Civil courts in states like Texas offer legal recourse for injury victims to recover their damages if the injury was caused by someone else. The word “Damages” refers to the consequences of the injury. In a personal injury case such as a car accident, slip-and-fall injury, or an injury from a defective product, the injury victim must prove the at-fault party’s negligence caused the injury. Unlike in criminal court where the prosecution must prove the defendant’s guilt beyond a reasonable doubt, in personal injury claims, the injury victim must prove the at-fault party’s negligence by a preponderance of the evidence.

In order to prove liability, the injury victim (plaintiff) in a personal injury case must gather and document evidence proving the legal elements of liability occurred, leaving the negligence party liable for damages. If you are facing the personal injury claim process, it helps to understand how your Austin accident attorney will prove the at-fault party’s (defendant’s) liability for your damages such as medical expenses, lost income, and compensation for pain and suffering.

Duty of Care in Injury Cases

We all owe a general duty of care to others in our orbit. Our duty of care is to take reasonable measures to prevent causing injury. Often, the success of a personal injury claim hinges upon the answer to the question, would a reasonable person have acted the same way under the same circumstances? If the answer is no, then the party who did not take reasonable care is liable for damages.

Breach of Duty

When one person or business entity doesn’t take reasonable measures to prevent harm to others, they breach their duty of care. If a negligence or reckless breach of duty causes harm to someone else, the injured individual shouldn’t have to be responsible for the damages.

Causation in Personal Injury Claims

Causation is an important part of an injury claim. The injury victim must prove the defendant’s negligent or reckless breach of duty directly caused the injury. For example, if a slip-and-fall victim later suffers a heart attack, it’s unlikely that they can make a successful claim for damages unless they can prove that the fall directly caused the heart attack.

Damages From the Injury

Even if someone’s negligent breach of their duty of care toward others causes someone to sustain an injury, they are unlikely to win a case for damages if they didn’t suffer any damages from the injury. A successful injury claim requires proving the at-fault party’s negligence caused damages to the victim such as medical expenses and lost wages as well as pain and suffering.

Do I Have a Good Case for a Personal Injury Claim?

The law establishes acceptable standards of behavior for people and businesses so others aren’t exposed to risks of serious harm. If someone fails to live up to the standard of taking reasonable care to prevent causing harm and the result is an injury, the injury victim may file a personal injury claim against the defendant to recover their injury-related damages. Typically, compensation in a personal injury case comes from the appropriate insurance policy of the negligent party, like auto insurance in a car accident caused by a distracted driver or the commercial property liability insurance of a store owner who failed to address a plumbing leak that caused a slip-and-fall hazard.

If you’ve suffered an injury caused by another party’s negligence, you have a right to make a claim for compensation for the resulting damages. An experienced personal injury lawyer in Austin is the key to proving the required elements of negligence in a personal injury case.

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A car accident is frightening and traumatic, especially if you or someone you love suffers serious injuries. Often, the distress of a car accident in Texas continues long after the initial crash when injury victims find themselves facing the state’s fault-based insurance system. Unlike the few states with no-fault insurance laws requiring all accident victims to file claims against their own insurance policies, in Texas, the comparative fault insurance system requires claimants to prove liability on the part of the driver who caused the accident.

The at-fault party must pay for damages including property damage, medical expenses, lost income, and compensation for pain and suffering. However, the burden of proving their fault through a preponderance of the evidence becomes a complex responsibility. The insurance company of the party at fault in an accident often attempts to assign a portion of fault to the accident victim to minimize the amount they pay out in damages. Often, this is an unfair practice and only counteracted by strong evidence of the other driver’s negligence.

One way that accident victims sometimes prove fault and liability after a Texas car accident is to obtain video footage of the accident.

How Do You Request Footage From Traffic Cameras in Texas?

Video footage of an accident provides the most compelling evidence of fault to present to insurance companies when seeking compensation. While cameras can’t capture all accidents, today’s world offers significant opportunities for images and videos, including from traffic cameras. An experienced car accident attorney in Austin may issue a subpoena for local government entities to provide any available traffic camera footage from the site of the accident on the date and time the accident occurred. To acquire official traffic camera footage, an accident victim or their attorney must first ascertain the owner of the camera. Typically, traffic cameras are owned by one of the following:

• State, county, or city transportation agencies
• News organizations responsible for local television or radio traffic updates
• Local law enforcement agencies
• Private contractors

In some cases, requesting traffic camera footage from the correct agency results in a prompt response. At other times, it requires a subpoena. An accident attorney can diligently seek out and acquire traffic camera footage and build a compelling case around the footage to prove liability on the part of the driver at fault. 

In a comparative negligence insurance state like Texas, you can still recover a portion of your damages even if you were partly at fault for the accident. The percentage of your fault is subtracted from your compensation amount. For example, if your damages add up to $100,000 after a Texas car accident claim but you are 25% at fault for the accident, you can still recover $75,000.

What Other Options For Accident Videos and Photos Could Be Available for a Car Accident Claim?

If no traffic cameras captured the accident, there may still be options for obtaining footage or images of the accident and/or the moments leading up to the accident. Nearby business surveillance cameras, security cameras, and even Ring Doorbell cameras may have inadvertently caught the accident on digital video. It’s possible to canvas businesses and private homeowners near the site of the accident to request access to security camera footage. In some instances, Dash-Cam footage from nearby vehicles also captures accidents and the motorists who own the cameras volunteer the video to officers at the scene of an accident.

Despite other options, traffic camera footage remains one of the best sources of evidence when cases come to trial since there is little doubt of its authenticity. In many cases, the existence of this type of video evidence makes a trial unnecessary since compelling evidence of liability makes an insurance company more likely to offer an out-of-court settlement to the victim. Speak to an injury lawyer in Austin today to learn more. 

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Car accidents are shocking and painful, often with long-lasting impacts on the entire family. Car accident survivors may experience difficult medical treatments, a delay in their return to work, and a damaged or totaled vehicle. As overwhelming as this experience may be, some car accident victims find the hits keep coming—because the person who caused the accident didn’t have insurance. The National Highway Administration states that about 1 in 8 drivers are uninsured in the United States. So, what do you do if you’re facing accident-related expenses and the motorist whose negligent actions caused the accident doesn’t have coverage? 

After an accident with an uninsured motorist, it’s best to speak to an Austin accident attorney to learn your options and find the best move forward for your unique accident situation.

Filing an Uninsured Motorist Claim

When you report the accident to your own insurance company after the accident, ask them if you have uninsured motorist coverage as part of your insurance contract. Some people choose to opt out of this additional coverage due to the higher premiums required. However, opting out of uninsured motorist coverage requires filling out and submitting a separate form. Some Texas motorists don’t bother to follow through on the opt-out and later learn they have this coverage in place after all.

To file an uninsured motorist claim, it helps to have an attorney representing you to investigate the accident, document evidence to prove negligence on the part of the at-fault driver, calculate your damages, and efficiently file your claim.

Relying on Your Medical Coverage

If you have good medical coverage, one option after an accident with an uninsured motorist is to simply rely on your regular medical insurance to foot the bill for your medical treatment. In most accidents, an injury victim’s medical coverage may initially pay for medical care, but the amount is later reimbursed to them by the at-fault party’s personal injury protection policy on their auto insurance. When the at-fault party has no insurance, your medical insurer must still provide coverage according to the terms of your policy.

While this is an acceptable option for some accident victims, it doesn’t cover property damage to a vehicle or reimburse the injury victim for any co-pays or insurance deductible they had to cover out of pocket.

File a Personal Injury Lawsuit Against the Uninsured Motorist 

A final option is to file a personal injury lawsuit against the uninsured motorist who caused the accident. Because they don’t have an insurance policy to file a claim against, the defendant in the case is the motorist themself who’d have to pay out on your claim through their personal funds. The obvious flaw in this strategy is that the majority of motorists who let their insurance policy lapse do so because they don’t have the money in their budget to afford coverage or because they aren’t licensed to drive in Texas and are driving illegally without coverage. In these common circumstances, a lawsuit doesn’t pay because it’s unlikely the uninsured motorist has access to funds to pay whatever amount a jury awards for damages.

Only in rare instances does a personal injury lawsuit benefit the injury victim if the motorist has substantial assets and simply neglected to renew their insurance coverage.

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A ride on the open roads of Texas is an exhilarating experience. With hundreds of miles of coastal highways, rolling hills and plains, spectacular spring wildflowers, and exceptional scenic views, the Lone Star State is a motorcycle destination that’s welcoming year-round. Unfortunately, the same open-air, two-wheeled design that makes a motorcycle ride so freeing is also the reason that motorcycle riders are highly vulnerable to injuries in an accident. 

Helmets can’t prevent all injuries, since the rider’s body is fully exposed to trauma in an accident, but research from the CDC reveals that wearing a helmet significantly increases the chances of survival in a motorcycle accident. Motorcycle helmets reduce the risk of fatal head injuries by 69%. A helmet is 37% effective in preventing death in riders and 69% effective for passengers.

Before you plan your next Texas ride, it’s important to know the state’s helmet laws.

Do I Have to Wear a Helmet in Texas?

Only 18 U.S. states have universal helmet laws requiring all riders to wear a helmet. Three states have no helmet requirements at all. Texas is one of 29 states with more complex helmet laws. In Texas, motorcyclists must:

• Always wear a helmet if under the age of 21
• Have (and carry proof of) medical insurance if choosing not to wear a helmet if you’re over 21, OR
• Have completed an approved motorcycle operator safety course

Both passengers and riders must meet the same helmet requirements in Texas. Further clouding these nuanced motorcycle helmet laws in Texas is the fact that the law limits a law enforcement officer’s authority to enforce the state’s existing laws.

When Can Texas Law Enforcement Stop a Motorcyclist Without a Helmet?

In Texas, a police officer can only issue a ticket for failing to comply with the state’s complicated helmet law if they’ve pulled the rider over for another infraction, such as speeding or rolling through a stop sign—and then they discover that the rider doesn’t meet the requirement for helmet law exemption. Not wearing a helmet is a secondary offense in this situation while the other infraction or traffic violation is the primary offense. If you are over the age of 21, you have medical insurance, and/or have completed a training course, the officer cannot issue a fine for failing to wear a helmet.

Further complicating matters is the exception to the secondary offense rule in Texas. A law enforcement officer may pull over a rider without a helmet if they suspect the rider is under age 21. This gives officers a lot of leeway to pull over motorcyclists without needing a primary offense.

Texas law protects the rights and freedoms of its citizens, however, it’s highly advisable that ALL motorcycle riders protect themselves and their passengers with helmets.

What is the Fine for Failing to Wear a Helmet in Texas?

If you are under age 21, or you’re over age 21 and don’t have medical insurance or haven’t completed a training course, an officer may issue a citation with a fine of $50.00.

In the unfortunate event that you or a loved one are in a motorcycle accident. Don’t hesitate to reach out to the Austin motorcycle accident attorneys at Shaw Cowart today.

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Typically defined as an elevated canvas surface supported by springs in a metal frame and used for tumbling, trampolines maintain a reputation as either notorious or loved for a good reason. Today, trampolines come in all shapes and sizes and are a common piece of equipment enjoyed by professional athletes and recreationally by the general public. In fact, they’re so popular among American households that Globe News Wire estimated that the trampoline global market is projected to reach a size of US$3.9 Billion by 2026! Nevertheless, despite their popularity, recreational trampolines remain a dangerous activity, with WebMD noting that the American Academy of Pediatrics (AAP) considers trampolines as a serious cause of injuries to children.

Are Trampolines Safe?

Trampolines can be a fun way to exercise and play, but safety concerns abound. While they offer a thrilling bounce, they also present risks of injury, especially if not used properly. Common injuries include sprains, fractures, and even more severe harm like head and neck injuries. Safety measures such as enclosure nets, proper supervision, and limiting the number of users can mitigate risks, but accidents can still happen. Ultimately, although trampolines are significantly safer than they were in the past decades, trampolines are only safe depending on how responsibly they’re used and the precautions taken to ensure everyone’s well-being.

Here, we want to analyze the dangers of trampolines, common injuries, the primary causes of injuries, who’s at risk, and the steady influx of trampoline-related injuries over the years. With the growth in the popularity of trampolines and trampoline parks, we expanded this post to provide much more than seven trampoline injury statistics. Talk with an experienced Austin personal injury attorney to learn about the next steps following your own accident.  

A Brief Timeline Of The Trampoline

While most people know trampolines as a fun backyard activity from their youth, the act of recreational bouncing has a rich history that dates back thousands of years. Here’s a brief timeline of the trampoline’s evolution throughout history to its uses today. 

Ancient Jumping 

Trampoline-like devices can be traced back to ancient civilizations with depictions being found in cultures such as Egypt, Iran, China, and more. More recent examples include the Inuit tribes of Alaska who used walrus skins or furs stretched over a frame to bounce performers into the air during celebrations.

19th Century Acrobatics

In the 19th century, a French circus artist named Du Trampolin developed a similar device using tight ropes and a canvas sheet, which allowed performers to perform acrobatics and tricks with increased height and agility.

The Modern Trampoline

The modern trampoline as we know it today was invented in the early 20th century by George Nissen and Larry Griswold, two American gymnasts. In 1936, they created a prototype of the trampoline using a steel frame and canvas bed and patented their invention in 1945. Initially, trampolines were used primarily for training gymnasts and military pilots to develop spatial awareness and coordination.

Recreational Popularity And Competitions

Trampolines gained popularity as a recreational activity in the mid-20th century, and their use expanded to include entertainment, sports, and fitness. The first official trampoline competitions were held in the 1940s and 1950s, and the first World Trampoline Championships were organized in 1964. 

Olympic Recognition

Trampolining was officially recognized as an Olympic sport in 2000, with competitions for individual and synchronized trampoline events.

Trampoline Parks

Due to the popularity of recreational jumping, public trampoline parks have become increasingly popular in recent years, offering a unique and fun experience for people of all ages.

Types Of Trampoline Models And Associated Risks 

Although the premise of the trampoline remains the same, there are a number of different types of trampolines available on the market. Not only does the type of trampoline dictate its different uses, but also influences the types and severity of injuries suffered on them. 

Yard Trampolines

These are the most common type of trampolines used for recreational purposes in the yard of an individual’s home. By far, these are considered to be the most dangerous types of trampolines and are the leading cause of injuries to children at home, to the point that the American Academy of Pediatrics strongly discourages owning or using them.

Water Trampolines

Designed for use on water, typically in lakes, rivers, or ocean bays, water trampolines often have inflatable frames and a fabric jumping surface that floats on the water. They are popular for recreational use, offering a fun and exciting way to jump and play on the water, although pose a high risk for water-related injury.

Professional Trampolines

Professional trampolines are designed for competitive use in gymnastics, acrobatics, and freestyle tricking. They are typically larger and more robust than backyard trampolines, with a higher bounce and specialized features such as additional springs, stronger frames, and larger jumping mats. Therefore, it is discouraged for recreational jumpers to use, as they have more power and are inherently more dangerous.  

Springless Trampolines

Also known as spring-free trampolines, these trampolines do not have traditional metal springs. Instead, they use alternative technologies such as flexible composite rods or bungee cords to provide the bounce. Springless trampolines are often marketed as safer options, but that isn’t necessarily true.

In-Ground Trampolines

These trampolines are installed at ground level, with the frame and jumping mat level on the ground. In-ground trampolines are often chosen for their aesthetic appeal, as they blend into the landscape and do not obstruct the view. They may also be considered safer as they have a lower height from the ground, but they don’t prevent all kinds of accidents.

The Most Common Types Of Trampoline Injuries 

Every year, over 100,000 people in the U.S. are treated in emergency rooms for trampoline injuries, with 500 resulting in permanent neurologic damage. Although many of these cases are severe, there are countless injuries that also go undocumented.

For the most part, trampolines are considered to be inherently dangerous because they allow the user to play with gravity. What goes up, must come down, and unfortunately, it isn’t always pretty. Understandably, injuries are not uncommon, with one study finding that there were an estimated 1,376,659 emergency department (ED) visits for trampoline-related injuries from 1998 to 2017 alone. Although injuries are situational and vary in severity, there are some trampoline-related injuries that are considered to be more common than others. These include:

Sprains and Strains

Landing awkwardly on the trampoline bed or colliding with another jumper can cause sprains or strains in joints, such as ankles, knees, and wrists. Furthermore, overexertion or repetitive jumping can also lead to overuse injuries. In a 2022 study looking at trampoline injury data from 2008 to 2018, it was concluded that of the 800,969 injuries calculated, 33% were sprain/strain injuries. 

Bone Fractures

Fractures, including broken bones in the arms, legs, and spine, can occur from landing with excessive force or getting caught in the springs or frame of the trampoline. In a study examining the National Electronic Injury Surveillance System database for trampoline injuries, of the 1,002,735 ED visits for trampoline-related injuries between 2002 and 2011, 288,876 (29%) sustained fractures and that lower extremity fractures were more frequently female (54.0%). Furthermore, the forearm (37%) and elbow (19%) were most common in the upper extremity; elbow fractures were most frequently admitted (20.0%). The tibia/fibula (39.5%) and ankle (31.5%) were most common in the lower extremity; femur fractures were most frequently admitted (57.9%). It was also noted that these trampoline-related fractures most frequently involve the upper extremity followed by the lower extremity and that 20% to 30% may require surgery for their fractures. 

Neck/Spinal Cord Injuries

Jumping or attempting flips without proper control or landing on the head or neck can result in serious injuries to the spine. In 2000, a study by Brown and Lee reported that trampolines were responsible for more than 6,500 pediatric cervical spine injuries in the United States, leading them to support a ban on the use of trampolines by children.

Traumatic Brain Injuries

The most common types of TBIs associated with trampolines include concussions, skull fractures, and contusions (bruises) to the brain. These injuries can range from mild to severe, and in some cases can be life-threatening. One past study posted by JAMA Pediatrics demonstrated that in a study period of just two years, around 15% of trampoline-related injuries were TBIs! If you or a loved one suffered a head injury, contact an Austin brain injury lawyer as soon as possible. 

Direct Causes Of Trampoline Injuries

Injuries From The Springs Or Frame

Fingers, toes, and other body parts can get caught in the springs or hit the frame of the trampoline, resulting in bruises, cuts, or more severe injuries. One study posted by BMJ Journals notes that between 2002-2007, the springs or frame contributed to 19% of all trampoline injuries involving fractures, lacerations, and contusions, as well as dental and head injuries.

Collision Injuries

Colliding with another jumper while in mid-air or landing simultaneously on the same spot can lead to collision injuries, such as bruises, cuts, and fractures. While jumping with friends sounds like more fun, it greatly increases the chance of injury. The American Academy of Pediatrics warns that more than three-quarters of injuries sustained on trampolines come from more than one person jumping at a time. 

Performing Stunts

Attempting tricks or stunts on a trampoline can be particularly dangerous because many of these maneuvers expose the head and neck and can lead to unbalanced landings. This results in injuries of all kinds sustained, particularly cervical injuries, which occur with falls off the trampoline or with attempts at somersaults or flips.

Falling Off The Trampoline

Falling off the trampoline or landing improperly while jumping can result in injuries such as fractures, sprains, and bruises. Jumping too high or attempting risky tricks without proper skill and supervision can increase the risk of falls, which according to experts at Frontline ER makes up for around 40% of trampoline-related injuries. 

Lack of Supervision

Unfortunately, trampoline-related injuries can happen regardless of supervision. Yet, having someone present to enforce rules, keep things under control, and be there if there’s a problem is always recommended. The doctors at the Cleveland Clinic even insist on having supervision at all times if a trampoline is in use. 

Trampoline Injury Demographics

Children 

When it comes to who is most at-risk when it comes to trampoline injuries, it has been proven time and time again that it is always small children. As exemplified by the AAOS, more than 90% of trampoline injuries are consistently sustained by children between the ages of 5 and 15. 

One explanation for this is provided by Dr. Loder in a study which states: “Average age for total injuries was about 9, but the average age for axial skeleton injuries was substantially higher at 16.6 years old. [This] differential accounts for the higher jumping of older children with more force and the fact that teenagers are risk-takers. Younger kids may not understand the potential outcomes of their actions, but they’re not so much risk takers. Teenagers, they’ll just push the limit.”

Furthermore, this statistical fact aligns with the fact that younger children have developing bodies that leave them to be more susceptible to injuries. As described by pediatric orthopedic surgeon Jennifer M. Weiss, MD, “Children younger than age 6 are less likely to have the coordination, body awareness, and swift reaction time necessary to keep their bodies, bones, and brains safe on trampolines.”

Teenagers And Adults

Interestingly, as found by a study in the National Library of Medicine, trampoline injuries by teenagers and adults have been on the rise in recent years. Although the injury statistics are nowhere near those of children, teenagers, and adults who are not safe from trampoline injuries themselves. According to the study, Over the last two decades, trampoline-related injuries have become more common in patients older than 16 years of age. These are most common in the lower extremities. While most of the patients in the present study only suffered minor injuries, the occasional severe injury might result in long-term disability. 

Trampoline Fatalities 

Trampoline injuries can be serious, and deaths related to trampolines do occur, although they are rare. According to the Consumer Product Safety Commission (CPSC), there were an estimated 97,908 emergency department-treated injuries associated with trampolines in the United States in 2019, and 13 reported deaths associated with trampolines from 2010 through 2019. Nevertheless, this has proven to be a decrease in the number of deaths between 2000 and 2009 which was 22 reported deaths. 

The Rise Of Trampoline Parks And Increased Accidents

Despite trampolines being a known danger to young children and even adults, the public can’t seem to get enough of them. So much so, in fact, that there are now trampoline parks dedicated to recreational jumping. Wall-to-wall with trampolines, children, and other jumping-related activities, these environments are a recipe for disaster.

This is demonstrated in a study by the British Medical Journal, kids were more than twice as likely to suffer musculoskeletal and/or orthopedic injuries using a trampoline at a trampoline park than kids using a trampoline at home.

This is understandable considering that more trampolines, more children, and less supervision are likely to result in more injuries. 

News Stories Of Trampoline Park Injuries:

• Carlsbad, CA Boy In A Coma After Trampoline Park Accident
• Wisconsin Boy Injured At Trampoline Park
• Toddler In Body Cast After Trampoline Accident
• Man Sues For $15 Million After Trampoline Park Incident 

Tips To Avoid Injury 

While countless medical professionals have stressed the dangers of at-home/recreational trampolines, they don’t seem to be going anywhere. While expert advice is to avoid them, if you do plan on using a trampoline, here are some tips to avoid injuries. The American Academy of Orthopedic Surgeons recommends:

• Do not allow children younger than 6 years of age to use trampolines.
• Provide careful adult supervision, proper safety measures, and instruction when trampolines are used for physical education, competitive gymnastics, diving training, and other similar activities.
• Allow only one participant at a time to use a trampoline.
• Ensure that spotters are present when participants are jumping. Somersaults or high-risk maneuvers should be avoided without proper supervision and instruction; these maneuvers should be attempted only with the proper use of protective equipment, such as a harness.
• Place the trampoline-jumping surface at ground level.
• Ensure that supporting bars, strings, and surrounding landing surfaces have adequate protective padding that is in good condition and appropriately placed.
• Regularly check equipment for safety conditions; discard worn or damaged equipment if replacement parts are unavailable
• Do not rely on safety net enclosures for injury prevention; most injuries occur on the trampoline surface.
• Remove trampoline ladders after use to prevent unsupervised access by young children.

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Potentially driver-impairing medications (PDIM) are readily available – many of them over-the-counter – and as many as 50 percent of drivers on the road at any time are on one or more. This makes staying sober and paying attention essential to avoid being involved in a car accident.

Data from a recent study conducted by the AAA Foundation for Traffic Safety has found that while nearly 50 percent of all drivers are on one type of PDIM, one in five drivers, representing 20 percent of motorists, report being on two or more at the same time. Moreover, among those taking two or more PDIMs, nearly 64 percent admit to taking medications before driving. In people taking three or more medications, that number jumps to 70.8 percent. And to make matters worse, many of these people have never been told that their medications could impair their driving.

What Are PDIMs?

Some of the most common potentially driver-impairing medications are:

• Antihistamines
• Cough Syrup
• Diet Pills
• Motion Sickness Medication
• Products With CBD

This batch of PDIMs is available over-the-counter and rarely comes with in-person warnings. Because they are available OTC, many people assume they are safe to consume during the regular course of the day. Tragically, this is not the case. These medications can impair driving and contribute to accidents, some of which are severe.

Prescription medications such as sleeping pills, muscle relaxants, antidepressants, antipsychotics, seizure medications, anti-anxiety medications, and opioid pain relievers also impair driving. However, warnings about these medications’ effects on driving are typically printed on the bottle and discussed by the pharmacist before the prescription is administered. The AAA study found that those who were told about the potential of impaired driving were nearly 20 percent less likely to drive after taking their medication.

What Can I Do if I’m Injured?

When an impaired driver injures you, you are entitled to hold them accountable for your damages, but it must first be established that they were impaired. The attorneys at Shaw Cowart LLP can investigate your accident to identify all potential causes to help ensure the most effective representation.

To schedule a complimentary case review at our Austin or San Antonio office, please call 512-499-8900 today.

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The Federal Motor Carrier Safety Administration (FMCSA) has denied a petition to exempt livestock haulers from current hours-of-operation regulations. This effort from the National Cattlemen’s Beef Association, Livestock Marketing Association, American Farm Bureau Federation, American Beekeeping Federation, American Honey Producers Association, and National Aquaculture Association, would have allowed truckers hauling insects, aquatic animals, and livestock to drive longer than is currently permitted under federal law.

Safety was the primary concern behind the FMCSA’s denial of this request.

What Are the Current Hours-of-Operation Regulations?

Under current law, truckers may only drive for 11 hours after 10 hours off duty and may not drive beyond the 14th consecutive hour after coming on duty. Furthermore, they must take a 30-minute break after eight hours of driving.

In addition, truckers cannot drive more than 60/70 hours during a seven to eight-day work week, and must take at least 34 hours off after driving for these lengths of time before beginning again.

The recently denied petition would have allowed livestock haulers to drive for 15 hours, exempting them from the more stringent 11 and 14-hour limits.

What’s at Stake?

As we’ve discussed before on our blog, drowsy driving is a serious threat. Nowhere is this more apparent than in accidents involving sleep-deprived truckers and smaller passenger vehicles. Due to the difference in weight and size, accidents between trucks and cars tend to be severe or deadly.

Every minute of sleep deprivation increases the risk of an accident exponentially. Requiring truckers to take brakes and limiting the number of consecutive hours they can operate their vehicles helps to prevent truck accidents and, in doing so, saves lives.

Hours-of-operation limits help to prevent drowsy truckers from causing accidents. They are not, however, a failsafe against drowsy drivers. When you are injured or a loved one is killed by a sleep-deprived trucker, you are entitled to hold all responsible parties accountable and seek maximum compensation for your damages. The attorneys at Shaw Cowart, LLP are here to help.

If you need help after a truck accident in or around Austin, please call 512-499-8900 to schedule a free case review today. Shaw Cowart maintains offices in Austin and San Antonio. We serve victims of serious injury throughout Texas.

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Often, when we think of brain injury and sports, football, soccer, and baseball come to mind. However, winter sports also come with head injury risks, making both awareness and safety precautions necessary.

January is National Winter Sports TBI Awareness Month, an effort to raise awareness of the risks winter sports pose for traumatic brain injury. This year, take time to review your behaviors and make adjustments to help keep yourself safer.

What Are the Most Dangerous Winter Sports?

Snowboarding, skiing, and snowmobiling are the three winter sports that pose the most significant risk for brain injury. In fact, a recent study in the Orthopedic Journal of Sports Medicine found that snowboarding and skiing combined account for 55 percent of all sports-related TBIs, even when summer sports, such as skateboarding, mountain biking, and motocross were included.

Many Texans love to hit the slopes. If you are among them, it is essential that you take steps to protect yourself. This includes:

• Wearing a Helmet
• Staying on Designated Trails
• Being Honest About Your Skill Level
• Knowing When You’ve Hit Your Limit

It is also best to ski, snowmobile, or snowboard with at least one other person. Remember to stay within bounds, carry appropriate gear, and notify loved ones of your plans. If you sustain an injury, having a third party who knows where you might be increases your chances of being rescued.

What Are My Rights When Injured?

When you sustain a head injury while skiing, snowboarding, or snowmobiling, you may be entitled to seek compensation for your injuries. However, most states Texans visit to ski have passed regulations that prevent accident victims from seeking compensation when injury results from an inherent risk of the sport. This makes your use of safety gear all the more critical.

Of course, some winter sports accidents occur due to poor maintenance, inadequate oversight, or other factors beyond the victim’s control. The best way to learn if your accident might qualify for legal action is through a private and free consultation with one of our experienced personal injury lawyers. During this meeting, we can review your claim, discuss your options, and help you decide on the best path forward.

Please call Shaw Cowart LLP at 512-499-8900 to schedule a consultation today. We serve victims of serious injury living throughout Texas from our offices in San Antonio and Austin.

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Losing a loved one in an accident can be incredibly difficult. The wrongful death attorneys at Shaw Cowart are here to help. Our experienced lawyers can help you understand your legal options and navigate the complex legal system, working to ensure your family is protected from predatory insurance companies while fighting to secure every penny you are due.

If you have lost a loved one in an accident, don’t hesitate to contact us immediately for a complimentary case review with one of our attorneys.

Texas Wrongful Death Limitations

Texas has stringent limitations on who can file a wrongful death lawsuit. Unlike surrounding states, where siblings, grandparents, and other family members may be entitled to seek compensation, in the state of Texas, the only people who can file a claim are:

• Spouses
• Parents
• Children

A representative of the decedent’s estate may also file a suit, providing they were appointed before death.

To further complicate matters, family members only have two years to file a wrongful death claim in Texas. This may seem like an adequate amount of time, but dealing with the untimely loss of a loved one can result in several complications that require your attention, and this time can quickly elapse. To help avoid losing your window of opportunity, it is best to discuss your claim with one of our attorneys as soon as possible after a loved one has passed. We can help ensure that deadlines are not missed to preserve your rights and assist you in seeking the total compensation you are due.

Different Than a Criminal Case

Wrongful death claims differ from criminal cases, though both may be applicable in some instances. However, wrongful death claims seek justice for families through monetary compensation, not criminal punishment, and are neither impacted nor influenced by the outcomes of criminal charges.

Our attorneys focus on helping families get justice when a loved one is killed through someone else’s actions – negligent or intentional – and do not split time between personal injury and criminal defense. As a plaintiff’s law firm, our entire focus is helping victims, and we are here to listen to your case, help you understand your options, and guide you toward the best path for seeking the justice your family deserves.

Please call Shaw Cowart at 512-499-8900 to schedule a free case review today. We have offices in San Antonio and Austin. We represent families living throughout Texas.

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The Holiday Season runs from Thanksgiving to New Year’s Day and includes several national, religious, and cultural celebrations. Alcohol is a part of many of these celebrations, and, as family and social gatherings increase in frequency, so does the presence of intoxicated drivers on Texas roadways.

New Year’s Day is typically the deadliest of the Holiday Season as far as drunk driving accidents are concerned. Statistical analysis has found that over 60 percent of motor vehicle accidents on New Year’s are alcohol-related. However, New Year’s is not the only dangerous holiday; nearly one-third of auto accidents on and around Christmas involve intoxication as well. Tragically, these accidents frequently result in severe or fatal injury, ruining so much more than holiday plans.

If you are attending celebrations this Holiday Season, protect yourself and those around you by refusing to drink and drive. Even one drink can impair your reaction time, and when the likelihood of being surrounded by other impaired drivers is higher, the slightest intoxication can prove deadly. So make it simple: if you drink, don’t drive. If you’re driving, don’t drink.

Call a rideshare company. Rely on a sober friend. Sleep it off. Just don’t get behind the wheel.

What to do if an Intoxicated Driver Injures You

When an intoxicated driver injures you, it is essential to take legal action as soon as possible. The statute of limitations for filing a lawsuit is two years, but waiting to take action can complicate collecting total and fair compensation. The sooner you contact our attorneys, the faster we can work on your claim to help secure the compensation your injuries demand.

Damages that may be recoverable when a drunk driver injures you include medical expenses, lost wages, property loss, and personal pain and suffering. Some of these might be recoverable even if you played a minor role in your accident. The best way to learn what you may be entitled to seek is through a one-on-one consultation at our Austin or San Antonio office.

Do you need help? Call Shaw Cowart at 512-499-8900 and schedule your free case review today.

Posted in Blog, Car Accidents, Catastrophic Personal Injury | No Comments »