Exhaustion can be dangerous, particularly when it affects the capabilities of a commercial driver. A recent study surveyed truck drivers and asked them questions about sleep and how their sleeping might impact their work. The results of the study suggest that truck accidents are in the future for Texas and the rest of the U.S. unless changes are made within the commercial trucking field.
]]> The following points were revealed by a poll conducted by the National Sleep Foundation:It's one thing for a truck driver to be too tired to drive due to his individual choices. When it is supposedly the rules and schedule norms of their employer leaving them too tired, however, it is time for the public to seek change.
Part of being an ethical business and employer is keeping your workers safe, as well as the public. Why should it remain acceptable to allow drivers to be behind the wheel of the heaviest vehicles on the road when doing so puts not just the drivers but all who share the roads with them at risk of being injured or killed in a truck accident?
Source: CBS 7 News, "Is Fatigue Possible Factor in 18-wheeler Crashes in West Texas?" Gary Hinterlong, March 26, 2012
]]>According to a Canadian study of traffic safety in the U.S., tax day could also take on a different name here: crash day. Compared to the average rate of fatal car accidents in the U.S., the rate of fatal crashes is 6 percent higher on the last day that taxes are due.
]]> What does that mean for you? Well, it means that tomorrow when you are on the roads, you might want to be especially cognizant of others who are driving around you. Proceed with caution, and even avoid driving if possible.Safety advocates encourage drivers and all passengers to be especially vigilant about buckling their seatbelts tomorrow. Many people still file hard copies of their taxes and rush to a post office to get the documents in the mail on time. More speeding and general recklessness will taint the roads tomorrow.
It's natural for tax day to create more stress and worry in people's lives. But stress and worry do not excuse careless driving. If someone gets injured or killed in a car accident, the victim, his family or a court is not going to care that a driver was hurrying in order to file his taxes.
Tax day should come as no surprise to Americans. This traffic safety study suggests that taxpayers need to improve their planning and timing around filing in order to create safer roads.
Source: Reuters, "Another grim link between death and taxes: fatal car crashes," April 11, 2012
]]>Driver safety needs to improve among all drivers, including those who drive cars and those who drive motorcycles. When so many fatal motorcycle accidents happen because of the negligence of the non-cyclists, however, it's clear that standard drivers need to better understand their role in preventing traffic fatalities involving motorcycles.
]]> The Texas Department of Public Safety is not blind to the reality that standard drivers need to improve their driving habits around motorcycles. And how could they be blind to that fact? They know all too well that a significant portion of motorcycle accidents happen when car drivers fail to yield properly and then recklessly take left turns in front of motorcyclists.Motorcycle accidents in Texas and across the country most commonly occur at intersections, when a driver makes an irresponsible and potentially fatal turn in front of a motorcycle that they never even saw until it was too late. This knowledge supports a Texas motorcycle safety campaign that warns drivers, "Look twice for motorcycles. Seeing them is saving them."
In 2010, motorcyclist fatalities accounted for 14 percent of traffic fatalities in Texas. If more drivers begin to see motorcyclists, as the campaign encourages, 2012 will hopefully allow more motorcyclists to enjoy their passion and travel without such a constant fear that it could be their last ride.
Source: KXAN, "TxDOT motorcycle safety campaign begins," John Bumgardner, April 8, 2012
]]>In the college environment there are many new opportunities and new people and places. It's hard for young adults to navigate the newness responsibly, and parents can't protect their kids from every danger. One family is suing a Texas bar, fraternity and more parties for the wrongful death of their 19-year-old daughter, whom they believe would be alive if it weren't for the irresponsible distribution of alcohol on the night she died.
]]> According to The Huffington Post, the teen victim was visiting her boyfriend and partying with his fraternity before she died on March 21, 2010. She and some members of her boyfriends' fraternity had gone to a bar, where she was allegedly served at least 10 servings of alcohol.Not only is that a seemingly excessive amount of alcohol for a bar to serve someone, but this victim was underage. She shouldn't have been allowed to drink anything in the establishment. The family wants the bar held accountable, as well as their daughter's boyfriend and his fraternity. They argue that the 10 parties named in the wrongful death lawsuit could have reasonably prevented their daughter's death.
An interesting aspect of the case is that an autopsy report indicates that the young victim died as a result of a heart issue. The report did not directly connect the girl's death with alcohol. Our Texas source doesn't include comments from the plaintiffs regarding that detail, but that point could make for a more difficult fight on the part of the girl's mourning family.
Source: The Huffington Post, "Megan Helal's Parents File Lawsuit For Baylor Fraternity Wrongful Death," Tyler Kingkade, March 22, 2012
]]>According to research of 2011, there were 361 fatal car accidents in Texas that were connected to inattention. There are various causes of inattention, but an obvious cause is the cell phone. More and more, people are addicted to using their phones out of convenience, but that convenience needs to remain reserved for non-driving times in order to prevent distracted driving accidents that plague the roads.
]]> In 2011, a federal rule was passed to reduce the number of truck accidents and other commercial vehicle accidents. The law prohibits commercial drivers from using hand-held devices behind the wheel while on the job. The impact that accidents involving trucks has on the other drivers and passengers involved is significant, thus the new traffic law.But now that the commercial driving law has been passed, this awareness month has traffic safety advocates questioning whether the law against using hand-held devices should be applied to all drivers in Texas. A representative from Odessa College of Professional Truck Driver Training suggests, "If the rule is good enough for professional drivers, then the rule should be good enough for all drivers."
Whether we drive an 18-wheeler for work or a Honda Accord to the grocery store, all drivers share the roads with others and have a duty to exercise responsibility. But passing a statewide ban on distracted driving in Texas has been tried and defeated, so other avenues besides new laws must be tried to reduce accidents. This month aims to raise awareness and have the reported one in 20 Texas drivers who use their cell phone behind the wheel reconsider the need to check or send that text message while driving.
Source: Odessa American Online, "TxDOT launches awareness campaign," John Corrales, April 4, 2012
]]>While there is likely no end in sight for the grief that the officer's friends, family and community will endure, it is important that the accident leads to action as well. An investigation into the wreck that occurred at an East El Paso intersection is underway.
]]> So far, reports indicate that the fatal crash occurred while the officer was responding to a call. He reportedly had his warning devices running in order to alert cars to his presence, but at least one driver didn't seem to notice or care. He reportedly didn't care about another important traffic law, either.The driver of a pickup truck ignored the red light at the intersection, causing the severe accident between the truck and the trooper. The 18-year-old driver and his passenger were injured but not critically, unlike the trooper. Now the teen driver may have to answer for his role in the deadly crash.
The ongoing investigation will provide the necessary information to determine whether criminal charges will be filed following the fatal accident. Authorities will want to figure out whether the driver was under the influence of drugs or alcohol and also collect as much witness information regarding the circumstances leading up to the collision.
When there are developments in this matter we will post an update.
Source: El Paso Times, "DPS: Pickup that hit trooper in East El Paso ran red light," Daniel Borunda, April 3, 2012
]]>A Texas community is struggling with this devastating reality, after a 28-year-old mother and her 10-year-old daughter were killed in a DWI accident last Thursday morning. The drunk driver survived the crash. And, in fact, it sounds like the man has had a string of luck related to drunk driving in his past.
]]> According to reports, last week's fatal accident wasn't the 25-year-old driver's first time drinking and driving. His criminal record shows that he had been arrested for drunk driving two times before, once in 2006 and the other in 2008.His arrests and sentencing apparently weren't enough to deter him from repeating his past mistakes. And this time, it's not just him who will pay for his recklessness. The mother and daughter victims paid with their lives and leave behind friends and family who have to live with this preventable loss.
The driver will face criminal charges following the fatal accident, but no sentencing or even potential damages that any surviving family could get out of a wrongful death lawsuit will take back what happened. Any measure, however, that can keep the spotlight on the dangers of drunk driving and how ineffective this man's past sentencing has been in creating a safer community might be worthwhile.
Source: San Antonio Express-News, "Mom's death stuns friends," Eva Ruth Moravec and Michelle Casady, March 23, 2012
]]>Somehow, the driver drove off of the roadway, likely due to poor visibility. The van went into a pond off of the road, and neither the driver nor his son survived the accident. It's natural to blame nature for this fatal accident, but residents in the Texas town suggest that a lack of safety measures contributed to the wreck.
]]> Residents in the neighborhood where the accident occurred blame the lack of a barrier between the curvy road and the water for allowing such devastation to occur. It's reportedly been a dangerous stretch of road in the community that could easily be made safer by putting more than a sidewalk between the street and pond.Often, car accidents will lead to a legal fight against another driver, but there are times when that is not the case. Local governments have a responsibility to create safe roads for residents and address any obvious safety concerns if there is a reasonable threat that exists. If, in fact, the lack of a barrier has resulted in various accidents (which our source does not disclose) it's important for the community and for any surviving family of the crash victims to fight for increased safety measures.
More effective laws and safety improvements don't just come along out of thin air. They develop out of the hard work, passion and action of community members.
Source: ABC13, "Father, son drown after crashing into pond," Sonia Azad, March 26, 2012
]]>What causes concern is that in the past two years, the number of motor vehicle accidents involving the large buses has increased. Some of these accidents have caused injury and even death to other drivers, passengers and pedestrians. Addressing and fixing the safety problem is important in order to keep the streets safe and to protect the reputation of the bus company.
]]> Sources from Sun Metro report that most of the bus accidents involving their buses and drivers are not the fault of the driver. However, one could still argue that the reported 54 of 175 accidents that were the fault of the driver in 2011 is still a problem. Sun Metro representatives believe that, among other various reasons, it's the grown amount of traffic that has contributed to more accidents over the years.For someone who is injured in a crash involving a Sun Metro bus, the buses have cameras in them that could possibly help support a personal injury lawsuit. Cameras already exist in the backs of the buses, and now more will be placed in the front. Therefore, there should be helpful video footage from each individual bus in order to get to the facts behind an accident. If someone believes that the bus was driving too fast or failed to yield, for example, the videos could maybe help support that argument in court.
Of course, the primary goal related to this matter is that safety is brought back to the streets of El Paso. Officials are considering changing traffic signals to better regulate traffic. Also, an education campaign is planned to get safety messages regarding the buses and overall traffic laws out to the public.
Source: El Paso Inc., "Bus accidents on the rise," Robert Gray, March 19, 2012
]]>We put a lot of trust in those who design and run the rides at carnivals and fairs. Unfortunately, the best interests of the riders, including children riders, are sometimes compromised when negligence finds its ways onto the fairgrounds. A family in Texas is at least contemplating filing a personal injury lawsuit after their 3-year-old daughter fell from a ride and sustained a concussion in the accident.
]]> Last Wednesday, the family attended the Houston carnival. The 3-year-old victim and her twin brother boarded a ride, and after the ride had reportedly revolved a couple of times, the young girl managed to get herself out of the restraints. She fell several feet to the ground, hurting her head.The family is now claiming that the little girl is acting differently. A concussion can mean serious impact on the well-being of a child, and the family will likely want to work with medical professionals to track the consequences or improvement of the child's injury.
Why was a 3-year-old in the amusement ride without an adult? This accident seems to beg that question. Our source doesn't indicate how tall the child is. Height plays a role in matters involving carnival rides because the rules related to the rides are often put in terms of height. For example, to ride the ride that the child fell from alone, a person must be 48 inches tall. Those who are 42 inches tall but below 48 inches can ride, but only with a "supervising companion."
The "supervising companion" rule was in effect when the accident occurred last week. But now, according to sources, the rule has changed. That "supervising companion" must be 16 or older for those who are too short to ride alone. Perhaps if that rule had been in place last Wednesday, the accident wouldn't have happened. Some might suggest that the initial rule was ignored that day. It's unlikely that the child is tall enough to ride alone and doubtful that many would consider the victim's 3-year-old twin as a suitable "supervising companion."
It is still early on in this Texas personal injury case. We will post an update when any new developments related to the matter are available.
Source
Houston Chronicle: "Girl thrown from midway ride acting different, relative says," Cindy George, Mar. 17, 2012
]]>A man whose job involved traveling from site to site checking wells and job sites was fatally injured in a car accident while driving from home to work in Texas. The man was driving a truck that his company provided for him. When the man got into the fatal accident, he was on his way to a site, but it wasn't an appointment that his employer had specifically set for him.
]]> After he died, his widow sought workers' compensation benefits because she saw it as the man was injured in a workplace accident. The Texas Court of Appeals ruled, however, that she was not entitled to benefits because he was "not in the course and scope of his employment" when he got into the accident.As this Texas case shows, cases involving work injuries can be complex. Assistance from an experienced job accident injury lawyer can help a victim or his family fight for the benefits that they believe they deserve.
Source
Risk & Insurance: "Worker's accident while driving to work fails to add up to special mission," Mar. 12, 2012
]]>A fatal truck accident involving two tractor-trailers and another vehicle occurred on a Texas highway on Monday, and one truck driver is facing the gravity of what his inaction meant for an unsuspecting driver who came up behind him on the highway. Whether a wrongful death lawsuit will follow the criminal charge is yet to be seen.
]]> According to reports, the tractor-trailer was stopped in one lane of the highway on Monday afternoon. That alone is not a legal dilemma; however, the truck driver had a duty to warn oncoming drivers of the stopped truck by putting up reflective cones. Otherwise, drivers run the risk of not judging that the truck is stopped in time and crashing into its rear.A rear-end collision did ensue, with another tractor-trailer crashing into the first. Then, an unsuspecting driver in a pickup truck crashed into the second truck, the impact of which killed him at the crash scene. The second truck driver sustained a broken leg and will survive the incident. But the one driver's broken leg, the other victim's death and the emotional impact that his friends and family will endure could likely have been avoided by the first driver simply using reflective cones around his truck.
Because he didn't do that, the trucker is charged with criminally negligent homicide. If the deceased victim left behind family, they might decide to wait until the end of the criminal trial to pursue a wrongful death lawsuit, if that is an option that they believe would bring them some sort of justice or peace.
Source
San Antonio Express-News: "Trucker facing rare charge in fatal freeway crash," Eva Ruth Moravec, Mar. 7, 2012
]]>With so much space unaccounted for, it's not uncommon for the blind spot to play a part in car accidents involving things such as fire hydrants, pets and even children. Not seeing what's in your blind spot can have devastating results. The National Highway Traffic Safety Administration has a plan, now postponed, to require cameras in vehicles in order to prevent back-up accidents.
]]> Some luxury carmakers have started to include rearview cameras in order to fight against blind spot-related accidents, and it was expected that these types of cameras were to be included in more new vehicles. According to recent reports, the planned 2014 legislation was delayed, with the NHTSA citing the need for further research.While these cameras have increasingly become standard for high-end vehicles, the price, at around $200 per vehicle, might be worth the consideration of more automakers. With back-over accidents causing 18,000 injuries and over 200 deaths a year, with small children and elderly persons making up the bulk of the victims of these types of tragedies, safety advocates believe that the cost is well worth it.
Hopefully, the kinks will be worked out of the legislation soon, and lawmakers will feel enough research has been done to either move forward or find other ways to prevent these types of incidents. It is important to note that no computer device can replace the judgment of a responsible driver. Over-reliance on a rearview camera could lead to negligence on the part of a driver. Overall, extreme caution while driving is of utmost importance.
Source
CNN Money: "Rearview car camera rules delayed by U.S.," Peter Valdez-Dapena, Feb. 28, 2012
]]>It is easy to take for granted that all parts of our automobiles are safe. And think about how important it is to be driving on safe tires. If a tire company had knowledge that their tires might have problems, wouldn't you want to know that in order to get your automobile in safe condition?
]]> Goodyear Tire & Rubber Co. just announced a recall of an estimated 41,000 van, SUV and truck tires that were produced in 2009. In the accident mentioned above, the victim driver's truck had damage to its tires, which caused it to lose control and flip, killing the two inside.Family of the driver is going after Goodyear with a wrongful death lawsuit, arguing that the company knew that the tires involved in the crash had issues with their tread but didn't act soon enough to prevent accidents. But even though Goodyear has recalled many of its tires, company representatives still insist that the problems with their tires have mainly come up as a result of poor maintenance on the part of vehicle owners.
Despite that claim, it is still wise for anyone who has Goodyear tires that were made in 2009 on their vehicle to investigate whether they are part of the recall. You can check out the link below in order to compare your tires' identification numbers to those that have been recalled.
Source
wfaa.com: "Fatal Texas crash leads to recall of 41,000 Goodyear tires," Jeremy Rogalski, Feb. 27, 2012
]]>A family entrusted the care of their 52-year-old loved one to an assisted living apartment complex located in Texas. In April of 2010, the woman became the victim of a serious fire that erupted within the apartment, which has ultimately led to the family's filing of a wrongful death lawsuit as a way to seek some justice following the loss.
]]> The victim was still alive when firefighters responded to the scene in the middle of the night. She hadn't woken up before the fire had spread significantly and suffered from serious burns in the incident. The injuries and their affect on her health ultimately led to her untimely death -- and to the family's wrongful death suit against the facility and its management.An investigation into the fire revealed the deadly flames started from a problem in the apartment complex's mechanical closet. One spark can lead to devastation, as this story demonstrates. For their devastating loss, the victim's family is seeking $25 million. The premises liability allegation is that those responsible to keep the premises safe in the apartment failed to do so; that failure caused the fire.
Property owners have a responsibility to keep their properties safe. People count on them to maintain the premises, both those who live on the premises and their family. When an unsafe condition leads to an accident, a victim or their surviving loved ones should seek the advice of an experienced personal injury attorney in their area.
Source
The Daily News: "Fatal fire prompts $25M lawsuit," Chris Paschenko, Feb. 19, 2012
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