he phrase “family violence” is defined by the Texas Family Code as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or a threat that reasonably places the member in fear of imminent physical harm. The phrase includes various types of sexual misconduct by a member of the family or household towards a child of the family or household. It also includes dating violence between individuals who have or have had a continuing relationship of a romantic or intimate nature. 

This phrase is not meant to include defensive measures to protect oneself. 

The term “family” in the phrase refers to individuals related by consanguinity (blood) or affinity (marriage or former marriage), biological parents of the same child, foster children, foster parents, and members or former members of the same household (including roommates).

What do I do if I or a family member becomes a victim of family violence?

The first thing you should do is immediatelycall 911 to request emergency medical services, if needed, and to report the crime to law enforcement.  The sooner the police arrive, the better they will be able to investigate the crime scene and collect important evidence which must be preserved for trial, such as taking fresh photos of any injuries that you may have suffered. 

How can I protect myself in the future?

If you are the victim of family violence, you will probably qualify for either a Protective Order, or a Restraining Order. They are both similar in that they are court orders designed to give you protection from future violent attacks. There are important differences, however.

The most important difference between the two involves the penalties imposed upon the perpetrator if he/she violates the order. In a Protective Order, the perpetrator can face serious criminal charges and go to jail if he/she is proven to have violated the terms of the order. The perpetrator can go to jail with a Restraining Order as well, but generally that does not happen since the violation of a Restraining Order is not considered a criminal offense. 

For this reason a Protective Order is typically used following an episode of family violence that is reported to the police; whereas a Restraining Order is more commonly used in divorces, child custody actions, and other civil litigation where you may be afraid the other party may do you physical harm or damage your property. With either remedy, you must expect to go to court in order to obtain the necessary protection. 

Oftentimes you can get a Protective Order at no cost by working with the victim assistance services offered by your local law enforcement agency. They will direct you to a Family Crisis Center (or similar organization) if there is one found in your community. That organization can help guide you through this legal process. You can also acquire a Protective Order or a Restraining Order by contacting an experienced private attorney who practices in family law and criminal law. 

Bigham Law Firm

Bigham Law Firm offers free consultations regarding criminal and family law issues. Our number is (979) 743-4153. We can also be reached through our website at www.bighamlawfirm.com 

The following information was all gained from an article published in this week’s issue of The Houston Chronicle, titled “Turn Toward Safety.” 

 Monday, June 10, was proclaimed Lesha Adams Day in Houston, by Mayor Sylvester Turner, in honor of her selfless activity within the community. Sadly, Lesha Adams was killed on March 30 in the Heights area of Houston. “ Adams had been driving home with her daughters when she saw a man in a wheelchair trying to cross the street and she stopped to help. Both she and the man, Jesús Pérez, were struck and killed by a passing car” the article states. 

The incident ignited a reaction from the city of Houston. Mayor Turner pledged to join the Vision Zero Initiative, “a program that seeks to end traffic fatalities and injuries on the nation’s streets by 2030. This kind of action has been needed for a long time throughout the entire state of Texas, which ranks as number one in the nation for traffic fatalities, according to a Chronicle analysis. Texas is long overdue for changes to how it approaches mass transportation, and the safer steps are finally being taken. 

Recently, “the Texas Transportation Commission directed the Texas Department of Transportation to develop strategies to cut the almost 4,000 annual deaths on the state’s roads by half in 15 years and to zero by 2050.” To make this happen, roads will have to be redesigned, safety will have to be prioritized and efforts to eliminate distracted driving and speeding will have to be put into effect. 

The responsibility falls on us as citizens as well as the state. As stated by the Chronicle, “drivers need to wake up to the fact that we’ve grown numb to the amount of carnage on our streets and take some responsibility.” We can all make a difference and join in on this movement for safer roads. It starts with slowing down, following the traffic laws, using turn signals and putting our mobile devices away when we drive. 

We have all seen the countless slogans and advertisement campaigns saying we should not drink and drive, but with information flooding our screens and minds, it might desensitize us to how important these messages can really be. Being charged with a DWI can be devastating for somebody and their family. Here is what you could be facing if you are found guilty of DWI:

• FIRST OFFENSE

Up to a $2,000 fine

72 hours to 6 months in jail

Driver’s license suspension: 90 days to 1 year

• SECOND OFFENSE

Up to $4,000 fine

30 days to 1 year in jail

Driver’s license suspension: 6 months to 2 years

• THIRD OFFENSE

Up to a $10,000 fine

2 to 10 years in penitentiary

Driver’s license suspension: 6 months to 2 years

 As we have learned from representing our clients, not everyone charged with DWI is actually guilty. If you, or somebody you know, is charged with DWI, it is imperative that you have legal representation.

https://bighamlawfirm.com/

(979) 743-4153

Recently, Texas Bar Journal released an article by Jerome O. Fjeld containing valuable information for everybody to know when it comes to being involved in a car accident and dealing with insurance companies. Even though being involved in a car accident can be extremely traumatic for anybody, insurance companies can take advantage of those who do not immediately start the process of documentation. The first 24 hours after an accident can prove to be vital to proving your case, and ensuring you are fairly compensated for your bodily injuries and damages to your vehicle. 

Notes and Police Reports

· Write down everything that happened before and during the accident, taking note of weather conditions, road conditions and anything else that may have played a hand in an accident. 

· Exchange insurance information with the other driver and write down any contact information for witnesses, as well as notes from conversations. 

· Take detailed photos of the scene and any injuries, and take A LOT of photos. 

· Seek medical attention immediately. Insurance companies prey on claimants who delay treatment. 

· Call the police for a report, even if the accident seems like a minor one. Insurers will hold it against you if you try to file claim without a police report

Comparative Negligence

In Texas, we have a comparative negligence law. This means that damages are reduced by the amount that the injured party contributed to the accident. If the injured party is determined 51% or more responsible, no damages are paid at all. 

This makes even simple cases difficult because both insurance companies involved are trying to raise the other party’s at-fault percentage, so victims are forced to either self-advocate, or consult with an experienced attorney who can advocate on their behalf.

Statute of Limitations

The Statute of Limitations states how long a victim has to file a lawsuit. In Texas, the statute of limitations on car accidents, motorcycle accidents, truck accidents and bicycle accidents is two years from the date of the accident. 

Legal Advice

It is always in your best interest to speak with an experienced car accident attorney. The seemingly simplest claims can be affected by allegations of fault or the damages and injuries turning out more expensive than first expected. An aggressive attorney will be able to accurately assess the case and determine quickly how to go about getting reasonable compensation, as well as negotiate, on your behalf, with insurance companies.

We all know that small, or gigantic, feeling of fear when driving next to an 18 wheeler, or when pulling into the middle lane and two 18 wheelers are on either side. One could argue it is simply common sense that gives us the feeling that we need to get away from them as soon as possible. It is also good to know why 18 wheelers pose so much danger on the road, and how you can go about seeking compensation in the unfortunate event that you are involved in an accident with a “big rig.”

SIZE

The weight of these vehicles is one of the biggest factors in making them something to avoid. 18 wheelers can weigh up to 80,000 pounds, while the average passenger car weighs about 3,500 pounds. They are also much longer than the average vehicle. This can make passing them difficult, especially on one-way roads. Also, they need much more space to brake in traffic. It is important to make sure you leave a very generous amount of space between yourself and a semi-truck on the road.

BLIND SPOTS

The larger the truck, the larger its blind spots will be. An 18 wheeler will have blind spots on both sides of the vehicle, and in the front and rear. Accidents are caused by these blind spots frequently and it is important to know how to avoid this catastrophe. Always turn your blinker on early when passing an 18 wheeler to make sure the driver knows what you are about to do. Also, never try to swerve around one of these vehicles quickly. Truck drivers have to react quickly in certain situations, just like everybody else, and you do not want to be in their blind spot when this happens.

FATIGUE

Truck drivers spend long hours, and sometimes days, on the road. It is important to be aware of this and exercise caution and patience any time you are on the road with 18 wheelers.

HAVE YOU BEEN INJURED IN AN ACCIDENT CAUSED BY AN 18 WHEELER? 

Ken Bigham Jr. has been fighting for accident victims for decades, and he is eager to represent his fellow common man in their struggle with large companies and biased courts. Visit https://bighamlawfirm.com/personal-injury or contact us at (979) 743-4153 to set up a free consultation and avoid as much pain as possible in what can be an emotionally, physically and financially taxing situation.