For those who are most focused on Miles Per Gallon, motorcycles and scooters have great appeal. The Motorcycle Industry Council reports that since the first quarter of 2011, scooters sales have increased by 50% over 2010 (partially credited to the improving vehicle industry). Additionally, replacement tire sales were up 30%, indicating more people are riding their two-wheeled vehicles.

This boom in sales is largely because scooters are both fuel-efficient and (usually) less expensive than their four-wheeled cousins. Many models are eco-friendly, too. Let’s also remember that they are cheaper to insure. All three of these factors are incentives to consumers. But while scooters can be a fun, fuel-efficient way to get around, they are also more dangerous than a car or truck.

Most people have the perception of motorcycles being dangerous or risky to ride. But the scooter seems more friendly, possibly even more safe, since drivers don’t go near as fast on scooters. But just how do they compare to motorcycles, and how safe are they?

A scooter is a lot easier to ride than a motorcycle. It is lighter, more controllable and sits on an easy-to-deploy center stand — not a kickstand. A scooter has no gears to shift, or clutch; this is a great feature for hilly areas. A scooter is even easier than learning to ride a bicycle.

Just like motorcycles, scooters are sometimes hard for other drivers to see. Auto drivers don’t always look for (or just don’t notice) motorcycles and scooters in their side-view mirrors when changing lanes. Drivers may have a more difficult time estimating the speed of a moving scooter, since they do move slower than motorcycles. Also, many new scooter drivers lack the experience they need to make them safe commuters.

Unfortunately, statistics on scooters alone are not available. But here are some stats from the US Dept. of Transportation on motorcycle safety:

Each year the U.S Department of Transportation releases statistics on motorcycle fatalities using FARS, the Fatality Analysis Reporting System. Currently the most recent statistics available are from 2009. Facts from that report include:

• 4,281 motorcyclists died in crashes in 2009.
• 22% of motorcyclists that died in 2009 did not have a valid license.
• 55% of fatal motorcycle crashes in 2009 involved another vehicle.
• More than half of motorcyclists killed in 2009 were wearing helmets. In states that require helmet use, 85% of fatal crashes involved helmeted motorcyclists.
• 90% of motorcyclist killed in 2009 were male.
• 30% of fatal motorcycle crashes involved a driver with a BAC greater than .08.

Most motorcycles and scooters are hit in the front, and almost always, the other driver “didn’t see the scooter/motorcycle. Clearly, it is very important for scooter drivers to pay full attention to other vehicles at all times, and do everything they can to be seen. There are safety steps and precautions one can take to remain as safe as possible on the highways. But the bottom line is that you are more vulnerable on a scooter than in a car or truck, which has sides, a roof, airbags,and seatbelts. So what you gain in money saved on gas, you potentially lose in safety. Thus, the decision whether to drive a scooter is a personal one, and must be given serious consideration.

As fuel prices rise, we’ll see more and more scooters on America’s roads. And in the long run, as more people move to urban areas, scooters will likely become a popular style of transport.  So, keep an eye out for increasing “scooterists”, and if you are a scooter driver, “Be Safe – Be Seen!”

It happens all too frequently, ranging from a little fender bender to a rollover: motor vehicles collide on a roadway.

Unfortunately, auto accidents just happen. Weather factors obviously play a role in the amount of accidents every year, but what other factors come into play?

Actually, the leading cause of death for Americans 1 to 34 years old is auto accidents. In total, this amount adds up to around 40,000 deaths per year. The monetary value of these accidents including emergency care, damages, clean up, etc. is also a high cost. It has been estimated at a figure of about $300 billion annually in the United States. This is a daunting statistic, and studies have shown that these figures may continue to increase.

As mentioned, weather is a main concern of motorists everywhere, and when the weather is bad, obviously the risk factor of an accident occurring increases. Some weather concerns include: limited visibility in snow and rain, strong winds buffeting the vehicle, and also diminished traction from wet roads. How other drivers handle weather conditions may affect you as well. It’s not enough to have to drive and take into consideration all these factors, but you must watch out for the overly cautious driver who goes too slow or suddenly slams on the breaks, or the overly confident driver who doesn’t practice caution and runs off the road.

Another accident risk that has been gaining a lot of publicity lately is the risk of cell phone use while driving. And rightfully so. It is estimated that about 28% of all accidents currently involve use of a cell phone by a driver. These accidents are often caused by drivers texting — their eyes are focused on something other than the road. Because of this, laws are being passed in many states that hope to cut down on this danger.  Texas is one of those states that already has laws prohibiting cell phone use in certain indicated areas.  Cell phone companies are also implementing voice dictation software, or apps that turn off texting while driving. If you don’t know the laws of your state, you may want to check. We will cover these in more detail in a future article.

Another obvious risk is the use of a car while under the influence of alcohol or drugs. It may surprise some people, but even driving after taking over the counter medication like cough syrup or Benadryl is a risk. These medications make reaction time slower, and adversely affect driving and reaction skills. The next time you think of driving after you’ve had more than the limit, consider that of the number of car accidents that are fatal, about 40% are believed to be caused by drunk driving.

Remember to keep safe. Awareness of distractions and environmental factors are important to keep in mind before sitting down behind the wheel. We must remember to drive smart, keeping in mind that we put others at risk with the decisions we make…and also keeping in mind that the life that we save may be a dear loved one riding with us – or our own.

Although you may be frustrated, you have options besides sending the car back in for repair.  Specifically, you may be covered under either (a) the federal Lemon law (the Magnuson-Moss Warranty Act) or (b) the Texas Lemon Law. These laws are designed to protect consumers when buying a new car and who are tired of having the same issue replaced multiple times.

A “Lemon” is defined in the Merriam-Webster dictionary as an automobile “that is unsatisfactory or defective.” In reality, though, your car does not have to be breaking down to fall into this category; and for a more thorough analysis an attorney would be able to help you make this determination. However, this applies to more than just vehicles also.

The Magnuson-Moss Warrant Act states that any product costing $25 or more with a written warranty can be considered. That means that a large quantity of consumer goods are covered and if you are having a problem, you may have some options at your disposal.  The fineprint, however, states that to qualify these items must have been repaired more than once under the specific factory warranty.

There are actually certain parts of the Lemon law that are specific to Texas, and it is important to note these rules. The types of vehicles that are covered in Texas include cars, trucks, motorcycles, motor homes, ATVs, and demonstrator vehicles. However, towable recreational vehicles must be titled and registered in Texas to be eligible. Texas Lemon law also covers used vehicles IF they are still under manufacturer original warranty.

Once you have determined that your vehicle is covered under the Lemon law, there is a specific complaint process that must be followed. There is usually a filing fee with these types of forms that involve a complaint about a new vehicle.

Some general tips for anyone that has suspicions of a Lemon are as follows:

1      The most important thing is to act fast before the warranty expires

2      It is highly recommended to seek legal advice, as there are many deadlines and procedures to consider

3      You must report the defect directly to the manufacturer or the dealer wherever the car was purchased (in some cases both are required)

4      Return the vehicle to the dealer/ manufacturer and let them attempt to fix the issue

Hopefully you will not find yourself in this situation, but it does happen – and the law was created to protect consumers. Some automotive defects can be dangerous, resulting in injuries and product liability lawsuits.

Keep in mind that Lemon laws do vary from state to state and can become complex cases, depending on how many times the vehicle or item has been ‘repaired’ and what the problems are. Documentation is truly a key to this process, and saving receipts and work /repair forms will be key to your case.

You hear about it in the news – someone is robbed, mugged, attacked. They could receive a few scratches or be very seriously injured. Obviously the attacker is responsible. But who else is at least partially responsible? Possibly the property owner. These crimes are typically committed in parking lots, at apartment complexes, in stores or other retail establishments, and other “public” places. So if this happened to your loved one, what are their rights?

When someone is a victim of a mugging or any type of physical attack, they deserve to be compensated for their injuries and losses. Most likely, the criminal who committed the attack does not have the finances to compensate the victim. In cases like this, victims hire personal injury attorneys to investigate the incident and determine if the property owner can be held accountable. How?

The owners and managers of a property – any type of property – have a responsibility (and moral obligation) to keep that property safe. To ensure that it is free from unsafe conditions. This doesn’t just mean that the property owner must remove tripping hazards or make sure there are no dangerous items like a faulty elevator, broken handrail or uneven pavement.

It also means that they must keep the property safe from criminal activity.

Property owners/managers have to determine what level of security is necessary for their area, their business, their street. Not all property owners take this responsibility seriously, and so you have a lack of concern for the public – a LACK OF SECURITY.

When someone is attacked and harmed on someone else’s property, and they file a lawsuit, this is called a negligent security case. You’ll find these types of cases typically involve hotels, shopping malls, stores, apartment communities and other places with frequent public traffic.

The personal injury attorney will examine every aspect of the physical property itself, and the location. They establish the likelihood of an attack happening based on the area surrounding the property and the knowledge that the property owner had. In what is called the discovery phase, the lawyer will request that the property owner provide records showing any past incidents, as well as any proof that security measures were taken. If there has been any kind of attack on or near the property in the past year or two, it supports the negligent security argument.

Once it has been established that security was needed at this property, the challenge for the court is to then establish: “how much security was enough?” Were the security measures that were in place (if any) enough to meet the property owner’s responsibility to maintain a safe environment. Maybe the area around the property was far too dark, and better lighting was needed. Maybe a security guard should have been hired because there had been a previous incident. Maybe cameras should have been installed. Often just one of these steps could have prevented a crime.

Negligent security cases fall under the legal umbrella of premises liability. This is the same type of law that makes property owners accountable and responsible when someone has a slip and fall injury. The bottom line is that, if safety measures were not taken and someone is hurt, the owner of the property can often be held responsible, and their insurance helps to compensate the victim for medical bills, lost wages, pain and suffering. It always pays to check with a personal injury law firm to determine if premises liability and/or negligent security are a legitimate claim in an injury case.

Personal injury cases begin when a client seeks legal advice for an injury that was caused by the negligence or deliberate action of another party or group (the second being known as a tort). The client’s sustained injuries may arise from a variety of circumstances and situations, but in general, the goal of a personal injury attorney is to recover losses for the victim, and hold the other party responsible. This is accomplished by providing proof of the varied damages to date. With this said, personal injury law is built to compensate an injured party to the fullest extent possible. Damages that can be recovered are mostly related to medical expenses, property damages, loss of earnings, and legal costs. Determining how much can be recovered is difficult, especially at the start of a case, but the role of the attorney is to analyze all the appropriate case factors and activities to build probable cause; in the end advocating for the injury.

After the accident has occurred, certain activities or tasks may be difficult for the client, and the personal injury case must take that information in to account. However, what is always reviewed in cases involving injury is whether or not the client knowingly and willingly subjected themselves to risk. In some cases the plaintiff may have signed a waiver that stated their knowledge of risk and agreement not to hold the other party responsible. These waivers are proof that an individual was not forced to participate in an activity, but did so at their own digression. The process of analyzing who is at fault in a situation like this is called assumption of risk theory.

Although there are many challenges to gathering all this information, the most important issue that needs to be considered is time. There are many time restraints on injury lawsuits, and in the United States the laws for this differ by state and the type of injury. It may take a long time for all the physical issues to become apparent after an accident, but a case cannot usually be made for an injury if symptoms appear years later.

Personal injury claims usually result from accidents at work, assault claims, traffic accidents, slip and fall, and defective product injuries. Unfortunately, another sizable portion of personal injury cases result from medical malpractice; mostly in the dental and vision fields.

As mentioned previously, it is vital as an injured victim to receive legal advice and seek assistance for your case from an attorney specializing in personal injury law. Not only do they have knowledge of courtroom procedure and torts, but they excel in reviewing every detail and aspect of the case and estimating approximately how much damages can be recovered.

How would you know if a product you are using is faulty? Well, it’s wise to pay attention to recalls.

Are you aware of an organization called the US Consumer Product Safety Commission? The CPSC collects, retains and shares information on injuries and recalls regarding consumer products sold in America. Not a bad website to check out periodically, and save to your bookmarks:  www.cpsc.gov

Each year in the U.S., thousands of consumer products are recalled because some aspect of them is unsafe. You hear about toys with parts children can choke on, or car seats that fail to protect the child. These dangerous products don’t just cause injury, they sometimes cause a tragic death. In a Product Liability lawsuit, the manufacturer and retailer can be held responsible for the pain and injuries (or loss of life) caused by the product. In many cases, manufacturers are aware of the defect yet allow the product to be sold. If someone is killed, this also becomes a Wrongful Death lawsuit.

If you own an appliance, a toy, any item that gets recalled– note that this does not mean you will definitely get your money back. Recall announcements state the details of the recall provide instructions on reimbursement if it is being offered. Anyone who discovers that any product is faulty or dangerous can report it to the CPSC. They receive 10,000 reports from the public each year, on average!

You may be surprised to know that products are not tested by the government before they hit the market. Product designers and manufacturers are responsible for safety testing. We ‘trust’ them to create safe products and use safe parts. You probably won’t be surprised to hear that some companies do not even test their products. This means that oftentimes, a product having something about it that is unsafe is not discovered until an injury has happened. Note that product liability applies to foods and medicines as well.

Remember, you only receive a Recall Notice in the mail if you registered the product/sent in your warranty. Most of us don’t take the time to do these steps when we buy something, but we should. Recall announcements also appear in newspapers and on several websites including cpsc.gov

Often it is pressure from complaints and public outcry that lead to a manufacturer recalling a product or ceasing production. When defective products injure a number of people, this case becomes a ‘class action lawsuit’. If you or a loved one is every injured by any product, please contact our personal injury law firm to determine if you have a product liability case.

Some good advice: When you purchase items, read labels and instructions carefully. Before purchasing appliances, cars, grills – big ticket items – look online for product reviews or warnings.

Between 230,000 and 265,000 children are injured in auto accidents in the United States each year and some of them are killed. Most accidents happen within 25 miles of home and on streets where the speed limit is less than 45 mph. This is an interesting and important point to note and reiterates how essential it is to always use the car seat no matter how far or how fast you are traveling.  Most parents use car seats but the problem is that they do not always use them every single time. Also, many people use them incorrectly and so the child seat is not doing its job.

Remember, car seats are the law. In all 50 states, you are required to place children 18 months of age and younger in a car seat. Most states have a law requiring use of a car seat until the age of three. Children who are not in a car seat are up to four times more likely to be seriously injured if they are in an auto accident.

How to choose a car seat

Choosing a car seat can be confusing.  The US government has crash safety and fire safety standards, so any car seat sold in the US must meet these requirements. Note that if you purchase a used car seat that is two years old or older, there is a good chance that it did not have to meet the same strict requirements that are in place today.

Until a child is two years old or close to this age, they should be kept in a rear facing car seat. Make sure you choose a car seat designed to hold your child’s weight. When your child gets to be above the weight limit of the rear-facing seat or grows too tall for it, you can then switch to a combination car seat or a booster seat.

It is best to use a car seat with a five point harness, which is believed to be the safest because it restrains the child at the hips and shoulders and so the force of the collision is delivered to the strongest parts of the child’s body. T-shaped and other types of restraints place the force of the collision on your child’s belly and groin—a very vulnerable area.

Using a car seat correctly

More often then not, car seats are placed or installed improperly. So follow these points. First, remember that the safest place for a car seat is the middle of the rear seat, better protected from side impact. Tethering your car seat to an anchor in your car makes them much more secure. Vehicles sold before 1999 don’t have these anchors but you can get your vehicle fitted with an anchor system. Ask an auto dealer for your type of vehicle.

Always completely read the instructions that come with a new car seat. There should also be installation guidelines in the owner’s manual of your vehicle. When your car seat is installed properly, it fits tightly against all sides of your car’s seats with as little give as possible. Push down firmly on the car seat when you place it into your vehicle and always thread your car’s lap and or shoulder belt through the correct slots on the child seat. Make sure there is no slack.

When you are done placing your car seat, try tilting it in various directions. It should not move more than 1 inch in any direction. If it does, then you need to find a tighter fit. Many parents also make the mistake of placing the harness straps to low on a child’s chest. Or they have the harness straps too loose. We realize you want your child to be comfortable but a tight strap across the chest starting at the armpits is extremely important.

If you want to make certain that your car seat is installed correctly and that you are using it in the best, safest way, you can find car seat check ups in your area. Visit websites such as Safe Kids USA and the National Highway Traffic Safety Administration to look for child safety seat inspection locations. Often you will find police stations or automotive dealerships offering these seat inspections several times per year.

Back Seat Riders

Until children are 13 years of age, the best place for them is your backseat. Even once a child is in a booster seat, he or she should still be in the back. On average, children should remain riding in a child safety seat until they are four years old and weigh 40 pounds. Over this age and weight you can begin using a booster seat.

Don’t be Distracted

Remember that distractions like loud music, eating, or using cell phones can put child passengers at risk.  Even if you have just a fender bender, a child can be injured much more easily than an adult. So be alert at all times, use the cell phone only after you have reached your destination or have pulled off of the highway, and make children your safety priority on every trip whether it is 1 mile or 500 miles. Stay safe on the roads.

TEXAS SUPREME COURT AND TEXAS COURT OF CRIMINAL APPEALS:
As mentioned earlier, the Lone Star State has two supreme courts, or what is known as a bifurcated appellate system. Oklahoma is the only other state in the nation with a similar system.

The Texas Supreme Court is the highest civil authority. Located in Austin, it is composed of nine justices. Five justices must be present in order to conduct business, and at least five justices must agree on a decision in each case. Once made, determinations are final. However, decisions can be appealed to the United States Supreme Court if there is a federal law question.

The Supreme Court does not hear any appeals involving criminal matters except when the defendant is a juvenile.  Under Texas law, juvenile proceedings (even those involving criminal activity) are considered civil matters. The court’s jurisdiction is chiefly limited to appeals from the Courts of Appeals. The Supreme Court may sit at any time of the year.

The Texas Court of Criminal Appeals, located in Austin, is the criminal counterpart to the Supreme Court. It also is composed of nine judges. Cases may be heard by a three-judge panel, and two judges must agree on a decision. In addition, the court may sit en banc, meaning all of the judges are present and participate in the decision. When the court hears cases en banc, five judges must agree with a decision. The court must sit en banc during capital punishment cases. Such cases directly and automatically bypass the lower Courts of Appeals

Confusingly, jurisdiction of the court is both mandatory and discretionary. The court is required to hear all appeals in cases in which the death penalty was imposed, but it has discretion to hear appeals from the Courts of Appeals.

COURTS OF APPEALS:

Texas has 14 Courts of Appeals, each covering a geographic district. Every district has a chief justice and two or more justices, and every court has between three and 13 justices (there are 80 altogether); the number is set by statute. A three-justice panel, a majority of which must agree on a decision, hears all cases. These intermediate-level appellate courts hear appeals from both district-level and county-level courts.

As a practical matter, the Courts of Appeals are the final appellate review of criminal cases (other than death penalty cases) and many civil cases. Someone displeased with a decision of a Court of Appeals may seek review in the Texas Supreme Court, the Texas Court of Criminal Appeals, or the United States Supreme Court. However, the overwhelming majority of such requests are denied.

DISTRICT-LEVEL COURTS:

A total of 437 civil and criminal district courts are considered the state trial courts of general jurisdiction. District courts have exclusive jurisdiction for felony cases, land title cases, and election contest cases. But they share jurisdiction with the county courts, and in some case justice of the peace courts, for civil cases.

In some counties, district courts share jurisdiction with county-level courts for family law cases. These include divorces, child custody and support matters, adoptions and child welfare cases. Probate jurisdiction depends on the existence of a probate court.

COUNTY-LEVEL COURTS:

The state has three different county-level courts: constitutional, county courts at law, and probate. Each of the 254 counties in Texas has one of these county-level courts, which are considered courts of record.

Constitutional County Courts have jurisdiction over misdemeanors with fines greater than $500 or jail sentences, civil actions between $200 and $5000, uncontested probate matters, and appeals from municipal courts. County Courts at Law have jurisdiction over civil matters under $100,000, limited jurisdiction over criminal matters, and appellate jurisdiction over municipal courts. Probate Courts limit jurisdiction to probate matters.

Municipal courts: These courts encounter more defendants than all other Texas courts combined.  They are local, trial-level courts with jurisdiction over criminal misdemeanors with fines of less of than $500, and municipal ordinance violations. Typically, municipal court judges are appointed. Along with Justice of the Peace Courts, they occupy the lowest rung in the Texas court system.

The 885 Justice of the Peace (JP) Courts have jurisdiction over all civil actions involving claims less than $5000, small claims, preliminary hearings, and criminal misdemeanors with fines of less than $500.

There are three branches of our federal government, designed to operate under a system of “checks and balances” – each limiting the power of the other. The legislative, executive and judicial arms of government all play a unique role.

The courts of the United States, both today and throughout history, have been instruments of constitutional government, helping to bind a diverse population together. Indeed, delivering justice in America has changed little since our Founding Fathers first developed a national judiciary in 1789.

In that year, Congress designed a blueprint consisting of two administratively separate systems, the federal and the state. Since then, our judiciary has continued to evolve as an independent—yet co-equal—partner to Congress and the President. Our founding fathers largely followed English precedents when making our laws and our judicial system. They understood the importance of having an independent Judiciary – a distinct and separate branch of the federal government.

Because the original Thirteen Colonies had followed English legal precedent, they already had their own comprehensive court system in place. However, in the years following the end of the American Revolution, lawmakers such as George Washington and James Madison began to turn away from English Common Law and sought a distinctly American legal program. The following three milestones helped determine its shape:

• Philadelphia’s Constitutional Convention of 1787
• The United States Constitution, ratified in 1788
• The Judiciary Act of 1789

The Constitutional Convention included delegates who argued intensely how to frame the proposed U.S. Constitution, which would form the backdrop for the new republic. Lawmakers also hoped to structure a national judiciary, but factional fighting created fierce debate.

Two distinct blocs opposed each other. The first, the Federalists, favored a strong national government. They were concerned that the rights of 13 separate states might supersede a single national standard.

The second bloc, the Antifederalists, supported states’ rights. They were fearful that a dominant federal judiciary would restrict the jurisdiction of individual states and local communities. Unhappy with a proposed three-tier federal judiciary by the Federalists, they offered an alternative: state courts serving as trial and appellate courts, with a federal supreme court to hear final appeals.

The United States Constitution, the highest law of the land, did not settle all the legal questions discussed at the Convention. In fact, it presented only a brief sketch of the new nation’s court system. However, it did establish a unique American institution—the Supreme Court or court of last resort.

Each Supreme Court Justice was assigned to one of these three circuits, and was required to periodically go to a city in each state in the circuit and hold a circuit court in combination with the district judge of that state.  “Circuit riding” by judges lasted for 101 years, and judges often spent more time on the circuit than on their district court duties.

The Judiciary Act was a milestone in the history of the American court system. It established our decentralized federal judiciary and helped unite a geographically dispersed nation with a consistent system of federal law.

Our court system is comprehensive, and interesting to learn about. Here is a bit of history:
In the Judiciary Act of 1789, the very first Congress established the Judicial Courts of the United States. They created the Supreme Court, choosing to have it consist of a Chief Justice and five ‘associate judges’. They created a middle tier of circuit courts (trial courts). The Judiciary Act was controversial at the time. It acknowledged the “official status” of state courts, yet reinforced the supreme authority of the Federal judiciary.

Today, each state court system in all 50 states operates independently, following the laws of that particular state and of course, laws of the Constitution. These courts are a judicial entity, considered the “third branch” of government. All but eight states have a multiple-level court structure (the other 8 states just have two tiers – trial court and supreme court).
State courts handle both criminal and civil cases. Minor cases are handled by limited jurisdiction, ‘small claims’ courts. State courts rely on the state legislature for funding. Legislatures give the courts authorization to enact rules of procedure.

Many state judicial structures are confusing, but the Texas model, which serves more than 23 million residents, is a labyrinth. In fact, the Lone Star State’s court system has been called one of the most complex in the United States, if not the world.

Three features of this system distinguish it from the national norm: it has two supreme courts (appellate courts of last resort), there is no uniformity of jurisdiction among the courts, and for the most part, its judges are chosen in partisan elections.

Today, Texas spends some $175 million so that its courts can enforce traffic laws, hear small and large claims cases in civil court, try capital murder suspects, investigate white-collar crime, monitor criminal parolees, and more. At the extreme, they are responsible for carrying out the death penalty.

ORGANIZATION
In order to understand the Texas judicial system, you first need to understand how it is organized under Article V of the Texas Constitution. The following is a list of the six levels of state courts, starting with the highest:

• Texas Supreme Court and Texas Court of Criminal Appeals
• Courts of Appeals
• District-Level Courts
• County-Level Courts
• Municipal Courts
• Justice of the Peace Courts

In Part II of this article series, we will list and describe the various courts mentioned above, and explain the role and function of each one.