Texas Injury Lawyers Blog

Published on: December 21, 2012

West Texas Dust Storm Causes Major Accidents

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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Published on: November 5, 2012

Fatal Accidents Increase In Eagle Ford Shale Region

By Carabin Shaw

Since the Eagle Ford Shale exploration started in 2008, the region has experienced huge economic growth. With that growth there has been an influx of workers moving into the area for the oil and gas exploration boom. Along with that came an increase in 18-wheeler rigs hauling heavy equipment and supplies, which the narrow, two lane county roads and state highways simply cannot handle. Under the heavy traffic, the roadways are deteriorating and the numbers of fatal accidents are continuing to rise.

According to the Texas Department of Transportation (TXDOT) and the Texas Department of Public Safety (TDPS), the region has experienced a dramatic increase in fatal accidents. Karnes County, which is in the middle of the exploration area, has seen a whopping 1,440% increase in accidents involving commercial vehicles from 2008 to 2012. McMullen County saw its commercial vehicle accidents shoot up 1,050% and La Salle County had a 418% increase. Frio County had six fatal accidents in 2011, compared to only one in 2010. Most counties have seen fatal accidents rise ten times.

The heavy traffic to which the two lane county and state highways are being exposed is taking its toll. The roadways have been torn up by the massive 80,000 plus pound 18-wheelers, leaving potholes, uneven pavement and deplorable road conditions. A spokesman for the Texas Department of Public Safety, Trooper Richard Standifer, said that the increased numbers in highway deaths was definitely attributable to the situations existing in the Eagle Ford Shale Region.

Combined with the deteriorating roadways, there is concern that other contributing factors are involved in both the number of accidents and fatalities. For example, the drivers of the 18-wheelers are working 16 hour shifts for weeks at a time causing sleep deprivation, anxiety, fatigue, irritability, exhaustion, inability to concentrate, driving too fast and bouts of road rage. The combination of a fatigued driver and a big rig traveling down an uneven road filled with potholes at 65 or 75 miles per hour next to an unprepared driver of a 3,000 pound passenger vehicle is lethal. Any swerve due to inattention, texting, talking on the phone or trying to avoid a pothole can prove to be fatal. Make no mistake about it, when there is an accident between any type of passenger vehicle and an 18-wheeler, the resulting damages and injuries are usually catastrophic and often fatal.

For now, the combination of increased traffic, damaged roadways, fatigued drivers and the constant pressure of deadlines has made travel in the Eagle Ford Shale Region one of the deadliest in the country. While locals are enjoying seeing their local economy boom, they must face the downside as well.

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Published on: October 25, 2012

FDA Investigating Post-Operative Safety of Codeine in Texas Children

By Carabin Shaw

The United States Food and Drug Administration recently announced it was investigating whether codeine was safe for post-surgery use in children. The investigation began after the agency was notified of at least three deaths and one life-threatening adverse event in children between the ages of two and five who were allegedly given the drug following a tonsillectomy. Although each child reportedly received a medically acceptable dose of codeine prior to their reaction, doctors believe all of the children may have developed toxic drug levels due to a specific genetic trait.

According to Dr. Joseph R. Tobin, Professor and Chairman of Anesthesiology at Wake Forest University School of Medicine, codeine requires additional processing by the liver before it begins to work in the body. Codeine is reportedly transformed into morphine by liver enzymes in the patient. In about one-third of the population, codeine allegedly takes so long to metabolize it has little or no effect on pain. In others, codeine may metabolize very quickly and lead to toxic drug levels that can ultimately kill a patient. Dr. Tobin stated this is especially true in children who have anesthesia remaining in their system following surgery. When this occurs, a child may stop breathing without warning.

Most people are unaware of how quickly their bodies will metabolize codeine and there is no way to alter the metabolizing process. Still, the use of narcotics following surgery is reportedly risky in patients who are prone to respiratory depression. Dr. Peter Pronovost, a Professor at Johns Hopkins Medical Institution, stated underlying diseases such as sleep apnea and existing airway obstructions may have been a factor in the children’s deaths. He also said consumers should be aware that all pharmaceuticals can carry risks.

Many physicians reportedly believe codeine should not be used to manage post-operative pain. Safer and more effective drug alternatives reportedly include prescription drugs hydrocodone and oxycodone, as well as over-the-counter pain medications such as acetaminophen and ibuprofen. According to Dr. Alan Greene, Clinical Professor of Pediatrics at Stanford University School of Medicine, there is no demonstrated benefit to administering acetaminophen with codeine in lieu of simply administering acetaminophen to children following surgery.

Potential lawsuits are being evaluated throughout the United States for health risks that may be associated with the post-surgery use of codeine in children. If your child stopped breathing after being given codeine by a health care provider, you should contact an experienced personal injury lawyer to discuss your right to recovery.

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