Archive for January, 2012

Driving a Big Rig While Watching TV Proves to be Perilous

Tuesday, January 31st, 2012

Truth is indeed stranger than fiction in this reported case, where a trucker was pulled over for watching TV while driving.

It is bad enough out there on the highways when you are traveling at high speeds, and your travel companions on the roadways are 18-wheelers as those larger than life monsters can cause horrific accidents. More often than not, the cause of a wreck with a big rig is driver error. This is not to say that mechanical failure cannot be a cause, because that happens as well. It is just that human error is more likely the cause of a wreck.

Take the case of the trucker who bent down to pick some papers up off the floor of the cab, while he was driving, and slammed into a line of cars waiting at a construction stop. The wreckage in that fiasco was strewn more 100 yards. There were three deaths and at least seven other people seriously injured.

Or consider the case of the man who drove himself to complete exhaustion to get his routes done on time and earn more money. One day while on the way to deliver a load of metal, he fell asleep at the wheel and drifted into the oncoming lane of traffic. The Jeep Cherokee he hit was completely obliterated, killing all four occupants in the vehicle.

Then there was the case that was just about a wreck, but not completely. The reason why the accident almost happened will shock you, but it should almost not come as a surprise as truckers seem to be taking more and more stupid risks these days while behind the wheel. In this case, police charged a trucker with watching TV while he was driving on one of the nation’s busiest highways.

Another driver on the same highway called police to let them know he was sure he had seen a TV mounted on the dashboard of a tractor-trailer barrelling down the highway. Sure enough, when the police caught up with the trucker, he had a portable DVD player on the dash. Can you just imagine what would have happened, if not on that trip, but on another one? You can be sure that driving while distracted will result in a collision. When you are piloting a big rig, paying attention to the road and everything else around you is important.

Why truckers seem to think they can drive a deadly machine while on booze, high on pills, or texting, watching TV or while sleep deprived is the million dollar question of the year. Sure, it is a job for them and they need to make money. However, while trying to make money, they may end up losing everything, including their lives, by driving while distracted or under the influence.

Have you been in an accident with a big rig? Don’t know what to do? Call an Austin personal injury lawyer right away. In these kinds of cases, time is of the essence to preserve vital evidence. These cases are never easy for anyone, and your Austin personal injury lawyer will get on it right away, assess the situation and discuss his recommendations with you.

Robert W. Lee is an Austin personal injury lawyer for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

Police Nabbed This Drunk Driver Before He Had the Chance to Kill Two Children

Thursday, January 26th, 2012

Sometimes, the stars all align and bring good luck. Thankfully the cops caught this driver before he killed two kids.

Sometimes, fate plays a hand in someone’s life, or in the lives of many. That is what happened in this case. Forty-three year old John Doe (name changed to protect the kids), was going down the road when he was pulled over by state troopers. They initially noted he was not wearing a seatbelt.

When they were talking to him, they caught the very strong smell of alcohol from inside the truck and noticed that there were two kids in the truck with him, ages 13 and 10. The driver miserably failed the field sobriety test and was arrested, bundled into a police car and taken to state police barracks. His blood alcohol content was .17, which is more than twice the legal limit. The man was promptly charged with felony driving while intoxicated, because he had children in his vehicle.

What possesses people to drive while drunk? What makes them think they are immortal and invisible to law enforcement while they are trying to pretend they can drive? What on earth propels them to take children along for the ride, when there is the very real possibility the kids could be killed in an accident? There is an old saying, “You can’t fix stupid.”
Stupid decisions aside, this man could have wrecked a lot of havoc on someone, including himself, had the police not stopped him for what they thought might be a seat belt infraction. Somewhere those children’s guardian angels were working overtime.

If this man had been involved in an accident and harmed or killed someone, including the two children, he could be sued for wrongful death or personal injuries. To prove a personal injury case or a wrongful death case, there needs to be negligence involved. In this instance, the negligence is two-fold: drinking excessively and choosing to drive. The link to prove the case is made between the negligence being the direct cause of the accident and thus the cause of the injuries or death.

When someone is killed due to the negligence of another, the surviving relatives may file a wrongful death lawsuit. This suit would seek compensation from the person responsible for the death or injuries. Damages may include medical bills, lost wages, loss of future earnings, loss of companionship, funeral and burial expenses and may also include punitive damages that are often awarded for egregious, intentional acts.

When you speak to an experienced Austin personal injury lawyer about a wrongful death case, one of the things discussed is limits on damages in a personal injury case. Some states place limits on compensatory or punitive damages. You need to know how that may work in your situation and how your Austin personal injury lawyer can help you find justice.

Robert W. Lee is an Austin personal injury lawyer for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

One Dead and Three Injured as a Result of Speeding Drunk Driver

Friday, January 20th, 2012

When you are drunk, you do not always realize what color the traffic lights are, or just do not care. With recklessness like that, often death ensues.

And death came calling in this case when a drunk driver sped right through a red light, slamming into a 2004 silver Pontiac. The drunk was driving a 2011 black Hyundai that looked amazingly small and insignificant in the aftermath of the wreck. It was almost hard to believe that it caused the damage it did, although at the speed the driver was doing, perhaps it was not so unusual.

The force of the impact caved in the driver’s side of the Pontiac; an impact that shoved both vehicles at least 150 feet or more from the center of the intersection. The Pontiac driver was dead at the scene. The Hyundai driver would be charged with speeding and driving while under the influence. Wrongful death? Yes. Criminal charges? Yes.

In this instance, the criminal charges would take precedence over the civil suit, which is not to say that a civil suit could not be filed and go to court after the criminal case. You just need to keep in mind that the way a case is proved in civil court is different than in a criminal court. In criminal cases, proof must be beyond a reasonable doubt, in civil cases it is judged on a balance of probabilities.

It is highly likely that the victim’s family would want to discuss the situation with a competent personal injury lawyer. No one should face something like this wreck alone and wondering how they will carry on with their lives.

If you have been in a collision like this, involving a drunk driver or a reckless one, and have sustained serious injuries, you will want to make contact with an Austin personal injury lawyer. Find out right away what your legal rights are, how to file a case, what to expect when you move forward and what your Austin personal injury lawyer does to protect your rights. It is a call well worth making.

Do not wait to contact an experienced lawyer, as there is something called the statue of limitations that, if you miss filing your claim in time, means that you no longer have the right to file a case against the defendant. If you have suffered serious, debilitating injuries, you will need compensation to care for yourself for the rest of your life.

Do not rely on insurance companies to help you settle a claim. Their only reason for talking to you is to get you to settle quickly and cheaply. More often than not, your injuries are worth more than an insurance company will admit. When an experienced lawyer handles the insurance company you do not get worked over.

Robert W. Lee is an Austin personal injury lawyer for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

Located in Austin, Texas, The Lee Law Firm represents clients throughout Central Texas and the Rio Grande Valley, including the cities of Austin, Round Rock, Cedar Park, Georgetown, Temple, Waco, Bryan, Houston, Conroe, Baytown, Galveston, Beaumont, Port Arthur, San Antonio, Kerrville, New Braunfels, Seguin, San Marcos, San Angelo, Abilene, Laredo, Corpus Christi, McAllen and Harlingen, as well as Williamson County, Travis County and Hays County. Sitemap
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