San Antonio Personal Injury Lawyer - Automobile Accidents

Student killed while jogging

Beth Janicek — Mon, 28 Sep 2009 16:32:04 GMT

A University of the Incarnate Word student was killed while jogging in San Antonio. The student was training for the Rock ‘n’ Roll San Antonio Marathon, when he was accidentally struck from behind by an SUV. He later died at Brooke Army Medical Center. Police believe that the student may not have heard the vehicle because he was wearing headphones.

Pedestrian-motor vehicle accidents are a serious problem all over the world, but the United States has a particular problem with deaths and injuries. Every year in the United States about 5,000 pedestrians are killed and another 64,000 are injured in motor vehicle accidents. According to the National Highway Traffic Association and the Insurance Institute for Highway Safety, pedestrian fatalities account for 11% of all motor vehicle fatalities, which is the second largest category of motor vehicle accident deaths following occupant deaths.

There are several important jogging safety tips to remember to help prevent such tragic incidents:

Stay on the sidewalk unless running in an organized road race, on a quiet residential or country road, on a road without sidewalks, at a time of day where traffic is virtually nonexistent, on sidewalks which are hazardous because of conditions, or to sidestep a sidewalk which presents a temporary hazard.
Run or jog facing traffic as much as possible.
When a car is approaching give wide berth.
If you are involved in a near accident or experience an aggressive maneuver remember the license number and report the incident to the police.
If a car seems to be following you jog calmly into a public building and call the police. Try and get the license number and watch the vehicle’s reaction.
When crossing a road, always use the “look thrice” rule. Looking for traffic coming from the direction closest to the curb, looking the other way, and then checking one last time in the direction closest to the curb.
Do not jog or run with a portable music-player.
Avoid running or jogging in darkness.
For night jogging, always wear clothing with reflective articles.
Monitor the path before you and anticipate vehicles at every cross-path.
If running in pairs, exercise extreme caution if you are running side-by-side.

Distracted drivers are potentially very dangerous for pedestrians, so it is important to be observant on the road whether you are driving a vehicle or jogging on the street.

Originally posted at InjuryBoard by Beth Janicek

Your negligence in a car accident may affect the jury award

Beth Janicek — Thu, 24 Sep 2009 16:12:05 GMT

One of the biggest issues arising after a car accident is determining who is to blame. Sometimes it is obvious who was at fault, i.e. another driver runs a red-light and hits your car. While in other cases it can be hard to determine who is to blame. Texas state law considers the possibility that more than one person can be responsible for the accident. This consideration is based on “comparative negligence”, which means that both parties can be held accountable for the accident. It’s important because it allows a court/jury to reduce your damage award by the percentage that you are found to be fault. In Texas, you are barred from recovery if you are more than 50% responsible for the accident, this is referred to as modifed comparative negligence- the 51% bar rule.

Comparative negligence laws determine how much each party can receive based on their percentage of fault in the accident. How much you are at fault and the state’s comparative negligence laws affect the amount you recover. In Texas, under the modified comparative negligence -51% bar rule, you can only recover for your injuries if the jury determines that your fault does not exceed 51%. If you are determined to be 50% or less at fault then you can still recover damages, but your recovery is reduced by your degree of fault. For instance, if you are determined to be 25% at fault for the accident and the damage award is $1,000, than you are only eligible to recover $750 damages. This calculation applies to all of your damages received in the accident. When calculating the property damage this can be very difficult for people whose negligence contributed to the accident but they only have liability coverage.

It is important that Texas drivers know that their own negligence can be used against them. Your responsibility in the accident can affect the amount you can recover, or if you can recover at all.

Originally posted at InjuryBoard by Beth Janicek

$12 Million Verdict in Raymondville Tire Maker Court Case

Beth Janicek — Tue, 15 Sep 2009 16:33:33 GMT

A Willacy County jury returned an $11.96 million judgment against Michelin North America on Thursday, after finding defective tires caused a wreck that killed six people and left a 12-year-old boy paralyzed.

A manufacturing flaw in a Goodrich tire, made by Michelin North America, substantially contributed to a New Year’s Eve 2006 crash just outside of Matamoros. The tire on a 2002 Ford F-250 pickup truck separated from its tread, causing the vehicle to swerve into oncoming traffic colliding with a Chevrolet Suburban, killing all six passengers in the SUV.

The company has maintained that the bumpers on the Guzman family’s Ford scraped off the top of the tire, but attorneys for both families argued that leaks in the roof of a Tuscaloosa, Ala., manufacturing plant damaged the machinery used to make hundreds of tires. The faulty tire on Guzman’s F-250 was among that batch.

This verdict will considerably help Jesus Guzman, who was left paralyzed in the accident, and will have significant medical bills for the rest of his life. While no amount of money will bring back the families loved ones, I am glad that they got the compensation that they deserve.

Originally posted at InjuryBoard by Beth Janicek

Older drivers unaware of risks from drug side effects

Beth Janicek — Wed, 19 Aug 2009 13:19:08 GMT

According to a new study from the AAA Foundation for Traffic Safety in USA Today, many older drivers who take prescribed medication are unaware of the side effects that can affect their performance behind the wheel. The study conducted detailed interviews of 630 people between the ages of 59 and 63 and found:

People with one or more medical conditions – 95%
People using one or more potentially driver-impairing prescription medications – 69%
People who have received warnings about such medications from health care professional – 18%
People using five or more prescriptions that are potentially driver-impairing – 10%

What is most unsettling about this study is that researchers found that the drivers’ awareness of potential side effects decreased with age just as the number of prescription medications people take increased. In addition, the number of drivers age 55 and older is expected to increase by more than half by 2030.

Peter Kissinger, president and CEO of AAA Foundation said,

“We as a society are not getting the message to these older drivers. Health care professionals need to do a better job of educating patients. Family members of older drivers need to be much more engaged. They need to find out what medications their relatives are on, talk to a pharmacist if necessary. It’s something that could avoid a catastrophe.”

While older drivers are only involved in a small proportion of all crashes, they have the highest crash rate per mile traveled. This is really an issue for all drivers. People of all ages need to be more aware of the effect that the medications may have on their driving.

Originally posted at InjuryBoard by Beth Janicek

DUI or Texting while driving which is worse?

Beth Janicek — Thu, 02 Jul 2009 18:00:18 GMT

Though most people have accepted that texting while driving is dangerous, a quick trip around your local city will provide you with more than enough evidence that it is still rampant. If you’re still a skeptic, take a look first-hand look at the possibilities of texting while driving.

Even outside of the car texting is proving to be a huge distraction to the simplest of tasks, even walking down the street. Doctors are now citing texting as the culprit for ankle sprains, bumps and bruises people incur while using the oldest form of transportation known to man.

In a car, you are a danger to not only yourself but to those around you and that is the biggest point being proven in the latest study by Car and Drive Magazine on the subject. Here, two people who work for Car and Driver Magazine (people who you’d assume know a thing or two about driving) are tasked with extrapolating the inherent dangers in not focusing on the road and in particular, technology use. In this experiment these two people are given the task of observing a red light at both 35, and 70 mph speeds. Then, things are "kicked up a notch" as the two drivers are observed in modified situations while typing a text, reading e-mail and under the influence of alcohol. You'd be surprised by the results. One driver nearly tripled his reaction time to the red light while reading an e-mail at a mere 35 mph. At 70 mph, a reaction time was more than doubled while typing and sending a text. In all instances, the extra distance traveled was far above the norm which speaks volumes to the many "rush hour" accidents that are experienced from gridlock on a highway.

In the sort of game that no one can win, texting and e-mailing fared worse than driving while impaired. With all the focus on drunk driving it’s quite possible that some safety educational resources should be split on informing the public on the dangers of using alcohol and technology while driving. A study by the Virginia Tech Transportation Institute and the National Highway Traffic Safety Administration (NHTSA) found technology to be all over the top 5 in their “Top 10 distractions for Drivers” list.

Only six states have currently banned the use of cell phones while driving and 24 states do not have any regulations on cell phone use while driving. Hopefully it won’t be long before more safety measures are put into place to curb the abuse of textind and irresponsible driving.

Originally posted at InjuryBoard by Beth Janicek

Bill to make road safer for Cyclist is vetoed

Beth Janicek — Wed, 24 Jun 2009 16:04:22 GMT

Four million bicyclists in Texas have to be a bit more careful after a bill ensuring safe passing was vetoed by Governor Rick Perry. Texas, a state with a reputation as one of the most unfriendly places to ride a bike, was set to gain a little breathing room on their roads, creating safer streets for not only bicycles, but also pedestrians, highway construction and maintenance workers, people on horseback, motorcyclists, and moped riders, to name a few.

SB 488, or the “Safe Pass” bill, would have required motorists to give a clearance of at least three feet to bicyclists and other vulnerable road users when passing on highways. Governor Perry, who recently broke his collarbone in a mountain biking accident, shocked supporters of the Safe Pass bill by vetoing it along with 35 other bills up for vote this session. This veto came as a surprise to the Texas community with 30,000 active cyclists and an estimated four million residents who ride or own bicycles.

Perry commented on the veto saying that many already have operation regulations, and state law restrictions:

“While I am in favor of measures that make our roads safer for everyone, this bill contradicts much of the current statute and places the liability and responsibility on the operator of a motor vehicle when encountering one of these vulnerable road users,” Perry said in his veto message. “In addition, an operator of a motor vehicle is already subject to penalties when he or she is at fault for causing a collision or operating recklessly, whether it is against a ‘vulnerable user' or not.”

Texas has registered close to 1000 deaths due to vulnerable road users this year alone. The Texas state legislature, in an impressive bipartisan effort, rallied tremendous support behind the Safe Pass Bill. BikeTexas, the Texas Bicycle Coalition, expressed extreme disappointment with the Governor’s veto. AAA, AARP, Texas Motorcycle Rights Association and Texas Towing and Storage Association also voiced disappointment with the veto.

Rick Perry himself is known in the community as an avid street biker.

Quite a bold move for the bike-riding Governor now sharing the road with dissapointed voters in 4,000 pound motor vehciles.

Originally posted at InjuryBoard by Beth Janicek

O’Connor Senior Killed in Rollover Accident

Beth Janicek — Wed, 03 Jun 2009 11:18:12 GMT

James Peterson, an 18 year old senior at O’Connor High School, was killed after losing control of his truck on Loop 1604, flipping his truck several times, and hitting a guardrail near Hausman Road. Petersen was partly ejected and crushed in the accident that killed him instantly.

Three other high school students riding with him were injured. One of the teenagers was in the cab of the truck, and the other two were riding in the bed of the truck. All three remained in stable condition Tuesday evening at University Hospital.

It is unclear what caused the truck to careen off the road and roll down the embankment, but authorities said that both people were ejected from the truck’s bed during the accident.

Driving in the bed of a truck is very unsafe and can be illegal. Texas law states:

A person commits an offense if the person operates an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer.
An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200.
It is a defense to prosecution under this section that the person was:
(1) operating or towing the vehicle in a parade or in an emergency;
(2) operating the vehicle to transport farm workers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality;
(3) operating the vehicle on a beach;
(4) operating a vehicle that is the only vehicle owned or operated by members of the household;
(5) or operating the vehicle in a hayride permitted by the governing body of or law enforcement agency of each county or municipality in which the hayride will occur.

This car accident is a horrible tragedy and our thoughts are with the Peterson family and all of the families involved.

Originally posted at InjuryBoard by Beth Janicek

Wrong-way Drivers

Beth Janicek — Tue, 02 Jun 2009 16:28:29 GMT

Around 3:15 a.m. on the morning of May 28^th, a man driving the wrong way on Interstate 10 at Boerne Stage Road collided with a tractor-trailer. The impact caused the vehicles to burst into flames. Fortunately both drivers got out of their vehicles in time to escape the flames. The wrong way driver was transported to University Hospital with injuries not believed to be life-threatening. Police are investigating whether alcohol played a role. All lanes of I-10 on the far Northwest side of San Antonio were closed until 9 a.m., forcing rush hour traffic off of the main lanes.

Driving the wrong way on freeways has been a troublesome problem ever since the 1950s when the highway system was founded. Accidents, such as this one, have lead to many studies on this persistent problem. A study performed by the Washington State Department of Transportation (WSDOT) showed that the vast majority of wrong-way drivers correct their mistakes before causing a crash by simply turning around and heading in the right direction. However, for unknown reasons, some drivers head straight into oncoming traffic with devastating consequences.

According to an analysis by retired FHWA traffic engineer Dennis Eckhart using the National Highway Traffic Safety Administration’s Fatal Accident Reporting System, on average about 350 people are killed each year nationwide in wrong-way freeway crashes. That figure includes those killed on divided highways, as well those killed due to someone driving the wrong-way on one-way traffic ways such as freeway ramps. 1,753 people were killed nationwide from 1996 to 2000 in wrong-way crashes.

The Texas Transportation Institute part of the Texas A & M System did a study called “Wrong-Way Driving on Freeways in Texas: Problems, Issues, and Countermeasures.” The study found that the most frequent origin of wrong-way incidents is the freeway exit ramp. Some statistics they found regarding wrong-way driving are:

Crashes tend to be more severe and have a greater proportion resulting in death or serious injury than most other crash types on freeway facilities.
Elderly drivers are over-represented compared to their proportion of the driving population and their proportion of involvement in other crashes.
Male drivers are significantly more likely to be involved than female drivers
Between 50 to 75 percent involve an impaired wrong-way driver who had been drinking or was under the influence of alcohol or drugs.
Crashes are more prevalent during non-daylight hours, particularly the early morning hours following midnight.

The researchers reviewed crashes that had specific information on wrong-way origin available and developed a list of typical problem locations. The study showed:

Most of the collisions occurred in the inside lane (i.e., leftmost) of the correct direction. This seems logical when you consider that the wrong-way drivers are staying as far to the right as possible just like they normally would if they were going the right way.
Several locations with left-side exit ramps produced multiple wrong-way crashes during the analysis period — this finding suggests that further countermeasures might need to be considered at locations with left-side exit ramps.
Another problem type occurs when a one-way street, typically in a downtown area, transitions directly into a freeway section. Several locations with this configuration experienced multiple wrong-way crashes during the analysis period.
In a few situations, staged construction freeways had wrong-way crashes during the time period when only the frontage roads were in place. The large offset distance between the frontage roads and lack of main lanes may create a confusing situation that needs to be carefully considered for appropriate countermeasures.
The majority of crashes occurred in major urban areas, with slightly more than 60 percent in the three largest metropolitan areas — Dallas/Fort Worth, Houston, and San Antonio

These studies highlight the importance of staying alert while driving. You never know when someone will be driving the wrong way in your lane.

Originally posted at InjuryBoard by Beth Janicek

The Safe Passing Bill: An Update

Beth Janicek — Mon, 18 May 2009 10:28:53 GMT

I recently wrote Motorists: Share the Road and Give Clearance to Cyclists about The Safe Passing Bill, which as a cyclist I personally believe is of great importance. I thought I would give an update on the bill and present some of the regulations associated with the bill.

The 2009 Safe Passing Bill was filed in the Senate as SB 488 by Rodney Ellis (D-Houston) and John Carona (R-Dallas) and in the House as HB 827 by Linda Harper-Brown (R-Irving). The bill protects “vulnerable road users” including pedestrians, runners, physically disabled, children, skaters, construction and maintenance workers, stranded motorists, equestrian, cyclists, motorcycles, and unprotected farm equipment. The bill requires more than three feet passing distance (six feet by commercial vehicles) when a motorist passes a “vulnerable road user.” It includes penalties for harassing, throwing an object, turning dangerously in front of a vulnerable road user, and failing to yield when making a left turn at an intersection.

A violation of this law is punishable as a misdemeanor. If the violation results in property damage the violation is punishable by a fine not to exceed $500. If the violation results in bodily injury the violation is a Class B Misdemeanor punishable by: (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement.

A study done by the The Royal Society for the Prevention of Accidents (ROSPA) shows that in 2007 there were 136 reported casualties, 2,428 reports of a cyclist being seriously injured, and 13, 631 reports of being slightly injured. That totals to be 16,695, and that is only the cases that have been reported. Unfortunately, 60% to 90% of cycling accidents are not reported.

ROSPA posted some interesting statistics about cycling accidents:

90% occur in urban areas
75% happen at, or near, a road junction
80% occur in daylight
80% of cyclist casualties are male
About one quarter of the cyclists killed or injured are children
Around three quarters of cyclists killed have major head injuries.

Some of the most common cycling accidents are:

Child cyclist playing or riding too fast
Cyclist and motorist going straight ahead
Cyclist turning right from a major road and from a minor road
Motorist emerging into path of cyclist
Motorist turning across path of cyclist
Cyclist riding into the path of a motor vehicle, often riding off a pavement
Cyclist overtaking

On April 21^st the 2009 Safe Passing Bill (SB 488) was passed by the Texas State Senate, and on May 5^th, the Senate version of the Safe Passing Bill (SB 488) passed the House Transportation Committee. It was then sent to the Local and Consent Calendar to be scheduled for a vote on the House floor. The Senate version has replaced the House version, due to a problematic amendment for cyclists. In the upcoming weeks SB 488 may receive a vote on the House floor. As these results become known I will continue to provide updates.

Originally posted at InjuryBoard by Beth Janicek

Motorists: Share the Road and Give Clearance to Cyclists

Beth Janicek — Mon, 11 May 2009 16:21:57 GMT

An article in the San Antonio Express News caught my eye this weekend regarding Senate Bill 488 – the Safe Passing Bill. As a cyclist and runner, I am a proponent of the bill which heads to the House after a recent Senate victory. The bill requires commercial vehicles and large trucks at least six feet clearance to groups including bicyclists, pedestrians, runners, motorcyclists and construction workers. All other vehicles are required to give them three feet.

Violators will be handed a $500 fine. If the crash causes injuries, motorist will be charged with a Class B misdemeanor with a maximum penalty of 180 days in jail and a $2000 fine.

This weekend off 1604 and Highway 16, a motorist driving an SUV sideswiped two cyclists in their late 40s. They were driving on the shoulder when the 2003 Jeep Liberty swerved off the road and struck them. The driver did stop and call 911. Both cyclists were flow to Wilford Hall Medical Center, one with head and knee injuries and the other with chest pains and possibly broken ribs. The driver of the SUV was ticketed $190 and charged with failure to maintain a single lane.

A preliminary Texas Department of Transportation report showed 50 bicyclists in Texas were killed and another 274 suffered incapacitating injuries. In the 50 bicyclists killed, 20 of those were caused by motorists not passing safely.

“More people are cycling all the time. We want to make sure that crashes and fatalities don't go up with that increased cycling,” Stallings said. “The best way to do that is to begin to educate at the earliest levels.”

Other similar bills regarding vulnerable road users have been held up in the Legislature since 2003, but Rep. Linda Harper-Brown, one of the author’s of the bill is “somewhat confident” it will pass before the session ends June 1.

I will be following up with additional blog posts on this topic as more information arises. Stay tuned.

Originally posted at InjuryBoard by Beth Janicek