One driver's insurance premiums increased by 21% in 2022, even though he had never caused an accident. LexisNexis Risk Solutions had compiled a 258-page report on the driver that listed each time he or his wife had driven their vehicle over the previous six months and the report was provided to his insurance company. Many drivers don’t realize that by activating the “safe driver” features the car manufacturer will share their information with data brokers – who then sell the information to insurers. Because the consent to sell this information is buried in fine print, many drivers have no idea they “consented” to the selling of their information. According to the Times, the profiles compiled by LexisNexis were found to contain detailed data on all trips made by the insured drivers, including start and end times, duration, distance, and all instances of hard acceleration and braking. This data was used to increase insurance premiums. If you drive faster and brake harder than your fellow drivers, you’ll pay more for your coverage, even if you don’t have any accidents. Data collected by car companies is not secure Researchers at the Mozilla Foundation deemed cars the worst product category they had ever reviewed in terms of data privacy and information security. 84% of the companies either sell or share data and half of the companies share private information with governmental officials upon request, no warrant required. Car companies do not keep the data they collect very secure, either. Seventeen of the 25 brands Mozilla looked at had a “bad track record” in the past three years for “leaks, hacks and breaches that threatened their drivers’ privacy.” Furthermore, the companies create inferences about customers based on the data collected, including characteristics based on the locations you visit, podcasts you listen to, your job and other shared information. How can you keep your data from being collected and sold? According to Cars.com and Mozilla, in order to protect your data, you should: Read the fine print at the dealership. Look for words like "sell" and "share" and pay attention to who your data is being sold to and shared with. If the salesperson is entering a lot of information into their computer system, ask to see it. Don’t let the salesperson walk you through the technology on your new car. Salespeople get commission for signing up customers for connected services and getting you to opt into extra data-sharing systems. Once you take delivery of the car, review the car settings and the settings on connected mobile apps to opt out of sharing your data. “Look for settings like " Data Privacy" or " Data Usage." Opt-out of sharing any data with third-parties. But be careful not to opt out of features you want. Watch for features such as “ Smart Driver " or “ Driving Score .” Check on the car’s infotainment menu and connected phone apps to see what is being collected and shared. The Mozilla Foundation suggests not using your car’s mobile app, or at least limiting the information it can access on your phone. You can also avoid connecting your phone to your car to stop sharing sensitive data like contacts or texts. Unfortunately, with new models, there aren’t a lot of ways to minimize data collection. Some models even require the use of an app. You can request a copy of your own Consumer Disclosure Report from LexisNexis for free , which lets you know what kind of data is being shared without your knowledge. Privacy4Cars built a useful tool to help consumers learn what kinds of data car companies collect , how that information is collected, and what policies the company has when it comes to privacy and data security. The tool offers advice on how to disable the features, apps and services that share more data than you prefer. It also has a form to request an opt-out from sharing personal data with third parties.

According to The Texas Strategic Highway Safety Plan the following factors cause intersection collisions: • Failure to yield right of way causes 33% of intersection collisions • Speed causes 23% of intersection collisions • Disregarding signals or lights causes 22% of the collisions • Distraction causes 16% of these crashes • Impaired driving causes 14% of intersection collisions Intersection crashes are the second most common type of crash in Texas. 70% of intersection collisions are in urban areas and 33% of the collisions are at signalized intersections. Of the intersection collisions, • 11% are rear-end collisions • 35% are angle crashes • 28% of the crashes are left turn crashes • 25% are other types of crashes How can you and your family stay safe at intersections? Hanover Insurance has these suggestions to help you avoid intersection collisions: 1. Match speed with visibility at intersections. Always be able to stop your vehicle short of the intersection. 2. Don't assume the other driver will yield to you. Approach all intersections prepared to yield the right of way. 3. Decide what evasive action you will take in the event it becomes necessary. Have your vehicle under control so you can make any necessary maneuvers. 4. Avoid distractions. Look in all directions, then look again. 5. Don't assume that the other vehicle will stop. A traffic control device doesn't physically stop a vehicle—the driver has to apply the brakes. Go Swerve Driving School has these additional tips on avoiding intersection collisions: 1. Notice your surroundings. Visibility might be impaired by buildings, trees and other cars. 2. Don’t speed through. You can’t always anticipate the other driver’s actions, so go slow enough that you can make an adjustment if it becomes necessary. 3. Don’t follow the vehicle ahead of you too closely through the intersection. This extra space gives you time to react in the event someone pulls out in front of you. 4. Use your turn signals in time to let the other drivers plan for your change, but not so early that it confuses them. 5. Carefully enter intersections. The most dangerous time to enter an intersection is when the light is yellow or has just turned green. Always scan the intersection and traffic from the opposite direction before pulling into the intersection. If you have been injured in an intersection collision, the attorneys at Wham & Rogers can help. Call 832-592-1108 or text 832-413-1428‬ for a free case evaluation.

Most vehicles manufactured after 2012 have downloadable mini computers called Electronic Control Modules (ECMs or “black boxes”). In the event of an accident, they can record some or all of the following information, much of which can be very relevant in a personal injury lawsuit. How fast the vehicle was traveling prior to impact. Whether the driver was actively accelerating or decelerating at the time of the collision. How hard the driver braked, if at all. Whether the driver tried to steer away from the other vehicle(s). Seat belt usage. Severity of impact (forces of acceleration). Airbag deployment times. Near misses (when the vehicles safety system is activated, but no collision occurs). If the vehicle was moving or stopped before impact. The order of impact, or who hit whom first. Newer vehicles might even capture images from onboard backup cameras record GPS coordinates. All of this data can be downloaded with specialized equipment and can be used as evidence in a car crash case. Infotainment and Telematics Systems Many newer cars have prominent "infotainment" consoles built into the dash. This can also be a key source of crash information, such as: Call logs, text messages, social media, and email, if the system is paired to your smartphone Vehicle events: when doors are opened or closed, lights turned on or off, and when the vehicle is connected to Wi-Fi Location information: recent destinations, and navigation history Hard-braking and hard acceleration events This data can be useful in determining what happened, where it happened, and who was involved. Infotainment systems can record months of data, while event data recorders (black boxes) may only store data for a short period of time before a collision. Driver Facing Cameras Some newer vehicles from brands including Tesla, BMW, Jeep and Mini have driver facing cameras. These cameras analyze the driver's head position and interactions with objects, such as phones and passengers. If the driver's behavior is outside of the normal range for too long, the camera may issue a warning. Footage and images from the driver facing cameras may also be downloadable and used as evidence in car crash litigation. It is important to retain an attorney as soon as possible following a collision, so that data can be downloaded and preserved. The attorneys at Wham & Rogers can help make sure you are protected following a collision. If you have been in a collision, call 832-592-1108 or text ‪(832) 413-1428‬ for a free consultation.‬

‪ Recently there have been incidents of "road rage" against bicyclists, including a driver throwing roofing nails in the bicyclists' lane of travel, resulting in serious injuries. This has led to discussion on social media about whether groups of bicyclists can legally ride together on a roadway. The answer under Texas law is yes. Persons operating bicycles on a roadway may ride two abreast in a single lane. • However, persons riding two abreast may not impede the normal flow of traffic, and • Persons may not ride more than two abreast on a roadway. (Tex. Transportation code Sect. 551.103) What are the laws governing where bike riders should ride on the roadways? Texas law requires that a bike rider on a roadway should ride as near as practicable to the right curb or edge of the roadway, unless: • Passing another vehicle • Preparing for a left turn • Avoiding a hazard • Traveling on a road that is too narrow to share side-by-side with a car What laws do bicyclists have to follow while on the roadways? Bicyclists have the rights and duties of other vehicle operators. This means they must: • Yield to pedestrians • Stop for stop signs • Signal turns • Travel with the flow of traffic. Share the road and follow the law to keep everyone safe. If you have been injured in a bike collision, Wham & Rogers can help. Call 832-592-1108 or text ‪(832) 413-1428‬ for a free consultation.

E-scooters are becoming more prevalent. Especially during summer months, children and teens ride e-scooters on the roadways, sidewalks and pathways. You have likely read reports of near misses, with users of e-scooters reportedly crossing intersections without looking and pulling out in front of cars in parking lots. And you may also have seen reports of speeding motorists failing to notice e-scooters in crosswalks and almost hitting them. Finally, you may have seen debates over whether e-scooters should be allowed on pathways, sidewalks or roadways. While some pathways are marked as “no motorized vehicles permitted”, most parents don’t want their children to ride e-scooters on the roadways. So, where are children legally allowed to use an e-scooter? Where can an e-scooter legally be operated per Texas law? A motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. A motor-assisted scooter may, however, cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. A county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk, if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety. A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk, unless local ordinances provide otherwise. In summary, e-scooters are only allowed on roads with speed limits of 35 miles per hour or less. However, roadways with higher speed limits can be crossed by e-scooters at crosswalks. And e-- scooters are permitted on streets (with a 35 mph or less speed limit) and sidewalks, UNLESS a county or city enacts ordinances to the contrary. E-scooters are also allowed on pathways e xclusively for bicycles. What is The Woodlands’ position on motorized scooters and e-bikes on Pathways? The Woodlands Township prohibits motorized vehicles of any type on the pathways. The Township takes the position that it owns the pathways, so it can make the rules governing the use of pathways. “While Texas legislation provides that electric scooters and gas scooters with engines less than 40cc may be ridden on public thoroughfares, this law only extends to counties and municipalities. The pathways in The Woodlands do not fall into this category; they are owned by The Woodlands. Therefore, motorized vehicles are prohibited from using the pathways.” Can The Woodlands Township enforce its ban of motorized scooters and e-bikes on the pathways? Residents of the Woodlands often ask whether the Township can enforce its rules on the use of pathways. The Township is a special purpose government district with limited authority and can only establish and enforce rules on property it owns (Township parks, pathways, pools, facilities and recreation centers) in accordance with its enabling legislation. Montgomery County provides law enforcement and traffic regulation, but does not participate in the enforcement of covenants. The Woodlands Township can enforce its covenants by sending notices of violations and even filing suit, but cannot issue traffic tickets. Will the Woodlands Change its ban on motorized vehicles on the pathways? In January of 2024, The Woodlands Township considered whether to change its policy on e-bikes and declined to do so: “….a number of issues surround the possibility of allowing e-bikes on pathways and trails in The Woodlands, such as monitoring speed, filing incident reports and verifying the class of motorized vehicles on the trails. Another issue with allowing e-bikes on trails within The Woodlands is due to the density of trees along pathways with wide variation in terrain and trail width, he said.” Regardless of your position on whether e-scooters should be allowed on pathways, it is important that those operating e-scooters wear helmets and be taught to follow safety rules to ensure their safety and the safety of pedestrians. If you or a family member has been injured on or by an e-bike or e-scooter, the experienced personal injury attorneys at Wham & Rogers can help you. Call 832-592-1108 for a Free Consultation.

What are the laws in Texas governing E-bikes? In Texas, laws governing bicycles also govern e-bikes. However, the bicycle laws only apply when the e-bike is used on the highway or on a path set aside exclusively for bicycles. (Section 551.001.) Like nonmotorized bikes, e-bikes must follow all vehicle laws, stay as close to the right shoulder on the roadway as safely possible, unless turning left or passing, and riders may ride two abreast. Bike and e-bike riders may only ride on the seat of the bike and may not carry more people than the bike is designed or equipped to carry. (Section 551.102) It’s important to note that a parent or guardian may not knowingly permit a child to violate bicycle laws. (Section 551.001). What regulations can a local authority make regarding E-bikes? A local authority may not prohibit the operation of an e-bike on a highway used by motor vehicles (Section 551.106). A local authority may NOT prohibit the operation of an e-bike where a nonelectric bike is permitted, UNLESS the path is not open to motor vehicles AND as a natural surface tread made by clearing and grading the native soil without adding surfacing materials (such as a dirt pathway in a park). A local authority may prohibit the operation of a bike (and e-bike) on a SIDEWALK and can establish speed limits for bikes on pathways. In other words, if a bicycle is allowed on a pathway (unless it is unpaved) e-bikes are allowed as well. However, local authorities may prohibit ALL bikes on sidewalks, if they choose to do so. What type of e-bikes are allowed on the roadways? The State of Texas transportation code lists three types of e-bikes: Class 1: partially human-powered with a speed limit of 20 mph Class 2: primarily motor-powered with a speed limit of 20 mph Class 3: partially human-powered with a speed limit of 28 mph How old do you have to be to operate an E-bike? A person may not operate a Class 3 electric bicycle, as defined by Section 664.001, unless the person is at least 15 years of age. What is The Woodlands' position on Electric bikes on Pathways? The Woodlands Township prohibits motorized vehicles of any type on the pathways. The Township has stated, “While Texas legislation provides that electric scooters and gas scooters with engines less than 40cc may be ridden on public thoroughfares, this law only extends to counties and municipalities. The pathways in The Woodlands do not fall into this category; they are owned by The Woodlands . Therefore, motorized vehicles are prohibited from using the pathways. The only exceptions are motorized wheelchairs and the pathway maintenance vehicles.” In January of 2024, The Woodlands Township considered whether to change its policy on e-bikes and declined to do so : “Township Chief Operations Officer Chris Nunes said a number of issues surround the possibility of allowing e-bikes on pathways and trails in The Woodlands, such as monitoring speed, filing incident reports and verifying the class of motorized vehicles on the trails. Another issue with allowing e-bikes on trails within The Woodlands is due to the density of trees along pathways with wide variation in terrain and trail width, he said.” If you or a family member has been injured on or by an e-bike, the experienced personal injury attorneys at Wham & Rogers can help you. Call 832-592-1108 for a Free Consultation.

You may be surprised to learn that several of the most dangerous roads in the country run through Spring, Texas. I -45 South from Dallas to Galveston has been named the second most deadly road in the country by Teletrac Navman, a fleet management software company. Interstate 45 had 0.913 deaths per mile of highway, and the deadliest city is Houston, TX with 92 deaths during the study period. According to Budget Direct, the deadliest road in the USA is Interstate 45, with 56 fatal accidents for every 100 miles . R oads on which many residents of Spring, Texas commute are among the most dangerous. Tomball Parkway (249) between Antoine Drive and W. Greens Road is the third deadliest section of road in Texas. There was an average of 3.2 fatal accidents per mile during the study period. I-45, between Airtex Drive and TX 249, is the 6th deadliest road, with an average of 2.4 fatal accidents per mile during the study period. It was ranked the 6th deadliest road. The number one factor in traffic fatalities is speed, according to the Texas Department of Transportation. The second is impaired driving, either alcohol or drugs, and the third is distracted driving. Speed Speeding endangers motorists, road work crews, bicyclists, and pedestrians. Speeding heightens the risk of causing or being involved in a life-threatening crash. Speeding increases the chances of losing control of the vehicle, increases stopping distance, reduces the driver’s reaction time, and increases crash severity , according to the Texas Department of Transportation. You can protect yourself not only by obeying speed limits, but by also by watching the traffic around you and driving defensively. Impaired driving According to the Texas Department of Transportation, in the ten-year period from 2012 to 2021, more than 37 percent of traffic fatalities in Texas involved drivers impaired by alcohol or drugs . The majority of these fatalities occurred between 2 a.m. and 3 a.m. on Saturday or Sunday. Of course, impaired drivers are on the roads at all hours; however, you can decrease your risks of being struck by an impaired driver by staying off the roads in the late night or early morning hours of Saturday and Sunday. Distracted Driving Crashes happen quickly so the ability to respond timely can save lives. All distractions — talking, texting, eating, applying makeup, checking your nav system, or turning the radio dial — can be dangerous. How you can protect yourself and your family Always give driving your full attention Pull off the road entirely and come to a complete stop before you talk or text Put your phone away or turn it off while driving Drive defensively – if you see a distracted driver, move away from them. If you are involved in a collision, Wham & Rogers can help. Call 832-592-1108 or text 832- 413-1428‬ for a free consultation.

There are several ways to get your Woodlands, Texas crash report following an accident: You can download your crash report from the Texas Department of Transportation. Crash Reports can be located using the driver’s name, driver license number, vehicle VIN, or the Crash ID number provided to you by the officer. You will be charged $6 for a non-certified copy and $8 for a certified copy. Click here to request your TXDOT Accident Report. You can submit a public information request to Montgomery County by providing the case number, date of occurrence, type of incident, location and information on the parties involved. Click here to request your Montgomery County accident report. You can obtain your report in person at the Montgomery County Sheriff’s Office Records Division located at #1 Criminal Justice Drive, Conroe TX 77301 What information is included on the crash report? As the person involved in the accident, you can obtain the full or “non-redacted” version of the report. The non-redacted report will include the location of the accident, the description of the accident, the findings of fault by the officer and the insurance information for all parties involved. You will be required to complete an affidavit online to certify your involvement in the crash in order to obtain the non-redacted report when ordering the report from TXDOT. If you are not the person involved in the accident, you will only be able to obtain a redacted version of the report. The redacted report will have all personal information, including phone numbers, addresses and dates of birth removed. Insurance information may also be removed. When will my crash report be available? The Montgomery County Sheriff’s department often has crash reports available in several days, although depending upon the complexity of the collision, it can take as long as 14 days or more. Why is the insurance company waiting for the crash report to be available before accepting liability? If the other driver tells their insurance company that you were at fault, the insurance company may not accept liability for the accident until the insurance company reviews the crash report. Who can see my crash report? Anyone can complete a public information for information on your accident. The public information response will contain the date, time and location of the accident, the responding officer’s name and incident number. Personal information, such as addresses, and driver’s license numbers will be redacted. Non-redacted crash reports can also be ordered by insurance companies, certain media outlets and vehicle storage facilities. Obtaining crash reports is just one of the ways we help our clients following a collision. If you have been injured in a collision, Wham & Rogers will evaluate your case for free . Call 832-592- 1108 and talk to a lawyer today,

I've been injured on the job. How can I sue for a workplace injury? The first question to ask if you're injured on a construction site is whether your employer carries Workers' Compensation coverage. If they do, the amount of money you can recover may be limited. How much does Workers' Comp pay in Texas? Workers' Compensation pays injured workers according to a formula based on the State Average Weekly Wage (SAWW) . While it can be easier to collect than private insurance, the total compensation is much lower, often not enough to support the worker through medical treatment and unemployment. Because it limits their liability, most employers in Texas will choose to carry Workers' Compensation coverage. But when they don't, that employer is considered to be a non-subscriber . What if my employer does not carry Workers' Compensation coverage? If your employer is a non-subscriber, you have the right to recover for all the damages that were suffered, instead of having the more limited recovery that's provided by the Workers' Compensation Act. Contact us for a free consultation experienced Spring, Conroe and The Woodlands personal injury attorney today, or call us at (832) 592-1108 .