(December 28, 2022) The United States Supreme Court case Mapp v. Ohio established the historic exclusionary rule, which forbids any evidence collected illegally to be used in court, which is consistent with the fourth amendment that protects against unreasonable search and seizure. However, this rule created a tricky situation for traffic officers. It frequently happened that traffic officers had probable cause to believe that illegal activity was being enabled by automobiles. However, by the time they came back with a warrant to search the vehicle, it was out of their jurisdiction, or the evidence was gone. To combat this problem, the Supreme Court ruled in Carroll v. United States to include an automobile exception to the exclusionary rule that allowed traffic officers to conduct warrantless vehicle searches… if certain conditions were met. So, when can an officer search your vehicle without your consent?
Articles Tagged with Car accidents Texas
Safe Driving Tips for the Back-to-School Season
(August 25, 2022) San Antonio is officially back to school this week. Back to school means busy parents are rushing to drop off their kids before work, and school buses are adding to the already congested construction traffic areas. It’s important during this time that drivers brush up on their back-to-school safe driving techniques. In this article, we’ll look at crash statistics and cover tips for safe driving practices during the school season, as well as what to do if your child has been injured in a school transportation accident.
Did you know?
Hydroplaning and Inclement Weather Driving Safety
(August 23, 2022) The National Weather Service has issued a flash flood warning for San Antonio and the surrounding hill country for the extremely heavy rain we have recently experienced. This rain is expected to stay for the remainder of the week. Driving in the rain comes with many complications and unique dangers that can increase your risk of being in an accident. In this article, we’ll take a look at some safety tips for driving in the rain, as well as the causes of hydroplaning and how to avoid it.
Did you know?
Building a Strong Case in a Texas Car Accident Claim
Sometimes, unexpected things happen while driving, and pulling to the shoulder of the road is your only choice. Staying parked on the shoulder of the road, however, can be dangerous. Cars that drift out of their lanes can collide with your car, or worse, crash into you as you are attending to your vehicle. When these accidents occur, the thought of filing a San Antonio personal injury claim may feel overwhelming. Indeed, the recovery process can be a complex one, and it is crucial that you know what is required in a Texas personal injury claim.
According to a recent news report, two separate car accidents on a major roadway left two drivers dead. On the day of the first accident, a Chevrolet veered from its lane and crashed into an abandoned vehicle sitting on the shoulder of the road. As a result of the crash, two other cars collided and struck the Chevrolet, whose driver was pronounced dead at the scene. The drivers of the other two vehicles were taken to a local hospital, according to authorities. In the second crash, a woman died while she was on the shoulder, trying to repair a tow strap when a car collided with two disabled vehicles where she was standing.
When you are involved in a car accident in Texas, the law requires that you must first file an accident report with the local police department or sheriff’s office within 10 days of the crash, if you are able. In addition, following an accident, the sooner you file a claim with your insurance company, the better. This way, your insurer can investigate and, hopefully, get you the compensation you deserve as soon as possible. If you wait too long, you may be giving up your chance to report the accident and receive coverage for your losses.
A Fatal Accident Caused by Distracted Driving May Result in a Texas Wrongful Death Claim
We’ve all been distracted while driving at some point while navigating our vehicles. Whether it’s exhaustion from a full day of work causing you to doze off or an urgent phone call out of nowhere from the office, we’ve all had a moment where we’ve zoned out while driving. However, not everyone is fortunate enough to emerge from these situations safe and sound. Often, accidents occur as a result of drifting off or distracted driving, and can have enormous, disastrous impacts. When such accidents occur and tragedy strikes, those who cause them can be held responsible for their actions.
In a recent news report, local authorities say that five people were killed, including three young children, in a major vehicle collision in West Texas. The Texas Department of Safety said that a young individual was driving an SUV when it drifted into a lane and collided with a pickup truck. The SUV driver and the pickup truck driver were both killed as a result of the crash, as well as the three children who were riding as passengers in the SUV. Officials say that the crash is still under investigation and that weather conditions were clear.
In Texas, filing a wrongful death claim can be complex. The state defines that such actions can be brought if someone’s “wrongful act, neglect, carelessness, unskillfulness, or default” results in another person’s death. Additionally, only certain parties may bring a wrongful death claim. For example, in Texas, the children, parents, and surviving spouse of the deceased may file such claims. Any number of qualifying parties can file a claim on their own, or they can choose to file all claims collectively. Adult children may also file wrongful death claims over the death of a parent in Texas. However, the law does not permit siblings to pursue wrongful death claims after the loss of a sister or brother.