The category “large trucks” is, well, a large one. It includes every truck from a 10,000-pound box truck for local deliveries to an 80,000-pound, thirteen-foot-tall tractor-trailer.
One thing all these trucks have in common is their ability to outweigh a passenger vehicle by several tons. When a car, pickup, or minivan collides with a large truck, the passengers in the smaller vehicle usually suffer the worst of the crash.
But you can help yourself avoid becoming a statistic. Here are three ways to drive more safely around large trucks:

1. Pass safely.
Large trucks have large blind spots – big enough to fit most passenger vehicles inside easily. These blind spots appear on both sides of the truck as well as directly in front of and behind it.
To pass a large truck safely:
• Pass on the left, never on the right.
• Maintain a steady speed so the driver can more easily “track” as you pass through the blind spot.
• Wait to move into the lane in front of the truck until you can see the truck’s entire front grill and headlights in your rearview mirror.

2. Give them extra space.
Create a following distance of at least four seconds between you and a truck that is in front of you. The extra space allows you to see what’s on the road ahead, and it gives you time to get out of the way if the truck brakes suddenly, swerves, has a tire blowout, or is buffeted by a high wind. Make sure your following distance lets you see the truck’s mirrors: if you can’t see the mirrors, the driver cannot see you.

3. Stay alert.
You’re driving the smaller vehicle, which means that you have the advantage in an emergency when it comes to quick braking, swerving, or turning. Use this fact to keep both yourself and the truck driver safer by staying alert as you approach or pass large trucks. Make it your goal to pass quickly, so that the truck’s driver sees you for the maximum amount of time. Of course, in a construction zone, never try to pass a truck – just maintain a steady, legal speed, and keep your eyes peeled for road hazards.

Shaw Cowart has the best Austin, Texas Semi-Truck Crash Attorneys with a highly effective and experienced team determined to fight for your rights, and ensure that you and your family receive the compensation you deserve. Contact Shaw Cowart today for a free consultation.

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Since a special appearance filed under Texas Rule of Civil Procedure 120a seeks to challenge the court’s personal jurisdiction over the defendant in a case, the merits of the special appearance argument focus on the basis for jurisdiction. Generally speaking, the plaintiff is responsible for asserting the basis or bases for jurisdiction, and the defendant is responsible for negating every basis the plaintiff raises.

The plaintiff must plead, in the complaint, allegations that are sufficient to trigger Texas’s “long-arm” statute for jurisdiction. When a defendant is not personally in Texas and has no property there, the basis for long-arm jurisdiction is typically found in one of three allegations:

• The defendant contracted some type of business (by mail or other means) with a Texas resident, and part or all of the contract is to be carried out in Texas,
• The defendant committed a tort, in whole or in part, in Texas, or
• The defendant was recruiting Texas residents for employment, whether in Texas or elsewhere.

These allegations will be sufficient for jurisdiction if they meet the requirements of state and federal due process. For due process purposes, personal jurisdiction exists when the defendant has “minimum contacts” with the state, and jurisdiction meets “traditional notions of fair play and substantial justice.”

Once the plaintiff asserts the basis for jurisdiction over a defendant who doesn’t live or have property in Texas, it is up to that defendant to negate every basis for jurisdiction that the plaintiff has alleged. The defendant can invoke either law or fact, or both, to do this. To rely on facts, the defendant will need to present evidence (often attached to the motion for special appearance); to make a legal argument, the defendant will need to show that there is no basis in law for jurisdiction, even if all the facts the plaintiff alleges are true.

The specific arguments will vary depending on the particular facts of each case. However, it is not unusual for a defendant to take a “belt and suspenders” approach by attempting to negate an alleged basis for jurisdiction on both the law and the facts. These arguments typically take the form of “Plaintiff’s facts are not true, but even if they were, they wouldn’t be enough for the court to exercise jurisdiction.”

For a free initial consultation on a personal injury or business defense matter, call the Austin office of Shaw Cowart LLP at 512-499-8900 or reach our experienced lawyers through our online contact form.

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Whenever you get in your car, chances are that you’ll share a stretch of road with a tractor-trailer or other large trucks. These trucks account for a significant number of the vehicle miles driven each year – and their large size, weight, and other factors make them a big danger in an accident.

To drive safely around large trucks, it helps to understand the road from the truck driver’s perspective. Here’s a glimpse into what it’s like to navigate one of these massive vehicles – and what you can do, as a driver, to make sure truckers can get around safely.

1. They can’t see as well as you do.

Trucks have multiple blind spots, and those blind spots are big enough to fit a passenger vehicle inside. Both sides of the truck, as well as the space immediately in front of or behind the truck, are “blind” to the driver. Although the truck’s mirrors help, they aren’t the same as being able to look out the window.

2. Their stopping distance is much longer than yours.

A fully-loaded tractor-trailer may weigh up to 80,000 pounds. When that weight is traveling at 65 miles per hour, it generates a lot of momentum – which means it needs a lot more space to slow down and stop. A truck might need up to 200 yards, or the length of two football fields, to come to a complete stop. And, since a truck’s brakes are powered by air, “stomping” the brake for a quick slowdown or maneuver simply isn’t an option.

3. They’re vulnerable to high winds.

Most passenger vehicles are about five or six feet tall, and they’re designed to be aerodynamic, to improve gas mileage and cut down on wind “shear.”  Large trucks, however, are thirteen feet tall – and they’re basically big boxes. As a result, trucks are harder to control in a high wind.

4. They make much wider turns than you might expect.

Thanks to their size and their pivot points, trucks need to make very wide turns, especially when they are turning right. Luckily, there’s an easy way to make sure you’re out of a truck’s way in an intersection: always stop behind the white line. Truck drivers aim for the edge of this line when they turn, so if you’re behind it, you’ll nearly always be out of the way.

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A special appearance challenges a court’s personal jurisdiction over a defendant in Texas. Unlike many other types of pleadings or motions, the timing of the special appearance is essential.

Generally speaking, the special appearance must be filed as the first responsive pleading or as part of the first responsive pleading. In other words, when the defendant receives a complaint, the special appearance must come either before an answer or a motion to dismiss, or as part of an answer or motion to dismiss. If the defendant files another pleading instead of a special appearance, the court may interpret that filing as the defendant’s agreement that the court has jurisdiction.

In addition, the defendant must request and obtain a hearing and a ruling on the special appearance before attempting to address any other issue in the case, under Texas Rule of Civil Procedure 120a(2).

Understanding what does and does not suffice to waive a special appearance can be challenging. Generally speaking, the special appearance is considered waived (i.e. the defendant has agreed that the court has jurisdiction) if the defendant asks the court to do anything that would be inconsistent with the jurisdictional challenge.

It follows, then, that defendants may generally proceed with the special appearance without waiving it: the question “does this court have jurisdiction over this person?” has to be answered before the rest of the case can be addressed.

In past cases, courts have found that defendants can do things like the following without waiving their challenge of the court’s jurisdiction:

• Enter a Rule 11 agreement to reschedule a hearing or extend the pleading deadline,
• Request a single judge and a complex case assignment,
• Move to strike plaintiff’s amended pleading, if it focuses solely on the plaintiff’s jurisdictional allegations,
• Motion to defer hearing, unless its goal is to further a decision on the merits,
• Challenging the method of service in the special pleading.

However, cases have also found that actions like the following may result in waiver:

• Motion to strike allegations or causes of action,
• Moving for a continuance to obtain evidence that goes to the merits of the case, such as DNA testing in a paternity suit,

Motion to set aside a default judgment and grant new trial, when the motion stated the defendant was ready for trial.

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In some lawsuits that are filed in Texas, the defendant wishes to contest the state court’s jurisdiction over his or her person or property. To do this, the defendant must file a “special appearance” according to the rules laid out in Texas Rule of Civil Procedure 120a.

Special appearances are most often filed by defendants who are not residents of Texas, especially if they also have no property within the state. The Due Process Clause of the U.S. Constitution protects U.S. citizens from being hauled into a court unless they have a meaningful contact, tie, or business relationship with the place in which the court has jurisdiction.

Generally speaking, special appearances must be filed before any other pleadings or motions (such as an answer or a motion to dismiss) are filed. If another pleading or motion is filed first, the court may interpret it as a waiver of the right to contest jurisdiction.

Rule 120a first requires a special appearance to be part of a sworn motion. Although most motions contain the words “special appearance” in the title, generally speaking, a court will acknowledge the motion as one for special appearance as long as it challenges the court’s personal jurisdiction.

In most motions for special appearance, the defendant will “swear” the motion. However, even if the motion is filed without being sworn, this problem can generally be cured by invoking Rule 120a(1), which allows amendments to cure defects and which does not set a deadline on filing these amendments. Nevertheless, it is best to have the motion sworn properly before it is filed as well as double-checked to ensure it meets the other requirements of Rule 120a. Not all defects in a motion for special appearance can be cured after the fact: an untimely filing, for instance, may be incurable, as may a special appearance that does not give sufficient notice of its goal: to challenge personal jurisdiction.

A special appearance should not be confused with a motion to quash service or a plea to the jurisdiction. In a motion to quash service, the goal is a new citation. In a plea to the jurisdiction, the defendant challenges whether the court has jurisdiction to hear the subject matter at issue in the case – not whether the court has the power to call the defendant into court. Please reach out to an Austin personal injury attorney to discuss your case today.

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Under the Texas Uniform Trade Secrets Act (TUTSA), as well as under the common law, information could be treated as a “trade secret” only if it met two criteria: it wasn’t “generally known” or “readily ascertainable” to those who could benefit from it, and its owner took reasonable efforts, given the circumstances, to protect the secrecy of the information.

The TUTSA applies to misappropriations of trade secrets that occur on or after September 1, 2013. Those that occurred before that date are governed by the common law. While common law on trade secrets in Texas provides several ways to weigh whether or not “reasonable efforts” were made to protect a trade secret, the TUTSA does not provide specific guidance on how to tell when efforts to protect information are “reasonable.”

Under the common law, “reasonable efforts” might include taking steps like:

• Informing employees that the information is a trade secret, and training them on how to handle it appropriately,
• Limiting employee access to a trade secret to those who “need to know,” or
• Controlling plant or office access in order to reduce the number of people who might come into contact with the secret information.

Generally speaking, Texas courts have not held that a trade secret must be kept secret from the entire world. Instead, courts have held that the owners of a trade secret may disclose it to certain other people, as long as steps are taken to maintain boundaries around who may know the secret information. For instance, courts have held that employees, potential partners, and licensees may all be given access to a trade secret without destroying its secrecy.

In many cases, courts found that the fact that the person being “let in” on the secret had an economic or business relationship with the secret’s owner, and that sharing the secret was essential to one or both parties benefiting from the relationship, was relevant. The existence of protective measures like confidentiality or non-disclosure agreements, or disclosure when a fiduciary or confidential relationship already existed, were mentioned in many cases as reasons to continue recognizing the protection of the trade secret.

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Under the Texas Uniform Trade Secrets Act (TUTSA), as well as under the common law, information could be treated as a “trade secret” only if it met two criteria: it wasn’t “generally known” or “readily ascertainable” to those who could benefit from it, and its owner took reasonable efforts, given the circumstances, to protect the secrecy of the information.

The TUTSA applies to misappropriations of trade secrets that occur on or after September 1, 2013. Those that occurred before that date are governed by the common law. While common law on trade secrets in Texas provides several ways to weigh whether or not “reasonable efforts” were made to protect a trade secret, the TUTSA does not provide specific guidance on how to tell when efforts to protect information are “reasonable.”

Under the common law, “reasonable efforts” might include taking steps like:

• Informing employees that the information is a trade secret, and training them on how to handle it appropriately,
• Limiting employee access to a trade secret to those who “need to know,” or
• Controlling plant or office access in order to reduce the number of people who might come into contact with the secret information.

Generally speaking, Texas courts have not held that a trade secret must be kept secret from the entire world. Instead, courts have held that the owners of a trade secret may disclose it to certain other people, as long as steps are taken to maintain boundaries around who may know the secret information. For instance, courts have held that employees, potential partners, and licensees may all be given access to a trade secret without destroying its secrecy.

In many cases, courts found that the fact that the person being “let in” on the secret had an economic or business relationship with the secret’s owner, and that sharing the secret was essential to one or both parties benefiting from the relationship, was relevant. The existence of protective measures like confidentiality or non-disclosure agreements, or disclosure when a fiduciary or confidential relationship already existed, were mentioned in many cases as reasons to continue recognizing the protection of the trade secret.

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Just Hire a Lawyer? Here Are 10 Helpful Client Tips

1. Know what your goals are. Surprisingly, often parties enter into litigation without having a clearly defined measure of success. By defining what you want to accomplish before starting a lawsuit, it will be easier to assist you in accomplishing that goal. This is true, whether it be monetary relief or having the other party take a specific action.
2. Understand the non-monetary costs of litigation. Litigation can be expensive, not only in terms of legal fees and costs, but in terms of the time it requires you spend on it and the emotional stress it can create. Cases sometimes settle, because one side has simply worn the other out. Be sure that you are ready to go through the process to achieve your desired results.
3. Have realistic time expectations. The wheels of justice do turn, but often not as quickly as clients would like. Discuss likely time frames with your attorney, so that you can be mentally prepared for the time your case will take.
4. Be prepared to share information with the other side. The discovery process by which parties can request information from each other is often frustrating to clients. In Florida, discovery is very broad allowing opposing parties to request information that is relevant to the lawsuit, even if that information itself is not admissible. So when you ask your attorney, can they really ask me for that, the answer is generally, “yes, yes they can.”
5. Consider what information the other side may have that you want access to. The more assistance you can provide your attorney as what the other sides knows or should have access to, the better he or she will be able to assist you in preparing your case for trial.
6. Agree on communication expectations. Some clients want frequent updates, others only want to be notified if they are required to take action. Discuss your expectations with your attorney and agree on a way to handle them so that you get the amount of communications you desire. Also discuss whether email, phone, or text messages are appropriate ways to communicate.
7. Don’t lose your temper. Keeping your emotions in check is always important. Many times litigation involves issues that are very personal and life altering. But if you allow your emotions to rule you, that can be the only thing people remember about your case. Whenever possible, try to maintain a calm demeanor. As always there are exceptions to every rule, and perhaps that will the topic of another post.
8. Attend opposing party depositions. Again, no one will ever know your case as well as you do. By attending depositions, you may hear something that triggers a memory you had forgotten to tell your attorney about. When this happens, you can write a note and inform your attorney at a break, so that they can follow up on the information and ensure it is used to support your case.
9. Consider the option of mediation. My favorite quote from a mediator is “today is the best opportunity for you to determine the outcome of your case. After today, your case will be determined by a judge or a jury and will no longer be in your control.” While, cases do settle after mediation has taken place, the point is valid. At mediation, the parties and not someone else are making the decision about how to resolve their dispute.
10. Look presentable at court. This is true whether you are going to be a witness or just observing the proceedings. It may not sway anyone to your favor because you are nicely dressed while in court, but dressing slovenly or disrespectfully can hurt your chances of winning. Since it is easy to avoid creating a negative impression, make an effort to be properly dressed.

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For many children, summer means hitting the pool. And for the most part, parents can feel confident that swimming pools provide a safe source of fun for kids enjoying their break from school.

In too many cases, though, danger lurks in pools in the form of potential injuries and illnesses. Some of the latest research on water safety may shake your confidence in pools as a great summer hangout for your children.

• Drownings and Injuries Take a Heavy Toll

According to the Centers for Disease Control, more than 3,500 drownings not related to boating occur each year in the United States. Children younger than 14 constitute about 20 percent of drowning victims. For every child drowning fatality, another five children receive treatment in emergency departments for injuries related to submersion in water.

More than half of submersion-injury patients who receive treatment in emergency rooms need hospitalization or additional care. Children who survive near-drownings can suffer serious injuries, including brain damage — along with related, long-term disabilities in learning, memory and overall functioning.

• Dirty Water Closes Pools, Hot Tubs

The National Institutes of Health reported recently that thousands of public hot tubs, public pools and water parks close each year due to severe violations of safety and health regulations. A study conducted in five pool-heavy states revealed that one in eight inspections resulted in an urgent closing because of serious violations. Children’s pools demonstrated the highest number of problems; government inspectors closed 20 percent of them because of violations.

• ‘Clean Pools’ Also Pose Hazards

Even pools with adequate disinfection present risks for your children. University of South Carolina researchers reported recently that the disinfection products used in pools can produce dangerous byproducts when they combine with bodily fluids and toiletries. Some of the byproducts can increase the risk of asthma complications and colds, and they may even cause more-serious health problems.

Pools and kids seem like a natural fit for summer. But before you let your children spend every day swimming, consider the alarming implications of the latest research.

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Your swimming pool can provide endless fun and happy memories for your family members — including young children. To ensure that fun never turns to tragedy, take note of these eight critical pieces of pool safety information.

1. In under five minutes, your child can drown. It can happen in an instant; you turn your back, and your 4-year-old slips outside and wades into the pool before you know it. Drowning happens very quietly, and you may have no idea until it’s too late.
2. Drowning constitutes the second-leading cause of death — after car accidents — for children younger than 5. Children under the age of 4 have a higher risk of drowning than does any other age group.
3. Your neighbor’s pool may pose a significant risk. Don’t assume that pools near your home have covers, alarms, adequate fencing and other safeguards in place. Approximately a third of child drownings happen at other people’s homes.
4. But your home pool presents the most danger. Most drownings of children occur in their own family’s backyard pool. May through August sees the highest number of drownings and near-drowning accidents, and most fatalities happen in rural areas.
5. Your child can drown in a kiddie pool. Just a few inches of water provide sufficient depth for a child to drown; more than 10 percent of pool-related fatalities among young children happen in children’s pools, including small wading pools and inflatable pools.
6. You must have multiple safeguards in place. You need “layers of protection” to prevent drowning. Security should include alarms, fencing, rescue equipment and adequate supervision at all times.
7. Chlorinated pools can cause health problems for young children. Pools pose dangers other than drowning for young kids. Children under age 5 who spend significant time in chlorinated pools have an increased risk of asthma and other respiratory symptoms.
8. You cannot trust public pools. Pool drains that don’t meet safety standards pose terrifying risks for young children. Other dangers include excessively high or low levels of chemicals, inadequate supervision and broken or missing safety equipment.

To keep your 4-year-old safe around a swimming pool, make sure you have adequate security measures in place, including constant adult supervision.

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