Car Accidents, Negligent Driving, East Texas Attorney

Texas Car Accidents

Car Accidents are caused by negligent driving. Yes, this is obvious, but what exactly does negligent driving mean?

If you have a car wreck and end up in court, the question for the jury will be:

Did the negligence, if any, of DEFENDANT DRIVER proximately cause the accident in question?  YES or NO

” Negligence,” when used with respect to the conduct of DEFENDANT DRIVER means failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.

The law requires ______________. A failure to comply with this law is negligence in itself.

It is safe to assume that “a person of ordinary prudence” will follow the Texas Drivers Handbook.  But when was the last time you looked through the Texas Drivers Handbook?  Take a look now.  You will find something you didn’t know about driving, or that you have forgotten.

Have you ever read the Texas Rules of the Road in Chapter 545 of the Texas Transportation Code?  There are specific requirements for drivers depending on the situation.  Do it wrong and you may not only receive a citation, but may also be found guilty of negligence per se if you cause an accident. Negligence per se is when a person’s expected standard of conduct is defined by a statute – instead of being judged by the ordinary prudent person test.  In other words, fill in the blank above with the law violated and the judge is now instructing the jury that the DEFENDANT DRIVER was negligent.

Did you know that there are also specific laws on what you must do if you are in an accident?  Please also review  CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS of the Texas Transportation Code.

NHTSA did a study in 2008 and found that motor vehicle traffic crashes were the leading cause of death for every age 3 through 6 and 8 through 34.  There many statistics,  but one death caused by negligent driving is one death too many.

Know the rules of the road,  keep your eyes on the road, put down the cell phone, do not drive if you are intoxicated or fatigued, and drive defensively.

To avoid car accidents the Texas Drivers Handbook recommends:

DEFENSIVE DRIVING
To avoid crashes, the defensive driver should:
1. Stay alert and keep his eyes moving so that he [or she] can keep track of what is happening at all times.
2. Look for trouble spots developing all around him [or her].
3. Have a plan of action if the other driver does the wrong thing.
4. Know that the law requires drivers to protect each other from their own mistakes.

You cannot drive defensively if you are DRIVING WHILE DISTRACTED.  According to NHTSA, you are 23 times more likely to be in a crash if you text while driving.  So “OMG” please put down the phone and watch the road while driving.

If the accident was caused by a distracted driver, please see our posts; Distracted Drivers Hurt People and Texas Texting While Driving Ban Becomes Law. 

This post was not meant to be the lecture it turned out to be.  Oh well, if it helps one person drive safer, then it was worth posting.

Please also refer to our personal injury blog and our posts, East Texas Auto Accident Lawyer, Truck Accident LawyerMotorcycle Accident Lawyer,  Documenting Personal Injury Damages and Motor Vehicle Crash, Now What?

East Texas Personal Injury Attorney

We have experience with cases involving car accidents caused by negligent driving, and if you or one of your family members has been seriously injured or killed as a result of negligent driving and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

Lockout Tagout

If lockout tagout is not properly implemented, approximately 3 million workers face risk of injury according to OSHA.  OSHA has a specific lockout tagout standard 29 CFR 1910.147.  OSHA estimates that compliance with the standard prevents an estimated 120 fatalities and 50,000 injuries each year.

In simple terms, lockout/tagout safeguards employees from the unexpected energization or startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities. Lockout is preferred over tagout.  OSHA has a lockout/tagout fact sheet (available in Spanish) and a more detailed lockout/tagout publication available for download.  OSHA even has an interactive lockout tagout interactive training program.

Imagine a coworker starting a meat grinder, wood chipper, or large mixer while you or one of your body parts are in it.  Unfortunately, it happens.  Search the internet and the OSHA Fatality and Catastrophe Investigation Summaries and you will quickly learn why lockout/tagout is so incredibly important.

Exhibit A to 29 CFR 1910.147 describes typical minimal lockout procedures.

OSHA issues citations for failing to develop and implement lockout/tagout programs and failing to provide training for employees on the use of lockout/tagout devices, but many times it is too late.  Do not wait for OSHA to issue a citation.  Implement a lockout tagout program, train your employees and make sure they comply with the program.  The failure to do so can be catastrophic.

Whatever your application, there are several lockout devices, tags and padlocks available for purchase.

If you are a worker that believes your employer is not following OSHA standards or that there are serious hazards,  employees can file a complaint online with OSHA or by calling 1-800-321-OSHA (6742).

We have experience with industrial or construction accidents involving lockout tagout (or the failure to lockout tagout), and if you have been seriously injured or have lost a loved one and need a Texas accident attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

Oilfield Accidents, Injuries and Deaths

Oilfield accidents causing injuries and deaths are a risk that all oilfield workers must face.  A job in the oilfield can be lucrative and rewarding, but safety must be kept at the forefront.

East Texas has a strong oil and gas industry which is growing even stronger with recent discoveries in the Haynesville Shale and new drilling techniques.  East Texas County Clerks’ offices have been full of land men and land women searching title.  Mineral owners have been signing new leases.  Oil and gas companies know they must drill prior to the termination of the leases.  This means work in the oil field.

Drilling rigs are expensive.  Oil and gas operators want the job done fast.  When oil and gas prices rise,  the push to “get it done” gets even harder.  If not managed correctly, this can lead to oilfield accidents with injuries and deaths.

Unfortunately, when the push to get it done causes an accident in the oilfield, the results can be catastrophic considering the pressures that are involved, the size of the equipment used, the heights of a drilling rig, the harsh environment in which the equipment and workers must operate and the power and electricity required to operate the rig and equipment – not to mention the fact that the oil or gas being sought is flammable.

The Deepwater Horizon Accident is a good example of what can go wrong.  BP’s September report and the Bureau of Ocean Energy Management, Regulation and Enforcement report concerning the accident are interesting to read.  The Bureau of Ocean Energy Management, Regulation and Enforcement report

If you work in the oilfield, resist the push to “get it done quickly” and get it done safely.

We have experience with oilfield accidents, and if you have been seriously injured or have lost a loved one in an accident, please do not hesitate to give East Texas Attorney, Chris JonesBoard Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

 

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