Automobile Accidents

Published on: May 12, 2013

What is Distracted Driving?

Distracted driving includes activities such as eating, applying make-up, reaching into the backseat, using in-vehicle navigation systems and cell phone use. Yet, while there are many forms of distracted driving, all of which increase the likelihood of car crashes, cell phone use by drivers is the most deadly threat due to the fact that more drivers are engaging in cell phone use, and for longer periods of time. In fact, according to a 2012 survey conducted by the AAA Foundation For Traffic Safety, more than two in three drivers report talking on their cell phone while driving at least once in the past 30 days.

Cell Phone Conversations

The dangers of texting while driving receive the most attention in the media; however, using a cell phone to simply have a phone conversation, even with the use of hands-free technology, is also very dangerous. The National Safety Council estimates that 24% of all motor vehicle crashes involve cell phone use.

Additionally, drivers talking on handheld or hands-free cell phones are four times as likely to crash. Notably, a controlled driver simulator study conducted by the University of Utah found that drivers using cell phones had slower reaction times than drivers with a .08 blood alcohol content, the legal intoxication limit.

Traditional Texting vs. Voice-to-Text

In addition to having cell phone conversations while driving, approximately thirty-five percent of drivers admitted to reading a text or email while driving and twenty-six percent admitted to typing a text or email. What many people do not realize, however, is that voice-to-text may be just as distracting as traditional texting using your hands.

A study carried about the Texas Transportation Institute at Texas A&M University reveals that sending text messages via voice while driving can be just as dangerous as texting using your hands. Specifically, the study found that not only did it take drivers using voice-activated texting longer to send a message than traditional texting, but also that while texting (whether via voice or with fingers), a driver’s eye contact with the road decreased and response times were significantly delayed. Notably, and potentially the most concerning, is that drivers using speech-to-text devices felt like they were safer, despite the fact that the study revealed just the opposite: both types of texting are dangerous.

Steps Being Taken to Reduce Distracted Driving

Many steps have been taken to reduce the incidence of distracted driving, particularly, distracted driving associated with mobile devices.

For example, many states, including Texas, have enacted laws limiting the use of cell phones for some, or all individuals, while driving. According to the Texas Department of Transportation, in 2012, there were 90,378 traffic crashes in Texas that involved distracted driving. These crashes resulted in 18,468 serious injuries and 453 deaths. In fact, nearly one in four crashes in Texas involve driver distraction.

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Published on: April 23, 2013

National Highway Traffic and Safety Administration Investigations and Recalls May Not Accurately Represent Car Safety

By Carabin Shaw

In 2012, about 16.2 million car and truck owners received notification that their vehicles had safety problems and were being recalled. However, despite the high number of recalls, according to the Center for Auto Safety, changed auto recall accounting methods are raising questions about the productivity of defect investigations. Additionally, according to John Claybrook, former head of the National Highway Traffic Safety Administration (“NHTSA”), investigations by the agency are taking longer than they should, meaning many drivers could be driving unsafe vehicles without being aware of it.

The Department of Transportation’s NHTSA has the authority to issue vehicle safety standards and to require manufacturers to recall vehicles that have safety-related defects or do not meet Federal safety standards. Recalls are necessary when a vehicle or vehicle equipment (including tires) does not comply with a Federal Motor Vehicle Safety Standard or when there is a safety-related defect in the vehicle or equipment.

While manufacturers voluntarily initiate many recalls, auto companies are required to tell the NHTSA about claims they receive about serious injuries and deaths in their vehicles, so that NHTSA can then investigate the claims. Owners may also submit complaints to the NHTSA, prompting investigations.

Recall Accounting Methods Raises Safety Concerns

Due to budget issues, 28 NHTSA investigators handle every inquiry and complaint brought to the agency–meaning 28 individuals are responsible for investigating every automaker, truck maker or parts supplier.

In a recent New York Times article, David Strickland, current NHTSA administrator, argues that the limited number of investigators are sufficient due to new tools for data analysis, which allow the investigators to work more efficiently. Strickland added that NHTSA investigations resulted in 134 vehicle recalls in 2012, the second highest number since 1966.

According to the executive director of the Center for Auto Safety, Clarence Ditlow, however, the total number of recalls does not accurately measure the agency’s productivity since one inquiry can generate dozens of recalls. Specifically, federal auto safety regulators are counting what used to be considered multiple recalls as one recall. For example, 61 of the 131 recalls reported in 2011 resulted from one investigation involving aftermarket sunroofs–any car dealership or business that installed a sunroof was listed as a separate recall. As a result, the number of investigations actually being carried out is far fewer than expected based on the number of recalls.

Defect Investigations Taking Too Long and Kept Secret

In 2011, the U.S. Transportation Department reported that not all investigations were being completely in a timely fashion. At that time, the Transportation Department reported that 40% of those cases investigated missed the deadline by an average of six months. More recently, however, NHTSA’s investigations into possible defects and safety issues have been taking much longer than the agency’s own 12 months guideline. According to Claybrook, a safety investigation into 2002-2005 Ford Explorers and Mercury Mountaineers took 42 months–well over the agency guidelines of 12 months.

Perhaps even more concerning, is the fact that information about the investigations is only available to the public and news media through a Freedom of Information Act request. Even then, carmakers can still request the information they submit to the NHTSA be kept confidential. This means that car buyers may not learn the vehicles they own or are thinking about buying have raised safety concerns at NHTSA and among auto manufacturers.

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Published on: February 23, 2013

Texas Legislators Seeking Statewide Ban on Texting While Driving

By Carabin Shaw

Unlike the majority of the states across the country, texting while driving is not currently illegal in the State of Texas. This is despite evidence showing that looking at a cell phone while driving can lead to dangerous and deadly car accidents. Car accidents are common occurrences, even when a driver is not distracted. However, accidents become even more common in cases where drivers are texting and driving. In fact, according to Distraction.gov, an official U.S. Government website for distracted driving, text messaging creates a crash risk 23 times worse than driving while not distracted. Additionally, according to the Texas Department of Transportation, of the state’s 3,048 traffic fatalities in 2011, distracted driving ranks third on the list of causes.

Unfortunately, the State of Texas lags behind 39 other states and the District of Columbia, and has no official ban on texting while driving. In 2011, State Rep. Tom Craddick, R-Midland, passed a bill called the Alex Brown Memorial Act in honor of 17-year old girl killed in a single-vehicle accident while texting and driving. The bill would have prohibited texting in driving throughout the State of Texas, but Governor Rick Perry, citing that the states should not micromanage people’s behavior, vetoed the bill.

The good news is that state legislators are once again seeking to have some sort of distracted while driving bans established that would hopefully limit drivers from texting behind the wheel. Rep. Craddick is among a half dozen legislators who filed bills for the 2013 Legislative Session seeking a statewide ban on texting while driving. Although the proposed bills vary, all of them look to placing restrictions on the use of handheld wireless communications while driving. The bills are gaining momentum in the Legislature and could pass again. Although Gov. Perry can veto the bill, this time around, there is a chance it could be overridden by a veto. If passed, these laws will most likely not go into effect until 2014.

With the exception of drivers in school zones, novice drivers, and school bus drivers, there is no statewide prohibition on using your cell phone and texting while driving in Texas. Specifically, the following laws are currently in place:

• Drivers under the age of 18 are not allowed to using their cell phone at all while driving –meaning they cannot text, surf the Internet, or place calls.

• Drivers are prohibited from using handheld devices in school crossing zones.

• New drivers with Learners Permits may not use handheld devices during the first six months of driving
• School bus drivers are not allowed to text or use any other form of hands free devices while behind the wheel with passengers ages 17 or under.

In each of these cases, an officer can stop and cite a driver for using a cellphone without a secondary reason for pulling the driver over. Notably, Texas also has a category for cell phone/electronic equipment distraction on police accident report forms.

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Published on: January 22, 2013

Study Says Obese Are 80% More Likely To Die In A Car Crash

By Carabin Shaw

According to a study of data accumulated by the National Highway Traffic Safety Administration (NHTSA), obese drivers have a higher probability of dying in a car crash than those who are of normal weight. In fact, their chances of death in an accident are 80% higher than those who weigh less.

Transport safety researchers Thomas Rice and Motao Zhu related their findings in an online publication of the Emergency Medicine Journal.

Since one out of every three American adults is considered to be obese, this new study is alarming. Interestingly, the study revealed that obese females were at an even higher risk of being a car crash fatality than their male counterparts.

Time will only tell whether this study will invoke changes by automobile manufacturers to make vehicles safer for obese drivers.

The study that covered a 12 year period from 1996 to 2008, examined 57,500 car crashes. The data included all of the deaths that occurred within 30 days of the accidents.

One finding illustrated the fact that obese vehicle occupants in general had a host of other health problems that reduced the probability of surviving a serious injury. The other finding was that seat belts do not properly interact with the human body when one is obese. Simply put, the lower body of an obese driver continues to go forward in a crash while the upper body is held back. This is because the excess padding and abdominal fat cause a delay in the time it takes to tighten against the pelvis.

Obesity was determined by body mass index (BMI). A BMI of 30 and over is considered to be obese. A BMI of 18.5 is considered to be normal.

Some conclusions reached were:

• A driver with a BMI of 30 to 34.9 was 21% more likely to die in a crash than a driver with a normal BMI.

• A driver with a BMI of 35 to 39.9 was 51% more likely to die in a crash than a driver with a normal BMI.

• A driver with a BMI of 40 or higher was 80% more likely to die in a crash than a driver with a normal BMI.

Another finding in the study was that underweight men were more likely to die in a crash than those with a normal BMI. Underweight men were those with a BMI of less than 18.5.

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Published on: January 18, 2013

Toyota Settles “Sudden Acceleration” Case In Utah

By Carabin Shaw

The Toyota Motor Company has agreed to settle one of its “sudden accelerator” product liability cases in Utah that killed two people and injured two other family members. The case was set to go to trial in February. Details of the terms of the settlement were not disclosed.

In December, Toyota agreed to settle hundreds of claims in a class action for individuals who declared that they suffered economic losses due to a recall of millions of its cars because of sudden acceleration issues. That settlement was reported to be for more than $1 billion.

However, hundreds of other plaintiffs who are suing for serious personal injuries and wrongful death were not included in that massive deal. Those cases are pending and the Utah case was one of the bellwether cases set to go to trial first. Typically, bellwether cases are large cases based on the same theories of recovery, which judges and lawyers use as guidelines for evaluating cases that follow.

The Utah settlement was reached for an accident that involved Paul Van Alfen, his wife, son and his son’s fiancee, Charlene Jones Lloyd. Their accident occurred on November 5, 2010, on I-80 close to Wendover, Utah. As they were traveling on the interstate, their Toyota Camry suddenly accelerated, went through a stop sign at the bottom of an exit ramp and struck a wall. Skids evidenced Van Alfen’s attempt to stop the vehicle as it left I-80.

The accident resulted in two fatalities, Van Alfen and Lloyd. Van Alfen’s wife and son received injuries.

An investigation conducted by the Utah Highway Patrol revealed that the collision occurred because the accelerator was stuck, causing the Camry to suddenly accelerate.

Other settlements have recently been reported, including one involving a retired Los Angeles police officer and another involving a California Highway Patrol officer. In the latter case, the patrol officer and his entire family were killed near San Diego in 2009 when their Lexus suddenly accelerated, hit speeds of over 120 miles per hour, flipped and burst into flames. Investigation revealed that the accelerator had been mashed down by an improperly sized floor mat.

Toyota issued a statement that the recent settlements should not be an indication of what’s to come for other pending lawsuits. In other words, Toyota is going to pick and choose the weaker cases that they take to trial and settle the larger, stronger headline cases.

The company continues to stand behind the safety and integrity of their cars, while blaming these tragic accidents on driver error, faulty floor mats and faulty accelerator pedals.

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Published on: December 27, 2012

93.3 Million Americans Take To The Road Over The Holidays

By Carabin Shaw

According to AAA, one out of every four Americans will hit the road between December 22, 2012 and January 1, 2013. This means that approximately 93.3 million people will take a trip of over 50 miles from their home, as 2012 comes to an end. This is an increase of nearly 2%, up from 91.8 million in 2011.

The majority of the travelers (84 million) will be traveling by automobile, representing approximately 27% of the entire population of the United States. These numbers have remained very consistent for the last decade. There was only one year where the fluctuation was more than 5%.

The year-end season is the least affected time for travel due to high gasoline prices or other economic issues. Robert Darbelnet, the CEO of AAA, says that people will always make it home at this time of the year. AAA is expecting more and more Americans to stuff their stockings with airline tickets and hotel reservations, as economic indicators are trending upward.

With the increased traffic on America’s roadways, the American Trucking Association has gotten involved with the distribution of materials advising motorists to stay out of trucker’s blind spots and avoiding cutting in front of trucks, among other things. It is also advisable to have an emergency kit in your vehicle in case of an accident.

Remember, the driver of an 80,000 pound 18 wheeler traveling at highway speeds cannot stop on a dime. FedEx Freight professional driver Dion Saiz acknowledges that driving during the holidays is challenging. Everyone is anxious to visit their families for one last visit in 2012 or finish up shopping the year-end sales. His best advice to all is to remain focused and be patient.

Another Share the Road Professional Driver, Dennis Martin with UPS Freight, simply advises everyone to “buckle up” and be aware of the weather conditions that you are going to be facing on your trip.

With over 25% of the U.S. population being on the roadways, it is inevitable that accidents are going to occur no matter how cautious motorists and truckers are. Accidents involving a couple of passenger cars are serious enough but collisions between passenger cars and 18 wheelers often have catastrophic results. Simply because of the size difference alone, a passenger car or a pickup truck is no match for an 18 wheeler. Unfortunately, tragic often disabling injuries and even fatalities can result when the two collide.

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Published on: December 21, 2012

West Texas Dust Storm Causes Major Accidents

By Carabin Shaw

The Texas Department of Public Safety (TDPS) reported that a severe dust storm close to Lubbock caused multiple accidents early in the afternoon on Wednesday, December 19, 2012. There were 23 vehicles involved in the chain-reaction pileup injuring some 17 people and killing one.

TDPS Cpl. John Gonzalez said that the visibility was so bad that “you couldn’t see past the hood of your vehicle.” Winds with gusts of 55 miles per hour or so stirred up the sand and dust from dry fields making it impossible to see the stopped vehicles already involved in accidents on the southbound side of I-27. He said that there were a series of collisions that happened simultaneously in “domino fashion”, when drivers’ visibility went to zero.

One man was killed when his SUV rear-ended an 18 wheeler that had been involved in an accident. Some 17 other people were injured in the crashes but none of them were serious or life threatening. The majority of the injured people were taken to the University Medical Center in Lubbock for treatment and then released.

The accidents and the visibility concerns caused the TDPS to close I-27 in either direction for about five miles from Abernathy to New Deal for six hours. Once the interstate was opened to traffic, a TDPS bulletin was released warning of the dangerous driving conditions between Lubbock and Amarillo.

Landowners were being advised to plow their fields so that the loose sand would not blow off so easily during wind storms, after the prolonged drought.

This is the second major interstate pileup in Texas in the last thirty days. The other occurred on Thanksgiving Day just west of Beaumont, Texas. The cause of that massive chain-reaction accident was fog, resulting in near zero visibility at around 9:00 a.m. Some 150 vehicles were involved in that series of accidents that injured more than 100 people and killing two, when their SUV was crushed by an 18 wheeler.

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Published on: December 14, 2012

Texas Tech Study Explains Why Motorists Misjudge Motorcycles

By Carabin Shaw

There was recently an interesting article authored by a parent whose son was injured in a motorcycle accident. The accident occurred in Washington, D.C. when a cab pulled out in front of the son’s motorcycle, failing to yield the right-of-way. The son slid underneath of the cab, which stopped to avoid running him over.

According to the parent, his son received minor injuries and road rash. Why would a cab driver pull out in front of his son? What was the driver thinking? Nothing seemed to matter other than this guy could have killed his son. The cab driver’s answers would do little to temper this parent’s anger.

Unfortunately, the facts and circumstances of this motorcycle accident are all too common. Generally, it is almost always another vehicle failing to yield the right-of-way to a motorcycle versus the other way around. Often motorcycles are challenged when motorists change lanes in front of them or into the side of them. Many motorcyclists suffer serious injuries as a result. Motorcycle accidents invariably result in serious life threatening injuries or death. Riders are simply too exposed and unprotected to sustain an impact with a car or truck without being badly injured or killed.

So, why do other motorists have such a difficult time seeing a motorcycle? The answer might be contained in a Texas Tech University perception study. Perception experts have discovered that drivers misjudge the speed and distance of a motorcycle because of its smaller size.

When a driver sees another vehicle coming, the mind attempts to calculate how far away it is and how fast it is going to avoid a collision. During the process, the mind uses certain depth perception clues to make this determination. Simply put, the mind decides that the bigger the object is, the closer it is. With a motorcycle, this is not always true due to its size.

The conclusion of the study conducted in Lubbock, Texas is that motorists, in general, are causing accidents by pulling out in front of smaller vehicles and motorcycles. The reason is that they perceive these smaller objects are farther away than they actually are.

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Published on: November 9, 2012

Last Day Without A Fatality On Texas Roads Was 12 Years Ago

By Carabin Shaw

The Texas Department of Transportation (TXDOT), in conjunction with the Texas Department of Public Safety (TDPS), issued a bone chilling statement this week. It has been 12 years since there was a day that went by without a single traffic fatality on our Texas roads. That day was Wednesday, November 7, 2000.

Since then, over the last 4,383 days there have been 41,252 people killed on Texas roadways. That is almost 10 fatalities a day and the total of 41,252 deaths is approximately the population of San Marcos.

According to TXDOT officials, the primary reasons for the fatalities occurring on our 80,000 miles of state roadways were drinking and driving, distracted driving and not wearing seat belts. TXDOT Executive Director, Phil Wilson, said “One fatality on a Texas roadway is one too many, and to see as many as eight or 10 in a single day is unacceptable.”

Statistics reveal that there were 3,048 fatalities in 2011 alone, with the causes listed as follows:

• 28.9% of the fatalities resulted from not wearing seat belts
• 34.9% of the fatalities were due to drinking and driving
• 13.4% of the fatalities were caused by driver distraction (talking on the phone, texting, etc.)

Part of TXDOT’s effort to drive the safe driving message home has been to display the number of fatalities on huge message signs along Texas highways. So far, there have been 2,545 deaths on Texas roadways in 2012. These numbers are updated on a monthly basis.

TXDOT offers these simple rules for saving lives and reducing the number of fatalities on our roadways:

• Buckle Up
• Pay attention
• Put the smart phone away so you won’t talk or text
• Never drink and drive
• Use the left lane only for passing
• Obey all traffic laws
TXDOT and TDPS have asked all citizens to please do their part to keep our Texas roadways safe. Adding to the dangers that already have existed on our roadways is the 85 miles per hour speed limit on portions of our state highways. Many vehicles or not safe going that fast and their drivers are not prepared to react under those conditions. Remember, only you can help save lives.

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Published on: May 23, 2012

The Number of Red Light Cameras in Texas has Increased During the Last Decade

By Carabin Shaw

The number of red light cameras installed at intersections in Texas and throughout the nation has exploded in recent years. In 2000, only 25 U.S. cities used red light camera technology. Currently, more than 500 cities in approximately half of all states have begun using the equipment. Red light cameras are mounted on poles at intersections and operate using sensors embedded in the roadway. The sensors take photos of automobiles that cross into an intersection against a green light. In some cities such as Seattle, Baltimore, and New York, speed cameras also monitor motorists as they navigate the streets.

Although many claim the cameras increase safety by cutting down on traffic accidents, scientific research tends to refute such claims. In a seven-year study of 28 intersections, the Virginia Transportation Research Council found the accident rate increased by 12 percent at Northern Virginia intersections following implementation of red light camera technology. Although the number of crashes that resulted from red light running decreased at the intersections, rear-end collisions reportedly increased by 27 percent. Considering that four times more accidents resulted from rear-end crashes than red light running at the intersections, the Council found that the overall number of crashes actually increased. Additionally, the study found half of the cities examined experienced an increase in injuries following red light camera implementation. Council researchers concluded there was no definitive safety benefit associated with the installation of red light cameras.

This year, the University of South Florida published research that found cities with red light cameras have 25 percent more traffic deaths related to red light running than cities without the technology. The Journal of the Institute of Transport Engineers recently published research from seven states that found rear-end crashes increased at intersections where red light camera technology was installed. Additionally, a 2005 investigative report by the Washington Post found red light cameras doubled the accident rate and increased injuries by 81 percent at 30 intersections in the District of Columbia.

Critics of the technology believe red light cameras are being installed at an increasing pace because they generate much needed funding for many cash strapped municipalities. Despite that most red light cameras are operated by a vendor, cities still make a large profit off of the cameras. For example, municipalities across the State of Texas brought in approximately $100 million in red light camera revenue in 2011. In fact, the City of Dallas was recently accused of making yellow lights at red light camera intersections shorter than established Texas Department of Transportation requirements in an effort to increase ticket revenue.

Automobile accidents caused by red light running or other negligent driver behavior can result in tragic injuries to you and your family. If you were hurt in an accident caused by another person, you may be entitled to compensation for medical expenses, disability, lost wages, suffering, pain, and other damages. If you lost a relative in a tragic car accident, you may also be eligible to file a Texas wrongful death claim. Although no amount of money can bring back your loved one, it is a good idea to contact a hardworking Texas personal injury attorney following any accidental death.

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