Federal regulations impose strict rules on load handling, truck maintenance and driver hours to reduce the chance that trucking companies will jeopardize highway safety by cutting corners to boost profits. One other goal of the Federal Motor Carrier Safety Administration (FMCSA) is to use sound statistical research to identify hazards that make truck accidents more likely and more severe.
]]> One good example of this is the Large Truck Crash Causation Study (LTCCS), which compiles statistical analyses of tractor-trailer crash risks. The authors of this study, which was undertaken by the FMCSA in conjunction with the National Highway Traffic Safety Administration (NHTSA), focused on high-priority issues for data collection, such as:Among the many reasons why truck accidents occur, the most common include braking problems, traffic congestion, prescription drug use, speeding, dangerous roadways and driver fatigue.
Behind every one of those factors are incidents of negligence for which a driver or trucking company should be held accountable. Our Texas truck accident lawyers understand all aspects of the legal process, from assessing the evidence of fault and damages to applying complex federal regulations to a driver's record to establish liability.
]]>Common Causes of Motorcycle Accidents
The most common type of motorcycle accident occurs when a vehicle violates a motorcycle's right of way at an intersection, according to the Department of Transportation. Generally, this happens when a car turns left in front of an oncoming motorcycle.
Another common cause involves vehicles following motorcycles too closely. Motorcycles take longer to stop than many anticipate. If a rider attempts to stop with both breaks too quickly the bike will slide and balance can be lost.
]]> Tips to Stay Safe on the RoadThe most common complaint after an accident between a motorcycle and vehicle: visibility. The driver will claim they simply did not see the motorcycle. As a result, many accidents are directly connected to a motorcycle's small size. Because of this, not only is a motorcycle often hidden in the blind spot of a larger vehicle but it also tends to appear further away than it is.
As a result, riding while aware that visibility causes blind spot and depth perception issues can decrease the amount of accidents involving other vehicles - the cause of over half of all fatal motorcycle crashes.
An Attorney Can Help
If you or someone you love has been injured in a motorcycle accident, contact an experienced personal injury attorney. A knowledgeable personal injury lawyer can assess your case and help you get the compensation for your injuries you deserve. For more information, contact an attorney today.
]]>However, statistics recently compiled by the National Highway Traffic Safety Administration (NHTSA) for 2010 indicate that drunk driving is still responsible for more fatal motor vehicle accidents than distracted driving. According to the NHTSA, about nine percent of traffic fatalities in 2010 were caused by distracted driving while nearly 31 percent of deaths were linked to alcohol use. Of course, this does not mean that distracted driving is safe.
]]> Overall, traffic fatalities in the U.S. fell to their lowest level s since 1949 in 2010. Unfortunately, the numbers are still staggering: in 2010, 32,885 people lost their lives in motor vehicle accidents. What is worse, the activities responsible for nearly 40 percent of those deaths - alcohol use and distracted driving - are entirely preventable.An Attorney Can Help
If you or someone you love has been injured in an accident with a distracted or a drunk driver, contact an experienced personal injury attorney. A personal injury lawyer can assess your case and help you get the compensation for medical bills, lost wages, and pain and suffering you deserve. For more information, contact an attorney today.
]]>Use of cellphones is the primary type of distracted driving, which NHTSA defines as any activity that involves a driver:
In 2009, more than 5,400 people died and some 448,000 were injured in crashes attributable to distracted driving, according to NHTSA. Many of those were directly attributed to cellphone use.
]]> Statistically, teenagers are the age group most likely to engage in distracted driving. But drivers aged 30-39 are the second-most likely group, says a NHTSA study. Sixteen percent of all fatal crashes in the 30-39 age group involved cellphone-related distracted driving.The NHTSA has launched a campaign to cut down on distracted driving. The campaign's slogan, "A cellphone in one hand and a ticket in the other" echoes earlier government efforts to promote seatbelt usage-the famous "click it or ticket" campaign.
Police departments across the country are stepping up enforcement against cellphone usage while driving. In many states, fines of up to $500 can be issued if an officer observes someone using a hand-held device while driving.
The NHTSA emphasizes that hands-free cellphone usage isn't always safe either. When drivers lose focus on the task at hand because they're deeply engaged in a conversation, the results can still be deadly.
]]>According to the National Highway Traffic Safety Administration, 20 percent of motor vehicle accidents involving injuries in 2009 involved distracted drivers. Of those accidents, 998 - or about 18 percent - involved a driver using a cell phone. The Insurance Institute for Highway Safety reports that a driver using a hand-held cellular device is four times more likely to get into an accident that injures him or her. A University of Utah study showed that drivers using cell phones had reaction times as slow as drivers with a .08 percent BAC.
]]> The bill that the legislature sent to Gov. Perry would have outlawed reading or sending text messages or e-mails while driving. The proposed law contained exceptions for people who used hands-free technology to compose text messages or e-mails or have such messages read to them. The bill also allowed for those who need to send text messages to dispatchers for work to continue to do so. The proposed law did not prevent drivers from using hand-held cell phones while driving.Gov. Perry vetoed the bill on the belief that it "micromanages" adults' driving habits. He argued that a better way to address the problem of distracted driving was through driver education courses and public safety campaigns, similar to the one that the NHTSA conducted regarding the dangers of distracted driving.
Several Texas cities already have regulations governing some form of cell phone use while driving, including Dallas, San Antonio, Austin and Galveston. Across the state, drivers are not allowed to use cell phones in school crossing zones and drivers under 18 years of age cannot use wireless communication devices at all while driving.
Texans who sustain injuries in an accident caused by a distracted driver are not without recourse, however, even though Gov. Perry vetoed the bill. Distracted driving constitutes negligence on the driver's part and those who are injured as a result of the negligence of others are entitled to recover damages for such things as medical expenses, lost wages, decreased earning capacity in the future, pain and suffering and property damage. Those who have been injured in an auto accident where the driver was using a cell phone should consult an experienced attorney to discuss compensation to which they may be entitled.
]]>Although the process for implementing this rule will begin in 2012, it's uncertain whether or not this rule will be passed. NHTSA says that the decision will be made, in part, based on the results of a study being conducted by the Federal Motor Carrier Safety Administration (FMCSA). The agency is also taking into consideration over 3,000 comments it has received from those who support and oppose implementing the rule.
]]> Supporters and DetractorsNHTSA's proposal is supported by organizations like Road Safe America and the American Trucking Associations (ATA), which claim that the rule would improve safety on American roads by reducing trucking accidents. In addition, some members of the trucking industry believe that the speed limit would boost their bottom line by reducing fuel costs and increasing the life of their trucks' tire treads.
On the other hand, the proposed NHTSA rule is opposed by organizations like the Owner-Operator Independent Drivers Association, which claims that lowering the speed limit for large trucks would actually increase the number of accidents on the roads.
"All credible highway research shows that highways are safest when all vehicles travel at the same speed," Todd Spencer, the association's Executive Vice President told The Journal of Commerce.
The Dangers of Large Trucks
According Advocates for Highway and Auto Safety, large trucks - such as cargo vans, tractor trailers and single-unit trucks - cause more 2.4 deaths per every 100 miles of road that they travel each year. The amount of fatalities caused by these accidents is akin to the death toll that would be caused by 26 major plane crashes.
]]>In April, 2011, TxDOT implemented the Talk. Text. Crash. program to raise awareness of the dangers associated with distracted driving and to encourage Texans to put down their cell phones while driving. Karen Peoples, TxDOT Traffic Safety Coordinator, said the intent behind the initiative is to "get the great people of our state to limit their distractions" while driving.
Safe driving requires drivers' complete attention and coordination of their eyes, hands, ears, feet and brains. Any distraction from that coordination, such as talking or texting on a cell phone, is dangerous and can lead to car wrecks resulting in severe injuries or even death.
]]> MSNBC reports that federal regulators linked texting, cell-phone use and other types of distracted driving to more than 5,000 deaths and at least 500,000 injuries in 2009. And in Texas, almost one in four car accidents involves distracted drivers. In Texas in 2009, more than 100,000 vehicles were involved in wrecks where driver distraction was cited, according to TxDOT. In the same year, 3,308 Texas car crashes were attributed to cell-phone use.These statistics demonstrate the clear danger of distracted driving. TxDOT's Talk. Text. Crash. campaign is commendable for its goal of improving safety for all on Texas' roads, and its appeal to stop distracted driving should be followed.
]]>Although fatalities resulting from truck accidents have dropped to 3,200 in 2009 from over 5,200 in 2005, authorities are worried that the decline is due only to a general decline in driving due to the weak economy.
Large coaches and buses carry over 700 million passengers every year in the U.S., of whom an average of 20 die in motor vehicle accidents. Tour buses were involved in 338 fatal crashes between 2000 and 2009.
]]> Proposed SolutionsGovernment officials and safety experts have proposed a few measures to reduce the number of fatalities caused by large trucking accidents.
The Obama administration has proposed a measure that would require all trucks and buses to be outfitted with a device that would keep track of the number of hours a driver is actually on the road. This initiative is intended to prevent crashes caused by driver fatigue, which make up as much as a third of all commercial vehicle crashes according to the NTSB.
Another proposal would reduce the limit of hours drivers may spend driving from 11 hours a day to 10. This measure would also require drivers to take mandatory breaks and to take more time off after reaching the weekly driving limit of 60 hours.
Some leaders in the trucking industry are against these measures. Dave Oseicki, senior vice president of the American Trucking Association said the measure "would do a great deal of harm to this industry and wouldn't improve safety."
Those who are all too familiar with the dangers of large truck and motorcoach crashes are the victims and their families. Of all reported traffic fatalities in 2008, 11 percent resulted from collisions involving a large truck.
Those injured in a crash involving a large truck or motorcoach should contact an experienced personal injury attorney for help. Victims may be eligible for compensation from the trucking or bus company if they are determined to be at fault for the crash.
]]>The NHTSA created its report using drug-involvement information collected through its Fatality Analysis Reporting System (FARS). According to the NHTSA, FARS collected data in three categories: whether the driver was tested for drugs, the type of test conducted and the test results. FARS also collects information on the presence of legally-prescribed medicine, over-the-counter medications and illegal drugs in people fatally injured in car accidents, including:
In a press release, NHSTA Administrator David Strickland pointed out that information on drug involvement is not available for a large number of fatally-injured drivers. In addition, different states may test for different drugs, use different types of tests and define a test result as positive at different levels, he explained.
But, even though states' policies on drugs and driving may not be the same, Strickland emphasized that people taking drugs that may affect their ability to drive safely should simply not drive and avoid putting their lives, as well as others', at risk.
]]>How Do TBIs Happen?
Falls and motor vehicle accidents are the most common causes of TBI, at approximately 35 percent and 17 percent of TBI accidents. Being struck by or against something and being assaulted are also common causes.
TBIs caused by falls are especially common in both younger and older people. Falls can occur due to anything from uneven pavement or slippery floors to an unexpected object in a pedestrian's path.
Car accidents, truck accidents and motorcycle accidents were responsible for the largest percentage of TBI-related deaths. The brain injuries that arise from these violent crashes can be extremely serious.
]]> What Are the Symptoms and Effects of TBI?Sometimes a person with a brain injury may show symptoms right away; other times, however, the symptoms may take weeks to manifest.
According to the CDC, symptoms of TBI include:
The short-term and long-term effects of TBI vary widely between patients. They include difficulties with emotion, sensation, language and thinking.
Is Help Available for Victims of Negligence?
For people whose TBIs were caused by another person's negligence, recklessness or malice, the road to recovery can be even more difficult. The stress of the injury may be compounded by a feeling that the TBI need not have happened in the first place.
Such TBI victims may have the opportunity to file a claim seeking compensation for their damages, including payment for medical bills, lost wages, and pain and suffering. Family members who have lost a loved one to a TBI caused by another person also may be able to seek compensation for their losses.
]]>DOT has created a dedicated website (www.distraction.com) and regulations have been issued by various federal agencies prohibiting activities thought to lead to distracted drivers.
The story notes that critics of DOT suggest they have gone too far. They ask if distracted driving is so bad, how come the number of fatal accidents in the U.S. have sunk to levels not seen since the 1940s?
They want to know where the carnage is? If texting and chatting on a cell phone is so dangerous, how is it that we haven't seen a big jump in fatal accidents?
]]> What is the DOT is Worried about?Simply put, it's new. The concern is that we don't have accurate numbers that clearly track the threat posed by distracted drivers. Much of the data we have on accidents comes from police reports made at the accident scene.
With the thousands of law enforcement agencies that respond to car accidents across the country, there may be a lack of uniformity in how they report data. In non-fatal accidents, driver's may not admit to being distracted because they were texting. Bad as the numbers are, they still may understate the problem.
Even if the overall death toll is not increasing, the percentage of accidents that involve a distracted driver are significant and appear to be increasing. The statistics are disturbing. Distracted.gov notes:
Texas: Talk. Text. Crash.
Texas has it's own campaign to prevent distracted driving, called Talk. Text. Crash.
The Texas Department of Transportation (TxDOT) website points out the proportion of fatalities reportedly associated with driver distraction increased from 10 percent in 2005 to 16 percent in 2009.
Distracted driving is becoming increasingly common and with more electronic devices, from smart phones and GPSs to DVD screens and game consoles, the threat is growing.
Almost one in four crashes involves driver distraction, according to TxDOT. They also report that in 2009 alone, over 100,000 vehicles were involved in crashes where distraction in vehicle, driver inattention or cell phone use was cited, and 408 of those crashes were fatal.
Both the U.S. DOT and TxDOT are attempting to get out in front of the problem. And viewing the stories on Distraction.gov tells the heartbreaking stories of families who have lost members to distracted drivers.
]]>When someone is hurt by a drunk driver in a car accident, Texas law provides not only criminal penalties for the driver, but also an opportunity for injured parties to sue the person responsible for the accident to help defray medical costs and other losses. Courts may award monetary damages to those injured (or the families of those killed) for such things as property damage to the vehicle, medical bills, lost income, and even compensation for pain and suffering.
]]> In addition to the types of monetary damages that courts award, injured people and their families also have a variety of causes of action they can pursue in court to obtain fair compensation for their loss. One of the most common causes of action is suing the driver who is responsible for negligence.In some cases, other people may be partly responsible for the accident, as well. If an individual loans his or her car to a person who is drunk, the car owner could be found liable for negligent entrustment of the vehicle. Those who serve alcohol may share some responsibility, as well. Texas, like many states, has a dram shop law which allows bars, restaurants, and other licensed alcohol providers to be held responsible for injuries caused by people who drank too much. Dram shop laws have even been used by people who injured themselves while intoxicated, to obtain compensation for their injuries.
Texas law also provides a cause of action for wrongful death, which allows the surviving family to collect monetary damages when a person is killed due to the negligence or other fault of some other person or entity. A wrongful death claim, while similar to a negligence claim, is a separate cause of action.
Because there are many causes of action and possible damages that could stem from a given incident, anyone who has been in a drunk driving accident should discuss the specific facts of the case with an experienced personal injury attorney.
]]>These regulations, called hours of service requirements, mandate that drivers must keep careful track of both the time they spend driving and the time they spend on duty but not driving, off duty, and sleeping. Among other things, the rules govern how much off-duty time is required before a driver may get behind the wheel again. For example, a driver may only drive a maximum of 11 hours after 10 consecutive hours off duty and those 11 hours must be within the 14 consecutive hours since they came on duty.
]]> Adhering to the rules can be tricky. Because drivers are paid by the mile, falsification of logbooks (in an effort to show maximum miles traveled in the minimum amount of time, despite delays such as traffic and weather) has been an industry problem for years.New technology is making compliance with the rules easier for truckers and their companies. In the late 1990s, the Department of Transportation began testing electronic logbooks, which record the same information as traditional paper logs, but do so electronically. These systems, called Electronic On-Board Recorders (EOBRs) have the added advantage of being linked to GPS systems, making it nearly impossible for truckers to falsify their log books.
When truck accidents occur, these logs can be invaluable. Investigators can compare these records to other on-board electronic records (similar to the "black boxes" used on planes), as well as other information, such as cell phone records and food and gas receipts, to paint as complete a picture as possible of the driver's condition at the time of the accident.
Many of these electronic records are routinely erased after a short time, however, and trucking companies are reluctant to share their records unless required to do so as part of litigation. Thus anyone involved in an accident with a commercial truck should talk to an experienced personal injury attorney as soon as possible after the accident, to ensure that these important records remain available to protect the legal rights of those who are injured.
]]>Unlike the Deepwater Horizon explosion, which occurred on a floating vessel that was actively engaged in drilling operations at a depth of about 5000 feet, the September explosion occurred on what is considered a more stable, less risk-prone surface: a fixed platform in about 340 feet of water on the continental shelf. This platform, owned by Mariner Energy of Houston, had a crew of only 13, compared to the Deepwater Horizon crew of 127.
]]> Investigations into the cause of the Mariner platform fire are ongoing, but Louisiana Governor Bobby Jindal has said that company officials told him the fire began in barrels of condensate, a by-product of the oil drilling process. Initial reports from the rescued workers indicate that the blast was so sudden that they did not have time to get into lifeboats, and instead relied only on lifejackets. One crewmember was unable to grab a lifejacket in time, and was kept afloat by the other crewmembers as they awaited rescue.Surprisingly, roughly 100 fires on oil platforms and rigs in the Gulf are reported each year. In fact, just one week after the Mariner platform fire, a second fire occurred on an abandoned platform owned by Mariner that was being serviced by two Mariner employees.
Because a single spark on a platform or rig can turn into a catastrophe, there are many safety regulations in place to protect workers. When accidents do occur, workers who are injured can turn to the courts to determine whether these safety measures weren't followed, and obtain compensation from those who are responsible.
]]>The National Highway Traffic Safety Administration (NTHSA) says that car accidents are the leading cause of death for people between the ages of 3 to 33.
]]> The Causes of Serious Car AccidentsAccording to statistics, the leading cause of car accidents is driver distraction. The increased use of cell phones and text messaging has made distracted driving even more prevalent, but distractions can also be something as simple as rubbernecking at another accident, looking at scenery, or dealing with kids in the back seat. Driver fatigue, which is a particular concern for commercial drivers, can also be deadly for drivers and passengers.
Driving under the influence of alcohol or drugs is another cause of serious car accidents. State lawmakers and enforcement agencies continue to implement laws and systems that will prevent drunk driving accidents. Speeding and aggressive driving also puts drivers and passengers at a higher risk of having a serious car accident.
Most car accidents are preventable and are caused by human error. Defensive driving and laws aimed at prevention can help mitigate the risk of car accidents, but serious injuries and fatalities will likely always be a risk for drivers and passengers everywhere.
Related Resource: The Daily News "Man in Critical Condition After Crash"
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