San Antonio Injury Lawyer Blog

As the New Year approaches, and hope of a brighter economy grows, San Antonio (and all Texas) drivers should be aware that when economic times get tough one of the expenses that many people cut is their automobile insurance. Even though most states, including Texas, require licensed drivers to maintain minimum limits of automobile liability insurance, when jobs are lost or bills pile up in bad economic times many drivers simply cancel or stop paying for insurance.
A study that is set to be released soon by the Insurance Research Council estimates that several hundred thousand drivers nationwide have dropped liability insurance in the past year.

Driving without insurance not only places a driver at risk of a hefty fine if ticketed by police, but if you cause an accident and damage another's car, or worse, injure someone, without insurance you expose your personal assets to a lawsuit and potential judgment. While many assets are protected from being taken from you, if a judgment is obtained it can be filed with the deed records of your home county and can be kept viable indefinitely. If you ever acquire assets that are not protected, or try to sell a home, or obtain a loan, the judgment will show up against you.

Further, if you are the victim of a wreck caused by an uninsured driver, you may be in the position of trying to obtain a judgment against a person that has no assets to pay for your damages and injuries, and may never be in a position to compensate you for your losses. The only protection against this scenario is to purchase uninsured motorist protection along with your regular liability insurance coverage. Uninsured motorist protection will pay for losses caused by a negligent, uninsured driver. Recoverable compensation under Texas law for persons injured in an automobile accident can include lost wages or salary, medical bills, compensation for the pain caused by injuries such as broken bones or damaged tissue, and other compensation that can be determined in individual cases.

If the economy has hit your family, dropping automobile insurance in a cost-saving measure may lead to many more consequences and this decision should not be made lightly. However, since it is clear that many do make this decision, one way to protect yourself from an uninsured driver is to add extra coverage on your own vehicle.

All San Antonio drivers should be aware of a recent recall reported by the National Highway Traffic Safety Administration (NHTSA) regarding certain rubber tire valve stems. The valve stems, manufactured by Dill Air Control Products, involve model numbers: Dill APC TR413, TR414, and TR418. These valve stems were sold between November 2006 and July 2007.

Due to a lack of protective additive the rubber may deteriorate from expose to ozone. As a result of this deterioration and cracking, the potential exists for leaks and loss of air pressure. Loss of tire pressure can cause more than a flat tire. Loss of tire pressure can result in a loss of vehicle control while driving, leading to an injury causing automobile accident or fatal automobile wreck.

Dill is offering to replace the valve stems free of charge. Consumers that have purchased these valve stems may contact the tire center where purchased, or at any participating Sears Automotive Center, Tire Kingdom, Big O Tires, Les Schwab Tire Center, NTB and Merchant's Tire Center)

For additional information, or to seek help determining whether you have one of the recalled stems, contact Dill directly at 1-888-364-2982, or go to www.tirevalverecall.net.

Defective automobiles or defective vehicle equipment can lead to serious injury and death - take action to keep yourself informed of any potential problems.

As the Holidays approach, in addition to the various Christmas Parties, Hanukah gatherings, and other festive celebrations, many holiday observers are enjoying a merry good time at local pubs and taverns. While there is nothing wrong with responsible alcohol use, many times the holiday spirit invites excess imbibing.

Alcohol related injury accidents and fatal collisions are always higher in this season, and in San Antonio and the surrounding areas the numbers are frightening. In one study, the Texas Department of Public Safety found that alcohol use was investigated in nearly one-half of all fatal wrecks in Texas.

In many instances, wrecks caused by intoxicated drivers can leave a family devastated. If an individual becomes intoxicated, not only can a claim for negligence be brought against that person (seeking compensation for losses from the individual's liability insurance policy) but in many circumstances a bar or other licensed establishment that sold alcohol to an individual that was already obviously intoxicated may be liable to an injured victim or the family of a person fatally injured in a car accident. If a driver failed to carry liability insurance, or if they did not carry enough insurance to cover the losses, the injured victim may need to seek fair recovery for their losses from their own insurance (if they had purchased uninsured/underinsured motorist protection) or from the establishment selling alcohol to a person that was already intoxicated.

Dram Shop liability (when a licensed establishment provides alcohol to an obviously intoxicated person) has its basis in the Texas Alcoholic Beverage Code. To establish liability against a provider of alcohol under the Texas Alcoholic Beverage Code, a victim must prove that the bar or pub provided alcohol to a person that was already obviously intoxicated to a point where they presented a clear danger to themselves and others. Further, it must be shown that the intoxication was apparent to the server that provided the alcohol. Under Texas law, this statute does not absolve the intoxicated driver; it merely allows the courts to evaluate the wrongful conduct of a provider of alcohol to determine their responsibility in creating the dangerous situation and putting the intoxicated driver on the road only after profiting from the sale of these beverages.

Unlike "for profit" providers of alcohol, Texas law does not place liability on "social hosts." A social host (for instance, someone having a party at their house where alcohol is served) is not liable if a guest imbibes too much and injures or kills someone while driving under the influence of alcohol. Only licensed establishments face liability for serving someone that is already obviously intoxicated. The one exception in the area of "social host" liability, and a situation where a private individual may be held liable, is if alcohol is served to a person under the age of 18. If a minor is served alcohol, and causes injury or death, the person providing the alcohol can be held liable - except if the server was the minor's parent, guardian or spouse. The persons are immune, even if they provide alcohol to a minor.

Texas law does have some protections, even if they don't all make sense, for those families impacted by persons being served even after they are obviously intoxicated and then sent out onto the roadways placing the traveling public at risk.