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.

Do Rear Guards Prevent Truck Underride Accidents?

Truck accidents are a devastating force of destruction on roads across the country. However, truck underride accidents are particularly gruesome and much more likely to result in fatalities. An underride accident occurs when a vehicle is forced underneath the truck’s cabin. During these accidents, occupants in passenger vehicles can be decapitated and killed. This may be true even in cases where collisions occur at low speeds. Heavy truck trailers are required by law to use rear guards (also called underride guards) to prevent this type of accident. These are metal barriers that hang underneath the back of the trailer.

According to a 2013 study by the Insurance Institute for Highway Safety (IIHS), strong underride guards can be effective at preventing vehicles from being forced under high-riding heavy truck trailers. Unfortunately, many semi-truck trailers in the United States do not have “strong” underride guards. Weak underride guards can fail to prevent fatalities. In addition, a vehicle hitting the side of an underride guard may still be demolished. According to the IIHS study, underride guards are much less effective at preventing fatalities when vehicles hit guards further to the right or left.

Motor vehicle safety advocates and organizations, such as the IIHS, have petitioned the National Highway Traffic Safety Administration (NHTSA) to strengthen underride guard standards. The federal standards regulating the strength of underride guards have not been updated since 1996. Semi-trucks in the United States also do not require side underride guards. In Europe and Japan, side underride guards are used to help prevent fatalities when vehicles slide underneath the side of trailers. There are many truck accidents in the US involving side underride crashes. For example, the Tesla vehicle that crashed last year while Autopilot was turned on slid underneath the side of a tractor-trailer. The vehicle’s occupant, a former Navy SEAL, died in the accident. This is only one example. NHTSA estimates that 200 side underride accidents occur in the US each year.

Can Negligence Cause an Underride Accident?

In some cases, trucking companies fail to maintain truck underride guards. These guards may also contain defects that can reduce their effectiveness during an accident. In such cases, injured vehicle occupants or their loved ones may be able to file a lawsuit against the manufacturer of the underride guard or the trucking company. Lawsuits can not only help prevent future instances of these companies using or releasing unsafe underride guards, but they can also help provide financial resources for costs associated with catastrophic injuries or wrongful death. Injured in an accident with a commercial truck or 18-wheeler? Contact the Texas truck accident attorneys at Mike Love & Associates, LLC, to help you hold commercial carriers and auto parts manufacturers accountable for causing catastrophic injuries or wrongful death.

Can Electronic Logging Devices Reduce Truck Accidents?

Federal and state hours-of-service rules help prevent truck accidents caused by fatigued driving. These rules set limits for how long intrastate and interstate truckers can drive. For example, interstate drivers operating property-carrying trucks that weigh 10,001 or more pounds cannot drive for more than 11 hours within a 14-hour shift. Truckers must record their hours of service compliance in paper or electronic logbooks. Information in the logbooks may include total driving hours, miles covered, and off-duty time. Roadside safety inspectors check logbooks to detect hours-of-service violations.

Employees working for these trucking companies may also check for hours-of-service violations. However, paper logbooks can be manipulated. Truckers can misrepresent how long they have driven during each 14-hour shift. Electronic logging devices (ELD) may help reduce instances of this problem. Unlike paper logbooks, an ELD records driving time information directly from the truck’s engine. An ELD can record engine hours and vehicle movement. Roadside safety inspectors could download driving time data to check for hours-of-service violations.

In 2015, the Federal Motor Carrier Safety Administration (FMCSA) unveiled a rule requiring trucking companies to use ELDs. Unless Congress repeals or significantly alters this rule, it will go into effect on December 18. House Resolution 3282, also known as the ELD Extension Act of 2017, would delay the mandatory implementation of ELDs by 2 years. Some trucking companies already use ELDs because they find them to be more convenient and less expensive than paper logbooks. In fact, the FMCSA has argued that ELDs can eliminate $1 billion in paperwork costs for trucking companies and law enforcement.

Can Logbooks Be Used During a Truck Accident Lawsuit?

Information contained in paper or electronic logbooks may also be valuable evidence during a truck accident case. Many commercial trucks in operation also use electronic control modules (ECMs) that record various data about the trucks. For example, an ECM may record the vehicle’s highest speed or time driven. This data can also be used in conjunction with information in logbooks to catch discrepancies. Data from an ECM can also be helpful during a truck accident lawsuit, mainly when used in conjunction with other evidence.

However, trucking companies may spoil ECM data after an accident to shed themselves of any liability. It is essential to hire an attorney immediately after a truck accident to prevent the spoliation of evidence. Contact the Texas truck accident attorneys at Mike Love & Associates, LLC. We have firsthand experience with the trucking industry's business practices. If you or a loved one suffered harm during a truck accident, our attorneys can help you discover whether you have legal options to seek damages.

Are Trampoline Parks Causing Injuries to Children?

Trampoline parks have become increasingly popular over the last several years. Unfortunately, so have injuries at these establishments. According to research published in the medical journal Pediatrics, trampoline park injuries have jumped from fewer than 600 in 2010 to more than 6,900 in 2014. Several recent news stories involving trampoline park injuries are attracting national media attention. A Florida mother’s photo of her 3-year-old son’s trampoline park injury has been shared on Facebook more than 275,000 times. The 3-year-old broke his leg after an outing at the local trampoline park. The boy required bed rest for more than two months and weeks of physical therapy. Trampolines can be dangerous for people of all ages. However, they are especially dangerous for young children.

According to the American Academy of Orthopedic Surgeons, children under six should never jump on trampolines, whether at an indoor park or elsewhere. Children can suffer injuries after slamming into each other or landing on the metal springs. An improper landing on a trampoline may cause a spinal cord injury, traumatic brain injury, or broken bones. Trampoline parks or trampoline manufacturers may sometimes be responsible for injuries. For example, children are more likely to be injured on a trampoline when not properly supervised. Injuries are also more likely to occur when trampolines are poorly maintained or contain defects.

Can I File a Lawsuit for Trampoline Park Injuries?

Dozens of lawsuits have been filed against trampoline parks in Texas and across the country. Last year in Houston, a teenager received an $11.5 million verdict due to a traumatic brain injury he suffered at Cosmic Jump, an indoor trampoline park. In another case, a Washington teenager sustained a spinal cord injury at a trampoline park. His family also filed a lawsuit.

Although trampoline parks may require you to sign a waiver, they may still be held accountable for injuries. In some cases, you can still receive damages from a personal injury lawsuit against these establishments even if you have signed a waiver. The parents of the injured teenager in Houston had signed a waiver, but that did not stop their son from receiving an $11.5 million jury verdict. Unfortunately, some people may assume that because they signed a waiver, they are ineligible to file a lawsuit. This could prove to be a costly mistake if you or a loved one has suffered a catastrophic injury. If you or your child were injured at an indoor park, contact the Texas personal injury attorneys at Mike Love & Associates, LLC. We can help you discover whether you should file a lawsuit.

What Are the Most Common Swimming Pool Dangers?

There are several types of summer activities we enjoy here in Texas, including family trips to the swimming pool. However, swimming pools found in private homes, gyms, recreational centers, and parks may contain safety hazards. Many of these hazards are created by negligent business practices or defective products. As a result, you and your loved ones are placed in harm’s way. Common swimming pool dangers may include:

• Inattentive or untrained lifeguards: Some swimming pools contain lifeguards. Texas law actually requires lifeguards at certain swimming pools or during specific types of events. These individuals must remain attentive at all times to respond to emergencies. They should not be texting or engaging in other distracting activities. Lifeguards should also be trained to respond to specific emergencies, such as an accidental drowning. All lifeguards should possess CPR training.

• Defective equipment: Swimming pool equipment, such as drains or diving boards, can contain dangerous defects. For example, there are multiple instances where defective underwater lights electrocuted swimmers. Defective pool and spa drain covers may create suction powerful enough to drown swimmers. In other cases, diving boards may contain defects that pose a fall risk.

• Lack of signage: Public pools should contain several types of warning signs. For example, these pools should have signs that warn when lifeguards are not on duty. Other signs should alert parents that children should not use pools without being supervised. Pools should also contain “No Diving” signs. The latter example is crucial to remember, as diving accidents are a preventable cause of spinal cord injuries.

• Poor maintenance: Both public and private swimming pools require regular maintenance. For example, underwater lights can break down and pose a hazard to swimmers. In rare cases, untreated pool water may also cause catastrophic injuries or wrongful death. Naegleria fowleri (the brain-eating amoeba) can be found in untreated swimming pools during warm weather. After this parasite infects the brain, most people die from brain swelling caused by primary amoebic meningitis. Those who do survive may require a lengthy period of rehabilitation.

• Broken gates: Swimming pools should be surrounded by fences and accessible by opening gates. Pools with broken gates are accessible to young children. In such cases, accidental drownings may occur.

Can I File a Lawsuit After a Swimming Pool Accident?

If you were injured or lost a loved one during a swimming pool accident, an attorney can help in several ways. For example, you may have signed a waiver at the recreational center or gym where the incident occurred. Depending on the circumstances, a business or recreational center can still be held liable for an injury or death even if a waiver was signed. An experienced attorney can look at the circumstances of the accident and the waiver. Some laws set safety standards for swimming pool equipment. For example, pool drains must comply with the regulations outlined in the Virginia Graeme Baker Pool & Spa Safety Act. An attorney will be well-versed in these laws and can determine whether the property owner complied with them.

Injured? Contact the Texas personal injury attorneys at Mike Love & Associates, LLC. We are dedicated to making our community a safer place. Our attorneys can help you review potential legal options for recovering damages if you or your child suffered an injury at a swimming pool.