There are both indoor and outdoor hazards in winter. Homeowners and renters must be prepared to deal with sudden drops in temperature, including potential snowfall, which has occurred in various Texas regions in recent years. If you rent a home, your landlord is responsible for making sure the heating system is functioning properly and that walkways and parking lots are safe to navigate.
There are tools and devices that help reduce risks during winter. For instance, as a homeowner, you can use shovels or snowblowers to keep stairs and sidewalks clear of snow and ice. Inside a home, many people use space heaters to supplement their heating systems or in place of a heating system, if the system needs repair. While such devices are helpful, they can also be dangerous, especially if homeowners or renters do not use them properly. It is never safe, for example, to leave a space heater unattended.
You must also be cautious about the area surrounding a space heater, making sure there are no flammable materials nearby. If you are nearby, you might notice that there’s a sock on the floor or blanket hanging off a bed, or draperies, that are too close to a space heater. Moving the heater to a safer location could prevent a house fire. However, if you turn on a space heater and leave the premises, a fire might ignite if the heater isn’t working properly or there are flammable materials nearby.
Texas property owners must ensure a reasonably safe environment for invited guests and visitors. If you are on someone else’s property and a winter accident occurs due to the property owner’s negligence, you may have grounds for filing a premises liability claim in civil court. If you are a property owner, you’ll want to make sure you have fulfilled all responsibilities for maintaining safety on the premises.
Whether you’re a homeowner, a tenant, a landlord, store owner or other property owner, if you have questions regarding winter hazards and premises liability law, you can discuss the issue with someone who understands the personal injury litigation system.
]]>In Texas, police technically cannot set up a sobriety (DWI) checkpoint. Such checkpoints are illegal in this state. However, it’s perfectly lawful for police to create roadblocks for other reasons, such as checking drivers randomly to see if they have valid drivers’ licenses in their possession.
If you’re pulled over at a Texas police checkpoint and are suspected of drunk driving, the officer in charge may ask you to exit your vehicle and submit to a breath test or field sobriety test. You can refuse. If the police have arrested you, it’s a different story.
Under implied consent laws, you agreed to take a chemical Breathalyzer, urine or blood test if a Texas police officer takes you into custody. You implied this consent when you signed your driver’s license. If you refuse chemical testing following a DWI arrest, there will be penalties.
For police in any state to detain you, they must have a justifiable reason for doing so. For example, if an officer witnesses you traveling at excessive speed, it justifies a traffic stop. Since DWI checkpoints are random, state law interprets this as a violation of your Fourth Amendment rights against unlawful search or seizure.
When a police officer detains you, it is a type of seizure. Because DWI checkpoints target drivers passing through a particular area, state courts have consistently ruled that there is no justifiable reason for stopping drivers in such circumstances.
Stopping your vehicle is better than trying to evade a roadblock. If a Texas police officer asks you to submit to a sobriety test, you can refuse. You may also refuse to answer questions regarding your whereabouts prior to the stop or whether you’ve been drinking alcohol. Declining to answer is your right under the Fifth Amendment.
Texas police typically make more traffic stops and DWI arrests during the holidays, including New Year’s Eve. To avoid legal problems, it’s always best (and safest) to arrange transportation, either by asking a friend or family member to act as your chauffeur or by ordering a ride from a transportation company. If you are a driver who was recently arrested and charged with DWI, it is wise to secure legal support before your case is adjudicated.
]]>You may have read about a case that occurred in 2021 where police arrested an 18-year-old male for walking on the road when a sidewalk was available. The teenager had been heading home from work at the time. Due to snow and ice accumulation (which is rare in Texas), the available sidewalk was impassable, so the young man had stepped onto the road where it was safer.
Concerns followed the young man’s arrest. Many people believed that police were targeting him because of his race. Social justice advocates later stated that the police officer’s body camera proved that the available sidewalks were impassable when the incident occurred.
Lawmakers who reviewed the case decided to initiate HB 1277, which incorporated additional language to extend pedestrian allowances to step into a roadway. Under the new law, it is not only lawful to walk on a road if no sidewalk is available, but also when an existing sidewalk has an obstruction or is unsafe for foot traffic.
The sponsors of HB 1277 determined that the existing law regarding pedestrians using roads to walk if sidewalks are unavailable did not fully protect the safety of the general population. With changes in climate in recent years, Texas has been experiencing freezing temperatures, as well as snow and ice accumulation.
Those who sponsored the bill believe the additional language improves safety and makes it less likely that police will arrest and charge people with Class C misdemeanor crimes when they walk on the road during a winter storm or any time a sidewalk is impassable. If you often travel on foot in Texas, you will want to review HB 1277 so that you understand when you can or cannot walk on roads throughout the state.
There are criminal defense options available for anyone arrested and charged with a crime. If you believe that police took you into custody under false pretenses or did not follow proper protocol during the arrest, you may exercise your rights to request a dismissal of your case. You also have a right to photograph the scene or record events on video if a police officer has detained you, which would include photographing a sidewalk if police arrest you for walking on a road in Texas.
]]>While such symptoms may also be present with other injuries not associated with the brain, it’s always best to receive a medical examination to rule out TBI if these symptoms occur. Even a mild TBI can take a sudden turn for the worse, perhaps placing you in a life-threatening condition. The sooner you receive a diagnosis and proper treatment, the fuller recovery you may be able to achieve.
Experiencing any of the symptoms shown in the following list after having been involved in a Texas car accident means that you may have suffered a TBI:
If your condition does not begin to improve in the days following a car accident or any of the symptoms on this list develop, it is best to seek immediate medical care, making sure to mention to the attending physician that you were recently involved in a motor vehicle collision.
If you seek medical care for a possible TBI following a car accident, the doctor overseeing your case will use special tools to look into the pupils of your eyes. He or she may also ask you questions or instruct you to recite the alphabet or count backwards from 10 to zero. Inability to perform these tasks would suggest that you have suffered a concussion.
The doctor may also order a CT scan or MRI to further investigate your symptoms if he or she suspects a more severe brain injury. Such tests help to rule out or diagnose TBI. If the doctor makes a diagnosis, your medical team, including a neurosurgeon, will discuss a prognosis and recommended treatment plan.
Every year, more than 100,000 individuals in Texas suffer brain injuries, many of which occur following a car accident. Thousands, if not tens of thousands of these incidents, may have been preventable were it not for driver negligence. When evidence shows that a person’s negligence or reckless behavior was a direct cause of a TBI or other damages in a motor vehicle collision, state law allows a recovering victim or immediate family member of a deceased victim to seek restitution in civil court.
]]>There are three primary issues to consider whether someone is financially responsible for damage in a car accident. A judge presiding over a personal injury case always has these issues in mind. In some cases, more than one issue is relevant.
Negligence is one of the key elements to establishing liability when someone files a personal injury claim in civil court following a motor vehicle accident. Another word for negligence is “carelessness,” which means that a driver may have been distracted or otherwise was not fulfilling the duty of care that all motorists owe to others in or near the roadway. When negligence is the cause of a collision that results in injury, the party deemed negligent may be held accountable for damages.
If a person willfully disregards the safety of others, such as blowing through a red light, speeding well beyond the limit or making unsafe lane changes, these are typically considered reckless acts. Reckless drivers are typically found liable for willful acts that result in injury to another. A third element that determines liability when car accidents occur is intentional misconduct. Sadly, many lives have been lost and serious injuries suffered because of drivers using their vehicles to cause intentional harm. If a person is unsure whether he or she has grounds for bringing a claim to court, it’s important to ask a personal injury attorney to review the case.
]]>In fact, unless the court has restricted or prohibited visitation, a custodial parent is acting unlawfully if he or she tries to fracture the relationship between the children and the other parent, especially if children are being lied to or denied communication with their mother or father. Parental alienation occurs when one parent sets out to isolate his or her children from the other parent. This is typically accomplished by convincing the children that the other parent is a bad person or cannot be trusted.
If you have an existing court order stating that you can spend time with your children on certain days of the week or at specific times, your ex must adhere to the order. When a person violates a court order, the judge who is overseeing the case may decide to hold that individual in contempt of court. Besides the legal aspects of a parental alienation scheme, children are usually the ones who suffer most because it is traumatic to be told that their parent doesn’t love them or hates them or will harm them.
If your former spouse is not following child custody rules, you can bring the matter to the court’s attention. Vela & Del Fierro, in Texas, provides strong legal support to parents who have been wrongfully ousted from their children’s lives. You can request a meeting to discuss the issue and explore options for seeking the court’s intervention, as appropriate.
]]>A 33-year-old man was accused of aggravated robbery, aggravated assault with a deadly weapon and murder. At the time, he entered a not guilty plea. The charges were filed in connection with a homicide that occurred in 2020. He has since been acquitted by a jury.
In some cases, a defendant might determine it best to plead guilty before trial in exchange for reduced charges and/or a more favorable prison sentence. This is known as a plea bargain. A person without a legal background might not know whether a deal that is being offered is to his or her benefit or whether it is best to plead not guilty. It is important to seek guidance and recommendations from an experienced criminal defense attorney.
An attorney always has a client’s best interests in mind and can provide legal support throughout proceedings, from recommending a plea to challenging evidence offered by the prosecution. If a conviction is handed down, an attorney may be able to convince the court to issue a lighter sentence than the term requested by the prosecution. In most cases, having an attorney by one’s side increases the chances of obtaining a positive outcome in court when facing criminal charges in Texas.
]]>The driver of a northbound vehicle slammed head-on into a southbound vehicle. The impact of the collision was disastrous. All four occupants of the vehicle that struck the southbound car died. The driver in the southbound car was also killed.
When someone receives word that a loved one has died in a Texas collision, it activates a series of events, including passing on the information to other family members, discussing the incident with law enforcement officers and rescue workers or physicians who may have provided medical care to a victim, as well as making funeral arrangements and resolving various legal issues, including whether the accident victim had a last will and testament in place.
In addition to these tasks, many families file a wrongful death claim in civil court. Texas law allows an immediate family member of a deceased victim to sue when death was caused by another person’s negligence or misconduct. It is advisable to meet with a personal injury attorney before initiating proceedings. An attorney can provide guidance and support throughout the process, which not only makes a courtroom experience less stressful, but it also increases the chances that a plaintiff will receive the maximum amount of restitution allowed under state laws.
]]>Adult children may not be familiar with their parents’ plans, and they may not even know where their parents store important estate planning documents. It is beneficial for parents to discuss their plans and objectives with their adult children so that they are not surprised by the terms of the plans. Estate administration is much simpler with reasonable expectations and an understanding of the decedent’s objectives.
When a person passes away, what happens to his or her property will depend on whether that individual had a will. If so, it is important to locate the will and ensure that it is valid. In many cases, the decedent will name in his or her will a person to act as executor of the estate. If there is no designated executor, the court will appoint one. The executor oversees the administration of the estate, which includes the following steps:
Estate administration can be a difficult process, especially when there are disputes over the terms of the will and other complications. By knowing what to expect from the estate administration process, adult children of older parents may be able to avoid complex issues during this process, as well as honor the wishes of their parents.
If you are facing the task of administering the Texas estate of your elderly parent, you may feel intimidated by what is ahead. You do not have to walk through this alone, especially when there is much at stake. You may benefit from having professional guidance at every step, ensuring that you meet all requirements and avoiding unnecessary setbacks.
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