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New Braunfels Law Blog

Tips for safer tailgating this football season

If it's autumn in Texas, that means one thing — tailgating season is in full swing once again. No matter which team it is you're cheering on to victory, tailgating before and during the game can be great fun.

Just as with other fun outdoor pursuits, there is a bit of a risk involved with some tailgating activities. Read on to learn how you can have a safer tailgating experience this year.

Potential challenges to DUI charges

DUI charges in Texas can be damaging for the accused individual and their reputation and can affect their personal and professional lives. As a result, it is essential for accused individuals to understand criminal defense protections related to charges of driving under the influence.

It is essential in a traffic stop for accused individuals to know what their criminal defense rights are and how to enforce them for their protection when they are facing DUI charges. The accused individual may be faced with a difficult decision whether or not to submit to a breathalyzer test and if they refuse a breath test, the accused individual may have their license suspended, may be placed under arrest and may have a warrant to have their blood tested pursued.

How Much do Brian Injuries Cost?

The price of a brain injury can be daunting for Texas victims and their families to handle. Brain injuries can result in significant physical, financial and emotional costs for victims, including acute and hospital care and rehabilitative care as well. Victims can also suffer a significant effect on their personal and professional lives.

That is why familiarity with personal injury legal protections becomes so important for victims of a traumatic brain injury and their families. Brain injuries can cost victims in medical costs, which can be ongoing, lost wages while they cannot work and emotional damages. A personal injury claim for damages can allow the victim to recover compensation for their physical, financial and emotional damages.

Avoid these costly mistakes after a wreck

Whether tourist season is still going strong or things have died down for the winter, there is still plenty of traffic on Loop 337, Interstate 35 and in and around New Braunfels. The more traffic there is, the more at risk you are of becoming involved in a car accident. You probably already know what to do after a car accident, such as not leaving the scene and calling the police, but are you familiar with the mistakes you should avoid?

Even a seemingly minor mistake in the wake of a car wreck can cost you. In some cases, the insurer might flat out deny your claim due to an action you did or did not take after a motor vehicle collision. Here are some of the more common mistakes you should avoid after a wreck.

How pecuniary loss is determined in a wrongful death lawsuit

When someone files a wrongful death lawsuit over the death of a family member, the damages awarded by the court are based on certain criteria. These criteria include loss of support that the survivors received from the deceased family member, loss of prospective inheritance and expenses incurred for medical treatment prior to death, as well as the costs associated with conducting a burial. In the words of the court of law, the compensation awarded for these losses are known as pecuniary damages.

In order to determine the pecuniary losses, courts consider several factors, such as the victim's age, the victim's character and condition, earning capacity (both present and future), health and intelligence and also the financial circumstances of the survivors who have filed the wrongful death claim. Although the determination process may seem straightforward, the fact is that measuring the extent of damages in financial terms is often a challenging task, both for the plaintiffs and for the juries.

Defenses that may be possible when facing drug charges in Texas

Laws in our state and the rest of the country are strict when it comes to the prosecution of individuals facing drug charges. As people in and around New Braunfels know, our state has a long international border, which means that an innocent person may get entangled in drug-related investigations, sometimes because they live in the vicinity of drug dealers or because their paths accidentally crossed with someone who is involved in the drug trade. Irrespective of the reason, it sure is a lot of harassment for any person.

It is for this reason that it is imperative for those innocent people, who have been charged with a drug-related offense, to seek adequate legal defense as soon as possible. After engaging a defense attorney, the first step for the accused is to narrate the facts of the case as they happened so that the attorney can determine that defenses would suit the circumstances of the case of that particular accused.

Concussion diagnosis and treatment: Protect against more trouble

If you have reason to believe you've suffered a brain injury, such as a concussion, it's critical to receive immediate medical attention. For example, if you were injured in a car accident, move to safety and call 911 to request an ambulance.

A concussion is not the most serious brain injury, but it's dangerous enough to alter your life.

Recovery from some kinds of spinal injuries is possible

Other than brain injuries, spinal cord injuries may be the most feared and potentially debilitating of all major injuries associated with motor vehicle collisions. Your spinal cord is the conduit that allows your brain to communicate with the rest of your body. Spinal cord injuries can impede or completely disrupt the ability of your brain to communicate with the nerves throughout your body.

While most people understand the basic idea that the spinal cord plays a critical role in motor function, few people understand spinal cord injuries and the impact they have on your life. While total or complete spinal cord injuries are typically permanent, partial spinal cord injuries that involve pinching, cutting or tearing of the spinal cord without fully severing it may offer an opportunity for future recovery.

What are the legal elements of a wrongful death lawsuit?

According to Title 4, Chapter 71, of the Texas Civil Practice and Remedies Code, a party is liable for paying damages arising from an injury that causes an individual's death, provided that the injury was caused by a wrongful act, neglect, carelessness, unskillfulness or default. It is based on this statute that wrongful death lawsuits are filed in our state. To understand the law more clearly, one needs to know break down the various elements that are a part of bringing a wrongful death action.

Obviously, the first and foremost element of a wrongful death lawsuit is the death of an individual. Next, the death must have occurred either as a result of negligence on someone else's part or as a result of someone else's intent to cause harm. The next element is the survival of a family member of the deceased who is suffering emotional and financial distress as a result of the death. Last, but not the least, there has to be an appointed personal representative, a family member or someone else, of the decadent's estate.

Federal law prohibits truckers from texting and driving

It is common for truck accidents victims to sustain serious injuries or even lose their lives. Like in cases of car accidents, a major reason behind truck accidents is distracted driving, and in today's age, the cell phone is the most common distraction while driving. The Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration understand the consequences of cell phone distractions and have been implemented rules pertaining to truckers and their use of cell phones.

As many Texas residents may know, FMCSA studies have found that a commercial vehicle driver is 23.2 time more likely to be involved in an accident if that driver is texting while driving. Additionally, the FMCSA pointed out that truck drivers who dial a mobile phone are six times more likely to be involved in a crash. The FMCSA also pointed out that truck drivers who text while they are driving, take their eyes off the road for 4.6 seconds on average, which means that if a truck is moving at 55 mph, the driver's eyes are off the road for a distance which is approximately as long as the length of a football field.

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New Braunfels, TX 78130

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