It is up to our community (i.e. jurors in civil and criminal actions) to decide whether or not we are going to enforce the rules that are there to protect us, our children, our families, our friends, our teachers, our neighbors. These collisions and the injuries that are caused by distracted driving are needlessly putting people in harm's way.
Austin has been plagued with more pedestrian and bicycle deaths in the last 5 months than in any other similar time period. Why is this? You might suspect that distracted driving is the cause. That is, drivers who are texting while driving, using a cell phone while driving, eating, or even changing music while they are driving the streets and highways of Austin. You're right on each count. It is estimated that 1 out of every 10 drivers on the road in the United States are texting or talking on a cell phone at this very second.
]]> Each of these activities become extremely dangerous when combined with driving. The law does not seem to be adequately reducing drivers' apparent need to text, talk while driving a car.Last Thursday morning at 7:15 a.m., I noticed the head of the driver behind me dipped down reading a text as we drove west on 6th street. I alerted my two 10 year old children who turned and reported on when the young lady stopped reading/texting to look at the road.
"Dad, she's still texting.
Still texting...
She looked up, now back to texting.
Dad, get in the other lane!"
I did get in the other lane. We watched the woman pass us (instead of potentially rear-ending us); her head was down in her phone. And then we watched her as she drifted her way all the way down 6th street to the Mopac on-ramp. A bad wreck waiting to happen.
We need stronger enforcement of the texting and driving laws. The only way that people who think that they can text a drive or handle a cell phone and a conversation and drive in our neighborhoods is to get their attention. Our community is just that, Our Community. Through the civil jury system, where We the People determine what behavior is appropriate, we can make the difference.
]]>Many Texans know this to be true, yet some have learned that being safe while on the road is one way riders can make sure that they can continue to enjoy the view. One report recently released by Texas Department of Transportation explained that 432 motorcycle riders and 48 bicycle riders died in accidents on Texas roads in 2009 -- a number that is way too high, as the families of those lost would likely believe.
In response, the State of Texas started working closely with one organization dedicated to motorcycle and bicycle safety -- Share the Road! The organization regularly hosts events dedicated to bringing safety in the culture of riders so that everyone can continue to share the passion of the open road.
]]> For example, about half of Texas riders who died were not wearing helmets, and these groups are making that known. In addition to having a good message, Share the Road! and other organizations, also sponsor events that can offer a lot of fun for riders and their family and friends alike.The importance of making safety part of the culture among riders, and even a high priority, is simple -- motorcycles and bicycles share the road with cars, and a crash between them is not a fair fight. Drivers of cars are surrounded by a steel frame that helps keep them safe. Riders, on the other hand, only have what minimal protective gear they might be wearing to protect them in a crash, which often sends them falling to the road at high speeds.
Because of this, riders carry some responsibility to help make sure they are noticed by cars on the road by following well-respected safety rules of riding and wearing appropriate protective gear such as helmets and reflective tape. After all, even if the person driving a car makes the mistake that causes an accident, the person on the motorcycle is likely to pay a higher price.
Preventing a crash is the best way a rider can protect themselves while on the open road; surviving a motorcycle accident is much harder to do than surviving a car crash.
Source: "Cycle fatalities uncommon, officials say," Amarillo Globe-News, 1/6/12
]]>The Federal Motor Carrier Safety Administration recently announced that it has decided not to change its 11-hour shift limit for truck drivers. The agency was under pressure from other government transportation agencies and some members of the public to lower the cap to 10-hour shifts, in the interest of protecting other drivers on the road from accidents.
The debate all came down to differences in perspective. Truck drivers needing to make a living in a struggling economy were opposed to the lowered cap in work hours, and those concerned about public safety - including those who have lost family members in accidents involving driver fatigue - felt that reducing their hours would make highway driving safer.
]]> After all, truck driving is among the most dangerous jobs in the country, with thousands of truck drivers killed on the job each year. How many of those deaths resulted from driver fatigue? Exact statistics are extremely difficult to pinpoint. But the agency decided in the end that the cost to save some lives was too high because the research the agency reviewed did not show that lowering the limit by one hour would make a big enough difference.Anyone who has lost a loved one in a trucking accident caused by driver fatigue would probably disagree.
Yet, the agency did make some changes to reduce the risks associated with truck driver fatigue. For example, truck drivers are now required to take 30-minute breaks and cannot work more than 60 hours in seven days and 70 hours in eight days. These changes will ensure truck drivers are not too tired while driving vehicles weighing anywhere from 4,000 to 8,000 pounds. Even if it saves one life, the family of that one life saved will find the change in the law priceless.
Source: "FMCSA may be relying on 34-hour restart, 30-minute breaks to offset 11th-hour risk" TheTrucker.com, 12/30/11
]]>Source: "Pet Auto Safety: Safe Restraints for Pets Riding in Cars," petside.com
]]>Texas may be in no hurry to follow the new recommendation, and it is not in favor of banning the use of all electronic devices by drivers in all circumstances. However, state laws have been passed that ban cell phone use and texting in school zones, as well as by beginning drivers.
Representative Elkins also does not rule out passing a future ban on handheld devices while allowing drivers to continue to use hands-free devices in their vehicles, but a complete ban on all devices, such as the one newly-recommended by NTSB, does not seem likely.
Source: "Texas not likely to follow feds' call to ban cellphone use while driving," chron.com, 12/14/11
]]>The bill has been referred by the committee to the entire Senate for consideration. If the bill is approved by the Senate, it must then be sent to the House for the same process. If it passes both houses, it is then sent to the President, who has the option of signing the bill into law or vetoing the bill.
]]>It needs to be better understood, however, what a blood alcohol content (BAC) of 0/08 percent really means. It functions as a threshold intoxication level for criminal consequences. But it certainly doesn't imply that a blood-alcohol content reading below the cutoff is safe.
A better understanding of this fact will help shed light on the causes of many alcohol-related accidents.
A recent study published in Addiction, an academic journal, provided quantitative evidence that even consuming a relatively small amount of alcohol - one beer, for example - is statistically associated with an increased risk of injuries and death.
The study was done by two researchers at the University of California, San Diego. They used data from a database called the Fatality Analysis Reporting System (FARS). This database tracks car accident fatalities, with information about BAC in increments of 0.01 percent.
]]> The researchers looked at fatal accidents between 1994 and 2008. Nearly 1.5 million (1,495,667) people were in the database for those years.The findings were that even when drivers were not legally intoxicated but were"buzzed" - with a BAC of just 0.01 percent - they were involved in accidents that were significantly more severe (37 percent more severe) than accidents involving drivers who were completely sober.
Buzzed drivers, the research suggests, are more likely to speed. When two vehicles collide, the buzzed driver is also more likely to be driving the "striking vehicle" than a sober driver.
Source: "Driving While Buzzed: No Amount of Alcohol Is Safe Behind the Wheel," Time, 6-22-11
]]>Seeking to prevent Texas car accidents, the Arlington City recently voted to enact an ordinance prohibiting the use of cell phones for all uses other than phone calls. Violating is a Class C misdemeanor that will be punishable by a $200 fine.
Prohibited activities include not only texting, but also tweeting or using other mobile applications while driving.
Austin led the way among Texas municipalities on restricting texting behind the wheel. The citywide ban in Austin took effect on January 1, 2010. Like the Arlington ban, the Austin ordinance includes other activities besides texting. It also prohibits tweeting, e-mailing and Web searches by drivers of motor vehicles.
In Arlington, the vote on a texting driving ban was close. Five council members voted for the ban and four were opposed.
]]> Those who were opposed to the Arlington ordinance cited potential enforcement problems. For example, someone looking down might be scrolling through contacts on a phone - which is legal. Police officers will need some training to distinguish those situations from those in which someone is actually texting or e-mailing.Police officers will still need probable cause of the occurrence of a violation before they can stop someone. Arlington will also embark on a public education initiative to inform motorists of the ban.
Source: "Arlington council votes to bar texting while driving," Star-Telegram, 9-13-11
]]>The critics included members of Congress. Representatives Peter DeFazio of Oregon and Duncan Hunter of California expressed doubt that U.S. regulators will be able to adequately inspect and monitor Mexican trucks. Those inspections, after all, are important in preventing truck accidents.
Mexican trucking companies who want to be in the program are required to submit an application to the Federal Motor Carrier Safety Administration. FMCSA administrator Anne Ferro says that agency will conduct a thorough inspection of each truck and truck driver seeking to participate.
This will include a review of drivers' records. Mexican drivers will also have to be in compliance with American limitations on the number of hours that drivers can spend on the road within given time periods.
]]> Ferro points out that the program is an extension of the North American Free Trade Agreement that was approved in the 1990s. "The United States is obligated under NAFTA to lift geographic limitations on trucking," she said. We fully comply with every aspect of the law."Still, concerns remain. It remains to be seen whether proper safety inspections will occur in both countries. And the stakes are high, as even a cursory look at the data suggest. Over 3000 people are killed nationally every year in large truck accidents, and over 50,000 are injured.
Source: "Mexican trucks to haul freight on U.S. roads," USA Today, 8-2-11
]]>Moderate to severe traumatic brain injuries often show symptoms that are even more troubling. According to the Mayo Clinic, these can include extreme confusion, prolonged feelings of nausea, and loss of bladder or bowel control.
The latest research finding is that traumatic brain injuries can also increase the risk of suffering a stroke. A study conducted in Taiwan found that people suffering from TBI were at heightened risk of having a stroke for as long as five years.
]]> The increased risk of stroke in the first three months after suffering traumatic brain injury was a factor of 10. The findings were reported in Stroke, an online professional journal published by the American Heart Association. The study in Taiwan upon which the findings were based involved over 23,000 people who had been diagnosed with TBI.Motor vehicle accidents are a frequent cause of brain injuries and other serious injuries. Such injuries can also occur in slip and fall cases and other types of accidents.
If you have been in an accident that caused a head injury, it's important to have it checked out carefully. It's also important to keep monitoring your condition after the accident. This is because many of the symptoms of brain damage may be readily apparent.
Source: "Head Injury Bumps Up Sroke Risk," Medpage Today, 7-29-2011
]]>In Texas, one-third of all fatal motorcycle accidents happen when a passenger vehicle turns left in front of an oncoming motorcycle. Drivers of the cars often claim that they never saw the motorcycle before the collision. But could it be that they aren't looking closely enough?
Even as fatal crashes overall have declined in Texas, motorcycle crashes involving the death or serious injury of the cyclist are on the rise. One reason is that more and more Texans are riding motorcycles: The number of cycles registered in Texas more than doubled in the decade between 2000 and 2010, from about 180,000 to nearly 425,000.
Seeing them is saving them
Motorcycles have the same rights on the roadway as any other motor vehicle, but they can be harder to see because their profile is so much smaller than a car. The Texas Department of Transportation launched a campaign as part of its Share the Road Initiative, asking drivers to "Look Twice" for motorcyclists at intersections and before changing lanes on highways.
]]> The department also recommends these tips for safely sharing the road with motorcycles:•· Don't follow a motorcycle too closely. The rider may need to maneuver around wet patches, potholes or other obstructions, and you need time to figure out what they're doing so you can react. Is that cyclist changing lanes or just swerving around that puddle?
•· Don't try to use part of a lane being used by a motorcycle as a passing lane or for any other purpose. Give the cyclist the full width of his or her lane for safety.
•· Use your directional signals before changing lanes or turning to give motorcyclists time to react.
•· Look twice - at least - before turning or passing when you think a motorcycle might be behind you. Because they're smaller, motorcycles don't always appear in your review mirror.
Source: www.looklearnlive.org
]]>You may have just spent the last week in the orthopedic wing of your local hospital. You may have just taken a pain pill. For certain, you feel like you have just been hit by a truck. The phone rings. The last thing you need right now is a telephone call from an insurance adjuster who "just needs a little information from you." It is an insurance adjuster wanting to take a recorded statement from you about the wreck. "If you want us to arrange a rental car for you, you must give us a recorded statement." Bam! You're about to be knocked out.
Insurance adjusters are almost always not on your side. Their jobs are to determine if coverage applies (i.e. they will try to find out if coverage does NOT apply to you for whatever reason). The questions that they ask are geared to help the insurance company avoid coverage or to create liability on you, if possible, or if coverage does apply, the questions are geared toward minimizing your damages.
For example, injuries are not always apparent the day after the collision; injuries sometimes become apparent a week or more later. If an insurance adjuster is able to get a recorded statement from an injured person the day after the wreck that says the person is "fine" then if a muscle injury resulting from the collision become apparent the following day or later, the carrier is going to deny the claim due to the claimant's statement the day after the wreck that they were "fine." Is this fair? No. Do insurance companies encourage their adjusters to use this kind of tactic? Yes.
There are instances that I have heard of where the Progressive Insurance SUV pulls up to the wreck before the cars are even towed from the scene, and offer $500 to the injured person "just to get them a little cash to help pay bills- just sign here." The injured person is signing a Release cutting off any further damage claim before their injuries are ever evaluated by a doctor.
Whether you have received connective tissue injuries or severe orthopedic injuries after an auto collision or a motorcycle accident, you need to talk to an educated professional before you start dealing with an experienced insurance adjuster.
Talk to an attorney who you know is on your side. An experienced personal injury attorney can and will talk to you about insurance company tricks that are used to deflect liability and to minimize your damage. Why talk about an accident, when in reality it was a collision that was caused because the other person violated the number one driving safety rule: keep your eyes on the road when driving.
My children have grown up in a world in which they have seen first hand what a personal injury attorney does. what I do for a living. If you ask them what a lawyer does, they will respond, "Lawyers help people." I can't talk for the guys on TV who promise buckets of money for seemingly little or no injury. I don't know what kind of people pursue lawyers like that, but what I do know is that there are a lot of good lawyers out there doing good things for good people who have been injured and don't know what the playing field looks like until it's too late. In order to effectively deal with a professional insurance adjuster, you need someone on your side who will handle them while you focus on healing from your injuries.
- Len Gabbay, Austin , Tx
]]>The need for a reminder about the dangers of dog bites and other animal attacks is especially important in Texas. According to data from State Farm insurance, Texas was in the top 5 states for number of dog bite claims in 2010.
Overall, there were 33 fatal dog attacks around the country last year. Twenty of these deaths were of young children. Statistics show that 60 percent of all victims of dog bites are children under 12.
Clearly dog owners need to be more careful in restraining their dogs. Most of us have heard the oft-repeated line by a dog owner, when their barking dog approaches us, "Oh, but he doesn't bite."
]]> But dogs do bite - and not just big dogs, like pit bulls or Dobermans. Little dogs, such as Chihuahuas, but too. A dog's propensity to bite depends on many factors, including both nature (heredity) and nurture (socialization, proper obedience training).Dog owners need to be more responsible in protecting other people, particularly children, from being bitten. Bad bites often leave lasting scars. And the emotional trauma of an attack, especially for children, can be long-lasting as well.
If you have been injured by a dog bite or other animal attack, contact me to discuss your legal options. As an experienced Texas personal injury lawyer, I can help you pursue proper compensation for the injuries.
]]>Drivers should be getting used to the site of motorcycles on Texas roads and highways. After all, there are nearly one million riders in our great state. According to the Texas Department of Public Safety, the number of licensed motorcyclists is 961,682. And the number continues to increase.
Over 37,000 students took Texas Motorcycle Operator Training Program courses last year. This is an indicator of how serious most motorcyclists are about safety.
What about car drivers, though? Far too often, they claim that they didn't see motorcyclists in time to prevent any accident. In fact, passenger car drivers tend to do this even when the accident was caused by their own inattentiveness
]]> For example, on March 17, a 25-year-old motorcycle rider named Zacharie Perez was rear-ended by a car on the North Texas Tollway. The occupants of car were reportedly "dancing in their seats, acting like fools," according to Perez, who had passed them earlier.Perez spent five days in the hospital after the collision and lost his spleen. He is glad to be alive, but concerned about the possibility of chronic back pain caused by the accident.
If you have been injured in a motorcycle accident, contact me to discuss your rights.
Source: "Texas DPS reminds that May is National Motorcycle Safety and Awareness Month," Dallas News, 4-25-11
]]>We also know that keeping you informed about the legal process will help you make better decisions about your own case. This Blog page is intended to serve as a forum for discussing case law and relevant court decisions in the legal areas of personal injury and wrongful death law. Periodically, we will update the information and Blog topics, so please return often to see our most current post and comments.
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