Attorneys Blog

While it is common knowledge that alcohol and speeding are frequent causes of accidents, another type of danger to be wary of on the road is the inattentive or distracted driver. Whether talking to a passenger, using a cell phone, changing the radio or eating, a distracted driver will most likely be unable to react properly to a given situation. A sudden stop, an adjacent accident or even an animal crossing the road, while normally avoidable, could lead to serious injury or even death as a direct result of an inattentive driver’s negligence. The National Highway Traffic Safety Administration (NHTSA) estimates that at least 25% of reported accidents result from some form of driver inattention. This means that inattentive or distracted drivers are responsible for more than 1.5 million collisions per year!

Driver distraction is a form of inattention caused by some triggering event that redirects the driver’s attention away from the road to something either inside or outside of the vehicle. This triggering event is what distinguishes a distracted driver from one who is merely inattentive or not paying attention. A distraction can visually, mentally or even manually distract you by causing you to temporarily remove your hands from the steering wheel. For example, eating would be considered a manual and visual distraction while text messaging would be considered a complete manual, visual and cognitive distraction because a person sending a text must utilize their hands, eyes and mind in order to do so. Text messaging is considered one of the newest and most dangerous distractions to come along so far. According to the USA Today, the use of text messaging in the United States increased dramatically. These numbers have continued to rise exponentially every year. Statistically, text messaging tends to be most popular among young people. Young drivers, between 16 and 24 years of age, are often the worst offenders when it comes to driving while texting, or DWT as it has come to be called. In fact, a researcher from the University of Utah reported that a staggering 70% of minors surveyed admitted to texting while driving.

According to the Network of Employers for Traffic Safety (NETS), a Washington D.C. based group, found that 94% of all drivers admitted to engaging in activity that could have potentially been distracting; including interacting with passengers, talking on a cell phone and changing the radio station. Further, this distracted driver phenomenon extends not only to private individuals but to drivers of commercial or work vehicles. NETS conducted a phone survey that indicated 39% of all engagement in potentially distracting behavior took place while the drivers were on the job. Generally, whether texting or talking, cell phone use while driving is a very common cause of accidents. According to a Harvard study, cell phone users are nearly 5 times more likely to be involved in car accidents than those who did not use the device.

In conclusion, it is important to avoid distractions whenever possible. Always maintain focus and pay undivided attention to the road. Avoid interacting with passengers, keep your eyes on the road and keep both hands on the wheel. In addition, do not drive while tired, upset or intoxicated in any way. If you or someone you love has been injured in an auto accident, contact our experienced Houston car accident lawyers for a free consultation by phone. Our trial attorneys look forward to aggressively representing you in your auto accident claim.

Premises liability claims are typically filed as a result of someone being injured while on another person’s property. By law it is up to the property owner or tenant to be sure that conditions are safe on their premises before inviting one onto their property. One of the most popular problems seen in premises liability claims are slips and falls. This can be as a result of ice which has accumulated on the steps, uneven floorboards, or even because of something which has been left lying in a dangerous spot. In addition, other hazards such as faulty gas lines which end in an explosion or fire and a number of other things can happen while you are visiting the home or business of a person or organization.
There may be some situations that could be deemed truly accidental and no fault found. The only way to know if this is the case is to contact a good personal injury attorney and go over the facts and documentation of the case. For example, each state and jurisdiction has a different set of laws regarding premises liability claims. Without a lawyer who knows the law and can help you determine whether or not you have a strong case, you will be left guessing and not having a clue as to what your rights are.
Generally speaking, the law states that a person must be on the premises with the permission and knowledge of the property owner, such as in the case of an invitee or licensee, in order to file a claim. However, a person who has illegally trespassed on the property and incurred injuries may not have a case for compensation. With that being said there are also stipulations and exceptions even with trespassers. For instance, in situations in which the owner might have had previous knowledge that trespassers could easily enter their property, or who have had the occasion of trespassers more than once, there may be a chance for compensation.
Each case is different and that is why it is important to seek legal advice from a team of attorneys who deal with this sort of thing on a daily basis. We at our law firm believe that we are more than capable of handling any case involving premises liability claims. Call us today to set up a consultation with one of our attorneys if you or someone you loved have been hurt while on someone else’s property.

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