symptoms persist.

Need a Lufkin Car Accident Attorney?

If you have been injured in a car accident due to the negligence of another driver or entity, contact the car accident attorneys at Mike Love & Associates, LLC. We advocate for victims of car accidents in Lufkin and the surrounding East Texas areas. You could have a viable case to recover compensation for your injuries. Call us today at (936) 632-2000 to discuss your situation.

Common Causes of Texas Distracted Driving Accidents

“Supernatural” TV star and Austin native Jensen Ackles recently spoke about the dangers of distracted driving in a PSA for the Texas Department of Transportation, or TxDOT. The ad is part of a new “Heads up, Texas” campaign launched by TxDOT in response to recent distracted-driving accidents in Texas involving mobile phone use. Ackles raised awareness about the dangers of texting while driving and how your phone can cause serious accidents. It’s also now against the law in Texas.

Why Distracted Driving Is Dangerous

A texting-while-driving ban passed the Texas Senate last year. House Bill 62 was passed as a statewide ban on reading and sending electronic messages from a cell phone while operating a vehicle. This ban is in response to alarming statistics relating to distracted driving in Texas. Roughly 100,000 of the reported car accidents in Texas last year, or 19 percent, involved some distracted driving. These distracted driving accidents resulted in 452 deaths statewide. Keep in mind that some Texas cities have different restrictions on phone use while driving. For example, Austin has a stricter ordinance that completely prohibits cell phone use while driving in city limits. If you have been involved in a car accident due to someone else’s distracted driving, you could potentially seek compensation for your injuries. Contact Mike Love & Associates, LLC for a free consultation with a car accident attorney about your situation.

How Does Texas PIP Coverage Protect Me After a Car Accident?

Under Texas law, insurance companies are required to give drivers and passengers Personal Injury Protection insurance coverage, also known as PIP. This type of auto coverage pays for certain damages that result from a car accident. Texas PIP coverage is mandatory and provides benefits to any policyholder or household member who was involved in the accident. However, the coverage can be rejected by the policyholder.

Do I Need PIP Auto Coverage as a Texas Resident?

PIP can help pay for medical expenses you or your passengers may incur after a serious car accident. This includes medical and surgical treatment, ambulance services, medications resulting from accident injuries, and medical supplies. PIP coverage will also pay up to 80% of your lost wages if you miss work due to injuries received in a car accident. Check with your auto insurance provider and personal injury attorney to determine the specific coverage limits of your PIP coverage.

How Do I File a PIP Claim in Texas?

Call your insurance company after the car accident to report the incident. Make sure to ask for a PIP claim form. PIP claims have to be submitted within a specific time frame. PIP coverage also has maximum limits that can be paid, but fortunately, they don’t have deductible amounts that you need to pay. If you have been involved in a car accident in Texas, you should speak with Mike Love & Associates, LLC for passionate, experienced representation. We offer free auto insurance policy reviews so you can understand what coverage is available to you. Contact us today for a free consultation.

Do Texas Drivers Rank Among the Worst Aggressive Drivers?

A new study claims that Texas drivers are among the angriest in the country. According to GasBuddy, which conducted a national survey on aggressive driving, Texas motorists are the 4th most aggressive in the country.GasBuddy, a company that operates apps for finding fuel prices, conducted its research by compiling data from its Trips feature. The feature provides motorists with assessments of their driving habits. Trips allows users to assess their aggressive driving habits, such as hard braking, speeding, and rapid acceleration. Hard braking was the most common aggressive driving habit reported by Trips users. The survey’s findings indicate that aggressive driving occurs most often in densely populated cities with lots of congestion. While this means you are more likely to encounter aggressive drivers in nearby Houston, it does not mean Angelina County is immune to road rage. There are steps that you can take to reduce your chances of being in an accident or other confrontation with an aggressive driver.

Warning Signs You Are Dealing with an Angry Driver

Angry drivers can put you and others at greater risk of harm in a car accident. You should never escalate the situation if an angry driver confronts you. In some cases, it may be necessary to drive to a safe (populated) area to contact the police. Some road rage incidents involve violence or firearms. Be aware of the warning signs of aggressive driving that include, but are not limited to:

• Speeding. Angry drivers are more likely to speed. Unfortunately, speeding is a significant cause of car accidents in the US each year.

• Tailgating. If another driver is upset with you, then they may drive very close to the rear of your vehicle. Tailgating could lead to a rear-end accident.

• Unsafe lane changes. Angry drivers may make quick, aggressive lane changes. Some drivers may shift to the shoulder lane to pass other motorists.

• Failing to follow traffic signals or signs. Aggressive drivers who are short on patience may run red lights or stop signs.

Of course, there are other warning signs of angry driving that most of you are familiar with. Angry drivers may use honking or hand gestures. The Texas car accident lawyers at Mike Love & Associates, LLC, encourage safe driving. For future updates on our blog, continue to follow us on Facebook and Twitter. If you have questions about your rights after a car accident, call us at (936) 632-2000 or use our online contact form.