Recent Blog Posts
Drowsy Driving in Texas Leads to a Passenger’s Death
Last November, at approximately 3 a.m., a driver fell asleep behind the wheel while driving on I10 West in El Paso, Texas. The driver’s vehicle veered off the highway, struck a metal pole, and then caught fire. He had two male passengers with him. One passenger died at the scene and the other was transported to a nearby hospital with life-threatening injuries. The driver sustained minor injuries.
Drowsy driving is incredibly dangerous and can lead to accidents like this one. If you were in a car accident caused by an overly tired driver who should not have been behind the wheel, contact an Austin personal injury attorney right away. Many victims of car accidents try to rely on insurance to cover their medical expenses and pain and suffering. However, an insurance settlement is not always the answer. You may need to seek recovery in court.
The Dangers of Drowsy Driving
Few people consider how tired they are when they drive. However, that is because people may not be aware of how dangerous it is to operate a vehicle while they are drowsy. Driving while overly tired can produce the same effects as drunk driving. Individuals become less focused, less able to recognize hazards in the road, and slower to respond when they see a problem. Overall, they are less able to safely operate the vehicle. Drowsy drivers are also highly likely to fall asleep behind the wheel no matter how loud they turn up the music or whether they roll down the windows for fresh air.
Texas Pedestrian-Vehicle Accident Leads to Amputation
On Nov. 2nd, Texas actress and country artist Savannah Welch was struck by a vehicle while at a local Wimberley farmer’s market. The vehicle was attempting to leave the market when the driver may have confused the brake and gas pedals, ultimately running into a vendor area, hitting a van, and striking Welch and another individual. Due to the extent of her injuries, physicians had to amputate Welch’s right leg. Amputations following auto accidents are relatively common. In many situations, an individual’s limb may be too damaged to heal correctly and allow that individual adequate function and mobility in the future. In order to protect that person’s life and wellbeing, doctors will amputate the limb.
If you suffered a traumatic amputation because of a collision, you may have the right to bring a personal injury claim against the driver who caused the accident. For more information on filing a personal injury lawsuit in Texas, contact an attorney today.
Texas Woman Files Suit against Honda and Takata Due to Defective Airbag
In September, one Texas woman was in a minor car accident. Instead of her airbag protecting her, the defective equipment detonated, sending shrapnel into her car. Metal and plastic pieces struck the woman in the arms and chest, causing her serious injuries. The Texas woman is suing Honda and the U.S. subsidiary of Takata. Her lawsuit claims Takata knew the airbags used in her vehicle as well as many others were defective and dangerous. This is hardly the first Takata airbag-related injury. More than 150 people have sustained injuries and 11 Americans have died due to the defective safety equipment.
Takata Airbag Recalls
Honda is not the only vehicle manufacturer affected by defective Takata airbags. These airbags have been placed in a variety of models for 14 automakers. Manufacturers have recalled numerous vehicle models made between 2002 and 2015 because the airbags can explode, causing serious injuries or death to the vehicle’s occupants. The source of the issue is that these airbags use ammonium nitrate-based propellant without any drying agent. When the environment is humid or moist, the bag’s inflator, which is a metal cartridge, ruptures. That is why the explosion can include metal shrapnel that can lead to deep lacerations and eye injuries. Overall, more than 100 million vehicles around the world have been recalled, starting in late 2014.
Texas Representative Endorses Bill to Ban All Texting While Driving in Texas
Texas Rep. Tom Craddick, R-Midland, is attempting once again to get a statewide ban on cell phone use while driving through the state legislature. According to the representative, Texas is only one of four states that does not have a distracted driving law. Currently, Texas bans young drivers and bus drivers from using mobile phones while behind the wheel, and close to 100 cities have banned cell phone use while operating a vehicle at a municipal level. However, Craddick and others believe this is not enough to save lives and they want all texting while driving to be illegal.
Distracted Driving Crashes in Texas
Craddick may be right as 476 people were killed in crashes that involved distracted driving in 2015. This was a slight increase from the year before, according to the Texas Motor Vehicle Traffic Crash Facts. Additionally, 4,148 accidents in Austin last year were related to distracted driving, KXAN reported. This is despite the fact that Austin is one of the cities that bans hand-held devices through a local ordinance. In Austin, if you are found using a hand-held device you could be fined up to $500.
School Zone Laws and Wrongful Death in Texas
A MacArthur High School student was struck by a truck and killed outside of his school in late October. The student lived in an apartment complex close to the school and had to cross a busy five-lane road without a crosswalk to get to his class before 7 a.m., according to the Houston Chronicle. The student had crossed the first two lanes and was waiting in the turn lane for a break in traffic when he was struck by a truck driven by a 33-year-old woman taking another student to the school. Investigators believe the truck may have been traveling up to 40 mph at the time of the collision. This is the third fatality in a Houston-area school zone, the Chronicle reported.
Texas School Zone Laws
Local towns and municipalities have the authority to impose special driving laws for vehicles in school zones when children are present. These laws can significantly change the way a motorist drives. For example, a road that may normally have a 30 mph speed limit may have a 15 mph speed limit during school hours. Schools located on highways with speed limits of 55 mph or more may have a buffer zone with a speed limit of 35 mph before and after the actual school zone.
Defective Children’s Riding Toy Leads to Injuries and Recall
In late October, Peg Perego USA recalled children’s riding vehicles due to a fire and injury hazard. According to an announcement by the U.S. Consumer Product Safety Commission, the company recalled 3,000 of the 850 Polaris Sportsman toy vehicles. The vehicle uses a 24-volt battery and is intended for kids between the ages of five and seven. The toys were sold in stores and online between October 2014 and May 2015. Due to the circuit board failing, the motor overheats and can ignite, causing a fire and burn hazard. There have been at least three reports of children using the toys when they have overheated, and one of these includes burn injuries.
If your child has this model of a Peg Perego children’s riding toy, you should immediately stop using it. Your child could be hurt. However, if your child has already suffered an injury because of this toy vehicle or another Peg Perego model, contact the New Braunfels personal injury attorneys of the Bettersworth Law Firm immediately.
Take Advantage of Your Smartphone after an Auto Accident
Using your cell phone while you drive is not only dangerous, it is often illegal. Texas and many cities in the state have strict cell phone laws. Young, inexperienced drivers cannot use handheld or wireless communications while operating a vehicle. In most cities and in school zones around the state, it is illegal to text while driving. However, after you have been in a car accident and have come to a complete stop, a cell smartphone can be incredibly useful. The following includes information regarding how you can take advantage of having a cell phone after a collision:
Call for help immediately.
Decades ago, someone had to get to a landline to call 911. Now, if you, someone in your car, or someone in another vehicle needs help, you can pick up your cell phone and call 911. This is a major advantage; indeed, the sooner you call, the faster first responders can get to the scene and provide aid.
Semi-Trucks: The 80,000 Pound Threat on the Road
Getting into an accident with a truck can lead to severe injuries or death. When trucks are fully loaded, they can weigh 80,000 pounds and are no match for passenger vehicles. In 2015, 34,230 crashes involving tractor-trailers in Texas were reported. Of those, 601 people died and 1,522 people were left with severe injuries. Many more were left with non-incapacitating injuries.
Getting into an accident with a truck can also lead to a complex lawsuit because there could be several parties potentially liable for your injuries. In addition, the lawsuits tend to be complex because there are laws that specifically apply to trucks.
Federal Regulations
Because of the dangers trucks pose, there are many laws in place meant to keep drivers of cars safe. Depending on the truck that hits you, state or federal regulations may apply. If the truck is only driven in-state, typically state law applies. Federal law applies to trucks who drive across more than one state.
Whiplash Symptoms after a Car Crash
Similar to other types of injuries that drivers experience as a result of car accidents, whiplash is an injury that can slowly creep up on us as the days and weeks following the crash unfold. Not all of the symptoms are apparent initially, making it difficult for us to be sure we are in fact truly unharmed after the collision. Rear-end accidents, in particular, are infamous for causing cases of painful whiplash. If you have recently been in a car accident, keep an eye out for the following three telltale signs that indicate you may be experiencing whiplash injury:
1. You notice an increase in stiffness or pain in the neck.
If you notice decreased range of motion in your neck or pain that is steadily increasing as the hours after the accident pass, you may be feeling the early effects of whiplash damage. Tenderness or pain in the arms or upper back may also accompany the neck pain.
2. Emerging headaches.
Your Rights When You Are Hurt in a Drunk Driving Accident
A driver in Houston has been charged with intoxication manslaughter after he hit a worker in early October. The accident occurred just before 2 p.m. and police believe the driver was intoxicated at the time. Unfortunately, drunk driving accidents that lead to serious injuries and deaths are all too common in Texas. Less than two weeks earlier a woman was killed in Harris County after a suspected intoxicated driver ran a red light and hit her vehicle head-on. This driver will also likely face intoxication manslaughter charges.
Alcohol-Related Crashes in Texas
Despite driving while drunk or impaired by drugs being illegal In Texas and throughout the U.S., many people still choose to get behind the wheel after drinking or taking controlled substances. These actions led to more than 10,000 alcohol-related crashes in Texas in 2015, according to the Texas Department of Transportation. Of these accidents, 861 were fatal that year, killing a total of 960 individual. Another 2,187 people suffered incapacitating injuries.
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