Houston Car Accident Lawyer Blog

Recently, the Texas governor vetoed a bill that had reached his desk which would have banned or made illegal, texting while driving in Texas. Many people are particularly concerned about the failure of Texas leadership on this issue on a statewide basis.

Noteworthy is the fact that many cities and municipalities such as Galveston, Texas have on their own voted to make illegal texting while driving while within their jurisdiction. Galveston is joined by many other cities in banning texting while driving and the reason has been because of the increased danger to the public of a taxi driver.

In effect, Texas citizens and others driving across the state of Texas may be texting while driving and breaking the law or not, depending on where they are at the time. This hodgepodge approach has left much uncertainty and worse has not served to curtail the dangerous practice of texting while driving.

What is needed in the state of Texas is a comprehensive approach in outlawing texting while driving while coupling that with an education campaign that in public know that texting while driving is both dangerous and illegal.

Studies have shown that texting while driving can be everything that drunk driving is as far as danger to the public. Texting can actually take away 2 car lengths of distance or safety cushion for the driver and this makes a huge difference in the number of accidents that can be avoided. There are many cell phone apps that actually will turn off your texting while the car is in motion but they are not utilized very often and can be complex to use.

Good advice on the issue includes putting your phone on "silent" why you are driving to keep you from being distracted by the "beep" of the text or an e-mail.

There are many organizations that are fighting each an every day to outlaw cell phone use while driving and many of those organizations are founded by folks who have lost loved ones because of cell phone use on the roadway.

Continue reading "Texas Gov. Vetoes Texting Ban " »

Texting and driving has been determined to be as deadly a behavior as drinking and driving. In a study done at a Texas university - they found that texting and driving was the cause of 16,000 deaths in the last six years. In the year 2000 only one third of Americans had cell phones - today there is nearly universal ownership.

Too, even as recently as a decade ago - text-messaging was fairly new - and altogether there were only a million sent each month. Today there is an average of 125 million per month.

Consider the following news stories about accidents in which the driver was either sending or receiving a text.

*A teenager was texting a friend when he ran a stop sign and broadsided a car carrying an elderly couple. The woman was killed instantly but the teen was only given 30 days and jail and ordered to pay a $5000 restitution.

*A professional real estate agent using his car as an extended office glanced away from the road 'just long enough to scan a message from his secretary' missed seeing a semi-truck entering the road on his right. He rear-ended the truck and died.

*A police officer on his way to another car accident looked away from the road to text his wife that he'd be late for dinner. In the time it took for him to look away and then back he had run head-on into a compact car carrying 2 sisters. Although the officer survived the accident - both girls died at the scene.

More and more states are banning texting and driving. Unfortunately though - preventing individuals from making this deadly choice requires more than a law on the books.

Continue reading "The Dangers of Texting and Driving" »

Drinking and driving has deadly consequences - and more often than not it is the innocent and unsuspecting driver who loses his or her life - not the drunk driver.

Take a reported story of fellow just into his early twenties and add ten beers to his blood stream. Put him behind the wheel of his pick-up and hold your breath as he attempts to navigate on the open highway. ONLY he heads off in the wrong direction driving on the wrong side of the highway. WRONG WAY drivers often are the cause of catastrophic accidents and this case was no exception.

The young man's truck slammed into a tanker on a highway and the result was an explosion and fireball that lit up the sky for miles. The truck driver was killed in this horrific collision.

The drunk driver is behind bars having miraculously escaping with HIS life.
The news report quotes the driver who caused the accident as being 'real sorry'. He was further quoted as saying he knew he'd caused 'a real bad accident'.

The tanker driver had spoken to his wife on the phone only moments before the accident that claimed his life. He'd told her he had a couple more deliveries and would then be on his way home.

Even in the retelling of this incident it is difficult to decide whether it is more gut-wrenching or heart-wrenching. The man leaves behind 3 children as well. It is difficult to imagine losing your loved one at all - let alone in a conflagration caused by negligence and ignorance.

A driver who is intoxicated and causes a wrongful death of another can be assured that the world as they know it is about to change drastically.

Don't, don't, don't drink and drive.

Continue reading "DWI- Dont Do It" »

No teenage son or daughter can wait for the day that her or she can drive or operate a motor vehicle. In Texas the laws change it seems almost yearly about how and when a minor can operate the family vehicle.

Three decades ago it was simply having a parent take their child down to the local Texas DPS license office, and pay for a learners permit, and when they became sixteen they would be tested for knowledge and on the road with an officer grading their ability.

Today teens have to jump through many administrative hoops to obtain even their learners permit. A class that consists of thirty hours of instruction must be taken and passed before even applying for a permit to get time behind the wheel with a licensed adult riding along with them.

The parent or guardian and the student driver must also agree in writing and sign a document that they are under the Zero Tolerance Law. This means even on the first occurrence of the student driver being pulled over by law enforcement, and they can detect that any amount of alcohol is in their body, their permit, or license will be taken away.

Before any of the above occurs the student must prove that they are in school, and show through proof of attendance records, and or hardcopy of their enrollment paperwork. If they have already received their high school diploma, or G.E.D then the previous will not be needed.

Of course, the normal vision test, and a written exam must be taken and passed to receive what is now called an instruction permit instead of a "learner permit". This will be simply a piece of paper and not the standard photo ID the Class A licensed drivers receive.

This document will expire upon the student's sixteen birthday in which time they will have to take the next steps in getting their "Graduated Drivers License".

More driver education in the classroom and driving with an approved instructor will be required to obtain their drivers license. This will be called a Provisional Drivers License, and it comes with certain restrictions.

The first being a driving curfew for anyone under the age of 18 that restricts them from driving between the hours of 12 AM (midnight) until 5 AM the next that morning. There are exceptions to this rule, and they are:

1. Attending an official school activity.
2. If their job keeps them late due to scheduling.
3. Incase of a medical emergency.

There is also the requirement to have the minimum State mandated auto liability insurance; even before the instruction permit can be issued to the student driver.

Recently, the Texas Legislature added some new laws regarding requirements
For drivers under the age of 18 years of age: No use of wireless communications devices such as texting on a smart cell phone, or WiFi enabled devices while operating a motor vehicle.

Continue reading "What Are Teen Or New Drivers Rules In Texas" »

Frequently in my Texas personal injury law practice I receive calls from folks involved in a car accident who at the request of the other party did not call the police and simply exchange information at the accident scene, only to then have the negligent party suddenly claim the car accident was the victim's fault.

This happens almost every day and is a prime example of why the best thing you can do after car accident is call the police. The police will take statements, look at the physical evidence and report what they find. Many people are shocked after they do a kind favor of not calling the police and end up suffering for their graciousness.

If you are in a auto accident, call the police and have them make a report. At the minimum, if you do not call the police make sure you take photographs of the location of the vehicles before they are moved and obtained name address and telephone number of any and all witnesses. You will be shocked at some of the stories that get told after the cars are moved.

Do not be a victim twice, call the police.

Continue reading "Why You Need to Call the Police After a Car Accident" »

There is a lot of interesting and varied news in the world of vehicles recently. Consider the following news shorts.

*As if rising (skyrocketing) gas prices were not enough of a punishment for those who own larger vehicles - now some in the state of Texas wants to further abuse them. One news source states that legislators are considering adding a surcharge to the cost of new vehicles that fall short of the required fuel efficiency standards set by the federal government. The reason they are mulling over this additional cost is to help cover a projected budget deficit. I guess that is a way of increasing taxes without admitting you raised taxes!

*It seems that vehicle technology is changing faster than I can ever write about it. A short television news segment offered viewers a look at what they can expect in their cars in the coming year or so and there are some great ideas out there.

For instance, new voice technology will allow you to listen to your text messages and respond without ever taking your eyes off the road and hands off the wheel (like a phone conversation but better).

In addition, new technology has been designed that will allow parents more control over the speed their children can travel at and even how high the music can be played. Too, physics played a hand in the newer designs - as engineers are finding ways to disseminate the energy from a crash thereby minimizing damage to the vehicle and injuries.

Finally, a rising pop star offered this advice to his fans - don't twitter and drive.

Continue reading "Technology and Cars" »

Great news - pundits, state and federal groups and famous personalities have formed a united front to combat the increasingly deadly phenomenon of distracted driving!

Daily public service announcements can be heard on the radio and seen on television warning drivers of the potential deadliness of their actions - that include everything from texting to talking on the phone and eating to reading!

As cars have become more of a home away from home for people - their ability to recognize the disaster that awaits them when they become too comfortable - and don't put driving as their first priority - is becoming part of the national consciousness.

While it is not possible to determine to the letter which Houston car accidents were caused by a distracted driver - experts can state definitively that several deaths a day occur across the country because people were inattentive behind the wheel. Equally as disastrous is the fact that there are thousands of injuries (both temporary and permanent) that can be traced to distracted driving as well.

As awareness continues to grow about the dangers of driving distracted the state and federal legislatures are starting to take an active role in passing laws that will help to curb the worst of these offenses - texting and/or talking on cell phones while driving.

Do your part as well - discourage family members from driving distracted - and model appropriate driving behavior for others. Put your cell phone down or better yet turn it off until you arrive.

Continue reading "Distracted Driving Fight Goes On" »

Safe driving tips are always a timely topic for readers. Consider the following advice the next time you get into your vehicle. They are precautions that usually fall to the bottom of most safe driving lists.

*When driving by parked cars remember that there may be people inside who are preparing to exit the vehicle - and they could open the door right into your path.

*Even when you have the right of way at an intersection - perhaps the light is green and it appears the other cars are stopped - be somewhat cautious - particularly when the light is just changing. There have been hundreds of injury and fatality accidents caused by drivers who run a light that they believe had just turned red - or they were simply not paying attention.

*Follow the simplest rules of the road to stay safe. When driving at night don't drive through unlit and unfamiliar areas. Don't pick up strangers or even slow down to answer a question. If someone appears to be in need of help and you are wary then dial emergency services instead but keep your doors locked and stay inside of your car.

*Never drive through standing water - it may cause your engine to stall and your vehicle and you could be swept away.

*Be alert for erratic drivers - they can come at you from all directions. If someone appears to be driving drunk or distracted and is endangering others around them then pull off the road and out of their way - and dial 911.

Continue reading "Drive Save in 2011" »

Recently a father on his way to work was broadsided by an automobile. The impact sent his truck tumbling and when it came to a stop he was dead.

Accident reconstructionists found no skid marks at the scene which led them to conclude that the driver of the car did not even see the truck before hitting it...most likely because she was distracted. This type of auto accident happens every day in Texas.

Distracted driving is quickly becoming the national focus of local, state and government organizations as well as people of influence - including well known celebrities.

In order to drive home the fact that people who are being killed in distracted driving accidents are our mothers and fathers, brothers and sisters, family members and friends - the United States Department of Transportation has developed a video entitled 'The Faces of Distracted Driving'. In it, family members share the pain and tragic stories behind what many only see as the statistics of the death and devastation that accompanies a distracted driving accident.

The video is a series of segments in which family members are friends are encouraged to share their losses with verbal frankness. It is difficult to look away - and haunting for those who give little thought to their own behavior behind the wheel.

An accident can be an unfortunate mishap - but distracted driving is not an accident - it is clear negligence instead.

Continue reading "Distracted Driving and the DOT" »

There are any number of distractions that divide the attention of drivers when they are behind the wheel of their car (or other type of motor vehicle) but texting (either reading or writing them or otherwise accessing your email and or using the internet) while driving is the singular most dangerous activity in which one can engage outside of drinking and driving and ranks as the highest form of driver distraction. Some studies find that it is even more dangerous than driving while intoxicated.

A series of highly publicized fatality accidents have been attributed to this activity - not all of them in automobiles. The most infamous example was the Chatsworth train collision in which 25 people lost their lives. It was later alledged that the train conductor was distracted and texting at the time of the crash.

A similar rail accident occurred in Boston only months later in nearly identical circumstances - and which has prompted legislation forbidding public officials from using their cell phones for texting (and other personal reasons) while on the job - including police and fire alike.

More recently, a plastic surgeon to the movie stars was thought to have been texting when he lost control of his car and went over the side of a mountain in southern California.

Technology enriches our lives in many ways. People in general and families in particular have come to rely on cell phones and texting to stay in touch - but with up to four thousand deaths in the last few years being directly attributed to 'texting' - the real message is don't drive and text!

Continue reading "Don't Text While Driving" »

Studies have shown that texting may be more of a danger to the motoring public than drunk drivers. The reason is that both situations can turn ugly in a hurry. However with texting and the explosion of the mobile communication devices more and more people are using cell phones while driving for e-mail, MMS, and the sheer numbers are astounding.

Given the growth of mobile communication devices and the tendency of technology communications to the instantaneous , we have become a "connected" society. While that is good in many aspects it is disastrous when driving.

That is not to say that drunk driving accidents are not a radical and dangerous problem in Texas -they are. The point is that there are many more people texting, e-mailing and not paying attention to the road then there are intoxicated drivers. Which leads to a conclusion that texting may be ultimately more dangerous to society than drinking when driving.

We have laws protecting us from drivers who have consumed too much alcohol and those laws tend to be fairly strict. However when it comes to distracted driving we are much less regulated and it has become a huge problem.

America needs a national standard for mobile communication devices to protect Americans. The hodgepodge of laws in different cities and different states makes it very difficult to enforce the statutes and educate the public on what conduct is acceptable and what is not.

Please support distracted driving legislation based on a uniform national standard.

Continue reading "Which is More Dangerous Texting or Drinking" »

After handling thousands of Houston car accident cases it has recently occurred to me that a singular course in defensive driving - above and beyond the initial driver's training course- might do all of us some good. Let's consider the types of techniques a person may acquire with this additional schooling.

Defensive driver courses are designed to teach motorists how to identify and react to hazardous situations predictably and in as safe a manner as possible. The course is based on research that supports the premise that a driver who is able to anticipate a difficult or dangerous driving situation is more likely to react in a way that reduces the risks to themselves and their passengers as well as to the other drivers around them on the road.

Practicing defensive driving moves allows the driver to 'incorporate these techniques into their driving repertoire'. That means they are more likely to react calmly in a dangerous driving situation.

The following is a list of some of the types of driving situations a student will be trained to react to:
*ceding the right of way
*maneuvering around environmental hazards
*reaction times and stopping distances (particularly in inclement weather)
*maintaining control of the vehicle in inclement weather and sudden problems
*adapting to fluid road circumstances
*emergency and first aid training

These are just a few examples of the types of experiences a student can expect to undergo in a safe driving course.

Certainly drivers are exposed to this type of training in their initial driver's training but there is a difference...and that is that a new driver cannot be expected to develop an expertise in all areas of 'roadway conduct' right 'off the mark'.

A second round of training in defensive driving would be very helpful to teens - and adults as well!

I had a very nice note the other day from a father who had lost a child telling me about getting "that knock on the door" and his note reaffirmed my commitment to advocate safety to young and old drivers alike.

Frankly, one can never be 'over-prepared' to address challenging and sometimes deadly traffic situations none of us want to get that knock on the door.

Some fatality accidents are more difficult to write about than others. The most painful involves the loss of young life - as was the case last week with a car driven by a recently licensed teenager carrying several passengers. According to eyewitness accounts, the car was filled with a driver and three passengers.

One was a 13-year-old passenger seated in the back that had not used his seat belt and strapped himself in. It seems maybe the other back seat passenger, a 15-year-old girl, had not belted herself either. Instead, she allegedly leaned forward to change the radio station and in so doing bumped the driver's arm - causing him to lose control of the SUV.

The 13 year old was thrown from the vehicle and died as a result.

Now several charges are pending against the young driver. First, he ultimately held the responsibility for ensuring that all of his passengers were securely fastened in and remained that way throughout the course of their excursion. Of course, he is charged with a failure to maintain control of the motor vehicle.

But it is another charge that may come as a surprise to parents of new drivers. Recent restrictions placed on new drivers in Texas require that they may have no more than one passenger (who is not a family member) under the age of 21 in their vehicle for the first year after their driver's license has been issued.

In this case the young man had three. Time and again studies have shown that passengers they consider to be their peers easily distract young drivers - and the combination is often deadly.

This is a very tragic accident, and my heart goes out to the family of the 13 year old and also to the young driver and other passenger who will carry this accident with them forever.

Parents - know where your child is heading and with whom, and please spend time when you drive asking all passengers every time "are you belted" and help you child establish safety as a routine. Young drivers need all the help we can give them.

Continue reading "New Drivers are at Risk" »

In a very unusual incident in Texas, some time ago, reports have a teen hitting 10 vehicles in a mere 10 minutes span. The girl was driving a Mercedes and in a rush to reach a dance, she hit a 9-year-old boy.

On realizing her action, she may have panicked and in the next 9 minutes she hit nine other vehicles before reaching her destination.

In this scene, she hit an elderly lady too. The boy was seriously injured and was immediately transported to the hospital. He received severe leg fractures and a spinal cord injury.

The lady involved was a pedestrian and received a head injury. The girl was immediately taken for testing concerning alcohol after which it was confirmed that she was not drunk. It was however found that she does not possess a valid license.

Reports indicate that in order to flee away from the scene she sped up the car and hit another truck parked nearby which raised her panic level furthermore. The incident happened at 9:00 o'clock in the evening which is the peak traffic time.

Underage drivers are not experienced and sometimes just do not know the right thing to do in a car accident. We really cannot judge a 16 year old as an adult. The noteworthy thing is that parents should not allow their young children to take control with out taking the time to discuss what to do if they are involved in an accident.

Dealing with legal issues at young ages brings down the morale of kids and may affect their future. Bobby Bowden the great Florida State football coach has a quote I would like to share with you. He said something like "if you do not teach your son respect for authority, the law will".

The moral of this story is to spend time with your children and discuss what they should do in an car accident- whether or not it's their fault.

Continue reading "Teen Drivers Need Parental Guidance" »

I'd like to think that all types of drivers read this blog and take my safety advice to heart. Certainly we have discussed safe driving tips at length. Here again is a short summary of driving safety suggestions for you and your family to consider to help avoid an auto accident.

1. First and foremost - DO NOT DRINK AND DRIVE. This is the leading cause of accidents.
2. Do not ingest any type of illegal substance and drive. Like alcohol - it impairs your judgment and ability to commandeer a vehicle.
3. Do not drive distracted. By that we mean do not drive and put on your makeup. Do not drive and eat. Do not drive and TEXT. Do not drive and manipulate technology such as IPODS. Do not parent while behind the wheel. Keep your eyes on the road and your hands on the wheel.
4. Do not tailgate.
5. Always wear your seatbelt.
6. Make sure all of your passengers have on seatbelts.
7. Do not horseplay in a car.
8. Use your blinkers to let other drivers know your intentions.
9. Pass with care but do not pass on two lane highways.
10. Keep your vehicle in good working condition - regular checkups.
11. Obey all traffic signs and laws.
12. Be a defensive driver.
13. Do not drive aggressively.
14. Do not speed.
15. Be respectful of the awesome responsibility that is inherent in the privilege of driving.

Continue reading "Safe Driving Tips" »