Le Brocq & Horner Law Firm

Big rig blues: Why large trucks can terrify Texas motorcyclists

2023-12-19T17:19:18Z

If you’re a motorcyclist, does the sight of a loaded tractor-trailer send a shiver of dread down your spine? It should, because collisions involving a motorcycle and a large commercial vehicle do not usually end well for the one on the bike.

Injuries can be catastrophic

It is not uncommon for the motorcyclist to suffer catastrophic injuries in a truck accident. Traumatic brain injury (TBI) and spinal cord damage are two common yet devastating possibilities. Others include:

Abdominal trauma
Multiple bone breaks
Back injuries
Internal damage
Traumatic amputation

These and other injuries can impact your mobility, well-being, cognitive health and mood, often for a lifetime.

Specific risks for motorcyclists

You may already give big rigs a wide berth, which is wise, but here are some reasons to provide them even more room on the road:

Truckers cannot see you: Blind spots that wrap the sides and back of big trucks make it hard for truck drivers to see obstacles.
Size plays a role: Heavy vehicles are slow to stop, especially in an emergency or unpredictable situation.
Cargo calamities: Falling cargo can turn a bike excursion into an obstacle course or, worse, a demolition derby.

These are not the only dangers of cruising near a commercial truck, but they are among the most common. You also have the same accident risks all motorists share: drunk or distracted driving, truck malfunctions and negligent operations.

Protect your compensation

Under Texas accident compensation laws, victims with severe, long-term injuries may be entitled to pain and suffering on top of economic restitution. Consider obtaining a legal opinion to help ensure your truck accident claim covers all your losses, including bodily harm.

What is a chemical sobriety test?

2023-12-05T17:03:33Z

The police have several methods of collecting evidence against drivers they suspect of drunk driving. A driver may be asked whether they were drinking or coming from a bar or the police could have the driver perform a field sobriety test. However, the most accurate way to gather evidence against a driver is via chemical sobriety tests. A chemical sobriety test evaluates the blood alcohol content (BAC) in the body. Someone's BAC is the amount of alcohol found in the body at the time of testing. There are different kinds of chemical sobriety tests. Drivers may wish to know what options they have if asked to take one. Here’s what you should know:

Urine and blood tests

Urine and blood tests both measure a driver's BAC by sampling bodily fluids. These tests typically must be taken at hospitals and police stations, which is why few people consider taking these tests. A blood test is usually more accurate than a urine test. However, lab errors and several other factors can cause inaccurate BAC readings.

Breath tests

A breath test, also called a breathalyzer, is a small portable device that the police can carry to administer sobriety tests. A driver would be asked to blow air into a small port on the breath test. The test will then evaluate the driver’s BAC levels. While not as accurate as blood tests, these tests are often easier to take and preferred by drivers. If a driver can’t blow enough air into a breath test, they may be asked to take a urine or blood test. Under implied consent laws, drivers may face penalties, such as imprisonment and fines, after a lawful arrest if they don’t do a chemical sobriety test. Drivers facing criminal charges after a traffic stop may need to learn about their right to create a legal defense.

What are the most common causes of truck accidents?

2023-11-17T05:04:01Z

The roadways host vehicles of all shapes and sizes. For the most part, journeys are completed safely without major incidents. Unfortunately, given the sheer volume of road users, even the small percentage of journeys that do end in incidents make up a significant number. Every day, over 100 people lose their lives in road traffic collisions. Truck accidents tend to cause the most serious injuries due to the sheer size and weight of commercial vehicles. What are some of the most common causes of truck accidents?

Blind spots

All vehicles have blind spots. These are areas surrounding the vehicle which the driver cannot see. In trucks, blind spots are accentuated, making them much more dangerous for other road users. The areas directly behind, in front and to the passenger side are the most noteworthy blind spots, and they should be avoided. Trucks take longer to stop and cannot maneuver as quickly should another vehicle enter their blind spots.

Loose cargo

Trucks tend to be carrying cargo whenever they are on the road, and this adds another layer of potential danger. Not only does cargo increase the weight of trucks, increasing their stopping distances and impact in the event of a collision, but cargo can fall off. Even a small piece of loose cargo that hits a car traveling at speed can cause serious accidents and injuries. If you’ve been injured in a truck accident and negligence was a factor, you may be entitled to financial compensation. Seek legal guidance to find out more about your options.

Potential changes one may experience after a TBI

2023-11-10T01:35:24Z

After someone suffers a traumatic brain injury (TBI), perhaps in a car accident, family members may say that the person seems to have changed. Maybe their personality has changed. Maybe they just never seem like their old self again, even as they progress in their physical recovery from their injuries. The reality is that a TBI can often cause long-term and short-term changes in an injured individual. It’s important to understand what complications or limitations these can create as the person heals and recovers. Below are a few examples of potential changes that someone may experience after suffering a brain injury.

Cognitive challenges

Some people have trouble with thinking skills and cognitive abilities. They may struggle with making choices or understanding information that would’ve been easy for them to grasp before they got hurt. This may cause them to feel frustrated, because they can tell that those connections just aren’t being made.

Emotional changes

Suffering from a brain injury can be a very emotional experience, and a patient may have more trouble controlling their emotions after their injury. In fact, there is sometimes a link between depression and a TBI. Other times, family members will say that a loved one has become more irritable or aggressive.

Impulse control

A similar concern is impulse control, which may decrease after a TBI. Someone may not stop to think before saying something or they may just be more likely to act on instinct. This can cause them to make mistakes or poor choices, and it may sometimes seem like they are acting irrationally.

Loss of specific skills

Finally, it’s important to note that some people lose specific skills because a certain part of their brain has been injured. They may struggle with mobility, for example, or with their memory. Every situation is different because both the area of the brain that is injured and the severity of that injury play a big role in how TBI symptoms manifest.

Seeking financial compensation

For someone living with a brain injury, life may never be the same. They may also be facing financial challenges, like lost earning capacity and extensive medical bills. It’s important that they know how to seek financial compensation from the party responsible for the harm in question accordingly.

How do the police investigate drunk drivers?

2023-11-02T02:49:46Z

A driver who appears to be drunk may be pulled over by the police. Then, the police can investigate to gather evidence against the driver and prove that they are, in fact, inebriated. What goes into the average drunk driving investigation? How do the commence? Here's what you should know:

When an officer pulls you over, they're watching (and judging) you

The police can use their observational skills to determine if a driver is drunk. Before a driver is pulled over, the police must have reasonable suspicion that the driver is committing a crime. Reasonable suspicion may include, for example, a driver swerving between lanes, weaving over the center line and speeding. The police then look for probable cause to arrest the driver. Probable cause is trustworthy evidence to justify an arrest. For example, a driver who has an open bottle of alcohol in their car and is slurring their speech would give the police probable cause to believe they are inebriated.

The things you say can be additional clues or evidence that can be used

The police also use questions to try to elicit proof that a driver is impaired. Many people don't realize that admitting to things like "only having a beer" is still admitting that they are drinking and driving. Officers are very good at using leading questions to get people to incriminate themselves.

The police can also use standardized field tests to judge sobriety

If questions don’t work, the police may ask drivers to perform physical examinations called field sobriety tests. Field sobriety tests can help the police spot signs of inebriation. A driver may, for example, be asked to stand on one leg, touch their nose or walk on a line for these tests.

Chemical testing can be used to establish blood alcohol content levels

Finally, a driver may be asked to take a chemical sobriety test. Drivers can be given blood and urine tests to evaluate the blood alcohol content (BAC) in their bodies. The most common and readily available test is a breath test. It's important to realize that drunk driving charges are very serious. If you have been charged, it's wise to explore your legal options.

Why do those in enclosed vehicles cause motorcycle crashes?

2023-10-19T15:59:19Z

There are millions of registered vehicles in Texas, a minority of which are motorcycles. Motorcycle riders, like those in enclosed vehicles, must abide by state traffic laws. They often have more of an incentive to follow the law carefully because a crash would put them at more risk than those in vehicles with protective structures and safety systems. Frequently, the people in the bigger vehicle will be responsible for a car-motorcycle crash. Some of these collisions are the result of bad behaviors like drunk or distracted driving. However, another factor contributes to a large number of motorcycle crashes.

Drivers don't notice motorcycles in traffic

The unfortunate reality for motorcycle riders is that drivers often fail to see them even when they are plainly visible across an intersection. Drivers will claim that they did not see the motorcycle. Researchers attribute this to a phenomenon called inattentional blindness. Drivers can only focus their attention on a few details at any given moment, and their brains will focus more on what seems to be a safety risk than on smaller objects, like motorcycles. A driver can look directly at a motorcycle and see it without ever mentally recognizing its presence. Those riding motorcycles can diminish their crash risk by acting as though they are invisible on the road and adjusting their behavior accordingly. Learning more about the factors that contribute to motorcycle collisions can help people improve their overall traffic safety and may help them recognize when they have grounds to pursue a personal injury lawsuit after a collision with a larger vehicle.

How dangerous is it to turn left?

2023-10-02T09:11:19Z

Many people do not enjoy making left turns. They get nervous and stressed out. They may even try to avoid turning left unless they know that they will be at an intersection with a green light or a green arrow.

As it turns out, this fear is justified. Left-turn accidents are one of the most common types of accidents to take place because the driver who is turning naturally crosses opposing traffic lanes. He or she can do this safely if everything goes smoothly, but all it takes is one mistake – potentially by another driver – to cause an accident.

UPS almost prohibits it

To show just how dangerous left turns are, consider the fact that some delivery companies all but prohibit it. They will use GPS systems to design the routes for their drivers. They have found that it is more efficient to have the drivers take more right turns, rather than one left turn because it so drastically reduces the odds of an accident.

Motorcycle riders experience it

Another piece of evidence for the danger of left turns is that they are one of the most common types of motorcycle accidents. Often, the driver who is turning won’t see the motorcycle or will think that it is far enough away that they have space to turn. But the bike is actually much closer than they realize, and the abrupt turn means that there’s no time for the motorcyclist to avoid a collision.

What options do you have?

As you can see, your safety during a left turn largely depends on other drivers. If they make mistakes and injure you, then you need to know about all the legal options at your disposal.

How can you prove self-defense when facing Texas assault charges?

2023-09-20T02:34:42Z

In all states, assault is a serious allegation. In Texas, those convicted of assault can face months or years of incarceration in a state jail or prison. Many people claim self-defense in an assault case, but proving self-defense is far from easy. If you are facing criminal charges only because you defended yourself from harm, the tips below may help you prove your case.

Find witnesses to corroborate your account

There is always a chance that other people witnessed the altercation and know what happened. It’s important to identify witnesses who may agree to testify or provide a formal statement on your behalf.

Find photos or video footage of the incident

Nearly everyone carries a cellphone now. Further many homes and businesses have surveillance cameras. That could mean that there one or more cameras captured what occurred. Nearby residents and businesses may have surveillance footage of the events in question.

Find legal guidance and tell your story honestly

It’s wise to have legal guidance to help you break down the event and identify all defense possibilities. This can also help you get the evidence you need to prove your case. It may even be possible to mitigate your circumstances by showing that the police violated your rights during your arrest.

Learn more about self-defense laws

The better you understand the elements of your case, the better prepared you are to have a successful defense. Texas has self-defense laws that you may be able to leverage in your case. Learning more about stand-your-ground and castle doctrine laws is an excellent way to start.

Who pays if a driver at fault for a wreck doesn’t have insurance?

2023-09-14T01:02:15Z

Not everyone has been granted lawful driving privileges in Texas. Aspiring motorists must be at least 16 years old, and they also need to take the appropriate educational courses and pass a test to secure a license. They must maintain liability insurance on a registered vehicle to legally drive on Texas roads and follow traffic laws while doing so. The decision of some individuals to violate or ignore traffic statutes puts others at risk of collisions. A failure to carry insurance may also mean that the party who didn't cause a crash will be the individual absorbing the most financial losses after a collision. At least as of 2019, the most recent year with data available from the Insurance Information Institute, roughly 8.3% of Texas drivers did not have insurance. Overall, Texas has a lower rate of uninsured drivers than many other states, but there is still reason for people to worry. Who pays for the cost generated in a crash caused by someone without insurance?

The at-fault driver is still financially liable

The reason that insurance is necessary and not optional is because of how expensive a crash could be. The cost of repairing someone's vehicle and covering their medical costs could be multiple times higher than their annual salary. If someone has insurance, their policy compensates the people affected by a crash. If they don't have appropriate insurance, then that liability stays with them. An uninsured driver could very well find themselves facing a civil lawsuit because of the crash that they caused. The person who caused the crash may have to compensate others for lost wages, vehicle repair expenses and hospital bills. If the crash claims someone's life, then the driver without insurance might face a wrongful death lawsuit instead of a personal injury lawsuit. The courts could hold them accountable for the full financial impact of the crash, even if it amounts to multiple years of their personal income. Occasionally, if the person who doesn't have insurance also lacks a significant stream of income or personal assets, the people affected by a collision may want to carefully look into third-party claims, such as a lawsuit against an employer or a manufacturer who released an unsafe vehicle. Knowing the possible options for compensation available in the wake of a wreck can help people in Texas better respond if they get into a crash caused by someone without insurance.

Passengers can be a dangerous distraction

2023-09-04T14:25:15Z

Driving requires multiple decisions to be made every second, which takes a lot of focus. People utilize vehicles for different reasons. For some, driving is how they get to work each day. For others, driving may be a way to meet up with friends and family. On occasions where the vehicle has more than one occupant, it’s vital that the driver does not become distracted. Unfortunately, passengers can become a dangerous distraction, and here’s how;

In-depth conversations

There’s nothing wrong with brief conversations that pass the time, as long as they don’t require intense focus from the driver. For example, it’s best not to have political debates while the vehicle is in operation. Any form of heated or complex discussion will distract the driver, which increases the likelihood of an accident.

Passengers who have been drinking

Many people opt to avoid the risks of impaired driving by nominating a designated driver. This is someone who does not drink during a night out so that they can get everyone home safely when the party's over. Unfortunately, people who have been drinking can lose their inhibitions. They may try to continue the party inside the vehicle and distract the driver from the task at hand.

Unruly children

Children don’t always understand the risks involved in driving. A long journey can become frustrating and tiresome for them. It’s important that kids know how to behave appropriately inside the vehicle. For instance, they should refrain from throwing toys or getting into fights with their siblings. If the children are struggling to behave, it’s advisable that the driver pulls over until they have calmed down. Distracted driving accidents cause numerous injuries and fatalities every year. If you’ve been caught up in a collision, it may be time to look into your legal options.