With the Holidays Coming Up, Do You Know About Texas Drunk Driving Liability?

December is National Impaired Driving Prevention Month. With major holidays like Christmas and New Year’s Eve coming up, work parties and celebrations with friends and family are prevalent. 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 their injuries and damages were caused by the drunk driver.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 who 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 the age of 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.

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Five Auto Insurance Mistakes to Avoid at All Costs

Come armed with knowledge, and you will get the best deal on auto insurance for you and your vehicle. However, go into it with only the slightest grasp of what you should be looking for, and it could cost you. Therefore, you need to know what to look out for.

How to Avoid Making Five Common Auto Insurance Mistakes

Some of the most common mistakes that people make when it comes to auto insurance include:

  • Not understanding the coverage you need or have already purchased.

As the owner of a vehicle, you should know what coverage you are looking for and what you could have. You should feel free to shop around for auto insurance. Just be cautious. Insurance companies do not have your best interests in mind. Remember, these companies are first and foremost concerned with making money.

  • Mistakenly believing that you are covered for everything.

Not all auto insurance policies are the same. Despite what you might be paying in deductibles and premiums, different policies will cover different things. Make sure you know what is in your policy. For instance, do you have Personal Injury Protection (PIP)? Although it is required in Texas, you can be tricked into signing out of this common protection policy. The same is true of coverage for underinsured or uninsured motorists (UM/UIM coverage).

  • Taking the minimum coverage that your state asks for.

The minimum coverage will not cover all the potential hazards out there on the roadways. A decent policy can help provide adequate coverage for medical bills, funeral costs and other expenses associated with a motor vehicle accident. For this reason, it is imperative that you avoid taking a policy with minimum coverage.

  • Choosing Med Pay instead of PIP.

You should ensure that you have PIP coverage on your policy. PIP coverage can help pay for many expenses that occur after a motor vehicle accident involving injuries. On the other hand, Med Pay covers hospital bills, but not lost income. Med Pay is also subject to subrogation. This means that you will have to pay back Med Pay benefits if you obtain a settlement. PIP coverage is not subject to subrogation in Texas.

  • Focusing only on price.

Do not just go for the lowest deductible. Find the policy that best suits you, even if you have to pay a little more. It will be worth it in the end if something happens.Contact Mike Love & Associates, LLC TodayThe Texas auto accident lawyers at Mike Love & Associates, LLC are dedicated to the community. If you have questions about your insurance policy, we may be able to help you find answers. You may also contact us for a free consultation if you or a loved one were harmed in a car accident.

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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 resulted from a car accident. Texas PIP coverage is mandatory, and it offers coverage for any policyholders and household members that were involved in the accident. However, the coverage can be rejected by the person purchasing the policy.

Do I Need PIP Auto Coverage as a Texas Resident?

PIP can help pay for any medical expenses that you or your passengers might encounter 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 to obtain passionate and experienced representation. We offer free auto insurance policy reviews so you can understand what coverage can be available to you. Contact us today for a free consultation.

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Do Texas Drivers Rank Among the Worst for Aggressive Driving?

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 an increased risk of suffering harm in a car accident. You should never escalate the situation if you are confronted by an angry driver. 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 warning signs of aggressive driving that include but are not limited to:

  • Speeding. Drivers who are angry are more likely to speed. Unfortunately, speeding is a major 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 conduct quick and 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 warnings 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.

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The Most Notorious Auto Defects in History Part 2: GM’s Ignition Switch

There have been many auto defect scandals over the past few decades. We published a prior blog on our website that discusses how the Ford Pinto severely damaged the reputation of one of the world’s largest automakers. The Ford Pinto is only the tip of the iceberg. Other automakers have also knowingly released dangerous products on to the market. General Motors (GM) released faulty ignition switches that are thought to be responsible for 124 deaths and 274 injuries.Ignition switches in these vehicles could be triggered into the accessory position, in many cases while people were driving. Several outcomes would be possible if you were driving a GM vehicle when this happened. Your vehicle’s engine and power steering would lose power. The airbags and anti-lock braking system would also be rendered useless. You would have little control over your vehicle if you were travelling at high speeds. The airbags in your vehicle would not deploy if you were involved in a collision. Many of the people injured or killed by GM’s ignition switch likely experienced similar scenarios.During the early morning hours of July 29, 2005, then 16-year-old Amber Marie Rose was headed home from a party when she lost control of her vehicle and slammed into a tree. Investigators initially determined that alcohol and speeding were factors in the crash. However, it was also discovered that the 2005 Chevy Cobalt’s airbags never deployed. A private investigator hired by Amber’s family discovered that the ignition switch had moved into the accessory position.

Why Do Automakers Conceal Dangerous Defects?

There are similarities between the Ford Pinto and GM ignition switch recalls. Ford and GM knew their products would pose a danger to consumers. In fact, GM first discovered problems with its ignition switch while it was testing the Saturn Ion in 2001. Additional ignition switch problems were noticed in 2003 and 2004. By 2005, GM declined to fix the problem due to concerns over costs. GM warned dealerships about the defect, but did not issue a recall until almost ten years later.Automakers feel compelled to cut costs and to protect the reputation of their products. Unfortunately, they pursue these goals at the cost of public safety.If you were injured by a defective automobile or auto product, then you should speak with one of the auto defect attorneys at Mike Love & Associates, LLC. Automakers are not necessarily absolved of liability for issuing recalls. Our attorneys could help you determine legal options for seeking justice against the parties who have caused you harm.

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