Category: Motorcycle Accident

Experienced A Bicycle Accident – Consult Our Auto Accident Attorney

Dental Injuries and Bicycle Accidents – Auto Accident Lawyer in Corpus Christi

If you suffer severe injuries to your teeth, it’s difficult to chew, grind through food and then swallow and digest it. The facial trauma suffered in a bicycle accident is likely to result in dental injuries that directly affect both the chewing and digestive processes. Secondary to those issues come speech and cosmetic concerns.

The Rider’s Mouth is Exposed

When a bicycle rider injures his or her mouth in a crash, it’s most likely the result of an impact with the ground. Sudden deceleration operates to launch riders over their handlebars, and because bicycle helmets provide little protection for the chin and teeth, they’re vulnerable when the rider impacts in a prone position. Serious dental injuries can result, especially for a victims front upper and lower teeth. Those injuries can include chipped, fractured, displaced or even lost teeth. If a motorist caused the crash, or a road wasn’t properly maintained by a governmental entity, the bicyclist might have a viable personal injury claim.

Damages You Can Seek

We all know that dental work is costly, and serious dental injuries will require multiple visits. Dental services aren’t covered under most health insurance policies, but such services for dental injuries are often covered. You’ll want to check your policy in that regard. If your injuries were caused by the negligence of a motorist or a governmental entity that failed to properly maintain the road that you crashed on, some of the damages that you can seek compensation for include your:

  • Medical and dental bills
  • Lost earnings
  • Any permanent disfigurement and disability
  • Pain and suffering

Displaced, fractured or missing teeth are painful, and they’ll affect what you eat, how you speak, how you see yourself and the impression that you make on others. These types of injuries are likely to require costly crowns, implants or bridges. You’ll want to visit with a qualified personal injury attorney in Corpus Christi as soon as possible after your accident to discuss your options. Nearly all such attorneys take cases like these on a contingency fee basis where no legal fees at all are due unless he or she obtains a settlement or verdict for you. The legislature has only given you a limited amount of time to take action, especially if a governmental entity was involved in your accident. Get that consultation and case evaluation sooner rather than later.

Call us now or contact The Law Offices of Jerry J. Trevino with any questions you might have.

Texas Lawmakers Finally Put A Stop To Texting & Driving

Finally the Governor of Texas and Lawmakers Ban Texting and Driving

It took quite some time as well an enormous effort by two lawmakers, however, a sensible ban on texting while driving has finally been embraced by Texas. Were it not for then Governor Rick Perry who dropped his veto hammer on the ban of texting-while-driving which both chambers had cleared, this would have been done six years ago. Perry did not want the “behavior of audits to be micromanaged” by big government, adults who already are not allowed to do tequila shots and chug a beer as theY drive, those who muse respect speed limits that are state-imposed and wear a seatbelt.

No such overwrought nanny-state concerns were expressed by Governor Greg Abbott. As a matter of fact, it is Abbot´s goal to micromanage the dozens of cities which have imposed texting bans that are stricter prior to Texas coming to its senses and following 46 other states as well as the District of Columbia´s lead. Alright, a Republican governor in a red state which still obsesses over what bathroom should be used by transgender citizens may find “micromanage” to be an offensive choice of words.

To put it simply, what Abbott wants to do is to tidy things up a bit by creating an anti-texting law which is uniform and will help avoid confusion. And to be fair, this actually makes perfect sense. On Tuesday Abbott explained: “We are in no need of a patchwork quilt of regulations dictating the driving practices in Texas. That being said, it will not come as a surprise to witness a few cities or counties balking at the Johnny-come-lately state law that will preempt the much broader restrictions which they have in place against the use of mobile devices in vehicles.

Austin makes for the perfect example. The state´s capital city, in 2014 embraced proudly a comprehensive ban on the use of mobile devices in vehicles. At that time, the Austin Police Department stated the following in a release: “Austin is leading our state of Texas in an effort to help drivers refocus on the task of driving. What the hands-free initiative aims to do is increase safety by decreasing the amount of distracted driving, this includes all activities which could divert the driver’s attention from their main task of driving.” What the hands-free ordinance prohibits is any electronics, meaning cell phones to handheld games, the ordinance applied to bike riders as well.

The statewide texting ban which was hard-won and just signed by Abbott doesn’t even go that far. All it does is make it illegal for a driver to “send, read, or write an electronic message as they operate a motor vehicle unless of course, the vehicle is not in motion.” Violators of this ban will be cited and could face fines for their first offense of $25 to $99.

The ban will be taking effect September 1, marking the end of a battle taken on by state Senator Judith Zaffirini, D-Laredo, as well as state Representative Tom Craddick, R-Midland, and others which lasted a decade. In a statement Craddick said: “The governor is, by enacting this legislation for public safety, saving lives by deterring this behavior that is dangerous and deadly. Texas has for quite a long time, needed this law to prevent the unnecessary loss of life in crashes that could be prevented, and we finally have it.”

The last time I wrote on this subject was back in March, I wrote a sentence which I took out and soon regretted it. “What will have to happen so that Texas will finally realize that something must be done about distracted drivers? Perhaps we will have to wait until someone crashes into a school bus packed with children.” It came across to me a tad sensational, so I switched it around using gentler words.

The very same day that my column was published online, a church bus packed with seniors down on Uvalde County was crashed into by a pickup truck driver. There were thirteen lives lost. The driver explained to a witness and later on to NTSB investigators that when the crash occurred, he was looking at his phone reading a text.

A witness to the crash that occurred on March 29, Jody Kuchler told the San Antonio Express-News that he had spoken with Jack Dillon Young, the driver as he was still pinned in his pickup. Kuchler said: “He kept saying, ‘I’m sorry, so sorry, I was sending a text on my phone.’ I told him, ‘Son, do you have any idea of what you just did?´ And he just kept saying, ‘I´m sorry.”

Sure, several medications were found by investigators in the front seat of Young´s pickup, these could have played a role in the fatal accident. The Texas Department of Public Safety, in their search warrant affidavit, stated that Young´s erratic driving could have been due to intoxication from “alcohol, a dangerous drug, a controlled substance, or a combination”. Could you imagine a person in that condition who on top of it is trying to text, as they drive a vehicle?

Ross Allen, a man who in that crash lost his father, proceed to not only file a lawsuit against the driver but also to sound the alarm for a statewide texting ban. According to the National Highway Traffic Safety Administration, in 2015 3,91,000 people were injured and 3,477 people were killed in car accidents that involved distracted drivers. If involved in one, it is always best to contact an auto accident attorney.

Although a new law will not put a definitive end to texting and driving, no more than a speed limit will keep motorists from driving like maniacs sometimes; or DWI laws preventing all drivers from excessively drinking on occasion and getting behind the wheel. However, the right message is being sent by the Lone Star State to all drivers, not only minors: There will no longer be a tolerance for texting while driving anywhere in Texas. To this, I say, better late than never.

Call now or contact us today for your free case consultation if you’ve been involved in an auto accident in Corpus Christi as a result of texting and driving. The Law Offices of Jerry J. Trevino are here to answer any questions you may have regarding your case and want to get you in touch with an attorney in Corpus Christi immediately!

Dangers of Motorcycle Accidents Increasing in Texas

Motorcycle Accidents In Texas Arising From Unsafe Driving Maneuvers

Visit our short guide on avoiding motorcycle accidents.

A recent case with the Texas appellate court was heard involving a truck accident. In the hearing, the defendant testified that, on the date that the accident occurred, he was driving his vehicle in the left lane. This was during rush hour, and he was following behind two other cars and headed towards a construction zone. He was not following the recommended distance, so there wasn’t any room for trucks and other cars to merge in front of his vehicle. There was an 18-wheeler up ahead in front of the two cars that the defendant was following. It stopped and immediately traffic stopped. Since traffic was so tight it wasn’t possible to drive into the right lane. The two cars turned onto a grassy median with the defendant following them.

Later on, the truck driver testified that everything happened so fast, and he was unsure why he left the road rather than just stopping. He ended up veering off because he assumed there was something in front of him out on the road. He did not want to run the risk of something hitting the back of his truck. So as he was leaving the road he hit his breaks, thinking he needed to do this to avoid getting into a collision. Before following he did not look to the left, and he was going the same speed as the cars surrounding him.

When he moved over to the left, he spotted the plaintiff’s motorcycle in his mirror that was one vehicle behind him. He thought that the motorcycle was moving very fast on the shoulder of the road and that using the shoulder was illegal. The motorcyclist lost control of his motorcycle when driving onto the grass. The bike crashed into the defendant’s truck. At this point, the defendant thought that the back part of his truck was on the shoulder still, and he claimed when he left the plaintiff was not in his path.

According to the motorcyclist’s testimony, he was over in the far right-hand lane, and when he saw the traffic cones narrowing three lanes into just two, he then merged over to the middle lane. When merging he was nearly hit, so then went over to the left lane. There were two cars that were moving up fast behind him and he could see brake lights. He wasn’t able to see around the car that was in front him. He was afraid that he would be hit in the congested traffic. That is why he moved over to the grassy median. At that point, he was passing stopped traffic and going around 40 mph. He continued slowing down and was around 30 feet away from the defendant. At that point, the defendant drove his truck over to the median.

He testified at trial that he did not use the median for travel as far as possible before returning to the road, despite the fact that at the deposition he testified the exact opposite. He instead claims he was planning on driving on the median until he was able to return to the road safely and that he did it due it being an emergency.

He testified that he took 10% to 15% of the responsibility but wasn’t prepared when he drove onto to the median since he believed he was safe at that point. He said that if he had been, then we would have braked when seeing the truck get on the median.

In this case, the defendant completely denied responsibility and testified that the police officer who was at the scene said it was the motorcyclist who was at fault due to him driving too closely and using an evasive faulty action.

The jury found that the legal cause of this accident were the plaintiff’s actions and he was not awarded anything in damaged. The case was appealed by the plaintiff, and he argued there wasn’t sufficient evidence to support the decision made by the jury.

The argument of the defendant was that the jury’s negligent finding was actually a harmless error due to the fact that the plaintiff failed to challenge the zero damages finding by the jury on the appeal. In this case, the appellate court agreed with this and noted that when an appeal is made, that it needs to attack any independent grounds supporting a complained-of ruling.

The jury, in this case, was asked what amount of money would compensate the plaintiff fairly for his damages. However, no damages were found by the jury, and this finding was not challenged by the plaintiff. The appellate court ruled that the zero damages finding that had gone unchallenged allowed the trial court to enter a take-nothing judgment on this negligence cause of action. Therefore, any mistake that the jury was made in finding that the defendant was not negligent was harmless.

If you are ever injured in a motorcycle accident or in need of elderly advocates, the Corpus Christi experienced lawyers at The Law Offices of Jerry J. Trevino might be able to represent you and get a sound strategy developed to handle your case. For more information, please call our office.

Taking The Heat Off Your Motorcycle Accident

6 Of The Best Ways To Avoid Motorcycle Accidents During Summer

The warm temperature, the blue skies, the fresh air, these are elements that call to passionate motorcyclists. But even in the best of weather, they are a minority on the road, which makes them harder to spot for other vehicles. A split second can lead to serious injuries, seeing as the rider doesn’t have protection from the elements. According to the Insurance Information Institute, bikers are at much higher risk of dying in a collision than motorists.

Always paying attention when you’re on the road is probably the best place to start, but that’s not enough. There are more things you can do to help you ride safely during this summer. And if it does happen that you get into a situation, just approach a good motorcycle accident lawyer to help determine if you are at fault and if you have a case.

How To Avoid Accidents

Make Sure Other Drivers Can See You

Even though it should be expected of other drivers to notice you, it’s not always that easy. But you can make it easier by wearing special clothing and keeping the headlights on. You can even use equipment to make fellow drivers take notice, as long as you get their attention. This will greatly diminish the probability of an accident.

Take Some Classes

There are professional classes you can take, which will teach you how to handle the bike in dangerous conditions. And while learning to master your bike, you learn to react better and improve your awareness skills.

Respect The Speed Limit

Even though you know you’re a very capable driver, there’s no point in taking any risks. Also, you’re not just risking your own life when other drivers are involved in a speeding accident.

Stay Inside The Lane

One thing riders like to do is drive in between cars as they slow down at a red light. The last thing the cars up front are expecting is a motorcycle going by, which makes it a naturally dangerous situation. Stay in the middle of your lane and behind other traffic.

Stay Out Of Blind Spots

While driving alongside a big semi or transportation truck, make sure you stay out of their blind spots. Instead, you want to be able to see their mirrors and stay in their way. With such a big vehicle there are some spots that are incredibly hard to see, so make it as easy as you can.

Avoid Substance Abuse

This one sounds like a no-brainer, but it can’t be said enough. Getting drunk before starting the bike is a bad idea, and the same goes for substance abuse. You are in no condition to react to the situation, and odds are you’ll be the reason the accident happens. Don’t risk it.

In the end, there is no telling what’s going to happen on the open road, but it does help to take some precautions. And in the event of an accident during this summer, don’t hesitate in calling a motorcycle accident lawyer. In fact, why don’t you give us a call right now and get a free consultation scheduled?