San Antonio Personal Injury Lawyer - Car wreck

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

VIA Bus Drivers Texting While Driving?

Beth Janicek — Wed, 29 Apr 2009 22:09:08 GMT

Everyone’s done it, but it doesn’t make it right. Especially for VIA bus driver’s on our city streets endangering our safety.

About a year ago, VIA put surveillance cameras on every bus. VIA has a strict policy of no cell phones while operating your VIA bus. Since the cameras were installed three VIA bus operators have been fired due to cell phone use.

Unfortunately for Betty Jo Hummel, last June a VIA driver in rush hour traffic on 410 never slowed down prior to hitting Ms. Hummel’s SUV.

"It was horrible," said Hummel. "It was the most horrific thing I've probably ever lived through."

She never saw the VIA bus coming and did not know that it was caught on tape until the News 4 WOAI Trouble Shooter Brian Colliser showed it to her.

Adrian Perez, the driver of the VIA bus, was texting for at least six minutes right before he crashed into the back of her SUV.

Tips by passengers are what lead to the termination of most of these drivers using cell phones while operating a city vehicle.

If you see a VIA driver using their phone, call VIA and report them at 362-2020. Make sure you give them the bus number. I find it even more frustrating that the law limits the amount a person injured by a negligent VIA bus driver can recover. So if one of these drivers permanently injures someone from this dangerous behavior, the injured person will not be able to fully recover.

Originally posted at InjuryBoard by Beth Janicek

Car Crashes are Not “Accidents”

Beth Janicek — Thu, 19 Mar 2009 09:26:00 GMT

I recently read an article in the San Antonio Express News by Robert Ferrer M.D., M.P.H. The article was a commentary on the word “accidents.” He stated that the word “accident” is very misleading, and is a half-truth that gets in the way of making our roads safer. While most vehicle-related deaths are unintended, they essentially are neither unexpected nor random, and result from driver’s unsafe behaviors.

Ferrer cited a study done by the National Highway Traffic Safety Administration that equipped 100 cars with sensors and cameras to observe drivers. It was found that people continue to drive unsafely, because more often than not, they can get away with it.

If a car is traveling at 45 mph it will cover a space 200 feet long in 3 seconds. Those 3-seconds, or 200 feet, for the most part are insignificant. They don’t result in crashes, the most you may need is a minor adjustment of the wheel and everyone remains unharmed.

However, occasionally during those 3 seconds that you turn away to adjust the radio or reach for your cell phone, an accident may occur. These accidents may be minor, but they can also be disastrous. You hear about these accidents every day in the news. In fact, just this morning I read an article about a cyclist in Austin who was injured when a van’s side passenger mirror clipped him. The man was wearing a helmet but still suffered a serious head injury.

In his commentary, Ferrer points out that motor vehicles are the leading cause of premature death in Bexar County, and that more people die today on the world’s roads than in the world’s wars. Crashes are caused by unsafe driving behaviors, not chance or by accident. While “accidents” may be unintended, they are not random, and can be significantly reduced by controlling unsafe driving behaviors.

Originally posted at InjuryBoard by Beth Janicek

San Antonio Has A Busy Day with Car Accidents

Beth Janicek — Wed, 18 Feb 2009 10:34:12 GMT

San Antonio had a little rain yesterday and a whole lot a car wrecks. Police recorded 433 minor accidents and 73 major wrecks. This is a major increase from the week before when it recorded 282 minor accidents and 45 major wrecks.

“For a half-day, we had almost double the accidents than we see on a full day,” said Officer Joe Rios, a San Antonio Police Department spokesman.

Many motorists want to blame the weather for these wrecks but more often it is the result of dangerous drivers who are unwilling to slow down for the wet conditions. If you were injured by one of those drivers and think you need help with your claim for personal injury then contact my office for assistance.

Originally posted at InjuryBoard by Beth Janicek

Auto Fraud Database Online

Beth Janicek — Thu, 05 Feb 2009 12:34:14 GMT

The US Department of Justice has made available on the Internet a database which will help consumers check to see if the vehicle they are considering purchasing is safe. The database includes information regarding whether the vehicle had previously been determined to be “salvage”. Consumers would not typically want to purchase these vehicles because the extensive repairs may make them unsafe. Additionally, the database is aimed to prevent automobile fraud and help law enforcement with their task of investigating fraud, theft and other crimes involving vehicles.

The National Motor Vehicle Title Information System (NMVTIS) website discusses this new database. The information consumers can access includes vehicle’s brand history, odometer data and vehicle history to allow them to make decisions before purchasing a vehicle and to ensure the safety of the vehicles. The two websites you can use to get this valuable information for a minimal charge are AutoDirectData, Inc. and American Association of Motor Vehicle Administrators.

Insurers and junk yards have until March 31 to begin reporting data. For more information on this you can download the Fact Sheet from NMVTIS.

Originally posted at InjuryBoard by Beth Janicek

Top Ten Driving Distractions

Beth Janicek — Sat, 17 Jan 2009 11:53:13 GMT

I have been blogging lately on the correlation between car wrecks and cell phone use. Undeniably cell phones are the most common distraction for drivers.

In a study by the Virginia Tech Transportation Institute and the National Highway Traffic Safety Administration (NHTSA) the top ten distractions while driving are:

1. Using a wireless device, such as a cell phone;
2. Talking to and interacting with passengers;
3. Reaching for CDs, food, falling objects, or other internal distractions;
4. Programming radio stations or tinkering with dashboard controls;
5. Using an electric razor, applying makeup, or other personal hygiene-related actions;
6. Unwrapping a burger, opening a can, or other movements when eating at the wheel;
7. External distractions such as pointing out a funny billboard or pedestrian;
8. Talking or singing to yourself;
9. Smoking; and
10. Daydreaming.

Inattention as a whole is the leading factor in most car wrecks. Whether that is from talking on your cell phone, fiddling with the radio, eating or just plain daydreaming. Everyone knows that if you are talking on your cell phone while driving you do not have 100% of your attention on the road.

I found an interesting website, listing the various countries and states that have banned cell phone use while driving. More interestingly I found out of 52 countries, cell phones were completely banned in 46 of those countries, 2 countries were being debated and 3 countries had variable or partial bans. In the same study in the United States, only 6 states had complete bans, 17 states had partial bans, 4 states were being debated and 24 states had no bans on cell phone use.

On September 1, 2008, in San Antonio, cell phone use and texting was banned in 18 various school zones. I personally think this is a great place to start but feel the United States needs to get on board with the other countries and complete a nationwide ban on cell phone use and texting while driving. If you have an opinion on this subject, I’d like to hear it.

Originally posted at InjuryBoard by Beth Janicek

Cop Dies After Car Wreck

Beth Janicek — Wed, 03 Dec 2008 15:44:51 GMT

An unfortunate car wreck on Saturday night involving two police officers and another vehicle have prompted the department to investigate their “lights and siren policy”.

Officer David Seaton was responding to a robbery call when he proceeded through the intersection of Potranco and Hunt crashing into another vehicle causing Seaton's patrol car to ricochet and hit Officer Robert Davis as he was investigating another accident. Officer Davis was pinned under Officer Seaton’s patrol car.

Both officers were rushed to Wilford Hall where unfortunately Officer Davis was removed from life support today.

Darrel Lampkin the driver of the other vehicle was taken to University Hospital in stable condition.

San Antonio police Dept. spokesman Sgt. Gabe Trevino says this “will be investigated very thoroughly. Not only from the traffic investigation aspect of it, but department policy aspect of it, all those things will be looked at.”

The preliminary police report stated that Officer Seaton did not have his lights and siren on while driving through the intersection.

Originally posted at InjuryBoard by Beth Janicek