July 2009 Archives

July 27, 2009

More on Crashes Caused by Texting Drivers

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I was just hired to represent another driver who was injured by a teenager who was texting while driving.

Today, in the first study of drivers texting inside their vehicles shows that when the drivers texted, their collision risk was 23 times greater than when not texting. In the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices -- enough time at typical highway speeds to cover more than the length of a football field -- according to Virginia Tech.

The conductors of the study say that while the study only looked at tracktor trucks, which take longer to stop than cars, the results should be similar for all drivers. Truckers, they say, do not text more than average drivers.

Fourteen states now ban texting while driving, the other 36 do not.

Last December, US cell phone users sent 110 billion messages.

In a study over the last 18 months conducted by University of Utah, college students using a driving simulator showed an eight times greater crash risk when texting than when not texting.

That study also found that drivers took their eyes off the road for around five seconds when texting.

A new poll shows that many drivers know the risks of texting while driving -- and do it anyway. The AAA Foundation for Traffic Safety plans on Tuesday to publish polling data that show that 87 percent of people consider drivers texting or e-mailing to pose a "very serious" safety threat (roughly equal to the 90 percent who consider drunken drivers a threat).

Of the 2,501 drivers surveyed this spring, 95 percent said that texting was unacceptable behavior. Yet 21 percent of drivers said they had recently texted or e-mailed while driving.

About half of drivers 16 to 24 said they had texted while driving, compared to 22 percent of drivers 35 to 44.

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July 25, 2009

Collisions Caused by Driver Fatigue

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I have handled several cases where the defendant driver fell asleep at the wheel. In light of a newspaper article discussing rest stops on interstate highways, stop and rest if you experience these signs:

•Difficulty focusing or keeping your eyes open
•Trouble keeping your head up
•Repeated yawning
•Wandering, disconnected thoughts
•Feeling restless or irritable
•Drifting from your lane
•Trouble remembering the last few miles driven
•Tailgating
•Missing traffic signs or exits

These are tips to fight fatigue:

•Get a good night's rest before beginning your trip.
•Schedule regular stops or switch drivers every two hours - even if you don't feel tired
•Limit driving to a maximum of eight to 10 hours a day.
•Make sure you're getting plenty of fresh air; carbon monoxide can build up inside closed vehicles.
•Avoid driving late at night.
•Avoid alcohol and sedating medications.

THE LAW OFFICES OF WILLIAM K. BERENSON, P.C. offers free legal consultations to car and truck accident victims. Please email me at bill@berensonlaw.com or call our toll-free helpline at 1-888-801-8585 or 817-885-8000. I am a board certified Texas personal injury lawyer and will be happy to discuss your potential claim.

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July 23, 2009

Deadly Crash Caused by T

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Deadly Fort Worth chain-reaction collision started when city bus hit SUV, police report says

A fatal multivehicle crash on Loop 820 on July 10 was started when a Fort Worth city bus for the disabled struck a Jeep Grand Cherokee, according to police reports.

Rodney Wood, 36, the driver of the Jeep, was killed in the chain-reaction collision involving five vehicles on eastbound Northeast Loop 820 at Mark IV Parkway. The collisions started at 5:35 p.m.

According to police, the T driver said the Jeep slammed on its brakes. The bus then struck the Grand Cherokee, which then hit a Chevrolet TrailBlazer. A man in a Chrysler 300 said he tried to avoid a Dodge pickup coming from behind but was rear-ended.
According to an earlier police account, the TrailBlazer also struck the pickup.

The police report cites failure to control bus speed as the cause of the accident.

According to earlier police reports, the Jeep caught fire, which spread to the bus and the Chevy.

That detail caught the attention of a national auto safety watchdog because it involved a vehicle with a possible history of tank fires -- and because Chrysler is likely shielded from liability in such cases because of its recent bankruptcy.

"There's a history of tank fires after rear-end impacts," said Clarence Ditlow of the Washington-based Center for Auto Safety.
Up through 2007, there were 164 fire crashes involving Jeeps, according to National Highway Transportation Safety Administration figures. The possible hazard involves Cherokees made between 1993 and 2004, Ditlow said.

While there is no conclusive evidence that a tank fire was involved, if it were to be the case, it would be the first defect case since the Chrysler bankruptcy all but eliminated product liability claims against Chrysler on future crashes.

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July 22, 2009

More About Why Driving While Using Cell Phones Should Be Outlawed

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Ominously, research by the National Highway Traffic Safety Administration -- suppressed for years and released on Tuesday after petitions were filed by advocacy groups -- shows that there are "negligible differences" in accident risk whether you're holding the phone or not. Hands-free devices may even enhance the danger by lulling you into complacency. It is the conversation that pulls focus.

Studies show that drivers who talk on cellphones are four times more likely to be in a crash and drive just as erratically as people with an 0.08 percent blood-alcohol level.
In one study cited by the highway safety agency, "drivers found it easier to drive drunk than to drive while using a phone, even when it was hands-free."

The agency buried its head in the sand, keeping the research to itself for years and ignoring the fact that soon nearly all Americans would own cellphones and that the phones are always getting smarter and more demanding, putting a multimedia empire at your fingertips while you're piloting a potentially lethal piece of artillery.

Americans are so addicted to techno-surfing that they've gotten hubristic about how many machines they can juggle simultaneously. One reporter I know recently filed a story from his laptop while driving on the Pacific Coast Highway.


Americans woke up one day to find that they were don't-miss-a-moment addicts who feel compelled to respond to all messages immediately.

It explains why Christopher Hill, a 21-year-old from Oklahoma who killed a woman last September when he ran a red light while on his cellphone and rammed into her S.U.V., tried to keep dialing and driving with a headset his mother gave him two months after the accident.

Left, literally, to our own devices, we spiral out of control. States should outlaw drivers from talking on phones -- except in an emergency -- and using digital devices that cause you to drift and swerve; or at least mandate a $10,000 fine for getting in an accident while phoning or Twittering.

Auto companies are busy creating new crack hits for our self-destructive cravings. Ford is developing a system that would let drivers use phones and music players and surf the Internet with voice commands and audible responses.

Sounds like a computerized death machine. But, as our dealers know, we'll never disconnect.

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July 21, 2009

Cell Phone Dangers Covered Up by Congress

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U.S. Withheld data on Risks of Distracted Driving

In 2003, researchers at a federal agency proposed a long-term study of 10,000 drivers to assess the safety risk posed by cellphone use behind the wheel. They sought the study based on evidence that such multitasking was a serious and growing threat on America's roadways.

But such an ambitious study never happened. And the researchers' agency, the National Highway Safety Administration, decided not to publish research and warnings about the use of phones by drivers, in part, because of concerns about angering Congress.

Critics say that the failure of the Transportation Department to more vigorously pursue distracted driving has cost lives and allowed to blossom a culture of behind-the-wheel multitasking.

"We're looking at a problem that could be as bad as drunk driving, and the government has covered it up," said Clarence Ditlow, director of the Center for Auto Safety.

The highway safety researchers estimated that cellphone use by drivers caused around 955 fatalities and 240,000 accidents in 2002.

Research Shows that motorists talking on a phone are four times as likely to crash as other drivers, and are as likely to cause an accident as someone with a .08 blood alcohol content.

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July 21, 2009

Bio Blurb - Speech to TTLA Annual Convention 12/08

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Bill Berenson

Bill Berenson, an attorney in Fort Worth, founded his firm in 1982 after graduating with honors from the University of Texas at Austin and from the Southern Methodist University School of Law in 1979. He is on the Board of Directors and is a Sustaining Member of the Texas Trial Lawyers Association and the American Association for Justice. Bill is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He filed suit against President Bush and Vice President Cheney to stop them from taking office in 2000, and the case was reported on the front page of the Wall Street Journal and other national publications.

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July 20, 2009

Is new way to save 10% on your insurance premiums worth it?

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By DIANE JENNINGS / The Dallas Morning News

Drivers who don't mind an insurance company peering over their shoulder as they cruise down the highway may benefit from a new type of insurance policy debuting in Texas this week.
But anyone bothered by the specter of Big Brother may want to steer clear.

On Tuesday, Texas will become the 15th state where Progressive Insurance offers a program that adjusts individual rates every six months based on driving habits. Those habits are monitored by a wireless device about the size of a cigarette pack that relays information to the insurer about what time of day the car is being driven, how far it travels, and how smoothly the driver starts and stops.

Former Dallasite Tim Goodwin, who now lives in Missouri, where the program has been offered for several months, is a fan of the new offering. "I'm 45 years old and I drive responsibly," said Goodwin, whom Progressive provided to reporters for an interview, "And you know what? I want them to know how well I'm driving and how little I'm driving. It works out; it really does make sense to charge people based on how many miles they're driving and not just their credit report."

Goodwin says he saved $60 on his last policy renewal.

Steven McKay, products manager for Progressive, estimates that most drivers save 10 to 15 percent. Poor drivers may end up being charged higher rates, but they can opt out of the program, he said.
The new program is "a good option to have" for some drivers, said Deeia Beck, public counsel for the state Office of Public Insurance Counsel, a consumer advocacy agency. But she cautioned that potential customers need to make "an honest appraisal" of their driving habits.

One other Texas company offers a pay-by-the-mile plan, Johns said, in which customers are charged based on the mileage they drive, but Progressive takes other factors into account.

"How often do you drive after midnight?" McKay said. "If you drive after midnight once a week or more, the program might not be good for you. Driving after midnight can be really dangerous."

In addition, the company looks at "what we're calling 'hard brake,' " McKay said. "If your car slows down rapidly a lot, that's bad."

Customers who sign up for the MyRate program receive an initial discount of up to 10 percent, but they are charged a $5-a-month "technology expense" fee to cover the cost of the device. When setting the initial rate, all of the old rules still apply.

"We still establish a rate according to the old traditional ratings factors - age, gender, marital status, accident violations, the kind of car you drive," McKay said.

After six months, information gleaned by the monitor is factored into the renewal rate.

But drivers don't have to wait to see how they're doing. They can check on their habits online at any time and adjust them accordingly. Goodwin said he realized he needed to adjust his cruise control slightly because the report showed he was exceeding the speed limit.

He also noted that information gathered by the company cannot be used in an accident investigation without the driver's permission.

But Beck, a lawyer, wasn't so sure about that. "They may not use it against their own insured," she said. "But let's say you're a Progressive customer, you're the at-fault driver, and these records are available. I'm sorry, but the opposing attorney is going to subpoena records, and it's not necessarily a done deal whether that's going to be admissible."

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July 18, 2009

Driving and cell phone dangers

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Texas needs to pass a law limiting drivers from driving and texting while they drive.

Studies say that drivers using phones are four times as likely to cause a crash as other drivers, and the likelihood that they will crash is equal to that of someone with a .08 percent blood alcohol level, the point at which drivers are generally considered intoxicated. Research also shows that hands-free devices do not eliminate the risks, and may worsen them by suggesting that the behavior is safe.

A 2003 Harvard study estimated that cellphone distractions caused 2,600 traffic deaths every year, and 330,000 accidents that result in moderate or severe injuries.

Yet Americans have largely ignored that research. Instead, they increasingly use phones, navigation devices and even laptops to turn their cars into mobile offices, chat rooms and entertainment centers, making roads more dangerous.

A disconnect between perception and reality worsens the problem. New studies show that drivers overestimate their own ability to safely multitask, even as they worry about the dangers of others doing it.

Device makers and auto companies acknowledge the risks of multitasking behind the wheel, but they aggressively develop and market gadgets that cause distractions.

Police in almost half of all states make no attempt to gather data on the problem. They are not required to ask drivers who cause accidents whether they were distracted by a phone or other device. Even when officers do ask, some drivers are not forthcoming.

The federal government warns against talking on a cellphone while driving, but no state legislature has banned it. This year, state legislators introduced about 170 bills to address distracted driving, but passed fewer than 10.

Five states and the District of Columbia require drivers who talk on cellphones to use hands-free devices, but research shows that using headsets can be as dangerous as holding a phone because the conversation distracts drivers from focusing on the road.

Fourteen states have passed measures to ban texting while driving.

From The New York Times

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July 17, 2009

Two Die in Crash

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Two women die in rollover wreck near downtown Fort Worth

BY BILL MILLER

wmiller@star-telegram.com


FORT WORTH -- Two women died early Friday when they were ejected from a black Honda sedan that rolled just northeast of the downtown area, police said.

The names of the woman, who appeared to be in their 20s, were withheld until their families could be notified, said Sgt. Rodney Bangs, supervisor of the traffic investigation unit.

The wreck was reported about 3 a.m. on the exit ramp that leads from westbound Texas 121, also called the Airport Freeway, to southbound Interstate 35W.

"The driver struck the guardrail, then lost control causing the vehicle to roll and eject both the driver and the passenger," Bangs said. "Also, it does not appear as though they were wearing their seat belts."

Several alcoholic beverage containers were found at the scene, Bangs said.

But, he added, "we don't know at this point if alcohol was a factor in the crash."

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July 17, 2009

Road Rage

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by By Rex Roy | AOL Autos



Road rage is nothing new to anyone who's spent time behind the wheel of a car, but is it as common as we're led to believe? A recent survey by The Affinion Group found that despicable road manners are still all the rage, but where those driving habits translate into violent driving behavior is a debatable topic.

In Affinion's survey, drivers rated New York as the nation's least courteous, angriest, and most aggressive.

Dallas-Fort Worth ranked as number two in the study!

To deal with frustration on the road, Peterson recommends this acronym: FIDO. Forget It and Drive On.

"It is often best just to keep on driving," said Peterson.

If you've encountered an aggressive or obnoxious driver, don't "return the favor" of a one-fingered salute or some other gesture. Just keep driving and keep your cool. In the worst situations, a simple gesture that communicates, "I'm sorry," will diffuse a tense encounter.

Additionally, simply paying attention to the task of driving will prevent most negative encounters. Drivers from all 25 cities surveyed agreed that distracted drivers attract the most ire and cause the most problems.

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July 15, 2009

Drilling company settles big in death case in Cleburne

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Rhonda Kay Henson of Cleburne was raising three boys and working as an assistant at Ben E. Keith Foods when her life ended tragically in September

Henson, 41, and her husband, Thomas, were driving south toward Venus on Farm Road 157 when heavy equipment being hauled to a gas-drilling site flew off a northbound 18-wheeler and smashed into their car.

Rhonda Henson died a short time later.

Last week, Henson's family and Pioneer Drilling, which employed the truck driver involved in the crash, reached a $16 million settlement in a wrongful-death lawsuit. The trial was in the 413th District Court in Cleburne.

Attorneys for Pioneer did not return calls seeking comment.

"It was a very tragic and unusual case," said John Hart, a Fort Worth attorney who represented the Hensons.

Hart described how a 24,000-pound counterweight and a 4,000-pound spreader bar fell off the 18-wheeler. The spreader bar hit the front end of the car, crushing the vehicle, he said.

During testimony, Hart said, evidence was presented that the truck driver, Daniel Armstrong, didn't meet the federal and state safety guidelines to drive the 18-wheeler. Armstrong was a "swamper" -- a truck driver's helper -- and was hauling the load by himself. The equipment was secured with only two chains instead of the four that are required, Hart said.

Venus police reports said that Armstrong didn't control his speed and that the load wasn't properly secured.

During testimony, Armstrong also admitted that after the accident, he and other Pioneer employees back-dated documents showing that he was qualified to drive to a week before the crash, Hart said.

At that point, Judge William Bosworth called for a recess to allow Armstrong to consult with defense attorney Bill Mason of Cleburne. No additional charges have been filed.

After the recess was called, the case was settled.

"It wasn't about money for the Henson family," Hart said. "This lawsuit was about accountability and responsibility."

Fort Worth Star Telegram


Congratulations to my friend, John Hart, for exposing this company's corruption.



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July 14, 2009

3rd man has died from Sunday night crashes on our roads!

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Man, 84, fatally hurt while trying to push disabled car off highway

BY BILL MILLER
wmiller@star-telegram.com

An elderly man who was hurt Sunday while trying to push his disabled car off of a highway, died early Tuesday at a Fort Worth hospital.

Allen Adkins, 84, of Fort Worth died at 1:50 a.m. Tuesday at John Peter Smith Hospital in Fort Worth, according to the Tarrant County medical examiner's office.

At about 9:15 p.m. Sunday, Adkins was trying to get his 1994 Ford two-door car off the roadway in the 2300 block of NE Loop 820, said Sgt. Rodney Bangs, supervisor of the traffic investigation unit.

Adkins, however, was "struck from behind" by a Toyota sports utility vehicle, Bangs said


Unfortunately, a second man crashed into in the earlier article also died.


I urge Fort Worth motorists to drive with utmost care.

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July 13, 2009

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One man killed, one injured in wreck on Fort Worth access road

BY DOMINGO RAMIREZ JR
Fort worth star telegram


FORT WORTH -- A Fort Worth man was killed and a 20-year-old man was critically injured Sunday night when the two were hit by a sport utility vehicle as they stood putting gas in their van’s tank on an access road.

The Tarrant County medical examiner’s office identified the victim as Floyd Boortz, 78, who died shortly after 11 p.m. Sunday at Texas Health Fort Worth hospital.

The 20-year-old was in critical condition at the same Fort Worth hospital Monday morning.

The accident happened about 10 p.m. Sunday on the westbound service road of Interstate 30 near the Cherry Lane exit.

A van with Boortz, the 20-year-old man, a 20-year-old female and a 2-year-old boy ran out of gas on the service road, according to the police reports released Monday.

A motorist in a Dodge sedan stopped to help and parked in front of the van, the report states.

As Boortz and the 20-year-old man stood by their van, putting gas in the tank, a Kia sport utility vehicle driven by a 35-year-old man exited the freeway, hit the two men and struck the van with the woman and toddler inside. The Kia then smashed into the Dodge car, police said.

The 20-year-old woman was not injured and the toddler was taken to Cook Children’s Medical Center in Fort Worth for precautionary reasons.

The drivers of the Dodge and the Kia were not injured, police said.


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July 10, 2009

Collision check list - what to do next

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Here are some simple rules to help you understand what to do immediately after and in the days following an wreck:

At the accident scene, you should:

Remain calm, and if you need help call a family member or friend.
If possible, stop in a safe place out of traffic.
Call the police.
Get the other driver's name, address, and telephone number, vehicle registration number and insurance information.
Get the names, addresses, and phone numbers of any witnesses.
If you believe the other driver is drunk or using drugs, tell the police.
If you believe the other driver was using a cell phone, tell the police.
Ask the police officer for the police report number and where and when a copy will be available.
Seek prompt medical attention if needed.
Take photographs of the vehicles, scene and tire marks, if possible.

In the days following a Fort Worth area accident:

Contact your insurance company. Get a copy of your insurance declarations page and policy so that you will know what coverage you have.
Get your claim number and the name and address of the adjuster.
Do not speak or give recorded statements to the insurance company for the other driver. Instead, tell the insurance company representative to call your Personal Injury Attorney.
Do not sign releases for medical records until you have consulted with a Personal Injury Attorney. Texas law limits the amount of medical information that you have to provide, and a personal injury attorney can made sure that your medical information remains confidential.
Have someone take photos of the cars and any skid marks on the road before they fade.
Keep a list of the names, addresses, and phone numbers where you have received medical treatment.
Keep copies of all of your medical bills.
Hire a board certified Personal Injury attorney.

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July 9, 2009

How Much Is My Collision Case Worth?

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Each case is obviously different and there is no one size fits all formula that is used. One of my most critical jobs is to accurately assess the sum of money my clients should be receiving from the insurance carrier's adjuster/attorney if a settlement offer is made or from the jury if their case is tried in court.

Many years ago, a three times medicals formula was employed in routine cases. However, most insurance companies now use computers to evaluate the strengths and weaknesses of a plaintiff's injury claim. "Colossus" is the program most widely utilized to minimize the amount of money offered to injured drivers.

I have almost 30 years of experience and analytical tools to calculate case value and methods to circumvent these attempts to short change my clients.



I spoke to the Texas Trial Lawyers Association on this topic at its annual Car Wrecks seminar in Austin in December. I serve on its Board of Directors, the Continuing Legal Education committee and Membership committee.

Please contact me if you have any questions about the value of your injury claim.

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July 8, 2009

We have to stop drunken driving!

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One of my biggest concerns is the number of people who think nothing of getting behind the wheel of a car or truck when are intoxicated.

I have had to represent individuals who have been seriously injured when this happens.

Just during this past July Fourth weekend, Fort Worth police arrested 43 people on suspicion of driving while intoxicated. That was 13 more than last year. Thank God no one died.

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July 7, 2009

Newspaper Article Reporting an 18 Wheeler Crash I Handled Recently

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Couple gets $5.5 million settlement
from trucking company in I-35W wreck

By MARTHA DELLER

Star-Telegram Staff Writer

A couple seriously injured last year when a tanker truck hit their car on Interstate 35W near Burleson have received a $5.5 million settlement from the Oklahoma company that owns the truck.

Mary and John Reutter received the settlement after a mediation conference last month between their attorney and those representing United Petroleum Transports.

"This will ensure that my clients are compensated for their injuries for the rest of their lives," said William Berenson, the Fort Worth attorney representing the Reutters.

The settlements ended a lawsuit filed in July 2006 in 249th District Court in Johnson County.

The Reutters, who moved to Michigan after the wreck, said Monday that they are pleased with the settlement, which was nearly 10 times the amount of their medical bills. But they said they would rather have good health than the money; both live with pain and disabling injuries nearly 18 months after the wreck.

Mary Reutter, who was driving the couple's 2002 Mustang at the time, has a paralyzed left arm and only 40 percent mobility in her right arm. She is unable to dress herself, drive a car or even hold her 4-month-old granddaughter.

John Reutter closed his private investigation firm to care for his wife and because of his back injuries.

"Money compensates, but it still doesn't take care of the loss of our life and the pain we've had to endure," he said. "We'd give this all back if we just had our health back."

Karl Koen, a Dallas attorney who represented United Petroleum and its driver Ismael Villarreal, said they are glad that the case has been settled.

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July 6, 2009

Crash on I35 claims lives of 2 men from Fort Worth

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An 18 wheeler driver from Oklahoma rear ended a Ford Explorer stopped for construction on I35 south of Gainesville on Sunday and killed Fort Worth residents Gervious Hinkle and his 13 year old grandson, Casey Hinkle and critically injured Casey's mother and sister. My condolences and wishes for a speedy recovery go out to the victims of this senseless and preventable crash.

The wreck happened just one exit away from where a 30 year man, Robert Walters, was tragically killed 2 years ago as he was towing away a disabled 18 wheeler. I represented the family of Robert and although we achieved a favorable result in federal court in Marshall, he is missed every day by his family.

This is another glaring example of how many incompetent tractor-trailer drivers are allowed to drive on the highways of Texas.

Remember that a family of three from Frisco and a relative were among 10 people fatally injured June 26 in a pileup on Interstate 44 near Miami in far northeast Oklahoma. Killed were Randall Hayes, 38, and his 7-year-old son, Ethan. Hayes’ wife, Shelby Hayes, 35, died two days later at a hospital in Missouri. Her mother, Cynthia Olson, 55, of Crossroads in Denton County also died in the crash. A tractor-trailer slammed into cars that had stopped on the highway.

The latest statistics from the National Highway Traffic Safety Administration show that large trucks were involved in a staggering 4,808 fatal wrecks in 2007, with 405 of them in Texas.

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July 6, 2009

Why my clients have trouble finding GPs to treat their injuries

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Nation faces shortage primary-care doctors

Texas and the rest of the nation face a shortage of primary-care doctors to treat them, according to an article appearing in today's Dallas Morning News.

Since 1997, U.S. medical school graduates in family medicine and general internal medicine programs have fallen by nearly 50 percent. pecialists outnumber primary-care doctors 2-to-1. H

This year, the average salary offered to pediatricians is $171,000 vs. $480,000 for orthopedic surgeons.,

General practitioners tend to see a larger percentage of Medicaid patients, requiring more paperwork for reimbursements. North Texas physicians have reported that in many cases Medicaid, the government health plan for the poor, reimburses only 40 percent of what private insurers will pay.

Further, many of my clients do not have medical insurance, or their plans refuse to cover injuries due to collisions. Please contact my office if this is a concern for you and we can assist you in locating qualified doctors who can help you.

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July 5, 2009

Don't text and drive!

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Texting Is More Dangerous Than Driving Drunk

By RICHARD S. CHANG - New York TImes

There have been studies that compare text messaging on cellphones and other hand-held devices to driving drunk. And several states have already banned texting while driving. But according to Car and Driver, no one has done a real-world test -- until now. From Car and Driver:

First, we tested both drivers' reaction times at 35 m.p.h. and 70 m.p.h. to get baseline readings. Then we repeated the driving procedure while they read a text message aloud. This was followed by a trial with the drivers typing the same message they had just received.

Our test subjects then got out of the vehicle and concentrated on getting slightly intoxicated. They wanted something that would work quickly: screwdrivers (vodka and orange juice). Between the two of them, they knocked back all but three ounces of a fifth of Smirnoff. Soon they were laughing at all our jokes, asking for cigarettes, and telling us about some previous time they got drunk that was totally awesome. We had them blow into a Lifeloc FC10 breath-alcohol analyzer until they reached the legal driving limit of 0.08 percent blood-alcohol content. We then put them behind the wheel and ran the light-and-brake test without any texting distraction.

Car and Driver performed each test five times, dropping the slowest time. The magazine found that reaction time was much worse for both drivers when they were texting while driving than when they were under the influence of alcohol.

My law office has handled many vehicle crash cases when a texting driver crashed into our client's truck or car.

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July 4, 2009

Happy 4th of July!

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Here are the opening paragraphs of our country's most important legal document. It is well worth re-reading on this or any day of the year.

When, in the course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

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July 3, 2009

Highway driving deaths have decreased

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Last year, 37,261 people died in crashes, the fewest since 1961. At the current rate, fewer than 31,000 people will die. In Texas, 3,382 traffic fatalities occurred in 2008.
Having represented spouses and families in wrongful death cases, one is too many.

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July 2, 2009

Warning: vehicle thefts increase in the summer months

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Here are some tips to keep your vehicle from being stolen.

1. Always lock your vehicle and take your keys.

2. Park your vehicle inside your garage and lock it.

3. Park in well lit areas whenever possible.

4. When parking on a street, turn the steering wheel so the tires point to the curb, and apply your vehicle's parking brake.

5. Consider adding an alarm or other deterrent, or if you're buying a new car, look for models that offer advanced options such as immobilizers, steering wheel locks, kill switches or vehicle-tracking devices.

6. Don't leave valuables visible in your vehicle. That purse, cell phone, iPod or laptop can disappear in a heartbeat. Thieves also are targeting vehicles that have brackets for GPS devices, assuming people who have the brackets leave the gizmos in the glove box. Other popular targets include tires and rims, catalytic converters, airbags and other components that can be easily resold on the black market.

A vehicle can be broken into in 30 seconds and stripped in less than six minutes.

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