Distracted Driving is Deadly – Don’t Risk It

In 2022 distracted driving claimed the lives of 3,308 people.  That’s about 7.7% of traffic fatalities and comes to about 9 people who die, needlessly, every single day.

Many of those who perished were teenagers, still learning how to drive, still navigating life, and still discovering who they were.  Today, the Car Crash Captain is looking at some of the ways you can encourage your young driver to stay focused on the road, and not focused on the distractions.

What is Distracted Driving?

Most often we associate distracted driving as messing around on a phone, sending messages, while trying to drive.  That’s one of the biggest distractions, but this actually encompasses anything that takes your eyes off the road.  From phones, to the radio, to reading a newspaper, to eating or drinking, or even chatting with other people in the car.

How Can We Encourage Teens to Drive Distraction Free?

When it comes down to it, we hope they make the right choice.  We can encourage them to do the right thing, and once they’re out the door the knowledge we have imparted will echo in their ears.

Talk to Them – First and foremost, let them know the real dangers of distracted driving.  They might shrug it off at first claiming they never use their phone while driving.  But they should know that there are other distractions.  Emphasize the fact that it won’t take long to get to their destination, so just keep focused on the road until arrival.

Show Them – Set a good example.  If you’re using your phone, then trying to tell them not to use their phones, it’s going to be an uphill battle.  When you’re driving together, show that you focus ONLY on the road, and you don’t even mess with the radio unless you’re at a complete stop.

Encourage Them – When you see them do the right thing, send praises their way.  If their phone rings while driving, and they ignore it, tell them you’re proud of them.  You can even go as far as setting a reward system.  If they don’t pick up their phone while driving, or otherwise stay focused on the road, treat them to ice cream, or a dinner out.

Punish Them – Rewards and encouragement work well, but so do punishments.  Be firm with consequences.  If they’re ignoring safety, take away the phone, restrict their driving privileges, cut out other privileges.  They will certainly hate you for now, but over time, they’ll realize that you are hoping for their safety.

There are a number of apps that help reduce the use of phones while driving – the iPhone actually has a built in Do-Not-Disturb feature that automatically turns on if it detects movement at speeds similar to driving.  You can even create your own “best practices” like putting the phone in the glove box while driving, or not allowing the teen to drive with passengers in the vehicle until they have a year of experience.

Herbert Law Group is Your Source for Justice

Suppose you, or your teen, are following all the safe driving protocols, and another distracted driver hits you.  What do you do?

If you’re injured, do you hope that the insurance company is going to help pay for everything, and you will have no issues collecting a settlement?  Or do you think you’ll end up fighting with them for months as they hem and haw over what actually happened?

If this is the case, you need Herbert Law Group.  We know how to deal with insurance companies, and we’re ready to go to court to fight for your justice.  You don’t have to worry about a thing, we’ll handle the troublesome insurance companies so you receive a settlement that’s in your best interest.

Let’s get started with a free phone conversation.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.

Motorcycles Have to be Extra Vigilant

When you’re on a motorcycle, there are times when you’re put in harm’s way simply because you’re on a motorcycle.  Road hazards that may not be a big deal to a car or truck, can turn deadly quickly for those riding on two wheels.

Today, the Car Crash Captain is looking at some of those road hazards, and seeing who ultimately could be liable if you’re injured in a crash due to one of them.

1 – Uneven Pavement or Potholes

Local governments are largely responsible for maintaining the roads.  When the roads are neglected, and damage is done to a vehicle or injury to a rider, they can be held liable.  Hitting a pothole can blow out tires and throw a rider from his or her motorcycle.

The problems come up with proving negligence.  With hundreds, or even thousands, of miles of roadway to maintain, it may be difficult to prove that the government had notice of the hazard and failed to act accordingly.

2 – Gravel and Debris

Gravel and other debris get onto the roads quite often.  From construction zones, to truck spills, to poorly maintained roads that are literally crumbling away, that debris becomes road hazards that cause motorists to lose control of their vehicles, and can cause motorcyclists to crash and be injured.

Property owners or construction companies can be held liable if their debris led to an accident.  That includes property owners who blow fallen leaves into the street instead of disposing of them properly – protect yourself from a lawsuit by maintaining your property instead of pushing it into the street and making it someone else’s problem.

3 – Improper Drainage

Most streets have storm drains.  After a heavy deluge, the water heads into the drains and is whisked away to nearby rivers.  They are generally fast and effective means of removing the water from the roads, and eliminating potential risks.

But they’re not always as effective as they should be.  Sometimes they get clogged with debris and aren’t cleared in time.  Sometimes the roads are improperly designed and they don’t drain as they should.  Large puddles are road hazards and can lead to hydroplaning and wrecks.  The municipality in charge of maintaining the road, or the construction company that built the road, could be at fault here.

4 – Overgrown Vegetation

Vegetation can block views, traffic signs, signals, and more.  It can become a problem for motorists and those riding motorcycles.

If growing on private property, the property owner is responsible to trim their trees and shrubberies so vehicles have a clean line of site.  If this isn’t done, the liability for an ensuing accident could lie, at least partially, on them.

5 – Construction Zones

Construction is essential to ensure the roads don’t become dilapidated and lead to wrecks mentioned earlier due to potholes.  And as much as it’s frustrating to deal with construction, it’s something we have to put up with so we have good roads.

It is to be expected that there are some hazards in the construction zone.  However, the company doing the work is responsible to ensure motorists know about those road hazards – such as loose gravel, abrupt drop-offs, entering equipment, and more.  If they don’t warn motorists, they can be held liable for a wreck that ensues.

Herbert Law Group Motorcycle Accident Victims

Road hazards will always be there.  Ideally, they’re handled in a fast and effective manner, but things are overlooked.

If you’re a rider, and you’ve been injured in a crash due to road hazards, it’s important that you speak with an attorney from Herbert Law Group right away.  We can help you find justice so you can focus on healing from your injuries.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you.

How to Avoid a Collision with a Wide Turning Truck

Because of their sheer size, trucks aren’t able to make turns as easily as passenger vehicles.  You have probably been at an intersection that gets congested because of the need to swing wide – often because an unknowing motorist ends up in the truck’s way causing them to stop until things can get cleared up a little bit.

It’s a common issue, but it can also lead to dangerous wrecks if the truck driver, or the motorist, lacks experience.  Today, the Car Crash Captain takes a look at what these wide turning trucks can do, and how we can all stay safer on the roads.

What Happens when a Truck Turns?

Wide turning trucks often cause issues on older and narrower streets.  Because they’re hauling a trailer that makes the overall vehicle around 72 feet long, they can’t just pop into any old turn like we can in our little four-wheel rigs.

Right hand or left hand means they have to adjust the approach, or the final aspect of their turn – it often means they’re crossing into another lane to do so.  Inexperienced truck drivers or inattentive and inexperienced motorists may not recognize the turn, or be able to indicate their intent, and a wreck can occur.

Due to the size of the truck and the inability to see in large blind spots, these wrecks can be devastating, even at slow speeds.

What’s a Squeeze-Play Turn?

One of the more common wrecks is known as the squeeze-play turn.

Suppose a truck rolls on up and wants to make a right-hand turn.  But they can’t just turn right, or they’ll be hopping up and over the curb; maybe knocking over a light pole.  There’s traffic coming from their right, so they can’t swing wide into the oncoming lane as they complete the turn.

To help them around the corner, they often turn left, then swing it back to the right.  Doing so can cause the turn signal to turn off, and a motorist behind them sees the truck start to the left and they assume they’re making a left-handed turn; so, they pass on the right.

The truck then swings back to the right, and the motorist, especially if they’re in a small car, can get caught underneath the truck’s trailer.

Who is at Fault in these Wrecks?

It can go either way in these accidents.  In the aforementioned squeeze-play, it’s likely that the motorist would be at fault.  But what if the truck driver truly did signal “left” on accident?  A dash cam is incredibly handy in that situation.

In other situations, it all boils down to if the trucker was acting negligently, or doing his or her best given the roads they’re required to drive on.  Was the motorist in the wrong place, or was the truck driver impeding their travel?

Why You Need a Truck Accident Lawyer

If you were in a wreck with a big rig, then you need a lawyer to help you out.  Most trucking companies have lawyers on their side, and as soon as there is a wreck they’ll be making calls to insurance companies and legal representation.

The insurance companies will come out and assess what happened, and they’ll work their tail off to make sure the truck driver wasn’t at fault, or at least to show you’re partially at fault.  You need your own legal team to help ensure you’re not trampled legally, and you find justice.

Herbert Law Group is on Your Side

Herbert Law Group is all about ensuring your justice.

We know how to handle insurance companies, we know how to look at these wrecks, and we know how to show that you are an innocent victim.

Wide turning trucks can cause issues, but no matter how your accident happened, let’s talk about it and see how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you for your free initial consultation.

Reckless Driving Leads to Big Problems

When you hit the road, you’re expected to drive in a safe and predictable manner.  Most traffic infractions have specific definitions.  If you exceed the speed limit, run a stop sign or red light, change lanes without signaling; these are all pretty straightforward.  Reckless driving, on the other hand, doesn’t have such a clear cut definition.  There’s not really one infraction on its own that constitutes reckless driving, and can often be left open to interpretation by the officer writing you the ticket.  The Car Crash Captain looks into it to see what we should know about reckless driving, and how to operate safely on Texas roads.

What is the Definition of Reckless Driving?

Texas law, section 545.401 defines reckless driving like this: A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.

Because motor vehicle laws are tied to the infraction, reckless driving is a bit of a catch-all for someone who’s breaking multiple laws.  For example, a motorist runs a stop sign, speeds, and swerves between lanes could be written up for each of those, but without fully seeing and being able to tally each infraction it’s easier to write a ticket under reckless driving.

Reckless driving is a misdemeanor, but it can be elevated to a felony in certain situations.

What are the Consequences of Reckless Driving?

There are a lot of rumors out there about how reckless driving affects you and your insurance rates.  Some saying it’s just as bad as getting a DUI.  Let’s set that straight:

Most of the time, reckless driving is a lesser offense than DUI.

Because reckless has such a wide range of actions that lead up to it, it can end up being worse if it leads to something more.

Someone who is driving recklessly and is pulled over, might get off with a traffic ticket and a mandatory court date.  Someone else who is driving recklessly and tries to elude the police, may end up being taken into custody.

The big difference is someone who is willfully trying to escape, versus, let’s say a teenage driving making foolish decisions.

A driver who crashes because of their reckless driving will have more consequences than one who doesn’t; a crash that kills someone will result in even more severe penalties.

Texas law allows a person convicted of reckless driving to be fined up to $200, and put in jail for up to 30 day.

The bottom line is that be safe, don’t make stupid decisions; you don’t want a reckless driving ticket on your record.

How Reckless Driving Leads to Wrecks

The big problem is that most people are at least decent drivers.  Naturally, everyone thinks they are great drivers, but for the vast majority of those on the road, they’re pretty much just average.

It’s the handful of people who make bad decisions that cause problems for those who are just going about their business.

Most wrecks are caused by reckless drivers (not to be confused with wreckless drivers which would be drivers who don’t get in wrecks) – from not paying attention, to speeding, to running lights or signs, to driving under the influence (driving while intoxicated is considered to be a reckless act).

You can be the innocent victim of someone else acting as a bad driver.

Herbert Law Group Helps Accident Victims

If you’re injured in a wreck because someone else made bad choices, then we should talk.

You have rights as a victim, and most insurance companies aren’t going to respect your rights.  Your settlement offers will likely be too low, your healing process will be dragged on, and in the end you lose out.

But when you have a Texas car wreck lawyer from Herbert Law Group on your side, you can find justice.

Let’s chat about what happened.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to determine how we can help.

Why is Texas Deadlier than Other States?

Hopping on your motorcycle and feeling the wind in your air… that’s why people ride.  It’s invigorating, freeing, and many bikes get much better gas mileage than their four wheel counterparts.

But that excitement doesn’t come without its risks.  We don’t have to tell you that riding a motorcycle is more dangerous than driving a car.  Besides the obvious (the lack of protection from the car body) what leads to the higher number of fatal motorcycle accidents in Texas?

Contributing Factors to Fatal Motorcycle Accidents

According to the 2017 data from the NHTSA Texas had a total of 490 fatal motorcycle accidents that year.  That’s around 9.4% of the total deaths for the entire US (which, if you compare population for Texas vs. the USA, Texas has about 8.8% of the population).

So, what contributed to those fatal accidents?  There are a few categories we should look at.

Speed – They say that speed kills.  When you’re in the open air, it happens more often.  Among fatal car crashes, 18% were caused by excessive speed (nationwide).  But when you look at fatal motorcycle accidents, speed was a factor in 32% of those wrecks.

Alcohol – Alcohol use while driving has gone down in recent years, but it’s still a significant factor.  35% of fatal motorcycle accidents were discovered to have at least some alcohol in their system (with 28% of that 35% being over the legal limit).

Helmet Usage – If you’re over the age of 21, you aren’t required to wear a helmet when riding in Texas (with proper certification).  But, it seems that most people do.  Roughly half of the fatal motorcycle accidents occurred when the rider was wearing a helmet.  Compare that to states where no helmet laws are in place, and the un-helmeted fatalities are closer to 70% of the total.

Population – Higher population states naturally have a higher number of fatal motorcycle accidents.  But that’s not always a factor.  If you look at Florida (population 21.5 million), they had the majority of the fatal motorcycle accidents despite a lower population than many other states.

Texas has a large population.  So, the number of fatal wrecks is going to be higher.  But if everyone that rides practiced safer riding (and wear a helmet), and all other vehicles do their diligence to watch out for those on bikes, that number can continue to go down.

Herbert & Eberstein Help with your Texas Motorcycle Accidents

Until we live in a perfect world, there will always be accidents.  Some of them will result in injury, and some will be fatal.  Compound the matter with insurance companies that want to pay you a tiny settlement that doesn’t compensate you, and these things are tough to recover from.

That’s where Zach Herbert and Brian Eberstein come into play.  With plenty of experience and deep knowledge of Texas motorcycle law, you can focus on healing or grieving, and we will handle the insurance companies.

Fill out the contact form, or give us a call at 214-414-3808, and let’s have a conversation about what happened to see if we’re able to help with your case.