Distracted Driving – Pedestrians Pay the Price
According to the Governor’s Highway Safety Association (GHSA), States reported 2,660 pedestrian fatalities for the first six months of 2016, compared to 2,486 deaths during the same time period in the previous year. Using this data and historic trends, GHSA estimates that there were 5,997 pedestrian fatalities in 2016. Potential factors contributing to this spike include a better economy, an increase in walking as a primary mode of transportation, and distraction due to growing use of smartphone technology.
Bottom Line:
Does the police officer have to do an accident report?
Many times I will have folks come in to my office shortly after a wreck to find out what their rights are. Often, they will have with them very little information about the other party in the wreck and just assume that the police report will have all the information they will need to set up a claim for there damaged car and their injuries.
Experience has taught us that sometimes the police officer doesn’t do a formal report, but simply has the parties exchange information at the scene. So, when does the law require the police officer to do a crash report?
Texas Transportation Code Sec. 550.062 states the following:
Sec. 550.062. OFFICER’S ACCIDENT REPORT. (a) A law enforcement officer who in the regular course of duty investigates a motor vehicle accident shall make a written report of the accident if the accident resulted in injury to or the death of a person or damage to the property of any one person to the apparent extent of $1,000 or more.
(b) The report required by Subsection (a) must be filed with the department not later than the 10th day after the date of the accident.
(c) This section applies without regard to whether the officer investigates the accident at the location of the accident and immediately after the accident or afterwards by interviewing those involved in the accident or witnesses to the accident.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 531, Sec. 3, eff. Sept. 1, 2001.
Upshot: Ask them to do a report, even if you think you are “OK”. It doesn’t take much to have more than $1000 of Property damage of a car in a wreck.
-Gregg O.
Causes of Wrecks in America – Easily Preventable
Results of careless driving, up close and personal………..
According to the National Safety Council, the top 3 causes of collision-related death are easily preventable:
Safety on the Road
- In 2015, more than 38,000 people died in motor vehicle crashes; some of these fatalities involved people who drive for a living. According to Injury Facts 2016, the Council’s annual report on unintentional injuries, the three biggest causes of fatalities on the road include:
- Alcohol (30.8%)
- Speeding (30%)
- Distracted driving (26%)
Bottom Line: Violators of the basic safety rules of driving are a danger to all of us.
Distracted Driving Kills….
According to Distraction.gov, In 2014, 3,179 people were killed, and 431,000 were injured in motor vehicle crashes involving distracted drivers.
We have all seen drivers texting as we are going down the road. Heck, maybe you have done it yourself. But the consequences are get if there is a collision.
If you have young drivers in your home, talk to them about the dangers of distracted driving and ask them to take the pledge against texting and driving. It saves lives………..
Welcome to our new website!
This is our new, (hopefully improved!) website for Oberg Law Office. We specialize in auto collision cases, including claims against drunk drivers, texting drivers, and others who endanger us all by ignoring the safety rules we all must follow to keep the roads safe. If you have been injured by the carelessness of another driver, please give us a call. We are here to help!
What Are the Three Ingredients to a Slip and Fall Case?
A slip and fall injury is composed of three elements: shoes, floor, and person. What does that mean? An accident can be caused by any of these three factors. The victim themselves, the type of shoe that was being worn, and the condition of the floor that the victim was walking on. These three ingredients need to be examined thoroughly with a personal injury lawyer to make sure that none of those ingredients affect a victim’s claim.
Person
Insurance companies aim to show how the victim played a part in their own accident. They either state how the person was negligent by not being careful or how they failed to notice an obvious hazard. Things like disregarding wet floor signs, and running in a store, are reasons to put the blame on the person, rather than the property owner. The credibility of the victim is the most important thing to the jury because more than likely the victim was alone when the incident occurred. If the insurance lawyer is able to ruin the victim’s credibility, then the jury might consider the person responsible for their own injuries. When this occurs, the amount of money that the injured person would receive would not be as much as if they wouldn’t have had any fault in their own accident. This can sometimes be difficult for the insurance lawyers to prove because when someone goes into a store, they shouldn’t have to be looking at the floor at all times because they are there to buy products that are on display, not to worry about falling. It is the duty of the store to maintain the location safe.
Floor
This ingredient must be evaluated to the fullest extent. Thoroughly examining the surface where the accident took place is vital for the achievement of a solid personal injury case. There are some surfaces that are safe but when they encounter some sort of liquid, they become extremely slippery, while there are other surfaces that lack good traction. Property owners should be aware of these hazards and take the necessary steps to fix the issue. Fixing the hazard can be as simple as using the correct traction paint on the floor. Gathering evidence on the floor where the accident took place can be very valuable for a case. Things like testing the floor where the accident took place and giving those results to the court can help the victim’s case. The victim must perform the test under the same circumstances that their accident occurred.
The insurance company will try to counter the claim by expressing how the victim should have been careful and moved away from whatever hazard was seen on the floor. There are some spills that are not as visible as others. For example, when a floor is white, a spill of milk might not be able to be seen by a person, in contrast to a spill of coffee. The color of the floor would also be relevant in this case.
Footwear
The term “where the rubber meets the road” takes place in many slip and fall cases. When a shoe is not defective, it should enable the person to be comfortable with every step they take while maintaining their balance. The shoe should have adequate traction on normal surfaces. When a surface is slippery, then it is understandable that a person may slip if their shoes were not made to be slip-resistant. Every shoe is different in regards to their stability and grip. When comparing running shoes against a stiletto, the obvious more stable shoe would be the running footwear. Regardless of which shoe is being used, the footwear must provide safety for regular surfaces like carpets or well-maintained surfaces.
Miami Highly Trained Slip and Fall Attorneys
If a victim has suffered a grave accident resulting in injuries, they must seek the legal assistance of a skillful slip and fall attorney Miami, fl from Percy Martinez Law Firm.
