What Types of Evidence Might Be Used in A Car Accident Case?

Evidence in car accident cases can come from many different sources and parties. Personal injury attorneys can use this evidence to pursue claims against other drivers, auto parts and vehicle manufacturers, or businesses. Depending on the circumstances of an accident, evidence can vary. The following list can give you an idea of what types of evidence may be useful for a case.

4 Examples of Evidence in Car Accident Cases

1. Event data recorder: Event data recorders (EDRs) are onboard computers found in many vehicles. In some ways, EDRs are like a commercial aircraft’s black box. Newer EDRs may record speed, steering, force of impact, braking and acceleration at the time of an accident. If a motorist was speeding at the time of a crash, the EDR might have this action on record. EDRs can also spot auto defects in some cases, such as whether airbags deployed or brakes were working correctly. An attorney might be able to receive a court order to pull data from the EDR of an at-fault driver.
2. Surveillance footage: Video surveillance footage can be helpful evidence in a car accident case. For example, if an accident occurs as someone is making a left-hand turn out of a gas station parking lot. The gas station’s cameras may pick up a driver speeding through a stop sign. Intersection cameras may show a driver speeding through a red light and crashing into another vehicle. Some vehicles use dashboard cameras. It is also possible that witnesses recorded an accident on their smartphones. Depending on the circumstances, it may be possible to obtain footage the accident.
3. Social media posts: In the last few months, there have been several cases where motorists have caused accidents using Snapchat’s “speed filter.” This filter records how fast users were moving while taking selfies. One case involved a driver who slammed into another motorist while taking a selfie at over 110 miles per hour. The selfie was posted to the user’s profile.  In other examples, a person may snap Facebook photos of themselves drinking heavily at a party. If this person leaves the party minutes later and hits another driver, that post might also be used.  Depending on the circumstances, social media posts are useful evidence for proving fault.
4. Medical records: Plaintiffs in a personal injury case are seeking damages for their injuries, so medical records are of vital importance. These records are essential for showing the extent of injuries, the costs of recovery, and whether someone can return to work. Hospitals and other health care providers keep detailed financial and medical records for patients. Medical records can help calculate damages in a personal injury case.

Why You Should Not Wait to Hire a Car Accident Attorney

These examples are not an exhaustive list of the types of evidence that may be used for a personal injury case involving a car accident. Finding evidence may be much more difficult. However, the more evidence obtained, the better, as it helps tell a story of what happened.It is essential to hire an attorney quickly after an accident so they can work on preserving evidence. If evidence is destroyed, accidentally or intentionally, it can hurt your ability to recover damages.At Mike Love & Associates, LLC, our Texas car accident attorneys will give your case the personalized attention it deserves.

Travel Safety Tips for the Holiday Season

November and December are some of the busiest months on highways and interstates throughout the country. The vast majority of people are travelling to visit with family and friends during the holidays. Due to more cars being on the road and adverse weather conditions, there are more opportunities for car accidents to occur. Safety should be a major concern for all motorists this time of year. The following travel safety tips may reduce your chances of being involved in an auto accident during the holidays.

Get Enough Sleep: Drunk and Drowsy Driving Are Similar

Lack of sleep is one of the greatest dangers for motorists taking long road trips. Drowsiness can significantly raise your chances of being involved in an accident.The AAA Foundation for Traffic Safety released a report earlier this month linking drunk and drowsy driving. According to the study, motorists driving on four to five hours of sleep show impairment similar to a blood alcohol content of .08, the legal limit. AAA also claims that missing one or two hours of sleep per night can quadruple the risk of being involved in an accident. People with less than four hours of sleep are 12 times more likely to crash.The National Sleep Foundation recommends getting seven to nine hours of sleep before setting out on a trip, and avoiding sleep medications or alcohol the night before departing. If you notice symptoms of drowsiness, such as heavy eyelids, yawning or difficulty focusing, pull over and rest or let someone else drive.

Make Sure Your Vehicle is Safe to Drive

Your vehicle cannot protect you if certain parts are not in working condition. Before setting out on a trip, it is wise to receive a tune-up. A qualified mechanic can check your brakes and pads, head and tail lights, car battery, tires and fluids.If you have young children, the week before a road trip is a good time to check the effectiveness of booster seats. An estimated eight in ten parents do not know if their booster seats are installed correctly. Some police and fire departments can perform checks. Local Texas Department of Transportation offices may also help parents with car seat issues.

Always Remember to Drive Safely During Your Trip

Long-distance driving requires extra attentiveness to road etiquette and safety. Use extra caution while traveling through work zones. Pay careful attention to speed limits during your travels. Always avoid distractions, such as mobile phones, eating or applying makeup.There are also driving etiquette rules that can improve your safety. Never tailgate other drivers, and do not drive in the left-hand passing lane.National Safety Council statistics show more than 700 people die in car accidents every year between Christmas and New Year’s. The best way to avoid an accident is to take preventative action and plan ahead.The Texas personal injury attorneys at Mike Love & Associates, LLC, wish everyone a happy holiday season. Please stay safe!

How Does Texas Prevent Drunk Driving Accidents?

Mothers Against Drunk Driving (MADD) claims our state leads the nation in drunk driving accidents. According to MADD, 1,337 people in our state lost their lives to drunk driving in 2013. Another 15,687 suffered injuries. Our state also has a high rate of drunk driving arrests. Texas had 64,971 DWI arrests in 2013. That is almost twice the number of people who live in Lufkin.While Texas does have a high number of drunk driving accidents and DWI offenders, our state does have solutions in place to protect the public. Our state has ignition interlock requirements for first-time offenders, educational programs for college and high school students, and other regulations that can prevent drunk driving accidents.

Do Ignition Interlock Devices Prevent Drunk Driving Accidents?

Texas changed its ignition interlock laws in 2015. As of last year, the court may require first-time DWI offenders age 21 and older with a BAC of .08 or greater to install ignition interlock devices in their vehicles.Ignition interlock devices require DWI offenders to blow into a device to start their vehicles. The device measures their blood alcohol content level. If it detected a measurable trace of alcohol, their vehicles would not start. MADD statistics claim states who require mandatory ignition interlock devices for offenders see a 43 percent reduction in fatal drunk driving accidents.Texas only recently required first-time offenders to install these devices, so it may be several years before our state has statistics showing if they are effective.

What Else Does Texas Do to Prevent Drunk Driving?

• Public safety campaigns: Schools, organizations and government agencies all participate in drunk driving awareness programs. For example, the Texas Department of Transportation has its #EndTheStreakTexas campaign. TxDOT’s campaign focuses on preventing drunk driving and other causes of car accidents. During this campaign, TxDOT has invited people who have lost loved ones to share their stories on its social media pages. It has also utilized infographics and other social media materials to reach a wider audience.

• Enforcement periods: Sobriety checkpoints are illegal in Texas, but law enforcement still has effective methods for catching drunk drivers. Enforcement periods, which often occur during holidays with lots of drinking, are where police and the Texas DPS officers increase patrols. During these enforcement periods, law enforcement will saturate the roads with officers to pull over and arrest drunk drivers. Law enforcement may also use ‘no refusal’ weekends, where police officers may obtain warrants to blood test drivers who might be intoxicated.

How Would You Prevent Drunk Driving Accidents?

There are other possible solutions for preventing drunk driving accidents. For example, some people argue ridesharing services like Uber or Lyft prevent people from drinking and driving. Another possible solution is to increase the penalties for first-time offenders.If you were in charge, how would you prevent drunk driving in our state? Let us know by connecting with the Texas personal injury attorneys at Mike Love & Associates, LLC on Facebook and Twitter.

How Would You End Distracted Driving?

Distracted driving has become a primary cause of car accidents across the country. National Highway Traffic Safety Administration statistics show 431,000 people were injured in distracted driving accidents in 2014. This is also a threat to Texans. Last year, distracted driving accidents killed 482 people in our state. Many of these crashes are caused by people using their phones while driving. Other accidents may involve motorists applying makeup, shaving or eating.The Texas Department of Transportation (TxDOT), and many other Texans, want to fix this public safety problem. TxDOT recently held a distracted driving summit to showcase solutions for preventing distracted driving. Policymakers, business leaders and law enforcement were on hand to discuss these solutions with the public.

Would These Solutions End Distracted Driving?

The fact is, there are many possible solutions to solving this issue.

• Stronger laws: We recently talked about Texas and distracted driving on our blog. Texas is one of four states that does not have a statewide ban on texting and driving. In many states, drivers can face fines and lose points on their license.

• Public campaigns: TxDOT’s distracted driving summit is the perfect example of safety campaigns can inform the public about this issue. During the summit, speakers discussed how changing our behavior can prevent the temptation to use our phones behind the wheel. For example, keeping our phones off while driving or placing them out of reach.

• Apps and other tech: Apps like AT&T’s DriveMode can disable text messaging while driving. Some apps go a step further and disable phones. LifeSaver locks the phone once it detects the user is driving. Parents or employers can install LifeSaver on phones to observe the driving habits of their children or workers. Users collect points and obtain rewards for safe driving habits. For parents, points could buy a new Xbox game. Employers could reward workers with paid time off. Cellcontrol uses a combination of apps and equipment installed in vehicles, which can prevent tampering.

• Self-driving vehicles: Some claim self-driving vehicles, or the technology utilized by these cars, will end distracted driving accidents. Automatic braking, steering and other features are set to become standard features on new vehicles within the next few years. However, many people will be unable to afford these vehicles for quite some time. Others may be unwilling to give control of their vehicles to machines and software. This solution may take more than a decade to materialize.

These are only four examples of how the federal government and states could attempt to solve the distracted driving problem. We are likely to see a combination of solutions working together.What solutions would you choose from this list? Would you add any solutions? Let us know by interacting with the Texas personal injury attorneys at Mike Love & Associates, LLC on Facebook or Twitter.

Is Your Vehicle Ready for Cold Weather?

With temperatures still in the 70’s and 80’s, winter weather may not seem like a pressing concern. The bad news is that winter is coming, and with it, a higher probability of being involved in an auto accident. Officials at the Texas Department of Transportation (TxDOT) are using the next few weeks to prepare for winter weather hazards. TxDOT has started servicing dump trucks, sanders and other de-icing vehicles in preparation for possible ice storms. Now that TxDOT is preparing, we should do the same. There is a lot you can do to prepare your vehicle for cold weather.

4 Ways to Prepare Your Vehicle for Cold Weather

1. Check your brakes: Failing to check one of the most important pieces of equipment on your vehicle can prove fatal this time of year! Now is the time to check if your brake pads and fluid need to be replaced. Depending on your level of skill servicing vehicles, you may need to seek out an auto mechanic. It is possible to make simple mistakes while replacing and discarding brake fluid.
2. Replace windshield wiper fluid: There are varying windshield wiper fluids for different seasons. Winter windshield wiper fluid uses alcohol or other deicing chemicals, making it less likely to freeze.
3. Check your tires: Cold weather requires healthy tires. You can check your tread depth by using the quarter trick. Take a quarter, and stick it in the tread of your tires. If part of Washington’s head is covered, your tires may have enough tread depth. Check your tires for uneven wear and tear. Be sure to check your tire alignment and pressure. It is imperative to inspect several different aspects of your tires for winter weather, so this may be best left to a professional mechanic.
4. Carry emergency supplies: You should prepare for the worst-case-scenario; your car breaking down on the side of the road. Carry a first aid kit, jackets, blankets and gloves in your trunk.

When Are Weather Conditions Unsafe for Driving?

Avoid driving during and after an ice storm. Do not risk it. Iced roads are too dangerous to drive on. Many businesses shut down during these conditions because it is unsafe for their employees to drive.If for any reason you are forced to drive during freezing weather conditions, TxDOT has suggestions for improving your safety. TxDOT recommends driving at slower speeds. Keep in mind, speed limits are for normal road conditions. This means that driving at 70 miles per hour becomes dangerous as the weather gets colder. Sleet and ice can accumulate on bridges, elevated surfaces and shady areas. TxDOT also recommends to give other drivers three times the normal following distance in case you need to stop. If you receive a warning that roadways ahead are iced, pull over and wait for conditions to improve.The Texas personal injury attorneys at Mike Love & Associates, LLC encourage you to adopt safe driving practices as winter weather approaches. Holiday weekends are notorious for auto accidents. Please be safe.