Is Speeding a Main Cause of Fatal Auto Accidents?

The National Transportation Safety Board (NTSB) recently released a report that claims speeding and drunk driving cause an equal number of fatal car accidents. According to the NTSB report, speeding was a factor in 112,580 deaths between 2005 and 2014. This number accounts for 31 percent of all highway fatalities. This report also has major implications for people in Lufkin and our surrounding counties. The NTSB report claims that accidents involving speeding are three times more likely to occur on local roads than highways. Angelina County has an abundance of both types of roads.Car accidents that involve speeding are not always fatal. In some cases, the impact may cause life-changing catastrophic injuries. NTSB’s report found that speeding injured 336,000 people in 2014 alone. Forty-percent of these victims were pedestrians, cyclists or motorists who were driving under the posted speed limit.Depending on the type of injury involved, an accident survivor may need care for the rest of their lives. Take for example someone who receives a spinal cord injury that results in tetraplegia. This is where the person has limited to no control over all four limbs. A person with tetraplegia will require specialized care and equipment for the rest of their lives. Pedestrians and cyclists are most likely to suffer these injuries after being hit by motorists who are speeding. They have no protection to guard against the impact of being hit with a large and fast-moving object.

Do I Need an Attorney After an Auto Accident?

It is wise to consult with an attorney after a car accident, whether the cause was speeding or other factors. An attorney can help after a car accident in several ways, such as:

• Fighting insurance companies: The car insurance payout from your accident may not be enough to cover medical bills, lost income and other expenses. An attorney can work on your behalf to ensure that you are compensated.
• Gathering evidence: Your attorney can help establish fault for the accident by finding evidence that helps your case. For example, they may be able to get a court order to obtain the electronic control module from the at-fault driver’s vehicle. The ECM could show whether the other driver was speeding at the time of the crash. In addition, traffic cameras, police reports and other evidence may also exist.
• Filing a personal injury lawsuit: An attorney can file a personal injury lawsuit on your behalf. Damages from a lawsuit could help cover the costs of wrongful death and catastrophic injuries.

Speeding is an incredibly selfish act, yet we see people speeding on our roads daily. The lives of other people are not worth arriving at a destination a few seconds or minutes faster.If you or a loved one were hit by a negligent driver, then the Texas auto accident attorneys at Mike Love & Associates, LLC could help you learn of your rights and possible legal options.

Should Distracted Driving Laws in Texas Be Decentralized?

Texas recently became the 47^th state in the country to pass a state-wide texting and driving ban. Prior to the passage of House Bill 62 (HB 62), also known as the Alex Brown Memorial Act, Texas law banned wireless communication devices for drivers under 18. In addition, drivers could not use mobile phones in school zones or if they possessed a learner’s permit 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 become the 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 in 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 hands-held electronic devices while operating a vehicle or 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 is responsible for a 17 percent reduction in fatal car accidents.

Are There Proponents and Opponents to Texas’ Distracted Driving Law?

Understandably, there are opponents who argue that centralizing distracted driving laws could lead to more deaths on Texas roads. Opponents argue 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. Prior to the passage of HB 62, 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 that 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.The Texas car accident lawyers at Mike Love & Associates, LLC are dedicated to making our community a safer place.

How Many Drivers in Texas Don’t Have Insurance?

Every day, an estimated 20 percent of drivers on Texas roads don’t have insurance, according to the Texas Department of Insurance. This is a scary thought for the rest of us on the roads. That percentage means that there is a one in five chance any car accident will involve an uninsured driver.In Texas, you are not legally required to purchase uninsured/underinsured motorist coverage, but the insurance provider does have to offer it to you. In some cases, the insurance agent will gloss over the fact that they removed uninsured motorist coverage form your plan to offer you a more competitive rate. This means that many insured drivers are not protected from getting into accidents with 20 percent of the driving population.What Happens If You Are Hit by an Uninsured Driver Without Uninsured/Underinsured Motorist Coverage? If you are hit by an uninsured driver, you do have some options. You can try to sue them for personal injury, but if they do not have enough to pay the settlement, or don’t have enough non-exempt assets (like rental properties or boats), the case will be essentially worthless. Most people with enough money for non-exempt assets will most likely have auto insurance. Since Texas makes the party at-fault pay damages from their insurance, a driver that hits someone without insurance is not at-fault to pay in most cases.Then Who Is At-Fault If I'm Hit by an Uninsured Driver? In Texas, your insurance company becomes responsible for paying damages if you are hit by an uninsured driver, but they may try to offer you a lesser settlement than you deserve to minimize their losses. Having a Texas car accident attorney on your side can help get the most out of the situation.

What If I Am Victim of a Hit and Run?

If you have uninsured/underinsured motorist coverage, the plan should cover your damages in the event of a hit-and-run.Many drivers in Texas do not have insurance, which causes a big problem for anyone who has declined Uninsured motorist protection, or has been deceived into taking a plan without it. Lufkin auto accident lawyers at Mike Love & Associates, LLC give free insurance policy reviews to see if your plan has you covered.Experiences dealing with big auto insurance companies and complex uninsured motorist accidents have given Mike Love & Associates, LLC a wealth of knowledge for settling car accident settlements.

Is Texas an At-Fault State?

What is an at-fault state? Texas is an at-fault state, which means the driver that is responsible for the accident needs to compensate the other party for their injuries and damages to their vehicle. Proving which driver is at-fault can turn into a lengthy court battle.

How Can I Help My Accident Case?

• Get their information: This applies to any auto accident. Write down their license plate and any other info quickly, especially if they are denying their fault or acting standoffish.
• Look for witnesses: A witness that can support your claim will strengthen your case, especially if it goes in a police report.
• Compile a police report: Having the police make a report of your accident case can help legitimize your claims in court. Did you notice the driver was on their phone? Did they seem like they might be intoxicated? These are important details to include when speaking to the police.
• Make a report for your insurance company: Take pictures of the damages incurred and notate any possible injuries you have. A car accident attorney can help you get the coverage you deserve.

What If the Other Driver Doesn’t Have Insurance?

Another reason the at-fault system can be tricky is when the other driver is uninsured or has less insurance coverage available than the amount of damage caused.  In this circumstance it is important for you to have uninsured/underinsured motorist coverage on your auto insurance plan. In Texas, uninsured/underinsured motorist coverage is not required.

Can My Insurance Rate Go Up If the Accident Wasn’t My Fault?

In some cases, your insurance rate can go up after an accident, even if it wasn’t your fault. It will depend on state laws and car insurance policies in your region.The at-fault insurance system can create a strenuous process to find who needs to provide coverage to the other. If you were hit by an uninsured or underinsured driver, you will likely have to get your own insurance company to compensate for your damages which can be tricky.Lufkin car accident attorneys at Mike Love & Associates, LLC can get you the best coverage available in an accident using experience navigating local laws involving accidents and insurance companies.

Could Computer Software Cause a Car Accident?

A current recall of a faulty software component affecting 1.25 million Chrysler vehicles is causing side air bags not to deploy and causing issues with the seatbelts. Many components of modern vehicles are managed by software programs, and when they malfunction, the results can be very dangerous. Another example would be recent issues with Uber’s self-driving cars getting into accidents.As software starts controlling more vehicle functions, we are likely to see more software components recalled. This causes questions to arise, such as, is the auto manufacturer responsible for the flaw? Alternatively, is it the software company?

How Do I Know If Computer Software Caused a Car Accident?

1. Have you checked for recalls online? Check online at safecar.gov to see if there are any current recalls on your vehicle following an accident. If they have issued one, the dealer needs to replace your vehicle component for free. You can pair with an auto injury attorney who can call in accident reconstruction experts who have advanced knowledge in finding the cause of accidents.
2. Which parts of your vehicle are controlled by software? In modern cars, more of your vehicle may be controlled by software than you think. Sensors control many vehicle safety features. When they malfunction, they cause things like airbags not deploying, as in the case with Chrysler above.
3. Was their negligence involved? If your vehicle has software that needs to be updated or replaced to function properly, it is the vehicle manufacturers duty to communicate that information to all owners of the vehicle within 60 days.

Who Can Prove That a Software Component Was Faulty?

Proving that software was the cause of an accident could be very difficult. Major car manufacturers and software companies have strong legal resources and trained professionals on their side. Pairing with an experienced attorney can help you get help from professionals who study automobile function and the causes of accidents. If you think that an unknown car error caused you to get in an accident, start taking action today.Contact Lufkin car accident attorneys at Mike Love & Associates, LLC for more information about accident liability and obtaining compensation for your injuries.