Apr 8, 2021
| By 1p21.admin
| Read Time: 2 minutes
In personal injury claims, video camera footage can be vital evidence to prove who is liable for your injuries. It is common for liability to be heavily disputed by insurance companies and the parties involved. If you believe that another party’s negligence was the cause of your accident and you have video evidence, it can help set the record straight. How Video Footage Can Prove Negligence Video cameras are everywhere today, from red light cameras at intersections to security cameras in stores, office buildings, parking lots, dash cams, doorbells, and of course, on phones. Camera footage can be a powerful piece of evidence if it shows the actual incident as it occurred and supports your claim regarding the type of injuries you sustained. When proving a personal injury claim, you must be able to establish that the at-fault party was negligent or breached their duty of care by failing to keep you safe from harm. For instance, a driver breaches their duty of care by driving while intoxicated; a business owner breaches their duty to keep their premises reasonably safe for visitors by failing to maintain sidewalks, etc. Whether a duty is owed to an injured person is fairly straightforward in most cases and typically isn’t contested. However, whether a party was negligent or breached their duty is almost always challenged. Evidence of negligence often hinges on the injured person’s testimony and credibility. However, video camera footage of the accident can support your claim that the other party is responsible for damages due to their negligent actions or lack thereof. How To Obtain Video Camera Footage of Your Accident If you believe there is video camera footage of your accident, any evidence captured on those cameras is owned by either public or private entities. They are typically only kept for a short time, possibly as little as 72 hours, before being deleted or copied over. Since it is essential to collect video evidence as soon as possible and you need to seek medical attention immediately, a personal injury attorney is the best person to coordinate the request process before the footage of your accident is erased. They can assist you with: Determining where and if there are any traffic cameras or businesses with security cameras near the accident scene. Contacting the parties who own and operate the cameras. Completing any forms and information required to obtain the video footage. Reviewing, storing, and sending the correct video files, as well as determining if they will support your injury claim. Police are not required to disclose the location of traffic or security cameras that are near where your accident took place. They also do not have to provide evidence for your personal injury case, other than a police report. Our Houston Personal Injury Lawyers Are Ready to Help Liability in Texas personal injury cases is rarely cut and dry. Don’t wait to speak with one of our Houston personal injury lawyers so we may begin investigating immediately and collect any video camera footage that is available to support your claim. Call (713) 489-4270 and schedule a free consultation today.
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Apr 7, 2021
| By 1p21.admin
| Read Time: 2 minutes
The Move Over/Slow Down law in Texas requires motorists to change lanes and take caution on the road when approaching an authorized emergency or service utility vehicle and personnel while they are stopped on the side of the road. It is designed to keep first responders, police officers, and TxDOT workers safe. Any driver who violates this law can face steep penalties. What To Know About the Move Over/Slow Down Law in Texas The Texas Move Over/Slow Down law (TTC § 545.157) specifically requires drivers to: Vacate the lane closest to the applicable vehicles stopped on the side of the road (if the road has multiple lanes traveling in the same direction) or Slow down to 20 mph below the speed limit. (If the speed limit is below 25 mph, the driver must slow down to 5 mph) The original Move Over/Slow Down law was passed in 2003 and did not include service utility vehicles. As of September 1, 2019, service utility vehicles have been added, such as TxDOT vehicles, tow vehicles, power utility vehicles, and garbage and recycling vehicles. Along with police, fire, and EMS that are stopped on the side of the road with emergency lights activated. Violations of this law can result in a fine of up to $200, and the fine increases to $500 if there is property damage. If violators cause bodily injury, they can be charged with a Class B misdemeanor, resulting in possible jail time and a maximum fine of $2,000. Between 2016 and 2020, Texas DPS Troopers have been in 65 stationary crashes where either the Trooper or their vehicle was struck while stopped on the side of the highway doing their job. How a Violation of the Move Over/Slow Down Law Can Impact a Car Accident Claim While a Move Over/Slow Down violation can seem minor, it can cause significant repercussions in the event of an accident. If you are involved in a collision and cited for a Move Over/Slow Down violation, it will be particularly challenging to deny liability. If the other party can prove the accident would not have occurred if not for your negligence, then you will most likely be held responsible for the crash. Under Texas’ rule of comparative fault, you cannot recover compensation after an accident if you are found 51% or more at fault. Common Defenses to the Move Over/Slow Down Law Many times, factors like weather or traffic may prevent you from being able to safely move a lane away from vehicles parked on the side of the road. This has long posed a problem, as the specifics about what a driver should do in this scenario aren’t directly addressed. If you can prove that you were unable to move over or slow down, it may limit your liability for an accident. Contact Us Today If you or someone you love has been injured in a car accident that involved the Move Over/Slow Down law in Texas, call the Milano Legal Group. Our Houston car accident lawyer is here to help and fight for the compensation you deserve. Reach us online or call (713) 489-4270 today to schedule your free consultation.
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Apr 6, 2021
| By 1p21.admin
| Read Time: 2 minutes
A ridesharing accident is different from a typical car accident since liability isn’t always straightforward. Normally, an at-fault driver is responsible for resulting damages, but that can change if they were working at the time the accident occurs. Who Can I File a Claim Against? Both Uber and Lyft require drivers to have their own personal auto insurance policy and will only provide coverage themselves under certain conditions. Proving liability in these cases can be challenging since rideshare companies consider their driver’s independent contractors rather than employees. Because of the various factors that add complexity to rideshare claims, immediately contact a car accident lawyer who can help you determine liability and which party to file a claim against. Uber Insurance Coverage Uber provides coverage for their drivers, as follows: Offline or the Uber App is Off: only the driver’s personal insurance will apply to the accident. App is On, and the Driver is “Available” or Waiting for a Ride Request: Uber’s contingent liability coverage applies, but only to the losses sustained by others who were injured or had their property damaged. This includes: $50,000 in bodily injury per person $100,000 in bodily injury per accident $25,000 in property damage per accident The Uber driver must access their personal policy for their own injuries or vehicle damage. Driver Has Accepted a Ride or Until Passenger is Dropped Off: Uber’s commercial insurance coverage applies, which includes: $1,000,000 per accident for property damage and bodily injury, and another $1 million if the other driver is uninsured or underinsured. Uninsured/underinsured motorist bodily injury, limits will vary by state. Contingent comprehensive and collision: Up to the actual cash value of the car with a $2,500 deductible. (Effective 3/1/21) Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible. Lyft Insurance Coverage Lyft policies are similar to Uber, and they apply in the following situations: Offline or Lyft App is Off: only the driver’s personal auto insurance applies. App is On, Lyft Driver is Waiting for a Ride Request: the driver’s private insurance will apply unless their insurance company refuses to cover it. In that situation, Lyft’s policy will cover: $50,000 per person for bodily injury $100,000 per accident for bodily injury $25,000 per accident for property damage. Driver Has Accepted a Trip or Until Passenger is Dropped Off: Lyft’s $1 million policy will apply to the collision. What If Another Driver Hits Your Uber or Lyft Car? When another driver crashes into your Uber or a Lyft vehicle, the at-fault driver’s insurance will apply. If you are injured as a passenger, you can file a claim with the other driver’s auto insurance company to cover your medical bills and lost income. What If You Are Driving and An Uber or Lyft Car Hits You? If an Uber or Lyft driver causes an accident, you may be entitled to compensation from both their personal auto insurance and the rideshare company. However, it will depend on if the driver was considered working at the time, and Uber or Lyft may be quick to deny responsibility in an injury claim. Speak to a Qualified Attorney If you have been injured in a Houston rideshare accident, contact the Milano Legal Group. We’ll help you decide the best course of action in your case. Call (713) 489-4270 for a free consultation today.
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