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How Does a Texas Law Enforcement Breathalyzer Device Work?

A breathalyzer device measures an individual’s blood alcohol content, which gives a rough estimate of that person’s intoxication by calculating the percentage of alcohol in their bloodstream. In the majority of states across the country, including Texas, the legal blood alcohol content limit is 0.08%. Anyone with a higher than 0.08% BAC will likely face DWI charges. (In cases where the BAC level is not at or above 0.08% but the law enforcement officer still believes that the motorist is intoxicated enough to impair their ability to drive, the driver may still face a DWI charge.)

Drivers with BAC levels between 0.6% and 0.10% generally have lower inhibitions, are more relaxed, have reduced coordination, slower reaction times, and are less alert. Those with BAC levels between 0.11% and 0.20% may exhibit mania, dramatic shifts in mood, and inappropriate behavior. Those with BAC above 0.21% may become aggressive, depressed, or exhibit impaired reasoning and blurred vision.

If you have been stopped by a police officer and given a breathalyzer test, the results could be used to determine your guilt or innocence. However, several factors can impact the test, resulting in inaccurate readings.

Are Breathalyzer Tests Considered Accurate and Reliable?

Breath tests and other field sobriety tests, which include blood tests, can result in DWI arrests or convictions. However, even if the test was taken and ultimately showed a high blood alcohol content for the motorist, law enforcement still must meet a certain burden of proof to get a conviction, as field and sobriety tests are not always considered accurate. Chemical tests can display false positive results, opening the door for a criminal defense attorney to challenge the accuracy of the test results.

Among the first ways to challenge a DWI offense is to question the reliability of the breathalyzer test results. Suppose criminal lawyers can raise doubt about the evidence. In that case, a judge may rule that a breathalyzer testing device was not scientifically reliable to earn a conviction for the prosecutors.

A breath test is not foolproof. Your DWI defense attorney will consider many options for challenging the breath test results to clear your name and either reduce or dismiss the charges against you.

What Can Cause Inaccuracies in Breath Tests?

As with any other technology or machinery, breathalyzer tests are imperfect. And sometimes, even when the device is otherwise reliable, those administering the tests may not be adequately trained.

Common causes for inaccurate breathalyzer tests include the following:

• Improper machine calibration
• Incorrect input of the defendant’s weight
• Women typically have less of the enzyme that metabolizes alcohol, which can result in higher BAC readings
• Individuals with higher body fat typically have higher BAC because fat does not absorb alcohol
• Prescription drugs and over-the-counter medications can affect breathalyzer test results
• Food in the stomach slows the absorption of alcohol, so whether the individual ate before drinking could affect BAC
• Motorists on strict keto diets may have false BAC readings
• Drivers with diabetes produce acetone, which can be detected as alcohol by some breath tests
• High humidity can lead to inaccurate readings
• Those with acid reflux conditions can have falsely high BAC readings because their condition causes alcohol from the stomach to regurgitate into their mouths
• The law enforcement officer administering the breathalyzer testing device has not gone through proper training to use the device, thus rendering any results unreliable
• police procedure violations
• Other medical conditions
• Mouth alcohol caused by burping, drinking shortly before the test, or even using mouthwash
• User error can result in inaccurate readings

Can You Challenge Breathalyzer Test Results in a DWI Case?

If the evidence against you, including any breath test results, can be effectively challenged or if human error can be proven, it is possible to get DWI charges reduced or dismissed entirely. The probability of your charges being dismissed or reduced dramatically increases when defendants retain professional legal representation from experienced DWI attorneys.

Law enforcement officers must follow specific procedures when administering a breathalyzer test to motorists. If these steps were not carefully followed, you and your criminal lawyer can challenge the breathalyzer test results in court.

Our Texas law firm has years of experience representing clients in complex DWI cases, and we would be proud to represent your interests in pursuit of the most satisfactory outcome for your case. To learn more about our legal services, don’t hesitate to contact our law office to schedule your free consultation today.

What Are Potential Legal Strategies for Challenging DWI Breath Test Results in TX?

When challenging breathalyzer test evidence, your criminal attorneys may consider several potential legal defense strategies.

These include the following:

• Challenge whether police officers conducted proper procedures during the administration of the breath test
• Raise questions about whether the breathalyzer device was calibrated correctly, thus presenting the chance to argue that test results were inaccurate
• Dispute the accuracy of the test results by raising evidence of medical conditions, mouth alcohol, strict diets, or other factors
• Present reasonable doubt about whether the breathalyzer results were accurate
• Established that there was a lack of probable cause to take a breathalyzer test or even to stop the motorist on the road
• Present evidence that the law enforcement officers lacked proper training or qualifications to administer the test
• Show that there was too much time that had elapsed between the time that you drank, the time that you drove, and the time that the breath sample was taken
• Employ the expertise of toxicologists to challenge the accuracy of breathalyzer results

Can You Refuse to Take a Breathalyzer Test in Texas?

Under Texas’s implied consent laws, drivers implicitly agree to submit to sobriety field tests, including breathalyzer tests. Refusing to take a breath test can result in severe consequences, sometimes even harsher than those if the driver failed a breath test.

In a Texas court, refusal to take a breathalyzer test could be used as evidence of guilt. Prosecutors may argue that opting out of the test indicates an awareness of intoxication.

So, while you have the right to refuse a breathalyzer test, doing so could be met with harsh consequences, including an automatic driver’s license suspension.

Schedule a Free Consultation with Our Experienced DWI Attorneys Today

If you are facing DWI charges, you must seek the legal counsel of experienced Texas DWI lawyers immediately.

While the prosecution may use a breathalyzer test to prove guilt and secure a conviction, these tests are not always accurate. They can be challenged in a court of law. However, attempting this without legal counsel in your corner is not recommended.

Our legal team has extensive experience representing clients in DWI cases, including those with faulty or inaccurate breathalyzer devices. Contact our law office to discuss your case in a free evaluation today.

You can call our law firm to schedule your free consultation at 713-999-6549.

How Can Weather Affect Car Accident Injury Cases in Texas?

Car accidents happen regardless of the weather, with varying factors leading to crashes that have nothing to do with rain or ice. However, when the weather is inclement, the chances of an accident can increase because of the less safe driving conditions. In some cases, weather alone may be responsible for an accident. In many cases, however, there may be a combination of poor weather conditions and negligent driving by one or multiple drivers.

For example, suppose that winter weather has made streets icy. Someone may drive too fast or close to the driver in front of them, slide on the ice, lose control of their vehicle, and crash into other vehicles. This accident may not have been as likely to occur if the streets were clean and dry, even if the driver was still driving too fast or close to the preceding vehicle.
It’s vital to understand that even a sunny, dry day can affect drivers if sunlight is in their eyes or if reflected glare temporarily makes it difficult to see other drivers on the road around them.

What Effect Do Weather Conditions Have on Liability Claims in Motor Vehicle Accidents?

Weather conditions can have a significant effect on claims for motor vehicle accidents. Before looking at weather’s role, it’s a good idea to understand how negligence (a vital element of liability) is determined in Texas courts.

Negligence has four components, all of which must be proven for claims to succeed. The first is a duty of care, which means that people are responsible for acting in a way that demonstrates their awareness of and caution for others. The next is the breach of the duty of care, meaning someone violated that duty. Then, there’s causation, which must connect the breach of the care of duty to the accident and resulting injuries. Finally, there are damages, which can be physical injuries, property damage, financial losses (medical expenses, lost wages), and possibly pain and suffering.

An example of this is that drivers are expected to exercise reasonable caution when driving. One driver chooses to speed and, in doing so, breaches the duty of care. That driver hits another car and injures the other car’s driver, so it could be argued that by speeding (breach of duty of care), they’ve caused injuries and property damage to the car. The victim has medical and car repair bills that they would likely not have incurred if the first driver had driven at the speed limit.

Weather complicates this by adding unusual conditions to the drive, some of which the driver may be unaware of. However, drivers are expected to be aware of weather and road conditions. If either is bad, drivers should not go out. If they must, they should take additional precautions. It can be difficult for drivers to defend their driving in bad weather when it leads to an accident.

The weather could even be used against someone who caused an accident for the following reasons:

• They shouldn’t have been driving in the poor weather.
• They didn’t leave enough space between their vehicle and others on the road.
• They didn’t have their headlights on in cases of fog or heavy rain.
• They were driving at unsafe speeds, which may mean driving more slowly than the posted speed limit. Speed limits are meant for ideal driving conditions, not situations with bad weather that cause dangerous road conditions.
• Key vehicle mechanisms (such as tires or brakes) weren’t properly maintained and were not likely to work as well in bad conditions.

If you’ve been in an accident and the other driver tries to claim that only the weather was at fault, contact an experienced personal injury attorney for assistance.

What Evidence Is Needed in Weather-Related Motor Vehicle Accidents?

As in any personal injury case, evidence is needed to prove the claims. When weather is involved, there are some additional details that can help the case. If feasible, people involved in an accident should take photos and videos of the accident site.

When weather is a factor, those visual documents should show not just the crash but the weather (rain, fog, etc.), road conditions (ice, rain), or lack of them in the event the other driver tries to claim weather was at fault when it’s likely their driving was the cause.

What Is the Statute of Limitations for Filing Claims in Motor Vehicle Accidents in Texas?

A statute of limitations is how long someone has to file claims after an accident. If claims aren’t filed by the end of the statute of limitations, the likelihood of the victim being awarded damages is almost none.

In Texas, most personal injury cases, including motor vehicle accidents, are given two years from the date of the accident to file claims. However, the time frame may be greatly reduced if a government agency is involved (whether state, county, or city). Work with a personal injury attorney who can help you file on time.

What Should I Do if I Was Injured in a Car Accident During Bad Weather?

Call The Kahn Law Firm at 713-999-6549 for a free consultation. Personal injury cases can be highly complex, especially if bad weather is involved. Our team of experienced, knowledgeable personal injury attorneys knows how to approach these complexities to understand how they’ll affect the overall claims process. We can review the specifics of your accident and injuries and help determine an approach for the best possible outcomes.

When Is Comparative Negligence Law in Texas?

Often, it’s assumed that when any accident happens, it’s one person’s fault. But in fact, it’s common for an accident to have been caused by more than one person. That includes boating accidents. For example, suppose someone under the influence of alcohol is driving one boat and hits another boat. But the other boat was going faster than allowed in that area. Both people have some responsibility for the accident.

When trying to pursue damages, this can make the claims process even more complicated than it already is. Each state in the U.S. has chosen a type of comparative negligence to use as a model when apportioning liability and determining whether or not someone is eligible to receive damages:

Contributory Negligence

This model says that if the victim is found even just 1% responsible for the accident, they’re ineligible to receive damages.

Pure Comparative Negligence

This model says that even if the victim is found 99% at fault, they can still receive 1% of any damages awarded to them.

Modified Comparative Negligence

This model says that if the victim is found about half liable (the exact percentage varies by state), they can’t pursue damages. If they’re under the threshold, they can pursue damages but will only receive the damages minus the percentage of fault assessed. For example, if someone is found 30% at fault for an accident that caused them injuries, they could be awarded $10,000 in damages but only receive $7,000–$10,000 minus 30%.

Texas follows modified comparative negligence. The threshold is 51%. If someone is found 51% or less at fault, they can pursue damages minus the percentage of their fault. They’re ineligible for damages if they’re found 52% or greater at fault.

This means there’s significant motivation to find the victim as much at fault as possible so they can receive little or no financial reimbursement or compensation. That’s one of the reasons working with an experienced personal injury attorney is crucial: They understand the law and know what tactics others involved, including insurance companies, could use to try to reduce their liability.

How Are Liability and Negligence Proven in Texas?

Proving negligence in Texas (which helps establish who’s liable and for what portion) has four elements, all of which must be proven for the claims or lawsuit to be successful.

• Duty of care. A duty of care is what someone owes another person. It demonstrates that they take reasonable caution to prevent someone else from becoming injured or otherwise harmed.
• Breach of the duty of care. When the duty of care is disregarded, someone is no longer taking adequate steps to prevent accidents and injury. In the example above, someone who consumed enough alcohol to make it unsafe to operate a boat may have breached the duty of care.
• Causation. This is one of the most critical elements in personal injury cases. Just because someone breached the duty of care doesn’t mean it automatically caused an injury. The victim must prove that the breach of the duty of care directly caused an accident that led to the victim’s injuries. The causation has to show that if the breach of the duty of care hadn’t happened, the accident would likely have been avoided. In the previous example, the boat operator who’d been drinking should have known that becoming intoxicated while driving could lead to a dangerous situation for others. But because they continued operating the boat, they caused an accident that harmed another.
• Damages. The victim must prove there were actual damages caused by the accident. There are essentially two types of damages a victim may be able to claim, depending on the circumstances and severity of the accident:
  • Economic. This includes all financial losses, including out-of-pocket medical costs, property damage, and lost wages. Medical costs are a broad category that can include future medical costs and those incurred in the immediate aftermath.
  • Non-economic. This may include compensation for pain and suffering, which isn’t quantifiable financially.  

Is There Anything I Shouldn’t Do After Being Injured in a Boating Accident in Texas?

There’s something vital you not do after an accident of any kind, including boating, and that’s to engage in conversation about the accident with the other people involved, their lawyers, or their insurance representatives. The only conversation that should occur is exchanging names, contact information, and insurance details with the other parties in the accident. But that’s all–don’t talk about the accident.

There are two reasons for this. The first is that due to Texas’ modified comparative negligence law, they’re looking for you to say something that could be construed as taking responsibility for the accident so they don’t have to pay damages, or at least not much. The second reason is that they may try to convince you to sign a much lower settlement agreement than you might be eligible for. Don’t respond to communications. Instead, forward them to your attorney.

What Should I Do if I Was Injured in a Boating Accident in Texas?

Call The Kahn Law Firm at 713-999-6549 for a free consultation. No one sets out to enjoy time on their boat, expecting to end up injured. These accidents can be traumatizing and frightening. Our team of experienced, knowledgeable personal injury attorneys understands what you’re going through. We can review the specifics of your accident and injuries and help you understand what may be possible with claims or litigation.

Youth sports are popular across Texas, offering children and teens physical exercise, teamwork skills, and personal development. The United States has approximately 25 million academic and another 20 million organized community-based youth sports programs. However, sports also carry inherent risks, and injuries—ranging from minor sprains to serious concussions—are common. Parents and guardians may wonder what legal options are available when their child is injured in organized athletics, particularly if they believe the injury could have been prevented. Understanding liability in youth sports, including negligence, liability waivers, and Texas law, is essential for parents seeking to protect their children’s rights.

The Concept of Assumption of Risk Under Texas Law

In sports injury cases, the assumption of risk plays a significant role. This legal doctrine asserts that participants in inherently risky activities, like contact sports, are aware of and accept some level of danger. This principle generally shields sports organizations from liability for injuries that arise from common, anticipated risks, such as a soccer player twisting an ankle during a game.

Texas courts recognize that children and their parents are often aware of the risks associated with sports but acknowledge that the assumption of risk doesn’t cover all circumstances. For example, while a baseball player may assume the risk of being hit by a ball, they do not assume the risks stemming from inadequate supervision or substandard safety measures. Assumption of risk is not an absolute defense in Texas youth sports injury cases, particularly when potential negligence from coaches, schools, or athletic organizations comes into play.

Potential Liability of Coaches, Schools, and Athletic Organizations

While sports involve inherent risks, coaches, schools, and athletic organizations owe a duty of care to young athletes to reasonably ensure their safety. This duty includes maintaining a safe environment, providing proper training, and adequately supervising athletes. In Texas, these entities can be held liable if their negligence results in injury, especially if they fail to meet established standards of care for youth sports.

Common examples of potential negligence include:

• Negligent Supervision: Coaches and supervisors must monitor athletes closely, particularly during high-risk activities. Failure to supervise can lead to accidents, especially in sports like gymnastics or football, where lack of guidance or delayed assistance can result in severe injuries.
• Failure to Maintain Safe Equipment or Facilities: Sports organizations are responsible for ensuring that equipment, like helmets and padding, is in good condition and safe for use. Facilities such as maintaining playing fields and ensuring practice areas are free from hazards must also be kept safe.
• Improper Training or Instruction: Coaches should be adequately trained to instruct young athletes and prevent injury. For instance, a coach who fails to teach proper tackling techniques in football or spotting in gymnastics could be liable if their lack of instruction leads to an injury.

Negligence by schools, coaches, or athletic organizations can make them liable for a child’s injuries if their failure to meet these standards directly caused or contributed to the harm.

Liability Waivers and Parental Consent Forms

Most youth sports programs require parents to sign liability waivers or consent forms, which are intended to protect organizations from lawsuits. These waivers outline the risks involved and attempt to release the sports organization from liability if a child is injured. In Texas, waivers can be legally binding but aren’t always ironclad.

Under Texas law, a waiver’s enforceability depends on several factors, including its wording and whether it clearly states the risks involved. However, there are significant exceptions. For instance, waivers cannot protect an organization from liability in gross negligence or willful misconduct cases. If a coach or organization’s actions demonstrate a complete disregard for safety or a conscious disregard of an extreme risk, a waiver is unlikely to shield them from liability. These circumstances can give parents the right to challenge the waiver and file a claim for their child’s injuries.

Filing a Claim for Negligence or Gross Negligence

Parents may consider filing a legal claim to recover damages if a child’s sports-related injury was caused by negligence or gross negligence. Negligence refers to the failure to exercise a reasonable standard of care, such as failing to supervise children properly or neglecting to provide safe equipment. Gross negligence, on the other hand, involves a more extreme departure from safe practices.

Understanding Gross Negligence in Youth Sports

Texas law, as outlined in Texas Civil Practice & Remedies Code § 41.001, defines gross negligence as an act or omission involving an extreme degree of risk and a conscious indifference to that risk. In youth sports, gross negligence might include scenarios where a coach forces an athlete to continue playing despite a known injury or an athletic organization knowingly provides faulty equipment.

If parents can demonstrate gross negligence, they may be eligible to pursue exemplary damages, also known as punitive damages, which aim to punish particularly reckless behavior. However, proving gross negligence requires substantial evidence, as it demonstrates that the responsible party blatantly disregards the child’s safety.

Key Evidence Needed in a Sports-Related Injury Claim

To succeed in a claim for a youth sports injury, gathering the right evidence is essential. The following types of evidence can help substantiate the claim:

• Medical Records: These provide documentation of the injury, treatment, and any long-term effects, which can be used to show the extent of harm and related expenses.
• Eyewitness Testimonies: Statements from coaches, other parents, or athletes who witnessed the incident can provide insight into the circumstances leading to the injury.
• Video Footage: In some cases, video footage of practices, games, or accidents can provide critical evidence of unsafe conditions or coaching negligence.
• Documented Complaints or Incident Reports: Previous complaints about unsafe equipment or prior incidents can strengthen a case by showing that the organization was aware of potential risks but failed to address them.

Collecting and presenting this evidence can significantly strengthen a claim, help establish the facts of the case and support an injured child’s right to fair compensation.

Consult an Experienced Attorney at The Kahn Law Firm, P.C.

Youth athletics offer valuable experiences, but injuries are an unfortunate reality. Parents may have legal options to hold responsible parties accountable when a child is injured due to negligence. Understanding liability nuances, such as risk assumption, waiver enforceability, and the standards of care owed to young athletes, can empower parents to protect their children’s rights. While sports inherently involve risks, gross negligence, inadequate supervision, and failure to maintain safe conditions are unacceptable and may warrant legal action.

If your child has been injured in a youth sports incident, and you suspect negligence, reach out for help from a legal professional who understands the complexities of sports injury cases. At The Kahn Law Firm, P.C., we’re here to guide you through your options and help you seek justice.

Call us today at 713-999-6549 for a free consultation and to learn more about protecting your child’s rights.

Texans are known for their independent spirit and willingness to stand up to authority—a proud characteristic rooted in the state’s history. However, pursuing a claim against the government is no small feat. In Texas, filing a personal injury claim against a government entity can be challenging, and it differs significantly from typical personal injury claims. One primary obstacle is the principle of sovereign immunity, which traditionally protects government entities from lawsuits.

Although Texas law has created exceptions allowing limited claims against government entities, strict procedures and specific limitations apply. If you’ve been injured due to the actions of a government employee or on government-owned property, understanding Texas’ legal framework is essential for determining whether you have a valid claim.

Sovereign Immunity Under Texas Law

Sovereign immunity is a legal doctrine rooted in British common law that initially established the government’s protection from being sued without consent. This concept assumes that the government, as a sovereign power, cannot be held liable for damages like private individuals or entities. In Texas, sovereign immunity generally prevents lawsuits against government bodies and employees when performing official duties.

Sovereign immunity applies to various government agencies, from state-level departments to local municipalities. However, Texas law does allow for specific circumstances in which sovereign immunity is waived—that is, the government consents to be sued—allowing injured individuals to pursue compensation for personal injuries. Knowing the boundaries and conditions of these waivers is crucial, as they outline the limited scenarios where a personal injury claim may proceed.

Texas Tort Claims Act and Exceptions to Sovereign Immunity

The Texas Tort Claims Act (Texas Civil Practice & Remedies Code § 101.021) is the principal law outlining exceptions to sovereign immunity in Texas. Passed in 1969, this Act permits certain personal injury claims against government entities under specific conditions, providing a pathway for individuals to seek compensation when injured due to a government entity’s negligence.

Exceptions to Sovereign Immunity Under the Act

The Texas Tort Claims Act includes exceptions for certain types of negligence by government entities, allowing claims in cases where:

• Injuries resulting from the operation or use of a motor vehicle or motor-driven equipment: If a government employee, such as a city bus driver, causes an accident while performing their duties, an injured party can potentially sue the governmental entity.
• Injuries are due to unsafe conditions on government-owned property: Government entities may be liable if they fail to repair dangerous conditions on property they own, such as a hazardous condition in a government office building or public park, provided they had prior notice of the danger.

These limited waivers of immunity enable injured parties to pursue claims in specific situations, but pursuing these claims requires close adherence to procedures and limits set out by the Act.

Types of Governmental Entities Covered Under the Act

The Texas Tort Claims Act applies to many, but not all, governmental entities. It distinguishes between state and local government entities, such as departments like the Texas Department of Transportation and city or county governments.

Generally, state agencies, local municipalities, and their employees acting within the scope of their duties are covered under the Act’s provisions.

Entities Exempt from the Act

The Texas Tort Claims Act does not cover certain entities, including independent school districts (ISDs). Sovereign immunity for ISDs is handled under a different legal framework, which often limits or bars personal injury claims. Other entities or quasi-governmental organizations may also fall outside the Texas Tort Claims Act, so consult an attorney to confirm whether your claim falls within the Act’s protections or requires different legal considerations.

Filing a Personal Injury Claim Against a Government Entity

One of the critical challenges of filing a personal injury claim against a government entity is adhering to strict notice requirements and statutes of limitations. Failing to meet these requirements can lead to claim denial, even if your injury would otherwise be eligible for compensation.

Notice Requirements

Under Texas Civil Practice & Remedies Code § 101.101, anyone filing a claim against a government entity must provide notice of their injury within a short time frame, often as little as six months from the incident date. Some cities and counties have even shorter notice periods, sometimes requiring notice within 90 days.

To file a valid notice, the injured party must include:

• The damage or injury claimed,
• The time and place of the incident and
• The incident.

This notice allows the government entity to investigate the incident before a lawsuit is formally filed, and failure to submit it within the required time frame can lead to dismissal of the claim.

Statute of Limitations

Texas law also imposes a statute of limitations for personal injury claims against government entities, typically two years from the date of the incident. However, the notice requirements discussed above are crucial; missing the deadline to provide notice can bar you from filing a lawsuit even if the two-year statute of limitations has not expired. Working with an attorney familiar with government claims can be crucial in meeting these deadlines accurately.

Challenges and Limitations in Recovering Damages

Even if you successfully navigate the requirements to file a claim against a government entity, Texas law imposes statutory caps on damages for these claims. According to Texas Civil Practice & Remedies Code § 101.023, there are specific limits on the amount an injured person can recover:

• For claims against city and state governments: Damages are capped at $250,000 per individual and $500,000 per incident.
• For claims against other levels of government agencies: The cap is $100,000 per person and $300,000 per incident.

Additionally, Texas law restricts the types of damages recoverable in these cases. Unlike private personal injury cases, punitive damages—which aim to punish wrongdoing—are generally unavailable in claims against government entities.

Compensation is limited to actual damages, such as medical expenses, lost wages, and other measurable costs resulting from the injury. These limitations often make it essential to work with legal counsel to understand the realistic compensation you may pursue.

Schedule a Consultation at The Kahn Law Firm, P.C.

Filing a personal injury claim against a government entity in Texas involves navigating complex laws and strict procedural requirements, primarily due to the protections provided by sovereign immunity. The Texas Tort Claims Act provides limited waivers of immunity, allowing injured parties to file claims under specific conditions, such as accidents caused by government-operated vehicles or unsafe government premises. However, these claims are subject to strict filing requirements, statutory caps on damages, and limitations on the types of compensation available.

Careful preparation and understanding of the legal processes are crucial for pursuing such claims. If you or a loved one has been injured due to the actions of a government employee or on government-owned property, contacting an attorney with expertise in this area can provide valuable guidance. At The Kahn Law Firm, P.C., we help you understand your rights and guide you through the steps needed to seek compensation.

Call us today at 713-999-6549 for a free consultation to learn more.

Car accidents occur frequently across Texas, affecting drivers and passengers who may suffer injuries in these incidents. In the U.S., cars are deeply woven into the fabric of American identity, symbolizing freedom, independence, and mobility. Yet, with the extensive time Americans spend on the road, the risk of accidents rises, underscoring the need for legal protections.

While drivers’ liability is often discussed, passengers injured in car accidents also have rights to compensation, which can vary depending on the circumstances of the accident and the type of vehicle involved. Understanding these rights—and knowing who may be liable—is essential for any passenger injured in a car accident in Texas.

Duty of Care and Liability of Drivers for Passenger Injuries

Under Texas law, every driver has a “duty of care” to their passengers, meaning they must drive responsibly and avoid behaviors that could cause harm. If a driver breaches this duty by acting negligently—speeding, using their phone while driving, or failing to follow traffic rules—they may be held liable if a passenger is injured.

How Negligence Law Applies in Texas

Negligence, a central concept in personal injury cases, refers to a failure to act with the care a reasonable person would exercise under similar circumstances. For a passenger to successfully pursue a negligence claim, they generally must show the following:

• Duty of Care: The driver had a duty to operate their vehicle safely (which they automatically owe to passengers).
• Breach of Duty: The driver acted carelessly or recklessly, violating this duty.
• Causation: The breach directly caused the passenger’s injuries.
• Damages: The passenger suffered financial or physical harm, such as medical bills or lost income.

In Texas, the principle of proportionate responsibility, outlined in the Texas Civil Practice & Remedies Code § 33.001, affects liability when multiple parties are responsible for an accident. Under proportionate responsibility, each party’s liability corresponds to their percentage of fault. For example, an injured passenger could file claims against any at-fault driver in a multi-vehicle accident. Each driver would then be responsible for paying a portion of the passenger’s damages proportional to their degree of fault, simplifying the process for passengers to pursue claims against multiple parties.

Liability of Common Carriers

Common carriers, such as rideshares, taxis, and buses, operate under a heightened duty of care, recognizing that passengers entrust them with their safety. In Texas, this elevated standard requires carriers to be particularly vigilant to avoid harm to passengers. If a passenger is injured while using a rideshare service or similar transportation, even minor negligence by the driver or the company could make them liable for damages.

Insurance and Financial Responsibility Requirements

Texas mandates that commercial vehicles, including common carriers, carry specific levels of liability insurance to cover potential damages from accidents. For instance, Texas Transportation Code § 643.101 specifies minimum liability insurance requirements for commercial vehicles, including buses and taxis, to ensure adequate financial protection for passengers.

Additionally, rideshare companies must have liability insurance that varies depending on whether the driver is actively transporting a passenger or waiting for a fare. These insurance requirements help ensure that passengers can receive compensation for injuries sustained during accidents involving common carriers.

Liability of Public Transportation

Passengers injured on government-owned public transportation, such as city buses or trains, face a distinct set of legal rules.

Government entities in Texas, like cities and transportation providers, generally benefit from sovereign immunity, which limits their exposure to lawsuits. Specific circumstances allow passengers to file claims against these entities, such as when an accident arose from the negligent operation of a government-owned vehicle.

Texas Tort Claims Act and Sovereign Immunity Waivers

The Texas Tort Claims Act, specifically Texas Civil Practice & Remedies Code § 101.021, creates exceptions to sovereign immunity, enabling injured passengers to pursue claims if their injury was caused by a public employee’s negligent vehicle operation. For instance, if a city bus driver’s reckless or inattentive driving caused an accident, an injured passenger could bring a claim against the city’s transportation authority. However, claims against government entities can be complex and require a deeper understanding of the specific rules and timelines involved.

Filing Claims Against Government Entities

Injured passengers who plan to file a claim against a government-owned transportation entity should act quickly. Government claims often have shorter filing deadlines than standard personal injury claims—sometimes as short as 90 days after the incident. Additionally, passengers must adhere to specific procedural steps, such as filing a notice of claim, including details of the accident and the alleged negligence. Because failure to comply with these procedural requirements may result in a claim being dismissed, consulting an attorney with experience in governmental claims is advisable.

Steps to Take If You Are Injured as a Passenger

If you’re injured in a car accident as a passenger, taking the following steps can help ensure your rights are protected and improve your chances of receiving compensation:

• Seek Immediate Medical Care: Prioritize your health and safety by seeking medical attention promptly. Some injuries may not be immediately apparent, so a thorough examination is advisable.
• Report the Accident: If the driver hasn’t reported the accident, you may need to report it yourself to ensure an official record is available.
• Document the Scene: Gather as much evidence as possible, including taking photos, collecting contact information from witnesses, and noting accident details. This documentation can help support your claim.
• Contact an Attorney: Consulting a personal injury attorney can be critical, especially if multiple drivers or governmental entities are involved. An attorney can help you determine which parties may be responsible, navigate complex insurance and liability issues, and advocate for fair compensation.

An attorney can also clarify the steps to follow if you’re dealing with the unique deadlines and requirements involved in claims against public transportation providers.

Contact a Personal Injury Attorney at The Kahn Law Firm, P.C.

Passengers injured in car accidents in Texas have a variety of legal rights and options for seeking compensation. The path to recovery depends on multiple factors, including whether the at-fault party is a private driver, a rideshare service, or a public transportation entity. Texas laws, such as proportionate responsibility for multi-party accidents and the heightened duty of care for common carriers, allow passengers to hold negligent parties accountable. The Texas Tort Claims Act also provides opportunities to pursue claims against government-owned transportation providers, albeit with unique rules and restrictions.

Navigating these legal pathways can be complex for injured passengers, especially considering different deadlines and legal standards. Seeking guidance from a knowledgeable attorney helps clarify these processes and ensures you make informed decisions that protect your rights. By consulting legal professionals at The Kahn Law Firm, P.C., injured passengers can maximize their chances of receiving fair compensation for the accident’s physical, emotional, and financial impact.

Call The Kahn Law Firm, P.C. 713-999-6549 for a consultation about your case today.

Have You Been Injured in a Rear-End Collision?

When a person is injured in a traffic accident, determining who was responsible isn’t always easy. If a negligent driver injures you, for instance, in a rear-end accident in the greater Houston area, you must be represented and advised by a Brazoria County car accident lawyer.

The National Highway Traffic Safety Administration tells us that rear-end accidents account for approximately 29 percent of all traffic accidents in the U.S. These accidents also account for about 7.5 percent of all fatal accidents and about 30 percent of the crashes with serious injuries.

In rear-end accidents in Texas, is the driver of the rear vehicle automatically considered liable? Who will cover your medical costs and lost wages if you’re seriously injured in a rear-end crash? When will you need the advice and services of a Brazoria County car accident attorney?

Who is Held Liable for a Rear-End Collision?

In rear-end collisions in Texas, when a driver crashes into or rolls into a vehicle that is legally parked or legally stopped for a traffic signal or sign, that driver is almost always assigned liability.

The ability to brake safely is a fundamental driving skill. A motorist who causes a collision by failing to brake safely is almost always deemed negligent and considered liable. However, in a few rare rear-end collisions, the other driver may share the liability for the accident.

Should a motorist suddenly brake and stop in front of you, you need adequate space in order to brake safely. Of course, in fast-moving, dense traffic, if a motorist suddenly brakes or stops in front of you, a rear-end collision may be unavoidable.

How Do Some Rear-End Accidents Happen?

In a rear-end collision, the motorist in the front vehicle may be deemed partially liable if that vehicle’s brake lights or taillights weren’t working, if the driver turned without using a signal, or if the driver didn’t use blinkers before suddenly stopping.

Nevertheless, if you’re driving the rear vehicle in a rear-end collision, you may have difficulty proving that the motorist in front of you had any fault for the accident. But if you’re injured, a Brazoria County car accident lawyer can offer effective representation and sound legal advice.

Your lawyer will analyze the pertinent evidence – which may include medical records, eyewitness statements, photographs, and the written police accident report – to determine how the accident happened and which driver should be held accountable.

What Can an Injury Victim Recover?

If you’re injured in a rear-end collision because another driver was reckless or negligent, you have the right under Texas law to recover compensation for your pending and future medical bills, current and projected future lost wages, personal suffering and pain, and related damages.

Your Brazoria County car accident attorney will negotiate for a just and reasonable settlement, but if the other party denies liability or fails to make an acceptable settlement offer, your lawyer will take your claim to court and trial, if necessary, to recover the compensation you are entitled to by law.

If you are injured in a rear-end crash in Brazoria County or anywhere in the greater Houston area, don’t admit any fault, do not sign any insurance documents, and don’t even speak with the other motorist’s insurance company before you’ve consulted a personal injury attorney.

How Will Your Injury Claim Be Handled?

If you’re injured in a rear-end crash, the at-fault driver’s insurance company may offer you considerably less than the real value of your injury claim. Don’t accept that offer – or any settlement offer – before you’ve consulted your personal injury attorney.

After you are examined and treated for your injury, contacting a Brazoria County accident attorney should be the next step you take. Your accident attorney will negotiate for the settlement you need, and if necessary, fight for your compensation at trial.

When Should You Have a Medical Exam?

Sometimes, an injury suffered in a rear-end accident may be latent or hard to detect. If you’re not rushed to an emergency room or treated at the accident scene, you must have a medical examination immediately, and if possible, within twenty-four hours of the accident.

If you fail to undergo an immediate medical exam, it may be difficult to tie your injury directly to a specific accident, and you won’t establish the medical records that you’ll need to prevail with a personal injury claim.

A latent or hard-to-find injury may subsequently emerge as a serious condition, so an immediate medical exam protects you both legally and medically. Crash experts believe that a headrest may be the best protection against neck, head, and spinal cord injuries in rear-end collisions.

What Else Should You Know?

When defective vehicles or vehicle parts cause rear-end collisions in Texas, and neither motorist is at fault, your Texas accident attorney may recommend filing a product liability claim to recover compensation from the vehicle or part manufacturer.

Additionally, if you’ve been injured in a rear-end collision that happened because a highway or street was designed or maintained improperly, you may file a personal injury claim against the state or local government or government agency responsible for that roadway.

Is There a Deadline for Seeking Compensation?

With only rare exceptions, the deadline for taking legal action in personal injury cases in Texas is two years. If you’re filing a claim against a state or local government agency, you must additionally file a “notice of claim,” with your attorney’s help, within 180 days of the accident.

Don’t wait two years or even 180 days to speak with an attorney. Do it as soon as you’ve been treated for the injury. Your attorney should speak with any witnesses before their recollections fade and examine the evidence in the case while that evidence is still fresh.

Let the Kahn Law Firm Handle Your Rear-End Accident Claim

It costs nothing to learn more. If you’re injured in a rear-end crash in the Houston area, now or in the future, call the Kahn Law Firm as quickly as possible. The Kahn Law Firm legal team will provide a no-cost, no-obligation evaluation of your case.

Call our offices in Pearland at 713-999-6549 to schedule that first legal consultation. You’ll learn how the law applies to your own case, and you’ll receive sound, personalized advice. Attorneys John J. Kahn, Jr. and Jennifer Hodges Kahn have been practicing law in Texas since 2001.

The Kahn Law Firm has a “no fee unless we win” policy for injury cases which means that you’ll pay no attorneys fee unless and until we obtain your compensation for you. For more than two decades, we’ve been delivering the results that personal injury victims need.

If You Are Injured Working on a Texas Ranch or Farm, What is Your Recourse?

In or near the Houston area, if you are injured in an agricultural accident that wasn’t your fault, you may qualify for compensation to cover your medical expenses, lost wages, and more, but you must reach out immediately to a Brazoria County agricultural injury attorney.

Agriculture is an ancient and dangerous occupation. Hazardous chemicals, heavy machinery, and other factors constantly put farmers, ranchers, their employees, and their family members at risk for injuries and fatalities. Agriculture in Texas includes a great deal more than cattle ranching.

Texas also grows cotton, grains, fruits, nuts, vegetables, and timber. In fact, more farms and ranches are set in Texas than any other state, with 248,416 farms and ranches spread over 127 million acres, creating plenty of opportunities for agricultural accidents, injuries, and fatalities.

What is the Leading Cause of Farm and Ranch Accidents?

Learning how agricultural injuries happen is the first step to reducing the number of accidents and creating a safer agricultural environment. The most common cause of injuries and fatalities on Texas farms and ranches is improperly maintained or defective machinery and equipment.

Modern agriculture relies to a great extent on tractors, but despite the sturdy appearance, a tractor can easily roll over if it’s on uneven ground or operated improperly. Tractor rollovers and similar accidents involving heavy equipment can cause catastrophic and fatal injuries.

Even for experienced operators, tractors, harvesters, balers, and combines can be dangerous. When this equipment malfunctions or when it is used negligently or without proper training, serious injuries and fatalities can happen. Limbs can be entangled, and workers can be crushed.

What Are the Other Causes of Farm and Ranch Accidents?

Malfunctioning and defective vehicles and heavy equipment are the leading cause of agricultural accidents in this state, but injuries and deaths on Texas farms and ranches also have a variety of other causes, including but not limited to:

Livestock: Farm animals like bulls and horses can be unpredictable. From dangerous kicks to uncontrollable stampedes, the size, weight, and sometimes aggressive nature of farm animals may cause catastrophic injuries, and in too many cases, fatalities.

Exposure to hazardous chemicals: Modern agriculture frequently requires the use of fertilizers and pesticides that have been linked to serious health conditions including skin burns, respiratory issues, and reproductive health problems.

Grain silo incidents: Workers in grain silos can suffocate when they are trapped in shifting grain. Falls and malfunctioning equipment are also linked to the injuries and fatalities that happen in grain silos.

While agricultural accidents have a variety of causes, the final root cause of almost every serious agricultural accident is human negligence: a farmer’s or rancher’s negligence, a worker’s negligence, or the negligence of an equipment or vehicle manufacturer.

Ranch and Farm Accidents: How is Liability Determined?

For example, ranch and farm owners are negligent – and may be deemed liable for accidents, injuries, and fatalities – when they do not provide workers with adequate training or if they let untrained personnel undertake dangerous tasks.

When someone is injured in an accident that involves a vehicle or other heavy equipment, the manufacturer may be held liable for manufacturing and selling a defective product. However, if poor maintenance causes an equipment or vehicle failure, the owner may have liability.

Cutting corners and neglecting safety measures are never good ideas. Farm and ranch owners and managers may also be held liable when they do not instruct workers to wear protective safety gear, store hazardous materials safely, and adhere to standard safety protocols.

How Are Victims Compensated for Ranch and Farm-Related Injuries?

If you are employed on a ranch or farm in Texas, and you are injured in the course and scope of your employment duties, you may qualify for workers’ compensation benefits, but only if your employer carries workers’ compensation insurance.

If you are covered by workers’ comp, in most cases, you can’t sue an employer for a work-related injury or illness. However, private employers in this state are not required to have workers’ compensation insurance.

If you are not covered by workers’ comp, and if you believe that you have been injured on a ranch or farm because an employer or a vehicle or equipment manufacturer was negligent, schedule a consultation as quickly as possible with a Brazoria County personal injury lawyer.

When Should You Schedule a Legal Consultation?

In this state, the statute of limitations for filing a personal injury claim – that is, the deadline for taking legal action – is usually two years from the date of the injury, although the law allows for several narrow exceptions.

With the Kahn Law Firm, you will no have to pay any fees upfront and no fee until and unless we recover the compensation you’re entitled to under Texas law.

Of course, you should not wait two years to speak to an attorney. Memories fade over time, and evidence can be tampered with, lost, or contaminated. As soon as you have been examined and treated for your injury, schedule a consultation with a Brazoria County personal injury lawyer.

Where Should You Turn for Legal Help After an Agricultural Injury?

If you are injured in an agricultural accident anywhere in or near the greater Houston area, it doesn’t cost anything to learn more about your rights. Call the Kahn Law Firm immediately at 713-999-6549 to schedule a free case evaluation with no obligation.

Our legal team will explain how Texas law applies to your case, and we will provide the sound, personalized legal advice you’ll need. For more than two decades, attorneys Jennifer Kahn and John J. Kahn, Jr. have been prevailing on behalf of injury victims in the Houston area.

We have considerable experience resolving the most difficult personal injury cases. We settle some claims before filing a lawsuit, but if an acceptable settlement amount isn’t offered, the Kahn Law Firm will fight for your rights in court. We know how to win the compensation you need.

What Should You Know About Lane-Splitting?

If you’re injured in an accident with a negligent driver or a negligent motorcyclist in or near the Houston area, you must contact a Brazoria County motorcycle accident attorney as quickly as possible. 

Motorcycles account for fewer than two percent of the registered motor vehicles in Texas, but in 2021, motorcycles were involved in twelve percent of this state’s fatal traffic accidents. In 2023, there were more than 8,700 motorcycle accidents in Texas.

These accidents caused 599 deaths and more than 2,400 serious injuries. Many of these accidents involved lane-splitting, which is illegal in Texas. What is lane-splitting? Why is it so dangerous? And what are your options and rights if you are injured in an accident caused by lane-splitting?

How is Lane-Splitting Penalized in Texas?

Generally speaking, lane-splitting happens when a motorcyclist crosses painted lines on the road to proceed between and past slower-moving vehicles moving in the same direction. The precise definition of lane-splitting varies slightly from state to state.

Several states allow lane-splitting in particular situations, but not Texas. A $175 fine is the usual penalty for lane-splitting in this state. A Texas motorcyclist who causes a traffic accident by lane-splitting will be deemed either wholly or partially at-fault for the accident.

When a motorcycle accident is investigated, lane-splitting may or may not prompt charges of negligent or reckless driving. The main question is this: Was the car or truck driver speeding or driving recklessly, or was the lane-splitting motorcyclist the only party at-fault?

Why is Lane-Splitting So Dangerous?

Why is lane-splitting dangerous, and why is it illegal in this state? The dangers associated with lane-splitting include but are not limited to:

1. car and truck doors that open suddenly
2. drivers abruptly changing lanes without using their blinkers
3. drivers who make turns without realizing a motorcyclist is present
4. hands, arms, or objects unexpectedly coming from car and truck windows

How Does Comparative Negligence Apply in Lane-Splitting Accidents?

Texas is a “comparative negligence” state for auto insurance, which means that each driver in a traffic accident may be assigned a percentage of the fault. Let’s say that Motorist Y suddenly and recklessly changes lanes and collides with Motorcyclist Z, who was lane-splitting.

A car insurance company or a trial jury (should the case go to trial) may determine, for example, that Motorist Y is 70 percent liable for the accident due to recklessly changing lanes and that Motorcyclist Z is 30 percent liable for the accident because he or she was lane-splitting.

If Motorcyclist Z is injured with damages of $100,000, under comparative negligence in Texas, Motorcyclist Z’s damages would be reduced by 30 percent. The motorcyclist could still recover $70,000 (70 percent of his or her damages) for medical costs, lost wages, and related losses.

What Should You Do After a Motorcycle Accident?

If you sustain injuries in a collision that involves a motorcycle, whether you are a motorcyclist or a car or truck driver or passenger, seek medical assistance. That’s the priority. After you’ve been examined and treated, arrange to meet with a Brazoria County motorcycle accident lawyer.

If you’re not treated at the scene or taken to a hospital, have a medical exam at once – within the first 24 hours if possible. Without that exam, you may have difficulty linking your injury to the accident, and the other party’s insurance company may claim your injury occurred elsewhere.

How Will Your Attorney Handle Your Injury Case?

If you’re injured in a crash with a lane-splitting motorcyclist and you weren’t at fault, and if your Brazoria County motorcycle accident attorney can prove it, Texas law will be on your side.

Your attorney will examine witness statements, medical records, the police report, and any photos or video of the accident. Then, your attorney will try to negotiate a settlement of your personal injury claim.

Nevertheless, if no reasonable settlement offer is forthcoming in the pre-litigation negotiations, or if liability for the collision is in dispute, your lawyer will file your case in court and can take it to trial and tell the jurors why they should award your compensation.

What Damages Can Injury Victims Recover?

On the other hand, if you’re a motorcyclist who is injured by a car or truck driver’s negligence, even if you were lane-splitting, you can also be compensated for a percentage of your damages. The damages that injured victims of negligence are entitled to recover include compensation for:

1.  current and projected future medical care and treatment
2.  lost wages and projected future lost earnings
3.  personal suffering and pain
4.  additional accident-related damages and losses

When Should You Contact an Attorney?

You have two years from the date you were injured to take legal action with a personal injury claim after a motorcycle accident in Texas, with very few exceptions. It’s best to speak with an attorney immediately after you’ve been examined and treated by a medical provider.

Don’t wait two years. Over time, evidence can be lost, altered, or contaminated. Your Brazoria County motorcycle accident lawyer will need to scrutinize the evidence while it’s still fresh and speak with any witnesses to the accident before their memories fade.

What Will Justice Cost?

If you are injured by a negligent or careless motorcyclist, or if you’re a motorcyclist and you’re injured by a negligent or careless car or truck driver, it costs nothing to find out more about your rights. A Houston-area motorcycle accident lawyer can take your case on a contingent fee basis.

Your first legal consultation is free, and you’ll owe no lawyer’s fee until and unless your lawyer obtains your compensation with a jury verdict or a private settlement. But with so many attorneys in the greater Houston area, who will make your personal injury case a priority?

The Kahn Law Firm Will Fight for the Compensation and Justice You Need

Houston-area personal injury attorneys John J. Kahn, Jr. and Jennifer Hodges Kahn have substantial experience resolving the most complicated personal injury claims. For over twenty years, we have been recovering the compensation that our injured clients need.

We’re a husband and wife law firm, so we can make your case a priority and give it our complete personal attention. If you are injured in the Houston area in an accident that involves lane-splitting, contact the Kahn Law Firm as quickly as possible by calling 713-999-6549.