Senior Action Coalition

Senior Action Coalition

Senior Action Coalition
Texas Negligence Laws
Negligence is defined as the failure to exercise the degree of care expected of a person of ordinary prudence in order to minimize the probability of harm or loss to another individual. Negligence is one...
Why Are Speed Limits Necessary?
Most vehicles have the ability to go very fast, but legal speed limits prevent them from doing so. This can be frustrating, but adherence is a must. The law is not arbitrary; these restrictions exist...
Most Common Driving Distractions
Driving requires your full-time attention and concentration. Nowadays, with so many people on the road, even the slightest distraction can lead to an accident. If you drive frequently, you're at greater risk of being involved...

Texas Negligence Laws

Spread the love

Negligence is defined as the failure to exercise the degree of care expected of a person of ordinary prudence in order to minimize the probability of harm or loss to another individual. Negligence is one of the most common personal injury cases filed in Texas. Under Texas law, the injured party has the right to pursue financial compensation for any loss or damages that may arise due to the negligence of other parties.

Understanding Texas Negligence Laws

Negligence laws do not differ much from state to state. However, some key differences arise concerning how states consider comparative and contributory negligence. Understanding the legal applications in Texas will increase your likelihood of recovering damages resulting from the negligence of other parties, especially if you work with a personal injury lawyer in Texas.

The Elements of Negligence in Texas

When it comes to personal injury lawsuits, the legal standard to win such cases is to provide proof beyond reasonable doubt. As the claimant in a negligence lawsuit, you must demonstrate in your case that the following five elements are satisfied:

  • There must be a duty owed by the defendant to the claimant: The defendant has an obligation to act or not act in a certain manner and thus owes you the duty to act or not to act. For example, a homeowner has the duty to maintain safe pathways to minimize the chance of injury to other parties. Indeed, duty is a question of the law, and it is upon the jury to determine whether a duty exists by considering factors such as the risk involved, the likelihood of injury, and the foreseeability of the risk.
  • A breach of duty: This element seeks to establish whether the defendant violated the applicable duty of care and acted in an unethical manner. For example, a homeowner who does not provide clear warnings of slippery floors or unsafe walkways might result in a visitor suffering an injury in their pathway. The homeowner has breached their duty to maintain safe pathways.
  • Cause in fact:  Your injury should have resulted from the defendant’s violation of the standard of care. For example, you would not have slipped and suffered injury if the homeowner had provided adequate safety mechanisms or warning signs within their premises.
  • Proximate cause: Would a reasonable person find it obvious that failure to provide adequate warning signs could result in slipping and falling?
  • Damage: As the plaintiff, you must have suffered actual damage or injury to warrant compensation from the civil system.

Comparative Fault Law

Note that Texas relies on the modified comparative fault standard to determine liability and the extent of the damage. The system uses the 51% rule. The plaintiff is allowed to claim compensation if they were not mostly at fault for causing the incident. Compensation also goes hand-in-hand with the percentage of fault. If you are subject to a $100,000 award and the jury decides that you are 40% responsible for your injuries, you will receive $60,000.

More information on the subject of negligence is available on the following sites:

Texas Civ. Prac. & Rem. 33.001

Why Some People Hate Accident Lawyers
There’s no shortage of unsavory names attributed to personal injury lawyers, but the real reason why people hate accident lawyers is a combination of public...
Read More

Why Are Speed Limits Necessary?

Most vehicles have the ability to go very fast, but legal speed limits prevent them from doing so. This can be frustrating, but adherence is a must. The law is not arbitrary; these restrictions exist because they have to. They protect people from harm and other negative consequences of speeding.

Why are speed limits necessary? The following reasons are at the top of the list:

Ensure Adequate Reaction Time

The faster a car goes, the harder it is to stop it due to inertia. You will need to apply a greater amount of braking force, which puts a strain on the system. The distance between the point where you apply the brakes and the point where it makes a complete stop will be longer.

You might not be able to react in time to avoid a barrier, a pedestrian, an animal, or another car that seemingly appeared out of nowhere. Capping the speed provides motorists with adequate reaction time in case they find themselves in tricky situations.

Reduce Collisions and Impact Forces

By forcing drivers to go slower, aggressive behaviors such as racing and overspeeding on the road are tamed. Avoidable collisions can be reduced significantly. Even when cars bump into each other, the impact forces should be relatively low. Being totaled is less of a concern.

This makes the roads safer overall. Fatalities due to major injuries from crashes can be prevented. Minor vehicle damage should be quick and easy to repair. Of course, other safety precautions must be taken, such as wearing seat belts, using airbags, and driving defensively. When a crash does occur, the victim can recover the cost of damages with help from a car accident attorney.

Manage Vehicular Volatility

Cars will only be able to work well within a limited speed range. Try to go any higher and they will become volatile. The engine will start to make odd sounds, the car will vibrate uncontrollably, and the vehicle will become difficult to drive. This can be exacerbated by certain weather and road conditions.

It would be unwise to drive fast when it is snowing as the ground is wet and slippery. The same is true for winding roads that require lots of turns and careful handling. Lower speed results in a greater amount of control.

Improve Average Fuel Efficiency

Limiting speed can also help motorists improve the fuel efficiency of their cars. Going at full speed all the time can cause the engine to go through a full tank quickly. This may result in mechanical issues, as well.

Slowing down enables fuel consumption to proceed at a more reasonable rate. Given the cost of fuel, the efficiency improvement will be much appreciated by your wallet. Enjoy more miles per dollar as you cruise the streets.

Numerous studies on this topic have been completed. They are not unanimous in their findings but the latest European research studies have confirmed the claim.

Lower Environmental Impact

Increased fuel efficiency is great for the environment as it means less fuel gets used on average. There will be lower CO2 emissions, which help in the fight against global warming. Particulate emissions may also be reduced, which should result in better air quality for the locals.

Although environmental impact is not traditionally cited as the primary reason for putting up speed limits, it is being discussed with higher frequency in policy discussions as the public becomes more aware of the issues involved.


Why Some People Hate Accident Lawyers
There’s no shortage of unsavory names attributed to personal injury lawyers, but the real reason why people hate accident lawyers is a combination of public...
Read More

Most Common Driving Distractions

Driving requires your full-time attention and concentration. Nowadays, with so many people on the road, even the slightest distraction can lead to an accident. If you drive frequently, you’re at greater risk of being involved in or causing an accident due to being guilty of common driving distractions that take your focus off the road.  

Distracted driving poses a risk of accidents to drivers, passengers, pedestrians, and other vehicles on the road. By being aware of some of the most common driving distractions, you can avoid making mistakes that can lead to becoming a casualty on the road or otherwise causing a wreck.

For the most part, driving distractions can be classified into three categories: visual, manual, and cognitive distractions. Here are a few examples of each.

Visual Distractions

Visual driving distractions are those that cause you to take your eyes off the road. You may get distracted as you reach for something in the car or try to adjust the radio. Or you may get distracted by someone or something outside the car as you’re driving by.

Even a momentary distraction can be hazardous as it causes you to lose track of what’s happening in front of you on the road. The following are some examples of visual driving distractions:

  • Checking your GPS for driving instructions
  • Changing a music CD or fiddling with the radio station
  • Looking for something that dropped on the floor of your vehicle
  • Adjusting AC or heating temperature controls
  • Rubbernecking (gawking at something or someone outside while driving by)
  • Taking in scenic views instead of focusing on the road
  • Petting or fussing with your pet

Manual Distractions

Many people get distracted by trying to do something else while driving. Multi-tasking while driving can be a recipe for disaster. Some of the most common manual driving distractions include the following:

  • Putting on lipstick or makeup
  • Smoking
  • Eating or drinking
  • Looking for something in your wallet or purse
  • Adjusting your seat belt

Cognitive Distractions

Cognitive driving distractions occur when your mind wanders as you drive. Daydreaming is perhaps the most common cognitive distraction while driving. Approximately 62 percent of the accidents caused by distracted driving are due to daydreaming. Other cognitive distractions include the following:

  • Talking or listening to someone on a cell phone
  • Texting
  • Talking to other people in the car
  • Road rage
  • DUI
  • Driving when you’re upset

There’s no doubt that distracted driving is dangerous and can cause accidents that lead to serious injuries and death. According to recent estimates, approximately 25 percent of car accident fatalities are due to common driving distractions.

About 12 percent of distracted driving accidents are due to cell phone use. This includes reaching for a cell phone, answering a call, carrying on a conversation and listening to others on the phone. Many drivers have developed the bad habit of texting while driving, which can be even more dangerous as it takes your eyes off the road, hands off the wheel, and mind off of driving.

Surprisingly, however, cell phone use isn’t the number one cause of distracted driving. Daydreaming or being “lost in thought” causes more fatal accidents than any other distraction. When your mind wanders, you can lose track of where you are, how fast you’re driving, and where you’re going. From fender-benders in parking lots to collisions on major highways, daydreaming poses a risk of harming you, your passengers, and anyone in your path.

There are dozens of causes for distracted driving—none of which should be accepted as “normal.” Although almost everyone has been guilty of distracted driving at some time or another, this shouldn’t be used as an excuse to continue business as usual. By changing bad habits that keep you from focusing on your driving, you can stay safer on the road.


Fighting Nursing Home Abuse

Spread the love

Fighting Nursing Home Abuse

As horrific as it is, nursing home abuse is common. While you always hope your elderly relative will be properly cared for, this is not always the case.

That’s one reason it’s so important to visit a nursing home prior to placing a loved one there. Spending time speaking with other residents, in the facility, and even eating the food is a good way to get a feel for what it will be like. Reading reviews online can also be helpful.

Still, even after careful research, it is possible for a senior to be placed in an abusive nursing home or with a neglectful or abusive caregiver.

Is Your Relative Safe?

It’s important to ask this question on a regular basis. Never assume your loved one is in good hands with a caregiver or in a nursing home. Instead, take the time to verify that assumption.

If more than one person in the family can check in on mom or dad, you can all take turns conducting a basic examination to make sure your loved one is not showing signs of physical abuse. Signs of neglect should also be watched for. Finally, someone needs to be involved in monitoring your loved one’s finances for suspicious activity.

It is also wise to check with the licensing agency a couple times a year to see whether any official complaints have been filed or if the nursing home has been cited for any safety violations. If so, it will be time to consider whether this is the best environment or if your loved one would be better off elsewhere.

Signs of Nursing Home and Elder Abuse

Several signs can tell you that a loved one may be suffering abuse or neglect. These include the following:

  • Strange Bruising – This could indicate physical abuse or carelessness.
  • Bedsores – Typically, bedsores only develop when someone is left in the same position for days or even weeks without being moved.
  • Weight Loss – No one should rapidly lose weight in a nursing home or while in the care of another party. If your loved one does, it could be because he or she doesn’t like the food or isn’t being fed properly.
  • Health Deterioration – If your elderly loved one’s health suddenly deteriorates, this could be a sign of abuse or neglect.
  • Broken Bones or Sprains – Often a clear sign of abuse, broken bones demand immediate action.
  • Mood Swings – It’s important to look into any sudden mood shifts your loved one may be experiencing.
  • Being Frightened – Feelings of fear and anxiety often stem from abuse, so pay attention if your loved one begins acting fearful.

Financial abuse is also common, so keep tabs on bank accounts and watch for strange purchases or sudden balance decreases. Most seniors have relatively fixed expenses, so the accounts should look the roughly same every month.

What You Can Do About It

If your loved one is the victim of nursing home abuse or neglect, it’s important to take action right away. You can hire an attorney to file a lawsuit, put your loved one in another home, or hire someone else to care for him or her. Do not leave your elderly loved one in the potentially abusive situation.

Once your family member is safe, filing a lawsuit will make it possible to seek financial compensation for the impact the abuse has had on them.

You’ll Need a Lawyer

Sometimes contractual provisions make it difficult to move a senior or place him or her in a better situation. In this case, it becomes important to hire a nursing home abuse attorney who can handle the process. After all, this is not a time to worry about contracts or the legal details of a situation. It’s the time to get your loved one to safety and away from abusers.

Alabama Car Accident Statistics

Spread the love

Alabama car accidents are a serious matter. It can be a challenge to figure out how to reduce traffic accidents, especially in large metropolitan areas. If you’re interested in some data on accidents, there is plenty of information available on Alabama car accident statistics.

Fatalities on Alabama’s Roads

A high number of fatalities occur in Alabama due to car accidents. According to the article at, people living in Alabama are twice as likely to die in auto accidents as Americans living in other states. According to the same source, the rate of motor vehicle deaths in Alabama is around 13.7 per 100,000 drivers. Nationally, it is around 7.0 per 100,000. This is significant, especially when the national average is considered.

One of the reasons for this high rate is the number of drivers living and driving in rural areas. It takes more time to get medical help after an accident when it occurs in a rural area in Alabama. Then, it takes more time to get to a hospital for treatment. If an individual must be removed from a vehicle, it can take much longer in a rural area. In addition, over the past few decades, many rural hospitals have closed, making the route to a suitable hospital for treatment even longer. Fortunately, there are good options available for Alabamians to get legal help after a car accidents.

In rural areas, people also tend to drive faster and farther distances to get to social events and shopping, among other places. Rural hospitals may not be designated as trauma centers, even when they are available. This makes it even more difficult to get timely treatment for serious auto accident injuries.

Seat Belt Use and Low Visibility

In Alabama, over half of traffic accident fatalities happen due to not wearing seatbelts, according to information provided at In addition, most auto accidents occur at night, where visibility may be poor. This is especially true in rural areas, where there are no street lights to help drivers navigate the roads.

While more accidents occur in suburban areas, more fatalities occur in rural areas. This suggests that rural driving is more dangerous and that drivers should use extra precautions. Those who have difficulty driving at night should probably avoid driving after dark or should have someone else drive them. This is one way to reduce the risk of an auto accident fatality on Alabama’s rural roads. another is to avoid texting, always wear a seatbelt every time you drive or are a passenger, and make sure you’re alert enough to drive.

An Alabama resident generally has a one in three chance of being involved in an auto accident leading to severe injury or a wrongful death fatality.

According to a study conducted by the University of Alabama, auto accidents involving fatalities are on the rise. The study cites three major causes of accidents: Increased speeds, lack of safety belts, and distracted driving are the three main causes of traffic accident fatalities in Alabama. There is also some concern about pedestrian habits, as there have been a number of accidents involving pedestrians in Alabama.

It goes without saying that if you’re walking along a rural roadside at night with no reflective gear that you are putting yourself in harm’s way. If you live in a suburban or urban area, you should obey all crosswalk and crossing signs. Walking in-between stopped cars or walking when traffic is moving are both dangerous and can put a pedestrian at high risk for getting hit by a vehicle.

With high speeds being another contributing factor, it’s important for Alabama drivers and visitors to pay close attention to speed limits and signs. The largest increase in fatal accidents from 2015 to 2016 was in the speed category of 91 mph or higher, according to the university study. This means that many people are ignoring speed limits and signs.

Alabama has a higher rate of auto-related fatalities than many other states. In fact, the state ranks number nine in the rate of automobile fatalities. The state also has a higher number of fatalities due to motorcycle and moped accidents, as well as cyclists becoming involved in accidents.

Regardless of the mode of transportation, it’s important to stay safe and take the necessary precautions when driving or navigating Alabama’s roadways. This is especially important for those traveling in rural areas and those who are traveling after dark. Obeying traffic laws and wearing safety belts (for drivers and passengers), as well as avoiding use of mobile devices while driving, can help Alabama residents stay safe and avoid serious injuries due to car accidents.

If you do get injured in a car accident in Alabama, make sure to speak with an experienced personal injury lawyer, such as the attorneys found here: