In some circumstances an owner of the vehicle can be held accountable for its use by another person. In Texas, a claim of negligently entrusting a motor vehicle can establish legal liability if the plaintiff can prove the following:

* The owner provided or allow the vehicle to be used by another;

* The person driving was unlicensed, incompetent or reckless;

* The owner knew or should have known of the incompetency of the driver or his or her recklessness;

* The driver was negligent and caused the accident.

Entrustment equals permitting a driver to use the vehicle and the important time is when the vehicles lent. Permission to use the vehicle can also be implied through a course of conduct or a lack of objection to its use.

When a driver does not have a valid drivers license, or is otherwise incompetent to drive such as someone who may be drinking at the time the vehicle was lent can lead to a negligent entrustment claim.

The recklessness or dangerousness of the driver should be determined at the time the vehicle was lent to the driver.

Of course there are other ways that a motor vehicle may be liable for its use by another such as an employee who is on the job for the company at the time of an accident and who is in the course and scope of their employment.

If you are loved one have been injured in an accident and have questions regarding whether the doctrine of negligent entrustment may apply contact the best personal-injury attorney you can find and discuss the matter with them as soon as possible, after the accident.

Baumgartner Law Firm 6711 Cypress Creek Parkway Houston, TX 77069
(281) 587-1111

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The most recent technology rage is something called “Google glass” which is a eyewear frame with a minicomputer incorporated into the frame. The headset takes photographs, shows the time, can tell you the weather and will record video and let you share photographs and video on the Internet.

The headset even shows directions to points of interest and can send email and text messages by dictation. Whether or not you have Google glass fitted with prescription or other lenses, a small lens to the right-hand side shows the information that Google glass provides.

There is little doubt that this latest technology will be a lot of fun and also have some consequences. Already many different businesses have sought to ban the eyewear under privacy concerns. Mainly clubs and casinos but I would expect the list to grow substantially once the eyewear becomes readily available.

Certainly anyone in a public restroom would be concerned to see another with a Google glass eyewear because you don’t know when it is filming or not. Another concern is whether the eyewear will be safe for drivers or will lead to increased numbers of car accidents. There is little doubt that the potential for distraction from any thing that takes a drivers eyes off the roadway is increased proportionately with the time their eyes off the roadway.

Distracted driving includes not only taking her eyes off the roadway but taking your mind off the highway as well. Drivers are better served driving and dealing with the interruptions and information upon arrival.

Another area where Google glass may be utilized is the filming of the aftermath of car accidents or even the crash itself. The ability to videotape at the tap of a finger will certainly allow for documenting interactions which occur every day.

Hopefully, Texas will pass a law which makes universal the ban on texting and emailing while driving.

Baumgartner Law Firm 6711 Cypress Creek Parkway

Houston, TX 77069

(281) 587-1111

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Nine people die and over 1000 are injured each and every day in the United States because of a distracted driver. In fact, distracted driving is the leading cause of accidents in the United States.

Distracted driving is defined as driving while your attention is diverted away from driving. There are three main distractions for drivers, they are:

* Visual distractions

* Manual distractions and

* Cognitive  distractions

Visual distractions are the easiest to understand and they are activities that divert your eyes off of the road and onto something else. Such as looking at a smart phone text or even interacting with another passenger. Manual distractions involve taking your hands off the wheel to tend to other activities such as eating or drinking or adjusting the radio. While cognitive distractions are daydreaming or taking your mind off driving.

Many sources can lead to distracted driving. From adjusting the radio, inputting an address into a GPS, turning to speak to a passenger or to tend to a child all can lead to a serious accident if you are not careful.

The problem of distracted driving is significant and has increased in the last 15 years with technology. Today our society is one that is “connected” and has increased the number of serious injury and wrongful death accidents because of distractions related to cell phone communications.

In the year 2010 alone, almost 20% of the injury accidents are attributed to distracted driving. To give you an idea of how connected our society is in one month in 2011 more than 196 billion text messages were exchanged in the United States.

Studies have shown that younger and younger blessedness drivers under the age of 20 are at an increased risk of accidents by distraction and also have the highest percentage of distracted related fatal accidents.

Texas is in sorely need of a uniform state law dealing with texting and emailing while driving for the entire population. The last bill presented to the governor was not signed into law as a government intrusion. One of the purposes of government is to keep the citizens safe. A uniform law dealing with texting while driving or emailing while driving would go a long way in keeping Texans safer.

Call your Texas representative and tell them you would like a distracted driving bill signed into law this year.

Baumgartner Law Firm

6711 Cypress Creek Parkway Houston, TX 77069

(281) 587-1111

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Whether you carry an iPhone or a Google android telephone, there are apps available to you that offer real-time traffic, driving routes and travel alerts. The latest innovation in traffic apps includes the real-time reporting of accidents and delays along routes with recommended alternative routes to save time.

One highly rated iPhone app is the INRIX application that offers real-time reporting, road construction and other delays and has been highly rated. For the Google user Beat the Traffic is a app offering hassle-free commuting in both the United States and Canada. Reportedly up to 2 million users have downloaded the Beat the Traffic App.

There are many other apps and programs designed to help commuters avoid traffic congestion and accidents on the highways. A word of caution, however, in that it is dangerous to be a distracted driver and looking at your cell phone screen while driving. If you choose to use these handy applications, do so before you leave your destination or when stopped in traffic so not to distract your attention from the highway when you’re driving.

A few other highly rated apps are Sigalert, Waze, and even Google maps for alternate routes. Other useful programs include the weather alert apps that can give you real-time reporting on whether conditions that may affect your travel and even streaming radio from your cell phone to make the driving delays more palatable.

Some of these apps can even be set up to alert you of conditions ahead and allow you to avoid getting stuck in some horrendous traffic jams.

Given the fact that Houston’s roadway construction has lagged behind the population growth, commuting issues have been a problem for many years for Houston suburban drivers. Currently, US 290 is almost unusable during peak traffic hours with the flow of traffic. 10 years ago, it was Interstate 10 that was almost unusable with the flow of traffic during peak hours.

Hopefully, the new grand Parkway will alleviate some of the traffic congestion for the Houston area. There is little doubt that highway such as US 290 are in desperate need of expansion.

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While technology advances on a daily basis and something new is always around the corner, lawyers seem to be the type that are reluctant to embrace new technology. The advances have made the practice of law a different ballgame and allow for leveraging of both knowledge and labor by law firms.

Trial attorneys have new tools that make their jobs much easier and also less expensive. Trial exhibits can now be made at a very low cost and produced in discovery almost instantaneously.

One of the newest tools has been the ability to show trial exhibits and demonstrative evidence by use of an iPad. There are many different “apps” that allow an attorney at the touch of a finger to display and highlight documents, photographs and other evidence. At one time, not that long ago, such evidence required the in-house implementation of a very sophisticated software or the outsourcing to trial technology consultants for the trial of the case.

One of the best trial apps for the iPad is the app called “Trial Pad”. One of the best features of the trial pad out is the ability to add a hot document  with its important parts already highlighted and/or emphasized. This allows the attorney to simply touch their finger to the page and the judge and jury sees the document as annotated.

Getting documents into the Trial Pad app is also seamless through integration with dropbox built into the application.

Other technology tools have improved both personal injury and other law practice areas and some highlights for those include digital dictation from such programs as Dragon Dictate, Evernote for keeping of important information and many different “cloud” practice management options for keeping track of matters and clients.

Billing applications for those attorneys who bill have been outstanding at reducing the time necessary to produce an accurate and attractive bill and also keep track of the time for the firm and individual attorneys and staff. Online billing reduces the costs and accuracy of this is probably probable and administrative function.

Attorneys who embrace technology must budget for the learning curve in order to benefit from the technology. The hidden cost is not in the hardware or the software, but in the time it takes to learn the new technology and convince skeptics to try the technology.

Back in the early 80s, the fax machine was new on the scene and was considered “high tech” at the time. Today scanning has largely eliminated the need for a fax machine and online options rapidly replacing the old fax machine.  In todays  environment, there are two kinds of people those who embrace technology and those who get left behind.

Baumgartner Law Firm
6711 Cypress Creek Parkway
Houston, Texas 77069
(281) 587-1111

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The Baumgartner Law Firm was recently recognized by the Better Business Bureau with a winner of distinction award.

The Baumgartner All Firm received the prestigious winner of distinction award at the BBB Awards for Excellent luncheon held Wednesday, May 8 at the Westin Galleria.

The Better Business Bureau Awards for Excellence recognizes local area businesses and nonprofit companies for their achievement and commitment to customers and the community. Proceeds from the award luncheon go to fund the education foundation division of the Better Business Bureau, which division provides information to consumers about business practices in the Houston area.

Baumgartner Law Firm

The Baumgartner Law Firm is proud to have received this recognition in addition to the many other companies in the Houston area who were also recognized. The law firm also thanks the Better Business Bureau for their event and their commitment to Houston area businesses and consumers.

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Another early morning hit and run accident has left a woman in critical condition. The accident happened on stigma airline close to 2920. The woman was apparently a pedestrian who was run over when a white van ran off the road and struck the pedestrian.

According to reports, the driver of the van stopped, backed up, got out of the van and looked at the victim before leaving the scene.

The woman, whose identity has not been disclosed, was flown by helicopter to Memorial Hermann Hospital where she is listed in critical condition. A man who will probably make an important witness in this hit and run case accompanied the woman.

Authorities are seeking the driver of the white van and asking anyone with helpful information to call the police. You can call the hit and run unit at 713-247-4065 if you have any helpful information regarding this or other hit and run accidents.

Just two weeks ago, a 46-year-old woman was killed in downtown Houston when she was trying to get into her vehicle and was struck by a white Toyota FJ Cruiser. It also happened in the early morning hours.

The number of fatal hit and run accidents in the Houston area is actually astounding. Less than 50% of the hit and run accidents are solved according to estimates.

The majority of hit and run accidents occur in the early morning hours and many occur because of concerns whether drunken-driving, outstanding warrants or even immigration status may be a factor.

Baumgartner Law Firm 6711 Cypress Creek Parkway Houston, TX 77069
(281) 587-1111

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The Occupational Safety and Health Act of 1970, also known as OSH Act, was enacted to help prevent workingmen and women from being seriously injured or killed on the job. The law sets forth specific standards that employers must meet as far as work place safety and dealing with known dangers.

OSHA was created in the law and is charged with the responsibility of enforcing the minimum levels of safety set forth in the act.

The vast majority of working men and women in America follow under OSHA’s jurisdiction. OSHA covers private employers and employees. Exempted are certain employees for state and local governments and many federal agencies.

The standard set by OSHA give clear guidance to employers on how to protect their employees from dangers that could injure the employee. Such things as hazardous chemicals, fall protection, infectious diseases, trench cave-ins and other hazardous situations are dressed in the act.

OSHA also contains a general duty clause which indicates that employers must keep their workplace safe and free of recognized dangers.

It is no secret that OSHA is underfunded and cannot possibly inspect and enforce the act every time there is a potential violation. In the Houston area, the most common time that OSHA is involved comes after a very serious accident or a fatal accident. In those situations, OSHA conducts a fairly extensive investigation to determine if the accident could have been prevented and how.

Texas has a very high number of on-the-job fatal accidents particularly in the construction industry. Prudent companies give frequent safety meetings and cover the safety regulations contained in OSHA on a ongoing basis.

It has been very vogue to cite regulations as being anti-business and also unnecessary in our state and country. A large majority of businesses are genuinely interested in the safety of their workforce and comply with OSHA whether or not OSHA was the law of the land or not. Unfortunately, there are other businesses that take a relaxed view of safety and endanger workers by their actions and inactions.

Baumgartner Law Firm 6711 Cypress Creek Parkway Houston, TX 77069
(281) 587-1111

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As we get closer to the rainy season in the greater Houston area, some thoughts about safe driving in the rain seem appropriate.

Each year, Houston has numerous various serious and even fatal car  accidents that occur because drivers don’t allow for the dangers of driving in the rain. First and foremost, the driver should slow down substantially in the rain. Driving on the highways of Houston it is often difficult to slow down as much as one should in the rain.

Each hazard has its own situations when driving during a thunderstorm. Visibility is extremely limited in heavy rain and that factor alone can be a very serious danger. Wiper blades should be replaced to ensure that you have the best working blades available. If you’re driving an older vehicle, technology has improved and more efficient offer blades may be available as a replacement.

Do not follow large trucks  closely as they throw up mist and spray which makes visibility worse. Turning on your headlights will also help make your car visible to others. Do not drive out of your vision. In other words if visibility is very limited, your speed should be radically reduced, or even better, you should pull off the road when it is safe to do so in a safe area. Better to arrive later than not at all.

Hydroplaning is also a very serious danger in a thunderstorm. It is helpful to stay in the middle lanes or the higher lane of the highway as water tends to accumulate in the outside or lower level lanes. Increase your safe driving distance and follow the three second rule when driving in the rain.

It is also helpful to drive in the “tracks” of the car in front of you to further reduce the odds of hydroplaning. If you can slow down gradually try to use your foot off the accelerator as opposed to your breaks to slowdown. If you must brake, pump your brakes lightly.

Hydroplaning occurs because three main factors contribute they are:

*  Speed

*  Tire tread depth

*  Depth of water

When the tread of your tire does not make adequate contact with the roadway hydroplaning is a byproduct of that phenomenon. If you find yourself hydroplaning or skidding in a thunderstorm, do not brake or turn suddenly, ease your foot off the gas and slow down gradually. If you skid, remember to turn your steering wheel in the direction of the skid.

For more information on safe driving in the rain click here.

Baumgartner Law Firm    6711 Cypress Creek Parkway     Houston, TX 77069
(281) 587-1111

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If you live in Texas, the answer is we will wait and see. Recently, a bill was presented to the Texas legislature under H. B. 1989 that would permit substituted service of citation through a social media website.

The bill is very concise and provides that a court may permit as a method of service “an electronic communications sent to the defendant through a social media website” provided, the court finds that:

1. The defendant maintains a social media page on the website

2. The profile on the social media page is the profile of the defendant

3. The defendant regularly accesses the social media page account 

4. The defendant could reasonably be expected to receive actual notice if the electronic communication were sent to the defendant’s account.

Courts in other countries have permitted social media service of process and the practice is expected to be embraced sooner or later. Whether that occurs in Texas courts in the near future remains to be seen.

There are many reasons why service by social media may make sense and also several areas of concern. The most important concern on service of process is that the defendant is calculated to actually received notice and the significance of that notice when served with process.

Another area of concern, is the privacy aspect of service of process to a defendant. Is that something that courts want the world to know about on a social media account? Finally, the fact that someone is very active on something like Facebook may also indicate that they are not likely to actually understand they have been served with process. With so much spam out there and many social media users with thousands of “friends”, the potential for obtaining service yet not having the “served” understand it is not a joke or actually even read it is a real one.

Finally, anything that can reduce the cost of litigation to Texas families and consumers should receive serious consideration and balanced against privacy rights and ensuring actual notice in the service of process.

Baumgartner Law Firm  6711 Cypress Creek Parkway, Houston, Tx  77069

(281) 587-1111

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