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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