January 2010 Archives

January 20, 2010

Texas Motorcycle Accident Victims Deserve More Protections

Texas motorcycle accident victims need more protections. If you hit a pedestrian in Texas you're pretty much in trouble. The notion is that pedestrians are so vulnerable to injury by a motor vehicle that motorists should be extra careful where pedestrians are concerned. Yet motorcyclists are no less vulnerable but the attitudes toward motorcyclists are much different. When a motorcyclist gets maimed or killed many Texans have the attitude that if you ride a motorcycle you deserve what you get. Similarly, there seems to be a feeling in East Texas that all vehicles have the right of way over motorcycles.

Texas is really missing the mark when it comes to motorcycles. Motorcycles are the most fuel efficient single passenger motor vehicles on Texas roadways. With fuel prices having recently set all time highs we should be encouraging and protecting the use of motorcycles. We have special "high occupancy vehicle" (HOV) lanes to encourage car pooling but give no special consideration to motorcycle riders who are far more fuel efficient than a car full of car poolers. Why not allow motorcycles to use the HOV lanes?

Texas also needs stiffer penalties for negligent motorists who cause accidents with motorcycles. While motorcycles are more fuel efficient their riders are likewise more vulnerable and need greater protections. Perhaps criminal penalties similar to those which apply to speeders in school zones would be appropriate. We also need greater civil penalties, such as increased punitive damages, for negligent drivers who cause injuries to motorcyclists. As fuel prices continue to rise motorcycles, as well as tiny fuel efficient cars, are going to become increasingly present on Texas roadways and only with increased protections and awareness are we going to be able to avoid maiming and killing large numbers of the drivers of our most fuel efficient vehicles.

For more information contact a Tyler Motorcycle Accident Attorney today.



January 10, 2010

Under Texas Law The First Time A Dog Bites Someone Is Not Free

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I've heard a lot of people say that "the first dog bite is free" meaning that there is no liability for a dog owner the first time that a dog bites someone. This saying simply isn't true. After a dog has bitten someone in the past the owner of the dog is clearly on notice that the dog has a propensity to bite and the owner will have a harder time arguing that they were unaware of the dog's aggressive tendencies but that still does not equate to a dog owner getting a pass the first time that a dog nails someone. The fact that a dog has not bitten in the past does not mean that there is not other good evidence which places the owner on notice that their dog will bite. Evidence that a dog is extremely territorial might indicate that a dog would attack. A dog that is unfriendly toward strangers might reasonably be expected to bite.

Regardless of what the dog nuts like to claim certain breeds are also just more likely to be aggressive and bite. Historically, Rottweilers, Pit Bulldogs and Doberman Pinchers are all more likely to attack. Centuries of breeding these dogs for security purposes and fighting have been successful. Sure, there are individuals in these breeds that are big sleepy lapdogs but as a group their breeding causes them to be more likely to go on the offensive and hurt someone. Certain individual dogs are also aggressive because of their training. Most dog trainers will agree that the way a dog is raised and trained has a big impact on the dog's behavior. A dog that is trained to be a watchdog and to become aggressive when strangers approach can be counted on to bite, regardless of whether it has bitten in the past.

The first bite is not free in Texas. The fact that a dog has not bitten in the past is nothing but one fact to be considered when determining whether the owner knew or should have known that the dog would bite.

For more information contact a Tyler Dog Bite Lawyer today.