San Antonio Personal Injury Lawyer

Toyota Plans to Recall Prius

Beth Janicek — Mon, 08 Feb 2010 15:05:31 GMT

In addition to the 7 million vehicles recalled, reports show that Toyota plans to recall 300,000 Prius Hybrids worldwide over a brake problem. At least 100 drivers of Prius cars in the United States have complained that their anti-lock brakes seemed to fail momentarily while driving on bumpy roads. The Japanese government has also received a number of complaints.

Toyota spokeswomen Ririko Takeuchi said that no decision on the Prius recall has been made, and Kenji Sugai, an official in Japan’s Transport Ministry, said it has not been informed of any such plan by Toyota.

Although there have been reports that Toyota will recall the Prius hybrids, the company has an option of a “service campaign,” which would allow the company to notify owners to bring their cars in for repairs.

The government says that the brake problem in the Prius Hybrid is suspected to have caused four crashes, with two minor injuries. Toyota has said that the brakes will work if the driver keeps pushing the pedal.

Sources also fear that the global recall of the Prius could be expanded to cover the Lexus HS250h and Sai Hybrid sedan which may require similar repairs. Toyota said that the company is still investigating whether the Lexus was affected by the same issues.

Originally posted at InjuryBoard by Beth Janicek

Driver Charged with Manslaughter for Runner’s Death Last Year

Beth Janicek — Thu, 04 Feb 2010 14:42:03 GMT

On Monday a grand jury indicted Philip Smith of New Braunfels on a charge of manslaughter in the death of Michael Sanchez on January 11, 2009. Sanchez, who was hit while running on the shoulder of Bandera Road headed to O.P. Schnabel Park, was an emergency room doctor and marathon runner.

Generally, the death of a pedestrian is ruled an accident and rarely results in charges. However, the circumstances behind Sanchez’s death merited a grand jury review. The six month investigation by police and seven month investigation by the DA’s office turned up evidence of possible driver recklessness.

Smith, 47, told police that he was driving his Ford Explorer on Bandera when his phone rang. He claimed he answered the phone, saw Sanchez on the shoulder, slammed on his brakes and the vehicle skidded. However, the police report included a witness statement that Smith’s vehicle crossed a lane of traffic before hitting Sanchez. Smith also told police that he had been having brake problems and was taking his SUV from one repair shop to another.

If convicted, Smith could face up to 20 years in prison and a $10,000 fine.

Thursday, the San Antonio City Council is expected to consider the Safe Passing Ordinance that I have recently been blogging about.

Possible Safe Passing Rule for San Antonio Cyclists

Safe Passing Ordinance: Part 2

If this ordinance passes, it will require drivers to give a minimum of three feet clearance when passing “vulnerable road users.” It is hard to say whether or not this ordinance will help protect pedestrians, cyclists, stranded motorists, etc., but it will help educate people and raise awareness that vehicles must legally share the road.

Originally posted at InjuryBoard by Beth Janicek

Ground Collapse in NW San Antonio Neighborhood

Beth Janicek — Fri, 29 Jan 2010 13:02:13 GMT

On Sunday 80 homes in the subdivision of The Hills at Rivermist, a Northwest side neighborhood of San Antonio were evacuated after the ground caved in behind several houses, pushing earth down a 30-foot hill into two retaining walls that cracked, threatening the residence below. No one was injured in the “slope failure,” but some areas had crevices up to 12 to 15 feet deep and 6 to 8 feet wide.

Most residents evacuated were allowed to return home on Monday afternoon, but emergency officials said 25 homes were still considered unsafe for residents to permanently occupy. Of those 25, three were considered unstable and were completely off limits, and up to five could end up with serious damage.

The San Antonio Express News posted an animation of the ground collapse. The animation is an artist re-creation of the collapse at Rivermist.

Centex Homes, the Texas-based developer and builder acquired Pulte Homes last year, said it is investigating the collapse. Vice President for Centex Homes, Laurin Darnell said

the problem seemed to stem from “unique soil characteristics in that part of the community. We’re bringing in experts from all over because this isn’t something we’ve seen before.” About half of the 25 displaced families will be able to return home in the next 10 to 15 days. He further said that it’s too early to know whether the homes most affected by the collapse can be saved. “If it’s determined a home is unsafe, we’ll have to talk with those folks about relocation. "

Residents of The Hills are Rivermist fear that rain may cause additional shifting. However, Thursday’s rainfall failed to trigger any additional ground shifting, but authorities planed to continue to monitor overnight a collapsed retaining wall that threatened to further damage several homes.

Centex Homes spokeswomen Caryn Klebba said at about 7 p.m. Thursday,

“Nothing significant has happened because of the rain. We have had just a little bit of shifting, but right now we’re monitoring the site continuously. There are people there through the night because of heavier rains to make sure everything stays in place.”

A lawsuit against The Hills of Rivermist’s developer, Centex Homes, and its parent company, Pulte Homes Inc. was filed on Thursday in Bexar County’s 37^th state District Court by Hilliard Munoz Guerra, LLP. The lawsuit makes claims of negligence and fraud. Bob Hilliard from Hilliard Munoz Guerra, LLP is holding a press conference at noon today regarding this unfortunate ground collapse. For more information on this subject or if you have questions, please contact me.

Originally posted at InjuryBoard by Beth Janicek

Safe Passing Ordinance: Part 2

Beth Janicek — Tue, 26 Jan 2010 13:43:36 GMT

On Sunday the front page of the San Antonio Express News had an article “Safe Passing: Difficult to Enforce, Law May Alter Driver Mind Set.” Last week I blogged (Possible Safe Passing Rule for San Antonio Cyclists) about this potential safe passing ordinance that San Antonio City Council committee voted unanimously to pass.

A San Antonio driver who hits a pedestrian or bicyclists rarely faces legal consequences, even when the injured or deceased were following the rules. While the Safe Passing ordinance will not result in a ticket or fine, proponents of the ordinance believe that the law would be more than unenforceable words on paper. They believe that the purpose would be more as an educational tool rather than enforcement.

The ordinance would clearly state that drivers have to exercise extra caution around “vulnerable road users” which includes: pedestrians, bicyclists, motorcyclists, scooter and moped riders, wheelchair users, horseback riders, road and utility workers, farm equipment operators, and two truck operators. It would require that all cars and light trucks to give a minimum of three feet clearance, when the roadway permits. The fine would be a maximum of $200.

In my blog last week, I quoted San Antonio Deputy Police Chief Mike Burns who said the existing laws were sufficient and the new ordinance would be difficult to enforce. However, the article in the Express News said that Police Chief William McManus issued a statement that Burns was not speaking for the Department and that the police would accept any ordinance passed by the city council.

Originally posted at InjuryBoard by Beth Janicek

Possible Safe Passing Rule for San Antonio Cyclists

Beth Janicek — Thu, 21 Jan 2010 13:05:21 GMT

On Wednesday, the City Council committee in San Antonio voted unanimously to send a “safe passing” ordinance to the full council for a vote next month. The ordinance reflects the legislation overwhelmingly passed last year by the Texas House and Senate, that requires drivers to change lanes to avoid “vulnerable road users” when possible, or to give them three feet of clearance when passing. Surprisingly, Gov. Rick Perry vetoed the bill, prompting a handful of municipalities, including Austin and Helotes, to put ordinances on their books identical to the state version. Perry said that the legislation

“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.”

San Antonio’s council could consider the safe passing ordinances as early as February 4^th. Richard Varn, the city’s chief information officer and an avid cyclist said,

“If passed by the City Council, the ordinance would be the foundation of an educational campaign to raise drivers’ awareness that they must legally share the road.”

However, the SAPD agrees with Gov. Perry, and believes that existing laws are sufficient to protect cyclists and pedestrians. Deputy Chief Mike Burns also questioned the enforceability of the proposed law.

According to a Texas Department of Transportation report, in 2008, 50 Texas bicyclists were killed and another 274 suffered incapacitating injuries. In Texas about 400 pedestrians are killed every year. Looking at these statistics, it is obvious to me that existing laws are not sufficient to protect cyclists and pedestrians.

Since I enjoy running and cycling, I have been following the “safe passing” ordinance from the beginning. See my previous blogs on the subject:

Motorists: Share the Road and Give Clearance to Cyclists – May 11, 2009

The Safe Passing Bill: An Update - May 18, 2009

Bill to Make Road Safer for Cyclists is Vetoed – June 24, 2009

Meeting Tonight in San Antonio for Cyclists to Voice Their Concerns – October 14, 2009

Originally posted at InjuryBoard by Beth Janicek

Part 2: Who’s driving that semi-truck on the Interstate heading towards my family?

Beth Janicek — Mon, 18 Jan 2010 12:00:37 GMT

On Friday, I covered Part I of Who’s driving that semi-truck on the Interstate heading towards my family?, and we learned how drivers of semi-trucks out of Mexico are not regulated like the same drivers in the good old U.S.A. Well today let’s talk more about what’s wrong with the Mexican semi-truck rules of the road.

The U.S. Department of Transportation set Motor Carrier Safety Administration Regulations for U.S. trucking companies as well as Mexican trucking companies. American trucking companies engaged in international commerce must be registered with the Motor Carrier Safety Administration and must display their USDOT registration number. In addition, the companies must also meet numerous other requirements such as insurance, driver qualifications, logbook, and company safety history.

http://www.youtube.com/watch?v=oAHN9rKil_k

The requirements for Mexican trucking companies who operate within the Border Commercial Zones, an area 17 to 20 miles of the border, are generally the same as those for U.S. companies. However, over a three week period in 1997, 56 percent of 1,613 Mexican trucks inspected by U.S. Customs were placed “out of service” because of violations.

Is it tort reform or pork reform that America needs?

http://www.youtube.com/watch?v=MBmFrYWPoG8

So what exactly are the rules that protect Texans from defective trucks coming across the border into America from Mexico? And who is responsible to make sure Americans are being protected? Let’s see we work here, pay taxes here, buy insurance here, and donate to your campaigns, but which politicians are protecting us? And you say Americans don’t need lawyers? Then why do all of you hire so many lawyers in Washington?

Living in Texas, I understand NAFTA and the importance of cross-border trade, however, the thought of having thousands of extra 18-wheelers on our highways makes me nervous. We already see a large amount of accidents every day, so adding more 18-wheelers that may not meet inspection seems unsafe.

And by the way who is paying for al of this extra regulation? Not me I hope.

If this bothers you call your Congressman and tell them we need jobs not promises.

If you have any questions or concerns regarding an 18-wheeler accident in Texas, please feel free to contact me. In Minnesota we recommend you call upon Mike Bryant with Bradshaw and Bryant for legal advice. In Oklahoma Noble McIntyre and Jeremy Thurman of Oklahoma-Law.com serves those with I-35 collision or accident questions. And in Iowa call Steve Lombardi, with the Lombardi Law Firm.

Originally posted at InjuryBoard by Beth Janicek

Safe Driving Tips During Our Flash Flood Watch

Beth Janicek — Fri, 15 Jan 2010 17:07:31 GMT

If you are anywhere in the central Texas area, chances are you’ve been hit by hard rain. San Antonio has been drenched by record rainfall and powerful thunderstorms that has left much of the area under flash flood watches.

According to Chris Morris, a National Weather Service forecaster in New Braunfels, rainfall on Thursday totaled 1.49 inches, surpassing the previous record of 1.06 inches set for January 14, 1889. The majority of rail fell after 7 p.m., with the airport recording an additional 1.05 inches of rain from midnight until 10 a.m. Friday.

The precipitation is the result of an upper-level storm moving from northern Mexico into Texas and drawing Gulf moisture. Forecasters say they expect the rain to continue through midday Saturday, with flash flood watches remaining until midnight tonight.

This morning up until 10 a.m. the police reported 97 minor accidents and 18 major ones. The average is about 125 minor accidents and eight major ones a day. If you have to be out in these conditions remember these driving tips for wet weather provided by the San Antonio Express News:

Clean windshields and windows both inside and out to improve visual clarity.
Verify that headlights, tail lights, turn signals, and brake lights are working.
Turn on headlights when driving in the rain.
If rain has reduced visibility so much so that you cannot see other vehicles or the edges of the road, pull over until the rainfall lessens.
Find an alternative route if you cannot determine the depth of water on a roadway.

And most importantly, do NOT drive through flooding in low-water crossings, low-lying areas, creeks, and streams. Individuals caught in high-water at a designated low water crossing and have to be rescued by SAFD will be issued a $600 fine. Remember, “TURN AROUND, DON’T DROWN!”

Originally posted at InjuryBoard by Beth Janicek

Who’s driving that semi-truck on the Interstate heading towards my family?

Beth Janicek — Fri, 15 Jan 2010 11:58:18 GMT

I-35 and Cross-border trucking

On I-35, there are many 18-wheeler trucks traveling in both directions. In traffic or out of traffic, fast or slow; big rigs can be intimidating, and if an accident does occur, most passenger cars are not equipped to take on one of these rigs.

I-35 runs from north to south from Laredo, Texas to Duluth, Minnesota, and is a major thoroughfare for interstate traffic. In fact, Laredo, the busiest port of entry on the Texas-Mexico border, is considered the “Gateway to Mexico.” Since the introduction of NAFTA, Laredo has experienced remarkable growth in border trade and traffic. According to the Texas Comptroller of Public Accounts, 80 percent of all U.S.-Mexico trade moves by semi-truck.

Want to see how large the problem and how quickly it’s growing?

http://www.youtube.com/watch?v=Zq2q65DT0c4

I’ll bet you didn’t know Chinese goods are even coming into America via Mexico.

In 1998, Mexican motor carriers applied for permission to operate in the U.S. in accordance with NAFTA provisions. The start date was postponed indefinitely by U.S. officials who were concerned about safety, illegal drugs, and potential damage to infrastructure due to an expected increase in traffic. And what about the loss of jobs as we try to compete with a third-world county that hasn’t the wage rates that we do?

According to a 1997 Government Accountability Office (GAO) study, the differences between U.S. and Mexican commercial trucking practices could threaten the safety of U.S. highways and related infrastructure. The study states that American truckers are required to keep logbooks, but Mexican drivers are not. Also, Mexican regulations do not limit the number of hours a driver can be on duty, while U.S. regulations require that after 10 hours a driver must be off duty for at least eight hours. The GAO report also found that Mexican trucks are not required to have front-wheel brakes and are permitted up to 97,000 pounds of gross vehicle weight. The U.S. rules require front brakes and limit the gross weight to no more than 80,000 pounds.

Join us tomorrow for the conclusion of “Who’s driving that semi-truck heading towards my family?”

And as always let’s be safe out there!

Originally posted at InjuryBoard by Beth Janicek

Potential Elder Abuse Leads to San Antonio’s First Homicide of the Year

Beth Janicek — Wed, 13 Jan 2010 14:45:51 GMT

San Antonio’s first homicide of 2010 involved Ralph Wayne Nunley, who is accused of killing his mother. Floy Nunley was found dead in her bed with wounds to her hands and face.

Ralph Wayne Nunley, 57, was also convicted of assaulting his father, Omar Nunley. APS launched an investigation last summer after Ms. Nunley was hospitalized in July. Her son was overheard asking about her finances, and yelling and threatening to have her declared incompetent. However, like many elderly victims, Floy Nunley refused help and denied that her son had threatened her.

A comprehensive national survey on elder abuse found that victims in substantiated reports tended to be women, and reports also show that excluding self-neglect, half of abused elders were at least 80 years of age. Ms. Nunley was 83.

Texas APS confirmed that in the last fiscal year, there were 48,380 cases of abuse, neglect, or exploitation involving adults living a home, most of them elderly. The number of in-home cases investigated has doubled in the last 10 years, which can be attributed to the state’s growing population of older adults. Another reason for the rise in abuse and neglect is unemployment, which I previously did a blog on (Elder Abuse on the Rise Due to the Recession). Inadequate access to proper health care or home health services can also lead to stress on the family resulting in some form of elder abuse.

In Texas, the Texas Department of Aging and Disability Services (TDADS) was created to administer long-term services and support for people who are aging and who have cognitive and physical disabilities. TDADS can be contacted regarding suspected abuse at 1-800-458-9858, and at 1-800-252-8016 for Nursing Home Information. The Adult Protective Services (APS) Program under the Texas Department of Family and Protective Services, is responsible for investigating abuse, neglect, and exploitation of adults who are elderly or have disabilities in facilities that include: private homes, adult foster homes, unlicensed room and board, state facilities and community centers that provide mental health and mental retardation services, home health agency staff, exploitation in nursing homes when the alleged perpetrator is someone outside the facility. Abuse can be reported at the Abuse Hotline for APS Facility Investigations at 1-800-647-7418.

Even with the increasing amount of cases reported, a large majority of cases go unreported. If you know about someone who is elderly that is being abused or neglected it is important to report it.

Originally posted at InjuryBoard by Beth Janicek

One Teen Killed in Fredericksburg Crash

Beth Janicek — Tue, 12 Jan 2010 16:49:28 GMT

This past week in Fredericksburg, TX, there was a tragic accident that killed one teenager and injured four others. The five teenagers were driving in a Ford F-150 pickup, when they lost control going around a curve and struck a tree. Katie Lynn Stevens, 15 was pronounced dead at the scene about an hour after the crash. Dillon Lee Reeh, 16, and Cord Jordan Weinheimer, 15, were taken to Hill Country Memorial Hospital in Fredericksburg with minor injuries, and Andrew Keller Rodriguez, 16, and Erica Anna Lehocky, 15, were taken to University Hospital in San Antonio in stable condition.

This accident is devastating for everyone involved. Our thoughts and prayers go out to all the families and friends affected by the accident.

Young drivers, ages 15- to 20-years old, are especially vulnerable to death and injury on our roadways. According to the National Highway Traffic Safety Administration, traffic crashes are the leading cause of death for teenagers in America. Mile for mile, teenagers are involved in three times as many fatal crashes as all other drivers.

"Inexperience and immaturity combined with speed, possible drinking and driving, not wearing seatbelts, distracted driving, drowsy driving, nighttime driving, and potentially other drug use contribute to the large amount of teen-related crashes.”

The NHTSA has developed a multi-tiered strategy to prevent motor vehicle-related deaths and injuries among teen drivers. The comprehensive approach to teen driver safety includes: increasing seat belt use, implementing graduated driver licensing, reducing teens access to alcohol, and parental responsibility.

The NHTSA website on teenage drivers provides fundamental resources and information on seat belt use, youth access to alcohol, graduated driver licensing, and parents & teens needed to help reduce the amount of teen crashes.

According to the Traffic Safety Facts from the NHTSA, sixteen year old drivers have crash rates that are about three times greater than 17 year old drivers, five times greater than 18 year old drivers, and approximately twice the rate of 85 year old drivers. To address this problem the NHTSA and the American Association of Motor Vehicle Administrators developed an entry level driver licensing program, which 49 states and the District of Colombia have adopted. The graduated driver licensing program consists of three stages, learner’s permit, intermediate (provisional) license, and full licensure.

Stage 1: Learner’s Permit: Sets minimum age at no younger than age 16; pass vision and knowledge test; completion of basic driver training; licensed adult (at least 21 years old) required in the vehicle at all times; all occupants must wear seatbelts; teenage passenger restrictions; must remain crash and conviction free for at least six months to move to the next level; no use of portable electronic communication and entertainment devices.

Stage 2: Intermediate (Provisional) License: Completion of stage 1; minimum age of 16.5; pass behind the wheel road test; completion of advanced driver education training; all occupants must wear seatbelts; licensed adult required in the vehicle from 10 p.m. until 5 a.m; not more than one teenage passenger for the first 12 months of intermediate license (afterward, limit the number of teenage passengers to two until age 18); must remain crash and conviction free for at least 12 months to advance to the next step; no use of portable electronic communication and entertainment devices.

Stage 3: Full Licensure: Completion of stage 2; state sets minimum age of 18 for lifting passenger and nighttime restrictions.

Hopefully, the graduated driver licensing program will help reduce the amount of teen-related care accidents.

Originally posted at InjuryBoard by Beth Janicek