Author: Zreyna Law

For many years, people have decided to move out to the country to escape the dangers of living in a big city; but research has now shown that driving in rural areas is not as safe for children riding in cars. Go Safe Labs has released a new national traffic study which concluded that children are more likely to be involved in a car accident in rural areas versus urban areas. The study also revealed the top ten least safe states for car accidents involving children, which included Texas.

By using publicly available data from government resources, Go Safe Labs was able to look at over 300,000 fatal car accidents and found that the top 10 states with the highest numbers of child injuries or fatalities were Texas, California, Florida, Indiana, North Carolina, Alabama, Illinois, Arizona, and Ohio. The data also showed that more children were injured or killed in rural car accidents (57%) when compared to urban car accidents (43%). Rural car accidents involving children also had more severe injuries across the nation when compared to urban accidents. Sadly, nearly two-thirds of children involved in a car accident in a rural area were severely injured.

This data should remind parents to always take appropriate precautions and use properly fitted car seats for their children each and every time they put their children in the car.  Families in rural areas have decreased access to in-person child seat safety checks. While virtual child seat checks are becoming more available during COVID-19, parents must take the initiative to get their car seats properly checked for safety before using them.

Causes of Texas Rural Car Accidents

According to the Texas Department of Transportation, the top causes of car accidents in rural areas include:

• Driver Inattention
• Failure to Control Speed
• Speeding
• Failed to Drive in a Single Lane
• Driving Under the Influence
• An Animal On the Road

Keeping Children in Cars Safe in Rural Areas

Keeping children safe while driving is a priority for all parents. To ensure that every child is safe in both rural and urban areas, parents should do the following:

• Make sure to have an age and size appropriate car seat for each child in the car.
• Have each car seat checked for appropriate installation and fit for each child.
• Buckle each child into their car seat every time they are in the car, even if the ride is very short.
• Drive without distractions. Staying focused on the road will make it easier to react to any sudden changes that could cause a collision.
• Drive the speed limit – even on an empty, country road. Many rural car accidents happen at high speeds, which means the crash damage can be much more severe.
• Never drive while under the influence of drugs or alcohol.
• Watch out for animals when on the road. Wild animals are commonly seen in rural areas and a deer or raccoon running across the road can easily cause a car accident when driving with your children.

South Texas Car Accident Lawyers

Being in an accident with your child in the car can be very scary and stressful, but you don’t have to handle it all on your own. By selecting quality legal representation, the injured won’t have to worry as much about their next steps because they will have the guidance and support of an experienced personal injury attorney. If you or a loved one has been injured or killed in a car accident, contact the Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a car accident in Texas, so don’t delay.

Increasing development of energy resources in Texas significantly contributes to the economies of many of our local communities and to our state as a whole. Energy companies provide employment to thousands of Texans and are vital sources of jobs in areas that may be economically disadvantaged. There are specific counties in Texas known as the Texas Energy Sector, where energy companies tend to group and work alongside each other. These counties include large parts of West Texas, South Texas, and even extend into cities like Dallas, Fort Worth, and El Paso. There are challenges, though, in these areas where oil and gas drilling activities occur, as there are increased numbers of workers and travelers driving through these areas of Texas along roads not always designed or equipped to support them.

In 2019, there were more than 205,000 car accidents in the Texas Energy Sector. These car accidents, which increased by 3% from 2018, sadly involved 1,638 crash fatalities in the state’s Barnett Shale, Eagle Ford Shale, Granite Wash, Haynesville/Bossier Shale, and Permian Basin. The roads in the Energy Sector can be long, lonely, and have long stretches with high speed limits. It may be tempting to speed along a dark highway or get distracted by messaging someone with your cell phone. Unfortunately, speeding and driver inattention contributed to an increase in Energy Sector car crashes in 2019. “Heavy trucks and work crews on state and county roads continue to create a challenging driving environment. That’s why we’re urging every motorist to slow down, drive smart and obey traffic laws to prevent crashes,” said TxDOT Executive Director James Bass. Drivers speeding by or not paying attention while driving are dangerous in general, but with the added dangers of slow-moving construction vehicles, work caravans, and/or large cargo trucks on the road, it can be deadly.

The Texas Department of Transportation (TxDOT) is doing its best to make drivers more aware of the dangers of speeding and driving while distracted. Texas drivers can expect to see a variety of safety reminders on billboards, social media, TV, and even at gas pumps. TxDOT’s campaign “Be Safe. Drive Smart” is specifically targeting the state’s energy-producing counties to help decrease the number of accidents each year. The campaign specifically asks drivers to:

• Drive a safe speed and take into account all traffic, road conditions, and weather ahead.
• Focus on driving 100% of the time. Put the phone away and do not talk or text while behind the wheel.
• Give large trucks and construction vehicles a good amount of space. Be patient with these vehicles and only pass when it is safe and legal to do so.
• Obey all traffic signals, stop signs, and traffic laws.
• Never drive while under the influence of alcohol or other drugs.
• Always buckle up, including the driver and all passengers, day and night. It is Texas law.

The production of energy from oil, natural gas, and wind has had a significant impact on the transportation infrastructure in the Energy Sector. Many roads were not designed for the amount of larger vehicles and construction machinery that are traveling across the state. Over time, this increased volume of heavy truck traffic has caused damage to the roads and bridges in the area. Drivers must drive at a safe speed, remain alert and attentive, and be able to spot any issues in the road ahead to avoid getting into a dangerous car crash.

Energy Sector Car Accident Lawyers

Car accidents caused by speeding or driver inattention can be absolutely devastating, but victims don’t have to handle them by themselves. By selecting knowledgeable legal representation, the injured won’t have to worry as much about their next steps. If you or a loved one has been injured or killed in a car crash, contact the South Texas car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.

Whether working long hours or staying out late with friends, getting enough sleep does not seem to be a high priority for many adult drivers in Texas. Driving while drowsy has become a serious problem in Texas, as we lead the country in the number of drowsy drivers nationwide. When looking at almost a decade of nationwide data, from 2010 – 2018, Texas is responsible for almost 24% of the deaths involving a driver who was drowsy. These deaths were completely preventable if the drivers had just gotten a few more hours of sleep.

Drowsy driving has claimed lives in every state over the past 10 years, with more of these crashes happening on state highways. Certain professions are more susceptible to driving drowsy, including commercial drivers, long-distance drivers, those who have diagnosed sleeping disorders, night shift workers, and senior drivers.

Warning signs that indicate a driver is too tired to drive include:

• Difficulty Focusing – If you find that your mind can’t focus on driving and that it is difficult to tell what is happening on the road ahead of you, you are likely too tired to drive.
• Daydreaming – When your mind wanders, you may not be able to pay attention to the road. If you find that you are daydreaming while driving, you may want to find a good place to stop and take a nap.
• Increased Frequency of Blinking – If you find you are blinking more often while driving, your body may be too tired to focus and drive. It only takes one blink lasting too long for a driver to fall asleep at the wheel.
• Repeated Yawning – Yawning is one of the most obvious signs of fatigue. If you are frequently yawning, it may be time to find a safe place to pull over and take a break from driving.
• Swerving on the Road – If you find that you are unable to control your vehicle, and you are swerving in and out of your lane on the road, you may be too tired to drive and should pull over.

Once you notice yourself displaying any of these signs, it is time to pull over and take a nap until you have enough energy to drive safely to your destination. If driving overnight and you need to stop, there are many roadside hotels and motels available to book so that you have a bed to sleep in for the night. Risking your life and the lives of other drivers just to arrive at a destination by a certain time is not worth it.

There are many ways to help prevent drowsy driving and to stay active while driving. Getting enough sleep, consistently, is the best way to start. Keep a consistent sleep schedule by going to bed and waking up around the same time each day. If your schedule or responsibilities do not allow for this, attempt to sleep for the same amount of time each night. A good rule of thumb is to get about eight hours of sleep each night to be well rested for the next day. When driving long distances, either for work or on a road trip, it is a great idea to have others drive with you. They can keep you awake by having a conversation, helping keep an eye on the road, and taking turns while driving. Another great idea is to listen to energetic music or an exciting podcast or audiobook while driving long distances.

Weslaco Car Accident Attorneys

If you sustain an injury in an accident that was caused by a drowsy driver, know that you are not alone. By selecting knowledgeable legal representation, you won’t have to worry as much about your next steps. Contact the South Texas car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.

Distracted driving has been proven to be unsafe, but more and more drivers are driving distracted each year. Whether you are answering a text message while on the road or eating a cheeseburger in the car from your favorite fast food drive-through, you cannot drive safely without keeping your attention fully focused on the road ahead.

What is Distracted Driving?

Distracted driving is considered to be any activity that takes the driver’s attention away from driving, including talking on the phone, eating and drinking, turning to talk to people in the car, interacting with the entertainment system on the dash, or anything else that divides your attention between driving and something else.

Distracted driving is divided into three categories:

• Visual, when the driver takes their eyes off the road.
• Manual, when the driver takes their hands off the wheel.
• Cognitive, when the driver takes their mind off of driving.

The scariest part of driving while distracted is just how significantly it diminishes the amount of time you have to react to changes on the road. Just sending or reading a text message can take your eyes off the road ahead for five seconds or more. If on the highway driving 60 mph, in those five seconds your car will cover the length of an entire football field all with your eyes on the phone. No one can drive safely unless they are driving without distractions. All types of distracted driving increase the risk of a serious car crash.

Current Distracted Driving Statistics

• According to the National Highway Traffic Administration, in 2018 alone there were 2,841 deaths directly correlated to distracted driving. This means that every day approximately eight people die from car crashes involving a distracted driver.
• Approximately 400,000 people nationwide are injured each year in distracted driving accidents.
• According to the Texas Department of Transportation, in 2019 there were 103,312 car crashes involving distracted driving, with 356 Texans losing their lives.
• 21% of teens involved a car accident are distracted by cell phones while driving.
• Parents with young children are more likely to be distracted while driving when compared to adults driving without children in the car.
• The majority of fatal crashes caused by distracted driving were caused by drivers under 30 years old using a cell phone at the time of the incident.
• In a study conducted by the AAA Foundation for Traffic Safety, data indicated that drivers ages 19 to 24 were more likely to write a text while driving.
• In that same study, 88% of young millennials admit to participating in some form of risky behavior (texting and driving, not stopping at a red light, speeding, etc.) while driving within the 30 days before the study was conducted.
• The most common reasons that drivers engage in distracting driving by responding to a text message or e-mail include: the message being “important,” the message being work-related, the message being personal or social, or the driver needing directions.
• Texting and driving doubles the chances of getting into any kind of accident. It triples the chances of being involved in a car accident where a vehicle leaves the road and crashes into a tree, hits a sign, or strikes another object off the road. Lastly, a driver who is texting while driving is seven times more likely to rear-end the car in front of them.

Weslaco Car Accident Attorneys

Car accidents caused by a distracted driver can be very frustrating, confusing, and stressful, but victims don’t have to handle it by themselves. By selecting knowledgeable legal representation, the injured won’t have to worry as much about their next steps. If you or a loved one has been injured or killed in a car accident caused by a distracted driver, contact the South Texas car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.

When driving in Texas, seeing cars go 10, 15, or 20 mph over the speed limit is a very common sight. When it comes to being a safe driver, speeding is a serious cause for concern. As a driver goes faster, they significantly reduce the amount of time they have to react to changes on the road ahead. Speed limits are put into place for a reason – each road has a different limit based on what area the road is in, the width of the road, how dense the traffic will be, etc. It has been proven that one of the main factors in fatal road accidents is speeding.

Speeding is so much more than just breaking the law – drivers who are speeding have greater potential to lose control of their vehicles. Drivers will also have significantly less time to react to perceived dangers in the road while speeding. These consequences, in turn, will increase the likelihood of that driver getting into a car accident. The severity of a car accident increases if one or more of the drivers was speeding before the crash occurred. Not to mention, speeding increases fuel consumption and cost.

Texas has two different types of speeding laws: a “basic speeding law” and “prima facie” speed limits. The basic speeding law prohibits drivers from driving faster than “reasonable and prudent under the circumstances then existing.” This means that drivers must maintain a safe speed the entire time they are on the road. That “safe speed” will depend on what road the driver is on and what the weather conditions are. For example, the speed limit on a Texas highway may be 60 miles per hour, which is totally appropriate on a bright, sunny day. If the road is wet or icy and it is very dark outside, driving 60 miles per hour may be dangerous and a violation of the basic speeding law.

Texas also has what are called “prima facie” speed limits. If you drive faster than the prima facie speed limit, that doesn’t necessarily mean you are guilty of breaking the law. You will still have the opportunity to prove in court that your speed was safe when driving. The judge or jury will determine if your speed was safe. Remember, though, that this does not mean you are allowed to speed down Texas roads because you will still get pulled over for going above the speed limit.

If you are pulled over for speeding and convicted in court, you will have to pay a fine and court costs. These vary by location in Texas but range from $130 to $300 depending on the speed by which the driver exceeded the speed limit. That is not the only fine a speeding driver may receive, however, as Texas does recognize speeding as potentially reckless driving. Reckless driving in Texas is a crime. If the driver of the vehicle drives with willful or wanton disregard for the safety of others or property, they are considered to be driving recklessly. These drivers do not care about the safety of those around them. If convicted, reckless drivers can face up to 30 days in jail and/or fines of up to $200.

Speeding goes hand in hand with serious car accidents; and, drivers who speed have the potential to be convicted of vehicular manslaughter or homicide if their speeding leads to the death of another person. A conviction this serious can carry significant prison time and thousands of dollars in fines, not to mention a lifetime of guilt from taking someone away from their family.

South Texas Car Accident Lawyers

Car accidents caused by a reckless, speeding driver can be absolutely devastating, but victims don’t have to handle them by themselves. By selecting knowledgeable legal representation, the injured won’t have to worry as much about their next steps. If you or a loved one has been injured or killed in a car accident, contact the Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.

Most people think that in accidents between cars and pedestrians, the driver of the vehicle must be at fault. We were all taught that the pedestrian always has the right of way; however, from a legal standpoint that may not be true. In a car accident involving a pedestrian, the pedestrian can be at wholly or partially at fault.

How Is Fault Determined?

According to Texas Transportation Code, Title 7 §552, pedestrians do not have legal access to all roadways. In many parts of Texas, pedestrians are not allowed to walk across highways, bridges, and busy roads in high-traffic areas. Roads where pedestrians do have access contain rules, traffic signals, and signs that show pedestrians how and when to cross a street or intersection.

After a car accident that involves a pedestrian occurs, the police / emergency services should be called right away and medical attention should be given to anyone involved in the accident that was injured. The police will speak to all parties involved, including witnesses to the accident, and will put the information obtained into a police report. The police will note if the driver of the vehicle broke any relevant traffic laws and/or if the pedestrian had violated any city or state laws.

If the driver of the vehicle that hit the pedestrian is clearly at fault for the accident, the pedestrian should have no issues receiving fair compensation from the driver’s insurance carrier for the damages caused. The pedestrian may still need experienced legal representation to ensure the insurance company does not attempt to under-compensate them.

A pedestrian may be found partially or fully at fault for the car accident if they were:

• Crossing an intersection when there is a “Do Not Walk” signal
• Entering the street while intoxicated
• Jaywalking (crossing the street outside of a crosswalk)
• Walking in areas where pedestrian access is prohibited (freeways, bridges, etc.)

In some rare cases, the pedestrian may be fully at fault for the accident and they will not be able to recover compensation for damages that occurred. The driver could turn around and sue the pedestrian for compensation for their injuries and any damages to the vehicle.

Shared Fault in a Car Accident Involving a Pedestrian

Even if a pedestrian does some of the above behaviors to cause a car crash, the driver of the vehicle can also still be partially at fault. If the driver was speeding – even if the pedestrian was jaywalking – the driver would have been breaking a traffic law and would not have left enough time to react to the pedestrian walking into the road.

When both the driver and the pedestrian are found to be at fault, what happens? Texas courts may assign proportionate responsibility and compensation to both sides based on each side’s amount of responsibility. Whether you are the pedestrian or the driver, to receive partial or full compensation for your injuries, the court has to determine that you were less than 50% responsible for the accident.

South Texas Car Accident Attorneys

Car accidents involving a pedestrian can be complex and stressful situations. Whether you were the driver or the pedestrian, you should not have to handle this alone. By choosing experienced legal representation, the victim won’t have to worry about what steps to take to receive fair compensation for the accident. If you or a loved one has been injured or killed in an auto pedestrian accident, contact the Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a Texas car accident, so don’t delay.

Car accidents occur every day and are caused by a variety of reasons, including bad weather, road hazards, or mechanical car issues. However, according to the National Safety Council, about 94% of motor vehicle accidents happen purely from driver error. This means that nearly all car accidents are preventable.

While the development and implementation of fully automated cars is on the horizon, drivers are still human and can make errors while driving their cars. Here are some of the most common driver errors that lead to car accidents:

Driving While Distracted

Distracted driving is any activity that diverts attention away from driving. There are so many ways for a driver to be distracted while in their vehicle. Cell phones, entertainment and infotainment systems, fast food, and more can take a driver’s eyes off the road. Drivers talking on cell phones, handheld, or Bluetooth miss recognizing up to 50% of the changing environment around their vehicles, including other cars, motorcycles, pedestrians, and bicycles. Drivers who are texting or reading and responding to emails will recognize changes in the environment even less. Sending a text or reading an email can take your eyes off the road for an average of five seconds. When driving at around 55 mph, that would mean keeping your eyes off the road for around 100 yards – or the entire length of a football field. Any non-driving activity engaged in while driving exponentially increases your risk of crashing.

Not Communicating Clearly to Other Drivers

Many drivers fail to use proper signals that are meant to communicate their intentions to other drivers. Using turn signals to indicate the intention to change lanes or make a turn is vital to showing other drivers that you are changing your pattern of driving. Also, making sure that your brake lights, headlights, and turn signal lights are all in working order is essential to driving safely. Without properly working lights, cars behind you and in front of you may not know what your vehicle is doing, and thus cannot prepare for a change you may be about to make. Clear communication through signals and lights can reduce the chance of a car accident.

Violating Traffic Laws

Traffic laws are put in place to keep drivers safe while on the roads. Drivers who do not follow traffic laws are more likely to get into a car accident. One common traffic law violation is speeding. All drivers should obey the speed limit, but many drivers fail to do so. Speeding creates dangerous situations and reduces the amount of time a driver has to react to any changes that occur on the road, including other drivers stopping suddenly, road conditions becoming wet from rain, or the road curving sharply.   Another traffic law that drivers commonly violate is not stopping at red lights or stop signs. Paying attention to and adhering to traffic signals and signs helps prevent car accidents from occurring. Drivers who do not stop at stop signs or who run red lights greatly increase their chances of causing a car wreck that serious injures themselves and others on the road.

Weslaco Car Accident Lawyers

Car accidents caused by driver error are scary, confusing, and stressful, but victims don’t have to handle them by themselves. By selecting knowledgeable legal representation, the injured won’t have to worry as much about their next steps. If you or a loved one has been injured or killed in a car accident, contact the South Texas car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.

Driving on Texas roads is not always a stress-free experience. You may be in a hurry to get somewhere but the driver in front of you is just not going fast enough for you. The temptation to tailgate that car might be very high, but tailgating can lead to serious car accidents and is considered aggressive driving in Texas.

Reaction Time Matters

An average size car going 60 mph requires a minimum of 240 feet to stop safely once the brakes have been pressed. Before you press the brake pedal, it can take 60 feet just for you to realize that you need to stop in the first place, then 180 feet for the vehicle to come to a complete stop. This does not factor in how heavy your vehicle may be, if the road is wet or oily, or if there is debris in the road – all of which can significantly increase the distance required for the car to be able to stop. Wet roads increase the distance to stop by as much as four times.

If you are tailgating the car in front of you and that car suddenly stops or slows down, there will not be enough time to react to that sudden change. The likelihood of crashing into that vehicle is extremely high and could cause horrible damage to your vehicle and injure yourself and those in the vehicle in front of you.  Auto collisions due to tailgating are incredibly common. According to the National Highway Traffic Safety Administration, 23 percent of all motor vehicle crashes are rear-end collisions, which lead to an average of 2,000 deaths and almost 1,000,000 injuries every year.

Follow Safely

No one likes to be tailgated. It can be a scary experience and can make a driver feel incredibly uncomfortable. When driving, try to keep a good amount of space between you and the driver in front of you. A safe distance would be about 10 feet per 10 mph of speed. For example, if a vehicle is going 45 mph, the driver should maintain 45 feet of distance between their car and the car in front of them. Measuring exact distance is not the easiest thing to do when driving, but there are ways to estimate it, including:

• Observe cars around your vehicle on the highway and try to stay about five to six car lengths away from a car in front of you.
• Observe the road markers along your drive. Choose a road marker and watch when the car in front of you passes it. Count the number of seconds it takes between their car passing and then your car passing that same road marker. That time should be at least three seconds. Double that amount of time for wet road conditions.
• If tempted to tailgate, make the decision to safely pass the car ahead of you instead.

Drive Defensively

If you are being tailgated, stay calm and try to take a few defensive measures to avoid being rear-ended. Stay in the right-hand lanes to allow faster vehicles to pass while driving. If being tailgated in the left-hand or center lanes, safely change lanes to allow the faster vehicle to pass. Leave enough space between your car and the car in front of you so that if there is a car crash, it will not be a multi-vehicle crash. If driving on wet roads, increase that amount of space to allow for increased reaction time if a sudden stop occurs.

South Texas Car Accident Lawyers

Car accidents caused by tailgating can be confusing, complex, and stressful, but victims don’t have to handle it all on their own. By selecting quality legal representation, the injured won’t have to worry as much about their next steps because they will have the guidance and support of an experienced personal injury attorney. If you or a loved one has been injured or killed in a car accident, contact the Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.