How Do Injured Workers File Lawsuits in Texas?

Employers in Texas are not required to carry workers’ compensation. Some may use occupational accident insurance and others may not carry any type of coverage. For employers that use workers’ compensation, there are some important nuances to understand before discussing third party lawsuits in Texas.In the event you suffer an on-the-job injury and your employer uses workers’ compensation, you will most likely be unable to file a lawsuit. Injured employees use workers’ compensation to pay for medical bills and lost income. Workers’ compensation benefits do not allow for a pain and suffering damages.There are still scenarios where injured workers can file lawsuits, even if their employers are using workers’ compensation. These are called third party lawsuits. As the name implies, third parties may be responsible for on-the-job injuries. This can include the manufacturers of equipment used on job sites, contractors, subcontractors and other motorists. Third party lawsuits allow for pain and suffering damages, and can result in much larger awards.

An Example of an On-the-Job Injury Caused by a Third Party

James works for a Lufkin construction company that has been contracted to help build a new community center. Another company has been hired by James’ employer to install electrical wiring for the construction project (making this second company a subcontractor). One day on the job site, James walks in front of a loose wire that has been left out in the open. Thousands of volts surge through James’ body and he is badly burned.An air ambulance arrives and James is flown to the nearest hospital with a burn unit. When he wakes from his medically induced coma, doctors tell James that he has suffered third-degree burns over 30 percent of his body, and that the fingers on his left hand had to be amputated. An investigation reveals the subcontractor hired to do the wiring is responsible for the accident.

What Can Happen After Filing a Third Party Lawsuit?

James is not employed by the electrical subcontractor in our story, making it a third party. This third party’s negligence caused James’ injuries, and he may have a claim. If James files a lawsuit against the electrical company, he should still use workers’ compensation benefits. Workers’ compensation will help pay his medical bills and lost wages while the lawsuit against the subcontractor is underway.If James is successful in securing a judgment or reaching a settlement with the subcontractor, he would be required to pay back the insurance provider that provided him workers’ compensation benefits out of a portion of his award. This is a process known as subrogation. Depending on the size of the judgment or settlement agreement, the amount subrogated can be small in comparison.Workers harmed by the negligent actions of others should know what options are available to help aid in the recovery process. The Texas personal injury attorneys at Mike Love & Associates, LLC, can help injured workers and their families explore available options.

Why Does Angelina County’s Most Dangerous Intersection Continue Causing Accidents?

Angelina County’s most dangerous intersection recently caused another serious car accident, this time involving a 22-year-old woman and a 2-year-old child. The intersection at U.S. Highway 69 and FM 326 is well known in our county for causing accidents. Nearby residents interviewed by KTRE claim they frequently see serious wrecks occur. One of the residents claimed they had seen four car accidents occur at the intersection in the last month-and-a-half.Why is the intersection a major cause of accidents? Motorists turning onto Highway 69 from FM 326 cannot see oncoming traffic coming from over a hill to the left. Some vehicles travelling on Highway 69 may be speeding, which makes this intersection even more dangerous.Fortunately, the Texas Department of Transportation (TxDOT) is taking complaints about the intersection seriously. TxDOT will be conducting a signal analysis study at the intersection this week. Data collected from the study will determine whether further action should be taken. If necessary, TxDOT could make Highway 69 and FM 326 a signalized intersection by installing traffic lights.

How Can You Avoid Accidents at Angelina County’s Most Dangerous Intersection?

The best way to avoid an accident at Highway 69 and FM 326 is to not use the intersection by finding alternative routes. People turning right or left can take Pee Wee Smith Rd to Highway 69, as there is no hill obstructing oncoming traffic. Visibility is much better for traffic coming from either direction.Alternative routes may not be an option for everyone. Until TxDOT makes its decision, there are other ways you can reduce the chances of being involved in an accident at Lufkin’s most dangerous intersection.

• Turn off music: Highway 69 and FM 326 is a blind intersection, so it is important to rely on your other senses to detect approaching traffic. You may have an easier time hearing other vehicles approaching if you turn off the radio or stereo.

• Inspect the intersection carefully: Look both ways, but do so quickly. It does not take long for traffic coming up over the hill to reach the intersection.

• Avoid this intersection at night: It is already very difficult to see traffic approaching from the left. This is even more the case at night on a poorly lit highway. If you are going to turn onto Highway 69 at night, it may be best to use one of those alternative routes.

• Avoid any distractions: Distractions like eating, texting or grooming can be fatal at this intersection. Highway 69 and FM 326 requires your full attention.

It could take a while for TxDOT to fix this dangerous intersection. In the meantime, we need stay vigilant or find alternate routes.The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage you to drive safely.

Are You at Risk for Drowsy Driving?

The AAA Foundation for Traffic Safety recently conducted a study that discovered drowsy drivers cause one in six fatal car accidents. Another study conducted by the Governors Highway Safety Association claims drowsy driving is just as dangerous as drunk driving. The study claims that driving after you have been awake for 21 hours is comparable to driving with a blood alcohol concentration of .08 percent, which is considered legally drunk. This number climbs to .10 percent after 24 hours of no sleep. The National Highway Traffic Safety Administration has even classified drowsy drivers as “impaired drivers”.It should be obvious that driving without sleep is a major risk factor for drowsy driving. There are other risk factors that people may overlook.

What are Other Risk Factors for Drowsy Driving Accidents?

If you are planning a road trip in the near future, you should be aware of these risk factors.Sleep apnea: People who suffer from untreated sleep apnea are 2.5 times more likely to cause car accidents. Sleep apnea causes interruptions in breathing during sleep, meaning sufferers can wake up several times every night. If left untreated, sleep apnea causes excessive daytime drowsiness and difficulty concentrating. Fortunately, people can be screened and treated for sleep apnea.Alcohol before bed: Drinking the night before a long road trip can cause excessive drowsiness the next day. This is because alcohol interrupts REM (rapid eye movement) sleep. The more people drink, the poorer quality of sleep they receive. Unsurprisingly, alcohol consumption before bed is linked to daytime drowsiness.Sleeping aids: The effects of sleeping aids like diphenhydramine, which is found in Benadryl and Tylenol PM, can linger into the next day. According to a study published by the American Journal of Public Health, people who use sleep aids have a twofold risk of being involved in car accidentsShift-work sleep disorder: Shift-work sleep disorder is most likely to affect people who work nights or rotating shifts. The condition causes problems with the body’s internal clock and is linked to a lack of sleep.Medications: Some medications have warning labels that specify users should not operate heavy machinery. Medications that treat depression, anxiety, insomnia, nausea and high blood pressure could fall into this category.

How Can You Avoid Drowsy Driving?

If you become drowsy while driving, pull over and get some sleep at a rest area or motel. You should never drive at times when you would normally be sleeping. The risk factors we listed above should also be avoided or treated before driving long distances.If you are traveling with several people, you should take turns driving and resting. Caffeine can help provide increased alertness for several hours.The Texas personal injury attorneys at Mike Love & Associates, LLC encourage you to drive safely.

If You Are Buying a Car, Beware of Auto Dealer Fraud

Mortgage fraud is only one of many ways scammers target vulnerable consumers. Car dealerships also take advantage of those in desperate situations with fraudulent tactics. Salespeople will target folks with poor credit, the disabled, the elderly and those with a poor grasp of consumer protection laws. Here is how you can spot these auto dealer fraud scams and avoid being ripped off.

The Top Five Auto Dealer Fraud Scams to Avoid

1. Bait and switch rebates: Car dealership scams will sometimes offer numerous rebates to attract potential buyers to their lots. In reality, this is deceptive advertising because the dealership knows that most of the people who show up will not be able to use these rebates. For example, a vehicle will be advertised at a reduced price of $25,000. What the salesman does not say, is that the rebate is only for members of the military. Without the rebate, the vehicle is $26,000. A prospective buyer would not find out that they do not qualify for the rebate until it is almost time to sign for the car. After spending hours in the finance office going over paperwork, vulnerable buyers are exhausted and ready to sign for the vehicle anyways.
2. Misrepresentation and non-disclosure fraud: Used car dealerships may fail to specify if vehicles were rental cars or involved in collisions so they can sell at the normal market value. In other cases, the car warranty may be expired. Scammers may also tamper with the odometer to make the vehicle look like it has fewer miles, or sell a used vehicle as new. See if it is possible to run a vehicle history report using the car’s vehicle identification number.
3. Spot delivery scams: This is more commonly known as the ‘yoyo financing scam’. Dealerships that allow consumers to buy on the spot before completing financing may entice potential buyers with lower credit scores. After the buyer leaves the lot with a new car, the scammer may call back a week later and say that the paperwork is incomplete or the financing fell through. Buyers will be called back into the dealership to sign paperwork for new monthly payments and higher interest rates. This is an especially disastrous scam for people trading in vehicles for lower monthly payments on new cars. People in this situation may find the dealership has sold their cars within hours of driving off the lot, and they are now at the whim of higher interest rates and monthly payments for new vehicles.
4. Fake credit score scams: Dealerships may misrepresent the credit history of buyers to sucker them into higher interest rates and monthly payments. For example, a buyer with a credit score of 680 is told by the dealership his or her score is 550. Scammers will use this trick to tell buyers they do not qualify for the deal they were originally told about, and instead have to pay much more. The way to get around this scam is to show up with a printout of your most recent credit score. Keep in mind, you get one free credit report from all three credit bureaus once a year.
5. Predatory lending: Predatory lending is a growing problem in the used car industry. These loans will have super-high interest rates, long repayment terms and be hidden with fees. Predatory lenders sometimes advertise vehicles with extra features, but sell cars that lack the said features. In addition, predatory lenders will use some of the scams we have already mentioned.

Our Attorneys Can Help You Fight Auto Dealer Fraud

Texas does have consumer protection laws that can help the victims of auto dealership scams. If your vehicle is new, you may have protections under the Texas Lemon Law. Under some circumstances, the Texas Lemon Law allows you to receive a refund or replacement vehicle.The Texas Deceptive Trade Practices Act can also offer protections. Victims of car dealership fraud should call an attorney to explore what options might be available.The Texas personal injury attorneys at Mike Love & Associates, LLC can look over your vehicle or leasing paperwork and help you develop a strategy for recovering from acts of fraud.

Should Large Vehicles Use Speed Limiting Devices?

East Texas has experienced several truck accidents in recent weeks. Last week, a log truck rollover in Nacogdoches shut down part of Highway 7. In August, a tractor-trailer and two passenger vehicles were involved in a collision in Lufkin. Two people lost their lives. Recent news is a reminder that commercial vehicles are capable of causing more destruction than passenger vehicles. It is important for commercial drivers to avoid speeding and other dangerous driving habits. However, commercial drivers are human beings, and therefore not immune to making mistakes. For this reason, federal regulators are putting an emphasis on using new technologies to prevent these bad behaviors. Speed limiting devices might be one way to accomplish this goal.

Why The FMCSA and NHTSA Want Speed Limiting Devices

A proposed Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) proposal would make speed limiting devices mandatory on commercial and multipurpose vehicles weighing more than 26,000 pounds. This would include tractor-trailers, school buses, passenger buses and other large vehicles.At the moment, the rule has considered using the devices to cap maximum speeds at 60, 65 or 68 mph. The FMCSA’s and NHTSA’s rule has been submitted to the Federal Register and will now be open to public comment until November 7th. Critics and proponents of the rule have already voiced their opinions through multiple press releases. We can learn quite a bit from what they are saying.U.S. Transportation Secretary Anthony Foxx claims that speed limiting devices on large vehicles could serve an important purpose. He claims it would save lives. NHTSA Administrator Mark Rosekind echoed these sentiments, saying that decreasing speed would reduce the impact force from collisions. According to both Department of Transportation agencies, speed limiting devices on vehicles weighing more than 26,000 pounds could save 27 to 498 lives every year. Both arguments also suggest that many people could be spared the hardships of living with disabilities from catastrophic injuries.On the opposing side of the rule, is the Owner-Operator Independent Drivers Association (OOIDA). According to the OOIDA, the new rule would jeopardize the safety of all motorists because it would lead to speed differentials and road rage. The association claims that highways are safer when all vehicles are driving close to the same speed.

Where Do You Stand On This Issue?

Both sides make some interesting points. We know that speeding commercial trucks are more likely to experience rollovers, jackknifing, have less time to stop and are much more likely to cause fatal collisions due to the massive impact force. On the other hand, road rage is dangerous and capable of causing accidents. People undergoing a fit of road rage are much more likely to perform dangerous maneuvers, such as leaving the highway to pass other vehicles or speeding.If it were up to you, would you want to implement the rule that requires speed limiting devices on vehicles weighing more than 26,000 pounds? Keep up with the Texas truck accident attorneys at Mike Love & Associates, LLC on Facebook and share your thoughts.