Straight Law Blog

4-year-old Boy Killed by Hit-and-Run Driver in Southeast Austin

Thu, 17 May 2012 08:00:00 GMT

A 4-year-old boy was struck and killed by a truck in Southeast Austin Wednesday night. The accident happened about 7:30 p.m. in the 4400 block of Lendall Lane, near William Cannon Drive east of IH-35. The driver of the truck attempted to flee but was apprehended nearby. He was charged with failure to stop and render aid.

It is unclear as to what led to this fatal accident. Unfortunately, the truck driver’s negligent driving may have led to this tragic accident. As a result, the child’s family members should immediately seek counsel from an experienced Austin car accident lawyer who can educate them about their legal rights to get compensation to cover funeral and burial costs, loss of anticipated earnings, loss of love, care and companionship, and other accident-related damages.

Everyone at our personal injury law office sends sincere condolences to the child’s family members and friends.

Earl K. Straight serves victims of Texas car and truck accidents in Austin, Round Rock, Bastrop, Cedar Park, Buda, Kyle, Taylor, and elsewhere in Travis County, Williamson County, Hays County, Lee County, and Burnet County, including accidents on I-35, Highway 1 (Mopac Expressway), Highway 183, and other Texas roadways. If you or a loved one has been killed or injured in an auto accident in the Austin area, please order your free copy of my book, Texas Accident Law and You, 8 Common Mistakes and How to Avoid Making Them, which will give you inside tips on how to handle the aftermath of your Austin area wreck.

Two Children Ejected, Four Hospitalized, in Intersection Collision in South Austin

Thu, 17 May 2012 08:00:00 GMT

Four people were injured, including two children ejected from their vehicle, when a car ran a red light and hit a minivan at an intersection in south Austin. A car traveling north on South Congress Avenue ran a red light, hitting a minivan traveling west on the Ben White Blvd. frontage road. All four victims were hospitalized.

It is unclear as to why the driver of the car ran the red light. Unfortunately, the car driver’s negligent driving may have led to this tragic accident. As a result, the injured victims should immediately seek counsel from an experienced Austin car accident lawyer who can educate them about their legal rights to get compensation for their medical bills, loss of anticipated earnings, pain and suffering, and other accident-related damages.

Everyone at our personal injury law office sends sincere condolences to the victims, and hopes for a speedy recovery.

Earl K. Straight serves victims of Texas car and truck accidents in Austin, Round Rock, Bastrop, Cedar Park, Buda, Kyle, Taylor, and elsewhere in Travis County, Williamson County, Hays County, Lee County, and Burnet County, including accidents on I-35, Highway 1 (Mopac Expressway), Highway 183, and other Texas roadways. If you or a loved one has been killed or injured in an auto accident in the Austin area, please order your free copy of my book, Texas Accident Law and You, 8 Common Mistakes and How to Avoid Making Them, which will give you inside tips on how to handle the aftermath of your Austin area wreck.

Woman Struck by Police Car in Downtown Austin

Thu, 17 May 2012 08:00:00 GMT

A woman was injured after being struck by a police car in downtown Austin. The police car was stopped at a red light at Seventh Street and San Jacinto Boulevard. The officer proceeded to make a right turn but did not see the pedestrian and struck her. The woman was taken to University Medical Center Brackenridge.

It is unclear as to what led to this auto-pedestrian accident. Unfortunately, the officer’s negligent driving may have led to this accident. As a result, the injured victim should immediately seek counsel from an experienced Austin car accident lawyer who can educate them about their legal rights to get compensation for their medical bills, loss of anticipated earnings, pain and suffering, and other accident-related damages.

Everyone at our personal injury law office sends sincere condolences to the victim, and hopes for a speedy recovery.

Earl K. Straight serves victims of Texas car and truck accidents in Austin, Round Rock, Bastrop, Cedar Park, Buda, Kyle, Taylor, and elsewhere in Travis County, Williamson County, Hays County, Lee County, and Burnet County, including accidents on I-35, Highway 1 (Mopac Expressway), Highway 183, and other Texas roadways. If you or a loved one has been killed or injured in an auto accident in the Austin area, please order your free copy of my book, Texas Accident Law and You, 8 Common Mistakes and How to Avoid Making Them, which will give you inside tips on how to handle the aftermath of your Austin area wreck.

Filing a Civil Suit After an Austin Car Crash: Is it for You?

Fri, 11 May 2012 08:00:00 GMT

Being involved in a car accident with injuries is a terrifying experience. One minute you’re thinking about making it to dinner on time, and the next minute you’re checking to see where you are bleeding.

There are several immediate things to do in the minutes and hours after a car accident. You are required to talk with the authorities, call your car insurance company, collect evidence and get medical attention. After all that dust has settled, most people just want to move on and put the whole thing behind them. How do you know if you should file a car crash civil lawsuit against the responsible driver?

Because there are short answers and long answers for this question, you should definitely discuss your options with a lawyer. The reason for a lawsuit is to recover compensation for any bills, injuries, missed work time and pain or suffering resulting from the accident.

If the other driver’s insurance company offers to cover medical bills and missed wages, that might sound like a good deal. However, they probably won’t offer, because they don’t stay in business by making your life easy. Second, whatever they do offer is going to be less than what you deserve.

You should not have to suffer mentally, physically, emotionally or financially for a car accident that wasn’t your fault. You should not be held responsible for damages, missed earnings or medical bills because of someone else’s negligence.

To further discuss your options for a lawsuit, contact an experienced Austin car crash lawyer. Straight Law offers free consultations to answer questions and concerns you may have following an accident. Order our FREE book, Texas Accident Law and You, available on our website.

Auto-Pedestrian Accident on Cesar Chavez Kills One, Injures Another

Fri, 11 May 2012 08:00:00 GMT

An auto-pedestrian accident on Monday afternoon on Cesar Chavez Street near Lamar has resulted in the death of one pedestrian and injuries to another. Joseph Rosales was driving east on Cesar Chavez Street when his car jumped the curb and entered the hike-and-bike trail where it struck the two pedestrians. Both pedestrians were taken to University Medical Center Brackenridge, where 80 year old John Griffith later died. The driver, Joseph Rosales, has stated he fell asleep at the wheel after being up all night. Mr. Rosales has been charged with manslaughter and failure to stop and render aid.

Although the case is still under investigation, the driver’s negligence may have led to this tragic accident. As a result, the John Griffiths’ family members should immediately seek counsel from an experienced Austin car accident lawyer who can educate them about their legal rights to get compensation to cover funeral and burial costs, loss of anticipated earnings, loss of love, care and companionship, and other accident-related damages.

The injured pedestrian may also file a personal injury claim to obtain compensation to cover medical, hospital and treatment cost, lost wages, pain and suffering, and other accident-related damages.

Everyone at our personal injury law office sends sincere condolences to the victim, his family members and friends. Our thoughts and prayers are with the injured pedestrian for a swift and complete recovery.
Earl K. Straight serves victims of Texas car and truck accidents in Austin, Round Rock, Bastrop, Cedar Park, Buda, Kyle, Taylor, and elsewhere in Travis County, Williamson County, Hays County, Lee County, and Burnet County, including accidents on I-35, Highway 1 (Mopac Expressway), Highway 183, and other Texas roadways. If you or a loved one has been killed or injured in an auto accident in the Austin area, please order your free copy of my book, Texas Accident Law and You, 8 Common Mistakes and How to Avoid Making Them, which will give you inside tips on how to handle the aftermath of your Austin area wreck.

One Man Killed and Two Children Injured in Collision with MetroRail Train

Tue, 01 May 2012 08:00:00 GMT

One man was killed and two children injured when the car they were in was struck by a Capital Metro train on Monday. Jeremy Louis Barta, 32, was pronounced dead at the scene, Austin police said. Two boys in the car were taken to Dell Children’s Medical Center. The southbound MetroRail train hit a white sedan at a dirt and gravel drive just south of Scofield Ridge Parkway in North Austin about 7:40 a.m. Monday, Capital Metro officials said.

It is unclear as to what led to this fatal accident, the investigation is ongoing. Mr. Barta’s family members should immediately seek counsel from an experienced Austin train crossing accident lawyer who can educate them about their legal rights to get compensation to cover funeral and burial costs, loss of anticipated earnings, loss of love, care and companionship, and other accident-related damages.

The injured passengers may also file a personal injury claim to obtain compensation to cover medical, hospital and treatment cost, lost wages, pain and suffering, and other accident-related damages.

Everyone at our personal injury law office sends sincere condolences to the victim, his family members and friends. Our thoughts and prayers are with the injured children for a swift and complete recovery.

Earl K. Straight serves victims of Texas car and truck accidents in Austin, Round Rock, Bastrop, Cedar Park, Buda, Kyle, Taylor, and elsewhere in Travis County, Williamson County, Hays County, Lee County, and Burnet County, including accidents on I-35, Highway 1 (Mopac Expressway), Highway 183, and other Texas roadways. If you or a loved one has been killed or injured in an auto accident in the Austin area, please order your free copy of my book, Texas Accident Law and You, 8 Common Mistakes and How to Avoid Making Them, which will give you inside tips on how to handle the aftermath of your Austin area wreck.

A man died after being run over by a Capital Metro bus on Crossing Place in Austin

Mon, 23 Apr 2012 08:00:00 GMT

A man died after being run over by a Capital Metro bus on Crossing Place in Austin. This was the second pedestrian death involving Capital Metro this year. The man, Andy Ching-Nien Wang, age 22, was taken to University Medical Center Brackenridge. Witnesses said he appeared intoxicated, and when he exited the bus at Crossing Place, he fell backwards under the bus as it was leaving. The victim, a student at the University of Texas, was from Katy, Texas.

Everyone at our personal injury law office sends sincere condolences to the victim’s family members and friends.

Earl K. Straight serves victims of Texas car and truck accidents in Austin, Round Rock, Bastrop, Cedar Park, Buda, Kyle, Taylor, and elsewhere in Travis County, Williamson County, Hays County, Lee County, and Burnet County, including accidents on I-35, Highway 1 (Mopac Expressway), Highway 183, and other Texas roadways. If you or a loved one has been killed or injured in an auto accident in the Austin area, please order your free copy of my book, Texas Accident Law and You, 8 Common Mistakes and How to Avoid Making Them, which will give you inside tips on how to handle the aftermath of your Austin area wreck.

What NOT to Do After a Texas Car Accident

Sun, 15 Apr 2012 08:00:00 GMT

People are generally aware of what actions to take after a car accident. You are supposed to take pictures, call the police and call your own insurance company. Also don’t forget a full check-up from the doctor to make sure there are not any hidden injuries.

Just as important as the things on your to-do list are the things NOT to do after an Austin car wreck. These innocent mistakes cost you dearly when it comes time to determine compensation from the other driver’s insurance company:

DO NOT sign any statements or records. Any information you sign or any insurance company deals you agree to will hurt you in the long run. The insurance company has one motivation: to keep their money in their pocket and out of your bank account.
DO NOT lie about the accident. Presenting any false information is detrimental to your case and will cost you dearly. If the details are still fuzzy and you cannot remember clearly, take time to think before making detailed report.
DO NOT fabricate injuries. If you exaggerate pain or injuries, the insurance company will use that against you. Your case will lose all credibility.
DO NOT misplace receipts or bills. Car repair bills and medical costs should always be kept on record. Losing track of that information makes it hard to get compensation for the money you’ve spent due to the accident.
DO NOT seek compensation without legal representation. A lawyer makes sure you get the full amount that you deserve. Insurance companies do not want to pay you money. They will do whatever they can to pay as little as possible.

Navigating the waters after a car accident can be tricky and costly. An experienced Austin car accident attorney will get you the full compensation you deserve. Contact the office of Straight Law at 512-454-1331 for a free consultation. Our book, Texas Accident Law and You, is available to order free online.

Three Reasons Not to Give a Recorded Statement After a Truck Crash

Sat, 14 Apr 2012 08:00:00 GMT

Being involved in a crash with a semi truck is a terrifying experience. Whether on the highway or in your neighborhood, the size and power of a truck is overwhelming for a passenger vehicle. After the accident, you will be required to provide information to multiple agencies. From police officers to insurance agents, you will be questioned regarding the events of the incident. It is important to accurately and factually give your side of the story. However, in certain circumstances it is better to wait before you speak.

The trucker’s insurance company might contact you the same day or the next day to ask how you are feeling. Unfortunately, they do not care how you are feeling. They just want it on tape that you are not extremely injured. However, it is important to remember that pain can build up over time. Your body might not seem injured right away. Going back to work after a few days’ rest might excite the injury that you legitimately sustained in the accident.

Here are three reasons not to give a recorded statement to the trucker’s insurance company:

Your statement can be used against you in the court of law. If they have you on record saying you weren’t injured, even though you really were, it will hurt your case. They can discredit your claim and make it look like you are chasing money.
Injuries can take time to present. Symptoms of an injury sometimes take a few days to show. Your back may feel fine the next day, but two days later you reach down for the newspaper and pull your back. The courts might not accept the story after having you on record saying you’re not injured.
They can manipulate your statement. An insurance adjuster for the trucker is not on your side. He will ask you weighted questions to get you to say what he wants.

Helping the authorities on the scene is one thing, but giving insurance companies ammunition to use against you is completely different.

If you need help navigating the chaotic times after an Austin car accident, contact an experienced Austin tractor-trailer crash lawyer. The office of Straight Law will meet with you for a free consultation to look at your case. Order our free book available online, Texas Accident Law and You.

Making An Injury Claim in a Low Speed Crash

Wed, 11 Apr 2012 08:00:00 GMT

Low speed crashes or minor property damage accidents are often cited by insurance companies as justification to deny an injury claim. Insurance companies usually define this type of accident by the amount of damage done to your vehicle, based on the repair estimate. Every company has their own threshold as to what constitutes a low speed or minor property damage claim, but based on what I see currently in the Austin area, if your vehicle has incurred damages of less than $1500, you can probably expect to hear the adjustor raise this defense.

A six year study of low speed crashes (defined as crashes where no vehicles are traveling over 10 mph) by the Florida Dept. of Highway Safety and Motor Vehicles has some eye-opening statistics. From 1994-1999, there were 333,769 such accidents, resulting in 280,515 injuries. The study does not specify the type or severity of the injuries, but it does note that there were 1910 fatalities. Thus, of the total number of low speed crashes, 84% resulted in an injury, and 1910 of those injuries resulted in death.

Earl K. Straight serves victims of Texas car and truck accidents in Austin, Round Rock, Bastrop, Cedar Park, Buda, Kyle, Taylor, and elsewhere in Travis County, Williamson County, Hays County, Lee County, and Burnet County, including accidents on I-35, Highway 1 (Mopac Expressway), Highway 183, and other Texas roadways. If you or a loved one has been killed or injured in an auto accident in the Austin area, please order your free copy of my book, Texas Accident Law and You, 8 Common Mistakes and How to Avoid Making Them, which will give you inside tips on how to handle the aftermath of your Austin area wreck.

How to Drive With No Blind Spots

Tue, 10 Apr 2012 08:00:00 GMT

To check a car’s blind spot, drivers have to check their mirrors and turn around to look behind them. Even casually looking over your shoulder for a second provides enough time for a negligent driver to cut you off, causing a car crash. Fortunately, there is a way to drive with zero blind spots. Implementing the following tips removes the need for turning around. Do these things while parked, of course.

Step One: Put your head right up against the driver’s side window, directly sideways from where it would be while driving. Turn the mirror out until you can just barely see the side of the car through the mirror.

Step Two: Put your head in the middle of the car, leaning directly sideways from where you would be while driving. Turn the passenger’s side mirror out until you can barely see the side of the car.

Step Three: Make sure the rear-view mirror is centered so that you can see both sides of the window out the back.

Step Four: Park on a road that gets cars regularly. Watch a car approach through the rear-view mirror. As it approaches, follow it from the rear-view, to the driver’s side mirror, to the peripheral vision. The car should be visible at all times. Adjust the mirrors until a car never disappears.

One problem with this is judging how far back a car is. You can see it coming for a while, so knowing if you have space to merge is difficult at first. You can turn your head back to see the car to “calibrate” your judgment of available space in the next lane. It is somewhat difficult getting used to this new view. Once it becomes normal, driving is safer. Cars are never in your blind spot, and you never have to turn your body to see who is coming.

For further tips on how to drive safely, or any questions regarding accidents, contact an experienced Austin car wreck lawyer. The lawyers of Straight Law provide free consultations to discuss your case. Order our book, Texas Accident Law and You, available for free online.

Tired Driving Just as Deadly as Drunk Driving

Mon, 02 Apr 2012 08:00:00 GMT

You have undoubtedly heard about how deadly drunk driving is in Texas. There are even campaigns explaining that buzzed driving is just as problematic as drunk driving. While these issues are incredibly dangerous, another hazardous driving practice often goes unnoticed: drowsy driving. Several deaths have been linked to drowsy driving in recent years as drivers fall asleep behind the wheel and veer off the road.

The health benefits of getting enough sleep are well documented. Saving drivers’ lives ranks among the advantages of being well-rested. About 50% of people have admitted to driving while they know they are too sleepy to do so. Almost half of drowsy drivers have admitted to actually falling asleep behind the wheel.

It is recommended that people who average less than seven hours of sleep take extra care while driving. Even more care is needed when a previous night’s sleep was not sufficient. On long road trips, drivers should stop every two hours to rest the body and brain. Frequent breaks also prevent the driver from falling into a driving coma. It has also been reported that drivers up to 24 years old are twice as likely to be involved in drowsy-induced car accidents.

As with drunk driving, drowsy drivers who cause car accidents are responsible for the damages and injuries sustained while they’re behind the wheel. Falling asleep while driving is not only potentially deadly for the sleepy driver, it is a serious offense. It can lead to massive fines, revoking of a driver’s license and even jail time. Make sure you are prepared to drive safely every time you take a seat behind the wheel.

For further information regarding accidents involving drowsy driving, contact an experienced Austin car crash lawyer at Straight Law. Call today at 512-454-1331 to arrange your free consultation to discuss your options after an accident. Fill out the form on this website to order your FREE copy of our book, Texas Accident Law and You.

Safety Is Sacrificed When Truckers Are Paid by the Mile

Mon, 02 Apr 2012 08:00:00 GMT

While driving down the highway, we have all seen the advertisements on the back of trucks that say the company is hiring experienced drivers. Truck drivers are almost always paid in cents per mile. This means, the more Texas truck drivers drive, the more they are paid.

In one line of thinking, this makes sense. The driver is being paid to drive and transport goods, so the farther they drive, the better. However, there are numerous downsides to this method.

Paying truck drivers by the mile encourages poor driving. In order to cover more ground, the drivers drive faster. Trucks that exceed the speed limit do so at the expense of safety. Another concern is that drivers sacrifice sleep to spend more time on the road. Higher speeds and sleep deprivation are two of the major killers on the road.

Many people argue that paying truck drivers by the mile directly leads to dangerous driving. The unsafe driving practices then result in more deaths on the highway.

Compared to cars, semi-trucks are larger and much heavier. Therefore when a truck is involved in a highway accident, there is greater damage and a higher fatality rate. Trucks are even more dangerous when driven at higher speeds. They are harder to control, harder to stop and harder to avoid than usual.

There is one possible change that could keep highways safe without drastically altering the way trucking companies operate. If the Department of Transportation enforced a maximum number of miles per week, it would cut down on unsafe driving practices. Such a rule would keep goods moving, keep drivers paid, and keep the highways safer.

Have you been involved in a truck accident that you feel was caused by reckless driving? For help, contact an Austin truck crash lawyer at 512-454-1331. Straight Law offers free consultations to see if you have a case. We are pleased to offer you our FREE book, Texas Accident Law and You.

Austin Car Crash Lawyer: Who's at Risk for Drowsy Driving and When?

Sat, 31 Mar 2012 08:00:00 GMT

As a compassionate, knowledgeable Austin car crash lawyer will tell you, thinking about accident prevention is absolutely critical. Studies conducted by the American Automobile Association (AAA) and National Highway Traffic and Safety Administration show that drowsy driving is a huge problem in America – one that costs us 12.5 billion dollars and takes the lives of 1,550 citizens annually. So what are the risk factors for falling asleep behind the wheel?

Driving while young. A National Sleep Foundation Poll found that young drivers (between the ages of 18 and 29) are far more likely than older drivers to fall asleep behind the wheel. It sounds counterintuitive. You might think that senior drivers (65 and over) would be more at risk. But the NSF poll found decisively the opposite. 71% of drowsy drivers in the NSF poll came from the 18 to 29 demographic.

Being male. This doubles your risk.

Having children. This increases risk by nearly 33%.

Working a shift job. This increases risk by around 40%.

Driving during certain hours. The worst time for drowsy driving are 12 to 2 am, 4 to 6 am, and 2 to 4 pm (the “napping hours”).

The less you sleep, the greater your risk for crashing. An AAA study, for instance, found that drivers who slept five hours a night (or less) increased their risk of crashing by five-fold. Meanwhile, a study out of Australia found that drivers who stayed awake for 24 hours had a level of impairment that exceeded the level of impairment for a DUI driver.

What should you do if someone you love was hurt in a drowsy driving accident in Austin?

The respected team here at Straight Law can help you understand your options and bring a claim against a drowsy motorist or that motorist’s insurance company. Find more about your rights under Austin accident law here on our site, or download our free e-book, Texas Accident Law and You, to get a clear and simple picture of your rights.

Dangerous Drivers Cause Austin Auto Accidents

Thu, 29 Mar 2012 08:00:00 GMT

In the April issue of Men’s Health Magazine, the magazine ranks the cities that have the most dangerous drivers. You may be surprised to find out that out of the 100 cities ranked, Austin was ranked as one of the ten worst—one of the ten most dangerous places to drive. The magazine analyzed the fatal car crash rate, including speeding, hit and runs, and alcohol related fatalities.

An Austin auto accident can happen to anyone, but there are certain driving behaviors that can put you and others at an elevated risk.

Are you wondering whether or not you have the attributes of a dangerous Austin driver? Here is what you can do to not be one of these dangerous drivers:

Don’t be distracted – A very common cause of severe car accidents is distracted driving. Distracted driving can include using your cell phone for calls or texting, eating in your car, or even putting on your makeup.
Come to a complete stop – No matter how busy the intersection, always come to a complete stop at a stop light, flashing red light, or stop sign. Not coming to a complete stop can lead to T-bone collisions or pedestrian-car accidents.
Use your signals – Using your turn signal or emergency hazard lights can help other drivers anticipate your moves.
Don’t drive intoxicated – Being intoxicated and driving is a major cause of roadway fatalities. Be safe and drive sober.
Don’t tailgate – Following too closely does not provide enough time to take evasive action. Keep your distance and stay safe.

Dangerous driving can happen to even the most defensive driver. If you have been injured in an Austin auto accident, Straight Law can help. Call one of our experienced lawyers today to schedule a free consultation at 512.454.1331. Mr. Straight has also authored a book, called Texas Accident Law and You: 8 Common Mistakes and How to Avoid Making Them, that can help answer your questions.

One Killed, Two Seriously Injured in Fiery Wreck at Texas 130 and Maha Loop in Southeastern Travis County

Thu, 29 Mar 2012 08:00:00 GMT

One killed, two seriously injured in fiery wreck at Texas 130 and Maha Loop in southeastern Travis County. State troopers said a BMW disregarded a stop sign before crashing into a gasoline tanker truck. The tanker truck rolled over and burst into flames. The driver of the tanker, Royce Dedrick Brooks, of San Antonio, was killed. The driver of the BMW, Hernan Garcia-Segura, and his passenger, Alicia Garcia-Segura, were taken to University Medical Center Brackenridge.

The investigation is continuing as to what caused this deadly rollover accident. Unfortunately, the BMW driver’s negligence may have led to this tragic accident. As a result, the tanker driver’s family members should immediately seek counsel from an experienced Austin wrongful death lawyer who can educate them about their legal rights to get compensation to cover funeral and burial costs, loss of anticipated earnings, loss of love, care and companionship, and other accident-related damages.

Everyone at our personal injury law office sends sincere condolences to the victim, his family members and friends. Our thoughts and prayers are with the injured parties for a swift and complete recovery.

Earl K. Straight serves victims of Texas car and truck accidents in Austin, Round Rock, Bastrop, Cedar Park, Buda, Kyle, Taylor, and elsewhere in Travis County, Williamson County, Hays County, Lee County, and Burnet County, including accidents on I-35, Highway 1 (Mopac Expressway), Highway 183, and other Texas roadways. If you or a loved one has been killed or injured in an auto accident in the Austin area, please order your free copy of my book, Texas Accident Law and You, 8 Common Mistakes and How to Avoid Making Them, which will give you inside tips on how to handle the aftermath of your Austin area wreck.

Recovering the Sentimental Value of a Family Pet Killed in an Accident

Thu, 29 Mar 2012 08:00:00 GMT

Dogs can be injured or killed when riding in a vehicle that is involved in an accident. Vet bills incurred to treat an injured dog are normally recoverable against the at-fault party. But if a dog is killed, can the owner be compensated for the sentimental value of the dog?

The established law in Texas has always been that an owner can only recover the market value, if any, of a dog. Since the great majority of dogs are simply family pets, they have very little market value. Intrinsic, or sentimental, value could not be recovered. Until now.

A new case allows compensation for the sentimental value of a pet (in this case a dog was involved, but the ruling applies to any household pet). The court noted that a claim could be made for the sentimental value of a photo of the family pet, but not for the pet itself. They rejected that irrational argument and allowed recovery for the sentimental value of a pet.

This is an opinion from one Court of Appeals, and it is in conflict with other Courts of Appeals’ opinions, so it may not be accepted as the law of the land unless and until the Texas Supreme Court rules on the issue. But for now, a good argument can be made that the family pet is worth much more than just its replacement cost, a victory for all animal lovers.

Austin Car Crash Lawyer on Dangers of Drowsy Driving

Sun, 25 Mar 2012 08:00:00 GMT

It can happen to even the most careful driver. You get busy, don’t get enough sleep, and find yourself nearly dosing off while you drive. This is an incredibly dangerous situation—much more dangerous, in fact, than many believe or realize.

If you have been in an accident and had resulting injuries, call Austin car crash lawyer Earl Straight at 512.454.1331. Mr. Straight is here to help you with your car accident case.

Some studies report that being drowsy and driving is as dangerous, if not more dangerous, than driving with a blood alcohol level above the legal limit. If you have never heard this before, it can be quite alarming and hopefully alarming enough to prevent you from driving while drowsy.

Some drivers try to drive through their tiredness, but this can be a fatal mistake. If you find yourself feeling tired, here is what you can do:

Ask a passenger to take a turn driving so that you can rest
Consider pulling over and sleeping in a rest area
If you need to, use a roadside motel or hotel to get the rest you need
Or just pull over your car where it is safe to and try to take a 20 minute nap

This is such a dangerous driving behavior that in some states harsh laws have been enacted to address those drivers who cause an accident because of tiredness. Don’t be careless. Get the sleep you need and keep the roadway safe.

If you have more questions about roadway accidents and the process that follows, check out Mr. Straight’s online book: Texas Accident Law and You: 8 Common Mistakes and How to Avoid Making Them.

Five People Injured in Elgin Wreck

Wed, 21 Mar 2012 08:00:00 GMT

Five people injured in Elgin wreck. According to Elgin police, a pickup travelling north on County Line Road crossed the intersection with Hwy. 290 on a green light, and was struck by a Nissan Armada which failed to stop at a red light. Two passengers in the Nissan were ejected, one of whom suffered life-threatening injuries. A Star Flight helicopter transported three of the Nissan passengers to University Medical Center Brackenridge. Two others in the Nissan were transported by ambulance to Brackenridge. Although officers found beer cans in the Nissan, the investigation is ongoing.

It is unclear as to what caused this serious car wreck. Unfortunately, the Nissan driver’s negligent driving may have led to this tragic accident. As a result, the passengers’ family members should immediately seek counsel from an experienced Austin car accident lawyer who can educate them about their legal rights to get compensation to cover medical, hospital and treatment cost, lost wages, pain and suffering, and other accident-related damages.

Everyone at our personal injury law office sends sincere condolences to all the victims, their family members and friends. Our thoughts and prayers are with all the victims for a swift and complete recovery.

Earl K. Straight serves victims of Texas car and truck accidents in Austin, Round Rock, Bastrop, Cedar Park, Buda, Kyle, Taylor, and elsewhere in Travis County, Williamson County, Hays County, Lee County, and Burnet County, including accidents on I-35, Highway 1 (Mopac Expressway), Highway 183, and other Texas roadways. If you or a loved one has been killed or injured in an auto accident in the Austin area, please order your free copy of my book, Texas Accident Law and You, 8 Common Mistakes and How to Avoid Making Them, which will give you inside tips on how to handle the aftermath of your Austin area wreck.

Use the 2 Second Rule to Help Avoid a Travis County Car Crash

Tue, 20 Mar 2012 08:00:00 GMT

Have you ever found yourself driving on a busy road, wondering if you are following the person in front of you too closely? If so, the 2 second rule is a perfect way to help your remember how far you should be from the vehicle in front of you and can help keep you from getting into a Travis County car crash.

The two-second rule is meant to be a rule-of-thumb technique. Basically, the rule is designed to allow you to have a minimum of 2 seconds between you and the vehicle that you are following. With this rule, the distance will increase as you travel faster and faster. This will allow you to have enough time and distance to take evasive action. It may not, however, provide enough time for you to come to a complete stop. So, if the road is especially crowded or if road conditions worsen, make sure to increase the following time.

As for how to use this rule, here is a short set of instructions:

Identify a road side landmark and use this landmark as a point of reference for counting.
Start counting when the back of the car in front of you reaches the landmark.
Stop counting when the front of your car reaches the landmark.
Reduce your speed if the time is less than two seconds.

Despite how carefully you drive, accidents can still happen. If you or a loved one has been injured in a Travis County car crash, schedule a free appointment with Mr. Straight. He can be reached at 512.454.1331. Make sure to also download Mr. Straight’s book, Texas Accident Law and You: 8 Common Mistakes and How to Avoid Making Them.