Livestock Accidents

“Livestock Accidents” by Texas Personal Injury Attorney Daniel Willis

Unfortunately, sometimes a large farm animal, such as a cow or horse, wanders onto a busy roadway and causes an automobile collision. Because these are large animals, the collisions typically cause serious injuries. These cases can be complex and recovering compensation takes an experienced lawyer.

Texas is a free range state. People are generally allowed to let regulated animals (cows, goats, horses, etc.) roam freely, except on US highways or State Highways.  However, some counties also have local stock laws that further restrict the roaming of livestock to other types of roadways.  Thus, holding a livestock owner responsible often depends on where the collision occurs.

Did You Hit a Regulated Animal on a Texas Farm-To-Market Road?

The majority of the 254 Texas counties have enacted a local stock law. These stock laws generally prevent owners from allowing their regulated animals to roam at large.  Most owners restrict their regulated animals by erecting wood or wire fencing.  Some owners also electrify the fence.  However, wood and wire fencing require constant maintenance and repair, which some owners fail to perform.  The failure to properly maintain fencing may allow animals to roam onto roads, making the livestock owner responsible for any collisions.

Did You Hit A Regulated Animal on A Texas Highway?

If the county does not have a local stock law and the collision occurs on a highway, the livestock owner may still be liable.  However, hitting a regulated animal on a Texas “highway” carries a different legal hurdle.  The Texas Agriculture Code provides that a livestock owner may not knowingly permit the animal to roam at large on a highway.  A “highway” means a US highway or a State highway, but does not include a numbered Farm-to-Market road.

The key to establishing an owner’s responsibility when a regulated animal is struck on a “highway” comes down to one question: “Did the owner knowingly permit the animal to roam at large on the highway?”  Because proving that an owner knowingly allowed his animal to roam at large can be difficult, you should consider consulting an attorney.

If you have an auto or motorcycle accident involving livestock, please contact the Begum Law Group today.  As always, it’s free to meet with us and you don’t pay any attorney’s fees until you receive compensation.  We would love to help you.

You Sued Your Mom??

“You Sued Your Mom??” by Texas Personal Injury Attorney Daniel Willis

If you’re in a car wreck and can’t reach a settlement, your attorney may  have to file a lawsuit.  But who do you sue?  Many people incorrectly believe they can sue the insurance company of the person who causes the car accident.

However, in Texas you’re not allowed to sue the insurance company.  Instead, you have to sue the driver who caused the wreck.

There’s always insurance, but you can’t tell the jury that.

Why?   The Texas Rules of Evidence forbid an attorney from telling a jury about insurance.  Thus, even though insurance is involved almost 100% of the time, the jury will never be told that the insurance company, not the at-fault driver, will pay the amount the jury awards.

The truth is, the insurance company pays for everything and makes all the decisions.  The insurance company chooses the defendant’s lawyer, pays for the lawyer, and pays the jury verdict (up to the policy limits). 

Why does this matter?

The rule that lawyers cannot tell jurors about the existence of insurance may actually mislead the jury.

First, the defendant’s lawyer might imply (improperly) that the defendant is the one who will have to pay the verdict. This may lead a jury to under-compensate the plaintiff for her injuries because they feel bad for the defendant.

Also, a juror may ask, “Why would someone sue their own spouse or their friend?”  Because a jury is not allowed to be told about insurance, they may not understand that for the plaintiff to be compensated for their injuries, they have to sue the person responsible, not their insurance company.   For example, if your mom is driving and causes a collision and you are the passenger and get injured, you may have to sue your mom.  Obviously, it would help if you were able to explain the reason you sued your mom to the jury, but our law does not allow this.

However, now you know better!

If you or someone you know has been injured in a car wreck, please contact the Begum Law Group today.  As always, it’s free to meet with us and you don’t pay any attorney’s fees until you receive compensation.  We would love to help you.

Lawyers Make Us Safer?

“Lawyers Make Us Safer?” by Texas Personal Injury Attorney Daniel Willis

Your car is full of safety features that you may not ever think about; seat belts, airbags, windows that prevent occupants from being ejected, design of fuel tanks, etc.  The reason these safety features and many more exist is because of personal injury attorneys.

Your car is safer and numerous lives are saved every year because personal injury attorneys insisted on it.

Perhaps the most famous example of this is related to the Ford Pinto.  In short, a design flaw in the Pinto made it possible for the fuel tank to explode in rear-end collisions.  An internal memo showed Ford was aware of the design flaw, but decided it would be cheaper to face potential lawsuits than redesign the vehicle.  As a result, some estimates say the design flaw resulted in  over 500 deaths.  You can read more about the Ford Pinto debacle here.

An article in the Washington Post, “How Our Cars Got Safer,” does a great job detailing how litigation has forced car makers to add safety features they otherwise would not have.  A short excerpt from the article is printed below:

It is easy to take for granted just how much safer vehicles have become and how safety measures have been standardized. For years, the auto industry has worked to undermine regulations and limit its liability by pushing for complete immunity from lawsuits when their vehicles comply with minimum federal safety standards. This would, in short, be devastating for consumers.

Recall that the Pinto’s design met all government standards of the time. Had compliance with federal standards been a complete defense of vehicle safety, Ford could not have been held accountable for the many burn victims that the company was later shown to have anticipated.

Put another way, without the civil justice system, gas tanks would still explode in rear-end collisions, seat belts and airbags would not be standard, and cars would roll over onto roofs that would be easily crushed.

Unfortunately, money, not safety, is the number one motivator for most companies.  History has shown that hitting a company where it counts, their pocketbook, is the only way for some to add necessary safety features.

The jury foreman in one Ford Pinto case where a woman died and her 13-year old passenger suffered burns on over 90% of his body was asked why the damages awarded were so high.  He replied, “so that Ford wouldn’t design cars that way again.”

If you or someone you know has been injured by a defective vehicle, please contact the Begum Law Group today.  As always, it’s free to meet with us and you don’t pay any attorney’s fees until you receive compensation.  We would love to help you.

Drunk Driving Statistics

“Drunk Driving Statistics” by Texas Personal Injury Attorney Daniel Willis

A 2010 survey by the National Highway Traffic Safety Administration (NHTSA) revealed some interesting statistics about DWI accidents and the cavalier attitude toward drinking and driving across the nation.

Specifically, the survey found that, in the past year,  1 in 12 drivers admitted to driving while intoxicated and 1 in 5 drivers admitted to driving within two hours of consuming an alcoholic beverage.

Additionally, 4 out of 5 people surveyed indicated that they consider drinking and driving to be a significant threat to their safety and general welfare.

According to NHTSA officials, nearly a third of all fatal accidents in the United States are caused by drunk drivers.

“We could cut fatalities by half if we had 100% seat belt use and eliminated drunk driving,” said Vernon Betkey, chairman of the Governors Highway Safety Association.

In addition to finding that nearly 8 percent of all drivers have driven drunk, the survey also found the following:

• 8 percent of people rode as a passenger in a car driven by someone they believed was too drunk to drive
• 40 percent of people believed they could drive safely after consuming 3 drinks
• 11 percent of people believed they could drive safely after consuming 5 drinks

“We have to do more as a country to close the gap between believing that drunk driving is a threat and actively doing something about it. Impaired driving remains a very serious problem,” said David Strickland, an NHTSA Administrator.

If you or someone you know is involved in an accident involving a drunk driver, please contact The Begum Law Group today.  As always, it’s free to meet with us and you don’t pay any attorney’s fees until you receive compensation.  We would love to help you.

Wichita Falls Car Crash Kills Two Teens, Unborn Baby

“Wichita Falls Car Crash Kills Two Teens, Unborn Baby” by Texas Personal Injury Lawyer Daniel Willis

Two teenage girls and an unborn baby died late last Thursday night following a two-car wreck  involving a Wichita Falls police car.  The girls were identified by Wichita Falls police as 18-year-old Yeni Lopez, who was 7-months pregnant, and 13-year-old Gloria Montoya.  All three were pronounced dead after being transported by ambulance to United Regional Hospital late Thursday.

You can read more about this tragic story here.

Police cars, Border Patrol vehicles, other government-owned vehicles are frequently involved in crashes.  Those wrecks often involve major impacts with significant injuries due to high speed, the size of the vehicle and because those wrecks typically occur at intersections.   When the at-fault driver is a government employee, special rules apply.

If you have been injured in any type of crash, including those involving a police car, Border Patrol vehicle, or other government-owned vehicle, please contact us today.  We would love to meet with you.

Texas Auto Insurance Explained

“Texas Auto Insurance Explained” by Texas Insurance Attorney Daniel Willis

Texas law requires people who drive in Texas to pay for the accidents they cause. Most drivers do this by buying automobile insurance.

Below is a broad overview of common types of insurance coverage.  You should read your auto insurance policy for specific details.

Liability Insurance:  This is required by law in Texas.  If you cause an accident, your liability insurance pays for the property damage you cause and the injuries you cause.  Liability insurance does not pay to repair or replace your car or to treat your injuries. 

The minimum liability limits Texas law requires are:

• Bodily Injury – $30,000 per person; $60,000 per accident
• Property Damage – $25,000 per accident.

This basic coverage is called 30/60/25 coverage. 

If your liability limits are too low to pay for all of the injured victims’ costs, those injured  may sue you to collect the difference. To protect yourself financially, consider buying more than the minumum limits.

Property damage coverage:

• Collision Insurance:  This pays for damage to your car from a collision, even if it’s your fault. 
• Comprehensive Insurance:  This pays for damage to your car caused by most anything other than a car collision. Glass breakage, theft, fire, explosion, impact with an animal, vandalism and flood are some common examples.

Bodily Injury Coverage:

• Uninsured Motorists (UM): Unfortunately, not everyone purchases auto insurance. If you or your passengers are injured by someone who does not have insurance, UM coverage will pay for your damages up to the amount of your policy limits.
• Underinsured Motorists (UIM):  Just as some drivers don’t carry any auto insurance, some don’t carry enough insurance to cover the damages they cause.  UIM coverage pays for damages to you or occupants of your car when the other person’s insurance is inadequate. 
• Medical Payments (Med Pay):  This pays for medical, hospital or funeral expenses for you and others injured or killed while riding in your car, regardless of fault. It also covers you and family members if struck by a car as a pedestrian or if riding in another car.
• Personal Injury Protection (PIP):  This covers the same as medical payments coverage, plus 80% of lost income and the cost of hiring a caregiver for an injured person.

Insurance companies must offer to sell you PIP coverage and UM/UIM coverage along with your liability coverage. If you decide not to purchase PIP or UM/UIM, you must reject it in writing.

Dealing with insurance companies can be a frustrating task.  If you or someone you know needs help dealing with an insurance company, please contact The Begum Law Group today.  We would love to help you.

11 Injured in Texas Bus Crash

“11 Injured in Texas Bus Crash” by Texas Bus Crash Attorney Daniel Willis

Authorities say 11 passengers have been injured after a charter bus rolled over on an interstate in south central Texas.

WFAA.com states the following:

Hays County Sheriff’s Lt. Dennis Gutierrez tells the San Antonio Express-News that three people were taken to a San Antonio hospital with life-threatening injuries after the crash early Friday morning. He said the other injured passengers were taken to area hospitals.

Gutierrez said the accident happened about 4 a.m. on Interstate 35 between San Antonio and Austin. He said the 72-passenger bus was nearly full.

Gutierrez said investigators were still gathering information about the crash as rush hour began.

Ruth Alanis of Dallas-based bus owner Mares Tours told The Associated Press that the company did not yet know anything about the crash.

If you or someone you know has been injured in a bus crash and need help, please contact us today.  We would love to help you.