Most Commonly Broken Texas Traffic Laws

Traffic laws are in place for a reason – they ensure that everyone operates their vehicle safely and responsibly. Unfortunately, there are times when careless drivers get behind the wheel of a car, violate traffic laws, and cause accidents that result in severe personal injury cases. Very rarely do vehicle accidents occur without a traffic law violation having occurred first. Here, we want to discuss some of the most commonly broken traffic state laws in Texas.

Running a Red Light

Running a red light is a serious violation in Texas. However, this is one of the most common tickets involving a moving violation. In Texas, running a red light could result in a $200 fine. If a driver is caught on camera running a red light, the fine is around $75.

Using a Phone

According to data available from the Texas Department of Transportation, approximately one out of every five accidents involves distracted drivers. In Texas, it is illegal to use a wireless communication device for electronic messaging while operating a motor vehicle. This includes texting as well as reading or writing emails. However, many drivers still use cell phones while they are behind the wheel.

Not Wearing a Seat Belt

Drivers are required by Texas law to wear a seatbelt when operating their vehicles. Drivers can face fines of up to $200 if they are pulled over and not wearing a seat belt.

Driving Under the Influence

Driving under the influence of alcohol or drugs is incredibly dangerous, and Texas prohibits people from driving with a blood alcohol concentration of .08 percent or higher. For commercial vehicles, drivers must not operate with a blood alcohol concentration above 0.04%.

Driving Without a License

It is vital the drivers operate only if they have a valid driver’s license. Drivers who operate without a license could face significant fees and even jail time.

Driving Without Insurance

Every driver in Texas is required to have valid insurance, and operating without auto insurance can result in a fine of up to $350. Additionally, drivers in Texas may face full financial responsibility if they cause an accident without insurance.

Speeding

Speeding is one of the most common traffic violations, and this non-defensive driving behavior can lead to serious accidents. Every driver must understand the importance of posted speed limits for the roadway they are on.

Headlight Violations

In Texas, drivers must use their headlights at night and when visibility is less than 1,000 feet in front of the vehicle. A common rule of thumb is that drivers should also turn their headlights on 30 minutes before sunrise and 30 minutes before sunset.

U-Turns

The laws regarding U-turns in Texas are pretty minimal. Texas traffic laws indicate that a person can only make a U-turn if they can clearly see at least 500 feet both in front of and behind them. However, drivers also need to be aware that there may be places where U-turns are prohibited, and this will be indicated by signage. According to the Texas DOT, there were more than 256,000 total traffic collision injuries and more than 3,610 traffic collision fatalities during the latest reporting year across the state. All drivers must comply with Texas traffic laws. Failing to do so almost always results in an accident occurring.

Statute of Limitations for a Personal Injury Claim in Texas

Suppose you or somebody you care about has been injured due to the negligence, carelessness, or intentional actions of another person. In that case, you should be able to recover compensation for your losses. However, securing this compensation may require filing a personal injury lawsuit against the alleged negligent party. It is essential to understand and comply with all time limits regarding personal injury lawsuits, as missing a deadline could result in a person being unable to recover any compensation.

What Are the Statutes of Limitation for Personal Injury in Texas?

Statutes of limitation are timelines established by law that dictate how long a person has to initiate specific legal actions. These can be applied to both criminal and civil cases. For personal injury cases in Texas, the statute of limitations is two years from the date the injury occurs (Texas Civil Practice & Remedies Code section 16.003). This means that a personal injury victim has a two-year window with which to file a lawsuit against the person believed to have caused the injury.

Exceptions To the Texas Personal Injury Statute of Limitations

There are a few scenarios that could result in a pause of the statute of limitations for a personal injury matter, effectively extending the deadline. This includes:

• If the injured person is legally disabled under Texas law, which is defined as the person being under the age of 18 or “of unsound mind” at the time the injury occurs. If this is the case, the two-year statute of limitations “clock” will generally not start running until the period of legal disability has ended, which means the injured person turns 18 or they become mentally competent.

• If, at any point after the underlying accident, but before a lawsuit can be filed, the alleged negligent party in the case leaves the state of Texas. If this happens, the period of absence will not be counted as part of the two-year statute of limitations countdown.

A personal injury lawyer from Texas will be able to help guide you through this case and examine whether or not any of the exceptions to the statute of limitations apply to your situation.

Is the Filing Deadline for a Personal Injury Case?

Missing a filing deadline for a personal injury claim can result in the injury victim being unable to recover any compensation for their losses. If a personal injury lawsuit is filed more than two years after the date the injury occurred, the case will likely be dismissed. It is strongly advised that you work with a personal injury attorney soon after you sustain an injury caused by another party to ensure the deadlines are met. The personal injury statute of limitations is unrelated to any reporting requirements established by insurance carriers involved in the case. For most personal injury incidents, it is essential to notify insurance carriers as soon as possible after the injury occurs. Failing to notify insurance carriers promptly could result in the carrier delaying or denying a claim.

How Will COVID-19 Affect My Car Accident Claim in Texas?

The COVID-19 pandemic has significantly impacted the way of life for most people throughout the US, including in Texas. Car accident cases are no exception. Suppose you or somebody you love has been injured in a car accident caused by the careless or negligent actions of another person. In that case, you should be entitled to compensation from the at-fault party’s insurance company. However, claims made during this ongoing global health crisis could look a little different. Here, our car accident attorneys want to discuss how the coronavirus could affect your car accident claim in Texas.

Some People Are Hesitant To Seek Medical Care

The most important thing that anyone can do after a car accident is seek medical attention for their injuries. However, the Coronavirus outbreak has led many people to become hesitant about visiting the hospital or a doctor's office, whether for initial medical emergencies or follow-up care. While it is understandable that people are nervous about doctors’ offices, they still need to seek medical care after sustaining a car accident injury. Receiving medical care for these injuries is a critical component of getting the compensation you are entitled to after a car accident. If you have any concerns about going to the doctor or the hospital after sustaining a car accident injury, please speak to experienced injury lawyers immediately. In most cases, you will find that medical facilities are taking drastic steps to

ensure COVID-19 does not spread inside their facilities. The risks of not obtaining medical assistance after a car accident far outweigh the chances that you will contract COVID-19. When seeking medical treatment, be sure to maintain proper social distancing measures and follow CDC guidelines, including wearing a mask.

Can You Still File a Personal Injury Claim?

Yes, you can absolutely still file a personal injury claim in Texas after a car accident. Many courthouses shut their doors to the public at the onset of the Coronavirus pandemic, but the courthouses are beginning to resume normal operations. This may delay personal injury trials, but the reality is that most cases are settled before they go to trial. The most important thing to keep in mind is that Texas has a two-year statute of limitations for personal injury cases. If auto accident victims fail to file their injury claims within this two-year window, they will lose the ability to recover the compensation they deserve. The Texas Supreme Court has entered an order that pushes back the time limits for some lawsuits and other court proceedings, so be sure to speak to your attorney about how this could apply to your personal injury case.

Will You Have Access To Your Attorney?

Nearly all personal injury lawyers, including the team at Mike Love & Associates, LLC, have completely adapted to helping clients during this ongoing global health crisis. Our law firm is fully prepared to offer free remote consultations, allowing us to gain a thorough understanding of how to proceed with your case. We are still conducting complete investigations into car accident cases. While we understand that various business and government office closures may delay investigations and settlement negotiations, we will still pursue full compensation for your claim aggressively.

Does Not Wearing a Seatbelt in a Wreck Affect Your Insurance Claim?

Being involved in an auto accident is something most people want to avoid experiencing, and these incidents can lead to innumerable questions running through your head. This is especially true if you sustained an injury in the accident. While wearing a seatbelt is highly recommended, what happens if another person causes your accident, but you were not wearing one? Will you still be able to recover compensation for your losses, or will not wearing a seat belt affect your insurance claim?

Will You Be Able to Recover Compensation?

In some states across the country, not wearing a seat belt could result in a person not recovering any compensation at all after a car accident. However, that is not true in Texas. Here, the state Supreme Court has ruled that a person can still recover compensation from auto accidents they did not cause, even if they were not wearing a seat belt at the time the accident occurred. However, the total amount of compensation may be reduced in these situations based on the comparative negligence system used in Texas.

What Does Comparative Negligence Mean in These Situations?

Like other states, Texas operates under a modified comparative negligence system. This means that a person can still recover compensation for an accident even if they are found to be partially at fault, provided they are not more than 51% at fault for the incident. In these cases, the total amount of compensation awarded to a victim will be reduced based on their percentage of fault. When discussing seatbelts, modified comparative negligence has been a controversial topic in Texas. That is because comparative negligence laws (or contributory negligence laws in some jurisdictions) tend to focus on the actual cause of the car crash. Not wearing a seat belt has nothing to do with the cause of the actual accident. Rather, seat belts have to do with the subsequent injuries. In these cases, insurance carriers and at-fault parties will argue that the injury victim is partially to blame for their personal injuries because they failed to wear a seat belt.

How Could This Affect Your Final Settlement?

Suppose Blake is driving a vehicle that Jackson strikes, and there is evidence that Jackson was intoxicated and changed lanes illegally. Blake sustained significant injuries in the accident that led to $100,000 worth of medical bills, and the injuries were particularly bad because Blake was not wearing a seat belt. In this incident, it becomes clear that Jackson was responsible for the crash. However, Jackson’s insurance company argues that, because Blake was not wearing a seat belt, he was the cause of the injuries. In this theoretical scenario, a jury may determine that Blake was 20% responsible for his injuries because he did not wear a seat belt. In this instance, he would receive $80,000 in total damages, as opposed to $100,000, to account for his 20% of fault.

Work With an Attorney

If you or somebody you love has been injured due to the careless actions of another person, you need to contact an attorney as soon as possible. A car accident lawyer will have the experience and resources necessary to establish liability and work to obtain maximum compensation on your behalf. An attorney can collaborate with trusted medical professionals and accident reconstruction experts to demonstrate that the other party should be held fully liable for their actions.

What to Expect During a Truck Accident Settlement

If you or somebody you love has been injured in an accident caused by the negligent actions of a truck driver or trucking company, you may be entitled to compensation for your losses. However, the truck accident settlement process can become complex. The truck accident attorneys at Mike Love & Associates, LLC want to discuss what clients can expect during the truck accident settlement process and what types of compensation victims can expect to receive in these cases.

What is a truck accident settlement?

Legal settlements are arranged in a truck accident case when all parties to the litigation reach an agreement outside of court. It should be noted that most truck accident cases are settled before they go to trial. Sometimes, the truck accident case will even be settled before a lawsuit is filed (through insurance carriers).

How can a truck accident settlement benefit you?

Settling a case before it goes to trial is almost always more cost-effective and occurs much quicker than seeking a resolution in court. The settlement process is typically less adversarial than courtroom litigation because neither party has to admit fault on the public record. In cases where both parties are less defensive, their legal teams will be more likely to discuss the issues involved calmly and logically to reach a settlement agreement. A settlement is guaranteed compensation for a truck accident victim, whereas there are no guarantees of compensation when taking a case to trial.

Are there downsides to a truck accident settlement?

While a settlement will typically allow a victim to receive compensation quickly than going through a full trial, the reality is that there are various downsides that you and your attorney need to be aware of concerning a truck accident settlement.

• You (the plaintiff) will lose the right to pursue any further legal claims relating to the truck accident or your injuries after you receive your settlement.

• A settlement agreement may be much less than what the plaintiff would have received by going to trial.

• A settlement means that the negligent parties in these cases will not be held liable for their actions through a public venue.

Types of settlements in these cases

When a settlement has been reached between two parties in a truck accident case, there are two basic ways that the compensation will be paid out to the plaintiff. This can include a structured settlement, in which the plaintiff receives regular payments for a predetermined amount of time (typically monthly payments). A plaintiff may also receive one lump-sum payment in which the total amount agreed upon in the settlement is paid all at once. Regardless of how you receive your settlement, personal injury settlements and jury verdicts are typically not taxed by the IRS (except punitive damages if they are awarded). Another factor to consider in these cases is attorney fees, which will likely be taken as an agreed-upon percentage of the final settlement amount.

What kind of compensation is available?

If you or somebody you love has been injured in a truck accident, there may be various types of compensation available for your case. While no two truck accident settlements are the same, the team at Mike Love & Associates, LLC is regularly able to help clients recover the following:

• Coverage of all truck accident-related medical bills

• Any household expenses the victim incurs due to the incident

• Lost wages and benefits if a victim cannot work while they recover

• Loss of personal enjoyment damages

• Pain and suffering damages

The importance of working with a skilled truck accident lawyer in these cases cannot be overstated. You can contact us for a free consultation of your case by clicking here or calling us at (936) 632-2000.