Posted on Tuesday, January 18th, 2022 at 7:34 pm
On December 26, 2021, two pedestrians were fatally struck on State Highway 123 in San Marcos, TX.
More on the Fatal Accident
Two pedestrians were standing next to their vehicle on the outside lane of the highway when they were struck and killed. The victims were said to be standing on the side close to the roadway.
The driver of the vehicle notified authorities and both pedestrians were pronounced dead at the scene.
This is an ongoing investigation.
When Do Pedestrians Have the Right of Way?
Pedestrians crossing at an intersection should follow traffic signs like drivers do. If the traffic sign is flashing red, or indicating not to cross, the pedestrian does not have the right of way and should allow traffic to pass.
If crosswalks and traffic lights at intersections are available, it is illegal for pedestrians to cross over on other parts of the street. They are only allowed to cross diagonally at an intersection if signaled by a traffic device. If there aren’t any crossways available, the pedestrian must give oncoming traffic the right of way.
If there is a sidewalk or walking path available, it is illegal to walk on the road. The only exception to this is if there is no sidewalk available, you must walk on the left side of the road to watch out for oncoming traffic.
Walking on the highway is illegal in the State of Texas. However, if someone must walk on the highway – e.g. their car stalls while traveling down a highway – the pedestrian should walk on the left shoulder of the highway or on the shoulder of the highway facing oncoming traffic, making drivers aware of a pedestrian present on the highway.
Keep in mind that this is very dangerous, putting both pedestrians and drivers at risk. If you can, always exit the highway first and park your vehicle in a well-lit area to call for help.
Austin Car Accident Attorneys are Ready to Assist You in Seeking Justice
Being involved in a car accident can take a toll on your physical and mental health. The Austin car accident attorneys at Ramos James Law, PLLC, can help you get any compensation you need and deserve to help you recover.
If you or a loved one have been involved in an accident, contact your car accident attorney at Ramos James Law, PLLC.
Source: San Marcos Record
Posted on Thursday, December 23rd, 2021 at 10:53 pm
On December 23, 2021, at 2:40 a.m., a driver died after striking a deer then crashing into a tree near McCallister Park in San Antonio, TX.
Details About the Accident
According to authorities, the driver was heading down Jones Maltsberger Rd. when a deer crossed her path. The driver struck the deer and then collided into a tree. She was pronounced dead at the scene. Police say the driver wasn’t wearing her seatbelt.
The accident caused the road to close in both directions for several hours.
Animal Crossings and Personal Injury
To be frank, wild life cannot be held liable for car accidents as they lack the insurance to make a claim against. However, there are certain options you can take if your car accident happened because of an animal.
If what caused your car accident was a wild animal like a deer, coyote, etc., you may want to check with your insurance company. They may be able to help you with medical expenses, loss of income, or repairs to your vehicle.
If livestock (e.g. horses, cattle, sheep, etc.) were in the middle of the road and caused a car accident, the owner could be held liable. Livestock owners have a responsibility to keep their livestock enclosed, and if their livestock breaks away, it could be considered negligence.
If another driver was driving negligently or violating a traffic rule, causing the deer to run into your lane, that driver could also be held liable for damages you incurred. In either of these last two cases, you should contact an Austin personal injury attorney right away.
Austin Car Accident Attorneys Care for Your Safety
The Austin car accident attorneys at Ramos James Law, PLLC care about your safety on the road. We know that the aftermath of an accident is difficult to process, but know that we are here for you.
If you have suffered injuries because of a car accident, contact Ramos James Law, PLLC today.
Source: CBS Austin
Posted on Wednesday, November 24th, 2021 at 2:19 am
When people think of Texas, people think of tumbleweeds, dirt roads, and a bright sun that provides us with a warm climate year round. Texans know first hand, though, how harsh the winters in this “western movie” state can actually be.
Last year was a true testament to how jarring a Texas winter can be, both at home and on the road. Be prepared this holiday season with these tips on how to stay safe while traveling.
Holiday Traveling Tips Straight From an Austin Car Accident Lawyer
The following tips are suggestions on how to be safe and unstressed during “the most wonderful time of the year,” as one deserves to.
1. Plan a Trip to a Less Popular Location
Easier said than done, we know, but choosing a less trendy, more relaxed vacation spot this holiday season can be well worth it in terms of safety. Busier vacation getaways are full with people who thought of visiting the same area, and with more traffic on the road, the more chances of getting into a car accident, especially if you are traveling to a state or country that snows.
2. Travel During Slower Days
Days closer to the holidays are obviously going to be a busier time on the road and at your destination. We suggest that you travel once the holiday is over or on the same day of the holiday before people are nearing their journey’s end.
3. Plan an Alternate Route
Traffic can really kill the holiday spirit when travelling. Let’s not forget the dangers of traveling where there are icy roads. Having a backup route on deck helps you avoid traffic jams, busy areas, and auto accident injuries. Instead, enjoy the nice, long scenic route safely with your family this holiday season.
4. Make Sure Phones and Devices are Charged
Before hitting the road this holiday season, be sure everyone’s cell phone and/or devices are fully charged. You never know when there might be an emergency or if you need a travel application for more information.
5. Pack Lightly
It would be a smart idea to have gifts shipped to your destination if you are traveling for Christmas instead of overloading your vehicle. Carrying excessive weight in your vehicle can cause problems with the brakes, suspension, and exhaust systems. This would only give you more things to worry about besides traffic and icy roads.
6. Pack Your Favorite Snacks
Snacks are one of the best parts of road tripping, but if you’re traveling during the holidays, it is essential. You never know if traffic jams will allow you to get to a restaurant when you’re hungry, so having these snacks on hand can prevent you from getting “hangry” which can cause you to drive recklessly (or cause road rage).
7. Stay Calm
Traffic can be extremely frustrating, especially during the holidays. Try your hardest not to let it get to you and cause road rage. Road rage can lead to impetuous actions that may cause devastating consequences.
8. If You Get Into a Car Accident Near Austin, Contact a Car and Truck Accident Attorney
Our car accident lawyers at Ramos James Law, PLLC hope you and your loved ones travel safely to celebrate a successful and prosperous holiday season. However, if you find yourself involved in a car or truck accident this holiday season, we can help guide you through getting any injury compensation you deserve.
Posted on Thursday, November 18th, 2021 at 2:06 am
On November 14, 2021 at 4:06 a.m.,a stranded driver was killed on State Highway 195 in Killeen, TX.
More About the Killeen Car Accident
Authorities believe the driver of an indisposed vehicle stepped out of the car and onto the roadway. Another car going northbound struck the stranded driver, causing him fatal injury immediately. The car proceeded to cross over the medium into the southbound lanes.
Police found the gentleman’s body in the center median area.
The driver of the car which collided with the deceased is being treated with non-life threatening injuries at Baylor Scott and White Hospital in Temple, Texas.
What to Do If Your Vehicle Breaks Down on the Highway
Cars breaking down on a highway can be both frustrating and frightening. During the day, the highways are busy with fast moving vehicles who are not at the mercy to stop at their will. At night, there can still be a lot of traffic, on top of it being dark and harder to see.
The Texas Department of Public Safety (DPS) offers these tips on what to do if your car shuts down on the highway:
- Don’t panic. Although it is scary, remaining calm helps make better decisions.
- Call for assistance from authorities to help get you and your car out of danger.
- Park your car as far from traffic as possible, and only if you can do so safely.
- If you need to exit the vehicle, exit from the passenger side.
- Make the vehicle visible, especially at night, by leaving lights on and turning on flashers or emergency lights.
Austin Car Attorneys Are here for Your Safety
With years of experience in representing auto accident victims, our Austin Car Attorneys at Ramos James Law, PLLC have what it takes to help them get the compensation they need. We know that the aftermath of an accident is difficult to process, but know that you aren’t alone.
If you have suffered injuries because of a car accident, contact Ramos James Law, PLLC today.
Posted on Friday, August 6th, 2021 at 9:57 pm
On Wednesday, July 28th, an Austin police officer was involved in a major accident with an 18-wheeler.
Details About the Accident
According to reports, the accident occurred in the 7800 block of FM 969 near Decker Lane. The police officer was on their way to respond to an urgent call when they were struck by an 18-wheeler.
The officer was transported to a local hospital after being pinned under the tractor and suffering catastrophic injuries.
Texas Department of Transportation data shows that the one-mile stretch of FM 969 between Johnny Morris Rd. and Decker has seen dozens of crashes since late 2018. This stretch of road has also been slated for improvements and seen a reduction in speed.
How to Drive Safely Around 18-Wheelers
Every year, more than 4,000 accidents involving large trucks or buses occur. While driving around or alongside 18-wheelers can be quite intimidating, there are steps and measures you can practice to enhance your safety.
1.Never Text and Drive
Driving while texting is extremely dangerous and should never be done when behind the wheel. When traveling on the highway, a five-second glance at your phone is like traveling the length of multiple football fields blindly. If an 18-wheeler suddenly stops in front of you, there is a great likelihood that you crash into it.
2.Do Not Cut Off Semi Trucks
You do not want to be the way of a semi-truck due to their size and weight. Because of their size and momentum, it can take an 18-wheeler a considerable amount of time to come to a complete stop. For example, it can take an 18-wheeler driving at 60 mph about the length of three football fields for them to come to a complete stop.
3.Pass Trucks Quickly
While driving alongside an 18-wheeler, you need to give them their respective space. When coming up on an 18-wheeler, it is a best practice to pass them up as quickly as possible at a safe rate of speed.
By doing so, you will also be getting out of their blind spots. Lingering in a blind spot can be dangerous and can easily lead to an accident.
4.Give Trucks Room to Turn
18-wheelers are large, long, and need space to maneuver.
To avoid getting caught in their turning space, give them adequate room to make their turn. For instance, at an intersection, it is best to stop several feet behind the stop lines so that they have adequate room to make their turn – especially if they are making a right-hand turn.
5.Give Trucks the Right of Way
If you are in a situation deliberating who has the right of way, allow the 18-wheeler to go first. This allows the truck to get out of the way, allowing you to continue on the road safely.
Other safety practices include:
- Keep an eye on the lights of the semi-truck to determine whether it is stopping, turning, or moving in some other manner
- Watch for drifting and lane straddling
- Be a responsible driver yourself and avoid negligent behavior when behind the wheel
Austin Truck Accident Attorneys Here for You
Driving alongside 18-wheelers can be intimidating for even experienced drivers, but with the right driving practices, you can best protect yourself and others. However, accidents do happen.
If you or a loved one are ever involved in an 18-wheeler accident, the Austin truck accident attorneys at Ramos James Law, PLLC, are ready to fight for the justice you deserve.
Posted on Thursday, May 27th, 2021 at 4:39 pm
Before you can assess what your Texas injury claim is worth, you must look into whether there is a reasonable cause to sue the individual at fault.
Your injury case will be based on whether or not the driver (or other at-fault party) failed his duty to regard other drivers. A driver who gets distracted behind the wheel in any way, including texting or talking on a cellphone, has intentionally put other people sharing the road at risk. If you can prove that the driver was acting negligently, the driver is then responsible for the damages he or she has caused.
Today, your compassionate Austin car accident attorneys at Ramos James Law, PLLC will go more in depth in regards to what kind of settlement you can expect from a distracted driving accident.
Damages Awarded From Distracted Driving Car Accidents in Austin
With Texas being a pure tort liability state for auto accident victims, any person hurt in a car accident can seek compensation from the guilty individual. Generally speaking, a car accident victim’s initial step is to seek compensation from the at-fault driver’s insurance company. Liability coverage usually covers the damages up to the policyholder’s limit.
When a distracted driver is responsible for causing a serious or deadly injury, however, an insurance policy might not pay for all of the economic and non-economic costs.
When you exceed policy limits or your insurance company rejects your liability, taking legal action can be the best course of action to recover additional damages. If a victim sues the at-fault driver in Texas court, they may be able to recover:
- Medical expenses (e.g. ambulance ride, emergency room visit, hospital stay, surgery, radiology, and/or medication).
- Future medical costs when an injury needs extensive recovery time or leads to a permanent disability that requires lifelong care.
- Rehabilitation costs (e.g. physical therapist visits and assistive devices including crutches, prosthetic limbs, and wheelchairs).
- Loss of wages for time away from work due to injury and/or hospitalization.
- Lost earning capacity for future wages when a life-changing injury prevents a victim from being able to work.
- Pain and suffering from the injury.
- Loss of consortium with a spouse.
- Scarring and disfigurement when injuries result in amputation or scars.
- Punitive damages (intended to punish the defendant and prevent wrongful conduct).
Note that punitive damages can be awarded in personal injury cases in Texas where intentional harm or gross negligence is involved. In distracted driving cases that result in severe injury or death, the court may deem certain distracting behaviors as gross negligence and award punitive damages.
Secure Fair Compensation for Your Distracted Driving Accident With Our Austin Car Accident Lawyers
If you’ve been injured in an Austin car accident that was caused by a distracted driver, or have lost a loved one to a distracted driving accident, you only have a specific amount of time to file a claim.
The Lone Star State has a two-year statute of limitations for personal injury, so don’t lose the chance to recover sufficient compensation to cover the physical pain of recovery and financial burden of medical bills you may not be able to afford.
Was your injury caused by the carelessness of a distracted driver? Contact Ramos James Law, PLLC, for your FREE, no-obligation virtual consultation!
Posted on Tuesday, May 4th, 2021 at 7:29 pm
On the early morning of Sunday, March 28th, a rollover accident near the 500 block of Cameron Road and Springdale Road in Austin led to a fatality.
Austin-Travis County EMS arrived at the scene at approximately 3:00 a.m. and are still trying to determine what factors caused the accident. No other parties were involved.
Rollover Accidents Explained
Rollover accidents, by nature, can be some of the most catastrophic types of accidents that occur. The larger and narrower a vehicle might be, the higher the likelihood it may rollover due to a high center of gravity.
These types of accidents are responsible for 35% of all annual fatalities on U.S roadways, while approximately 85% are classified as single-vehicle accidents.
Rollovers can occur for a variety of different reasons, including speeding, distracted driving, impaired driving, or awkward, untimed swerves.
Shocking Austin-Based Statistics to Be Aware Of
The City of Austin sees plenty of dangerous car accidents daily.
According to the latest annual fact sheet developed by the Texas Department of Transportation, Austin experienced 20,458 car crashes in 2019.
Of these reported incidents, there were:
- 4,264 accidents that led to 6,528 individuals suffering possible injuries.
- 3,743 accidents that led to 5,129 individuals suffering non-incapacitating injuries.
- 626 accidents that led to 742 individuals suffering serious injuries.
- 120 accidents that led to 123 individuals losing their lives.
Austin Personal Injury Attorneys Ready to Fight By Your Side!
When a catastrophic accident destroys your life, you have every right to seek justice and recovery for the pain and suffering you have had to endure.
The Austin car accident attorneys of Ramos James Law, PLLC, will guide you through the necessary steps to seeking justice for your physical and emotional damages.
Do not hesitate to seek help! Contact Ramos James Law, PLLC, today for a FREE, no-obligation virtual consultation!
Posted on Monday, May 3rd, 2021 at 8:31 pm
When a distracted driver causes a preventable collision, you are entitled to seek financial recovery for any damages they have caused to you.
When filing a civil suit against said driver, your best chance of proving negligence is to gather as much evidence as possible at the time of the incident – assuming you have not been seriously injured and can safely do so.
The Austin car accident attorneys of Ramos James Law, PLLC, are here to explain what distracted driving is and what evidence is needed in order to help support your claim.
What Is “Distracted Driving?”
Distracted driving can be classified as an event that does not allow a driver to focus and keep their cognitive, visual, and/or manual control of driving their vehicle.
Distracted driving behaviors include the use of a cell phone when behind the wheel, changing radio stations, eating and drinking, general reckless driving, or even having a conversation in which you are constantly looking at your fellow passengers while you drive.
As per the American Automobile Association (AAA), distracted driving leads to approximately nine deaths every day and 1000’s of injuries. Additionally, there were approximately 398 Texan lives lost on roadways in 2019 as a result of distracted drivers.
Being distracted for five seconds is all it takes to cause a catastrophic accident that could’ve been avoided.
Evidence to Gather in a Distracted Driving Accident
When a negligent driver causes damages to your body and/or personal property, it is crucial to gather evidence to support any claim you may file. Of course, depending on the circumstances of your accident, you may need help from a loved one to help you secure the following types of evidence:
- Photographs and/or video pertaining to the accident, including physical damages you suffered, vehicle damage, the location of the accident, and key street signs.
- The full legal name of the negligent driver, their phone number, model of their vehicle, license plate number, and insurance information.
- Any police reports (once they become available).
- Any and all medical reports, medication prescriptions, hospital bills, proof of rehabilitation treatment, and doctor’s notes.
What a Negligent Party Can Be Held Liable For
If proven guilty of causing an accident, a defendant (the negligent distracted driver) can be responsible for but not limited to:
- Medical bills
- Pain and suffering (physical and emotional)
- Lost wages due to missing work as a result of injuries sustained
- Vehicle and intellectual property damages
Austin Car Accident Attorneys Ready to Fight for Your Recovery!
When a distracted driver wreaks havoc into your life, causing serious harm that keeps you from the things you love, you are entitled to seek the financial recovery you deserve.
The Austin car accident team of Ramos James Law, PLLC, is determined to make things right. We will fight tooth-and-nail to get the financial compensation you deserve!
Contact Ramos James Law, PLLC, today for a FREE, no-obligation virtual consultation!
Posted on Saturday, April 17th, 2021 at 9:23 pm
April may be known for its various festivities like Easter, sporting events coming into full swing, and springtime fully blooming over.
April is also designated as Distracted Driving Awareness Month, a time where communities learn about the catastrophic–and often lethal–dangers of distracted driving.
The Austin car accident lawyers of Ramos James Law, PLLC are taking a look at what exactly counts as distracted driving, along with some advice on how you can prevent such a potential disaster from occurring.
What is Distracted Driving?
Distracted driving can range anywhere from:
- Texting and driving
- Eating or drinking while driving
- Changing playlists/adjusting GPS while driving
- Reckless driving/speeding
- Conversations or heated arguments with passengers
These types of instances keep you from putting your full attention to the road, potentially leading to serious car accidents in the blink of an eye.
According to the American Automobile Association (AAA), 9 individuals are declared dead and 1,000 are injured on a daily basis resulting from distracted driving accidents.
In 2019, 3,142 individuals lost their lives across U.S. roadways as a direct result of these types of accidents, which accounted for 8.5% of all U.S. roadway fatalities that year.
Additionally, cell phone use while driving can dramatically take a toll on your brain’s focus by 37%. Texting or posting on social media can take away a person’s ability to focus on the road for an average of 5 seconds, which is more than enough time to be involved in a preventable tragedy.
Key Tips to Avoiding Distracted Driving
While nobody can prevent a car accident, the best thing we can do as drivers is to:
- Avoid multitasking while driving. Refrain from doing anything that will keep your attention off of the road, including phone use, radio or playlist changing, eating or talking on the phone, even through Bluetooth technology. The safety of you and your passengers should be prioritized first and foremost.
- Use your iPhone and Android technology to limit features before driving. Turning on these features prevent certain functions while a car is in motion. It can be significant in avoiding a catastrophic accident.
- Ask your passengers to kindly respect the fact that you are driving. A good friend or companion should always refrain from distracting whoever might be behind the wheel at all times. Additionally, a passenger should act as a second pair of eyes for a driver in order to help them navigate around safely.
Austin Car Accident Attorneys Ready to Represent You in Your Distracted Driving Accident
When a distracted driver causes a car accident, it can leave you or a loved one with serious injuries and costly damages to your property. Because of this, it’s always in your best interest to seek legal representation from the Austin car accident lawyers of Ramos James Law, PLLC.
Our attorneys will fight tooth and nail in order to earn the recovery you deserve for any physical and emotional damages you wrongfully endured.
Involved in a distracted driving accident? Don’t hesitate to contact Ramos James Law, PLLC, today to schedule a free consultation!
Posted on Friday, April 2nd, 2021 at 11:32 pm
In the unfortunate event of a car accident, you may experience a measure of relief knowing a claim handled through your insurance could help with medical bills and other associated costs incurred.
However, you may be surprised to learn that sometimes insurance claims are denied, and while every situation is different, we here at Ramos James Law, PLLC are going to explore the reasons your claim may be denied and identify ways to avoid that happening.
Common Reasons Claims are Denied
An insurance provider is a business designed to make profits. Understanding the way insurance companies work will help you better gauge what insurance adjusters consider in response to car accident claims.
Reasons for insurance claim denials may include:
1. A car accident could have been avoided.
After review, an adjuster may determine the car accident could have been avoided, or perhaps your actions led to or caused the accident. In these instances, it’s nearly certain your claim will be denied.
This could also be the case if an insurer believes you render the policy coverage ineffective (e.g. driving under the influence at the time of the car accident or allowing an unlicensed driver to use your car).
When the insurance company suggests you could have avoided the car accident, it may be in your best interest to speak with an attorney in Austin since it becomes evident the insurance company’s interests are in opposition to those of your own.
2. No complaint or treatment was made at the time of injury.
Following a car accident, it’s important to seek treatment immediately. Otherwise, an insurer will argue the injury wasn’t sustained or not related to the accident.
Obtain proof of your injury at the time of your hospital or doctor visit to provide with your claim. Doing so will strengthen your case, and by avoiding delay, there’s less likelihood an insurer can assess the injuries reported are made up or exaggerated in order to receive a payout.
Seek medical attention immediately; unfortunately individuals without the financial means to pay for medical treatment may be turned down simply for not receiving treatment when they needed it. This is often a point of contention between the injured individual and the insurance adjuster, and a much more common reason for a claim to be denied.
3. Medical records don’t report an injury or pain.
Without medical records to support your claim, it’s highly likely you will be denied. A lack of documentation ensures that you are unable to prove any damages you’ve sustained from your car accident.
4. Pre-existing conditions may nullify your claim.
In cases of a pre-existing condition, an insurance claims adjuster may claim that your condition is causing the injury or pain, rather than the accident. In cases where your condition is worsened by the accident, a claimant may be able to receive compensation, but it may pose more difficulty to prove what injury or pain was caused by the accident, and to what extent the injury was pre-existing.
5. Instances where a denial may be a sign of “Bad Faith”.
The previous examples are a few of the more common reasons claims are denied, and if you receive a notice of denial, it’s important to speak with your insurance company right away to determine what went wrong with your claim and what you may need to provide to fix it.
If you consider these issues are not applicable to your case, it’s possible the insurance company may have denied your claim in bad faith. What this means is that the insurer is not living up to the terms of the agreement to resolve your case.
When You Should Seek the Help of a Professional
It is generally more toward your benefit to speak with an attorney about your car wreck before you speak to an insurance claims adjuster, but if your claim is ultimately denied, get in touch with an Austin car accident attorney as soon as you can. Your attorney can advocate on your behalf to learn what problems existed with your claim and work to fix the problem in order to receive the benefits to which you’re entitled.
Attorney Laura Ramos James has the experience and dedication needed to fight for your rights. Whether you or a loved one has suffered a serious injury or death in an auto accident as a result of another driver’s negligent driving, you could be entitled to compensation for damages.