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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