What Should I Do After a Construction Zone Car Accident in Texas?

Accidents occur in construction zones regularly. Unfortunately, construction work on or near the roadway can lead to significant confusion, bottlenecked traffic, closed-off lanes, reduced speed limits and more. Not only is this dangerous under ideal conditions, but construction work zone accidents are much more likely to occur when there are negligent or careless drivers on the roadway. Additionally, there are times when these incidents are caused by the negligence of a road construction company or governmental agency responsible for the site. Here, we want to discuss steps that you can take in the event you are involved in a construction zone car accident in Texas.

What Should I Do After a Construction Zone Accident?

If you have been involved in a construction zone crash in Texas, you should take the following steps to ensure that your rights are protected:

• Seek medical care immediately. Regardless of how minor or severe injuries are, you need to seek medical care immediately. Let a doctor evaluate your situation and determine any necessary treatment.
• Make sure law enforcement comes to the crash. Law enforcement officials need to come to the scene of the crash to conduct a preliminary investigation and determine liability. You will need an official copy of the accident report for your insurance carrier.
• Gather evidence. If you are able to safely do so at the scene, use a phone or other camera to take photographs of any damages, injuries, causes of the crash, construction zone signage, temporary road markings, etc.
• Report the incident to your insurer. You need to report the incident to your insurance carrier as soon as possible. You do not have to go into much detail about the incident initially, but the carrier does need to know that a crash occurred.
• Contact an attorney. You should consider consulting with a skilled Texas car accident lawyer in the aftermath of an incident around a construction zone. A personal injury attorney will have the resources necessary to conduct a full investigation to determine liability in the case.

Construction Zone Accidents: Who is Liable?

There may be various parties that could be held liable in the aftermath of a Texas construction zone accident. This could include other drivers on the roadway, construction companies, contractors or subcontractors, government agencies, etc. Construction companies or governmental agencies may be liable in the event:

• They failed to alert drivers with adequate warning signs
• They did not properly mark temporary lanes for drivers to follow
• They neglected to properly cordon off dangerous areas
• They failed to guide traffic when necessary
• Construction workers left dangerous construction equipment near the roadway that created a hazard for drivers

According to data available from the Texas Department of Transportation, there were more than 26,000 total crashes reported in work zones throughout the state during the latest year. Out of these incidents, there were:

• 168 fatalities
• 689 suspected serious injuries
• 2,448 non-incapacitating injuries
• 7,840 possible injuries

If you or a close loved one has been injured as a result of construction zone car accidents in Texas caused by the careless or negligent actions of another party, seek legal advice and assistance from our law office immediately. The accident attorneys at our law firm will work to fully investigate your case in order to secure maximum compensation for your personal injury claim during a free consultation.

Texas Bicycle Laws: What You Need To Know

Riding a bicycle can be an incredibly enjoyable experience. Whether a bicyclist is a recreational rider or someone who uses the cycle as their regular mode of transportation, it is important to understand that bicyclists face more risks than others in or around the roadway. In an effort to mitigate the risks involved in riding a bicycle, both drivers and bicyclists need to understand Texas bicycle laws and how they apply. Here, we want to review some of the basic Texas bicycle laws so you can remain safe on the roadway.

Texas Cycling Laws You Should Know

There is no doubt that bicycling can be dangerous, particularly because bicyclists typically operate around other vehicles, trucks, buses, etc. However, it is important to understand that bicycles are generally considered vehicles under state law and should be afforded the same rights as other vehicles. Conversely, bicyclists are required to follow traffic laws when they are on the roadway. Some of the basic bicycle laws in Texas are as follows:

• Bicyclists should only ride on streets, roadways, bike paths, and other routes specifically designated for bicycle riding.
• Bicycles should not be ridden into bicycle racks. Rather, a bicyclist should dismount upon arrival and place their bike into an available space.
• Bicycles are considered vehicles, and the bicyclist must obey all traffic laws, signs, and signals. This includes stopping at all stop signs and all red lights.
• Bicyclists may ride two-abreast on the roadway, but shall not impede the normal and reasonable flow of traffic.
• A person using a bicycle may not carry more passengers then the bicycle is designated for.
• Bicyclists may not carry any objects that prevent them from keeping at least one hand on the handlebars.
• Bicyclists must extend their hands to perform arm signals regarding their intent to stop or turn.
• Every bicycle must be equipped with a brake capable of making the braked wheel skid on dry, clean, and level pavement.
• Bicycles can only be operated at nighttime if they are equipped with a headlamp that is visible from a distance of 500 feet in front of the bike and a rear red reflector or red lamp visible from a distance of 300 feet or 500 feet, respectively.
• A bicycle rider who is moving slower than other traffic on the roadway should ride as near as possible to the right curb or right edge of the roadway.

Under the following circumstances, bicyclists are allowed to take the full lane of travel:

• When the person is passing another vehicle moving in the same direction.
• What the person is preparing to make a left turn at an intersection or onto a private road or driveway.
• When there are unsafe conditions on the roadway that prohibit riding safely near the right side of the road.
• When the lane is substandard width, making it unsafe for a bicyclist and motor vehicle to travel side by side.

While Texas does not have a statewide helmet law requirement for bicyclists, all bicycle riders, including electric bicycle riders, are strongly encouraged to wear helmets to protect them from open head wounds and traumatic brain injuries.

Texas Bicycle Accident Statistics

According to the Texas Department of Transportation, there were 2,547 total bicycle crashes reported during the latest year of data available. Out of these incidents, there were:

• 16 fatalities
• 312 suspected serious injuries
• 1,102 non-incapacitating injuries
• 878 possible injuries

When looking at this data, it is clearly evident that bicycle operators have a high probability of being injured in the event a collision occurs with another passenger vehicle on the roadway. By following the laws mentioned above, both drivers and bicycle riders will take steps to mitigate risks and stay safe on the roadway.

Most Commonly Broken Texas Traffic Laws

Traffic laws are in place for a reason – they ensure that everyone operates their vehicle safely. Unfortunately, there are times when careless or negligent drivers get behind the wheel of a vehicle, violate traffic laws, and cause accidents and serious personal injury cases. Very rarely do vehicle accidents occur without a violation of a traffic law happening first. Here, we want to discuss some of the most commonly broken traffic state laws in Texas.

Running a Red Light

Running a red light is a serious violation in Texas. However, this is one of the most common tickets involving a moving violation. In Texas, running a red light could result in a $200 fine. If a driver is caught on camera running a red light, the fine is around $75.

Using a Phone

According to data available from the Texas Department of Transportation, approximately one out of every five accidents involves distracted drivers. In Texas, it is illegal to use a wireless communication device for electronic messaging while operating a motor vehicle. This includes texting as well as reading or writing emails. However, many drivers still use cell phones while they are behind the wheel.

Not Wearing a Seat Belt

Drivers are required by Texas law to wear a seat belt when they are operating their vehicles. Drivers can face fines of up to $200 if they are pulled over and not wearing a seat belt.

Driving Under the Influence

Driving under the influence of alcohol or drugs is incredibly dangerous, and Texas prohibits people from driving with a blood alcohol concentration of .08 percent or higher. For commercial vehicles, drivers must not operate above .04% blood alcohol concentration.

Driving Without a License

It is vital the drivers operate only if they have a valid driver’s license. Drivers who operate without a license could face significant fees and even jail time.

Driving Without Insurance

Every driver in Texas must have valid insurance, and operating without auto insurance could result in a fine of up to $350. Additionally, drivers in Texas could face full financial responsibility in the event they cause an accident when they do not have insurance.

Speeding

Speeding is one of the most common traffic violations, and this type of non defensive driving behavior can lead to serious accidents. It is vital that every driver understand the importance of posted speed limits for the roadway they are on.

Headlight Violations

In Texas, drivers must use their headlights at night and when visibility is less than 1,000 feet in front of the vehicle. A common rule of thumb is that drivers should also turn their headlights on 30 minutes before sunrise and 30 minutes before sunset.

U-Turns

The laws regarding U-turns in Texas are fairly minimal. Texas traffic laws indicate that a person can only make a U-turn if they can clearly see at least 500 feet both in front of and behind them. However, drivers also need to be aware that there may be places where U-turns are prohibited, and this will be indicated by signage. According to the Texas DOT, there were more than 256,000 total traffic collision injuries and more than 3,610 traffic collision fatalities during the latest reporting year across the state. It is vital that all drivers obey Texas traffic laws. Failing to do so almost always results in an accident occurring.

Statute of Limitations for a Personal Injury Claim in Texas

If you or somebody you care about has been injured due to the negligence, careless, or intentional actions of another person, you should be able to recover compensation for your losses. However, securing this compensation may require filing a personal injury lawsuit against the alleged negligent party. It is important to understand and comply with all time limits regarding personal injury lawsuits because a missed deadline could result in a person not being able to recover any compensation.

What Are the Statutes of Limitation for Personal Injury in Texas?

Statutes of limitation are timelines put in place under the law that dictate how long a person has to commence certain legal actions. These can be applied to both criminal and civil cases. For personal injury cases in Texas, the statute of limitations is two years from the date the injury occurs (Texas Civil Practice & Remedies Code section 16.003). This means that a personal injury victim has a two-year window with which to file a lawsuit against the person believed to have caused the injury.

Exceptions To the Texas Personal Injury Statute of Limitations

There are a few scenarios that could result in a pause of the statute of limitations for a personal injury matter, effectively extending the deadline. This includes:

• If the injured person is legally disabled under Texas law, which is defined as the person being under the age of 18 or “of unsound mind” at the time the injury occurs. If this is the case, the two-year statute of limitations “clock” will generally not start running until the period of legal disability has ended, which means the injured person turns 18 or they become mentally competent.
• If, at any point after the underlying accident, but before a lawsuit can be filed, the alleged negligent party in the case leaves the state of Texas. If this happens, the period of absence will not be counted as part of the two-year statute of limitations countdown.

A personal injury lawyer from Texas will be able to help guide you through this case and examine whether or not any of the exceptions to the statute of limitations apply to your situation.

Is the Filing Deadline for a Personal Injury Case?

Missing a filing deadline for a personal injury claim can result in the injury victim being unable to recover any compensation for their losses. If a personal injury lawsuit is filed more than two years after the date the injury occurred, the case will likely be dismissed. It is strongly advised that you work with a personal injury attorney soon after you sustain an injury caused by another party to ensure the deadlines are met.The personal injury statute of limitations has nothing to do with any reporting requirements set forth by insurance carriers involved in the case. For most personal injury incidents, insurance carriers need to be notified as soon as possible after the injury occurs. Failing to notify insurance carriers in a timely manner could result in the carrier delaying or denying a claim.

How Will COVID-19 Affect My Car Accident Claim in Texas?

The COVID-19 pandemic has affected the way of life for most people throughout the US and in Texas. Car accident cases are no exception. If you or somebody you love has been injured in a car accident caused by the careless or negligent actions of another person, you should be entitled to compensation from the at-fault party’s insurance company. However, claims made during this ongoing global health crisis could look a little different. Here, our car accident attorneys want to discuss how the coronavirus could affect your car accident claim in Texas.

Some People Are Hesitant To Seek Medical Care

The most important thing that anyone can do after a car accident is seek medical attention for their injuries. However, the Coronavirus outbreak has led to many people becoming hesitant to go to the hospital or a doctor's office, either for initial medical emergencies or for follow-up care. While it is understandable that people are nervous about doctor’s offices, they still need to seek medical care after sustaining a car accident injury. Receiving medical care for these injuries is a critical component of getting the compensation you are entitled to after a car accident. If you have any concerns about going to the doctor or the hospital after sustaining a car accident injury, please speak to experienced injury lawyers immediately. In most cases, you will find that medical facilities are taking drastic steps ensure COVID-19 does not spread inside their facilities. The risks of not obtaining medical assistance after car accidents, far outweigh the chances that you will contract COVID-19. When you seek medical treatment, be sure to maintain proper social distancing measures and follow the CDC guidelines, including wearing a mask.

Can You Still File a Personal Injury Claim?

Yes, you can absolutely still file a personal injury claim in Texas after a car accident case. Many courthouses shut their doors to the public at the onset of the Coronavirus pandemic, but the courthouses are beginning to resume normal operations. This may delay personal injury trials, but the reality is that most cases are settled before they go to trial. The most important thing you need to keep in mind is that there is a two-year statute of limitations for Texas personal injury cases. If auto accident victims fail to file their injury claims within this two-year window, they will lose the ability to recover the compensation they deserve. The Texas Supreme Court has entered an order that pushes back the time limits for some lawsuits and other court proceedings, so be sure to speak to your attorney about how this could apply to your personal injury case.

Will You Have Access To Your Attorney?

Nearly all personal injury lawyers, including the team at Mike Love & Associates, LLC, has completely adapted to helping clients during this ongoing global health crisis. Our law firm is fully prepared to offer free consultations remotely so that we can gain a good understanding of how to move forward with your case. We are still conducting complete investigations into car accident cases. While we understand that various business and government office closures could delay investigations and settlement negotiations, we are still going to aggressively pursue full compensation for your claim.