Secure Witnesses In Your Texas Auto Accident

GET CONTACT INFORMATION FROM EVERYONE AT THE SCENE

Have you ever been a victim in a Texas auto or truck accident that you did not cause, but were held responsible for the cost of the accident or the other driver was not held at fault because you didn’t have any witnesses?

This story is a familiar one to our firm. Without independent witnesses, recovery can be difficult. Insurance companies may utilize the fact if that there are no witness listed on the police report, they will take the word of their driver and resuse to accept liability or discuss settlement. This leaves filing a lawsuit and a lengthy court fight as the only option to recover for the injuries you have sustained.

In a Texas court, the injured person has the burden of proof. That means the injured person must prove the other driver is at fault. If it is your word against the other driver, that may not be enough to convince a jury.  To strengthen your case, independent testimony can be vital. This testimony combined with an  investigating officer report that charges the other driver, may make your day at the courthouse successful. 

If you are involved in a Texas auto accident, you should ask the people who stop for their names and contact information. Even if they did not see the actual accident, they may remember facts that can help you prove your case.   In fact,  witnesses will have more information than just the actual crash facts. For instance, they may notice that the other driver was distracted, speeding or exhibiting aggressive behavior. This information can support your credibility and undermine the other driver’s credibility.

It is important to secure the names, phone numbers and addresses of the witnesses at the scene. Ask the investigating officer if he or she obtained the names and contact information of everyone who was present at the scene. There are times when the officer in the midst of an investigation, they may not obtain complete witness information.   If you or someone else at the scene is capable, then get the information directly.

Whether you were in the Texas auto accident or a concerned motorist stopping to provide assistance, you should obtain the names and contact information of people present at the scene, especially eyewitnesses to the crash, and provide that information to the police officer and to persons involved in the crash. That information could mean the difference between whether an injured person is able to recover for injuries and losses caused by someone else. With some investigation and diligence in getting witness information, your day at the courthouse can be a pleasant one.

If you have been in a Texas auto or truck accident, do not hesitate to call The Law Office Of T. Christopher Lewis. We are experienced in investigating Texas auto accidents and helping people who are injured get the best results from the insurance companies and will help you. 

Fill out the form below or call us now at (817) 795-3900.

Using Social Media In Texas Divorce

Adultery is one thing that is common in Texas divorces, giving the court a reason to find fault in the break up of the marriage. Because Texas is a no fault state, which means you could actually get a divorce without giving a reason, this is only necessary if there is something to be gained from the divorce of the marriage (a larger division of property, custody, or a higher amount of alimony). But with this option comes the fact that adultery has to be proven, otherwise the divorce may not be granted by the judge. The most common proof is pictures, letters, video recordings, and witnesses. But what about social network sites and email?

According to The American Academy of Matrimonial Lawyers, 81 percent of its members have used or faced evidence plucked from Facebook, MySpace, Twitter, and other social networking sites, including YouTube and LinkedIn over the last few years. Since there are laws against unlawfully hacking into a personal account that isn't yours or intercepting email, normally evidence is gathered from public pages or profiles, or just plain old carelessness on the adulterers part. Although social networking sites do not necessarily encourage adultery, it provides the opportunity for adultery to be commited with familiar people or even complete strangers. It also leaves an electronic trail of evidence for a person who knows where to look.

Most people use social networking so much, they rarely use discretion when posting status messages and pictures or making comments. What is also incriminating when investigating these types of accusations is the "tag" feature on these sites where the person accused of adultery is linked to a picture from someone else's account. Furthermore, locations have been known to show up when postings are submitted via mobile phone and even laptops and home computers. Because of the terms and conditions that people fail to read when signing up for these sites, public viewing and data collection is fair game!

If you are planning on divorcing your spouse, be very cautious when using social networking sites. Anything that seems reckless as far as behavior can be used against you during custody and other hearings in the divorce procedure. Take extra security measures and set your profile to privately viewable only by friends and family, be sure to check if your location is being published along with content, and watch your language use and associations, especially if you are the one being accused in this matter. Accusers beware as well. Remember, even when you provide proof in court, anything incriminating and unorthodox that is found on your profiles or in your emails can cause more confusion and chaos, costing you more money and time.

For answers to your questions on gathering information for your Texas Divorce, contact The Law Office Of T. Christopher Lewis at (817) 795-3900 or click here to submit a free case evaluation.

Teen + Alcohol = Unsafe Roads

Memorial Day is practically here. And that means it's time to celebrate the lives and service of those who served in the United States Armed Forces...unfortunately, we tend to mourn the loss of a young teen who took to the wheel while intoxicated. It is a known fact that in there are lots of fatal car accidents are the leading cause of death for young people between the ages of 15 and 20. But in Texas alone, an estimated 169 out of 1,523 are from teenagers in that age range.


Here are more scary facts:

• Americans consume the most alcohol in their teenage years until their early twenties.
• Forty percent of alcohol-related car crashes result to death involving teenagers.
• Every day eight teenagers die as a result of teenagers drunk driving.
• 2003 statistics show thirty one percent of teenage drunk drivers were killed in motor vehicular accidents.
• Female teen drunk drivers are more likely to crash than male teen drunk drivers.
• Almost seventy percent of teenagers have drunk an alcoholic beverage, ranging from beer, wine, or one or many hard liquors.
• Estimates show that more than three thousand teenager deaths are results of injuries from vehicular accidents connected to driving under the influence of alcohol.
• More than twenty five percent of teens who die in vehicular accidents were actually drinking while driving.
• The highest crash rate in America is attributed to eighteen year old teens.
• An average teenage male had his first drink at eleven, for females it is thirteen.
• Teenagers who begin to drink at fourteen and below have four times the probability of becoming an alcohol-dependent than those who only begin drinking at the age of twenty one.
• On an average Friday or Saturday night, one in every ten drivers in the United States had been drinking.
• An estimated eleven thousand teenagers daily get their first taste of alcohol for the first time.
• Out of the 5,700 alcohol related teenage arrests in the DFW Metroplex from 2004 to 2009, 9% of those teenagers re-offended and had as many as five DWI's by the age of 20!

We encourage everyone to have fun this weekend and celebrate the brave soldiers who gave their lives for our freedom, but in the safest manner possible. Try making Memorial Day a family function. Find ways to entertain the people around you, especially your teenagers. The more they have to do, the less trouble they think about getting into. Plan to start your activities early in the morning so everyone will be tired by the evening. And plenty of food will definitely make anyone tired!

Remember, teens are not good at making judgement calls. As a parent or guardian, it is our responsibility to make sure they make the right choices. But of course we can't always be there to make sure they are not breaking the law. If that should happen and you need some representation, The Law Office Of T. Christopher Lewis is here 24/7. Call us at (817) 795-3900 or click here to submit a free case evaluation and we will contact you within MINUTES!

Have a safe and happy Memorial Day!

Using Common Sense When Standing Your Ground

There has been a lot of speculation concerning the "Stand Your Ground" law in different states. Brought to the attention of the American people after the Trayvon Martin shooting, a lot of people are wondering what constitutes "Self Defense". There have been polls and articles written, giving the American people more to think about. We all agree that if necessary, protect your family and property at all costs. But what about when you're out in public?

Florida, one of the first states to pass a shoot-first law, allows their residents to meet force with force...deadly force, if the person "feels" it is necessary. Texas established its law allowing an individual to defend their habitat in 1995, then extended that right to the individuals vehicle and work place in 2007. But it also states that that individual has their right only if they had the right to present where deadly force was used, did not provoke the person which force was used upon, and if they were not engaged in criminal activity at the time. Likely? Yes. But what about the use of common sense for those who have the tendacy to take their "rights" too far?

Here are some facts and tips concerning the "Stand Your Ground" law in Texas that you should know:

• In 1995, Texas established its law allowing an individual to defend their habitat (House Bill 94)
• The "Stand Your Ground" law was extended to an individuals vehicle and work place in 2007 (Senate Bill 378)
• Senate Bill 378 also "abolishes the duty to retreat if the defendant can be shown he: (1) had a right to be present at the location where deadly force was used; (2) did not provoke the person against whom deadly force was used; and (3) was not engaged in criminal activity at the time deadly force was used."
• There are 19 states, including Texas, who passed "Stand Your Ground" laws
• For those 19 states, crime rates fell by 14.5 percent
• The other 31 states who have not passed a law also have seen reduced crime rates by 10.95 percent 
• It is advised to use common sense when exercising your right to "Stand Your Ground"; don't go looking for trouble!

If you are ever in a situation where you need to know your rights or need legal representation for criminal charges, please contact The Law Office Of T. Christopher Lewis. We know the law and we can help!