Austin Bans Use of Hand-Held Cell Phones While Driving

Yesterday, the Austin City Council adopted a ban on drivers using hand held electronic devices, including cell phones.  The ban, to go into effect on January 1, 2015, doe contain exceptions for hands-free devices and for 911 or other emergency calls.  You can read more about the ban in this article by KXAN.

I have some mixed feelings about this.  On the one hand, I see these problems daily, and I preach about the dangers of distracted driving, including the curse of texting while driving, and, overall, I’m in favor of the ban.  On the other hand, I’m a bit concerned that this might be overreaching.  Talking on cell phones has become accepted, and it’s hard to legislate away such accepted conduct.

I hope the biggest effect of the ban is that we don’t have to see so many people texting while driving.  Police officers think the overall ban will make it easier to enforce existing texting while driving bans, and I certainly think that’s a good idea.

Can I Sue A Day Care For Neglect?

Yes.  Texas law allows parents to sue a day care for neglect of a child.

Unfortunately, many kids suffer injuries while they are entrusted to care workers at day care.  These injuries can occur from neglect, abuse or improper supervision of the children.  Your rights and remedies often depend on the exact facts of your case.

Fortunately for those required to make claims, Texas law requires most day care operators to carry liability insurance that pays at least $300,000 per occurrence.  However, there are some broad exceptions, including exceptions when a day care operator can’t purchase insurance for financial reasons or when the day care can’t find a company to underwrite its coverage.  If you’re looking around at day cares, make sure to ask whether the day cares you are considering have insurance coverage.

Be Aware In Crosswalks

Pedestrian sign 2I was really ticked off yesterday.

As I was driving home, I was approaching a crosswalk.  Normally, there isn’t anyone at the crosswalk, but yesterday someone was there waiting to cross (actually, one of my daughter’s dance teammates crossing to go to her dance studio).

I stopped so that she could cross the street, and no less than eight vehicles went around me on the right, driving in the bike lane,  before the person behind me also stopped, allowing the pedestrian to cross the street.

This follows an incident this weekend when I was stopped to make a left hand turn, waiting for a pedestrian to cross the street (while the pedestrian had a white “walk” signal no less), and the people behind me thought they would be cute and turn left behind me, coming within a foot of hitting the pedestrian.

Not only is this type of driving inconsiderate and dangerous, in Texas, it’s illegal.

Section 552.003 of the Texas Transportation Code requires drivers to yield the right of way to pedestrians who are crossing in a crosswalk when there’s no traffic signal in place.

As drivers, you need to know the law and yield to pedestrians.  That’s especially true as school is back in session and young kids are now using crosswalks to get to/from school or to/from their bus stops.    I just see too many cases where pedestrians suffer serious injuries because drivers don’t have the simple courtesy to follow the law.

Unfortunately, I don’t see this law enforced very often.  I hope APD or someone else do what they need to do to minimize the risks for these situations.

 

Back to School — Be Safe In School Zones

school busFor those of us in Austin, today is the first day of the new school  year.  As always, we need to mindful of school zones, especially the prohibition against cell phone use in school zones.

This year, the Austin Police Department is helping remind us, and perhaps not the easy way.  I heard a report this morning that for the next two weeks or so every Austin Police Department motorcycle officer would be deployed to school zones around the city.

Don’t have an unexpected meet-up with one of these officers.  Obey the speed limits, stay off your cell phone, don’t pass buses that are loading or unloading children, and stay safe.

Don’t Let Facebook (or Twitter, or Instagram, or other social media) Ruin Your Personal Injury Claim

facebookAn increasing trend in personal injury litigation is for insurance companies and their lawyers trying to gain access to your social networking sites.  Sometimes this includes the use of trickery to get access to your information.    Once there, they’ll take statements or photos entirely out of context to try and argue that you’re not as hurt as you claim.

I’ve never had a client harmed by social media, but I don’t want you to be the first.

Some attorneys suggest that their clients cease all use of social media while the client’s case is pending.  While that would be nice, I also think it’s unrealistic.  I know social media has become a part of culture and life.

So if you’re going to continue to use social media, here are a few guidelines that can help you not ruin your case.

1.  Don’t discuss your case in any fashion on a social networking site.

2. Don’t mention activities you’re involved in; no talking about hobbies, vacations, etc.

3. Don’t post photos of yourself.  Trust me, they’ll be taken out of context in ways you can never imagine.

4. Keep your privacy settings strong.

5. Don’t allow a new “friend” unless you absolutely know who they are and trust them.  There are repeated stories of insurance company representatives trying to “friend” injured persons to get access to the injured persons’ social media sites.

These are just general guidelines.  If you are injured and want more specific advice, feel free to call us or contact us.

NCAA Settles Its Own Concussion Lawsuit

I’ve written often about the lawsuits between the NFL and former professional football players regarding their concussions.  Now, the NCAA is settling (or at least trying to settle) its own lawsuit about sports-related concussions.

Under the proposed class action settlement, the NCAA will fund a $70 million pool of money to pay for former college athletes to undergo testing to determine whether they have brain injuries.  The settlement will also have the NCAA set mandated “return to play” policy that all schools must follow instead of letting each school have its own policy.  This would obviously help protect athletes in the future.

The settlement does not pay the athletes any damages for their concussions.  Instead, the athletes would still have to sue their former schools or other parties to recover those damages.  The test results that the NCAA is funding might be able to play a part in the eventual lawsuits.

This settlement is a long way from being final.  It has to be approved by a judge and there are a number of people who intend to object to the settlement on various grounds.  We’ll try to keep you posted because I think these type of developments are crucial to bringing public light to head injuries and they also help lead to better protocol for all levels of sports, not just colleges.

 

Here’s an ESPN news story about the settlement.

Perlmutter & Schuelke, PLLC maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke


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