Tornadoes and Severe Weather Damage Waco area

According to local news reports golf-ball sized hail, torrential rains, strong winds, and tornadoes pounded Waco, Texas and surrounding areas including Lacy Lakeview, Mart, and China Spring on Tuesday evening.

Here is a link to a Tornado Safety Guide published by the National Weather Service which includes a discussion on how to recognize the signs of a tornado before it's too late to react.

If you or a loved one have been affected by severe weather you may want to consider following these steps (most of which are adapted from the Tornado Safety Guide) which are essentially the same as those for persons involved in car crashes:

1. Safety First.  Always make sure you and your family are safe. If you are in a secure building remain inside in an interior room away from windows until you can confirm that it is safe to leave your shelter.   If you or a loved one is injured seek immediate medical attention. Watch for power lines -they may still be carrying high voltage, and be mindful for broken glass and debris on the ground. Do not use matches or lighters because they may spark natural gas that is in the air from ruptured lines.

2. Wait for Emergency Personnel to Arrive. In Waco or McLennan County you may find information about emergency services here.

3.  Document any Damage to Your Property.  If you are able you will want to start securing your personal property and your home to prevent further damage and documenting what property is damaged.

4. Contact Your Insurance.  As soon as you are able contact your insurance company.  During severe weather situations insurance companies often get over-whelmed with phone calls and claims which means that any delay in presenting your claim may delay any necessary repairs.  Unfortunately, some insurance companies do not always agree to cover all of the damage that is caused by severe weather.  Sometimes this is due to a limit or exclusion in the policy and sometimes it is due to an insurance company acting in bad faith.  If you have questions about how your insurance company is handling your claim you should consider contacting a trial attorney who specializes in consumer and insurance law.

Toyota Recalls 308,000 Highlanders and RAV4s

According to a recent New York Times article by Christopher Jensen and recent filings with the National Highway Transportation Safety Administration (NHTSA) Toyota will recall nearly 308,000 Highlanders and RAV4s due to defects in the curtain shield airbag system.  According to the summary on file with the NHTSA, if the two sensors in the airbag sensor assembly fail nearly simultaneously the curtain shield airbag could deploy and the seatbelt pretensioner can activate which could injure an occupant. Toyota's recall covers about 214,000 RAV4s from the 2007-8 model years and 94,000 Highlander and Highlander hybrids from 2008.  Affected owners can call Totyota at 1-800-331-4331, or the NHTSA vehicle safety hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov. for more information.

If you have been injured by a defective Toyota Highlander or RAV4 airbag you should consider contacting a personal injury trial attorney to investigate this matter further and to help you determine what rights you may have to hold Toyota responsible.

Dog Attacks in Texas

According to the Center for Disease Control (CDC) 4.5 million Americans are bitten by dogs each year, with one in five bites requiring medical attention.  Out of those attacked every year, children between the ages of 5 and 9 are the most at risk.

The CDC recommends that parents teach their children the following basic safety tips and review them regularly:

• Do not approach an unfamiliar dog
• Do not run from a dog or scream
• Remain motionless (e.g. "be still like a tree") when approached by an unfamiliar dog
• If knocked over by a dog, roll into a ball and lie still (e.g. "be still like a log").
• Do not play with a dog unless supervised by an adult
• Immediately report stray dogs or dogs displaying unusual behavior to an adult
• Avoid direct eye contact with a dog
• Do not disturb a dog that is sleeping, eating, or caring for puppies
• Do not pet a dog without allowing it to see and sniff you first
• If bitten, immediately report the bite to an adult

Unfortunately, even if you or your child takes every precaution around a dog there are some dog owners who fail to control their dogs and fail to warn others away from their dogs.  In Texas a dog owner can be charged with a third degree felony if their dog attacks someone and they had reason to know that the dog may attack. See Texas Health and Safety Code Sec. 822.005.

If you or a loved one has been attacked by a dog, you owe it to yourself and your community to report the attack to the authorities and to consider hiring a personal injury trial attorney to help you hold the dog owner responsible.

Car Insurance: Are You Covered?

In most states, including Texas, it is mandatory for drivers to be insured for car accidents they cause (referred to as minimum liability coverage).   However, most drivers' experiences confirm the necessity of having additional insurance coverages to not only protect themselves from being sued for accidents they cause, but also to avoid paying out-of-pocket when a driver who caused an accident either had no insurance or insufficient insurance to cover their injuries and damages.

In Texas there are actually 8 different types of auto insurance coverages you can purchase, each with different limits of coverages.  In fact, the Texas legislature has deemed Personal Injury Protection and Uninsured/Underinsured Motorist coverages so important that if a consumer does not want those types of coverage the consumer must specifically reject those coverages in writing.

It is not only important for you to be familiar with the types of coverage you have purchased and their limits, but also to be familiar with the coverages you have rejected, as well as any endorsements and exclusions which further limit your coverage.

In addition to basic liability coverage, most drivers should consider purchasing the following types of insurance:

1. Medical Payments Coverage

What it pays: Your medical and funeral bills resulting from accidents, including those in which the other person is a pedestrian or bicyclist.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the accident.

2. Personal Injury Protection (PIP) Coverage

What it pays: Same as medical payments coverage, plus 80 percent of lost income and the cost of hiring a caregiver for an injured person.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the accident.

An insurance company must offer you $2,500 in PIP, but you can buy more. If you don’t want PIP, you must reject it in writing.

3. Uninsured/Underinsured Motorist (UM/UIM) Coverage

What it pays: Your expenses from an accident caused by an uninsured motorist or a motorist who did not have enough insurance to cover your bills, up to your policy’s dollar limits. Also pays for accidents caused by a hit-and-run driver if you reported the accident promptly to police.

• Bodily injury UM/UIM pays without deductibles for medical bills, lost wages, pain and suffering, disfigurement, and permanent or partial disability.
• Property damage UM/UIM pays for auto repairs, a rental car, and damage to items in your car. There is an automatic $250 deductible, which means you must pay the first $250 of the repairs yourself.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

Insurers must offer UM/UIM coverage. If you don’t want it, you must reject it in writing.

4. Collision (Damage to Your Car) Coverage (If you still owe money on your car, your lender will require you to maintain collision and comprehensive coverages.)

What it pays: The cost of repairing or replacing your car after an accident. Payment is limited to your car’s actual cash value, minus your deductible. Actual cash value is the market value of a car like yours without damages.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

5. Comprehensive (Physical Damage Other than Collision) Coverage

What it pays: The cost of replacing or repairing your car if it is stolen or damaged by fire, vandalism, hail, or a cause other than a collision. Comprehensive coverage also pays for a rental car or other temporary transportation if your car is stolen. Your policy won’t pay for an auto theft unless you report it to police. Payment is limited to your car’s actual cash value, minus your deductible.

If you still owe money on your car, your lender will require you to have collision and comprehensive coverage.

Description of Insurance coverages from the Texas Department of Insurance

Distracted Driving > Drunk Driving

According to a study by the University of Utah's Applied Cognition Lab using a cell phone while driving, whether it’s hand-held or hands-free, delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.


Please be mindful of the rules of the road, and consider following a "no-cell phone while driving" rule, as it will hopefully be the law very soon in most states. You can start by changing your voice-mail greeting to include as part of your message that you may not be answering the phone because you're driving.