Wednesday, September 21, 2016

Distracted Driving

Texting while driving is distracted driving. In an article entitled “Police Losing Battle to Get Drivers to Put Down Their Phones” the New York Times published that according to the National Highway Traffic Safety Administration, almost 3,500 people died in crashes involving distracted drivers in the United States and Puerto Rico in 2015. The agency estimated that 431,000 people were injured in distracted driving crashes the year before. The number of deaths reported as a direct cause of cell phone distraction in 2015 was 476.

Driving blindfolded

According to the Virginia Tech Traffic Institute, a driver’s eyes are away from the road for an average of five seconds while texting. That’s enough time to cover a football field at 55 mph with your eyes closed. What comes to issue is the fact that accidents involving injuries or deaths due to cell phone use are incredibly unreported. That’s because police are required to rely on a driver’s denial of cellphone use after an accident.

Enter the Textalyzer

Lawmakers in both New York and Texas have proposed providing police with the Textalyzer device that searches a suspect’s phone for activity immediately before a crash. Both legislatures are trying to work through the legal objections to the device.

Enforcement or public awareness?

Louisiana is an example of a state that has raised its texting while driving fine to $500 for a first offense. Other states like New York assess points against a driver’s license. The Harvard School of Public Health is working on a public awareness campaign against distracted driving that’s much like the successful designated driver campaign to deter drunk driving.

Legislatures and law enforcement aren’t making much progress in their campaigns against distracted drivers.Your business or personal life can be put on hold by ignoring these facts. Also be conscious about the people around you on the road, they deserve that. If you or somebody close to you was hurt by a distracted driver, call an Austin car wreck attorney from Terry & Kelly at 512-900-9000.



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Thursday, September 8, 2016

Tips For Driving In The Rain In Austin

Driving in the rain is a necessary skill for Austinites, especially these last 2 years that we’ve gotten heavy rain for extended periods. Have you observed all the accidents on the freeways in Austin during storms?

People simply do not know how to drive in inclement weather. Here are some ways for you to perfect your driving when it’s pouring outside.

Always Turn on Your Headlights
Even if it is in the middle of the afternoon, be sure to turn on your headlights. When your wipers are going, your headlights should be on. The lights do little for you, but they make you visible to other drivers. This is especially helpful when the rain is coming down in buckets.

Reduce Your Speed
Sure, you are in a hurry to get to work or wherever else you need to go, but nothing is more important than your life. To drive in the rain, reduce your speed by about 5-10 miles per hour. Since your response times will be slower on slick surfaces, you need to give yourself a few second advantage. If someone in front of you slams on their brakes, you will be glad you had the extra time.

Make Sure Your Wipers Are Replaced Often
While the weather is mostly sunshine and fair skies in Austin, there are always those rainy days. You need to make sure that your wipers can handle whatever Mother Nature throws their way. A fresh wiper will keep the windshield clean, thus increasing your visibility. Poor wipers can contribute to an accident.

Pull Off During Downpours
There are points of time during any storm where driving is no longer safe. Pull your vehicle to the side of the road and wait for the downpour to pass. Driving in rain showers is one thing, but when it is impossible to see, you are better off on the side of the road.

Pass As Little As Possible
While most people love to pass to get around slower cars while it’s raining terribly, attempt to stay where you are. Most accidents in the rain occur from people speeding up and trying to pass. Poor visibility makes passing dangerous. While you will need to pass at some points, slow down and concentrate on the road/weather.

If you are one of the unfortunate ones who has been in a car accident, you need to call us at Terry & Kelly PLLC. We want to help you get through this difficult time. Call today for a free consultation.



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Thursday, September 1, 2016

A Drunk Driver Totaled my Car

In the United States, there are over 121 million self-reported incidents of alcohol-impaired driving among adults in the United States, according to the U.S. Centers for disease control and prevention. And over 1 million people are arrested in the country each year for driving under the influence of alcohol. These kind of accidents are unfortunately a fairly common occurrence across the country and especially in Austin .

So what can you do if you’re hit by a drunk driver?

If you’ve hit by a drunk driver you’re well within your legal rights to sue the individual who hit you. With the help of an experienced lawyer, you have the ability to sue the intoxicated driver and obtain the compensation to which you are entitled.

Dealing with an Insurance Company

Directly after a collision caused by a drunk driver, you will find yourself dealing with an insurance company. Filing and successfully pursuing an insurance claim as a result of an accident with a drunk driver is challenging. This is an area in which an experienced Austin car accident lawyer can provide you invaluable assistance.

Compensation for Losses

You likely are entitled to different types of compensation for losses sustained because of a collision caused by a drunk driver. These include compensation for your totaled vehicle. In addition, you may be entitled to compensation for medical bills, pain and suffering and lost wages. Compensation may include not only current but future losses reasonably expected to be incurred as well.

Retain an Experienced Austin Car Accident Lawyer

If you have suffered injuries and property damage because of a drunk driver, you need an attorney that will fight for your rights against an insurance company and in court. The legal team at Terry & Kelly PLLC stands ready to assist you. Call Terry & Kelly PLLC today at 512-900-9000 to schedule an initial consultation. There is no charge for an initial consultation about your case. In fact, Terry & Kelly PLLC does not charge you a fee unless the firm obtains a favorable settlement of judgment in your case.



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A Car Hit My House

It sounds random or perhaps even absurd, but motor vehicles wrecking into homes is more common than most people realize. In fact, a home in Raleigh, NC has been hit by a car a total of 6 times. Shockingly, motor vehicles hitting homes accounts for 5% off all home insurance claims.

So while it’s not as common as a fender bender, it’s still very important to understand the legal aspects of the situation should you ever find yourself in these unfortunate circumstances.

The first thing to do is to call 911 to report the accident. There’s a sense of urgency here because as with any motor and while you have the operator on the phone, the very first thing that you should do is call the police to help you document the incident. Don’t fixate yourself on having the cop determine who’s at fault because it’s more important that the officer documents the accident accurately than anything else. These documents can be used later by your Austin car accident lawyer and insurance.

Once the police have documented the accident, the next thing you should do is call an attorney to represent you with your insurance claim. Insurance companies, even yours, may try to lowball the value of your property and the entire estimate of the damages. An experienced Austin car accident lawyer will ensure that this doesn’t happen, especially if it goes to court. You do not want to waste time at court, and fight for an amount that will not cover your damages.

A good lawyer will not only take the individual to court for damages to your home but also any costs that you incurred as a result of the accident such as you having to stay in a hotel while your home is being repaired or having to order out more often. If you ever find yourself in this type of scenario, call Terry & Kelly PLLC. We are experienced in recovering damages for our clients.



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Friday, August 19, 2016

Austin, Texas $720 Million transportation bond will go before voters Nov. 8

Austin, TX. – The city council, after four hours of deliberation, have decided 8-3 to approve a $720 million transportation bond proposal for the November ballot. The proposal comes from Austin mayor, Steven Adler. The “mobility bond”, if approved, will work to restore many busy and congested roadways ((Airport, North and South Lamar, Burnet Road, Riverside, Guadalupe, and FM 969), as well as local sidewalks, bike trails and such.
The congestion and lack of accessibility on these roads has lead to countless accidents, leaving many individuals looking for an Austin Personal Injury Attorney. City transportation buses must stop in the busy traffic, halting all cars in the outside lines, only adding to the chaos.
The cost of this bond will be paid by “a slight increase” in property tax per year, equating to approximately $60 per homeowner. If approved a general obligation bond will be from the city’s $500 million bond capacity under the existing debt tax rate, and will cover $250 million of the $720 million price tag. The remaining $470 million will come from a debt tax rate increase of approximately two and a half cents per $100 of appraised value.
$482 million will be dedicated to the “corridors” specifically, including, creating pull out lanes for city buses to allow for loading/unloading without stopping traffic. “I would like us to change how Austin measures success when it comes to affordability. And to do that, we need a new vision for reducing traffic congestion that increases housing density along traffic corridors,” said Mayor Adler. “If we’re going to be a better city, Austin needs to be a smarter city.”
The council must make the final decision regarding the ballot by August. Yet there are no scheduled meetings in July. Make your voice heard and cast your vote. Brought to you by Terry & Kelly, PLLC Austin personal injury attorney.



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Austin Police Increase Patrol to Fight Drunk Boating

Austin boating accident attorneys know a thing or two about boating safety. They also know the laws regarding operating a boat after drinking.

Austin police and Texas game wardens have stepped up their patrols on the water in response to a dramatic increase in injuries and deaths on area lakes due to boating under the influence of alcohol. “Operation Dry Water” was launched as a nationwide initiative in 2009 and has seen a 3% decline in deaths on the nation’s waters.

Last year, Austin police saw a decline in BWI arrests as the boating season went on. This is attributed to boaters noticing the increased patrols and arrests. Although BWI carries the same penalties as DWI, boating accidents can be much more dangerous, according to Austin Police Sergeant Glen Kreger. This is because boats are not built to handle impact and do not have safety features such as air bags and seat belts. Landing in water with an injury can be far more serious than being ejected from a car and landing on pavement.

Austin boating accident attorneys have seen some serious injuries that have occurred on the water. Not all boating injuries are caused by alcohol consumption on the water. Many accidents are caused by inexperienced operators. Many injuries and deaths could have been prevented by the use of safety gear and common sense safety practices. Do not operate a boat after drinking. Learn boating laws. Be sure everyone who will be on the boat knows how to swim. Make sure everyone on the boat is wearing a personal life vest rated for their size. And if you need a boating attorney, it is imperative that you contact Terry & Kelly, PLLC immediately. When an accident occurs, time is of the essence. Delay can cost you thousands.



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DWI Arrests Increase After Uber/Lyft Leave Austin

From May 9th to May 31st of this year, Austin experienced an astounding 7.5% increase in the rates of arrest for drunk driving, which meant an increase in accidents. Those were also the dates of Uber and Lyft’s withdrawal of business from that city after Proposition 1 was passed by the city council, discouraging business from Transportation Network Companies (TNCs)and leaving those who were potential patrons staggering in the streets without options.

Thankfully the market has responded with several alternatives to Uber and Lyft, including Fare, another ridesharing service, Fasten, which boasts its policy of charging by the mile and the minute and nothing else, and Get Me, which is not only a ridesharing company but also a delivery service. That response proved too little too late, however, as the gap in available services in the city of Austin put too many drunk drivers back on the road and left a lot of people with no choice but to call an Austin car accident attorney.

There’s no need for the people of Austin to be left helpless and confused by these changes any longer. If you have suffered as so many other residents of Austin have from an accident on the road, whether you were behind the wheel or a passenger, it is imperative that you contact a car accident attorney in Austin to protect your rights. If you are in need of a helping hand after your car incident, Terry & Kelly, PLLC, are lawyers for Texans just like you.



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