Townsend Law FirmBeaumont TX Personal Injury Lawyer | Orange Car Accident Attorney2024-03-14T20:46:24Zhttps://www.rodneytownsendlaw.com/feed/atom/WordPressOn Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=478242024-03-14T20:46:24Z2024-03-06T21:46:05ZWhen can a Texas citizen make an arrest?
A citizen can make an arrest in Texas depending on the type of crime involved. A citizen’s arrest is limited to felonies or disturbances of the peace committed in front of the citizen making the arrest.
Misdemeanors don’t qualify for a citizen’s arrest in Texas. If a person commits a misdemeanor and is arrested by a citizen, they can possibly use that part of the law as a criminal defense strategy. This is why citizens should know if the crime being committed is a felony or a misdemeanor before attempting to make a citizen’s arrest.
What does a citizen’s arrest involve?
The person making the arrest must use reasonable force during the capture. If the person making the arrest uses excessive force, they could find themselves facing criminal charges. An example of excessive force is using violence to make an arrest when the person is already compliant.
After making a citizen's arrest, the arresting citizen must take the person to a law enforcement officer. Law enforcement officers include people like police officers, sheriffs and deputy sheriffs, state troopers, U.S. marshals and deputy marshals.
Risks associated with a citizen’s arrest
A citizen’s arrest is generally made when there’s an immediate need for arrest and there’s no law enforcement available. The citizen making the arrest could put themselves in danger if the person being arrested resists. There’s also the possibility of the arresting citizen making a mistake and facing legal consequences.]]>On Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=478222024-01-31T00:09:43Z2024-01-12T00:09:20ZWhat are Miranda Rights?
Many people are familiar with Miranda rights from watching TV and movies. Although many recognize part or entire spiel, many are unaware of its importance. You can find clichés on many shows, but its origin is the Miranda v. Arizona landmark Supreme Court case.
Without Miranda warnings, suspects can't sue police for damages under federal civil rights law, per the Supreme Court. This is regardless of whether or not the police used the evidence against them in a criminal law. Per the court's ruling, the Miranda warning safeguards a constitutional right. However, it is not admissible as a legal defense in criminal cases.
Police custody
Police only need to read you the Miranda Warnings once you're in custody or when they place you under arrest. If you speak to the police voluntarily, it is not clear at which point they should enact the Miranda rights. Regrettably, the court could interpret it as an acknowledgment of guilt for the committed crime.
What to know about Miranda warnings
For safety and compliance with the law, it is essential to understand the nitty-gritty of Miranda Warnings. Police don't read your Miranda warning every time they interact with you. You must be in custody, meaning you're deprived of freedom of action. Therefore, you can't consider routine traffic stops custodial.
Although the police might choose to read your Miranda rights during or before an arrest, it's not mandatory. The law only obligates them to Mirandize you when you are being questioned in custody. When you blurt out a confession during an arrest, it's treated as admissible evidence in court. This is because the interrogation had not yet commenced, although you were in custody.
The Miranda decision helps educate you about your Constitutional rights. Understanding them and knowing when to apply them can be helpful in the event of an arrest.]]>On Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=478192023-11-13T23:43:55Z2023-11-13T23:43:55ZWhere are the dangerous roads?
The deadliest stretch of road in Texas is on Interstate 10 from Exit 855A to Exit 849 in Beaumont. The next most dangerous is Interstate 35 from Exit 238B to Exit 244, followed by Exit 235B to Exit 229 on the same highway. Both are in Austin. Interstate 20 in Forest Hill, Arlington and Fort Worth from Exit 443 to Exit 439 is in fourth place.
In addition to determining the deadliest Texas roads, this MoneyGeek study also examined the causes behind motor vehicle accidents on these highways to determine how driving under the influence, distracted driving, speed and time of year contributed to fatal crashes. The study also determined the deadliest road in each Texas county.
Upon concluding the study, there were some interesting key findings. Speeding contributed to 31.3% of accidents, making it the highest contributing factor. Drunk driving represented the second highest factor at 24.3%. The most fatal accidents occurred in October, followed by November and December. Harris County had the most deadly crashes, particularly on Interstate 45.
Negligence causes most deadly accidents
Extensive accidents can cause catastrophic injuries for passengers who don't die. When these mishaps occur, the personal injuries that victims suffer can take months or even years to resolve. Sometimes, victims sustain injuries that leave them temporarily or permanently disabled. In catastrophic cases, insurance payments often aren't enough to cover expenses resulting from the accidents. In addition, insurance companies often try to lowball payments, hoping victims will settle quickly.
If you or a loved one have suffered catastrophic injuries on a dangerous highway or anywhere else in Texas, you may be able to file a compensation claim. You can use the money to pay for medical and living costs, lost wages and more. You may also file a lawsuit on behalf of someone who has died.]]>On Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=478172023-09-12T02:52:32Z2023-09-12T02:52:32ZGeneral timeline for insurance claims
Following motor vehicle accidents, insurance companies generally have 30 days to investigate a claim. Texas law requires insurance companies to settle claims within 35 days after one is filed. There are also specific time frames to acknowledge the claim and whether to accept it before paying.
However, some claims can take longer to process and settle, particularly if the accident is complex or severe injuries result. Poor communication between the driver, the insurance company and the claims adjuster can also affect receiving a payout. If delays occur, your insurance company must also tell you the reason for the delay.
For accidents with multiple severe injuries requiring extensive medical treatment followed by rehabilitation, an insurance settlement may not be enough. In instances where such expenses run into the hundreds of thousands or even millions of dollars, victims can file a legal claim in court to receive compensation for injuries.
Relieving stress after accident injuries
Those impacted by motor vehicle accidents have a lot to consider following the mishap. Sometimes, insurance companies will try to lowball settlements, claiming that you were partially at fault for the accident. Another common tactic is getting victims to settle early. However, some injuries don't manifest themselves until months after the incident. The financial consequences also aren't readily apparent in the weeks immediately after the accident. It's important to take the time to evaluate any settlement offer to ensure it is fair.
If you determine that you need to file a claim in court to cover your expenses, you must file that claim within the Texas statute of limitations, which is two years from the date of the accident. Victims can use money from successful claims to pay for living expenses, lost wages and more in addition to medical treatments.]]>On Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=477932023-07-31T19:17:57Z2023-07-13T19:17:37ZDefine your goals and objectives
Estate planning without setting objectives is almost as pointless as not doing it at all. Consider what you want to achieve with your estate plan, such as providing for your family, minimizing taxes or supporting charitable organizations.
Take stock of your assets and liabilities
Make a comprehensive list of your assets, including bank accounts, investments, real estate, retirement accounts and other types of property. Also, consider any outstanding debts or liabilities you may need to settle.
Choose a trusted executor or trustee
Selecting a reliable executor or trustee is crucial for the successful administration of your estate. This person will be responsible for carrying out your wishes and managing your assets after your passing.
Create a will
A will is a legal document that outlines how your assets will be distributed upon your death. It allows you to name beneficiaries, designate guardians for minor children and specify any special instructions for the distribution of your assets.
Establish a power of attorney
A power of attorney grants someone the authority to make financial or healthcare decisions on your behalf in case you become incapacitated. Choose someone you trust implicitly to act in your best interest.
Consider establishing trusts
Trusts can be useful tools for managing and distributing your assets. They can help minimize estate taxes, protect assets from creditors and cover special circumstances, such as providing for minor children or individuals with special needs.
Review beneficiary designations
Ensure that your beneficiary designations on retirement accounts, life insurance policies and other assets are up to date. These designations override any instructions in your will, so it's crucial to review and update them periodically.
Evaluate tax implications
Consider the potential estate and gift tax implications of your estate plan. Identifying strategies to minimize tax liabilities and maximize the value of your estate can be beneficial to this end.
Regularly review and update your plan
Life is ever-changing, so it's essential to review and update your estate plan regularly. Major life events like marriage, divorce, the birth of a child or the death of a loved one may necessitate revisions to your plan.
Don't put it off
While the process may require some time and effort, the peace of mind you get with knowing your assets and loved ones have the proper protection makes it well worth it. By following a few clear-cut steps, you can create a comprehensive estate plan that secures your legacy.]]>On Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=477872023-05-11T16:07:28Z2023-05-10T16:07:12ZEliminates uncertainties
One of the cornerstones of estate planning is to clarify how you want your assets distributed after your death. You could leave everything to a surviving spouse or name beneficiaries for individual items of monetary or sentimental value. Whichever way you choose, you can save future heartaches and disappointments by sharing your will's contents, answering questions and perhaps revising it for the sake of some loved ones who might feel slighted.
Provides for guardianship
If you have minor children, you should name a legal guardian for them in your will in case your spouse dies before you. Otherwise, the probate judge decides on your offspring's future guardian, which is a situation most parents would not want. Protect your family and designate someone to care for your children when you pass.
Clarifies end-of-life wishes
One of the most agonizing decisions anyone has to make is when to "pull the plug" on a terminally ill, uncommunicative family member. If you prefer not to have medical intervention keep you alive if you are brain dead, make those wishes known in an Advance Health Care Directive. It might be an uncomfortable topic, but it is a critical component of estate planning.
A good estate plan helps ensure that your trusted executor carries out your wishes after you pass. Keep your will, a contact list of beneficiaries and essential financial papers in a safe deposit box or a known place in your home.]]>On Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=477842023-03-05T18:24:47Z2023-03-05T18:24:47Z"I haven't been drinking"
If you have been drinking, it's never a good idea to lie to the police. Denying that you have been drinking when you have could make things worse for you in the criminal defense process.
"I only had one drink"
Minimizing your alcohol consumption may seem like a good idea, but it can also work against you. Police officers are trained to look for signs of impairment, and if they suspect you are under the influence, they will conduct further testing.
"I can't believe you pulled me over"
Arguing with the police officer is never a good idea. It's important to remain calm and respectful, even if you disagree with the reason for the stop.
"I know my rights"
While it's important to know your rights, it's not helpful to be confrontational with the police. Cooperating with the police and following their instructions can help you avoid further legal complications.
"I'll pass the breathalyzer test"
Attempting to bribe or negotiate with the police is illegal and can worsen your situation. It's best to follow their instructions and take the required tests.
"I want my lawyer"
Asking for a lawyer can be interpreted as an admission of guilt. While you have the right to an attorney, it's best to cooperate with the police and seek legal counsel later.
"I'm sorry"
While it's essential to be polite and respectful, apologizing can be seen as an admission of guilt. It's best to remain neutral and avoid making statements that could be used against you later.
Protecting your rights during a drunk driving stop
Be careful about what you say to the police during a drunk driving stop. Cooperating with the police, following their instructions and avoiding making incriminating statements can help protect your legal rights and avoid further complications.]]>On Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=477832023-01-09T20:54:18Z2023-01-09T20:54:18ZNot getting medical attention
Failing to get medical attention after a pedestrian accident may make it harder to prove that there is a link between the accident and your injuries. Unless you can show that the crash was the proximate cause of a concussion, broken bones or muscle tears, it may be difficult to obtain a financial award.
Not reporting the accident
Reporting the accident will likely result in the generation of a police report or other documents that can help to establish that the incident occurred. A report may outline who was involved, the events that led up the collision and provide other details that may be helpful in obtaining a favorable outcome in your case.
Not getting details from others
Driver or witness statements may help to corroborate your version of events during settlement talks or at trial. It's possible that the driver who caused the crash may admit to being responsible for your injuries while talking to police or to that person's insurance company.
If you are hurt in a pedestrian accident, you may receive money for hospital bills, lost wages or other damages. Seeking medical care, getting witness statements and reporting the incident in a timely manner may make it easier to prove that it was caused by the defendant's negligence.]]>On Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=477592022-11-03T01:53:32Z2022-11-03T01:53:32ZTexas laws on motorcycle accident claims
Texas is a "fault" state when it comes to motor vehicle accidents. This means the driver who caused the accident (or their insurance company) is responsible for paying for any damages and injuries that result from the accident.
However, Texas also has a law known as the "modified comparative negligence" rule. This rule says that if you are partially at fault for an accident, the court will reduce your compensation by an amount equal to your percentage of fault.
For example, let's say you get into a motorcycle accident while not wearing a helmet. If the other driver was speeding and ran a red light, they'll clearly be at fault for the accident. However, because you were not wearing a helmet, the jury may find that you are 20% at fault for the accident. Hence the compensation you'll receive will be 20% less.
If the accident occurred between two motorcycle drivers not wearing helmets, Texas law presumes each of them to be 50% at fault for the accident. However, one can challenge this presumption if the other driver was more negligent or reckless, like riding while under the influence of alcohol.
Insurance claims and compensations when not wearing a helmet
If you have insurance, your own policy may cover damages from the accident up to your limit, even if you were not wearing a helmet. In Texas, insurance companies are not allowed to cancel or non-renew your policy just because you were not wearing a helmet at the time of an accident.
If the other driver was at fault for the accident, they should pay for all your damages, including any medical bills and lost wages. If they try to deny your claim or offer a low settlement, you can always appeal or file a lawsuit.]]>On Behalf of Townsend Law Firmhttps://www.rodneytownsendlaw.com/?p=477572022-09-01T00:11:35Z2022-09-01T00:11:35ZIt's important to know the driver who first acted negligently
For example, if one driver rear-ends another, it's usually because they were following too closely and didn't leave enough space to brake safely. If you're not sure who acted first, look for skid marks on the road. These can help you determine who was going too fast or following too closely.
If one driver rear-ends another, it's usually because they were following too closely and didn't leave enough space to brake safely.
There may be more than one liable party
In some cases, there may be more than one driver at fault. For example, if two drivers ran a red light and collided, both would be at fault. Additionally, if a driver hits a pedestrian who was crossing the street illegally, both the driver and the pedestrian may be at fault. In many cases, how much each party is at fault will be determined by the court.
All parties involved may not be at fault
In some motor vehicle accidents, one or more drivers may not be at fault. For example, if a driver hits a deer that ran into the road and then collides with another car, the driver who hit the deer would not be at fault. In these cases, it's important to have a police report that documents what happened.
Your insurance company may help you determine fault
After an accident, your insurance company will likely investigate the circumstances to determine who is at fault. In some cases, they may even hire a private investigator. If you have any questions about their determination, you can always ask for a copy of their report.
It's also important to note that in many states, drivers are typically required to have insurance that covers them in the event of an accident regardless of who is at fault. So, even if you are partially responsible for an accident, you may still be able to file a claim with your insurance company.]]>