Fort Worth Injury Attorney Blog

When an individual travels to another state for work or to visit their family, there may be a need to rent a car for their stay. There may be a few concerns as one rents the car like the insurance coverage for a possible car accident.

Before one rents a car, they should look at their existing policy to see what that policy can cover in case an accident occurs. Typically, if you have a car in perfect condition and rent a compact car, your existing policy will most likely be able to cover any future injuries or damage. If you have an older car with little value and rent a new car, you may want to pursue additional coverage for the time you have the rental.

What will the additional coverage cover?

Corona Virus Covid 19 Notice:

We are facing difficult times during this pandemic crisis. My thoughts and prayers are with you and your family as we deal with the Covid 19 Virus. Please rest assure that my office is dedicated to the welfare and safety of our clients during these difficult times.

With that in mind, please be advised that my office is exercising social distancing protocols and complying with all safety and hygiene recommendations mandated by the government. Our offices are physically open and our employees are working at our office locations. However we are doing our best to communicate with our clients using phone, fax, e-mail and video conferencing. You are welcome to come by our office but please make an appointment first. We are also communicating with our clients using Facetime and other video phone apps.

As businesses expand, they look for new ways to transport their product or deliver a service to others. Thus, they hire drivers to drive their vehicles to do so. Sometimes when a driver is in route, they get into a car accident that may or may not be their fault, but when it is the employee’s fault there is a certain law that may apply to a defendant’s case. This law is called vicarious liability or respondeat superior.

What is vicarious liability and how do I know if it applies to my case?

This concept may apply when an employee causes an accident to an injured party during the course of employment. In order to prove the employer is liable for the employee’s negligent act, the plaintiff has the burden of proof to show that at the time of the employee’s act, the driver was: an employee of the employer and the employee acted in the scope of his employment.

As the spring season approaches so do the outside activities. The warm weather allows us to resume activities the cold weather is not welcoming to. Many individuals like to take a bicycle rides with a friend, significant other, or they like to take the opportunity to teach their kids how to ride a bike. It’s a great hobby to enjoy with others, but when one decides to take routes that involve motor vehicles the bike ride can become more susceptible to collision. Therefore, a bike rider must know certain laws and rules when one decides to encounter routes with cars.

What are the bike laws in Texas?

Bicycles are viewed as the same as vehicles, which means they have to abide by the same laws car drivers do. Generally, some of the laws state:

One of the most important tools we have to utilize on our cars are the lights, which is a tool some people do not use correctly. Almost everyone does well at using their lights at night, but when sunset begins or when the weather is gloomy some drivers forget to use their lights properly. This neglectful act can lead to serious vehicle accidents. According the Texas Transportation Code, there is a statute that states,

§547.302 – DUTY TO DISPLAY LIGHTS

(a) A vehicle shall display each lighted lamp and illuminating device required by this chapter to be on the vehicle:

Am I allowed to drive on the shoulder of a highway?

If this question has not been directly asked, it has come up on one’s mind as they are waiting in traffic or if they see other drivers do it. This is the case if the driver is new to Texas and they are unsure what the law is. To answer this question, the answer is yes. However, there are only certain situations in which you can do this. The Texas Transportation Code describes these situations in section 545.048.

§545.048 – DRIVING ON IMPROVED SHOULDER

Throughout out time driving, emergency vehicles will pass us so they can tend to an accident or a vehicle with car problems. Unfortunately, many people forget what the proper thing to do is when an emergency car passes us as we are driving. In Texas, the law says that when this situation arises the driver is supposed to pull-over to the right-hand side of the road and stop. This law is easy to follow if the emergency vehicle is traveling the same direction as the driver. However, drivers become confused on what the proper course of action is when the emergency vehicle travels in the opposite direction. To clear up the confusion, regardless of which way the emergency vehicle is traveling, the driver should still pull-over to the right-hand side of the road and stop. The Transportation Code specifically addresses this in a statute described below.

§545.156 – VEHICLE APPROACHED BY AUTHORIZED EMERGENCY VEHICLE

(a) On the immediate approach of an authorized emergency vehicle using audible and visual signals…, or of a police vehicle lawfully using only an audible signal, an operator, unless otherwise directed by a police officer, shall:

When an individual is in an accident, the person may feel conflicted about how to proceed with a personal injury case if they believe they were not at fault. Depending on the severity of the accident, it is recommended to seek legal counsel. The thought of filing a lawsuit can be stressful or intimidating for a person, but it is essential to consult with an attorney to learn the value of your case. One may wonder what is discussed in a consultation and how the attorney determines the case’s value.

As I will discuss what is covered during a consultation, please note that not all law firms follow the same procedure when prospective clients come to their office for a consultation.

Generally, when a person calls a law office the individual may speak with a paralegal or a legal assistant first so that they can screen the call. The paralegal will ask the client some basic personal background information. They may ask questions such as, where do you work? What do you do? Where do you live? How long have you lived here? Where did the accident happen? These may seem like pointless questions to one, but to the attorney the answers to these questions helps them evaluate your case. Regarding the occupation questions, the attorney is analyzing, if necessary, whether the person was driving a company car or if the person was driving while they were working. It will help the attorney determine who the parties may be in this lawsuit. As for the residency questions, those answers will help the attorney decide where the case can be filed. There will be more personal background information questions to answer, but the questions above are most common.

As the winter season is approaching, more accidents occur because the weather creates conditions that are unsafe for drivers to travel from one destination to another. During the months of October through February we experience more fog than usual because of the amount of water vapor in the air. Depending on the thickness of the fog, it causes severe accidents because drivers are not able to see vehicles ahead of them. For example, in late December a multi-vehicle pileup occurred in Lubbock, Texas.

According to CNN, on the day of the accident Lubbock was under a dense fog advisory warning causing a mile or less of visibility. The accident started as a two-car crash on Highway 84. As police were investigating the car crash, an 18-wheeler jackknifed and slid into the car crash scene to avoid colliding with a red SUV that changed lanes in front of the 18-wheeler. As the 18-wheeler lost control of the truck, the truck swerved off of the road, rolled on its side, and struck several vehicles as the truck was coming to a stop. Multiple officers and individuals were on the side of the highway when the 18-wheeler was coming to a stop, but luckily, the truck only hit two individuals. The individuals were taken to a nearby hospital for treatment. Furthermore, CNN reported that in total, there were a total of five crashes that involved four semi-trucks and four smaller vehicles.

As stated above, fog can cause more accidents because of the lack of visibility. The Texas Department of Transportation reported a statistic in 2016 that revealed 2,430 reported accidents due to fog. Among those accidents, there were 45 fatalities. Although fog is a hazard that is out of our control, there are some skills one can keep in mind as they maneuver their vehicle through these special weather conditions.

What is negligent entrustment of a vehicle?

Negligent entrustment of a vehicle occurs when an owner of the car allows another individual to use it and the individual causes harm to a 3rd party. This type of arrangement happens quite often especially among family members, friends and companies. For example, a company may let some of their employees use a company car to drive for a period of time. This example is considered negligent entrustment because the employer is the party that is entrusting their employee with the car. For the harmed party to pursue this type of action, the plaintiff will have to prove several elements, such as:

1. The owner of a vehicle entrusted it to another person