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Monthly Archives: December 2016

Drivers Beware: The Growing Issue of Texas Tailgaters

By | Auto Accidents, Pedestrian & Traffic Accidents | No Comments

Most people think that tailgating is a minor driving offense, but it’s more dangerous than it seems.

Not only does tailgating cause rear-end collisions, which make up 23% of all traffic accidents according to National Highway Traffic Safety Administration, it has also caused serious and fatal accidents. Drivers on the road must follow other vehicles at a safe distance, and learn how to protect themselves from tailgaters.

Some drivers tailgate out of road rage, others are impatient, distracted, or careless.

In 2015, the Texas Department of Transportation reported that 25,436 accidents occurred because vehicles were following others too closely. Out of those incidents, 12 caused fatalities and more than 6,000 involved injuries.

While most tailgating drivers do not cause serious accidents, it’s important that drivers know what to do after an accident. Most importantly, anyone injured by a tailgating driver should contact a Tijerina of McAllen or Brownsville, Texas personal injury attorney to explore their options.

The Danger of Tailgating

It’s important to understand the dangers of tailgating behavior.  When a car follows another too closely, the tailgating driver shortens the amount of time and distance they have to stop before striking the car in front of them, if that car slows down or stops abruptly.

Stopping distance is linked to the vehicle’s size and weight. For example, a small passenger vehicle requires less time and distance to stop, than a semi-truck or even an SUV.

The biggest limitation made by tailgating drivers is how well they can see and react.  The driver needs time to see and process whats happening ahead of them, and then react to avoid a collision. With limited space between vehicles, a tailgating driver has a much small chance to react in time.

Tips for Protecting Against Tailgating Drivers and Sharing the Road Safely

ï Keep a Safe Distance: The Texas Department of Insurance recommends a safety cushion of two seconds between vehicles. This allows the following driver to predict movements from the  driver in front of them and avoid a rear-end collision.

ï Switch Lanes: If a vehicle is tailgating, a driver can change lanes to allow them to pass.

ï Extra Space for Poor Weather: Drivers in bad weather conditions will need more time to react in case they cannot see well, or the road is wet or icy.

ï Write Down a Tailgaters License Plate Number: When a vehicle is tailgating, and will not stop, memorize the license plate number, then pull off the road to safety. Contact the local police department and report the vehicle.

How a Tijerina of McAllen Personal Injury Attorney Can Help After a Tailgating Accident

Vehicles tailgating on McAllen roads are acting negligently. Therefore, if a tailgating driver causes an accident, they could be liable for injuries and damages.

A Tijerina personal injury advocate can help accident victims file a claim and get compensation from the tailgating driver. In these cases, a plaintiff may be able to recover damages for medical costs, lost wages, property damage, and pain and suffering.

After a serious accident, injured parties must contact a Tijerina Legal Group P.C. personal injury lawyer as soon as possible. Seek a consultation from Tijerina Legal Group, P.C. by calling 956-777-7777 or request more information online.

Can a Texas Personal Injury Lawyer Sue Bars for Over-Serving Patrons?

By | Auto Accidents, Criminal Law / DWI, Motorcycle Accidents, Pedestrian & Traffic Accidents, Personal Injury, Truck Accidents | No Comments

When a customer visits a local bar, they are accountable for their own actions. If driving, that means understanding their limitations and following the law by making sure that they never get behind the wheel while intoxicated or impaired.

The state of Texas expects anyone with a driver’s license to act responsibly, but establishments can also be responsible for damages when they serve alcohol to drunken drivers. In most states, bars or restaurants are required serve their guests responsibly.  They must watch customer behavior to make sure they are not becoming intoxicated. When a drunken guest leaves a bar and tries to drive, the seller must help them find another way home.  If the guest still drives away, the sellers call the police to tell them that the guest is driving drunk.  Texas personal injury lawyers consider these requirements when a victim is injured by a drunk driver, who was over-served at a bar or restaurant.

The Texas Dram Shop Act

If a drunk driver causes damages or injuries, a Texas personal injury lawyer may be able to hold a bar or restaurant responsible by utilizing the Texas Dram Shop Act of 1987.  This act means that courts hold alcohol sellers liable for accidents that resulted, at least in part, because of the over-service of alcohol.

The act states that a server of alcohol may be liable in a drunken driving accident case if:

• The seller provided alcohol after it was clear that the patron was intoxicated;
• The seller continued to provide alcohol even after it was evident the patron posed a danger;
• The intoxication of the patron is what caused the accident and injuries.

The Texas Dram Shop Act also protects passengers inside the vehicle with the drunken driver, and pedestrians struck by the driver’s vehicle.  Basically, the Dram Shop Act holds the bar or restaurant responsible, when they continue to serve alcohol to a person that was drunk and did not make sure that the guest got home safely.

McAllen Personal Injury

Restaurants are required to serve alcohol responsibly.

A bar or it’s employees may face criminal charges.

They could also lose their ability to serve alcohol. When a bar is associated with a drunken driving incident, the Texas Alcoholic Beverage Commission investigates to determine if there is any reason to take away the beer/wine or liquor permit.

A McAllen or Brownsville personal injury lawyer builds evidence after a drunken driving incident. An attorney interviews witnesses that can testify to the defendant’s behavior.

Texas personal injury attorneys investigate any and all evidence that will show that the driver was intoxicated.  For example, the driver’s Blood Alcohol Content is taken by police after the incident, and used as evidence.  They also find videos that show the driver slurring, staggering while walking,  or showing other signs of being drunk.  Especially if the bar or restaurant continued to serve them alcohol.

Hiring A Texas Personal Injury Lawyer

Those injured in a motor vehicle accident that involved a drunken driver in McAllen or Brownsville, Texas should contact Tijerina Law Group P.C. as soon as possible.

Our attorneys determine if the Texas Dram Shop Act applies, and work to make sure that the drunken driver is held responsible for injuries caused by their actions. Whether or not the bar or restaurant can be held liable, driver must be held accountable for their reckless behavior. The driver and/or alcohol seller may be required to pay compensation to all victims.

Contact Tijerina Legal Group, P.C. by calling 956-777-7777 or complete an online contact form to speak with a Tijerina personal injury team member for your McAllen or Brownsville, Texas Personal Injury case.