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Common Fourth of July Safety Mistakes

Monday, June 22, 2020

This year, the Fourth of July holiday falls on a Saturday – making it, even more, inviting for events such as barbecues, pool parties and firework displays. No matter how you plan on celebrating Independence Day, do so safely. The Fourth of July is one of the most dangerous days of the year in terms of personal injury risks. Avoid a few of the most common safety mistakes to keep your family free from injuries this year.

Underestimating the Risk of Consumer Fireworks

 One of the best Independence Day safety tips is to avoid consumer fireworks entirely. Go to a professional show if you and your family want to see fireworks this Fourth of July. It’s important to know the laws in Texas regarding fireworks. Most major cities in Texas ban the use of consumer fireworks within city limits. More importantly, fireworks cause thousands of serious injuries every year. They are also behind tens of thousands of structural fires and related injuries and deaths. If you must use fireworks to celebrate the holiday, do so safely.

  • Only purchase fireworks from licensed vendors.
  • Do not try to create your own fireworks.
  • Do not point fireworks directly at any person or structure.
  • Never place fireworks in glass bottles or metal containers to light them.
  • Do not use fireworks if you are under the influence of drugs or alcohol.
  • Light one firework at a time.
  • Never try to re-light dud fireworks.
  • Keep a hose, a bucket of water and a fire extinguisher close by.
  • Douse all used fireworks in water.

 In 2018, around 9,100 people visited emergency rooms in the US for firework injuries, according to the National Fire Protection Association. The most common firework-related injuries are to the hands, fingers, head, face, ears, legs, eyes, trunks and arms. Injuries can range from third-degree burns to traumatic amputations due to firework explosions. Disfigurement, permanent scarring and digit amputations are all possible firework injuries victims could suffer if they fail to use fireworks safely.

4th of july accidents

Letting Kids Partake

 Children are some of the most common victims of Fourth of July accidents. Almost half (46%) of all firework injury victims are 19 years old and younger. More than one-third (36%) of firework-related injuries in 2018 involved children under the age of 15. When looking at an age group’s relative risk based on population, children five to nine are more than twice as likely as others to suffer firework injuries. 

 Parents often have the power to prevent child injuries related to fireworks but fail to do so for lack of safety knowledge. They may not realize how dangerous all types of fireworks can be for children. Sparklers, for example, are often mistaken as safe. In reality, sparklers account for more than one-fourth of all firework-related ER visits. Sparklers can give children severe burn injuries that cause permanent scars.

 Keep your children safe this Fourth of July by refusing them permission to use fireworks. Explain that no type of firework is safe for children under 18 – including sparklers, smoke bombs, firecrackers and bang snaps. Any type of firework could cause significant childhood injuries that maim them for life. Do not allow children to use fireworks or lighters/matches, even with adult supervision. A devastating firework accident could happen in a matter of seconds – too soon for a supervising adult to intervene.

Making Common 4th of July Party Mistakes

 Many people are rethinking their party plans this Fourth of July due to the coronavirus. If you or someone you know is still hosting an event with social distancing guidelines in place, make sure you follow safety rules for an injury-free celebration. If the party will have a pool, have a sober adult supervising at all times. If you are grilling, check your grill for cracks or leaks before use. Never grill indoors or near any structures, including decks and patios. If you will be out on the water, obey your state’s boating laws and best practices. Keep safety in mind no matter how you plan on celebrating the Fourth of July this year.

Posted by admin at 5:18 pm

Texas Firework Laws

Monday, June 22, 2020

 The 4th of July is less than a month away, and while it may look a bit different from previous years due to the coronavirus, many people in Texas are still planning to celebrate in a familiar way – with fireworks. Whether you plan on attending a public display and social distancing or celebrating right at home, make sure you obey state and local firework laws. Keep firework safety in mind as well for an Independence Day that is free from personal injuries. Consult with your Dallas personal injury attorney if you are a victim of an injury with fireworks.

Are Fireworks Legal in Texas?

 Texas law permits the use of fireworks in the state by consumers. You do not need a special fireworks display license to purchase or use fireworks in Texas. Texas citizens may only purchase fireworks, however, from June 24 to July 4, as well as from December 20 to January 1. You must be at least 16 to buy or sell fireworks. 

 If you purchase consumer fireworks, you must only light them if you are at least 100 feet from flammable liquids, compressed gasses or other fireworks. You must also be at least 600 feet from any daycare center, school, church or hospital. You cannot shoot fireworks toward motor vehicles, boats, public property, public roadways, public parks or lakes in Texas. Fireworks are only legal for consumer use in Texas with several important restrictions. 

 Section 2154.003 of Texas’ firework law bans skyrocket and bottle rocket fireworks with propellant charges of less than 4 grams, a casing size of less than 5/8 of an inch for outside diameter and less than 3 ½ inches in length, and an overall length of less than 15 inches. It also prohibits any fireworks the United States Consumer Product Safety Commission deems unacceptable. If found in possession of illegal fireworks in Texas, you could face fines and the seizure of the fireworks. 

What kind of fireworks are legal in Texas?

Fireworks Are Illegal Within Dallas City Limits

 Texas’ universal firework law allows municipalities to enforce their own restrictions. You must, therefore, look into your city or county’s specific fireworks regulations before buying or using fireworks where you live. Most cities in Texas do not permit fireworks, meaning you must travel to an unincorporated area to shoot them. Check for countywide burn bans before doing so. You will also need to own property or get permission from the property owner.

 Dallas is one example of a major city in Texas that has made consumer fireworks illegal. In Dallas, no one may purchase, use or even possess fireworks within city limits. It is also illegal to light fireworks within 5,000 feet of the City of Dallas. The fine for disobeying Dallas’ firework ban can be as much as $2,000. Discharging a firearm in Dallas is also illegal. Firing a gun on the 4th of July could lead to a $4,000 fine and up to a year in jail.

Staying Safe While Using Fireworks in Texas

 Leave fireworks to the professionals for optimal safety this 4th of July. Attending a professional fireworks display can keep you and your family safe from injury risks. It could also let you enjoy the show without worrying about breaking a city or state firework law. If you still wish to use fireworks on your own, follow a few general safety tips.

  • Never give a child a firework. Even sparklers burn at temperatures that can melt metal.
  • Only use fireworks if you have not been drinking alcohol.
  • Go someplace safe and legal, far away from any structures or public properties.
  • Avoid shooting fireworks near dry grass, underbrush or other flammable items.
  • Shoot fireworks straight into the sky, not toward anyone or anything.
  • Keep a bucket of water and fire extinguisher nearby in case of fires.

 Every year, firework accidents cause thousands of fires, burns and serious personal injuries. Common firework-related injuries include severe burns, traumatic amputations, head injuries, eye injuries and finger injuries. If a firework causes a structural fire, it could also cause serious burn injuries or deaths. Save yourself and your family from potential disaster by going to a professional fireworks show in Texas this year rather than doing one on your own.

Posted by admin at 4:47 pm

Texas Dashboard Camera Laws

Saturday, March 7, 2020

Dashboard cameras have grown in popularity among drivers now that this technology has become more affordable. Dash cams can record what goes on inside or outside the cab of a car, including auto accidents. They can be useful as a source of evidence during a car accident insurance claim or civil lawsuit. Many drivers do not understand, however, the legalities of dashboard cameras. Learn the laws in Texas before you install your device.

dashboard camera in car

Are Dash Cams Legal in Texas?

Texas law does not specifically mention dashboard cameras. It does not make them legal or illegal but remains neutral. You can lawfully use a dashboard camera in the State of Texas. It is legal in Texas to use dash cams to record the road as well as the inside of the cab of a vehicle. You must make sure the placement of your cameras and the equipment used, however, meet Texas’ related laws.

  • Windshield obstruction law. Texas Transportation Code 547.613 bars drivers from operating motor vehicles with any objects or materials attached to the windshield, side window or rear window that reduces or obstructs the driver’s clear view. Doing so is a misdemeanor, punishable with a fine of up to $1,000.
  • Airbag obstruction law. Texas traffic laws also prohibit attaching objects to the dashboard in a way that will obstruct airbags. Your dash cam should not be in a place where the airbag deploys. This could lead to a traffic ticket. It could also cause serious injuries in an auto accident.
  • Audio recording restrictions. Many dash cams can record audio from inside the cab. Texas Penal Code 16.02 makes it illegal to record private conversations unless you are part of them. In general, your passengers must know you are recording them. To be safe, mute your dashboard camera to make sure you are not picking up any audio illegally.
  • Distracted driving laws. Your dashboard camera should not distract you enough to lead to traffic infractions, such as failing to yield the right-of-way or following too closely. You should not review dash cam footage while driving. If you have a screen in your vehicle showing footage from the dash cam, it cannot be in your line of sight as a driver.
  • Your right to record the police. You can lawfully use a dash cam to record police activity as long as you are not obstructing justice. A police officer cannot force you to show him or her your dash cam footage. Someone could use your footage as evidence in a case, however, if you receive a subpoena to submit it to the courts.

Position your dashboard camera in a way that does not reduce or obstruct your view of the road. Most people recommend attaching it in the bottom left or bottom right corner of the dashboard, or directly behind the rearview mirror. It is generally best not to attach it to the windshield itself. Try to find the smallest dash cam you can to make sure you are not obstructing your vision. Do not watch dash cam footage behind the wheel, and make sure you obtain permission before audio recording anyone.

What States Prohibit Dash Cameras?

If you drive out of Texas and into other states with a dashboard camera attached to your vehicle, make sure you understand the laws in each state. Most states have similar laws to Texas. Some prohibit windshield-mounted cameras but allow dashboard-mounted ones. In general, you will obey the law by positioning your dash cam in a way that does not obstruct your vision. Only Missouri and North Carolina do not have any restrictions on windshield obstructions. Most states also have similar laws against audio recording without permission. If you follow these two essential laws and do not let your dashboard camera distract you, you should generally be within the law in Texas.

Posted by admin at 4:49 pm

Are Landlords Responsible for a Tenant’s Safety?

Sunday, February 9, 2020

When you sign a lease to rent a space, you become responsible for certain things, such as replacing the batteries in a fire alarm. Your landlord, however, will retain legal responsibility for other things. Your leasing agreement can describe which aspects of the home or apartment are your responsibility and which are your landlord’s. If an accident on your property injures you, the landlord may be liable for your damages.

Landlords’ Responsibilities Under Texas Law

Renting to a tenant does not remove 100% of a property owner’s responsibilities over the property. The owner will still have legal ties to the premises, as well as specific duties of care over the safety of tenants. These duties generally include overseeing the reasonable safety, livability, maintenance, and repair of the premises. If a landlord breaches any of his or her duties and a tenant suffers an injury as a result, the landlord could be legally responsible for damages. A landlord in Texas has a few specific responsibilities by law.

  • Habitable housing. In Texas, the law requires a landlord to keep rental properties livable. The implied warranty of habitability entitles tenants to safe and livable homes. A landlord is responsible for the essentials, such as a sturdy structure, safe floors, a roof that keeps out the elements and hot water.
  • Safety from toxic substances. A landlord must ensure the safety of a premises in terms of exposing tenants to toxic substances such as lead, asbestos and mold. Property owners must take reasonable steps to inspect a premises for toxic or hazardous substances and remedy any discovered risks.
  • Adequate security. It is also a landlord’s legal responsibility to keep a property reasonably safe from criminals. This may include tasks such as hiring a security guard, installing a gate, screening tenants and replacing locks.
  • Safe common areas. A landlord remains responsible over any shared or common areas on the property, such as hallways, common rooms, living areas, laundry rooms and grounds. Any property defects in common areas could lead to the landlord’s liability for accidents.
  • Safe hired help. If your landlord arranges a third party to conduct maintenance, inspections or repairs at a rented property, your landlord could be vicariously liable for any injuries or damages the paid worker or volunteer causes. These cases involve negligent undertaking laws.

A landlord must meet at least the minimum standards of care in maintaining a rental property. If a landlord breaches any of his or her duties of care and a tenant sustains an injury because of it, the landlord could be liable. As an injured tenant, you may be able to hold your landlord financially responsible for your damages in certain circumstances.

Do You Have a Case Against a Landlord?

In general, you will be able to hold your landlord financially responsible for your losses if he or she owed you a duty of care, negligently or intentionally breached this duty, caused your accident, and if you have damages as a result. These are the four main elements of a negligence claim against a landlord or property owner in Texas. You could be eligible for compensation if you have proof of all four elements. An attorney can help you understand your landlord’s specific responsibilities over your safety and that of your home or apartment, as well as whether your landlord violated these duties.

If your personal injury lawyer in Dallas can present a strong claim to damages to an insurance company, judge or jury on your behalf, you may receive financial compensation for your losses. Your landlord may have to pay you a compensatory award for your related medical bills, property damage, lost wages, legal fees and other damages. Find out whether you can hold your landlord accountable as the responsible party after a premises-related accident on a rented property in Texas by contacting an attorney. A lawyer can help you pursue maximum compensation.

Posted by admin at 4:45 pm

What If a Rideshare Vehicle Hit My Car?

Monday, January 20, 2020

Negotiating a car accident claim can be difficult enough without a complicating factor such as a rideshare vehicle’s involvement. Rideshare has not been around long enough for most drivers to understand what to do after an accident with one. If an on-duty rideshare driver strikes your car, your case will look different than a typical insurance claim. Learn what to do to successfully recover from a rideshare accident in Dallas.

Determine Fault

Like other collisions in Texas, you will need to determine fault before you can file a lawsuit after a rideshare accident. The at-fault party will be the one that must pay for your damages, according to Texas’ fault-based insurance system. You may need to review police or investigative reports before assigning fault for your car accident. If you caused the crash, you will file a first-party claim with your own insurance company and that will be the end of your case. If the rideshare driver or company was at fault, proceed with a third-party claim.

what if an uber or lyft crashed into my car?

File an Insurance Claim

File an insurance claim with the correct party. If the rideshare driver was guilty of some act of negligence or recklessness that caused the crash, such as speeding or distracted driving, and was logged into the app at the time of the crash, you will file your claim with the rideshare company. Rideshare companies do not accept vicarious liability for their drivers (they use independent contractors to avoid liability), but they do offer insurance coverage for third parties in some situations.

  • Logged in, no passengers. Uber and Lyft offer insurance coverage for victims’ damages if the rideshare driver was on the clock (logged into the app), even if the driver did not have passengers in the vehicle at the time of the crash. Coverage will go up to $50,000 per injury and $25,000 for property damage.
  • Logged in, with passengers. Both rideshare companies offer up to $1 million in third-party insurance coverage if the driver had a passenger at the time of the accident. However, Uber and Lyft’s insurance coverages will only apply once the rideshare driver has exhausted his or her personal insurance.
  • Off the clock. If the rideshare driver was driving for personal reasons, not to pick up passengers, and was not signed into the app, you would proceed with your claim the way you would with any other driver. Call the driver’s personal auto insurance provider and demand compensation for your losses.

It may also be possible to file an insurance claim directly against Uber or Lyft if the rideshare company somehow contributed to your accident or injuries. If, for example, an investigation finds the driver caused the crash while looking at the rideshare app, you may be able to bring a case against the company for making its drivers use an app while driving. A lawyer can help you understand how to bring an insurance claim after a collision with a rideshare driver.

Hire a Rideshare Accident Attorney

Navigating a rideshare accident claim in Texas can be difficult. The rideshare company may try to refute liability for its actions or those of its negligent driver. The at-fault driver may not have insurance, or not enough to cover your damages. The insurance company responsible for settling your claim may offer far less than you believe your damages are worth. The best way to protect your interests in the aftermath of a rideshare vehicle accident is to hire an attorney.

A Dallas rideshare accident attorney will know how to go up against powerful companies such as Uber or Lyft in pursuit of fair compensation for the full extent of your damages. Your lawyer can take over conversations with insurance companies on your behalf while you undergo medical treatments. Trusting your case to a lawyer can give you peace of mind during the complex claims process.

Posted by admin at 6:48 pm

Dos and Don’ts When You Witness an Accident

Wednesday, January 8, 2020

Witnessing a car accident can leave you with a lot of complicated questions. You could be wondering if you could have done more to help the victims or ensure you followed the proper procedures. Consult this quick guide provided by our Dallas personal injury attorneys witness for some dos and don’ts for the scene.

• DON’T feel like you must stop. The law does not require you to stop at the scene of an accident. However, most people feel it is the right thing to do.

• DO make sure you are in a safe place after you witness an accident. If you are a pedestrian, you must stay in pedestrian areas like sidewalks. Even medians and shoulders can be dangerous if traffic continues to pass by. If you are a driver, pull your vehicle to the side of the road, ensure rescue vehicles have room to navigate, and turn on your flashers or distribute hazard markers. Stay a safe distance from the scene unless you are rendering aid to victims.

• DO dial 911. Even if you are unsure of the extent of the injuries of the parties involved, if vehicle damage has taken place, the police will make a report. Give as much detail as you can regarding your location and the nature of the accident.

• DON’T rush into the scene. Sometimes, your assistance will be helpful, but make sure you are not in danger of injury yourself due to broken glass and sharp metal. If you choose to enter the scene and render aid to victims, do so cautiously.

• DON’T offer medical assistance unless necessary. It is best to wait for emergency personnel to arrive on-scene. It often takes only a matter of minutes for EMTs to arrive, and most first aid situations can wait.

• DO offer other forms of assistance. Perhaps victims could use a kind word, a cell phone to call relatives or insurance companies, or a paper and pen to exchange information. Offer what you feel you would need if in the shoes of the victims.

• DON’T fear liability. In the event that the help has not arrived and someone is in urgent need of first aid you know you can handle, Texas has Good Samaritan laws in place. As long as you are rendering emergency aid in good faith, you are not likely to be liable for civil damages.

• DO exercise caution. Accident scenes are often tense situations. Property has occurred, and tempers and emotions can run high. While the presence of a witness may help keep emotions in check, be careful when inserting yourself into the situation. Keep your own safety in mind, primarily.

• DON’T allow a driver to leave the scene without exchanging information. You do not need to physically restrain a driver – see the above note about keeping yourself safe – but it is good practice to jot down identifying characteristics and license plate numbers. If an at-fault driver attempts to leave the scene, you can remind them of the consequences of doing so and record their vehicle and license plate description.

• DO cooperate with the police. If you have chosen to stop and witnessed the accident itself, provide every detail you can to the police. Stay on the scene until your statement is complete and police have released you to continue traveling.

Overall, many people choose to stop and help when they witness a car accident. Keeping these tips in mind can help ensure you are doing what you can for the victims and police while keeping yourself safe from harm. You are not necessarily a medical professional, a mechanic, or a police officer, but Good Samaritans can provide some help and may even save a life. Just remember your own limitations and leave the tough work to the emergency personnel. To learn more speak to a Dallas car accident lawyer.

Posted by admin at 7:59 am

3 Home Fire Safety Prevention Tips for Winter

Friday, December 27, 2019

Wintertime home structure fires are shockingly common in the U.S. They cause thousands of serious injuries and deaths every year. Fire departments respond to an average of 354,400 house fires per year – the cause of about 11,220 injuries and 2,620 deaths annually. The winter months of December through February account for 30% of all home fires. As the temperatures start to drop and you prepare for the holidays, make sure you are not doing anything that could increase your risk of a home structure fire.

What to Do If You’re Injured?

If you suffer an injury in a home fire despite your best efforts to prevent one, act quickly to get yourself to a hospital for professional treatment. Use first aid when necessary to cool and cover burns until you can get help. Run room temperature water (not cold water) on the burned area and cover it loosely in soft fabric to help prevent infections. Let your friends and family members know you survived the house fire. Help get other injured people and household pets to hospitals. Then, get medical care.

Professional health care could help you avoid infection and properly heal your burn injuries. Keep evidence relating to your home fire and burn injuries for an insurance claim later, including medical records and hospital bills. Once you are back on your feet, file a homeowners insurance claim with a full description of your damages and the sum you are demanding to settle the matter. Then, hire a Dallas injury attorney to help you negotiate for a fair property damage and/or burn injury insurance settlement.

Be Careful What You Cook

Cooking fires are the number one cause of home structural fires, causing 49% each year from 2013 to 2017. Cooking incidents cause an average of 173,000 house fires, 5,020 injuries and 550 deaths annually. Always supervise the food you are cooking. Leaving food unattended is a leading cause of kitchen fires. Put a responsible, sober individual in charge of cooking or supervising cooking. Drinking alcohol while cooking can drastically increase the risk of a disaster such as a major kitchen fire.

Replace Old or Damaged Electrical Appliances

Old, outdated and defective electrical appliances could spark a home fire in a matter of seconds. Hire a professional to inspect your furnace, water heater, HVAC system and other major household appliances at least once per year for signs of trouble. A professional can clean and maintain your systems to help prevent fire hazards, such as a buildup of dust or grease. If an appliance has wear and tear or damage that increases its fire risk, replace it with a safer model. Before you use an appliance that you have not used in a while, look for outward signs of damage, such as cracked or frayed electrical cords. Electrical failures and malfunctions are the third-leading cause of home fires in the U.S.

Posted by admin at 4:59 pm

5 Warning Signs of Alcohol Poisoning

Thursday, December 26, 2019

Alcohol poisoning, also called alcohol overdose, happens when a person consumes too much alcohol in a short time. The liver is unable to process the alcohol fast enough, leading to toxins entering the bloodstream. Alcohol poisoning is a serious health problem that could prove fatal for a victim. Recognizing the earliest warning signs of alcohol poisoning could help you take someone experiencing this problem to the hospital for care before it is too late. If you or a loved one have been the victim of alcohol poisoning speak to a Dallas Dram shop liability lawyer.

High BAC

First, learn how to quickly calculate a person’s estimated blood alcohol concentration (BAC) level based on the number of drinks he or she has in a period of time. You can measure a person’s BAC within 30 to 70 minutes of his or her consumption of alcohol. You can quickly use an online calculator by entering the person’s sex, body weight, number of drinks and time since the first drink. A 200-pound male that consumed eight beers in two hours, for example, would have an estimated BAC of 0.18%.

The average person can suffer alcohol poisoning at a BAC of 0.25%. If someone’s BAC has met or exceeded this percentage, the risk of alcohol poisoning is high. In general, alcohol poisoning can happen after drinking more than one serving of alcohol per hour. This is the rate at which the liver can process alcohol. Ingesting more than this could lead to intoxication or alcohol overdose depending on how much the person drinks.

Unconsciousness

A person who has lost consciousness after drinking too much alcohol may be experiencing an overdose. Passing out is a sign of too much alcohol in the system for the body to process. If someone is having trouble staying conscious or is unable to wake up, act quickly. Do not leave the person alone. Call 911 for help, as someone who has passed out from drinking too much could die.

What Happens When You Drink Too Much Alcohol?

Loss of consciousness is a life-threatening level of alcohol poisoning. Keep the person in an upright sitting position to help prevent him or her from choking on vomit. Alcohol poisoning can dull the gag reflex. If the person is awake but exhibiting signs of mental confusion or is in a stupor, this is also a sign of alcohol overdose. Get the police to the scene right away for emergency assistance.

Trouble Breathing

Too much alcohol in the bloodstream can affect the parts of the brain that control vital functions. This includes breath and heart rate. Changes to a person’s breathing could indicate alcohol poisoning. Depressed, slowed, uneven or stopped breathing may indicate a serious problem. If someone has lost consciousness, put your ear to his or her mouth to listen for breathing. Check the person’s pulse or listen to his or her heartbeat. Slowed heart rate is another warning sign of alcohol poisoning.

Hypothermia

Body temperature is also something the brain cannot control under the influence of alcohol poisoning. If someone is suffering from alcohol poisoning, his or her skin may feel cold, damp or clammy due to alcohol-related hypothermia. Low body temperatures and a bluish or pale appearance to the skin are signs of hypothermia. If left untreated, hypothermia can cause cardiac arrest and death.

Seizures

Seizures are another serious symptom of alcohol poisoning. Seizures can occur due to drastically reduced blood sugar levels. If someone is having a seizure, move other people out of the way and clear the area of sharp objects. Do not try to hold a person having a seizure down. Place the victim on his or her side to help with breathing. Use a timer to see how long the seizure lasts. Call 911 immediately to report a seizure and a potential alcohol overdose. Notifying the police about an alcohol poisoning situation can get the person to the hospital in time to survive.

Posted by admin at 4:51 pm

Holidays With the Most Drinking

Monday, December 23, 2019

While it is normal to want to celebrate holidays such as Christmas and New Year’s Eve with alcohol, make sure you are imbibing safely. These are two of the booziest holidays, according to Alcohol.org. Whether you drink alcohol or not, it can pose a health and safety hazard to you this holiday season. Drunk drivers, alcohol poisoning and physical assault all increase this time of year due to holiday parties and establishments that serve alcoholic beverages. As each holiday rolls around, the car accident attorneys at the law firm of Aaron A. Herbert want to remind the people of Dallas to keep alcohol safety in mind to prevent regrettable accidents.

Holiday Drinking Statistics

According to a survey of over 1,000 Americans, Mardi Gras (Fat Tuesday) is the holiday with the most drinking of alcoholic beverages. Mardi Gras, the Tuesday before Ash Wednesday, marks a day to indulge before the beginning of the Christian Lent season. Based on the survey, the average person drank 4.5 alcoholic beverages on Mardi Gras. This placed Mardi Gras at the top of the list of Top 10 Booziest Holidays. New Year’s Eve came second – also a day before the start of new resolutions. It would appear Americans imbibe the most to make up for giving something up the following day.

  • Mardi Gras: 4.5
  • New Year’s Eve: 4.4
  • Patrick’s Day: 4.2
  • Fourth of July: 3.8
  • Halloween: 3.5
  • Cinco de Mayo: 3.5
  • Memorial Day: 3.3
  • Labor Day: 3.2
  • Winter holidays: 3.1
  • Thanksgiving: 2.7

Men most associated St. Patrick’s Day with drinking alcohol, while New Year’s Eve was the holiday women most associated with booze. New Year’s Eve came in at the top in terms of holidays for binge drinking for both men (47%) and women (40%). Binge drinking refers to consuming five or more drinks in two hours for men and four or more drinks for women. The top alcoholic beverages consumed over the winter holidays are champagne, wine and beer. Binge drinking increases the risks of issues such as alcohol poisoning and drunk driving.

Drunk Driving Increases Over the Holidays

With increased alcohol consumption comes a corresponding spike in drunk driving accidents over the holidays. Driving while intoxicated (DWI) is a dangerous crime that takes thousands of lives each year. Your odds of getting into a DWI accident increase over the holidays, even if you are 100% sober as a driver. According to the U.S. Department of Transportation, an average of 300 people lose their lives in DWI accidents the week between Christmas Day and New Year’s Day alone. A shocking 781 people died in DWI crashes in December of 2016. Drunk driving deaths account for more than 25% of all traffic fatalities in the U.S. each year, with a significant surge over the holidays.

Help prevent drunk driving accidents by never driving a motor vehicle or riding a bicycle after consuming alcohol. The amount of alcohol in just one drink could be enough to negatively affect your ability to drive. Instead, find a safe ride program in your state or request a sober ride home through an app such as Uber or Lyft. Plan ahead if you think you will be drinking over the holidays. Ride with a sober friend, spend the night at the house party where you will be drinking or arrange a paid ride home such as a taxi. You can also use public transportation to prevent driving drunk. Making a commitment against driving drunk could save lives this holiday season.

Unfortunately, you could still get into a DUI accident even as a responsible driver. On holidays such as Christmas and New Year’s, thousands of intoxicated drivers make the poor choice to get behind the wheel. Avoid driving late at night and on weekends over the holidays to reduce your risk of encountering drunk drivers. Keep your eyes scanning the roadway for signs of a possible drunk driver. If you see someone swerving, cutting people off, speeding, tailgating or otherwise driving dangerously, keep your distance and call 911 to report a potential driver under the influence. Involving the police could prevent a tragic accident before it occurs.

Posted by admin at 4:35 pm

Can a Bar Be Responsible for a DUI Accident?

Monday, November 25, 2019

Drunk driving is a rampant problem in Texas and throughout the U.S. In 2018, driving under the influence (DUI) in Texas caused fatal accidents that killed 940 people. Drunk driving accounted for 26% of the total number of motor vehicle crash deaths in Texas in 2018. Most people know they can hold the drunk driver responsible for a drunk driving accident, but may not know the bar or establishment that furnished the DUI driver with alcohol could also share liability depending on the situation. If you were injured by an intoxicated individual get help from a Dallas dram shop liability attorney.

Dram Shop Liability Laws

Like most states, Texas has a dram shop law in place that holds alcohol providers, such as bars and restaurants, responsible for drunk driving accidents in certain situations. The law states that selling, serving or providing alcoholic beverages could be grounds for a cause of action after an accident if certain circumstances exist. First, it must have been clear at the time of the dram shop offering the alcohol that the person was obviously intoxicated to an extent that he or she posed a danger to him/herself or others. Second, the person’s intoxication from the alcohol furnished must have been the proximate cause of the accident in question.

An adult 21 or older could also be liable for the actions of an intoxicated person if the drunk person was a minor under the age of 18, and if the furnishing adult was not the minor’s spouse, parent or guardian. The adult must have knowingly served, or allowed someone else to serve, the underage individual alcohol that contributed to the individual’s intoxication. Texas’ dram shop law can apply to any provider that served an obviously intoxicated person alcohol before he or she drove a vehicle and got into a DUI accident.

Can a Distributor of Alcohol Be Accountable for Accidents Involving Intoxication?

Yes, a distributor of alcohol can be legally accountable for car accidents and other incidents involving someone’s intoxication. A Dallas DUI accident could come down to the shared liability of both the drunk driver and the dram shop that provided the driver with alcohol if the shop knew or reasonably should have known the individual was already intoxicated, yet served the person alcohol anyway, and if this was the proximate cause of the drunk driving accident. If another bar or restaurant would not have served the person alcohol in the same circumstances, the dram shop could be liable for a resultant drunk driving accident.

Under Texas’ dram shop laws, DUI accidents are not the only incidents for which an alcohol provider may be liable if it sells alcohol to an obviously intoxicated person. The bar or distributor could also be liable for alcohol-related incidents such as brawls, assaults, violence and fall accidents. For example, if a distributor gives alcohol to Person A despite Person A’s obvious drunkenness, and Person A starts a fight with Person B, the bar could be liable for Person B’s injuries and hospital bills.

Obvious intoxication refers to a level of drunkenness that a prudent and reasonable alcohol furnisher would notice. This could include common signs of intoxication such as slurred speech, bloodshot eyes, stumbling while walking or smelling of alcohol. If an individual did not exhibit signs of intoxication or had an unusually low tolerance, however, the bar or restaurant may not be liable for furnishing the individual with more alcohol, even if that person went on to cause a drunk driving accident.

What Other Establishments Can Be Held Responsible?

Any establishment that furnishes alcohol to an intoxicated person who causes a drunk driving accident could be legally responsible for damages. This can include a bar, restaurant, gas station, grocery store, social host or individual. Any provider that sells or serves alcoholic beverages using an alcohol license or permit could be responsible if the intoxicated person drives and causes a car accident. An establishment can be vicariously responsible for the actions of its employees, as well, including bartenders and waiters. Find out if you have a case against a dram shop in Texas by talking to an attorney.

Posted by admin at 4:48 pm