Automobile Accidents

Published on: May 6, 2014

Texas Court of Appeals Affirms Summary Judgment Motion Against Party Injured in a Car Accident

Recently, the Texas Court of Appeals of the Fifth District ruled against a plaintiff who had been injured by a car accident due to the statute of limitations having elapsed.

In Weeks v. Cockrum, Terry Weeks filed a lawsuit following a car accident in September 2009, claiming that the defendant had operated her vehicle in a negligent manner. Less than two years after the accident, Cockrum temporarily left the state from June 16, 2011 to June 19, 2011. Then in September 2011, Weeks filed the lawsuit against Cockrum. Cockrum denied Weeks’s claims and argued that Weeks was barred from bringing a lawsuit by the statute of limitations. The accident had occurred on September 15, 2009, and Weeks had filed the complaint on September 19, 2011. Weeks countered that because Cockrum had left the state, a tolling provision in place extended the statute of limitations for the three days he was gone. The trial court ruled in favor of Cockrum and Weeks appealed.

The Court of Appeals first examined the state’s two-year statute of limitations, which states that the limitations begin to run in a personal injury case at the time of injury, whether or not the injured [arty was aware of the injury. At the same time, the Texas legislature also created a tolling provision that lengthened the time to file a lawsuit under certain circumstances. These circumstances include “the absence from this state of a person against whom a cause of action may be maintained.” That said, while Cockrum did leave the state, the Court of Appeals noted that Weeks never seemed to be aware of his circumstances, and there was no evidence that Cockrum could not have been served otherwise.

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Published on: April 21, 2014

While Ethan Couch Avoids Paying High Fees For His Treatment, One Family Prepares to Take Him to Trial

By Carabin Shaw

Ethan Couch continues to cause outrage after getting a judicial slap on the wrist for killing four people and seriously injuring one. However, one family hopes that bringing him to trial will force him to be accountable.

Couch receiving probation for his crimes based, in part, on his wealthy parents’ vow to shoulder the cost of a $450,000 per year treatment program. Yet now it appears that they will not need to pay that cost at all. Instead, Couch has been sent to a state hospital in Vernon, where the daily charge is $715. But Couch’s parents’ cost will be just $1,170 per month — or five percent of the overall treatment costs. As for who pays for the remaining $20,000 per month, that falls on the taxpayers.

Meanwhile, families of the victims have reached settlement agreements with the Couch family, except for that of 13-year old Lucas McConnell. Lucas and his family were dear friends with one of the victims, youth pastor Brian Jennings.

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Published on: February 24, 2014

Texas Man Sues Other Driver in Car Accident For Texting While Driving

By Carabin Shaw

Recently, an injured driver sued the other party for causing the accident allegedly due to texting while driving. Ramon Renteria was traveling north on State Highway 6 near Township Lane in Missouri City when he was allegedly rear ended by a vehicle owned by Even Gardner. Renteria claims that Gardner was sending and receiving texts on his cell phone when the accident occurred. As a result of the accident, Renteria allegedly suffered personal injuries, medical bills, and damage to his vehicle. He seeks monetary relief, including penalties, expenses, and attorney’s fees.

Lawsuits like the one filed by Renteria have come against a backdrop of state officials trying to crack down on texting while driving. Currently Texas is one of just nine states that does not ban texting for all drivers. While a bipartisan bill that banned texting reached Governor Rick Perry’s desk, he vetoed the bill due to an expressed belief that it was overreach. Instead, this state has bans targeting select groups: bus drivers, novice drivers, and drivers in school zones. However, there are plans to introduce another bill that bans texting, and several cities have already done so, including Austin, El Paso, and San Antonio.

Other cities, like Houston, and counties like Rusk County, have found some success through awareness campaigns. While in 2013, Rusk County experienced the deaths of nearly 30 people in roadside accidents, so far there have been no fatal accidents in 2014. That is due in part to an increased awareness campaign by organizations like Pay Attention East Texas (PAET), which is dedicated to promoting safe driving through public education.

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Published on: February 19, 2014

Texas Court of Appeals Vacates Award of Over $300,000 For Car Accident in Gracia v. Davis

By Carabin Shaw

Recently, in Gracia v. Davis, the Court of Appeals for the Fifth District ruled that a trial court’s directed verdict granting Curtis Davis damages should be overturned and a new trial on damages held. The trial court had granted Davis $17,400 for past medical expenses, while the jury awarded Davis another $300,000 for past and future medical expenses.

The events began in May 2008, when Jesus Gracia rear-ended a Ford Explorer Davis was driving while Gracia was using his cell phone. During the ensuing trial, Gracia filed a written stipulation to his liability and testified that he had been the cause of the accident, which left damages the case’s only contested issue. Following the accident, Davis drove himself to the hospital, where he told them of pain in his back, neck, and shoulder. Davis was given prescriptions for Tramadol and Flexeril, as well as discharge instructions for medical strain. Then two weeks later, Davis visited Dr. Glenn Smith, a chiropractor, who gave him several treatments and diagnostic examinations of his back, neck, and shoulders. Although an MRI taken that August did not reveal any disc bulges or hernias, Davis continued to receive treatment for a four months total, until he reached a “plateau” in September.

Davis continued to take pain medication and had difficulty performing his job duties at a Wal-Mart distribution center, which required constant lifting, pushing, pulling, and carrying tools, equipment, and supplies, some weighing up to 60 pounds. Davis found the work so demanding that sometimes he could not come in the next day because of the pain. Davis never disclosed to him employer that he had been in a car accident. He stopped using his pain medication due to work policy requirements and returned to Dr. Smith for pain treatment. Dr. Smith found that he had exacerbated his injuries due to increased activity at his new job and that he suffered from “soft tissue injuries” that would get worse as he aged.

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Published on: December 13, 2013

Comparative Negligence in Drunk Driving Accidents in Texas

By Carabin Shaw

On December 16, 2011, Sarah Patton filed suit against the Texas Department of Transportation in Jefferson County District Court on behalf of the estate of Pamela Freeman, who was killed in a car accident (Case No. B191-484). The complaint alleged that the Texas Department of Transportation acted negligently by allowing water to accumulate on the roadway because of inadequate drainage. According to the lawsuit, on February 12, 2011, Freeman was exiting Interstate 10 when her vehicle hydroplaned, causing her to leave the roadway and strike a sign and light pole. The accident eventually led to her death several months later.
Patton later amended her complaint, naming both Toyota and APAC-Texas as defendants, and alleging that a design flaw and water left on the road from construction work carried out caused the crash. On October 3, 2013, APAC-Texas filed a motion for summary judgment, arguing that Freeman’s BAC exceeded the legal limit at the time of accident. The motion also contended that investigating officers at the scene of the accident confirmed that there was no water left on the road from construction and, instead, the accident had resulted from Freeman’s speeding. Based on these facts, APAC argued that it should be dismissed from the case since there was no evidence to support Patton’s claim that APAC was negligent when performing construction work on the road in question. Then, on November 2, 2013, Toyota followed APAC’s lead and asserted that Patton’s amended complaint failed to allege or identify the specific product defect theories or any defective components on Freeman’s vehicle. Ultimately, on November 6, 2013, Patton filed a notice stating that she non-suited all her claims against all defendants, meaning that she released all of the defendants from liability.

As mentioned previously on this blog, unfortunately, in 2012 Texas had the largest increased in fatalities of any state in the country, with an 11% increase in overall traffic fatalities and a 6.6% increase in drunk driving deaths. More specifically, according to the Texas Department of Transportation, there were 1,099 people killed in motor vehicle traffic crashes where a driver was under the influence of alcohol, which accounts for 32.3% of the total number of people killed in motor vehicle crashes. At the same time, there were only five fatalities where defective vehicle products were a contributing factor, and no reported fatalities due to standing water on the road.

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Published on: December 6, 2013

The National Highway Traffic Safety Administration Issues Updated Safety Ratings and Releases 2012 Traffic Fatality Statistics Revealing Texas as State With Highest Increase in Traffic Fatalities

By Carabin Shaw

Traffic Fatalities Increased in 2012

The U.S. Department of Transportation’s National Highway Safety Administration (NHTSA) recently released its 2012 Fatality Analysis Reporting data. Unfortunately, after six consecutive years of declining fatalities on U.S. highways, the data indicates that highway crashes and deaths increased in 2012. Specifically, fatalities increased to 33,561 in 2012, which is 1,082, (or 3.3%) more fatalities than in 2011. In addition, the number of injured persons increased by 145,000 from 2011. Almost three-quarters of the fatalities occurred in the first three months of 2012, and most of those individuals involved in the fatalities were motorcyclists and pedestrians. For the first half of 2013, early estimates on crash fatalities reveal a decrease in deaths for the same time period in 2012.

Notably, the increase in crashes and resulting injuries and fatalities does not appear to be associated with one particular issue, and crashes for some traditional risk factors, including young drivers, actually fell in 2012. Other notable statistics include:

• There were 10 times as many unhelmeted motorcyclist fatalities in states, such as Texas, without universal helmet laws (1,858 unhelmeted fatalities) as in states with universal helmet laws (178 unhelmeted fatalities). These states were nearly equivalent in total resident populations.

• Though fatalities from alcohol-impaired driving increased from 2011 to 2012, fatalities from crashes involving young drivers (16- to 20-year olds) and alcohol decreased by 15%.

• For the past decade, males have consistently made up about 70% of motor vehicle fatalities.

• There was a 3.7% increase in the number of people killed in crashes involving large trucks, and 61% of large-truck occupants killed in 2012 died in single-vehicle crashes.

Overall, while 13 states experienced decreases in overall traffic fatalities and eighteen states experienced decreases in drunk driving deaths, Texas was not part of either group. In fact, Texas had the largest increase in fatalities of any state, with an 11% increase in overall traffic fatalities and 6.6% increase in drunk driving deaths.

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Published on: November 11, 2013

New Traffic Laws in Effect in Texas

By Carabin Shaw

As of September 1, 2013, several new traffic and driving laws went into effect in Texas. It is important for all Texans to become acquainted with the new laws, as individuals who break these laws may face fines, or even prison time. Fortunately, although the laws became effective September 1, 2013, Texas Department of Public Safety troopers are offering a grace period for most of the laws until January 1, 2014 to make sure everyone is aware of the new and amended laws.

The Texas Department of Transportation believes the new laws will provide added protection for people on Texas roadways. According to the Texas Department of Transportation, the fatality rate on Texas roadways in 2012 was 1.41 deaths per hundred million vehicle miles traveled -a 9.3% increase from 2011. In addition, the State of Texas also recently experienced an increase in the number of motor vehicle traffic fatalities. Specifically, the 2012 death toll of 3,399 was an increase of 10.82% from the 3,067 deaths in 2011.

Some new laws for which Texans should be aware include the following:

• Cell Phones in School Zones (HB 347): While Texas already prohibits cell phone use behind the wheel in school zones unless the vehicle is stopped or a hands-free device is being used, the new law expands the limitation to include all school property, including parking lots and drop off lanes. Violators of the law will be assessed fines up to $200. Notably, cell phone use is only restricted during the time a reduced speed limit is in effect, generally, directly before and directly after the school day.

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Published on: September 22, 2013

Pedestrian Fatality Rates for the State of Texas and Various Texas Cities Grim

By Carabin Shaw

On average, a pedestrian is killed every two hours and injured every eight minutes in traffic crashes. In fact, in 2011, pedestrian deaths accounted for 14% of all traffic fatalities and made up 3% of all people injured in traffic crashes in the United States. According to data from the National Highway Safety Administration (NHTSA), there were 4,432 pedestrian fatalities reported in 2011 due to traffic accidents, an 8% increase since 2009. An estimated 69,000 pedestrians were also injured in traffic crashes. Additionally, the 2011 report by the NHTSA also revealed the following:

• 3 out of every 4 pedestrian deaths occurred in urban areas
• 70% of those killed were at non-intersections
• 70% of pedestrian deaths occurred at night
• Alcohol involvement–either for the driver or the pedestrian–was reported in 48% of all fatal pedestrian crashes
In an effort to combat the rising number of deaths over the last two years and educate communities on safety measures, the U.S. Transportation Secretary Anthony Foxx announced a new campaign, “Everyone is a Pedestrian,” in August 2013. Besides providing grants to the cities with the highest rate of pedestrian deaths, the NHTSA, together with the Federal Highway Administration (FHWA), launched a website with safety tips and resources for local leaders, officials, parents and other involved in improving pedestrian safety.

Notably, according to the NHTSA, the State of Texas is one of 22 cities in the U.S. where pedestrian deaths are greater than the national average, making Texas eligible to apply for a total of $2 million to be used for education and enforcement initiatives under the campaign. Indeed, Texas pedestrian fatalities account for 14% of the total traffic fatalities in Texas. Unfortunately, at the same time, the Texas cities of San Antonio, Austin, Fort Worth, Houston, and Dallas were also selected by the FHWA in 2011 as focus cities. Focus cities are selected based on the number of pedestrian fatalities or the pedestrian fatality rate per population. More specifically, cities are selected as pedestrian focus cities if they have more than 20 average annual pedestrian fatalities or a pedestrian fatality rate greater than 2.33 per 100,000.

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Published on: July 11, 2013

Summer is the Deadliest Time of Year for Teen Drivers in Texas and Nationwide

By Carabin Shaw

The risk of car accidents increases immensely during the summer months. Specifically, most car accidents occur during the period from Memorial Day to Labor Day. While July Fourth is historically the deadliest day on the roads, August is historically the deadliest month of the year for car crashes across the country. In addition, according to historical data tracked by the National Highway Traffic Safety Administration (NHTSA) from 1986 to 2002, Saturday and Friday are still the two deadliest days to drive, and rush hour from 3:00 – 6:00 pm remains the deadliest time to drive. Not surprisingly, the same held true as of 2010 as well.

More recently, research by Driving-Tests.org, an online learning site for new drivers, revealed that summer remains the deadliest time to be on the road. More than 27% of annual traffic fatalities occur during July, August and September. One possible reason for the increased number of fatalities in the summer may be due to the fact that according to AAA, teen driving increases by 44% during the summer months. Indeed, per the NHTSA, motor vehicle crashes are the leading cause of death for teens in the United States, accounting for over 35% of all fatalities for 15 to 20 year olds. While this statistic may not be all that surprising, the fact that driving while intoxicated is not the leading the cause of death for crashes involving teens might indeed be. Instead, over 75% of serious car crashes involving teens are due to “critical errors.”

Unfortunately for Texans, according to the NHTSA’s FARS Data, in 2011, Texas was the most dangerous state for drivers in the U.S. with over 3,000 traffic-related fatalities. Moreover, according to the Texas Department of Transportation, as is the case in the rest of the country, July and August were the two deadliest months for car crashes in 2012.

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Published on: June 10, 2013

Wrong Way Drivers on Texas Roads

By Carabin Shaw

Wrong Way Drivers – Info and Stats on the Idiots that can Kill You

Drivers, some may call them idiots or drunks or other applicable names – who somehow manage to travel the wrong way on a restricted roadway such as a freeway represent a significant risk of catastrophic injuries or death to you, your family or friends.

While wrong way driving crashes are less frequent than other types or causes of auto accidents, these head-on collisions usually result in serious, life-altering injuries and deaths to all individuals involved.

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