With the Holidays Coming Up, Do You Know About Texas Drunk Driving Liability?

December is National Impaired Driving Prevention Month. With major holidays like Christmas and New Year’s Eve coming up, work parties and celebrations with friends and family are prevalent. Unfortunately, drunk driving is also a prevalent safety concern around the holidays.

Who Is Responsible for a Texas Drunk Driving Accident?

A drunk driver could face criminal charges for impaired driving and causing injuries to someone else, but that would not recover compensation for the victim. The victim of the accident could have a viable claim to recover compensation if he or she can prove that their injuries and damages were caused by the drunk driver.Texas also has dram shop laws that hold businesses liable for accidents caused by intoxicated customers. For example, if a person who has been drinking at a restaurant for their work holiday party drives home and gets into an accident with another vehicle, then the restaurant who provided the alcohol could share responsibility for the car accident. Not only could the other driver potentially have a claim against the drunk driver, but they could also have a claim against the restaurant.A business could be held liable for a drunk driving accident caused by a customer if:

• The customer was a minor under the age of 18;
• The customer was visibly intoxicated enough to be a danger to himself or other people;
• The customer’s intoxication was an immediate cause of the accident.

Need a Lufkin Car Accident Lawyer?

If you or someone you love has been injured in a car accident caused by the negligence of another driver, contact the car accident attorneys at Mike Love & Associates, LLC as soon as possible to discuss your legal options. An experienced car accident attorney could help you determine fault after a car crash by using tangible evidence and advise you about your best legal options. Call our office at (936) 632-2000 today to discuss your situation.

What Are Common Causes of Distracted Driving Accidents in Texas?

“Supernatural” TV star and Austin native Jensen Ackles recently spoke about the dangers of distracted driving in a PSA for the Texas Department of Transportation, or TxDOT. The ad is part of a new “Heads up, Texas” campaign that TxDOT launched in response to recent distracted driving accidents in Texas involving mobile phone use. Ackles raised awareness about the dangers of texting while driving, and how your phone can cause serious accidents. It’s also now against Texas state law.

Why Distracted Driving Is Dangerous

A texting-while-driving ban passed the Texas Senate last year. House Bill 62 was passed as a statewide ban on reading and sending electronic messages from a cell phone while operating a vehicle. This ban is in response to alarming statistics relating to distracted driving in Texas.Roughly 100,000 of reported car accidents in Texas last year, or 19 percent, involved some sort of distracted driving. These distracted driving accidents resulted in 452 deaths statewide.Keep in mind that certain cities in Texas have different levels of restrictions on phone use while driving. For example, Austin has a stricter ordinance that completely prohibits cell phone use while driving in city limits.If you have been involved in a car accident due to someone else’s distracted driving, you could potentially seek compensation for your injuries. Contact Mike Love & Associates, LLC to speak with a car accident attorney about your situation.

How Does Texas PIP Coverage Protect Me After a Car Accident?

Under Texas law, insurance companies are required to give drivers and passengers Personal Injury Protection insurance coverage, also known as PIP. This type of auto coverage pays for certain damages that resulted from a car accident. Texas PIP coverage is mandatory, and it offers coverage for any policyholders and household members that were involved in the accident. However, the coverage can be rejected by the person purchasing the policy.

Do I Need PIP Auto Coverage as a Texas Resident?

PIP can help pay for any medical expenses that you or your passengers might encounter after a serious car accident. This includes medical and surgical treatment, ambulance services, medications resulting from accident injuries and medical supplies. PIP coverage will also pay up to 80% of your lost wages if you miss work due to injuries received in a car accident.Check with your auto insurance provider and personal injury attorney to determine the specific coverage limits of your PIP coverage.

How Do I File a PIP Claim in Texas?

Call your insurance company after the car accident to report the incident. Make sure to ask for a PIP claim form. PIP claims have to be submitted within a specific time frame. PIP coverage also has maximum limits that can be paid, but fortunately they don’t have deductible amounts that you need to pay.If you have been involved in a car accident in Texas, you should speak with Mike Love & Associates, LLC to obtain passionate and experienced representation. We offer free auto insurance policy reviews so you can understand what coverage can be available to you. Contact us today for a free consultation.

The Most Notorious Auto Defects in History Part 2: GM’s Ignition Switch

There have been many auto defect scandals over the past few decades. We published a prior blog on our website that discusses how the Ford Pinto severely damaged the reputation of one of the world’s largest automakers. The Ford Pinto is only the tip of the iceberg. Other automakers have also knowingly released dangerous products on to the market. General Motors (GM) released faulty ignition switches that are thought to be responsible for 124 deaths and 274 injuries.Ignition switches in these vehicles could be triggered into the accessory position, in many cases while people were driving. Several outcomes would be possible if you were driving a GM vehicle when this happened. Your vehicle’s engine and power steering would lose power. The airbags and anti-lock braking system would also be rendered useless. You would have little control over your vehicle if you were travelling at high speeds. The airbags in your vehicle would not deploy if you were involved in a collision. Many of the people injured or killed by GM’s ignition switch likely experienced similar scenarios.During the early morning hours of July 29, 2005, then 16-year-old Amber Marie Rose was headed home from a party when she lost control of her vehicle and slammed into a tree. Investigators initially determined that alcohol and speeding were factors in the crash. However, it was also discovered that the 2005 Chevy Cobalt’s airbags never deployed. A private investigator hired by Amber’s family discovered that the ignition switch had moved into the accessory position.

Why Do Automakers Conceal Dangerous Defects?

There are similarities between the Ford Pinto and GM ignition switch recalls. Ford and GM knew their products would pose a danger to consumers. In fact, GM first discovered problems with its ignition switch while it was testing the Saturn Ion in 2001. Additional ignition switch problems were noticed in 2003 and 2004. By 2005, GM declined to fix the problem due to concerns over costs. GM warned dealerships about the defect, but did not issue a recall until almost ten years later.Automakers feel compelled to cut costs and to protect the reputation of their products. Unfortunately, they pursue these goals at the cost of public safety.If you were injured by a defective automobile or auto product, then you should speak with one of the auto defect attorneys at Mike Love & Associates, LLC. Automakers are not necessarily absolved of liability for issuing recalls. Our attorneys could help you determine legal options for seeking justice against the parties who have caused you harm.