If You Violate Tax Laws in Texas, Then You Could Face Serious Consequences

Tax violation laws are serious criminal offenses in Texas. The Criminal Investigation Division in Texas monitors all individuals who intentionally commit tax violations in the state. The Criminal Investigation Division is administered by the Texas Comptroller of Public Accounts. The Criminal Investigation Division’s primary mission is to stop intentional criminal actions, which include misdemeanors or felonies, to be committed against the Texas Comptroller of Public Accounts. All state tax laws in Texas are managed by the Texas Comptroller of Public Accounts.

Tax Laws and Policy News in Texas

The Texas Comptroller of Public Accounts has a research database that helps individuals understand the tax laws in Texas. The State Tax Automated Research System (STAR) is a public service that gives residents of Texas access to a wide-range of documents. As of June 1, 2015, all the Texas Comptroller of Public Accounts decisions on tax laws will be added to the STAR system. For residents who want to stay current with the STAR system, there is a monthly update search form link located on the homepage of the STAR system.

Recently, the Texas Comptroller of Public Accounts added information to the STAR system on the Texas Franchise Tax. According to the new information, any farmer who owns or sells crops, which he or she grows, may be qualified to take out the cost of goods sold (COGS) deduction that determines the margin for the Texas Franchise Tax. For more information, individuals should locate the STAR document titled 201504068L.

There was also a recent tax extension mandated by Governor Abbot who announced the businesses located in recent counties that were declared a state of disaster due to the recent weather conditions will have a 90 day extension to file and pay state taxes. Businesses that want to take advantage of the tax extension will need to contact the Texas Comptroller to make arrangements.

Texas has an Annual Sales Tax Holiday that begins on August 7th and ends on August 9th of 2015. The Annual Sales Tax Holiday is a three-day event that allows Texas residents to purchases school supplies without having to pay state and local sales taxes if the supplies are priced under $100.

There have been new tax laws adopted in Texas, which are explained on the Texas Comptroller of Public Account’s website. The Motor Vehicle Sales Tax was filed with the Texas Secretary of State in May of 2015. The tax law will be in effect on June 2, 2015.

The Texas Comptroller of Public Accounts also passed a new Mixed Beverage Sales Tax, which was effective on April 27, 2015. The Mixed Beverage Sales Tax will add a rate of 8.25% on each drink that is alcoholic and nonalcoholic, which has been prepared on ice by an establishment.

News on Tax Violations in Texas

The Texas Comptroller of Public Accounts reported a man who was sentenced to serve 21 months in a federal prison for committing a serious tax violation. Jose Luis Suarez was sentenced on June 26, 2014 after being charged with wire fraud, which violated Texas sales tax laws. Jose Suarez was the owner of Air One Mobile Welding Supply and was in violation of Texas tax laws after he failed to report the company’s taxable sales. As a result, Suarez was reported to owe $264,314 in sales taxes that he failed to report. According to allegations, Suarez filed the tax returns with the Texas Comptroller of Public Accounts through the Internet, which was in direct violation of the Wire Fraud statute.

Jose Suarez pleaded guilty to a six counts of wire fraud. After Suarez serves his 21 month sentence in federal prison he will be supervised for three years on each count of the tax violations, which will be administered concurrently. In addition to his sentence and probation, Suarez was ordered to pay the total amount of taxes he failed to report. The case was handled the Criminal Investigation Division of the Texas Comptroller, Homeland Security Investigations, and the Internal Revenue Service Criminal Investigation department.

Another man in Texas was charged with mortgage fraud and violated several federal income tax violations. Lawrence Michael Day, from Fort Worth, entered a guilty plea after the charges surfaced in 2013. Day was also charged with conspiracy to commit mail and wire fraud against a financial institution. From 2005 through 2008, Day and other individuals were part of a conspiracy that provided lending organizations with fraudulent forms, which resulted in fraudulent loans based on the false information. As a result, 28 properties that were located in Plano, Prosper, Hurst, McKinney, Fort Worth, Euless, Fairview, and other areas were accumulated by Day during the scheme. Day’s tax violations resulted a personal profit of $1,877,032.56.

Day and five other individuals who were part of the conspiracy were sentenced on April 11, 2013 for participation in tax violations that included mortgage fraud. Day could face up to 30 years in a federal prison for mortgage fraud and has agreed to pay $1,877,032.56. Furthermore, Day could face up to three years in a federal prison for each tax violation charge and a $100,000 fine.

Wanted Criminals in Texas for Tax Violations

The Texas Comptroller of Public Accounts has established a list of the most wanted individuals in the state for committing tax violations. The Criminal Investigative Division has listed these individuals on the Texas Comptroller of Public Accounts website:

• Yousef Ishaq Abuteir, who is age 51, is wanted for several attempts to evade the Texas Motor Fuel Tax. He was convicted in Travis County in December of 2008 and violated bond before he was sentenced. The jury sentenced him to seven years in federal prison and a $10,000 fine. Due to the fact Abuteir jumped bond, he also faces an additional 10 years in prison.

• Tau Lu is wanted for possession of unstamped cigarettes, which is a tax violation in Texas. He was indicted in June of 2003 and remains a wanted criminal in Texas. Lu evaded $23,165 in taxes for his possession of unstamped cigarettes.

What you need to know about California's SUV lemon laws

Lemon laws in the state of California are the same for SUVs as they are for other automobiles. If an SUV needs to be repaired four or more times in an 18 month period, the consumer has the right to return the vehicle for a refund or replacement. These laws are similar to the laws of other states.

Lemon laws are for cars that repeatedly fail to live up to their warranties. Any piece of machinery can be deemed a “lemon,” but the laws in California only protect the purchasers of SUVs and other automobiles. Some states besides California do have lemon laws for other machines, but this does not look likely to happen in the state of California.

Federal protection under an act of Congress

All of the states in the U.S. have consumer protection under the federal lemon law, which was enacted in 1975. The law, deemed the Magnuson-Moss Warranty Act, was put into place because manufacturers of various goods, including automobiles, were not honoring their warranties. Many companies would make claims that specified long and comprehensive warranty coverage for their products, and subsequently fail to live up to these claims. These companies would usually deny warranty coverage based on a technicality. Consumers complained about this practice to their congressmen, who decided it was in the public interest to pass a law requiring companies to adhere to their stated warranty specifications.

The Magnuson-Moss Warranty Act was a watershed moment for consumer rights in America. It was a turning point in the fight for decent treatment of consumers in this country. The Act is still widely applied today, most famously to SUVs and other vehicles.

The Federal Trade Commission's power increased

One of the most important aspects of the Magnuson-Moss Warranty Act was that it gave the Federal Trade Commission, or FTC, more power to enforce consumer rights laws. These include many laws that had been on the books previous to the Act, and which car manufacturers, amongst other companies, regularly violated. While the Magnuson-Moss Warranty Act did not end consumer rights abuses, it certainly curtailed them.

Another benefit of the Magnuson-Moss Warranty Act is that it caused manufacturers to create higher quality products. Now that the government could enforce laws that punished manufacturers, especially automobile manufacturers, for producing low quality products, the manufacturers had much greater incentive to make higher quality products. The reliability of SUVs and other automobiles has increased greatly in the last several decades.

Do companies have to provide warranties?

It is important to note that companies are not required to provide warranties on their products. Despite some exhortations to do so, the lawmakers decided this would be going too far. However, all manufacturers that do provide warranties are required to comply with the Magnuson-Moss Warranty Act. Many products are expected by consumers to come with warranties and SUVs, cars, and trucks certainly fall into this category. This especially true of Californian consumers, who tend to be more discerning than the average American consumers.

While every state has its own lemon laws, they are administered under and based on the Magnuson-Moss Warranty Act. As such, the Act set forth a number of definitions that are inform the laws passed by the state of California, amongst other states. For example, a consumer is defined as an individual who buys goods for his own personal use. Someone who buys goods for resale is not included in this definition, and as such, is not included in the group of people protected by lemon laws.

Other definitions common to all lemon laws

A supplier is defined as an entity that makes a product available to a consumer. In the case of SUVs in the state of California, this entity is a car dealership. Depending on the terms of the manufacturer’s warranty, they are controlled by lemon laws to a large extent. While a manufacturer, or “warrantor,” provides the warranty, the dealership is often responsible for carrying out repairs to the manufacturer’s specifications. As the enforcement of these specifications is covered by both the Magnuson-Moss Warranty Act and the California lemon law, dealerships must live up to the warranties written by their manufacturers. While this was and is unpopular with the dealerships, it provides a great deal of help to consumers in need.

Written VS. implied warranties: the difference

There are two kinds of warranties: written warranties and implied warranties. The definition of a written warranty is rather self-explanatory. A written warranty is the specific guaranty provided by the manufacturer to repair, replace, or refund. This warranty must be in writing, as one might imagine.

An implied warranty is much more subjective. It refers to the expectations of a consumer who buys a warrantor product. For an implied warranty to be in place, the consumer’s expectations must have been changed intentionally by the manufacturer. While this may be difficult to prove, implied warranties often provide far greater coverage than the written warranties do.

What is a full warranty?

A full warranty is a warranty that meets certain conditions set forth by the Magnuson-Moss Warranty Act. These conditions are very stringent, and only a small percentage of warranties offered by manufacturers meet them. In fact, it is very rare for an automobile warranty to meet these criteria. A full warranty must provide free coverage and no limit on the coverage of implied warranties. It also must extend to all owners of a product, not merely the original buyer. A manufacturer must replace the product if it cannot be fixed. Finally, customers must not be required to undertake any tasks to ensure the warranty is honored. A manufacturer can only advertise their warranty as a "full" warranty if it meets these criteria completely.

Pharmaceutical Liability for Defective Drugs in Missouri Law

2.6 million pharmaceutical drugs are prescribed or given to patients every year in the U.S. While we trust that these drugs are safe and effective, this is not always the case. There are 106,000 deaths from reactions to prescription drugs every year [1], several times more than the death toll of illegal drugs. Pharmaceutical companies are liable in Missouri for the damage caused by defective drugs sold in this state.

A Debt to the Public

Doctors, pharmaceutical manufacturers, and other health care professionals have very special legal and ethical requirements. Because of the immense impact of medical products and services, they are expected to always act in the best interest of the patient, showing a high level of consideration and vigilance toward the public. "First do no harm" has been a major goal of the medical field for thousands of years [2].

This is especially true of pharmaceutical companies. Their products undergo an extensive testing and approval process. First, they must be found to be safe and have no ill effects on human subjects; later they must be proven to have a therapeutic effect. Doses are carefully calculated and side effects tracked so that doctors and patients both are aware of how to safely use the drug in medical treatment [3].

When Dangerous Drugs Go to Market

Despite the vigilance of the U.S. FDA in testing and approving both over-the-counter and prescription drugs, drugs sometimes are placed on the market and prescribed only to be later discovered to be dangerous [4]. This may be due to problems in testing that did not identify dangers and side effects. In other instances, the ill effects may take long term exposure to appear. Last, sometimes there are defects in the manufacturing process that cause an otherwise safe medication to be dangerous. There are many reasons for an assumed safe drug to be later found harmful, but the pharmaceutical company is almost always culpable for the mistake.

What Happens When a Defective Drug is Discovered?

There are a few ways that a drug may be discovered to be harmful [4]. Consumers or their physicians who were adversely affected may contact the FDA or Missouri regulatory agencies. The CDC may contact the FDA instead, especially if a large number of people were affected. The FDA may have discovered problems during a manufacturing plant inspection or during routine testing of drugs. Physicians, pharmacists, and hospitals are then notified of the problem. If the issue is serious, the drug may be taken off the market. However, the damage has already been done for many patients.

Effects of Defective Drugs

A defective drug can have a variety of negative effects on people who take it. In some cases, the drug acts as a poison and people die from using it, which is known as wrongful death. In other cases, the patient becomes sick and must be hospitalized and receive expensive treatment while missing work for an extended time. These cases may have lasting effects on health, causing organ damage or other long term medical issues. Sometimes a drug puts people at a higher lifetime risk of developed a disease, so the effects may not be known for years. If the drug does not treat an illness as manufacturers claim, the person may have their illness worsen to the point where it is more difficult or even impossible to treat.

The economic costs of a defective drug are also high. Patients who take these drugs often must receive expensive medical care to treat the effects. They may need an extended recovery period and professional care during this time. They are often rendered unable to work throughout this process. In addition, it is difficult to calculate some of the other costs: pain, suffering, and heightened risk for future medical problems. If the pharmaceutical company caused these issues by their actions or failure to act, punitive damages may also be necessary.

Courts have different ways of calculating how much a pharmaceutical company owes the victims of a defective drug. However, in Missouri and every other state, the pharmaceutical company does owe monetary damages, often in large sums and to many people.

What Kind of Damages Can Be Compensated?

There are several types of damages that a person who has taken a defective drug may be able to receive from a pharmaceutical company. People can get their medical bills and all health care expenses related to the drug repaid, as well as lost income and expenses related to recovery. If they save documentation, they can also be reimbursed for small expenses such as parking and transportation expenses, which can add up quickly in an extended illness. They may also be compensated for pain, suffering, emotional distress, and other 'intangible' damages. If a person has died from a defective drug, their families may sue for wrongful death. Getting legal help from an attorney who is experienced in pharmaceutical liability is essential to successfully getting compensation for damages related to a defective drug.

It is important to seek compensation and justice when one is harmed by a defective drug. In addition, it is important for the patient, their family, or their doctor to notify state and federal agencies that regulate drugs to report the adverse effects. Although we would like to think that pharmaceutical companies always act in the best interests of the public, this simply is not the case. Drug companies are vigilant about testing in part because they do not want to undergo lawsuits and pay huge claims to the injured. Pharmaceutical liability keeps companies that are selling drugs in Missouri honest and makes patient safety a top priority.

Kentucky Comes Down Hard on Nursing Home Negligence

Kentucky is home to more than 300 nursing homes and within those nursing homes, more than 23,000 residents. According to a recent Newsweek article, it also is one of six states with at least 40 percent of nursing homes ranked at the bottom. With such few homes for so many residents, there is bound to be some kind of neglect or abuse -- as there is in nursing home facilities across the country. The more disturbing statistic is that an estimated 5 million elderly people across the United States are abused every year, and among those cases, a staggering 84 percent are never reported. Elder abuse, as it is known, is a tragedy, and states like Kentucky are taking a greater stand in their fight to project their state's senior population. This quick guide will give you the facts you need to know about Kentucky's laws related to elder abuse and nursing home negligence. Read on to learn more about how can be held accountable for mistreating Kentucky's seniors:

Report It! It's the Law

Did you know that Kentucky has made it a law for anyone who sees or suspects abuse of an elderly person to report it? If you are in a nursing home and you see anything that might be classified as ill-harm -- from rough actions with a nursing home resident to verbal abuse -- you are required by law to report the suspected crime or behavior to Kentucky's Adult Protective Services (APS). You also should report the suspected crime to Kentucky's Office of the Inspector General and use the Abuse Tip Line via Kentucky's Office of the Attorney General. Go through all of the channels to report nursing home negligence or abuse. Remember, if you see it, you must report it. It is Kentucky law that you be vigilant and act on what you see and hear -- even if you don't know yet whether the behavior is criminal. Use your instincts and report! If you'd like to look up the law, you can find it online and in the public record under KRS Chapter 209.

What is Neglect?

Under Kentucky law, nursing home negligence can be intentional or unintentional. If someone is abusing or neglecting an elderly person in a Kentucky nursing home, then that person can be held negligent under Kentucky law regardless of the person's intent. This can be a slippery slope, as can all laws that define negligence and intent. However, it sets a strong precedent and expectation for the behavior of those who are caring for the state's elderly population. It holds them accountable to certain standards of behavior and makes them more aware of not only their words and actions but their responsibilities as an entrusted caregiver. There are many categories that might be considered evidence for nursing home negligence -- something as visceral as a person having a persistent or pungent odor to ignoring call bells or cries from a nursing home resident to behaviors and issues that are much more egregious such as a nursing home resident losing his or her control of the bladder or becoming sick and dehydrated. Know that if a nursing home caregiver is suspected of negligence and a person reports it, then the Kentucky investigators in the case will hold the caregiver to a definition of negligence under Kentucky law that includes both intentional and unintentional actions and behaviors.

Open Record Laws

Kentucky is one of a handful of very unique states that have open record laws. That means you can get your hands on documents about nursing homes and caregivers related to negligence cases or suspected negligence. Want to know if the nursing home where your elderly mother or father is living has had complaints of abuse or neglect? Under Kentucky's open record laws, you can get those complaints and reports of abuse. You can get documents of lawsuits involving negligent caregivers as well. Want to know if a nursing home is under state investigation? Again, all of this is open information to you if you request it. It is your right as a citizen of the state of Kentucky to request these public records. The law gives you the right. If you would like to request copies of complaints, investigations, resolutions and other relevant documents, you will need to write a letter requesting you want these documents to Kentucky's Department for Community Based Services or the Office of the Inspector General.

Felony with Prison Sentence

If convicted of a crime of negligence or abuse, a nursing home caregiver and other responsible at the nursing home as well can face a felony that comes with a state prison sentence of five to 10 years in the state of Kentucky. It's important especially for caregivers and nursing home managers to know this potential penalty and the high standard the state issues when it goes to matters of negligence. It does not matter of intent, a caregiver can be sent to prison for five to 10 years if found guilty of neglect or abuse of elders.

In conclusion, with a little help from the Kentucky government, and a population within the state that is learning how to be more vigilant and to notice elder abuse, Kentucky can become a leader for other states and protect its population in a unique and sensitive way that honors their basic human rights. No person deserves to be mistreated -- and certainly not those who cannot help themselves, as is the case with many elderly people in the United States. If you see nursing home abuse and negligence, make sure you report it to the Kentucky Office of the Attorney General. It takes a community to rise up to right for those who are abused, neglected and oppressed. Do your part in protecting the elders of Kentucky by following our guide and reporting a suspected crime when you see it or hear about it. Please remember that you are breaking the law when you do not report a suspected case of abuse and negligence!

Fuel Starvation Crashes

There is rarely one incident that dooms an aircraft. An air crash is usually the result of a number of errors or failures that lead to a catastrophe. Fuel starvation has proven to be troublesome throughout the history of aviation, resulting in many lost aircraft and flight fatalities. Understanding fuel starvation is key to knowing your rights if you are involved in an air accident.

What is Fuel Starvation?

Fuel starvation is a condition in which an aircraft's engines cannot function because of a lack of fuel. This phenomenon can occur for a variety of reasons, from pilot error to sabotage and miscalculations. The result is a situation in which both pilots and passengers are at risk. Throughout history, there have been several incidents in which fuel starvation has been blamed for aircraft damage and passenger fatalities and injuries.

Avianca Flight 52, January 1990

This New York bound airliner was forced into several holding patterns on approach due to inclement weather. The crew failed to alert the air traffic control tower that they had insufficient fuel to continue their hold pattern, and failed to request priority landing clearance. As a result, the jetliner crashed just short of the airport on Long Island, killing 73 passengers and crew.

Air Canada Flight 143

Due to a conversion error, this aircraft suffered fuel starvation when the crew failed to fuel the plane with the right amount of fuel. The crew loaded the aircraft with pounds instead of kilograms of fuel. As a result, the plane was fueled with only half of what it needed to make the flight. The plane was able to glide safely to a nearby airport. There were no fatalities. This error lead to changes in how fuel is measured and how flight crews are trained to read fuel gauges.

Air Tahoma Flight 185

On August 13, 2004, Air Tahoma crashed in an open field, killing one of the pilots. An investigation revealed that the crew had mismanaged the fuel tank system. Unfortunately, this was not an isolated incident. Further digging turned up numerous incidents of mishandled fuel tanks leading to air crashes. Aircraft accident lawyers have fielded many cases in which flight crew mismanagement has lead to accidents and fatalities.

Human Factors in Fuel Starvation Accidents

There are numerous safeguards in place to ensure that an aircraft has the right amount of fuel for a trip. In most fuel starvation accidents, pilot or other human error is to blame. In the Avianca crash, the accident could have been avoided and many lives saved if the pilot had alerted air traffic control to the severity of their dwindling fuel supply. Fuel starvation is one of the most avoidable causes of air fatalities, and victims are often at a loss to understand why these accidents occur.

If You Have Been Involved in an Accident

If you have been involved in an accident, the best thing you can do is to hire an attorney that will fight for your rights. Personal injury law covers aircraft accidents as a part of product liability, and you may be able to receive compensation for your pain and suffering. There have been many lawsuits in recent years that have lead to widespread changes in the aviation industry, making flying safer for both pilots and passengers.

Louisiana Still Hazardous When It Comes to Industrial Accidents

Though the wheels of industry have again begun moving faster in the past few years, one negative aspect of that growth has been in relation to industrial accidents within Louisiana.

Sobering Numbers

In 2013, the last year for which statistics are available, 114 people died in work-related accidents in the state. That was actually a slight improvement (by two) from the year before, with just over 60 percent of those deaths taking place in one of five fields: 37 came in the utilities, trade and transportation fields; the construction industry dealt with 17 deaths; and mining and natural resources accounted for 15.

Even for those accidents that don’t result in a fatality, Louisiana’s status as having the second highest rate of workplace illnesses or injuries in the United States shows that the problem is a continuing one.

Real-Life Examples

Some recent stories from the past few years show that dangers lurk everywhere when it comes to the industrial workplace within the Bayou State:

One mechanic was killed and another injured in New Orleans in February 2011 when the force from a tire they were working on exploded off its axle. The injured man suffered a number of broken bones in the tragedy.

In October 2013, a worker at a plant in Baker that helps create pipes for oil and gas companies, died after being pinned between a pair of large pipes. The man was caught between them when one was rolled forward.

In Lincoln Parish, two men were killed in June 2014 after a drilling rig’s components was unable to control the extreme pressure that had built up. The resulting explosion also injured another worker, who was treated and released at a nearby hospital.

A fish processing plant in Empire was the site of an August 2014 accident in which two men suffered severe injuries to their legs. The two had been performing maintenance on the counter machine of a fish sorter when a slip resulted in the mishap.

The Causes of Accidents in Industry

Given the potential dangers involved with these different industries, companies can fail to make sure that the people they’re hiring are made aware of those hazards and trained appropriately.

The company itself may not have been proactive in establishing specific areas that could possibly be dangerous. For example, the many simultaneous events taking place on a construction site demand an awareness from all involved.

That concentration may not have been emphasized when using equipment such as saws or those that are electricity-based. In addition, working conditions surrounding these areas may be surrounded by a host of negative issues. These can include noise, excessive heat or unhealthy fumes or odors.

Other workers are at risk if another employee attempts to take a shortcut in order to save some time. This might involve rushing to get the job started before receiving all instructions or neglecting to take the proper safety precautions. In some cases, it may be simple attention to the task at hand.

The Bottom Line

While avoiding these situations in the first place is the goal for both employers and workers, the information above shows that reaching anything near perfection is still nowhere within reach.

Missouri Law Enforcement Cracks Down on Drunk Driving

The state of Missouri is earnestly joining in with the national effort to defeat drunk driving through public, elevated enforcement. The "Drive Sober or Get Pulled Over" campaign runs every year right around St. Patrick's Day. This year, it will take effect from March 14 to March 17. That weekend promises to have elevated levels of intoxication around the country, which inevitably leads to more drunk driving.

The Crackdown

That is the motivation behind the campaign- to step up enforcement during this most public moment, when much of the country drinks more than usual. By meeting an increase in drunk driving with more patrols, quicker arrests, and more visible crackdown effort, sheriff's departments all around Missouri hope to both convince people not to drive while intoxicated and also catch them quickly if they decide to do so.

Drunk driving contributes to many fatalities, especially around St. Patrick's Day. The National Highway Traffic Safety Administration estimates that in 2012, three quarters of all St. Patrick's Day traffic fatalities involved at least one drunk driver. The risk of being in a fatal or dangerous action is significantly higher as a direct result of the elevated rates of drinking around this holiday and its associated weekend. Those statistics are what drive the national and local crackdowns.

Law Enforcement

Being accused of driving while intoxicated is a difficult situation. It takes an experienced St. Louis, Missouri DWI defense lawyer to represent you and your interests in such a case. Every state has their own rules that govern driving while intoxicated and the protocol for testing and arresting suspects. Enforcement of these regulations is occasionally overzealous due to the emotional nature of the charge. National and local crackdown efforts tend to exacerbate those mistakes, leading to arrests that aren't consistent with the law.

The Current Crackdown

Madison County will be operating its crackdown to reduce drunk driving, but that does not mean that a typical driver that is arrested is actually guilty of drunk driving. The sheriff's department is understandably worried about the risk of injuries and death as a result of drunk driving during St. Patrick's Day. That worry can often be translated into overeager arrests and other mistakes, however. It is crucial to be aware of the local law about driving while intoxicated, and to know your rights and responsibilities as a driver. Getting caught in a "high-profile enforcement effort," as the department calls it, could entail a very difficult situation for someone who is not sure if they have actually violated the law, or if the arresting officer followed the proper protocol when administering sobriety tests and carrying out the arrest. Sheriff Robert Spain wants to reduce drunk driving fatalities and accidents, but that noble goal should not at the same time interfere with the civil rights of drivers in Madison County.

Delivery Trucks Can Sometimes Deliver Pain

The advent of online purchasing has meant an increase in the visibility of delivery trucks bringing merchandise to homes and businesses. That surge means that the chance of an accident involving these vehicles increases, which should get everyone’s attention.

A trucking accident like this occurs due to the makeup of the vehicle, which can’t be driven like a standard car or other smaller mode of transport. In addition, issues of speeding, needed space, as well as the danger of rollovers are all things that have to be taken into consideration.

Direct Causes

Drivers rush between deliveries, which means that speed may trump safety, a recipe for disaster. Such haste might result in a braking accident, since additional space is needed to stop. When it comes to rollovers, the possibility increases due to the heavy amount of items a truck is usually carrying.

Important Aspects in Delivery Truck Accidents

Those individuals who are injured due to a delivery truck need to quickly determine who is at fault through proper legal representation. In the event that person died, their family should follow through.

Regardless, the quickest way to help determine fault will be to professionally reconstruct the accident. This can include the position of the vehicles that were damaged, how the impact occurred, photographs of any skid marks and any witness testimony available.

Doing this can prevent memories from fading, skid marks from being removed and any other potential issue that could crop up. This is one area where speed IS necessary.

Different Settlements for Different Cases

Unfortunately, there is no one-size-fits-all component to determining how much a potential settlement might be, since a variety of different factors have to be considered. These can include: the type of injuries that were received and how long any recovery period will be; the amount of insurance that the negligent party (which could be the driver or their employer) has; or what took place in the accident, which will likely help determine the strength of an individual’s case.

A Clear and Present Danger

Evidence of how prevalent the problem is in the state of Texas can be seen in these items from the past year:

*On March 4, a 38-year-old man in Fort Worth suffered broken bones in both feet after being run over in a freak accident by a delivery truck. The mishap took place due to a poorly maintained vehicle in which the transmission and parking brake were not properly working.

*On November 20 in Killeen, a 13-year-old boy riding his bicycle with other children was hit by a delivery truck at an intersection, just as the truck was pulling away. The boy suffered a broken leg and possible internal injuries.

*On December 28, a crash just north of Bronte involving a package delivery truck and a Ford F-150 killed a 60-year-old woman. The accident occurred after the delivery truck crossed into the opposite lane and struck the Ford, rolling it over.

Knowing What to Do

The delivery truck has its purpose, but that doesn’t include the reckless endangerment of other people. Trucking accident personal injury lawyers know this, and are aware of the proper steps needed for a fair settlement to be reached.

Crash Tests Begin in Texas

Texas A&M engineers began tests on new barriers for the Lake Pontchartrain Causeway in mid-December 2014. Their testing included creating a replica of a 150-foot section of the Causeway barrier, which will allow them to conduct live vehicle testing in College Station. The tests are the result of efforts to make the Causeway safer after recent accidents in which motorists have gone overboard. Two such accidents occurred in November alone.

It is thought that while the testing can help with the Causeway safety, the result may be useful for drivers all over the world. If these tests are successful, they could result in all highway bridges built in the 20th Century being retrofitted with new barriers to make them safer.

Facts About 18-Wheelers

Accidents involving 18-wheelers cause much of the serious injury and death on Texas roads. In part, this is because of higher trucking traffic on roads near oil fields. Trucking accidents also cause more than 10 percent of the deaths on highways nationwide. The majority of these accidents occur on roads in rural areas. These vehicles can weigh up to 80,000 pounds and may take the length of a football field to achieve a complete stop. Given these facts, anyone who has been injured in a Texas trucking accident will need legal representation. The right legal representative will be a personal injury lawyer who is familiar with truck accidents as well as the laws that govern them. The right attorney can ensure that the victim gets a fair settlement for their injuries.

Texas Statute of Limitations

As in every other state, an individual who has been injured in a car accident in Texas will have a limited time in which to file suit. This limited period varies from state to state and in Texas, it is two years. The two years starts on the date of the accident, which means that it is a good idea for victims to file suit as soon as possible. The accident investigation process can be time-consuming and two years can elapse quickly.

Injuries from Truck Accidents

There is a significant weight difference between an 18-wheeler and a car, SUV or motorcycle. This means that when an accident occurs, serious injury or death will occur in the majority of cases. The cost of medical treatment in cases where an accident victim has suffered spinal trauma or brain injuries is typically very high. Victims will need compensation that will help them to recover and to move on with their lives.

While steps like installing new barriers on the Lake Pontchartrain Causeway are important to improving driver safety, truck accidents do happen. When they do, it is important that those who have been injured quickly take steps to seek compensation.