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Lost Wages and Loss of Earning Capacity in Personal Injury Cases
Personal injury cases can be financially and emotionally devastating for victims. When an individual suffers injuries due to someone else's negligence or intentional actions, they are often entitled to compensation for various damages, including medical expenses, pain and suffering, and loss of income.
In this article, the Houston personal injury lawyers at Wham & Rogers will explore two critical components of financial recovery in personal injury cases that are often underrepresented - lost wages and loss of earning capacity. These are two important elements of a victim’s life that could be changed irrevocably after an injury. Call Wham & Rogers at (832) 592-1108 to learn more about damages you may qualify for if you are injured.
Lost Wages and Loss of Earning Capacity
What an individual makes or is capable of making is only one part of their overall being. But for most of us, it is an important part of maintaining financial stability and the ability to plan for the future and provide for our families. That’s why it is so important to consider these two types of damages that may be awarded in a personal injury claim.
Lost Wages
Lost wages refer to the income that a victim would have earned had they not been injured in the accident or incident that led to their personal injury case. It is important to note that lost wages can encompass various forms of income, including salary, hourly wages, bonuses, and other benefits. Here's how lost wages are typically calculated:
- Current Lost Wages: The most straightforward aspect of lost wages calculation is the income the victim has already lost due to their inability to work. This is relatively easy to calculate based on the victim's employment records, including pay stubs and tax returns.
- Future Lost Wages: When injuries result in long-term or permanent disability, the victim may be unable to work in the same capacity as before. In such cases, the calculation becomes more complex. An expert, often an economist, may be consulted to determine the potential earnings the victim would have received over their lifetime had the injury not occurred. This includes factors such as salary growth, expected career advancement, and inflation.
- Mitigation: The injured party is also expected to make reasonable efforts to mitigate their losses by seeking alternative employment or pursuing vocational rehabilitation if possible. Failure to mitigate can affect the amount of compensation awarded.
Loss of Earning Capacity
Loss of earning capacity differs from lost wages in that it pertains to the victim's ability to earn income in the future, taking into account the impact of their injuries. This concept recognizes that an injury may limit or even prevent the victim from engaging in their previous profession or career. Here's how loss of earning capacity is typically determined:
- Medical Assessments: Medical experts play a significant role in assessing the extent of the victim's injuries and the expected limitations they will face in the future. This information is crucial for estimating the impact on their earning capacity.
- Vocational Expert Opinions: Vocational experts are often consulted to evaluate the victim's work history, skills, and abilities. They can provide insights into how the injuries may affect the victim's ability to perform their job or seek new employment.
- Economic Analysis: Economists use a combination of factors, including the victim's age, occupation, projected career trajectory, and the severity of the injury, to calculate the potential loss of earning capacity. They can also consider factors like inflation, discount rates, and retirement age.
- Present Value: The projected loss of earning capacity is usually converted into a present value, representing the value of future income streams in today's dollars.
Importance of Expert Testimony
In personal injury cases, both lost wages and loss of earning capacity require expert testimony to establish the extent of the financial damages. Medical professionals, vocational experts, and economists can provide vital insights that help the court or negotiating parties understand the full scope of the victim's financial losses.
Other Types of Damages in Personal Injury Cases
In personal injury cases, lost wages and loss of earning capacity are crucial components of the victim's financial recovery. But they are not the only type of damages that are often awarded to victims. Here are some common damages awarded in personal injury claims:
Economic Damages
- Medical Expenses: This includes compensation for past and future medical bills related to the injury, such as hospitalization, surgeries, doctor's visits, prescription medications, rehabilitation, and medical equipment.
- Property Damage: If the injury resulted in damage to the victim's property, such as a car in a motor vehicle accident, they can seek compensation for repair or replacement costs.
- Rehabilitation Costs: In cases where the injured party requires ongoing therapy, physical or occupational rehabilitation, or counseling, the cost of these services can be covered.
- Household Services: If the victim is temporarily or permanently unable to perform household tasks or chores due to the injury, they may be compensated for the cost of hiring help.
- Transportation Expenses: Expenses related to traveling for medical appointments or other necessary services can be included in economic damages.
Non-Economic Damages
- Pain and Suffering: This category includes compensation for physical pain, emotional distress, and psychological suffering resulting from the injury. The amount awarded can vary significantly based on the severity of the injury and its impact on the victim's life.
- Emotional Distress: Victims can seek compensation for the emotional and psychological trauma they experienced as a result of the injury, such as anxiety, depression, and post-traumatic stress disorder.
- Loss of Consortium: In cases where the injury has negatively impacted the victim's relationship with their spouse or family members, damages may be awarded to compensate for the loss of companionship, affection, and support.
- Loss of Enjoyment of Life: This damage category accounts for the loss of the victim's ability to participate in activities and hobbies they enjoyed prior to the injury.
- Disfigurement or Scarring: If the injury resulted in permanent physical disfigurement or scarring, victims may receive compensation for the negative impact on their appearance and self-esteem.
- Loss of Reputation: In certain cases, damage to a person's reputation due to the injury can be considered when awarding compensation.
- Punitive Damages: In rare cases, punitive damages may be awarded to punish the at-fault party for particularly egregious conduct and to deter similar behavior in the future.
To understand the full extent of the damages a victim may be entitled to, individuals pursuing a personal injury claim should consult with an experienced attorney who can provide guidance and legal expertise.
Get Help with Your Personal Injury Case
If you are considering filing a personal injury lawyer, it is important to work with a skilled Houston personal injury lawyer. While valuing some damages may be fairly straightforward – such as medical expenses - the complexities of lost wages and loss of earning capacity requires the knowledge and experience of a skilled legal team.
At Wham & Rogers, we are more than just personal injury lawyers. We are fierce advocates for victims and their legal rights. Our Board-Certified personal injury attorney has recovered millions of dollars for victims of negligence. If you are suffering an injury, we can help!
Get started with a free consultation by calling us at (832) 592-1108, or by completing our online contact form.
If you have sustained serious injuries due to someone else’s negligence, you should consult with a personal injury attorney right away. If you delay in retaining an attorney, you take the risk that evidence favorable to you will disappear. You also risk being misled or taken advantage of by the insurance company.
Don’t all employers in Texas have to carry worker’s compensation insurance? No. Texas is the only state that does not require private employers to carry worker’s compensation insurance. How do I find out if my employer carries worker’s compensation insurance? You can search the Texas Department of Insurance page here: https://www.tdi.texas.gov/ Many large employers such as Amazon, Walmart, HEB, McDonald's, Home Depot, Kroger, Target, Dollar General, Hobby Lobby, and Whole Foods are non-subscribers, meaning that they do not have worker’s compensation insurance. If you are employed by one of these companies and are injured on the job, you have a "non-subscriber" claim. I’ve been injured on the job and my employer is a non-subscriber. What rights do I have? You have the right to recover for all damages you suffered. Your recovery is not limited by the Texas Worker’s Compensation Act. As the employee of a non-subscriber, you must prove the negligence of your employer. Your employer has a duty to provide you with a safe workplace. If you are injured by your employer’s failure to provide proper safety equipment, failure to properly train your coworkers, or assigning you tasks outside your job description, you may be able to recover for your employer’s negligence which caused your injuries. If there is an on-the-job fatality, the family members of the worker who lost his life may be able to file a claim for wrongful death against the non-subscribing employer. When an employee is injured as a result of his or her employer’s negligence, the employee may recover more in damages than if the employer had worker’s compensation insurance. What damages can I recover in a non-subscriber case? A non-subscribing company may be sued for damages such as pain and suffering and medical expenses. The non-subscribing company may also be held liable for gross negligence or punitive damages. What defenses do non-subscriber employers have when employees are injured? Non-subscribing employers may not claim that their employees were contributorily negligent or that the employee assumed the risk of the dangerous activity they were assigned to do. Non-subscribers cannot escape liability for their employee’s injury because a coworker was at-fault. Non-subscribing employers are able to escape liability if an employee is intoxicated, reckless or deliberately caused their own injury. Can I sue my employer for an on-the-job injury if my employer has worker’s comp? No. If your employer has worker’s compensation insurance, your sole remedy is through the worker’s compensation system. At Wham & Rogers, we have years of experience handling non-subscriber cases. If you have been injured on the job and your employer is a non-subscriber, call us at 832-592-1108 or text us at (832) 413-1428 for your free consultation.
On the night of January 31st, drivers and passengers waiting at the intersection of East Sam Houston Parkway and Sabo Road were struck by an 18-wheeler . In addition to the truck, a further six vehicles were damaged in the collision, with at least two occupants, including a child, sustaining injuries. Tragically, one driver lost his life. The driver of the 18-wheeler reportedly left the scene rather than rendering aid to the victims . Fleeing the scene of a crash can severely increase legal penalties under these circumstances: hit-and-runs that result in death carry sentences up to 20 years in Texas. The suspect is still at large, but will probably be identified soon from security camera footage recorded before, during, and after the wreck. Beltway 8, of which Sam Houston Parkway is a part, has high definition cameras that record license plates at regular intervals. What should you do if you are hit by an 18-wheeler? If you have been in a collision with an 18-wheeler, it is critical to retain counsel right away to investigate the collision and to ensure evidence is preserved . In this situation, an attorney can send preservation letters to all vehicle owners who were involved in the collision to request preservation of dash cam video and electronic control modules. An attorney can also hire an investigator to canvas local businesses for video footage of the collision in order to track down the 18-wheeler driver and company.
Always order your crash report from a .gov site
The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
If you have sustained serious injuries due to someone else’s negligence, you should consult with a personal injury attorney right away. If you delay in retaining an attorney, you take the risk that evidence favorable to you will disappear. You also risk being misled or taken advantage of by the insurance company.
Don’t all employers in Texas have to carry worker’s compensation insurance? No. Texas is the only state that does not require private employers to carry worker’s compensation insurance. How do I find out if my employer carries worker’s compensation insurance? You can search the Texas Department of Insurance page here: https://www.tdi.texas.gov/ Many large employers such as Amazon, Walmart, HEB, McDonald's, Home Depot, Kroger, Target, Dollar General, Hobby Lobby, and Whole Foods are non-subscribers, meaning that they do not have worker’s compensation insurance. If you are employed by one of these companies and are injured on the job, you have a "non-subscriber" claim. I’ve been injured on the job and my employer is a non-subscriber. What rights do I have? You have the right to recover for all damages you suffered. Your recovery is not limited by the Texas Worker’s Compensation Act. As the employee of a non-subscriber, you must prove the negligence of your employer. Your employer has a duty to provide you with a safe workplace. If you are injured by your employer’s failure to provide proper safety equipment, failure to properly train your coworkers, or assigning you tasks outside your job description, you may be able to recover for your employer’s negligence which caused your injuries. If there is an on-the-job fatality, the family members of the worker who lost his life may be able to file a claim for wrongful death against the non-subscribing employer. When an employee is injured as a result of his or her employer’s negligence, the employee may recover more in damages than if the employer had worker’s compensation insurance. What damages can I recover in a non-subscriber case? A non-subscribing company may be sued for damages such as pain and suffering and medical expenses. The non-subscribing company may also be held liable for gross negligence or punitive damages. What defenses do non-subscriber employers have when employees are injured? Non-subscribing employers may not claim that their employees were contributorily negligent or that the employee assumed the risk of the dangerous activity they were assigned to do. Non-subscribers cannot escape liability for their employee’s injury because a coworker was at-fault. Non-subscribing employers are able to escape liability if an employee is intoxicated, reckless or deliberately caused their own injury. Can I sue my employer for an on-the-job injury if my employer has worker’s comp? No. If your employer has worker’s compensation insurance, your sole remedy is through the worker’s compensation system. At Wham & Rogers, we have years of experience handling non-subscriber cases. If you have been injured on the job and your employer is a non-subscriber, call us at 832-592-1108 or text us at (832) 413-1428 for your free consultation.
On the night of January 31st, drivers and passengers waiting at the intersection of East Sam Houston Parkway and Sabo Road were struck by an 18-wheeler . In addition to the truck, a further six vehicles were damaged in the collision, with at least two occupants, including a child, sustaining injuries. Tragically, one driver lost his life. The driver of the 18-wheeler reportedly left the scene rather than rendering aid to the victims . Fleeing the scene of a crash can severely increase legal penalties under these circumstances: hit-and-runs that result in death carry sentences up to 20 years in Texas. The suspect is still at large, but will probably be identified soon from security camera footage recorded before, during, and after the wreck. Beltway 8, of which Sam Houston Parkway is a part, has high definition cameras that record license plates at regular intervals. What should you do if you are hit by an 18-wheeler? If you have been in a collision with an 18-wheeler, it is critical to retain counsel right away to investigate the collision and to ensure evidence is preserved . In this situation, an attorney can send preservation letters to all vehicle owners who were involved in the collision to request preservation of dash cam video and electronic control modules. An attorney can also hire an investigator to canvas local businesses for video footage of the collision in order to track down the 18-wheeler driver and company.
Always order your crash report from a .gov site
Many accident victims do not understand that the insurance adjusters are not appointed to help them — and are not even required to tell the truth. In our 70 plus years of experience dealing with liability insurers we have often seen detrimental strategies in action. When you have been in an accident, don’t forget that the adjuster’s role is to save the insurance company money and that the adjuster cannot be trusted to protect your interests. Here are some real examples of unfair insurance company tactics and how to avoid becoming a victim. Tactic 1: Letting the Statute of Limitations Expire An accident victim supplied medical bills and records to the adjuster as requested. The injuries were severe, and treatment took a long time. The adjuster advised that the medical bills would be paid, lulling the accident victim into a sense of security. At no time did the adjuster advise that the year two statute of limitations was approaching or that the claim would be denied after the statute ran. Once the two-year mark passed, the adjuster denied the claim. Lesson : The third-party liability adjuster has no duty to tell you the deadlines applicable to your case. Consult with an attorney about your deadlines so your claim will not be barred. Tactic 2: Concealing Payout Amounts An adjuster offered an individual injured in an auto accident $10,000 in settlement, which she accepted. The individual received a check for $1,000. When she asked why she only received $1,000 when she had settled for $10,000, the adjuster told her, for the first time, that $9,000 was paid to the hospital. Had the adjuster been upfront with the individual, she could have negotiated the hospital bill herself, saving thousands of dollars. Because she had already settled with the insurance company, she had no recourse. Lesson: Ask the adjuster specifically how much money YOU will be receiving, and how much money is being paid to the hospital and health insurance company. You have the right to negotiate with the hospital and health insurance company, but you have to ask. The adjuster will not tell you this. Tactic 3: Insurer-led Investigations A family tragically lost their son in a collision. The insurance adjuster contacted the son’s friends, misrepresented the details of the accident, and took recorded statements, recording only part of the interviews, creating a misleading record. This misleading record was then used against the family. Lesson: Contact an attorney right away if a family member has been killed or has suffered catastrophic injuries. The adjusters immediately begin to build their defense, using unfair tactics. You do not want to be put at a disadvantage. An attorney can contact friends and family to alert them to be on guard and combat these unfair tactics. Tactic 4: Adjuster Harassment of Victims’ Families After a family tragically lost their child, the adjuster began hounding the family and relatives—going so far as to send messages to family members on social media. The actions of the adjuster caused additional stress for the grieving family. Lesson: If you retain an attorney and advise the adjuster that you have done so, the adjuster must stop contacting you and your family members. Tactic 5: Concealing Liens A woman settled a personal injury case with the adjuster. After the settlement, the woman’s health insurance contacted her and told her she was required to pay all of the settlement funds to the health insurance company. The adjuster failed to disclose to the woman that she would have to repay her health insurance company from the settlement funds. Had the woman known this, she would not have accepted the settlement amount from the adjuster and would have attempted to negotiate a higher recovery. Lesson: Most health insurance companies have a lien on your personal injury settlement. Adjusters will not volunteer this information to you. If you negotiate a settlement yourself, you need to find out about all liens on your recovery, so you know the exact amount you will receive in settlement. Health insurance liens can be negotiated before the settlement is reached. Tactic 6: Swoop and Settle A gentleman was injured in an accident. The liability adjuster told him the insurance company would pay up to $20,000 in medical bills and $2,500 for pain and suffering. The gentleman accepted this offer. He received his $2,500 check and then submitted $15,000 in medical bills to the liability adjuster. The liability adjuster paid only $7,500 of the $15,000 in medical bills. When asked, the adjuster advised that she did not agree he needed 36 sessions of physical therapy nor that he needed an MRI, so she would not pay for those charges. The adjuster further pointed out that the settlement agreement obligated the liability insurance company to pay up to $20,000 in medical expenses reasonably and necessarily incurred due to the accident . The agreement left it up to the adjuster to decide which bills to pay. The gentleman was then on the hook to pay $7,500 in medical bills, with no recourse. Lesson: This tactic is called swoop and settle . The insurance company wants to trick you into settling before you know the extent of your damages. This leaves the insurance company with the discretion to decide which bills to pay, and you with no remedy for the wrongful denial of medical charges. DO NOT fall prey to this scheme. There is no requirement that you settle your case immediately . Adjusters often threaten that they will “close their file” and the like. This is a hollow threat. You can wait until you have completed treatment to attempt to settle the case. You have two years after the accident to file a lawsuit. Conclusion Liability insurance companies and their adjusters have a whole playbook of dirty tricks. If you or a loved one has been seriously injured, you need experienced Texas personal injury attorneys who have seen it all and know how to win. Please contact Wham & Rogers for your free consultation, by phone, Zoom or in person.
Underride crashes are collisions in which victims experience life-threatening injuries to their heads and torsos when their vehicles run under an 18-wheeler. This is known as passenger compartment intrusion (PCI) . PCI can result in traumatic brain injuries, decapitation, facial fractures, severe crush injuries, as well as burning to death from fiery crashes. How many people are injured or killed by underride crashes? The National Highway Transportation Safety Administration (NHTSA) estimates that since it began collecting data on underrides, there have been 7,850 side underride crashes and 8,950 corresponding fatalities, averaging 179 per year. Why are side underride collisions so dangerous? Side underride fatalities are caused because the sides of semitrailers are much higher than the bumpers, crumple zones, and restraint systems of passenger cars. When a passenger car runs under a semi, the car’s safety components do not prevent passenger compartment intrusion or protect the driver. According to the Advisory Committee on Underride Protection (ACUP) , crashworthiness research and standards are useless in protecting passenger lives due to the size mismatch between the semi-trailers and passenger cars that causes underrides. Pedestrians, bicyclists, and motorcyclists are even more vulnerable and can be crushed to death under the rear axles of large commercial trucks and trailers due to the lack of a physical barrier preventing them from sliding under tractor-trailer trucks. What are the other costs associated with side underride collisions? Not only are side underride deaths horrific, they are extremely costly. According to the ACUP, municipal emergency medical services and police incur much greater strain on resources when underrides occur compared to crashes that do not involve underride. More emergency personnel must be assigned to underride crashes for longer periods of time. The trucking industry also pays a high price for underrides, in the form of delayed delivery of transported goods, vehicle damage, civil lawsuits, loss of commercial driving license, and even jail time. ACUP found that most long-haul carriers have the ability to install underride protection systems without exceeding their weight limits. ACUP also found that physical underride guards, known as rear impact, side impact, and front impact guards, are necessary. They further found that the effectiveness of the side underride guards will be increased when combined with conspicuity tape and automatic emergency braking on trucks. What can be done to prevent side underride collisions? ACUP’s recommendations include that: NHTSA should require all new semitrailers and single-unit trucks to be equipped with side guards capable of preventing injurious passenger compartment intrusion (PCI) when struck by a midsize vehicle at any angle, at any location, and at any closing speed up to and including 40 mph NHTSA should require side guards to also prevent a pedestrian, bicyclist or motorcyclist from passing underneath the guarded vehicle in an interaction with the side of the vehicle.
Because 18-wheelers and tractor trailers weigh significantly more than cars — some weigh as much as 80,000 pounds, while passenger cars usually weigh under 5,000 pounds — big trucks can do much more damage to your car than an accident with a personal vehicle. Due to their weight, it takes significantly longer for a big rig to stop. Because of this size differential, collisions with big trucks often result in serious or even fatal injuries. A tragic accident which occurred on December 6, 2024 in Liberty County illustrates just how much damage can be caused by a big truck. An 18-wheeler driver crashed into vehicles stopped due to road construction on Highway 321 east of Cleveland, TX. The truck driver reportedly hit the brakes within 100 feet of the stopped traffic but was unable to avoid a collision. The tanker slammed into two pickup trucks, crushing them between the tanker and another 18-wheeler. At 65 miles per hour it takes a fully loaded 18 wheeler about 525 feet to stop . In this case, the truck driver reportedly did not attempt to brake until 100 feet before impact. Because the driver was reportedly traveling highway speed before he began to brake, his speed at impact was significant, as is illustrated by the damage to the two pickup trucks. Why time is of the essence when you are involved in an 18-wheeler collision When an 18-wheeler is involved in a collision, the commercial trucking company immediately hires a team of adjusters, investigators, and attorneys to help clear it from liability and reduce your damages. The defense team will be on scene, sometimes as soon as 30 minutes after the collision, collecting evidence favorable to them and taking witness statements, often in a biased manner. Sometimes, unfortunately, efforts are made to conceal harmful evidence. How is an 18-wheeler collision investigated? When we are hired for a commercial collision case, we perform computerized mapping of the crash site, download the truck's electronic control module, hire experts to address the federal safety carrier regulations that are critical to handling 18-wheeler trucking collisions and interview witnesses who saw the accident or arrived shortly thereafter. If you are injured, or a loved one is killed, in an 18-wheeler truck accident, you need a Board Certified Personal Injury Lawyer on your side, so contact Wham & Rogers right away. Our team is prepared to take quick action and get a team on the ground quickly. Our lawyers have the knowledge and resources you need to protect your rights and build a strong case. When we handle a truck accident case, we utilize state-of-the-art resources and dedicate a tremendous amount of time and energy to prove your case. Because it is important to move quickly when an 18-wheeler truck accident occurs, we offer meetings by video conference, and will conduct hospital visits and home consultations by appointment.
If you are in an auto accident, you will likely begin to receive multiple phone calls from people wanting to “help you” with your accident claim. These people may claim to be from the State of Texas, f rom non-profit organizations, the police, or may simply say they were “assigned to help you”. You may even be told that the caller "can get you $50,000." Please know these free services do NOT exist. Instead, you are being contacted by unethical people who have purchased your information and will sell your case to unscrupulous lawyers. The State of Texas does not contact you to help you with an accident, and there are no non-profits whose function is to help you after an accident. No one is assigned to "facilitate" your health care or property damage claim. These callers are with solicitation companies. Their j ob is to trick you into retaining the law firm they are working for. This practice is unethical and illegal – it is the crime of barratry . Why shouldn't I hire a lawyer who calls me? If you sign up with one of these scammer companies, you will likely be referred to an unethical attorney whose business model is geared to make a quick profit from your misfortune with the quickest, cheapest settlement obtainable. Our firm has received phone calls from multiple victims of these scams who were never able to speak with the attorney supposedly “appointed” to represent them, others who were very unhappy with the settlement they received, and even others whose settlement checks bounced. How are these scammers obtaining my information? Scammers can acquire your contact information when you or someone else calls 911 after an accident. T ow truck driver, EMS workers, police insiders, medical workers and funeral homes have all been caught selling accident victims' information to scammers. There are many third-party accident report sites that will sell your information to scammers. Government sites will not sell your information. We recommend you order your crash report from a .gov site, not a .com or .org site. How can I avoid becoming a victim of a barratry scam? The only legitimate caller to expect after the accident is an insurance company. If the caller is really with the insurance company they will be able to provide you with a claim number and the name of an adjuster. We recommend you talk with an attorney before providing a statement to the insurance company. Do not hire a lawyer who calls you, because contacting potential clients unsolicited is an illegal and unethical practice. You do not want to be represented by an attorney who engages in illegal, unethical conduct. To avoid being contacted again, tell them you already have an attorney and block their calls. How do I report an instance of barratry? A person commits barratry if, with intent to obtain economic benefit, the person solicits legal employment, in person or by telephone. Texas law allows victims of barratry to collect a $10,000 penalty for each illegal solicitation . Victims are entitled to actual damages and attorney’s fees. Call the State Bar's toll-free Grievance Information Helpline ( 1-800-932-1900 ) to report the solicitations. If you decide to pursue a claim for barratry, gather as much information about these callers as you can, the callers, the lawyers, the doctors. Record the calls, take photos or screenshots of the Caller ID, and provide it to a lawyer who handles barratry claims. This is a public service announcement. Wham & Rogers, PLLC does not handle barratry cases.
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.
While more Americans are choosing Electric Vehicles (EVs), many consumers still have concerns over reliability and safety. The powerful batteries that make EVs run are at the center of these fears, with car buyers wondering whether hybrid and electric vehicles pose an increased risk of fire and explosion. Several recent incidents in Texas have made some Houstonians worried. This July, one of Amazon’s new electric delivery vans caught fire. In March of 2023, a Houston homeowner’s garage went up in flames when the charger for his electric Audi malfunctioned . And just this month, firefighters responded too late to the burning wreckage of a Tesla Cybertruck in a Baytown , where the blaze was so intense that the license plate, VIN and victim could not be identified. But how common are electric vehicle fires, and are they really more dangerous than other cars? Read on to learn the facts. Electric Vehicles are Less likely to catch fire According to the most recent statistics, traditional vehicles with internal combustion engines (ICE) are actually far more likely to catch fire than electric vehicles , but slightly less likely to spontaneously ignite than hybrids. “Data from the National Transportation Safety Board showed that EVs were involved in approximately 25 fires for every 100,000 sold. Comparatively, approximately 1,530 gasoline-powered vehicles and 3,475 hybrid vehicles were involved in fires for every 100,000 sold.” Common causes of fire in gasoline-powered vehicles include: Collisions and wrecks Excess temperatures in hot climates Parking on top of flammable materials, like dry grass or autumn leaves Degradation of fuel lines and gas tanks in older vehicles But Electric Vehicle fires can be more dangerous While EV’s are less likely to catch fire, the intensity and duration of electric vehicle fires requires special consideration. Gasoline has a higher energy density than electric vehicle batteries, but the fuel is burned up quickly. Electric batteries have individual cells that store chemical energy, and can continue adding energy to a fire over a longer period of time. In some instances, electric vehicle fires have continued for hours despite intervention from firefighters . In Korea, a Mercedes with an NMC battery spontaneously ignited inside a parking garage caused severe smoke inhalation symptoms for residents . It’s important to note that the NMC battery used by this vehicle is a different battery chemistry than other Lithium Ion batteries employed by newer Teslas, Toyotas, and Hyundais, and this likely played a role in the ignition. “The explosion, which occurred in an underground parking garage, caused a fire that burned for eight hours. This incident resulted in significant damage to the building and vehicles, and posed a severe risk to public safety..” In response, apartment complexes and governments are considering bans on garage parking for electric vehicles – potentially limiting ownership in a country where most people live in dense urban housing. Compounding the problem are poor regulations and uneven enforcement, with many facilities lacking the automatic sprinkler systems that would be required in the United States. “My apartment’s management office informed me in late May that electric vehicles were being banned from parking on the premises.” Combating Electric Battery Fires Because of the unique challenges battery fires pose, including re-ignition after a blaze appears contained, many fire departments are developing novel techniques. While water is still recommended to prevent the spread of fire beyond the site of ignition, the water can also conduct electricity depending upon the battery chemistry. In some locations, especially away from municipal water mains, there’s simply not enough water to get the job done. One Tesla continued burning for four hours after 30,000 gallons of water was used. Some first responders are instead utilizing specialized fire suppressing blankets . Electric Vehicle Fires in Houston On July 1st, one of Amazon’s electric delivery vans caught fire in a Houston parking lot after being subjected to hours of 98 degree heat . While Houstonians may regard anything under 100 degrees as a mild summer temperature, the pressure can cause battery cells to corrode – both in internal combustion vehicles and in EVs. Fortunately the fire occurred outside, and HFD firefighters were quick to respond. The delivery vans, manufactured by Rivian, were added to Amazon’s fleet in July of 2023. How can I protect my family from Electric Vehicle fires? Understandably, questions about infrastructure availability, longevity, safety and cost are slowing the adoption of electric vehicles. Nevertheless, Americans bought over 1.5 million electric vehicles in 2023, and ERCOT expects that there will be 1 million in Texas alone by 2028 . Fires remain extremely rare, and more common in gasoline vehicles than in electric vehicles. But, if you wish to protect yourself further, make sure you follow some common sense safety tips. Make sure you park on clear, clean ground with no flammable material underneath. Maintain your vehicle and take seriously any warnings about coolant or overheating. Do not leave your vehicle running inside closed spaces or poorly ventilated areas Check the health of your battery regularly. Even if you do not drive an electric vehicle or hybrid, you should still visually inspect your battery for signs of corrosion that might indicate a leak, or irregular swelling – especially in hot summer months. While fires are rare, Texans' fears of danger in high temperatures are not unfounded. Manufacturers should do more to increase fire safety of their vehicles, increase cell resilience and adopt battery technologies that can tolerate Texas summers.
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