What is Considered Reckless Driving in Texas?

Vehicle accidents occur all the time in Texas, and there are many different causes of these accidents. In many cases, a simple driver error can lead to a crash. However, there are times when drivers are considered reckless. Texas law has actually defined “reckless driving.” We want to take some time here to discuss how reckless driving is defined as well as the dangers, propensity to increase car accidents and penalties associated with this type of driving behavior.

Defining Reckless Driving in Texas

Texas law provides a vague definition of what is considered to be reckless driving in the state. When we turn to Texas Transportation Code § 545.401, we can see that the law specifically says that “A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.”When we look at this definition, we can see how it can be broadly applied by law enforcement officials when they seek to cite someone for a driving offense. There are various types of driving behavior that is often considered “reckless,” and this can include the following:

• Speeding

• Driving while intoxicated by alcohol or drugs

• Texting while driving (or other distracted driving behaviors)

• Passing a stopped school bus

• Running stop signs or red lights

• Failing to yield the right of way

• Racing with other vehicles

• Evading law enforcement

What Penalties Are Associated with a Reckless Driver?

When a person violates the reckless driving laws in Texas, this will be considered a misdemeanor offense. Those convicted of reckless driving may face the following punishments:

• A fine of up to $200

• Up to 30 days in county jail

• Or both penalties

Additionally, a person convicted of a misdemeanor offense in Texas will have a permanent mark on their criminal record. This could affect their ability to gain employment, find suitable housing, and even attend school. A misdemeanor driving offense will particularly affect any job that may require a person to regularly operate a vehicle.

How Can Reckless Driving Impact a Personal Injury or Auto Accident Case?

A reckless driving offense could have a significant impact on a personal injury lawsuit. In general, any person injured in an auto accident will need to prove the liability of the other party in order to recover compensation. Determining liability can be difficult, but that is not necessarily the case if the other driver is cited for reckless driving.  If a person sustains an injury in an accident caused by someone cited for reckless driving, this could be used against the at-fault driver to prove liability. In these cases, negligence per se will apply to cases where a person’s violation of law caused the injury.Negligence per se applies to reckless driving cases, so an injury victim will not have to worry about proving every single element of negligence. In these cases, they will only need to prove the following in order to recover compensation:

• That the defendant violated the law (reckless driving citation)

• That the intent of the law question prevent injuries that ended up occurring anyway

• The injury victim is within a class of people that the law was intended to protect

Those injured due to the actions of a reckless driver may be entitled to various types of compensation. This can include coverage of their medical bills, lost income, property damage expenses, pain and suffering damages, general out-of-pocket expenses, and more.

Is It Legal to Lane Split in Texas?

Lane splitting may not be a term that many non-motorcyclists are familiar with, but this is a popular practice in some areas throughout the country and here in Texas. If you have ever seen a motorcycle ride in between two lanes of traffic they are heading in the same direction, then you have seen a motorcyclist lane splitting. However, we want to discuss whether or not lane splitting is legal in Texas. Here, we will further define lane splitting, its dangers, and the legalities behind these actions.

What is Lane Splitting?

Lane splitting is a controversial practice of motorcyclists traveling between two lanes of vehicles that are moving in the same direction. When lane splitting, the motorcyclist will travel between the vehicles while riding on the center dotted line. In many cases, motorcyclists do this when traffic is moving very slowly or stopped at a stoplight. There have long been advocates for motorcyclist lane splitting, and a study from U.C. Berkley actually indicates that lane splitting increases motorcyclist safety, and can reduce motorcycle accidents, by decreasing the chance that the cyclist will be rear-ended in stop and go traffic. The research indicates that lane splitting is generally safe when it happens in traffic moving slower than 50 mph so long as the motorcyclist does not operate 15 mph faster than surrounding traffic.However, lane splitting is not legal in Texas. The only state where lane splitting for motorcyclists is permitted in the United States is California.

What Are the Penalties for Splitting Lanes in Texas?

Motorcyclists can be pulled over and ticketed for lane splitting in Texas. Motorcyclists who are stopped by law enforcement officials could face a citation and a fine of up to $175.Additionally, it is crucial to understand that motorcyclists face other risks aside from possible citations and fines. Some of the potential hazards that motorcyclists face when they participate in lane splitting include:

• Car doors opening
• Hands or objects coming out of car windows
• Vehicles turning unexpectedly
• Vehicles changing lanes unexpectedly

Can Motorcyclists Ride Side by Side?

Yes, Texas law does allow two motorcyclists to share a lane when they are moving in the same direction. You will often hear this referred to as motorcyclists riding “two abreast.” In group rides, it is not uncommon to see many motorcyclists riding side by side in the same lane.

Motorcycle Accidents Affect Texans

Motorcyclists face significant risks on the roadways in and around Texas. Motorcyclists do not have the same level of protection that those inside vehicles do, and even a seemingly minor crash can result in severe injuries. Lane splitting accidents could result in severe injuries for a motorcyclist as well. It is not uncommon for a motorcycle crash in Texas to result in the following injuries for victims:

• Broken and dislocated bones
• Traumatic brain injuries
• Concussions
• Open head wounds
• Spinal cord trauma with paralysis
• Other severe back and neck injury
• Internal organ damage
• Internal bleeding
• Lacerations and road rash
• Significant scarring and disfigurement
• Emotional and psychological trauma

Injured motorcyclists may be entitled to various types of compensation in the event they are injured due to the careless or negligent actions of another driver on the roadway. This can include compensation for their medical bills, lost income, out-of-pocket expenses, pain and suffering damages, and more.

Do Most Car Accident Cases Settle Before Trial?

If you or somebody you care about gets injured or sustains property damage in a car accident, there is a chance you may incur significant expenses. This can include costly medical bills, lost income, property damage expenses, and more. It is crucial for injury victims to be able to secure compensation if someone else causes their accident, but securing this compensation is not always easy. Here, we want to discuss whether or not most car accident cases are resolved between insurance carriers or if they end up going to trial.

Most Cases Are Resolved With Insurance

Despite what TV shows and movies may show you, the vast majority of personal injury cases are resolved before they go to trial. This includes car accident cases in Texas. In general, car accident claims are resolved through insurance carrier settlements before a personal injury lawsuit is even filed. Yes, there may be some conflict and back and forth negotiations between an injury victim and the insurance carrier, but these claims are usually resolved relatively amicably.However, there are times when an insurance carrier denies a claim or refuses to offer a fair settlement to an injury victim. In these cases, the injury victim and their attorney may need to file a personal injury lawsuit in order to recover compensation. That said, just because a personal injury lawsuit has been filed does not mean that the case will end up going all the way to trial. In fact, most personal injury civil lawsuits still do not end up going to trial. There will be an extensive period of investigation, discovery, and negotiations between the two parties before a trial date is set. Most claims are settled during this lengthy process and before trial.

What Are the Pros & Cons of Settling Before Trial?

If the two sides cannot reach an agreement after a lawsuit has been filed, it may be necessary to take a case to trial. There are benefits to settling before a trial occurs, but there are also some drawbacks.

The Pros of Settling Before a Trial

Many people settle before their case goes to trial, and the advantages to settling include the following:

• The victim will receive compensation faster
• Higher attorney fees can be avoided
• Settling can avoid multiple court proceedings (hearings, depositions, the trial)
• Settling avoids an unpredictable jury decision (risk of receiving no compensation at all)

The Cons of Settling Before a Trial

There are various reasons why it may not be a good idea to settle before trial, and an attorney will be able to help an injury back to make these decisions. Some of the negatives of settling a case before trial include not being able to secure the total amount of compensation the victim should receive. Trials can help ensure that an injury victim receives justice and their rightful compensation. Settling before a trial could significantly curtail the amount of compensation the victim receives.

Work With an Attorney

It is highly recommended that all injury victims work with a skilled personal injury lawyer to help with their case. These claims can be unpredictable and complicated. However, a skilled attorney will understand every aspect of the claim and will know whether or not moving forward to trial is a good idea or whether their client should settle.

Where Do Most Slip and Fall Accidents Occur?

Slip and fall accidents are the most common causes of premises liability lawsuits. However, just because these incidents are common does not mean that they are not devastating for victims. Any person who sustains a slip and fall injury must receive adequate medical care so they can make a full recovery period.Unfortunately, it is not uncommon for slip and fall accident victims to experience pain and suffering as well as long-lasting injuries that contribute to high medical bills. Here, we want to examine some of the most common causes of slip and fall accidents in and around our area.

Wet Surfaces

Wet surfaces are the most common cause of slip and fall accidents throughout Texas. Wet floors can occur in a variety of locations, ranging from grocery stores and restaurants to banks, office buildings and public spaces. Wet floors can occur in a variety of ways, including the following:

• Spilled food or drink
• Leaky roofs or appliances
• Recently waxed or mopped floors
• Wet entranceways caused by rain

Property owners and their employees have a duty to regularly inspect floors for moisture. If they are not immediately able to clean up a wet floor, they should cordon off the area and mark the wet area with proper signage. Additionally, property owners and employees should always use “wet floor” signs after they have finished cleaning an area and leave the signs in place until the floor is dry. It should never be assumed that guests on a property will see the floor is wet and avoid the area. Individuals prone to slip and fall injuries can help minimize slip and fall injuries by wearing proper fitting shoes when leaving the home.

Uneven or Undermaintained Surfaces

Uneven walking surfaces are incredibly dangerous for pedestrians. Uneven walking areas can occur in a variety of ways, ranging from uneven pavement to obstacles in walkways. Some of the most common causes of uneven surfaces include the following:

• Loose floorboards
• Cluttered floors
• Improperly paved surfaces
• Potholes in a parking lot
• Defective sidewalks
• Torn carpeting
• Poorly constructed stairways
• Loose floor mats or carpet

Again, it is up to the property owner to ensure that all walkways are even and clear of obstacles and other hazards. Regular inspection and maintenance of a property is a crucial part of ensuring patron safety.

Swimming Pools

Swimming pool and hot tub areas are one of the leading causes of slip and fall cases. While it may seem obvious that there will be wet surfaces around a swimming pool or hot tub, the reality is that most of these types of slip and fall accidents are preventable. For instance, property owners should not allow defects in the surfaces surrounding the pool that allow water to accumulate in a puddle. Additionally, pool area walkways should be free and clear from hazards and obstacles that could cause slip or trip and fall injuries from a potentially dangerous surface.

Unmarked/ Improperly Marked Dangerous Conditions

Property owners should always conduct inspections and maintenance of their premises to ensure the safety of their guests and workers. However, that does not mean that there will never be a dangerous condition. When a property owner does discover that there may be a condition that can cause a slip and fall accident and injuries, they must take steps to fix the hazard. If they are unable to remedy the situation immediately, they need to take steps to cordon off the area and erect adequate warning signs so that nobody will accidentally cross into the dangerous location to suffer a personal injury.

How Long do Truck Accident Cases Take to Settle in Texas?

Being involved in an accident with a large truck can be a confusing and scary experience. The most important thing that any truck accident victim needs to do is seek medical treatment as soon as possible. Unfortunately, truck versus passenger vehicle crashes often result in severe injuries. After the immediate emergency is over, victims often wonder how long it will take for their truck accident case to settle in Texas. Unfortunately, there is no clear cut answer to how long it will take a truck accident case to settle. This is one of the most important things you need to discuss with your Texas truck accident lawyer as soon as possible. An experienced attorney will have in-depth knowledge about this process and will be able to give you a general idea of what you can expect for your particular case.

What Is the Timeline for a Truck Accident Case in Texas?

The reality is that Texas truck accidents are all unique and every case is different. Because no two cases are alike, there is no way to give an accident victim a definitive timeline for their particular truck accident claim. Every case plays out according to the facts and circumstances related to each particular situation. Additionally, a large part of the timeline for these cases revolves around whether or not the personal injury claim is resolved through a settlement offer with insurance companies, or if it is necessary to file a personal injury lawsuit.

If the Case Is Resolved Through Insurance Carriers

There will likely be multiple insurance carriers involved in the aftermath of a crash involving a large commercial truck in Texas. This includes the insurance company of any traditional passenger vehicle drivers as well as the insurance company of the truck driver and commercial trucking company. In general, most vehicle accident cases are resolved through insurance coverage and their carriers, but accidents involving trucks can become complicated, particularly if there are extensive injuries or property damage. If everything goes smoothly, a large truck crash victim can see their case is settled within a few weeks. However, this is a best-case, ideal time frame.

If the Case is Resolved Through a Personal Injury Lawsuit

If the insurance company of the truck driver or trucking company refuses to offer a fair settlement or denies a claim altogether, it will be necessary for the injury victim and their attorney to file a personal injury lawsuit against the company and their insurance company. Once a lawsuit is filed, it will officially enter the civil court system in Texas. At this point, you can be certain that the ideal “couple of weeks” time frame is no longer in play. Attorneys on both sides will conduct investigations, and there will be a discovery process in which both sides exchanged evidence and question witnesses. However, throughout the personal injury lawsuit process, attorneys from law firms will continue negotiations. This may be done informally or through a formal mediation process. Even though a lawsuit may be filed, it is still likely that an injury claim will be settled before the case goes to a full jury. Even so, it could take months or more than a year for this process to play out and for an injury victim to receive a settlement. Still, if no settlement can be reached, and the case needs to go to a jury trial, it could take more than a year or two for a final settlement or jury verdict to be handed down.