How to Choose A Truck Accident Attorney

Motor vehicle accidents involving trucks are usually more complicated than other car accidents. Because truckers are often on the job when the accident happens, you may have a claim against both the driver and their employer, which is why it’s important to choose the right truck accident attorney for your case. Here are a few factors to consider before hiring a truck accident lawyer.

• Experience – When choosing a truck accident attorney, it is crucial to find a lawyer who has experience with truck accident litigation and personal injury cases. Experienced attorneys will know what is needed to file a successful claim and will prevent you from being bullied by unfair insurance settlement tactics.
• Focus – Using an attorney who focuses on truck accidents and personal injury law is important. Attorneys who practice heavily in these areas will be able to devote their time and attention to your case in a more efficient manner than other attorneys who practice in all areas of law and their experience is often much more extensive.
• Personal Outreach – Look for an attorney who is willing to reach out to you and take the time to work with you directly. Many attorneys and law firms never take the time to get to know their clients and understand their situations.
• Expert Help – Truck accident litigation often requires the assistance of experts who can help prove the legal elements required for a successful claim. An experienced Austin Truck Accident Attorney will be able to identify the types of experts that are needed and will hire the experts needed for your case.
• Testimonials – When selecting an attorney, always ask look at testimonials from former clients. This will allow you to gauge the expertise and professionalism of the attorney.

If you are involved in an accident with a large truck, contact the Austin truck accident attorneys at Terry & Kelly, PLLC as soon as possible to learn more about your options and to protect your interests. Call our experienced legal team at 512-900-9000 to schedule a free consultation and obtain a case evaluation.

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Riding Your Motorcycle in Winter Weather

Whether you’re a novice or experienced rider, weather can greatly affect motorcycle maneuvers and increase the risk of a motorcycle accident. As winter arrives in Texas, riders must be on the lookout for wet and icy roads. Forecasts from the National Oceanic and Atmospheric Administration predict that a strong El Niño will greatly impact Texas this winter. In fact, residents can expect it to be more than 30% cooler than usual and nearly 50% wetter. So to help keep you safe this winter here are a few winter weather motorcycle riding tips:

• Wear the Right Gear – Wear protective gear – such as a warm leather jacket, gloves and boots – to keep you warm and help prevent serious injuries in case of a crash.
• Take Breaks Every 2 to 3 Hours – If you’re planning a holiday road trip on your bike, remember to take breaks in order to avoid fatigued driving. Also, frequent breaks will help warm you up after riding in freezing winds.
• Slow Down in Poor Visibility – Cooler weather often means an increased chance of fog and poor visibility. Make sure you slow down to a distance that allows you to see the road or vehicle in front of you.
• Consider Installing a Windshield – A small windshield on your bike can help keep you warmer by breaking some of those cold winds.
• Hydrate – It’s easy to want to avoid cold drinks, but you need to stay hydrated while riding. Also, avoid coffee as it can actually cause you to lose body heat, despite it warming you up initially.

At Terry & Kelly, PLLC, our attorneys are dedicated to fighting for the rights of injury victims. If you’ve been injured while riding your motorcycle, our experienced Austin motorcycle accident lawyers can help you obtain the compensation you deserve after an accident. Contact us at 512-900-9000 to schedule a free consultation and case evaluation.

 

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Rainy Winter Ahead: How to Drive Safely

Due to a strong influence from El Niño, a periodic warming of the equatorial eastern Pacific Ocean, this winter season is predicted to have more rainfall than usual. We’ve already experienced some heavy rainfall and flooding this season and Austin’s weather is only expected to get worse as the temperature drops and we move further into winter.

This could present a problem for drivers as they travel on Texas roads this holiday season and it’s essential that everyone use extreme caution while driving in severe weather. Here are 6 tips to help you drive safely during this rainy season.

1. Check Your Vehicle’s Tires – According to the National Highway Safety and Traffic Administration, bad tires are the primary cause of accidents on rainy days. Check your tires for the proper amount of air. Examine the tread on your tires to determine whether you need new ones.
2. Travel at a Safe Distance – Following your fellow drivers too closely in your vehicle is dangerous. On rainy days, stay at least 6 seconds behind drivers ahead of you.
3. Examine Your Brakes – Effective brakes allow you to stop at a moment’s notice. If you cannot remember the last time your brakes were replaced, it is time to examine them.
4. Put the Cellphone Away – Driving while talking on the telephone is unsafe on dry days. On rainy days, it is especially dangerous. If you must talk on your cell phone, use a hands-free option or pull over to make your call.
5. Reduce Your Speed – Slick roads, rubber tires and excessive speed are a recipe for a road disaster. When it is raining slow down at least 5-10 mph under the speed limit to prevent hydroplaning and increase following distance fourfold.
6. Take Your Time – If you are required to arrive at a destination by a certain time, leave a few minutes early. Leaving early will give you ample time to make your appointment without speeding.

Following these simple tips will help you stay safe on the roads this rainy holiday season.  But if others fail to take precautions in rainy weather and you become involved in an accident, contact Terry & Kelly, PLLC immediately. Our experienced Austin car accident attorneys can assist you with your case. Call 512-900-9000 to schedule a free initial consultation and case evaluation.

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How to Stay Safe This Holiday Season

While the holiday season should be happy and joyous, the truth is that it is also a time when numerous accidents occur. Even though the majority of people are careful, many find themselves facing life-changing situations. In order to keep you and your family safe this holiday season, here are a few tips to keep in mind while out shopping, celebrating with friends or entertaining in your own home.
Fortunately, there are numerous ways Austin residents can stack the safety odds in their favor this holiday season. For example, when you’re out shopping this year the Austin Police Department suggests parking in well-lit areas, hiding valuables left inside the vehicle, and always making sure to lock the vehicle whether parked at home or elsewhere.
For those who will be attending holiday parties this year, keep in mind that there will be increased DWI patrols to cut down on drunk drivers who may be on the road. To be safe, it may be best to utilize the services of Uber or Lyft rather than taking a chance on driving while intoxicated – even if you have not had too much to drink.
And, of course, while holiday decorations can be beautiful, they can also be dangerous if done incorrectly. Also, according to the National Fire Prevention Association, Thanksgiving, Christmas Eve, and Christmas Day are the top three days for cooking fires, so it’s important to take the necessary precautions. Be sure to test fire alarms, place space heaters away from fuel sources such as curtains and furniture, replace broken light bulbs, and keep decorations away from flames.
Terry & Kelly, PLLC wishes everyone a safe and happy holiday season. However, if you or a loved one is injured in an accident please contact our Austin personal injury lawyers immediately. Call us at 512-900-9000 to schedule a free consultation and we will put our expertise to work for you.


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Intermodal Containers in Semi Truck Collisions

The term “Intermodal” refers to using two or more means of transporting large containers of freight. These shipping containers are filled at the beginning of their journey and are unpacked once they reach their final destination. These are the containers you see bolted to rail cars or truck trailers being transported across the country or to shipyards for international transport. Because the containers are not opened until the end, the contents are more secure and are less likely to be lost or damaged.

Using a combination of shipping methods ensures the most economical transport freight and, when diesel prices drop, shipping by truck becomes more affordable. Because of the recent affordability of gasoline, we are now seeing more intermodal containers being transported by truck and train than ever before, making our roads more dangerous.

So, why is it important to determine if a semi truck that hit you was carrying an intermodal container? If you’ve been involved in a serious truck accident, it is vital to determine whether the truck was transporting an intermodal shipping container as opposed to a standard trailer. If an intermodal container is involved, an experienced truck accident lawyer may have the ability to utilize federal motor carrier regulations, federal maritime regulations, ocean bills of lading and international maritime treaties to potentially obtain settlement amounts beyond any one carrier’s single limit.  

For instance, small trucking companies often carry only one or two million dollars in liability coverage.  In accidents where catastrophic injuries occur, this is sometimes not enough to fully compensate the injured party.  If additional sources of insurance coverage can be accessed, those sources can be vital in making up the difference between a client’s actual damages and what is available to be recovered.  

In the end, bridging that gap can make all the difference in the world.  For this reason, it is vital that information regarding the trailer is captured before it is too late.  Ordinary crash reports do not typically include a place for this information to be recorded, so you should make sure to take pictures of each side of a tractor trailer if you have been in a collision and share those with your attorney immediately.

If you have been involved in a truck accident, contact the Austin Truck Accident Attorneys at Terry & Kelly, PLLC. We will make sure that the facts surrounding your collision and injury, including any identifying information about the trailer, are recorded so that your potential recovery is maximized. Contact us at 512-900-9000 to schedule a free consultation and case evaluation.

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Austin Approves More Sky Bridges to Keep Pedestrians Safe

Traffic accidents in Austin are at an all-time high. So far this year, traffic accidents have caused 81 deaths – making 2015 one of the deadliest years on record. What’s even more troubling is that one-third of those fatalities involved pedestrians, which is double the national average. In order to prevent accidents involving pedestrians, and make our streets safer, the City of Austin has just approved the construction of 3 new sky bridges.

The University of Texas, Seton Healthcare Family and The Fairmont Austin were all granted city approval to build sky bridges over our city’s streets. Currently there are only 2 sky bridges in Austin, extending over Hartland Plaza and Lavaca Plaza, and the new bridges will help connect pedestrians to growing and highly trafficked parts of the city.

The city was in opposition to sky bridges at first because of the concern that they would take pedestrians away from crossing at street level which could affect the public’s perception of Austin being a pedestrian-friendly city. However, concerns for pedestrian safety eventually won out. The new sky bridges will not only improve safety for pedestrians but will also add a new level of convenience for residents and tourist alike.

In areas where a high volume of pedestrians cross every day, a driver who strikes a pedestrian may be considered negligent if he or she was driving carelessly or should have been able to avoid the accident using an ordinary level of care. If you or someone you know was injured in a pedestrian accident, an Austin Pedestrian Accident Attorney may be able to help you recover damages to help cover the costs of medical bills, rehabilitation, lost wages and pain and suffering. Contact Terry & Kelly, PLLC today at 512-900-9000 to schedule a free consultation.

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Don’t Eat And Drive! Top 10 Most Dangerous Foods

In our on-the-go world, multitasking while driving is common. Many drivers try to save time by eating while driving. Unfortunately, drivers who eat and drive often fail to give proper attention to their driving and can cause accidents.

Studies show that over 70% of drivers admit to eating while driving and 83% drink beverages while driving. According to the National Highway Traffic Safety Administration, the odds of an accident are increased by 80% if you eat and drive and the statistics also show that eating while driving causes more accidents than texting while driving.

The 10 most dangerous foods and beverages while driving in order, and reasons why they are dangerous, include:

• Coffee – Coffee is the most dangerous food item to have in your car while driving! Because coffee is so readily available and so popular, it is widely used. Piping hot coffee in the car is just a bad idea.
• Soups – Just like hot coffee, eating hot soup is never a good idea while driving. Now that companies are making soups available in to-go cups and bowls, hot spills and burns are a lot more likely.
• Tacos – Fast food restaurants like Taco Bell make it easy to grab a taco on the go, but this tasty food generally requires 2 hands to eat. A spilled taco can create a mess on your lap and distract you while driving.
• Chili – Anything containing chili, like a chili dog or sloppy joe, can be quite dangerous and distracting. Any food that is sloppy and hot should be kept out of the car.
• Hamburgers – If it can drip, it can make a mess in your car. As one of the most frequently consumed items in vehicles, hamburgers are extremely easy to obtain and even easier to drop.
• BBQ – A tempting as it is, try to refrain from eating Franklin Barbeque while driving home. Getting barbecue sauce all over your clothes and nice leather car seat will surely lead to distracted driving.
• Fried Chicken – Fried chicken is delicious, but better enjoyed at home. Fried chicken is greasy and that grease can easily get all over hands and your steering wheel. Reaching for napkins takes your hands off the wheel and your attention away from the road.
• Jelly/Cream-filled Donuts – As a breakfast staple, the donut often finds itself being consumed in your car. However, once that boston creme or jelly filling oozes out and gets all over your car that tasty donut can become a distraction.
• Soft Drinks – Spilling a drink, having a can or bottle fall out of the cup holder, and even the act of taking a sip can all lead to increased driver distractions. That Big Gulp isn’t so refreshing when you spill 92oz all over your lap.
• Chocolate – Chocolate is messy. It’s not really something you can spill, it isn’t extremely hot, and it if you drop your candy bar, no big deal. But when it gets all over the fingers and hands, the distraction can get dangerous.

Drivers should take caution when choosing to eat and drive, particularly when consuming foods on the list above. While eating and driving may save time, if an accident is caused in these situations, the responsible driver may be held liable.

If you’ve been involved in a car accident where you suspect the other driver was distracted while driving – whether it be through cell phone, food or some other cause – an experienced Austin car accident attorney can help you hold the driver responsible. The Austin Car Accident Attorneys at Terry & Kelly, PLLC can help you recover the damages you deserve. Contact us at 512-900-9000 to schedule a free consultation and learn how we can help.

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Child Bicycle Trailers Recalled Due to Child Injury Risk

Austin has a significant and vibrant bike culture. It’s frequently called one of the best cities in the country for cyclists because of bicycle lanes, designated bicycle routes and multi-purpose paths.  No matter where you go, you’ll often see mom or dad pulling their child in a child trailer while enjoying a bike ride. However, Burley Designs, a manufacturer of the popular child bike trailers, has issued a recall affecting seven of their models made between 2009 and 2015.

In working with the Consumer Products Safety Commission, Burley Design has voluntarily recalled 34,000 of the following child bicycle trailers:

• Burley D’Lite
• D’Lite ST
• Solo
• Solo ST
• Encore
• Cub
• Rental Cub

The trailers were recalled due to an injury risk to children riding in them. The tow-bar receiver in the affected trailers has a retaining pin that if not properly inserted through the tow bar can come apart from the bicycle that’s pulling it. Only trailers with a black plastic tow bar are affected. If you own one of the affected trailers, discontinue use and request a Safety Strap Repair Kit immediately, which Burley Design is offering at no cost to you.

These faulty trailers can cause serious injuries to the children riding in them and others on the road. If you or your child has been injured while using a Burley Design child bike trailer or if you’ve been injured while biking, please contact the Austin Personal Injury Lawyers at Terry & Kelly, PLLC immediately.

Terry & Kelly, PLLC wants to protect the safety and rights of Austin cyclists and their children. We have extensive experience representing those injured by faulty products and in bicycle accidents across the greater Austin area. If you’re seeking out an Austin personal injury attorney, don’t hesitate to contact us at 512-900-9000 for a free consultation and case evaluation.

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Heavier 18 Wheelers Could Be Coming to Texas

As road fatalities decrease across the country, they continue to increase here in Texas. Texas currently leads the nation in accidents involving large trucks due to the increase in gas drilling throughout the state. Large trucks and commercial vehicles have crowded our roadways and things could be getting worse. Thanks to proposed national legislation, 18 wheelers could be getting bigger and heavier. The new law would allow these huge trucks to operate with twin 33-foot trailers, which is up from the current federal limit of two 28-foot trailers and adds another 10 feet per truck.

Those who favor the proposal contend that larger trucks would mean fewer trucks on the roads overall, which would mean fewer accidents and a more environmentally friendly atmosphere since fewer trucks would discharge fewer harmful emissions. Those who disagree say that the bigger trucks will be harder to handle and harder to stop, which will lead to more accidents and more severe injuries. In addition, those heavier trucks on the road will mean more wear and tear on highways, which will result in worse roads and more tax dollars being spent on highway repairs.

The number of deaths involving huge truck accidents in Texas by far outnumbers all other states. Whether or not there is new legislation concerning the size of the 18-wheelers, there is a heavy risk of accidents on the Texas highways. If you have been involved in a collision with an 18 wheeler or commercial vehicle, you need the services of an experienced truck accident lawyer. Call the Austin truck accident attorneys at Terry & Kelly, PLLC at 512-900-9000 to schedule a free consultation to discuss your case.

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A Closer Look At Red Light Accidents

The running of red traffic lights is a serious problem across the United States. A yellow light is intended to signal to drivers that they should slow down and come to a complete stop. Instead, many drivers speed up upon seeing a yellow light to try to miss the red light and end up running it instead. According to statistics, collisions occurring as a result of a run red light often result in serious injuries and, in some cases, even death.

In 2013, 697 people were killed and an estimated 127,000 were injured in accidents that involved a driver running a red light. Statistics also show that drivers most frequently run red lights in the afternoon, with about 30% of all red light violations occurring between the hours of 1 p.m. and 5 p.m.

A report from the National Coalition for Safer Roads found that Houston, Texas is the most dangerous city in the United States for red light running, with 181 red light fatalities between 2004 and 2013. The study also found that red light running peaks during summer months and that 36% of drivers regularly run red lights or have run red lights previously.

If you’ve been injured in a red light accident, contact an Austin car accident attorney immediately. Drivers who run red lights often try to deny liability for a collision or shift some of the blame to another driver by claiming that they had a green light and the right of way when they did not. An experienced attorney will know how and where to gather the evidence necessary to defeat this type of defense – ensuring that you get the justice and compensation you deserve.

For more information, contact Terry & Kelly, PLLC at 512-900-9000 or through our website.

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Dog Bites Increasing in Austin

So far this year, there have been more than 1,000 dog bites reported in Austin. If this trend continues at the same rate, Austin will see the highest number of reported dog bites ever in 2015. According to city data, the number of dog bites has been increasing every year since 2007. With all of Austin’s dog friendly patios and parks it’s important to know your legal options if you or your furry friend suffers a vicious bite from another dog.

If you or someone you know has been injured as a result of a dog bite, you should contact an Austin personal injury attorney immediately to learn what actions may be taken against the dog owner. The experienced personal injury attorneys at Terry & Kelly can help you pursue reimbursement for the cost of any medical treatment incurred, as well as work with you to identify all of the potential damages you may have suffered – such as pain and suffering, mental anguish, physical disfigurement and future medical expenses – so that you receive the compensation you deserve.

The process of pursuing damages against a dog owner is complex and can become overwhelming if you try to handle the case yourself. At Terry & Kelly, we are adept at handling the nuances of a dog bite case and can help you avoid the many pitfalls that you may encounter.

We have the experience and knowledge necessary to assist victims of dog bites in Austin. If you have suffered a dog bite, contact Terry & Kelly, PLLC at 512-900-9000 as soon as possible to schedule a consultation and learn more about your options.

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Austin Moves to Decriminalize Public Intoxication

With our large entertainment district and flourishing craft beer scene, it is not surprising that about 10% of all arrests in Austin are for public intoxication. The process of jailing intoxicated people, fingerprinting them, and having court hearings is lengthy and frustrating. The city also faces unsettling accusations of racism and homophobia, since some people feel that they are targeted for being a minority. So in order to save the county both time and money, Austin is creating a plan to decriminalize public drunkenness and keep people out of the criminal justice system.

The Travis County Commissioners Court is making efforts to change the laws and open a sobriety center downtown. The proposed plan would allow police to detain intoxicated people and take them to the sobriety center until they are sober. Intoxicated people would not face any criminal charges, and they would be free to leave without any consequences after they are no longer drunk. Supporters of this plan feel strongly that it would prevent the court system and county jail from being overburdened.

Other cities have put similar plans into effect and Houston reports that it has saved $1.8 million by opening a sobriety center and decriminalizing public intoxication. The City of Austin hopes this new plan will support and help people who abuse alcohol, instead of jailing and punishing them. Once this plan goes into effect officials will be able to focus on more serious crimes.

Though there are moves to change Austin’s laws about public intoxication, it is still currently a crime. Fatal accidents are on the rise here in Austin and we urge everyone to drink responsibly and to never get behind the wheel if you have been drinking. If you’ve been involved in a serious car accident, especially one caused by an intoxicated driver, contact Terry & Kelly PLLC online or call them today at 512-900-9000 to arrange a free, no-obligation consultation.

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Autonomous Trucks Cleared To Drive on US Roads

Freightliner’s new line of autonomous trucks, the Inspiration, recently received approval to drive on US highways in Nevada, and the Peterbilt line of driverless diesels will soon join them. The new autonomous trucks are designed to make the roads safer and may be making their way to Texas soon.

Safety Considerations

Supporters of self-driving vehicles say they are safer than those operated by humans. Autonomous vehicles don’t drive while tired, drunk, under the influence, or while texting. Even though the law mandates that trucking companies require their drivers to follow a strict sleep schedule and log their hours, there are still many preventable truck accidents caused by fatigue, human error or failure to follow the law and/or guidelines.

Driverless trucks know how to stay in their own lane, change speeds, avoid collisions, and certainly don’t get angry or cut other drivers off intentionally. These new autonomous trucks are equipped with dash-cameras that range 100 meters in order to read road signage, keep the trucks in the correct lane, and scan for vehicles they may need to avoid.

 

Fuel Conservation

Driverless vehicles are neither hesitant nor heavy-footed. They drive the speed limit, and their acceleration and deceleration are smooth and even – which helps to prevent rear-end collisions and saves on fuel consumption. Autonomous truck convoys drafting one behind the other could use less fuel as air resistance is reduced. Communication between the trucks would coordinate changes in speed and direction.

 

The Future of Autonomous Vehicles

Currently, the autonomous license to drive Nevada’s freeways requires a person to ride in the driver’s seat in case human intervention is required. Time will tell if these autonomous vehicles will actually make our roads safer.

Have you been involved in a truck accident in the Austin area? Call the experienced truck accident professionals at Terry & Kelly, PLLC.  An attorney is always available at 512-900-9000 to provide a free initial consultation and case evaluation.

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Credit Cards and Rental Car Insurance: How It Works

Rent a car and it’s guaranteed you’ll be asked if you’d like purchase separate insurance coverage that will pay for any damage that may be caused while driving the vehicle. Many consumers don’t know what to do in this situation or if their auto insurance policy will cover the vehicle they’re renting. The answer depends on your auto insurance policy’s language but many policies exclude such coverage.  

However, many credit cards include protections or “coverage” if your rental car is damaged or stolen. Before you travel, you need to check to make sure your credit card provides rental car coverage.  Make sure to read the terms of your credit card agreement carefully to ensure that you qualify for coverage.

If you do have coverage, here are some typical things that you’ll need to be aware of (although all policies are different):

– For coverage to apply, you must typically pay for your car rental in full using the credit card providing coverage for any potential loss;

– You must typically rent an applicable car (some are excluded);

– You must typically rent the car under your name and be a driver listed on the rental;

– You may be required to decline any coverage offered by the rental company before coverage under your credit card agreement is available;

– You will almost certainly be required to promptly notify your credit card company after any damages or theft and provide all applicable documents requested to complete the company’s coverage investigation.

Many credit card companies provide these coverages for damage caused to your rental by a crash, vandalism or theft. However, most credit card companies (and most auto insurance policies) will not cover large vehicle rentals (e.g. limousines or tour buses) or premium sports cars.

 

Primary vs. Secondary Coverage

Some credit cards offer primary coverage. In the event of an accident, you call them first and they will bear responsibility for all damage to the vehicle. This is the ideal coverage because your insurance company won’t need to pay out damages and potentially raise your insurance rates as a result. Check with your credit card company to see if they offer primary car rental coverage.

Most credit card companies, however, offer some type of secondary coverage – your credit card company will bear secondary liability, meaning your car insurance will be the first one liable to pay for the damages (if coverage exists). The credit card company will cover any remaining costs, which may include the deductible required by your insurance company or downtime charged by the rental company.

When in doubt, always call your credit card company and review the terms of your agreement. While we hope you do not have to face an unfortunate incident, being prepared ahead of time will spare you of confusion, time and money down the road.

If you’ve been in an accident and your claim has been wrongfully denied, do not hesitate to call the Austin car wreck attorneys at Terry & Kelly, PLLC immediately. We are available 24/7 at 512-900-9000 to provide a free initial consultation and case evaluation.

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The Difference Between 1st Party and 3rd Party Insurance Claims

Insurance terms can be confusing to those not in the industry.  One of the most misunderstood concepts is the difference between a first party insurance claim and a third party claim. Those who have been injured and need the assistance of a personal injury attorney rarely know whether their claim should be made as a first party claim or third party claim (or both).  Here’s a brief explanation to help you understand the difference.

First Party Claim

A person who purchases an auto insurance policy, homeowner’s or renter’s policy, has a contract with the insurance policy. In exchange for the payment of premiums, the insurer agrees to pay for losses covered under the policy. For example, if there is a home fire the insurer will pay for losses sustained by the fire, up to the amount covered in the policy.

For auto insurance, if a person is injured in a collision, he or she may be able make a claim for the medical expenses incurred, wages lost or other related damages, up to the amount covered in the policy. If the driver has comprehensive coverage, a separate first-party claim can also be made to repair physical damage to the vehicle.

In many of these cases, the party making a claim against their own insurance company will not have to demonstrate any fault of another party. This is because the damages to be paid are determined by the terms of the contract, and not by traditional legal standards of fault and liability.

 

Third Party Claim

All auto policies in Texas, and most property insurance policies, also provide third-party liability coverage. What that means is that if the owner of the insurance policy or any other individual who is “covered” under the policy causes an accident that injures a third party, that third party may make a claim against the vehicle owner and/or driver’s third-party liability coverage for the damages incurred as a result. This is known as a third party claim.

In third party claims, the injured person normally has to prove that the insured was legally responsible for causing the injury. Typically, this is accomplished by proving the insured was negligent. If the injured party can prove negligence, he or she can recover their damages from the insured, including damages for past and future medical expenses, pain and suffering, mental anguish, disfigurement, and loss of earning capacity.

The Austin personal injury lawyers at Terry & Kelly, PLLC have vast experience in handling both first and third party claims against insurers. Those injured due to the negligence of another, or those who have been denied by their own insurance company, are encouraged to contact us at 512-900-9000 for a free case evaluation.

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Sure Austin Labor Day DWI Arrests Going Down, But Are We Any Safer?

According to recently released data from The City of Austin and the Austin Statesman, Labor Day DWI arrests have gone down in Travis County for the 2nd straight year in 2015, continuing the trend started in 2014.

In 2013, there were 106 people arrested on suspicion of DWI in Travis County. In 2014, there were 88 individuals arrested for DWI. There were 69 arrests for this most recent labor day holiday.

This same trend has extended to total yearly DWI arrests in Travis County which are down year over year from 2013 to present. This begs the question: are Austin streets any safer?

This infographic, produced by local law firm Terry & Kelly, PLLC shows that the answer may be no. The infographic, created to increase the safety awareness of Austin motorists, shows that despite these seemingly positive DWI numbers, fatal accidents in Travis County are up 81% in 2015 (76 so far compared to 42 in 2014). This statistic strongly indicates that dangerous drivers and/or accidents causing catastrophic injury in our area are actually on the rise.

Austin personal injury lawyer Trent Kelly, who often represents victims of these types of car accidents offers some advice to Austin motorists who want to protect themselves from the dangerous conditions on our roads: “There are three big steps that every Austinite who’s driving can take immediately to minimize risk and protect themselves and their families: 1. Always drive defensively and assume every driver around you is capable of acting erratically or negligently at any time; 2. Try to avoid being on the road late at night, particularly on weekends, when people are often driving intoxicated or fatigued; finally, 3. Some collisions are unavoidable despite your best attempts. However, you can make sure that you are carrying proper insurance coverages to protect you and your family if you are injured as a result. The best way to do this is to make sure you are carrying the highest limits available for Personal Injury Protection and Underinsured/Uninsured Motorist Coverage on your own auto insurance policy.” Trent goes on to say, “Carrying these coverages will help to ensure protection and compensation for you and your loved ones if something tragic occurs on the road and should be carried without exception.”

Terry & Kelly, PLLC is an Austin, Texas based personal injury law firm that focuses on helping victims of auto and trucking accidents throughout Texas. Their office is located at 1002 Rio Grande, Austin, TX 78701. They can be reached via telephone at (512) 900-9000.

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Could This Be Austin’s Deadliest Year?

Austin, Texas was the village of Waterloo until it became the state capital in 1839, and it’s been growing ever since. It is the 11th most populated city in the U.S., the second largest capital city in the country (only after Phoenix, Arizona), the fourth largest city in the state, and has a growing population of more than 900,000. It all sounds good, but those figures may be causing a big problem in Austin that shows no signs of getting better.

The City of Austin is on the fast track to have a new entry in the record books: 2015 may be the city’s “deadliest year” on its streets and highways. Traffic fatalities have already reached 76, and estimates point to 90 more traffic deaths by the year’s end. In the entire year of 2014, 63 deaths from traffic accidents were reported.

What is causing the rise in traffic accidents? Certainly, a growing population in the city and surrounding area puts many more vehicles on the road. However, most accidents on all U.S. roads are the result of alcohol use and/or reckless driving. That includes:

Negligence: This is the number one cause of all road accidents. The driver is not paying attention to road conditions and the surrounding traffic.

Gross Negligence or Misconduct: In this case, the driver may be aware of road conditions and traffic laws, but – often because of alcohol use – isn’t capable of operating their vehicle safely.

If you drive in the Austin area, be careful behind the wheel and help keep Austin’s roads safe. However, if you do become involved in an accident, contact Terry & Kelly, PLLC at 512-900-9000 to arrange a free consultation and case evaluation.  We fight hard for our clients and will not stop until you obtain the justice you deserve.

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Help, I’ve Been Injured At A Waterpark

Waterparks are a great way to beat the Austin heat, but can also result in serious injuries.

Slip-and-fall injuries can happen at waterparks, along with heat-related illnesses and drownings. If you are injured at a waterpark, do you know who can be held liable? It is vital you understand your legal rights and contact an experienced Austin Personal Injury Lawyer in your community today.

 

Waterparks Can Be Held Accountable

Just like other theme and amusement parks, waterparks are accountable for operating activities and rides that will not cause injury to guests. If a waterpark ride is defective or if improper care caused a ride to malfunction, the waterpark may be held liable for injuries sustained as a result of the water ride.

 

Slippery Areas and Contamination

Slippery areas at waterparks increase the risk of slip-and-fall injuries. Waterparks are also well known for water-borne viruses infecting guests. Food and water contamination can cause serious injury when parasites and bacteria spread to the water supply at the waterpark.

Young children and the elderly are at high risk of serious injury caused by contaminated water. A waterpark can be be held accountable for these injuries if its conduct led to unsafe conditions at the waterpark.

 

The Waterpark’s Employees

Waterparks employ water ride operators, lifeguards and food servers. All of these employees can cause you to incur an injury. Injuries and accidents caused by a waterpark employee may be the liability of the waterpark, assuming the employee’s error fell within the job description and duties of the employee.

You have legal rights when facing waterpark injuries. You don’t have to deal with this alone, contact an experienced Austin personal injury lawyer today. Contact Terry & Kelly, PLLC at 512-900-9000 to arrange a free consultation to discuss your specific case.

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Fiat Chrysler Forced To Buy Back Faulty Vehicles

A recent report released by the National Highway Traffic and Safety Administration indicated a mandate for Fiat Chrysler Automobiles to execute a vehicle buyback program due to its failure to complete a 2013 recall. This recall relates to the Ram truck and Dodge SUV vehicle line which pose danger with faulty steering components which may cause drivers to lose control of the vehicles.

Although more than 280,000 of the 580,000 recalled vehicles have been repaired, Fiat Chrysler is still being held liable for the repair of all the vehicles stated within the recall.

Conditions of the Buyback Program

The NHTSA has not only ordered Fiat Chrysler to buyback all the RAM trucks and Dodge SUVs that were made during the years of 2008 through 2012, but the automaker must also pay $105 million in civil penalties. Although the total cost has not been disclosed, the number of vehicles that have yet to be repaired indicate a significant amount of money that must be paid out since the automaker will buy the vehicles back close to the original sale price.

 

Steps to Take If You Were Injured

If you owned a RAM truck or a Dodge SUV and were injured in Austin, TX, as a result of the faulty steering in the vehicle, you still have an opportunity to seek legal help regarding your personal injury benefits. The process of protecting your rights is a serious matter and needs to be handled by a lawyer who works hard to present victims who have been injured as a result of an automaker’s negligence.

Terry & Kelly, PLLC. handles personal injury accident cases related to automaker recalls. The lawyers at Terry & Kelly, PLLC are familiar with the traffic laws and regulations that automakers must follow. If you want your case reviewed, contact Terry & Kelly, PLLC. at 512-900-9000 today for a free consultation.

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Google’s Self Driving Cars Hitting Austin’s Roads

For the first time since their inception as a project in 2009, Google’s self-driving cars are being operated outside of California. (Most of the cars operating within California have been in Mountain View, a city in the Silicon Valley region of Northern California.) The city of Austin, TX, known for been a hotbed of technology and innovation, is truly privileged to have Google’s vehicles being driven on its roads.

As for the car being tested, Google is using a Lexus RX450h sport-utility vehicle that it outfitted with Google’s self driving technology. Testing the cars on Austin’s roads is only natural for Google, as they not only have offices in the capital of Texas, but have already started building “Google Fiberhoods” in many of Austin’s neighborhoods. The city is also laid out in a manner that makes it ideal for autonomous cars.

There are plans to add another vehicle to the fleet of self-driving cars in Austin. Right now, the Lexus vehicle is operating “a few square miles north and northeast” of Downtown Austin.

Texas has no current legislation regarding self-driving cars. Self-driving cars, unfortunately, have been involved in some accidents in California. Fortunately, in the 12 accidents, no one was injured.

A common legal inquiry regarding self-driving vehicles is in regards to whom is responsible should one get into an accident. An Austin Car Accident Attorney will help answer any legal questions you may have if you experience a run in with one of these self-driving cars.

If you’ve been involved in any car accident in and around Austin, contact the personal injury attorneys at Terry & Kelly, PLLC for assistance. Call 512-900-9000 to arrange a free consultation and case evaluation.

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Are Pedestrian Accidents on the Rise in Austin?

This time last year there were 9 pedestrians killed by motor vehicle accidents in Austin. This year, 22 have been killed. A spokesman for the Austin Police Department vehicular homicide division related that people “just aren’t paying attention in general.” Sometimes it’s the pedestrian. Sometimes it’s a distracted or drunk driver.

Austin police acknowledge that most pedestrian accidents occur at night. They also confirm that about 50% of these pedestrian accidents are hit-and-runs. The exact cause of this dramatic rise in pedestrian accidents is unknown, but many point to Austin’s booming population, the lack of proper walkways and signs, and overall distracted driving as major culprits.

Pedestrians have the same right to compensation as they would have if they were injured while driving or occupying a motor vehicle. The same rules of negligence apply as well. Many of these accidents occur when a vehicle jumps a curb. Others occur in parking lots. Even victims of a hit-and-run accident have available avenues of compensation for their injuries. Private persons, corporations, or municipalities can be held liable for poor lighting, traffic patterns or poorly marked crosswalks.

At Terry & Kelly, PLLC we concentrate our practice in personal injury. If you were injured in a pedestrian accident, you’ll need an Austin pedestrian accident attorney with the extensive experience and proven trial skills necessary to effectively represent you against giant insurance companies.

The Austin pedestrian accident attorneys at Terry & Kelly, PLLC will fully investigate every detail of your case in seeking compensation for your injuries. Contact us at 512-900-9000 to arrange a free consultation and case evaluation.

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The Different Types of Truck Accidents

Accidents involving trucks occur very often on highways and the hazardous roads across the country and these truck accidents happen in various capacities. It is hard to predict a collision, so it is important to know and be aware of your surroundings, especially where there are large trucks on the roads.

Factors like the weather and the time of the day may increase the chances of being involved in a truck accident. Types of accidents involving trucks may vary depending on the driver, the driver’s ability to respond to a situation, and the trucking equipment.

Here are some of the most common truck accidents.

Truck Rollovers – This may occur due to high speeds but can also happen when the truck is traveling at a slow speed. If the tires’ grip fails, the vehicle is likely to lose control and may slide sideways resulting to a rollover.

Air brake – Failure of the air brakes means the truck cannot come to a stop especially when traveling downhill.

Jackknife – This is due to instant braking causing the trailer to swing.

Under-ride – This occurs when the there is instant braking and the smaller car behind the truck moves underneath the truck.

Tire blowout – Controlling a truck after a tire blowout is difficult and often results to serious accidents.

Rear-End – Rear-end collisions increase the potential of the damage in an accident. This however depends on the weight of the load.

Head-On – This is when a truck collides with another vehicle moving in the opposite direction. These are among the most dangerous truck accidents.

If you’ve been involved in a truck accident, contact the Austin truck accident attorneys at Terry and Kelly, PLLC for help. Call 512-900-9000 to arrange an initial consultation.

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Who Can File a Wrongful Death Lawsuit?

A wrongful death is a particular type of offense that, while not necessarily criminal, can result in legal action against individuals, companies or government entities. Those who have lost family members in a variety of ways may seek financial compensation from the party whose actions resulted in the death, but they will need the assistance of a wrongful death attorney to help guarantee the successful outcome of their case.

Wrongful deaths are usually accidental, but which stem from the negligent or reckless actions of others. Traffic accidents are the basis of many wrongful death cases, while other lawsuits are related to cases of medical malpractice. Still others result from defective products, including foods and household appliances.

In some cases that are prosecuted as crimes, the responsible party may also held liable for civil damages. A wrongful death attorney can help sort out the facts of a case in order to assure the proper administration of justice.

In Texas, civil action after a wrongful death is reserved for immediate family members. The spouse, parents and minor or adult children of the deceased individual may file for a claim, although this right does not extend to brothers or sisters. If there are no immediate survivors or if surviving family members fail to take legal action within three months of the death, a representative of the deceased person’s estate may seek damages. Compensation can be sought for economic reasons, including financial support for surviving family members, and for personal reasons, including the loss of companionship. In some cases, punitive damages may also be awarded.

If you are considering legal action in the wake of a personal tragedy contact the Austin wrongful death attorneys at Terry & Kelly at 512-900-9000 to discuss your case.

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Proving Fault in a Slip and Fall Accident

To prove fault in a slip and fall accident, the person injured in the accident (also known as the plaintiff when a lawsuit is filed) must prove that the property owner was negligent by a.) causing the dangerous condition and b.) that the property owner knew or should have known about the dangerous condition and done something about it.

The plaintiff can prove that the property owner should have known the dangerous condition was there if a reasonable person in the property owner’s position would have known and done something about it. Whether or not a reasonable person would have known the dangerous condition was there and done something about it is often a matter of common sense for a judge or jury.

Factors that show that the dangerous condition was obvious or had been there for a long time are helpful in showing that a reasonable person would have known. For example, if a damaged part of the carpet or flooring caused the accident, there is a good chance the owner knew about it and should have done something to make that area safer.

If the plaintiff’s own carelessness contributed to the accident, this may reduce his or her chances of prevailing when trying to prove the property owner was at fault. In Austin, Texas, a plaintiff can still recover damages if he or she was partially as fault, as long as that degree of fault was 50% or less when compared to that of the defendant.

If you or a loved one has been injured in a slip and fall accident, you should contact an Austin premises liability attorney. An Austin premises liability attorney can help you file a claim for money damages after you have been hurt. Contact Terry & Kelly, PLLC today for more information.

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Top Causes of Motorcycle Accidents

Bikers know that motorcycle season is in full swing, but not everyone on the road is as aware. With the boom of bikes on the road, comes an increase in accidents. Knowing some of the leading causes of motorcycle accidents and being more aware of them can help you keep the shiny side up. Here’s a look at the most common causes of accidents to help you stay safe on the road.

Drivers not checking blind spots – Motorcycles’ small size and decreased visibility make them more likely to be missed when drivers are checking openings for merging. Stay out of cars blind spots, and be cognizant of potentially merging cars.

Cornering – Many accidents happen because of misjudged severity of turns. Play it safe and corner slowly, especially in wet conditions like those afternoon Austin rain showers.

Drinking and Riding (the most preventable cause) – Make sure that you never drink and ride. Thousands of accidents occur nationwide each year because of riding under the influence. Law enforcement officials are stepping up enforcement as well, so cool off with a beer once you are back home safe, not before you get back on the bike.

If you are involved in an accident, dial 911 immediately and get assistance for anyone injured. If there are no serious injuries, photograph the crash and obtain contact and insurance information from all parties.

If you or a loved one have been sustained injury from a motorcycle accident, contact the Austin motorcycle accident lawyers at Terry & Kelly, PLLC for assistance.

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What You Need To Know About Large Truck Accidents in Austin Texas

Truck accidents are all too common in Texas and specifically in Austin. The US department of transportation recently released some information that was shocking and every native Austinite should be aware of.

For example in 2011 there were 273, 000 large truck crashes. Of those crashes 3,757 people were killed and 88,000 were seriously injured.

Who's at Risk

According to the data from the US department of transportation, 1 out of every 8 fatalities involve a large truck collision. In large truck accidents, 98% of fatalities were the individuals in the passenger vehicle, NOT the the truck driver themselves. In other words, truck drivers can afford to be more reckless driving on the highways because they are almost 50 times more likely to survive an accident should they wreck into you or your family.  Also 68% of all fatal truck accidents occur in rural regions which is a bit surprising at first, but when you think about it, it makes more sense. These 18 wheelers are not likely to be traveling at high speeds in cities and in rush hour traffic. They are much more likely to be traveling at high speeds, and thus be more dangerous, in rural areas.

This infographic from the attorneys at Terry & Kelly in Austin illustrates all this information:

If you or a loved one has been in an accident with a semi truck or 18 wheeler, contact an attorney at Terry & Kelly PLLC today. They provide compassionate legal expertise and will help you recover the damages you are entitled to.