Texas Injury Lawyers Blog

Published on: January 16, 2013

Texas Department of Transportation Blames Distracted Driving For Fatal Crashes

According to the Texas Department of Transportation, the East Texas rural roads are deadlier than traveling on other major thoroughfares and interstates. This news is released as new crosses are being erected at the scene of yet another fatality near Longview.

Even though the number of fatal crashes has gone down in recent years, over 50% of the fatalities in the surrounding five counties around Longview since 2007 have been one vehicle accidents. This has led the Department of Transportation to conclude that distracted driving is the culprit in these collisions.

Further evidence in support of this conclusion is the fact that only one death occurred in more than 90% of the fatal accidents. In the five county area including Gregg, Rusk, Harrison, Panola and Upshur, there has not been any single accident since 2007 that resulted in more than three fatalities.

Jean Dark, with the Texas Department of Public Safety (TDPS), stated that the reason is simply because most accidents occur on farm-to-market (FM) roads and involve only one car or pickup striking a tree, after leaving the road. This contrasts with multi-vehicle crashes on interstates. She explains that the difference is the tremendous impact that occurs when a vehicle strikes a stationary object such as a tree. It just “doesn’t give like another car would.”

The Department’s data indicated that 54% of all the accidents in the five county Longview area involved a single vehicle leaving the road, striking an object or flipping over. Only 38% of the wrecks involved two vehicles.

Dark said drivers just have to “pay attention to driving,” because if someone isn’t, it “can change your life.” For example, on two-lane FM roads, the oncoming traffic is separated from you by nothing more than a center stripe. You trust the other driver is paying attention and will stay on their side of the road. Unfortunately, sometimes they are distracted and they cross over into your lane.

Accidents resulting in fatalities have been around long before all of the gadgets we now have to distract us, such as cellphones, smartphones, iPads, iPods, headphones and GPS, just to name a few. Nationwide statistics show that distracted driving is one of the major causes of traffic fatalities. The TDPS data indicates that there were over 100,000 vehicles involved in accidents caused by distracted drivers in 2009 and new data is expected to confirm that those figures are continuing to rise.

Many of the crashes are the result of drivers trying to text message while driving. In 2009, the Texas Legislature passed a law which prohibits the use of any type of wireless device in a school zone. Another attempt to get a law passed to ban texting while driving is going to be on the table again during the 2013 legislative session. In 2011, Governor Perry vetoed a texting ban proposal.

Studies have shown that the use of a cellphone and texting while driving are equally, if not more dangerous, than driving while intoxicated.

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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: December 3, 2012

Thanksgiving Day Pileup: Deadly Evidence of Accidents At Interstate Speeds

By Carabin Shaw

It was about 8:45 a.m. on Thanksgiving morning, the most traveled day of the year, when one of the most horrific accidents in Texas occurred on Interstate 10 outside of Beaumont. The weather conditions were extremely foggy and cars were apparently slowing down due to the lack of visibility. Deborah Leggio, 60, and her husband Vincent, 64, were killed when their Chevrolet Suburban traveling eastbound was struck from the rear and crushed by an 18 wheeler, which ended up on top of their vehicle. Ultimately, some 140 to 150 vehicles were involved in the pileup.

A veteran police officer for more than 25 years, Jefferson County Sheriff Deputy Rod Carroll, 46, heard an emergency call about the multi-vehicle accident and he responded. Even though Deputy Carroll is a paramedic, he was not prepared for what he was about to witness.

When he arrived at the scene, he stated that the area was so foggy that it was impossible to see more than ten feet in any direction. He reported that there were cars on top of cars, 18 wheelers with massive damage, vehicles in the median and on the side of the interstate with damage and personal articles spread along the roadway.

Deputy Carroll related that the collision scene was over a mile long, with twisted metal making it difficult to determine what type of vehicles were involved. The scene was filled with officers and rescuers, including people who had been involved in the massive pileup, trying to pull victims from their vehicles and give them aid. He said “it was like a Third World Scene”, not knowing what to expect as he walked through the wreckage.

Initially, it is believed that the first collision occurred on the eastbound side of the interstate and westbound collisions followed. Every ambulance in the area was busy transporting some 80 t0 90 individuals to local hospitals. There were 10 to 12 victims who were listed as serious to critical.

The westbound lanes of Interstate 10 were closed for approximately five hours and the eastbound lanes were shut down for over eight hours, while the investigation and cleanup continued.

With most highways in the United States now allowing speeds of 70 to 75 miles per hour, Texas has gone to even a different level. A 41 mile toll road from Austin to San Antonio is going to have an 85 mile per hour speed limit. There is an 80 mile per hour speed limit for some highways in West Texas. The problem is that the higher the posted speed limit, the faster people think that they can drive over the limit without being ticketed. People are now testing their radar detectors and driving at speeds ranging from 85 to 100 miles per hour on interstates.

Unfortunately at speeds like this when something goes badly wrong, such as rain, fog, another accident, a blowout or a distracted driver, the result is going to be massive and more lives will be lost.

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Published on: November 21, 2012

Thanksgiving Traffic Safety   

By Carabin Shaw

Thanksgiving weekend is the most traveled holiday period of the year with almost 90% of those traveling doing so by car.  To lessen your chances of becoming one of the statistic this year, here are a few things to keep in mind:

• Seat Belts: Keep yourself safe and ticket free by wearing a seat belt.

• Speed: Speeding is a common cause of accidents and you run the risk of a speeding ticket.

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Published on: November 21, 2012

Thanksgiving Traffic Safety

By Carabin Shaw

  Thanksgiving weekend is the most traveled holiday period of the year with almost 90% of those traveling doing so by car.  To lessen your chances of becoming one of the statistic this year, here are a few things to keep in mind:  

• Seat Belts: Keep yourself safe and ticket free by wearing a seat belt.

 • Speed: Speeding is a common cause of accidents and you run the risk of a speeding ticket.

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Published on: November 20, 2012

New Concerns Arise About Biomet Metal Hip Replacement Devices in the Wake of Stryker and Depuy recalls

By Carabin Shaw

Hip replacement surgery is a relatively common procedure for baby boomers and older adults who are restricted from their normal activities due to pain associated with severe arthritis. Usually, this option is entertained only after all non-surgical treatment has failed.

Although the use of prosthetic hip implants date back into the 1960s, there has continued to be an effort by manufacturers to improve on their design. As a result, many implant designs have been around for decades and have long track records of success. Others are newer and have little or no track record.

For many years plastic and ceramic orthopedic implants were used exclusively. Over the last decade, metal hip replacements became more common. It was expected that those devices would be more durable, last longer and reduce the possibilities of dislocation. As a result, some 500,000 people underwent metal hip replacement surgery. Data now indicates that metal on metal hips may be failing earlier than expected, in addition to causing a multitude of other medical problems, such as pain, popping sounds, and the release of metal ions into the body.

British experts have reported that over six percent of the patients with metal hips needed to have them replaced after only five years or less, when they were expected to last 10 to 15 years. This was three times the two percent failure of ceramic or plastic joints.

Most metal hip prosthetic devices on the market in the United States were granted clearance by the FDA for the manufacturer to market the device without having conducted clinical trials. This is not unusual, since 90% of all medical devices marketed in the United States obtained approval under the FDA’s fast track system. That system, tagged the 510k system, waives clinical trials for devices that are similar to other products already being used. Since ceramic and plastic hips had been marketed since the 1960s, new devices were approved without testing.

While recent news reports and lawsuits have focused around the metal hip replacement devices manufactured by Stryker and Depuy that have since been recalled by the FDA, new concerns are reportedly beginning to circulate about metal hip replacement devices manufactured by Biomet. At least one lawsuit has alleged that the FDA had received numerous adverse event reports about Biomet metal hip replacement devices, but the company continued to market them. As with other metal hip replacement devices, reported concerns focus around the need for additional corrective surgeries, pain and discomfort, and the release of metal ions into the body.

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Published on: November 15, 2012

Houston Innovation Reduces Fatality Rate In Wrong Way Crashes

By Carabin Shaw

There always seems to be a series of fatalities across the country on New Year’s Eve, caused by someone driving on a freeway traveling in the wrong direction. During 2012, Houston had several wrong way crashes that occurred back to back on I-45 near the Woodlands. In August 2012 alone, Atlanta had five fatalities that were linked to wrong way crashes. Over a five year span, Georgia has had over 100 people killed in similar accidents.

Notwithstanding increased signage to warn drivers that they are going the wrong way and other improved markings, people still get on the freeways headed in the wrong direction. Without a doubt, most of these collisions are caused by drunk drivers.

Following a wrong way triple fatality that happened in Houston, Texas on New Year’s Eve in 2008, the Harris County Toll Road Authority began to search for some way to solve the problem.

Its toll technology company, TransCore, had to start from scratch, since there was no model to follow. Whitt Hall, Vice President of TransCore, said that the company built a system to detect when cars were traveling the wrong way on exit ramps. The system uses speed radars to detect the location of someone entering the freeway on an exit ramp. This sends a warning to the toll authority’s command center, programmed cameras activate at the location and a dispatcher alerts an officer to respond immediately. Simultaneously, message boards are activated to warn drivers in the area of a wrong way driver and to move over and stop.

Assistant Chief Randy Johnson, who is with the Harris County Toll Road Authority, said that “we have told all of our officers not to chase a wrong way driver, but to get yourself in a position to deploy a spike strip.”

Costing $335,000 for an installation in 19 locations, the system is not cheap. However, the results are extremely impressive. Since it was installed four years ago, the 17 mile span has had 100 wrong way drivers without a single accident.

In order to resolve false alarms when it is raining hard or gusty winds blow objects the wrong way the toll authority is going to spend another $500,000 to install sensors in the pavement.

In addition to winning various awards, there has been much interest from Mexico, Columbia and China. The Texas Department of Transportation (TXDOT) has spent $500,000 in San Antonio to utilize the same system by installing radar devices, message boards and flashing signs on the most dangerous freeway stretches.

For Atlanta, the cost to recreate Houston’s system on I-285 would be roughly $3 million. For now, they rely on drivers calling 911 to report a wrong way driver. Unfortunately, the time difference is deadly between a sensor advising of a wrong way driver and getting a 911 call.

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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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