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28May 2021

Texas is among several states with zero tolerance laws. This means any person under the age of 21 found to have a blood alcohol concentration (BAC) higher than zero, is charged with a DUI. These zero tolerance laws also apply to those over the age of 21. Texas drivers know that they are considered legally drunk if they drive and they have a BAC of 0.08 percent or higher. However, it is possible to be arrested for DWI when your BAC is under 0.08 percent, which is often the case with an alcoholic hangover. Situations where an officer could justifiably make a DWI arrest without testing for an over-the-limit BAC level include not using the normal level of mental faculties behind the wheel, on the fence BAC tests and compromised physical faculties, which means a safety first policy is optimal to comply with zero-tolerance protocols.

Mental Faculties

If an officer finds a driver is noticeably impaired, they can arrest that driver no matter what their actual or tested BAC level is. Reckless driving such as tailgating, speeding or speeding through turns are all noticeable indicators of possible impairment. Thus, someone with a hangover could be arrested for displaying any of these reckless driving habits. Their BAC level may not be at the legal limit, but the officer can still rightfully arrest them because of their lack of normal faculties behind the wheel

BAC Tests

From the perspective of Texas law enforcement agents, a lower BAC test of under 0.08 percent to 0.04 percent is questionable. Commercial drivers are held to a higher standard and can be pulled over and arrested for an on-the-fence reading of as low as 0.04 percent.

Physical Faculties

Driving home with a hangover may be just as dangerous as driving after too many glasses of alcohol, according to a sobering study. A team of Dutch researchers found that “the magnitude of driving impairment during alcohol hangover is comparable to a BAC between 0.05 and 0.08 %, i.e., over the legal limit for driving in many countries.” Analysis of the data showed that with a hangover, drivers showed the same pattern of weaving in and out of their lane as drivers who were over the legal BAC limit.

Safety First

Several factors affect the amount of time it may take the body to eliminate alcohol including alcohol concentration of particular beverages and absorption rate affected by the amount of food in the stomach. Such factors may cause alcohol to linger in the body for a longer period of time than anticipated. When a designated driver is unavailable, drunk individuals may choose to rideshare home only to return the next day to pick up their vehicle and drive it home. Although the scenario may seem safe, there are various alternatives available in order to avoid the potential dangers of driving with a hangover.

  1. Make transportation plans before going out;
  2. Designate a sober driver;
  3. Wait it out or have someone else pick up your vehicle.

Zero Tolerance

These are all situations where you could have been arrested for DWI even though your BAC level was under the legal limit. Do you need help challenging your charges? Get the professional help of The Hadi Law Firm. If you were arrested for DWI and your BAC was under 0.08, contact us and we will help you keep your Texas driver’s license from automatic suspension. Our Houston DWI defense attorney offers free case evaluations. For immediate assistance, give us a call now to address your case.

27May 2021

Every state in the United States has some form of the Move Over Law. Although the stipulations of the law may vary by state, the main goal remains the same: to safeguard emergency personnel and others from collisions when responding to jobs on the side of the road. Understanding and obeying the Move Over Law in Texas are requirements if you wish to avoid fines and penalties. The Texas Move Over/Slow Down law, which went into effect in 2003, requires that drivers move over or slow down when passing vehicles — including police, EMS, fire, TxDOT, or tow trucks – that are stopped on the side of the road with the emergency lights on.

According to Texas law, a driver must:

  • Vacate the lane closest to the applicable vehicles stopped on the side of the road (if the road has multiple lanes traveling in the same direction) or
  • Vacate the lane closest to the applicable vehicles stopped on the side of the road (if the road has multiple lanes traveling in the same direction) or
  • Slow down to 20 mph below the speed limit. (If the speed limit is below 25 mph, the driver must slow down to 5 mph)

Violators can face the following consequences:

  • Up to $200 for not following the law
  • $500 if the violation results in property damage
  • Charge of a Class B misdemeanor that could result in jail time or a fine up to $2,000

As a Texas driver, it’s your duty to obey the Move Over Law. This means you must slow down and/or switch lanes to give certain vehicles plenty of room when on official duty. If you see flashing lights on the side of the road, it’s wise to move over a lane or slow down to enhance the safety of any employees present. Moving over can reduce the risk of serious and fatal injuries to roadside workers, who could otherwise lose their lives if drivers aren’t paying enough attention and driving too close to parked vehicles.

Several times in the last several years, DPS and other police agencies in Texas have chosen to crack down on this law, and more crackdowns are planned for the future. First responders risk their lives every day and, like every other worker in Texas, they have the right to the safest possible workplace. This includes police, fire, EMTs, and even tow truck drivers and trash collectors, where high stress is a major part of the job. And when they have to work in traffic, that stress can spike even higher than usual. So while they do their best to keep an eye on the other drivers on the road, there is a lot to worry about, and mistakes can be made.

An update to the law which officially took effect on Sept. 1, 2019 adds utility service vehicles to the list of vehicles for which all other drivers must either move one lane to the left or slow down to a minimum speed when passing. The Texas legislature added these vehicles to the list of vehicles entitled to protection after safety issues were identified during the extensive restoration work needed after Hurricane Harvey in 2017.

According to the Department of Public Safety (DPS), in 2017, more than 10,650 warnings and citations were issued to drivers who violated the Move Over/Slow Down law. However, in 2018, DPS issued more than 35,000 warnings and citations just through October of that year. Given the number of vehicle crashes that occur every day across the state, and the number of tickets and warnings that are still being issued due to violation of this law, too many Texans are either unaware of the law or choose to ignore it.

While a Move Over/Slow Down violation can seem minor, it can cause significant repercussions in the event of an accident. If you are involved in a collision and cited for a Move Over/Slow Down violation, it will be particularly challenging to deny liability. If the other party can prove the accident would not have occurred if not for your negligence, then you will most likely be held responsible for the crash. Under Texas’ rule of comparative fault, you cannot recover compensation after an accident if you are found 51% or more at fault.

Many times, factors like weather or traffic may prevent you from being able to safely move a lane away from vehicles parked on the side of the road. This has long posed a problem, as the specifics about what a driver should do in this scenario aren’t directly addressed. If you can prove that you were unable to move over or slow down, it may limit your liability for an accident.

If you or someone you love has been injured in a car accident that involved the Move Over/Slow Down law in Texas, call the Hadi Law Firm. Our Houston car accident lawyer is here to help and fight for the compensation you deserve. Reach us online to schedule your free consultation.

19May 2021

Thousands of vehicles are damaged each year in traffic accidents. The cost of repairs can sometimes be astronomical. Even after you repair your vehicle the value of your vehicle dramatically drops. The only way to recoup those losses would be through what is known as a diminished value claim.

The term diminished value is any form of monetary value that was lost from your vehicle after an accident even after it has been repaired. The diminished value of a vehicle is the difference between the price of the vehicle after repairs and the price you would sell it if there had been no accident or damages. This value is considered a loss and can be added to the settlement claim.

Even after your car is repaired perfectly it would not hold its original value. In most cases, vehicles that have been in an accident will have some form of diminished value or “depreciated value”.

Insurance claims adjusters will do everything to manipulate, frustrate or stall claimants especially if they know that you still don’t have a personal injury attorney to process your settlement. Diminished value is not something insurance companies account for in their payouts after an accident and will never mention it to their customers. They will usually argue that proper repairs will return full value to the vehicle but the accident itself will always be present in the vehicle’s history which affects the vehicle’s resale value.

The 3 types of diminished value


1. Repair related diminished value
Cost for any flaws related to the substandard quality repair of the vehicle. This includes cosmetic or visual imperfections such as misaligned doors, dings, wrong color match or mechanical repair flaws that fail to bring the vehicle to its standard operation. Some examples of mechanical repair flaws are difficulty in steering, electrical problems and more. The use of generic parts rather than OEM parts also lower the value of the car.

2. Claim related diminished value
Cost for when insurance companies deny you of certain types of repair or parts necessary to restore your vehicle to perfect working condition.

3. Inherent diminished value
Cost for lost value in the resale market due to the accident. Nowadays, it’s easier for people to know the history of the vehicle they are planning to buy just by searching it on the internet. This means, even if it was only minor damage, the resale value can now be easily affected and potential customers would rather opt for cars without any accident history.

According to Texas state law, you are entitled to file an insurance claim for diminished value within 2 years from the date of your loss if you were the not-at-fault party in a car accident. Once you have filed your claim, you will need to prove that your vehicle has lost a specific amount of value. Your insurance company will need to pay for the diminished value of your vehicle.

If you want to know the true market value of your vehicle, you will need a professional automobile appraiser to determine the diminished value for your claim. They are able to take into account the full history of the vehicle and provide you with an expert opinion on the vehicle’s value that you can then present to insurance companies.

To solidify your claim, you must remember to keep receipts, estimates and other documents from the shop that did repairs on your vehicle.

All vehicles are different and the diminished value will also vary depending on the make, model and other factors that influence the calculation of your vehicle’s diminished value such as:

  • Prior accident history
  • The vehicle’s condition before the accident
  • Mileage of the vehicle
  • Age of the vehicle
  • Undamaged value of the vehicle
  • Marketplace demand
Sure, it may seem easy to calculate the diminished value but without legal support, it may be difficult for you to convince the adjusters of your claim compared to having an attorney experienced with car accident claims to properly calculate and battle it out for you.

It’s your right to protect your investment. Contact The Hadi Law firm and we will be glad to assist you with your diminished value claim.

27Nov 2020

Calculating the claim value of your physical injury can sometimes be as easy as just calculating your medical bills. But in most cases, personal injury cases are never so simple. Calculating the cost of your pain and suffering can be a great deal more complicated.

Pain and suffering can be the emotional trauma or physical pain following an accident or an injury, which otherwise would not have occurred. Pain and suffering are neglected in cases often as most victims may focus only on the physical injury itself. Compensation for pain and suffering is a key factor in your compensation and road to recovery.

There isn’t always a perfect road map to establish the cost of your pain and suffering in your claim but you can use the list below for some guidance on how to substantiate your claim.

  • Documentation of any and all medical visits which include counseling/therapy.
  • Documentation by either a counselor, medical professional, or therapist establishing the after-effects following the injury and how it will serve to be a hindrance in your everyday life.
  • 3rd Party reviewal of the above documentation to further corroborate the significance of the damages.
  • Testimonials by colleagues, co-workers, friends, and family to shed further insight on the extent of your injury and how it changed you and your daily routines.
  • Documentation and journaling by you which establishes the pain you are feeling, the effects on your mental well being, and how it has affected your day to day routine.

Documentation may help you in your personal injury case as it creates a clear and factual depiction of what you are truly experiencing and is not just hearsay. Though it may seem like a tough task, it is crucial for you to gather and acquire as much documentation as possible.

Following the above step taken on your behalf, you may be wondering, how the following is then calculated. Although there is no set formula, we can establish some of the many variables that get factored in to establish the monetary value of pain and suffering damages:

  • Level of negligence shown by the defendant in the event of an accident/case.
  • The severity of injuries experienced by the victim.
  • Impact on the emotional/mental being of the victim due to the accident/injury.
  • Affect on employment and the ability of you to perform tasks of employment.
  • Recovery time for the injury and limitations caused by it.

All personal injury cases are different and the above should is only to help better understand personal injury cases. It is always recommended to hire a seasoned personal injury lawyer.

If you or someone you know has been injured in an accident of any kind and has suffered the after-effects of pain and suffering, call our Hadi Law Firm Office at (832) 433-7977 to have a representative assist you immediately. Our experienced personal injury lawyers are ready to fight for you and the justice you deserve.

19Nov 2020

Ever got into a wreck and wondered if it was your fault or the other parties. It can be tricky but understanding a few simple laws will help. Remember it is never a good idea to accept or assign blame after an accident. Talk to your personal injury attorney as soon as possible after an accident. They will help you understand the next steps you should take in your case.

Vehicle Right of way laws in Texas are:

  • When merging from an unpaved road to a paved road, you must yield to traffic on the paved road.
  • Drivers turning left or right must yield to both pedestrians and oncoming traffic
  • Trains have right of way – ALWAYS.
  • Intersections without signs, drivers should yield to traffic that is already crossing the
  • intersection.
  • If you are approaching a main road from a private road, alley, or any other road type, you must
  • yield to the traffic on the main road.
  • Emergency vehicles (with sirens or lights on) and school buses are to be yielded for.
  • Four-way intersections yield to through traffic.

Pedestrian Right of way laws in Texas are:

  • Yield to pedestrians even if they are not crossing through a proper intersection.
  • Yield to pedestrians when they cross a green light with no “walk” sign.
  • Yield to pedestrians if crossing an intersection and the light turns from green to red.

With the above stated, right of way laws are to protect both pedestrians and motorists on the road. Understanding the above breakdown of the law will help keep you and others safe on the road. It’s best that you always practice these methods on the road as in the unfortunate instance an accident does occur, it would be easier for both an officer and insurance agencies involved to determine fault. Do keep in mind, pedestrian right of way laws are heavily favored for the pedestrian since they are at a significant disadvantage if an accident does occur. It is crucial to make sure you take twice the precautions on busy foot traffic intersections.

Unfortunately, despite all preparation, we understand that accidents do occur. If you or a loved one has been in an accident where the other party failed to abide by the right-of-way laws, please call (832) 433-7977 as we here at the Hadi Law Firm, have experienced personal injury attorneys in Houston ready to fight for you. We will do everything to get you the proper compensation you deserve and make the process as seamless/stress-free as possible.

9Nov 2020

Pregnancy can be a beautiful but very difficult time in a woman’s life. During pregnancy, there are more than a few precautions women must take to keep themselves and their babies safe. Car accidents pose a grave threat to pregnant women since they are particularly vulnerable to severe injuries. Having a better understanding of the complications that may arise from an accident and what you can do to prevent accidents may help you better deal with safety during your pregnancy.

When in a car accident or some other form of a collision the following can occur due to the various levels of shock and absorption the body takes:

  • Birth defects
  • Premature labor
  • Miscarriages
  • Bleeding
  • Separation of the placenta
  • High-risk pregnancy
  • Psychological problems & trauma

Given the heightened state of vulnerability of pregnant women, any form of sudden movement i.e. steering wheel pressing on the stomach, tightening of the seatbelt, or general impact, can lead to serious consequences. It is crucial that pregnant women understand the precautions they can take when they drive or ride in any vehicle.

There is a lot of misinformation about seat belts and if they are dangerous for pregnant women. Wearing your safety belt is the safest way to travel. It is important to understand how pregnant women should wear a seat belt.

  • The seat belt should never go across your belly
  • Always use a shoulder belt
  • The lap belt should be worn under your belly, but firm around your hip
  • While driving, maintain a safe distance of your belly from the steering wheel and increase the distance as your belly grows

Ideally, the further along you are in your pregnancy, the less you should travel or be on the road. In the instances you do have to be on the road, try to ride as a passenger in the back seat. Public transport or drive sharing services might also be some viable options if needed.

If you are involved in a car accident and experiencing any of the following, please call 911 immediately.

  • Pain in the belly
  • Blackouts
  • Pain in the pelvis region
  • Leaking of fluid

Even if you take every precautionary measure, accidents do happen. In the unfortunate situation you are involved in a car accident in Texas while pregnant, please call The Hadi Law Firm at (832) 433-7977. We have expert personal injury attorneys on standby ready to fight for the full compensation and justice you deserve.

28Oct 2020

You have a lot to worry about as a parent. Keeping your child safe on dangerous Texas roads is probably one of those big worries. As a parent or guardian, understanding safety protocol and car seat laws in Texas can be exactly what keeps your children safe.

Texas Law breakdown (Texas DPS):

  1. All children younger than 8 years old, unless taller than 4’9” are required to be in an appropriate child safety system.
  2. Phases (1,2,3,4)

    1. Rear-Facing Seats for all children under the age of 1.

    2. Forward Facing Seats for children who outgrew the height or weight requirements for their rear-facing seat. This seating is required until the child reaches at least the age of 5.

    3. Booster Seats for children who outgrew the requirements of their forward-facing seat. Booster seats are needed until the seat belts fit properly.

    4. Adult Safety Belt for children who outgrew their booster seats and the seat belt fits properly.

  3. Follow traffic signals and make eye contact with the drivers before crossing the street.

Failure to follow car seat laws can result in injury, death and you may also be charged with a misdemeanor. Fines range from $25 – $250 depending on the severity.

What kind of car seat should I get?

There are a few qualifying factors that will help you pick out the perfect car seat.

Car Seat Qualifications

  • Don’t purchase a used car seat. Car seats undergo constant wear and tear. Older seat safety conditions may be compromised. If you do purchase a used car seat make sure you check the seat for the sticker with the manufacturer and expiry date.
  • Car seats always have proper labels and information to register the seat with the manufacturer. If the seat does not have labels, documents, or registration instructions the car seat may be faulty or counterfeit.
  • Make sure you follow all manufacturer instructions on how the car seat should be operated.
  • Additional safety features, like harnesses, are always a big plus when selecting a car seat. Make sure you do your research when selecting a car seat.
Unfortunately, accidents happen even if you take every safety precaution. If you or your child were injured in a car accident due to a negligible driver or a faulty car seat you’ll want to contact our personal injury attorneys immediately. The personal injury attorneys at The Hadi Law Firm are here to fight for you. We make sure you and your family are compensated properly for your accident and justice is served. Reach out to us at (832) 433-7977 today.

21Oct 2020

The increase in traffic collisions in Texas has forced lawmakers to institute various laws to help increase road safety for both drivers and pedestrians. In a state where the most popular form of transportation is cars can sometimes pose a challenge for pedestrians. Since most Texans drive they might not be familiar with laws pertaining to pedestrians. For example, a pedestrian has the right of way to cross when there is a crosswalk with a green light and a walk sign. But did you know that, if there is an intersection that has neither a traffic light nor a walk sign, the driver must still yield to the pedestrian?

When driving or walking it’s important to understand a few aspects of pedestrian-related laws.

  • Drivers must yield to pedestrians in marked/unmarked crosswalks.
  • Cars must yield to a pedestrian if they are approaching from a sidewalk that crosses a building, private road, or a driveway.
  • Pedestrians are required to yield to cars when crossing where there is no marked/unmarked crosswalk.

The Texas Department of Transportation (TDOT) also has some pretty helpful tips for both pedestrians and drivers.

As a pedestrian

  1. Use the sidewalk when available, if there is no sidewalk, walk on the left side of the road facing traffic.
  2. Cross at marked crosswalks and look both ways before crossing.
  3. Follow traffic signals and make eye contact with the drivers before crossing the street.

As a driver

  1. Reduce your speed when approaching crosswalks.
  2. Yield the right of way to pedestrians when turning.
  3. Stay alert at all times in the instance a pedestrian may walk across suddenly.
  4. Be careful and slow down when passing school buses, metros or stopped vehicles as people generally cross at those times.

Even when you abide by all the safety laws you or a loved one may fall victim to a pedestrian/car accident. If you or someone you know has been injured while crossing the street in Texas, reach out to the Hadi Law Firm at (832) 433-7977. Our personal injury attorneys have years of experience and will ensure proper compensation and justice for the injuries you or your loved one may have incurred.

14Oct 2020

Gross negligence is an extremely traumatic experience for many victims. Gross negligence basically means the reckless endangerment of the safety of others. Listed below are a few examples of gross negligence.

Actions include but are not limited to:

  • Speeding in a school zone where kids are on the crosswalk.
  • Doctor or medical professionals leaving medical equipment inside a patient.
  • Doctor or medical professionals prescribing medicine that a patient is allergic to.
  • Business owners knowingly selling harmful products.
  • Nursing home staff not properly caring for elders or residents.

Due to the severity of the consequences of gross negligence, victims are eligible to sue for punitive damages in addition to compensatory damages. The punitive damages are considered to serve as a punishment to the defendant.

To pursue a claim for gross negligence here in Texas, your case has to meet the following criteria listed below:

1-4 Elements of Negligence (Ordinary)

  1. Duty
  2. Breach
  3. Causation
  4. Damages

2-Objective Test

  1. Action taken by the defendant was of high risk which would have led to the severe harm of others.

3-Subjective Test

  1. The defendant was aware of the action they were taking and decided to willfully disregard the consequences

Once the claimant has checked off all the following criteria, they would need sufficient evidence to prove the following.

Here at the Hadi Law Firm, we can help you obtain the burden of proof and our experienced attorneys will prosecute on your behalf to the fullest degree. We will have our personal injury attorneys investigate the case and determine every detail of the case including who was at fault. Our attorneys will then gather evidence alongside any supplemental information and build an aggressive case.

If you feel you were the victim of gross negligence in Texas, reach out to The Hadi Law Firm at (832) 433-7977. Our seasoned team of personal injury attorneys are here to make sure you get the justice and compensation you deserve.

Click here to see more information on Gross Negligence in Texas.

7Oct 2020

If there’s one thing you should know after a car accident it’s that your insurance company is NOT on your side. Whether you’ve been severely injured or your car has been totaled, insurance companies, like Geico, have an arsenal of strategies to decrease or flat out deny your claim. In most cases, the denial letter for your claim is just the first step in their negotiation process. We were always told, “Hadi Law, you won’t change the insurance companies,” Until August 28, 2020.

The Hadi Law Firm recently initiated and assisted in a case against one of the largest insurance companies in America; Geico. Geico failed to pay claims to their client in a timely manner and when they did pay they neglected to pay the interest on late payments. We uncovered over 10000 first-party claims that were mishandled by GEICO. In many cases, although they knew there was coverage and the Insured was entitled to compensation, the case was closed. After a long investigation through the Texas Department of Insurance, Geico was forced to pay out $2,178,963 in claims and interests. They also had to pay a 3,000,000.00 administrative penalty, and Change their entire Claims Handling Process; Nationwide.

The Hadi Law Firm forced Geico to change its unethical practices. After this case, Geico had to implement systems, monitoring, process changes, and hired compliance personnel to address these allegations. The Hadi Law Firm has been fighting these large insurance companies since 2009.

Read more on GEICO at www.DontTrustTheGecko.com. Don’t let the insurance companies take advantage of you. Give The Hadi Law Firm a call today and let us fight for you.


CLICK HERE TO DOWNLOAD THE TEXAS DEPARTMENT OF INSURANCE (TDI) ORDER A AGAINST GEICO.