The voluntary guidelines were the first in a three-part guidelines series. The second round of guidelines will address cell phones and the third will address voice-activated systems.
]]> The Consequences of Distracted DrivingAccording to the NHTSA, more than 3,000 people died as a result of distracted driving last year. Some of those accidents were caused by drivers speaking with passengers or reaching for something in the car. Others were caused by cell phone use and in-car distractions.
Car companies argue that distracted driving car accidents could increase if navigation and other center stack tools are removed, forcing drivers to use their cell phones as navigation tools. However, they are looking into solutions that allow voice-recognition systems in place of tools that take a driver's eyes off the road.
USA Today quotes the NHTSA chief, David Strickland as saying, "Drivers who talk, text or multitask need to be reminded they are not special." In fact, while 90 percent of drivers surveyed by Consumer Reports said that texting while driving is dangerous, more than a quarter of respondents said that hasn't stopped them from using cell phones while driving.
Source: USA Today, "NHTSA Defends Anti-Distraction Rules That Limit In-Car Tech," Jayne O'Donnell, Mar. 12, 2012.
]]>The accident occurred when the driver lost control of the truck while driving down the westbound I-635 ramp. The truck crossed three lanes of traffic on the tollway. It then fell onto a car and pushed an SUV into oncoming traffic.
The drivers of the car and SUV have non-life-threatening injuries. They will likely be able to hold the truck driver and/or his or her company responsible for the Dallas truck accident through personal injury lawsuits.
]]> Truck Driver NegligenceSemi truck drivers can be some of the safest drivers. A lot is at stake - they are driving the largest vehicles on the road, usually as employment. To get into an accident means potentially putting lives, as well as their jobs, at risk, especially if they cause the accident.
Yet, while there are many incentives to drive safely and the Federal Motor Carrier Safety Administration (FMCSA) has truck driver regulations in place to prevent serious semi truck accidents, many truck drivers still make poor choices. Others feel pressured to speed and ignore FMCSA hours-of-operation regulations because of their companies' unrealistic expectations and competitive schedules.
When a truck driver drives negligently, someone injured by that negligence can bring a personal injury claim against the driver and, in many cases, his or her trucking company. Because of the potential for multiple defendants, truck accident lawsuits can be complex, involving extensive evidence.
In order for a trucking company negligence claim to be successful, a plaintiff may need to trace the ownership structure and prove that there is some causal connection between the accident and the trucking company's negligence, such as:
Source: WFAA.com, "Investigators Say 18-Wheeler at Fault in Tollway Accident," Shannon Powell, Feb. 24, 2012.
]]>The city of Dallas, however, has acknowledged that the improvements will not be able to move forward as planned, at least at this time.
]]> In 2011, the city unveiled plans to improve the safety of its streets by adding hundreds of miles of bike lanes. However, late in the year the city announced that it did not have the money needed to complete the project - an estimated $16 million. While city officials are working with the budget to try to find the needed money, an article by Dallas television station WFAA notes that officials may need to seek donations in order to complete the project.Sadly, a bicycle accident on the Jefferson Boulevard bridge south of downtown Dallas in January 2012 highlights the need for these safety upgrades. Traveling on the bridge on a Saturday afternoon, the 32-year-old cyclist was stuck by a motorist and sent to Baylor University Medical Center with injuries. The cyclist's wife was quoted by WFAA as saying that doctors expect her husband to fully recover after undergoing therapy.
According to the Texas Department of Transportation, in 2010, the most recent year for which information is available, 42 bicyclists were fatally wounded in accidents on Texas roads; promisingly, this represents a 13 percent decrease in the number of accidents since 2009. Additionally, 354 pedestrians lost their lives in accidents.
Source: WFAA, "Accident Raises Urgency for Bike Lanes in Dallas," Jonathan Betz, Jan. 15, 2012.
]]>The Dallas Morning News also pointed out that legislative changes have undermined the role of Dallas nursing home abuse lawyers as nursing home watchdogs. Texas lawmakers have also reduced fines and implemented "industry-friendly" oversight policies.
]]> Texas Is Not Doing Enough to Stop Nursing Home Abuse and NeglectAmong the reporter's discoveries:
The potential for an unsupervised or neglected nursing home resident to suffer from bedsores, pressure ulcers or broken bones due to a fall is the reason why society holds nursing home owners to standards in the first place. Even worse, those who suffer physical, emotional or sexual abuse due to institutional cruelty are terribly disserved when administrators fail to properly screen applicants for nursing home jobs.
Under such conditions, prevention of nursing home wrongful deaths and other tragedies is more difficult than ever. Experienced and aggressive representation by a Texas nursing home neglect lawyer remains the last hope for justice for many elder abuse victims and surviving family members.
Source: Dallasnews.com, "Texas Steps Back From Stiffest Punishment of Lax Nursing Homes," Robert Garrett, Nov. 12, 2011.
]]>The National Safety Commission also reports that Thanksgiving is the deadliest holiday period of the year - in 2008, for example, 389 people were killed and thousands were injured in Thanksgiving motor-vehicle accidents, or accidents from 6:00 pm on the Wednesday before Thanksgiving to midnight on the Sunday after Thanksgiving.
]]> A couple of reasons why Thanksgiving weekend is such a dangerous time for traveling by car are that so many people are on the road, and many are trying to travel long distances after working all day on Wednesday. This leads to extended and frustrating traffic congestion, which may cause drivers to continue driving at night or when tired. It also may lead drivers to take risks they might not otherwise take to get to their destinations as soon as possible. Studies show that fatigued drivers' reaction times can be even slower than drunk drivers' reaction times, increasing the likelihood of an auto accident.Many drivers also wait to go home until Sunday evening, amid the same traffic conditions. In addition, eating big meals of turkey leftovers and drinking beer during Sunday's football games also increases the risk of being in a Thanksgiving car accident.
To arrive safely at your destination this Thanksgiving, follow these tips from the National Safety Commission:
Planning for safe travel can help you make your holidays as enjoyable and stress-free as possible.
Source: The National Safety Commission, "Thanksgiving Traffic Safety," Nov. 17, 2009.
]]>Adding to the tragedy is the fact that the boy's life may have been spared had his father taken appropriate safety precautions. Local news reported that the boy was not in a child safety seat at the time of the crash.
Texas, like many other states, requires all children who are either age seven or under or less than 57 inches tall to be properly restrained in a child safety seat at all times.
]]> Car Seats Save LivesThese laws come with good reason - child injuries in car accidents are the leading cause of death for young people in the United States. Texas has more of these fatalities than any other state in the nation. In 2008, motor vehicle accidents killed 87 Texans under the age of seven.
Child safety seats go a long way to reduce a child's risk of fatal injury. According to the National Highway Transportation Safety Administration (NHTSA), the seats reduce a young child's chance of death by between 71 and 54 percent, depending on the type of vehicle and the age of the child.
Safety Seats Should Grow With the Child
However, not just any car seat will do. It's important that parents choose the correct seat for their child's age and size. The NHTSA has provided the following guidelines:
Car seats only work if they are installed and used correctly. Parents should make sure to read the instruction manual and ask for help if they need it.
Car seats aren't only the law - they can mean the difference between life and death for your child.
Source: Austin American-Statesman, "3-Year Old Killed, Two Others Injured in Crash," Sept. 27, 2011
]]>This particular Texas motor vehicles accident brings up many legal issues.
Who is responsible for the injuries and deaths caused in the fatal car accident? What compensation will the victims and the victims' families be able to recover? And what will happen to the drunk driver who ran into a parked police car while police were investigating the accident?
]]> The first issue involves personal injury law and the fatal Texas truck accident. According to witnesses, the driver of the truck was racing a car on I-10 immediately before the accident. The truck rolled over multiple times after the driver attempted to pull onto - and then swerve off of - an exit ramp while speeding. The two men riding in the truck were not wearing seatbelts and were ejected from the truck as it rolled over. One died shortly after the rollover accident and the other man remains in critical condition.The family of the passenger may be able to bring a personal injury lawsuit against the driver for driving negligently and recklessly.
The second issue involves the drunk driver. He ignored road closure signs and drove straight into a police car and another car merging nearby. No injuries were reported in this drunk driving accident. The drunk driver (and his insurance company) will likely be responsible for property damage to the two cars. He may also face criminal prosecution for driving drunk, which can have serious consequences, including license suspension, time in jail and large fines.
Source: El Paso Times, "Man Arrested After Crashing Into Police Car Near Scene of Fatal Accident," Adriana M. Chavez, Sept. 27, 2011.
]]>State officials, legislators, Dallas motor vehicles accident attorneys, truck drivers and others debate whether changing the speed limit on Texas roads will lead to more accidents.
]]> The Dangers of Higher Speed LimitsAccording to a 2005 study by the Insurance Institute for Highway Safety, the risk of an injury crash increases exponentially with increases in speed limit. The faster cars and trucks travel, the harder it is for them to slow down for turns, traffic stops and exits.
When the national speed limit was reduced to 55 mph in 1974, traffic fatalities declined by 16 percent in just one year. When the national speed limit law - NMSL - was repealed in 1995, states that increased highway speed limits saw an increase in car accident injuries. Even an increase in 5 mph, especially at speeds as high as 70/75 mph, can lead to an increase in fatal and injury-causing auto accidents.
The changes in nighttime speed limits and truck speed limits also pose safety questions. While Texas safety officials believe that safety will actually improve because speed limits will be more consistent, truck accident attorneys feel differently. Eliminating the truck speed limit inevitably means that truckers will drive faster. The faster a truck is going, the more distance it needs to stop. Factor in limited visibility during the night and you have a potential recipe for an increase in serious and fatal truck accidents.
In the next few years, TxDOT will evaluate thousands of miles of highway to determine whether it is safe to increase the speed limit from 70 mph to 75 mph. However, the new speed limits will not go into effect until new signs are in place. TxDOT estimates that nighttime speed limit signs and truck speed limit signs will be removed by the end of this year, while we can expect changes in highway speed limits by the end of 2013.
Source: KDAF-TV, "Critics Fear More Fatalities as Texas Preps to Do Away With Lower "Night" Speed Limits," Dawn Tongish, August 30, 2011.
]]>In Texas alone, motorcyclist fatalities accounted for 14 percent (434) of all traffic crash fatalities in 2009. Another 5,800 motorcycle riders suffered serious injuries that year. TxDOT has estimated that, if drastic safety reforms are not implemented soon, the state's motorcycle fatality toll will double within the next four years.
]]> "We know that 66 percent of motorcycle crashes result in death or serious injury for the motorcyclist," said Carol Rawson, Traffic Operations director for TxDOT. Rawson commented that motorcycle safety is important now more than ever "as more and more people turn to motorcycles for affordable transportation and recreation."Along with the rest of the country, Texas has seen a huge increase in the number of new motorcyclists. The number of registered motorcycles in Texas has reached almost 423,000, more than double the number of bikes in the state ten years ago. Traffic analysts believe that spiking fuel prices have prompted many passenger vehicle drivers to make the switch to an economical motorcycle.
Unfortunately, many of these new riders are inexperienced and can be at risk for serious accident injuries.
According to TxDOT, going through intersections and changing lanes are the deadliest moments for motorcycles. Many motorcycle accidents are caused by other drivers' failure to watch for bikers on the road. Accustomed to larger vehicles, drivers may not take the time to look over their shoulders or around the corner for the smaller, less-visible motorcycles.
Severe Head Injuries in Motorcycle Accidents
Motorcyclists should wear a helmet at all times. According to the National Transportation Safety Board, severe head injuries are the leading cause of death in motorcycle crashes. Studies have shown that helmets are 37 percent effective in preventing fatal injuries.
In 1997, helmet laws in Texas changed to only require certain motorcyclists (those under 21 and those without $10,000 in insurance) to wear helmets. After the legislative change, helmet use dropped by almost a third and motorcycle fatalities rose by 31 percent.
]]>In Texas alone, there were more than 330 DUI-related auto accidents in 2010. This year, the Texas Department of Transportation increased DUI patrol on its highways during the Fourth of July holiday in hopes to reduce that number. Its "No Refusal" campaign (which ran from July 1st through July 5th) led to the arrest of 45 drunk drivers in Dallas alone and hundreds across the state. This drunk driving campaign was focused on getting blood samples from drunk drivers who refused to take a breath test.
]]> The first of its kind in the nation, the campaign was successful in reducing the number of drunk driving accidents and DWI-related fatalities.Anyone who has been injured or lost a family member in a drunk driving accident knows that "accident" is a misnomer. When someone decides to drive drunk, he or she puts everyone else at risk. Unfortunately, an injured party must take part in two different types of cases - a criminal DWI case and a civil personal injury case - in order to hold the drunk driver fully responsible for his or her actions. The criminal case can send a drunk driver to jail, but it is the personal injury case that allows a plaintiff to recover compensation for his or her injuries.
If you have been injured in a drunk driving accident on Independence Day or any other day of the year, contact an experienced Texas DWI accident lawyer.
Source: The Deadliest Weekend for DUIs
]]>The same report lists Houston and Dallas-Fort Worth among the top ten most dangerous metropolitan areas in the country for pedestrians. A key reason for this designation involves the way the roads are set up, often without the signals and sidewalks that pedestrians need to stay safe. In fact, most pedestrian accidents occur on roadways without these pedestrian aids.
]]> While smaller communities continue to build pedestrian-friendly roads, there is a push in the U.S. Legislature to take away funding that encourages the construction of safer streets. At the same time, AARP and other organizations are calling for legislation that commits to safe streets for all pedestrians, including older adults that often need more time to cross the street than crossing signals allow.There are many ways to increase pedestrian safety. First, federal, state and local governments must continue to fund efforts to build pedestrian-friendly streets. Second, we must raise awareness of the danger that pedestrians face and the number of serious and fatal pedestrian accidents that occur every year. Finally, drivers must keep an eye out for pedestrians at all times.
If you have been injured or have lost a loved one in a Texas pedestrian accident, you may be able to recover compensation through a personal injury lawsuit. Contact an experienced personal injury lawyer near you to learn more.
]]>Anne Fleming is a spokeswoman for the Insurance Institute for Highway Safety. As AOL News reports, Fleming said, "This is a settled issue. When you raise speed limits, you have more accidents. Some people get where they're going faster, but some people will die."
]]> But Mikel Strickland, the Ward County sheriff, told AOL News, "We're really rural, so a lot of 'em are already driving 85 anyway." He does go on to caution, though, that if the speed limit is raised to 85 miles per hour, drivers will just go 90 miles per hour.AOL News reports that the speed limit in Texas is already one of the highest in the U.S.
Many drivers may not see any problem with raising the speed limit, especially in rural areas. But the greater the car's speed, the quicker a driver must react to changing conditions. It takes but one second, a flash of poor judgment, to get involved in a bad car crash. The faster cars are traveling, the worse any given accident is likely to be.
Source: Texas Speed Limit May Reach 85
]]>As reported by Austin KCBD News, Alex's mother Jeanne Brown said, "The same part of our brain that we use to evaluate our driving situation, when to speed up, slow down, or change lanes, is the same part of our brain that we use to read, evaluate, and respond to text messages. And our brain can't multi-task."
Jeanne goes on to say, "I do hope the bill passes and I hope it's enforced very strictly in our community and on the highway, because that's the only way it's going to make a difference."
Jeanne is correct in her take on the possible distracted driving law. It should not only be enforced, but should be made a primary offense. Many legislatures in other states that have passed laws against texting while driving make the law a secondary offense, meaning that police officers cannot pull the driver over and cite the driver for texting while driving unless the driver first commits a primary offense, like speeding.
]]>The study highlights three main areas of concern, including the length of time it takes to develop mesothelioma after asbestos exposure, the characteristics of mesothelioma patients, and the survival rate after acquiring the disease.
Length of time: Mesothelioma generally takes a very long time to develop in a patient after exposure to asbestos. It took nearly 50 years on average for the 238 patients involved in the study to develop mesothelioma.
Characteristics: Because it takes so long to develop, mesothelioma is primarily a disease that affects older people. The average patient was 70 years old.
Survival rate: The patients in the study tended to live for 8.8 months on average after diagnosis - not a very good survival rate.
]]>But often employees are injured by the act of a third party-not the employer directly. When these individuals cause injuries to workers, the workers are not necessarily limited to workers' compensation. The worker may bring a work-related personal injury lawsuit against the third party who caused the injury, which can greatly increase the compensation available to those who have been injured.
]]> At the Workers Compensation Research Institute's (WCRI) Annual Issues and Research Conference, participants from several different states discussed some of the challenges facing the workers' compensation system. One of the major issues concerns the difference in illness and injury rate between private and government employees. The U.S. Department of Labor reports that 2010 was the first year where government employees exceeded the injury and illness rates of private employees.Certain occupations also received significant attention at the conference. Oil rig workers and miners both had high-profile accidents in 2010, again stressing the dangers of those who work in these fields. This has led to a call for safer conditions for these employees, hoping that it will help cut down the number of deaths and serious injuries that occur every year.
One major issue for injured workers, especially those in Texas, concerns the remedies provided by the workers' compensation system. The system limits damages available to those who are hurt on the job. Employees are not able to bring personal injury lawsuits against their employers for injuries sustained while working, meaning that compensation is limited to amounts provided for in the statutes.
An experienced attorney can explain more fully the difference in these types of claims. It is crucial to have this discussion as soon as possible after your injury; significant delay can seriously damage your ability to bring a successful claim.
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