Blogs

Monthly Archives: June 2021

Distracted Driving Updates in Texas 

By Jun 12, 2021 Posted in Personal Injury

Smartphones seem to do everything, except make us better drivers. In Texas and many other states, handheld devices are illegal. Texting or surfing the web and driving is definitely illegal, as some studies have shown distracted driving is more dangerous than drowsy driving. Unfortunately, the rise of digital technology has resulted in an increase of car accidents, and not just among young people. Despite digital ad campaigns and hefty tickets, people continue to drive distracted. If you were injured in a car accident as a result of a negligent distracted driver, the attorneys at Wham & Rogers, PLLC can assist with your claim. Distracted Driving Updates  In Texas, it is illegal to craft a text message or respond to receive messages, answer an email, scroll Instagram or Facebook, or make a phone call without Bluetooth technology. Any use of a handheld device is a violation of the statute. If ticketed, the driver is subject to a $60 fine and three points added to their license. If a driver is distracted and strikes another vehicle, pedestrian, or cyclist, they are liable for damages and injury caused to the victim. During discovery, a plaintiff’s attorney can request phone records from the defendant to determine if distracted driving was a potential cause. Sometimes the driver may admit fault at the scene, but this is extremely rare. Unfortunately distracted driving is linked to more and more collisions and even fatalities. Unlike the weather or mechanical malfunctioning, distracted driving is both predictable and preventable.  Next […]

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Hit and Run Car Accidents 

By Jun 12, 2021 Posted in Personal Injury

Were you in a car accident with a hit and run or phantom driver? You might think you are out of luck in placing liability on a person you cannot track down, but this is not always the case. Even if the driver cannot be identified or located, you can and should file a claim with your own insurance company due to your loss. If your insurance company denies you full coverage or does not reimburse you for your out-of-pockets, you can file a claim against your own insurer. Hit and Run Accidents in Texas  Leaving the scene of an accident in Texas is illegal. It is a crime with penalties ranging from six months in jail to ten years in prison, along with hefty fines. Knowingly leaving the scene after striking a pedestrian or cyclist or with knowledge that the collision caused bodily injury is heinous. Even leaving the scene of an accident only to return later is still illegal. If you were involved in an accident with a hit and run driver, you need to call the police immediately to file a damage report, seek medical treatment, and provide a description of the driver and/or the vehicle, and any damage sustained to their car due to the impact. The police can put out an all points bulletin and even notify regional authorities and the news media of the driver’s physical description and the description of the car. Often suspects are caught within a few days after their vehicle […]

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Sovereign Immunity and the Texas Tort Claims Act 

By Jun 12, 2021 Posted in Personal Injury

You are rear-ended by a distracted driver manning the wheel of a state-owned vehicle. It turns out that the defendant driver is on the clock driving between locations. Is the driver responsible for your property damages and injuries, or is his employer? How do you sue the state of Texas for an incident caused by one of their employees? The Texas Tort Claims Act governs personal injury cases brought against the State of Texas. Sovereign immunity is the principle that the state’s “coffers” must be guarded from unlawful seizure. In other words, states cannot be subject to all lawsuits or the state would constantly be involved in frivolous litigation. The Texas Tort Claim Act allows the State of Texas to be sued in certain cases including tort claims involving employees in the scope of employment.  Defining Scope of Employment  Defining the scope of employment has been the subject of case law in many states. Generally speaking, a defendant government or private employee is in the scope of employment while driving if traveling to a work location from a work location, delivering goods, or has express permission from the employer to drive the work vehicle. Usually exceptions to scope of employment include if a government or private worker with “take-home” privileges, takes the car out for a joy ride after work hours and gets in an accident, or drives the vehicle drunk and subsequently collides with another vehicle or pedestrian while intoxicated. In addition, unless granted express permission by their employer, […]

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