El Paso Personal Injury Attorneys Blog | Texas Truck Accident Lawyers | El Paso County Slip and Fall Injury Law Firm

Texas' teen drivers in increased danger of fatal accidents?

2012-02-21T23:09:57Z

What is traffic safety's best friend? Many might say that driver experience is the surest bet to decrease the rate of fatal car accidents in Texas and throughout the country. But experience, unfortunately, has to come out of trial and error. Teens have to learn how to drive sometime, and it's just a shame that during their first years behind the wheel, they present a danger to themselves and others on the roads.

A recent report released by the Governors Highway Safety Association presents some upsetting news. During the first half of 2011, there was an increase in the number of teen driver fatalities among teens ages 16 and 17. Reports for the last half of the year are to come soon, but safety advocates suggest that the initial findings are enough to spark concern.

]]> In the past few years (likely minus 2011), there has been a significant decrease in teen driver deaths. The increase in 2011 compared to 2010 could symbolize a turn in the wrong, dangerous direction for teen drivers.

The numbers for the study were compiled from each state. Not all states saw an increase in their teen driver deaths, but among those that did is Texas. And the study has not even taken into account the last half of last year, which usually carries with it more traffic fatalities than the first half.

This study didn't come up with a conclusion regarding the reason behind the supposed trend. One theory is that the economy is getting better, and more teen drivers are getting the chance to drive than in previous years. Another popular notion is that distracted driving is the culprit, and states need to do more to control that reckless driving behavior.

Source

The New York Times: "Fatalities Among Teenage Drivers Rose in First Half of 2011, Study Finds," Tanya Mohn, Feb. 16, 2012

Will Texas decision put vets at risk of wrongful death lawsuits?

2012-02-18T02:39:53Z

As many of you are reading this blog right now, you probably have a pet sitting nearby, just waiting for you to shower him with love. It seems like more than ever before, pet owners treat their pets like their children. But the question is whether pets should be valued as highly in a court of law.

Texas has had a law in place since the 1890's that allows courts to only apply the reasonable market value to an animal should a pet's loss bring a plaintiff to court. That has meant that any emotional value a person places on his pet played no role in how much a court would award in damages. That all might change as a result of what was essentially a Texas wrongful death case resulting from the death of a family dog.

]]> Last November, an appeals court ruled in favor of a family who sued an animal shelter over the death of their dog. Their pet had gotten out of their yard, was picked up by a shelter and then ultimately euthanized, even though the shelter told the owners the dog would be waiting for them. The family argued that negligence among the shelter employees caused their loss.

The difference in this ruling is that the loss wasn't only looked at as a loss of property. The appeals court agreed to allow the couple to assign emotional value to the pet. This could go to a higher court in the state. But if the ruling stands, some veterinarians fear that they will become constant targets of civil lawsuits if a pet dies on their table.

Source

kypost.com: "Court asks how much a dog's life is worth," Ed Greenberger, Feb. 17, 2012

Authorities investigate ugly El Paso bus accident

2012-02-13T15:00:00Z

People tend to use public transportation because it makes their lives easier and can save them time, money and stress. But this week, Monday specifically, proved that metro bus transportation poses some dangers. Two bus accidents occurred on Monday, and one woman went through a traumatizing experience as a result of one of the incidents.

According to the El Paso Times, a bus accident involving a Sun Metro bus happened earlier on Monday morning. In that instance, a representative from the bus company claims that it was another driver who caused the wreck, crashing into the bus and injuring a passenger. It's a subsequent pedestrian accident including another Sun Metro bus that is more serious.

]]> At around 1:45 in the afternoon, a reportedly 70-something woman was crossing at a crosswalk in El Paso when she was hit by a Sun Metro bus. The woman was reportedly swept under the large bus, screaming while she was stuck beneath it after the crash. It took emergency responders an estimated 10 minutes to get the victim out from under the bus.

Reports don't elaborate on the current condition of the accident victim. Her recovery and recovering as much information about the accident as possible are both extremely important at this point. There were several passengers in the bus at the time when it struck the crossing pedestrian. They will play crucial roles in helping authorities piece together why and how the crash occurred.

Blame won't be assigned until the investigation is complete. Officials will need to determine whether the bus driver was following traffic laws before the accident happened. Did he run a red light? Was he driving the speed limit? Was he distracted?

When there are more details available about the incident, we will share an update.

Source

El Paso Times: "Bus hits pedestrian: Woman pulled under bus during accident in Downtown El Paso," Aaron Bracamontes and Diana Washington Valdez, Feb. 7, 2012

Fort Bliss solider killed by drunk driver in motorcycle accident

2012-02-11T16:30:42Z

An Army infantryman stationed at Fort Bliss was killed late last month after being hit by a suspected drunk driver.

The soldier, age 27 and a father of two, was riding his motorcycle on Airway Boulevard when he was struck by a driver who lost control of her vehicle and crossed the center median. The soldier tried to take evasive action, but could not get out of the way of the oncoming car.

]]> The suspected drunk driver was transported to Del Sol Medical Center to be treated for her injuries. She was then booked into jail on a $100,000 bond. She has since been charged with intoxicated manslaughter, a second degree felony that carries a penalty of between two and 20 years in prison.

Every motorcyclist knows they are taking a risk when they go out for a ride. This soldier was no different. According to his commanding officer, safety was the soldier's prime concern. He always wore a helmet and personal protective equipment, and he took training classes to make sure he knew how to operate his motorcycle safely.

Still, no amount of preparation can prepare a biker to escape the threat posed by an out-of-control drunk driver. When a driver makes the reckless decision to drink and drive, she is taking a risk with her life and the lives of the many unsuspecting motorists that she might come by on the roads.

The sad reality is that far too many Texans are killed in drunk driving accidents each year. All drivers need to remember that drunk driving is never acceptable. The consequences are simply far too grave.

Source

El Paso Times, "Fort Bliss Commander Speaks About Solider Killed in Motorcycle Accident," David Burge, Jan. 30, 2012

Texas student, bar accused of causing wrongful death

2012-02-10T20:16:27Z

When someone dies in a fatal motor vehicle accident, those who are left behind want answers as to why the death had to happen. Sometimes a death is a pure accident that could not have been prevented.

Other times, negligence on behalf of someone else is to blame. When this is this is the case, it is sometimes possible for the family to seek justice for the wrongful death, thereby sending a warning to others that such behavior is unacceptable.

]]> An example of this is a recent lawsuit that was filed by the family members of a victim in a fatal drunken driving accident.

According to the police investigation, a 26-year-old and two friends had been at a Texas bar drinking when they decided to leave. One of the friends then decided to drive even though he had been drinking.

Once on the road, the driver lost control of the vehicle, causing it to flip over and strike a 68-year-old bicyclist. The 26-year-old and the other friend who were passengers in the car both died in the crash, as well as the bicyclist.

The driver was hospitalized, but then was arrested and charged with three counts of intoxication manslaughter and aggravated assault. He also now faces a criminal lawsuit.

The family of the 26-year-old brought a wrongful death claim against the driver and the owner of the bar for causing this drunken driving accident. The family named the bar in the lawsuit because they believe that the driver was visibly intoxicated, yet the bar still served him alcohol.

The family is likely hoping to alert all bar owners of the dangers of over serving alcohol to customers, as well as warn everyone who gets behind the wheel on Texas roadways that drinking and driving can be deadly.

Source: myfoxlubbock.com, "Tech student, bar being sued for wrongful death," Feb. 8, 2012

Multi-millionaire from Texas involved in unusual adoption

2012-02-06T16:17:52Z

Many children who are adopted privately in the United States are just that: children. Not many adoptive children are 42 years old. In a bizarre story, a Texas man recently adopted a 42-year-old woman. To make a strange story even stranger, he is only five years older than she is, and she is his girlfriend.

If you are suspicious of his motives, you are not alone. Two years ago, the Texas man, ran a stop sign and crashed into another car while driving drunk in Florida, killing a recent college graduate. The family of the victim is now suing the driver for the wrongful death of their loved one.

]]> The driver, who is also facing criminal charges, is a multi-millionaire, "well-known in the polo scene," according to reports. He has a trust fund for his two minor children that is worth several hundred million dollars. Now that his girlfriend is also his "child," she will share in that fund with the other children.

Observers of this odd situation believe that the defendant is trying to shield his money from the victim's family, should they win in their wrongful death lawsuit. A judge previously ruled that the money in the kids' trusts would be protected assets, making the family unable to earn any of the millions via a potential win in the civil suit.

Some critics question whether the adoption strategy will change the court's mind about protecting the money from the trusts. The defendant's lawyer, however, stresses that the adoption is all within the scope of the law.

Source

Kens5.com: "Texas millionaire charged in DWI death adopts his 42-year-old girlfriend," Courtney Zubowski, Feb. 2, 2012

Two workers critically injured in Texas workplace accident

2012-02-03T16:34:49Z

Most of us work hard to earn a living. There are pros and cons of our jobs, but we should count ourselves lucky if we have work that can pay the bills and that doesn't needlessly put our lives in danger every day. There are fields of work out there, necessary fields, that mean workers risk more than an employee who sits in a cube most of the day.

Construction and working with electricity, for example, come with obvious dangers for workers. Two men who were working at a plant in Texas this week came face to face with that danger on Tuesday morning, and they are now being treated for the critical workplace injuries they sustained.

]]> According to reports, the two men, ages 33 and 63, are electrical contractors who were working at a power plant. They were working with electrical circuits when something reportedly went wrong. They sustained electrical burns in the line of duty and had to be taken to the hospital for critical care.

When an accident occurs at a place of work, it's not only the accident victims who deserve a thorough investigation into the incident but other employees of the same company as well. Working in a relatively dangerous field of work doesn't mean that workers should expect to be injured on the job. Certain standards of safety must be met, and if their employer is failing to uphold that safety standard then changes and potential punishment need to be arranged.

At this point, much of the focus regarding this workplace accident in Texas is on the hopeful recovery of the victims. But for the sake of preventing future similar accidents, let's hope that safety officials are getting to the bottom of why this electrical accident took place.

Source

KTRE.com: "Authorities release names in Sacul plant accident," Feb. 1, 2012

Auto accident takes life of 11-year-old El Paso girl

2012-02-02T21:38:04Z

An El Paso family is mourning the devastating loss of an 11-year-old girl who, along with two friends, tried to cross an intersection near the Bill Sybert School in East El Paso. The little girl was struck by a pickup truck driven by a 33-year-old woman who police say had the right of way. An 11-year-old friend of the deceased girl was also injured, and a 9-year-old boy who was crossing the street with them was not hit by the truck.

Members of the community have expressed their grief and condolences by placing teddy bears and balloons on the site of the fatal accident, which occurred at an intersection deemed by at least one local resident to be inordinately dangerous.

]]> A local grandmother who came to the scene of the accident to grieve and pay respects said she thinks the roadways around the school are unsafe. She said she never allows her own grandchild to walk to the school because the timing of the traffic lights in the area causes a dangerous situation. "I blame the lights," she said. "They're not adjusted right."

The Soccoro School District's assistant superintendent told a local news station that, to his knowledge, no parent had ever complained about the intersection. He added that the district is continually evaluating safety issues related to the school.

Residents in El Paso likely know that drivers have an obligation to exercise due caution on Texas roadways. But city officials and planners also have a responsibility to try to make the streets as safe as possible for drivers and pedestrians alike. When such obligations are not met, too often serious personal injury occurs, and individuals and families who suffer as a result of another's negligence deserve compensation for the burden of their pain and suffering.

Source

kvia.com, "Community Mourns Loss Of 11-Year-Old Girl Killed In Traffic Accident," Whitney Burbank, Feb. 1, 2012

Is an app the answer to preventing texting behind the wheel?

2012-01-31T18:43:10Z

When a teenager gets his driver's license, it is an exciting yet dangerous time. There is enough going against teenaged drivers without the now popular distraction of technology behind the wheel. According to an El Paso report, now there is apparently technology to save teen drivers from the danger of texting while driving.

Past studies have shown that driving while texting is equally as dangerous as driving while intoxicated. And teens, based on their inexperience, are more likely to engage in irresponsible driving behaviors that lead to car accidents, including texting behind the wheel.

]]> A group of students from an El Paso high school were asked whether they text while driving. Many of them reportedly admitted to doing so, even though they understand that it's dangerous. One of those students admits that he actually got into an accident because he was texting. It doesn't sound like anyone was seriously injured, but his parents responded to the incident by forcing the teen to get a job and pay for the damage his distracted driving caused.

Despite the widely known danger of texting while driving, many people -- not just teens -- continue to engage in that behavior. It's a matter of habit that needs to somehow be discouraged. Some phone app creators are trying to give drivers a way to avoid the danger of texting behind the wheel.

There is reportedly an app that can recognize when the car is running and will turn the phone off. There are also apps that parents can use to monitor whether their teen driver is texting while driving. One safe driving advocate suggests an even simpler solution that doesn't require an app: Drivers should simply turn off their phones while driving.

Source

KTSM News Channel 9: "New Apps Target Teenage Driving and Texting," Cathy Hernandez, Jan. 30. 2012

Will evidence be enough to fuel valid DWI case in Texas?

2012-01-25T16:59:14Z

When someone is killed in a hit-and-run accident, it is natural that officials and the general public would want to identify the exact person who caused the car crash. An investigation into a fatal Texas crash that occurred on Monday has led police to a suspect, but will the evidence be enough to support a criminal conviction or an effective wrongful death lawsuit?

This is a personal injury blog, so we always like to support the idea that justice will be found on behalf of the victims of any accident caused by negligence. When the victim was allegedly killed due to drunk driving and a hit-and-run, the desire to catch the careless party is especially strong.

]]> But it is worthwhile to ponder some potential difficulties from a legal standpoint. The above-mentioned accident was a hit-and-run, and officials believe that the driver was driving drunk at the time of the crash. It was when officials found a license plate at the scene of the accident that they had a lead to find the supposed driver. But will they be able to prove that they know the identity of the driver?

The license plate reportedly first led police to the owner of the involved vehicle. He claimed that a friend of his had been driving the car. That's a point that will need to be confirmed. Police did find the owner's friend, and when they did he was reportedly at home, asleep.

Based on the news report that says the suspect is charged with DWI, police must have found that the sleeping suspect was legally intoxicated. A question develops here as well. If they found the suspect outside of the vehicle, how do authorities know that he didn't get drunk after the accident?

These questions are important to ask because they will be important for officials to answer in order to hold the negligent party accountable for his actions. An effective investigation and case would make it easier for any surviving family to confidently move forward with their own wrongful death suit should that legal route interest them.

Source

Kwtx.com: "License Plate Found After Deadly Texas Hit-And-Run Leads To Arrest," Jan. 24, 2012

Elder, Oscar-winning actor injured in bicycle accident

2012-01-19T16:31:54Z

What happens when an 81 year-old Academy Award winning actor gets knocked off his bicycle by a truck? The bicycle accident sounds more gruesome than it turns out to be. He's injured, but generally okay. The incident is cautionary though: these things can happen to anybody, even a famous, stoic actor like Gene Hackman.

First, drivers need to responsibly share the road with cyclists. They must take extra precautions to look for them and treat cyclists like any other vehicle. They have a right to share the road. A car accident involving a pedestrian or a cyclist can be catastrophic and usually easily preventable.

]]> Second, bicyclists can best protect themselves by wearing a helmet when cycling. Hackman reportedly wasn't wearing a helmet, which can easily lead to a serious brain injury if not death. Cyclists can also increase their visibility to others by wearing reflective clothing, a flag, an orange triangle, flashing lights, etc. Of course, not wearing this protective gear does not mean that a cyclist had an injury coming to them.

Smaller vehicles like motorcycles and bicycles can be difficult to see when driving a larger vehicle or when surrounded by bigger vehicles. But that's not an excuse for a driver to use when he or she causes a car accident due to negligence on the roads.

Bicycles and motorcycles are gaining in popularity because of the overall economic conditions, rising fuel prices, green thinking and personal health choices. City messengers, meter maids, police, even guided tours use bicycles and segues for transportation.

As this alternative gains in popularity, the automobile, SUV, and truck drivers need to develop a more cautious approach to sharing the roadways. So, do each other a favor, drivers be more alert, cyclers be more visible. This arrangement works out best for everyone.

Source

CNN: "Gene Hackman struck by car while riding bike," Jan. 13, 2012

Groups want to wake trucking industry to dangers of sleep apnea

2012-01-14T19:18:53Z

Imagine that you are driving home with your husband in the middle of a sunny Texas summer day. The last thing you are worried about is other drivers falling asleep at the wheel. All of the sudden you see in your rear view mirror a huge semi-truck barreling down on you. You don't have any time to get out of the way and the truck hits you like, well, like a semi-truck. Your car spins out of control and the next thing you know you wake up after being unconscious only to find your husband dead next to you.

This is what happened to a woman of New Braunfels, Texas. "If you could have seen the scene that killed my husband ... or any of the other scenes that have been tied to sleep apnea and truck wrecks, it does look like a war zone," said the wife who lost her husband. The truck driver responsible for the fatal truck accident wasn't simply tired. He suffered from an untreated sleep disorder that puts him and others at risk on the road.

]]> A personal injury attorney might argue that the surviving wife and her husband were the victims of a truck driver who suffered from severe sleep apnea and were due damages because of his unmonitored, untreated medical condition. Should he have been allowed to be behind the wheel with his disorder? Should his employer have known that they had a danger behind the wheel of one of their trucks and, therefore, prevented this accident caused by driver fatigue?

Sleep apnea, more common among obese people, causes pauses in breathing while sleeping that ultimately causes the person to wake up and not sleep well. Safety officials are proposing a law that would dictate any commercial truck driver that has a BMI over 35 must test to make sure they don't have sleep apnea. Obesity is a common problem among truck drivers, so this could have a major impact on the industry.

Source

The Huffington Post: "Sleep Apnea In Truck Drivers: Advisory Panels Recommend Screening For Condition In Obese Drivers," Amanda L. Chan, Dec. 21, 2011

Texas families blame deadly camping trip on government

2012-01-11T17:39:28Z

For many families, packing up and taking the kids out for a camping adventure will remain a memory that lasts for years and years. Camping trips can become tradition, but that is unlikely if one trip turns tragic.

Two sets of plaintiffs have joined together to file a wrongful death lawsuit in Texas. They had gone on a group camping trip out of state and were met with devastation when the weather went terribly bad. Out of the 11 people who went camping with their group, only five returned to their Texas homes alive.

]]> Some of the surviving parents of the surviving children who went on the 2010 camping trip to Arkansas filed their wrongful death case in Texas last month. Whereas the defendant in many civil suits tends to be a specific person, in this case, the accused are U.S. government agencies associated with the government-funded park.

The negligence suit alleges that the agencies, including the U.S. Forest Service, the U.S. Department of Agriculture and the National Oceanic and Atmospheric Administration, didn't do enough to protect the park dwellers from potential injury or death. The campsite is located in a dangerous flood area and the families were not warned of the risk that they took on by camping out at the apparently dangerous location.

When wet weather poured down on what was supposed to be a pleasurable camping trip, the families' camp area became flooded, and lives were lost. The plaintiffs are suing on behalf of their children who are left to live with the emotional trauma of what happened and the loss of their loved ones.

Source

The Southeast Texas Record: "Tyler residents file wrongful death lawsuit over deadly Arkansas campsite flood," Michelle Keahey, Jan. 4, 2012

El Paso escaped DWI accidents this New Year's holiday

2012-01-06T22:07:39Z

With the holiday season comes excitement about family, fun, food and drinks. The drinks are where the danger comes in, usually. It sounds like this New Year's celebration in El Paso turned out to be a relatively safe one with regards to DWI accidents.

In fact, El Paso sources report that not one drunk driving accident occurred in the city during this year's celebrations. Hopefully, this means that 2012 will be a year filled with more responsible drivers and less lives lost to the recklessness that is drunk driving and driving under the influence of drugs.

]]> Even though no traffic accidents related to alcohol took place in El Paso this New Year's, police reports indicate that no accidents doesn't mean that there were no drunk drivers on the roads. The following are arrest numbers for the holiday:

Before 10 p.m. on Saturday night, 12 people were charged with DWI. Seven were first-time offenders, two were second-time offenders, one was a third-time offender and two others were charged with having a blood alcohol level above 0.15. The legal limit is 0.08.
Between 10 p.m. on Saturday and 4 a.m. on Sunday, another five people were detained and at least three of them charged with DWI, two for having BAC levels above 0.15.

So as you can see based on the police reports, it might have been sheer luck that saved people from becoming victims of drunk driving accidents this holiday. Law enforcement stresses, however, that there's more to traffic safety than luck. DWI crackdowns during the holidays and El Paso's "No Refusal Blood Draw Operation" succeeded in protecting El Paso residents.

Source

Kvia.com: "Police: No Drunk Driving Fatalities Over Holiday Weekend," Jan. 2, 2012

Would hazard lights have prevented Texas collision?

2012-01-01T22:32:58Z

After a car accident takes place, the involved parties will usually ask themselves all kinds of questions. Whose fault was it? Could I have done something to have prevented the accident? I think that the other driver was negligent. Should I go after him in a personal injury lawsuit?

There are not as many questions in one Texas car accident that there could be, thanks to a video recording of the two-car collision that occurred on Wednesday morning last week. However, the details of the accident do have the public wondering whether the lack of using hazard lights should land one of the drivers in trouble in this scenario.

]]> According to news reports and the video recording of the accident, the danger began when one vehicle stalled in the right lane of a highway in Dallas. The driver got out of his car to tend to the vehicle, but he failed to turn his hazard lights on. It was so early in the morning that it was still dark out. A stalled car in the lane of a highway can be dangerous in the dark.

A second car that approached in the right lane didn't see the stalled car in time before he rear-ended the stopped vehicle. The main question that this accident begs is which of the drivers, if either, should be held accountable for the crash? Was the driver of the stalled vehicle negligent by not utilizing his hazard lights? Or was the second driver going too fast and, therefore, partly responsible for the accident?

Sources report that the first driver didn't get injured in the accident, though they don't indicate whether the second driver sustained any injuries. If he did get injured and will have medical bills to pay for, an aggressive personal injury attorney could help someone in his position consider his legal options.

Source

MyFoxDFW.com: "TxDOT Camera Captures Crash," Alice Wolke, Dec. 28, 2011