With larger vehicles like 18-wheelers, there are specific rules in place that have been designed to help improve motorist safety and reduce the number of serious trucking accidents across the United States. The Federal Motor Carrier Safety Administration (FMCSA) is the agency responsible for passing rules that apply to trucking safety.
]]> One particular problem that the FMSCA had been struggling to address concerned what is commonly called "reincarnated carriers." These carriers are a huge issue for the trucking industry.A reincarnated carrier is a company that comes into existence after a previous company is ordered out of service. Say, for example, a trucking company that had several safety violations and caused numerous truck accidents is ordered off of the road by the FMCSA until the company corrects the issues at hand. Well, the company could just close down, and then start up again with a different name, not addressing any of the agency's concerns.
This new rule allows the FMCSA to tie old punishments to the new companies, making it more difficult for a new entity to escape these sanctions. The penalties may attach to drivers or the companies, depending upon how the new company is structured.
The agency stated that this is only the first step in dealing with this troubling issue. By streamlining this review process, dangerous carriers may be held responsible for the for their safety violations.
Source: Fleetowner "FMCSA issues rule to stop 'reincarnated' carriers" Deborah Whistler May 2, 2012.
]]>Unfortunately, these parties also may present an opportunity for teens to drink. A study by Liberty Mutual Insurance reports that teens say it is 90 percent more likely for their friends to drive drunk on prom night. It is not uncommon for these drivers to be involved in car accidents, which may cause serious injuries or death.
]]> Schools across Texas have given several presentations highlighting the dangers of drunk driving. Simulators show students what it is like to be driving while intoxicated, and how alcohol can severely impact a driver's reaction time.While the focus on prevention has helped to reduce the number of drunk driving accidents, challenges still remain. Teens often may be pressured into drinking by other friends who are present, and may be reluctant to call their parents after drinking. Teen may fear the consequences of what could happen if they tell their parents that they have consumed alcohol.
Parents, friends and family members may also find themselves with legal concerns if they supply alcohol to a teen who is then involved in an accident. In additional to potential criminal penalties, the provider of the alcohol may also be facing liability for any injuries or damage caused by the drunk driver.
Source: KXAN.com "Drill drives message home ahead of prom" Jackie Vega, April 23, 2012
]]>But a driver's behavior is just one minor aspect of safe driving. Officials with the FMSCA have now started looking into new rules that may also deal with a truck driver's physical health. The agency is currently examining proposals that could potentially lead to new procedures regarding drivers with sleep apnea.
]]> Sleep apnea is a dangerous condition that can affect the breathing of person that is sleeping. This can lead to a person receiving reduced amounts of oxygen, which may cause to very serious health problems, including strokes or heart attacks.For truck drivers, this can be especially problematic. Drivers are already on strict hours of service limits, which can make driving long distances dangerous for drivers who did not receive quality rest. Because of the size of the vehicles they are driving, truckers need to be alert and aware each time they are behind the wheel.
Groups have long insisted that drivers be screened for sleep apnea, but the FMSCA has not developed a system for checking for the condition. Additionally, many trucking companies do not know enough about sleep apnea to install their own methods of observation.
Some of the new procedures being checked by the FMSCA involve a body mass index score. Drivers with a score of 35 or higher will be subject to sleep apnea testing. The agency is still looking for input on finding the best procedure that will help eliminate the risks posed by drivers with sleep apnea.
Source: Truckinginfo.com "FMCSA Proposes Guidance for Sleep Apnea" Oliver B. Patton, April 20, 2012.
]]>According to the agency, last year, 3,147 Texas motor vehicle accidents were the direct result of some type of cell phone use. Of those crashes, 40 resulted in fatalities. Teen drivers were frequently texters or talkers while behind the wheel. TxDot cited a study by the Texas Transportation Institute that stated 42 percent of urban teens and 48 percent of rural teens admitted to texting while driving.
]]> People often do not understand what is so dangerous about taking their eyes off of the road for a few seconds. Studies by the National Highway Traffic Safety Administration have compared distracted driving and drunk driving. Using a cell phone while behind the wheel delays a driver's reactions roughly the same as when a driver has a blood-alcohol content over .08, the current legal limit in Texas.Many studies focused on distracted driving have come to the same conclusion: talking or texting while driving will greatly increase your risk of having an accident. No matter how quickly your attention turns back to the road, this short period can lead to serious consequences.
Texas does not currently have rules in place that ban the use of a cell phone while driving. Each year, bills are proposed in the legislature, but each year, they fail to gain the support needed to pass.
Many other states already have these rules in place, and there are even federal rules dealing with truck drivers engaged in distracted driving. The U.S. Department of Transportation has already implemented rules that put harsh penalties in place on drivers of commercial vehicles that use handheld cell phones while driving.
Source: Texas Department of Transportation "Talk. Text. Crash. - Distracted Driving Campaign"
]]>Because of the size of tractor trailers, it can be difficult for drivers to make the vehicles perform the moves necessary to avoid an accident. A lane change that can take a split-second for a passenger car can require extensive planning by a truck driver. Making these moves without proper planning can cause the driver to lose control.
]]> The Federal Motor Carrier Safety Administration recently released results from a study concerning the use of speed limiters in big rigs. A speed-limiting device prohibits a truck from traveling over a certain programmed speed. The American Trucking Association had recommended these devices in the past, and the FMCSA conducted this study to learn if the devices were effective. Since speeding is a factor in many crashes, officials wanted to know exactly what could be done to address the issue.The study determined that having a speed limiting device installed provided many safety benefits to drivers and other motorists. Also, trucks without the devices had a higher crash rate than those equipped with speed limiting technology.
The agency will use this information to decide on pursuing a rule that would make speed limiting devices mandatory for all commercial vehicles. Reducing speeds of commercial vehicles may help make roadways safer for everyone.
Source: Truck News "New study confirms 'profound' safety benefits from speed limiters: ATA," March 28, 2012.
]]>One of the more popular features in new vehicles involves the use of in-dash GPS services. The devices show the driver where his or her vehicle is located, and use a scrolling map to allow for up-to-the second directions. The National Highway Traffic Safety Agency, hoping to reduce the number of car accidents caused by distracted drivers, has recently recommended modifications to these types of navigation systems.
]]> The agency wants certain safety functions put in place, such as reduced text visible to drivers, as well as audio directions instead of screen-based directions. Officials are concerned that the continued advancements in technology are leading drivers to pay more attention to in-dash features rather than the road.The NHTSA has proposed a 30-character limit on any text that appears on these screens, hoping to reduce the amount of time a driver's eyes are off of the road. Many of these in-dash systems may also allow drivers to be able to text while driving or have internet access while behind the wheel.
Officials have asked automakers to disable these features while the vehicle is in operation, or, at the very least, make it impossible for drivers to see. Passengers would still be able to use and access these items, as long as they did not interfere with the drivers.
Source: Cnet.com "Fed driver distraction guidelines make navigation unusable" Wayne Cunningham, March 21, 2012.
]]>To be eligible for the group, attorneys on this list were nominated by their peers. Successful nominees will have strong leadership and trial skills. Attorneys are only eligible to take part in this program if they practice civil plaintiff or criminal defense work.
]]> Ted Lorenz began practicing personal injury law after law school. In 2001, he started Lorenz & Lorenz, L.L.P., and was joined by his wife, Lesley.The firm is completely focused on representing clients with personal injury concerns. They handle a wide range of personal injury cases, including:
Ted has also been named as a Texas Rising Star from 2006-2010. This honor is based upon nomination by other attorneys who have seen how Ted handles cases.
Ted is committed to clients who have been injured as a result of another's negligence. For more information about the National Trial Lawyers Association: Top 40 under 40 honor, please see Ted's profile by clicking here.
]]>The Federal Motor Carrier Safety Administration (FMCSA), the federal agency tasked with reducing the number of dangerous truck accidents on our nation's roads, implemented "Compliance, Safety, Accountability" (CSA 2010). CSA 2010 had several new requirements for truck drivers and trucking companies, designed to improve driving habits and encourage better vehicle maintenance.
]]> One of the requirements of CSA 2010 concerned counting the number of trucking accidents, Under the program, every accident involving a tractor-trailer counts toward the crash accountability of a driver or carrier. Drivers or carriers may be taken off of the road if their crash accountability score is poor.The industry had hoped to work together with the FMSCA to develop a system that would eliminate trucking accidents that were unavoidable or not the fault of the truck driver. However, the FSMCA announced that it would not exclude any of these accidents from the score system.
The agency was reluctant to simply rely upon police accident reports; it felt that doing so would prevent victims or insurance companies from providing evidence regarding the cause of a trucking accident. The process proposed by the trucking industry would not even inform the others involved in the crash that such a review was occurring.
Officials want to give the CSA 2010 time before making such a major change. Excluding accidents could skew the number of reported crashes, making it difficult to know exactly how many truck accidents are happening.
Source: Truckinginfo, "3/21/2012 ATA: Common Sense Must Govern CSA Crash Accountability Decisions"
]]>While there are several ways to improve motorcycle safety, helmets often receive the most attention. Several states have laws that mandate helmet use, but Texas is not one of them. Motorcyclists 20 and under are required to wear helmets within the state, but that ends once a person turns 21.
]]> According to the National Highway Traffic Safety Administration, helmets reduce the amount of motorcycle deaths by 37 percent. However, not every helmet is created equal. Certain helmets do not meet the specific criteria set by the U.S. Department of Transportation, and therefore may not offer protection in a crash. Some manufacturers may even place a DoT sticker on the helmet even though it has not been inspected.New technology is constantly being developed that will make helmets better suited for motorcyclists. Many riders feel that a helmet restricts their field of vision, making it difficult to see what is happening on their sides. New helmets offer a wider eye-port, which will allow a motorcyclist to see more without having to take his or her eyes off the road.
Perhaps more importantly, the new technology is focusing on a way to reduce serious head injuries. Helmets are being developed that do a better job of absorbing the impact of crashes. Finding a way to reduce the force of the accident can go a long way toward reducing the number of traumatic brain injuries that often result in motorcycle crashes.
Source: TechNewsWorld, "Keeping a Lid on It: New Motorcycle Helmet Technologies" Vivian Wagner, March 13, 2012.
]]>Carol Rawson, TxDOT Traffic Operations Division director, explained to Amarillo.com that "Texas' economic strength depends on the efficient and safe movement of people and goods. These new speed limits increase highway efficiency while maintaining the safety of the transportation system."
More speed limit changes are expected for rural areas of I-10 in South Texas as well as parts of I-20, I-30 and I-45.
Transportation officials anticipate that speed limit signs on I-27 and I-40 will be replaced by the end of February. In the meantime, the current 70 mph speed limit will be enforced until the new signs are posted.
The 60 mph speed limits in urban areas will not be affected.
Source: Amarillo.com "Panel Oks Speed Limit Hike" January 26, 2012; StarTelegram.com "Many Texas Highways Will Soon Get 75 mph Speed Limit" January 26, 2012
]]>Often a pedestrian accident can be attributed to the fault of both the driver and the pedestrian. No matter who is at fault when a pedestrian who is wearing headphones is hurt, a recent study sounds a valuable cautionary note.
]]> Marked Increase in Deaths and Injuries for Pedestrians With HeadphonesA study recently published in the journal Injury Prevention reveals that reports of pedestrian accidents involving headphones have increased nearly threefold since 2004. Pedestrians who wore headphones appeared more vulnerable to being struck by cars or other vehicles, but the study was not definitive.
Over two-thirds of the injured or killed pedestrians were male, and over two-thirds were under age 30. Almost 90 percent of the accidents happened in urban counties.
Further study is necessary to show a direct link between headphone use and pedestrian accidents, but the current study demonstrates a trend worth heeding.
With Austin's population of music-loving young men; its walking culture; and its festivals like South by Southwest and Austin City Limits, the issue of distracted walking and Texas pedestrian accidents hits home.
Even though pedestrians cannot prevent all accidents, they can protect themselves by paying close attention. The injuries pedestrians can suffer when they are hit by vehicles can be devastating. The more such injuries can be avoided altogether, the better off Austin pedestrians will be.
]]>During its November 17, 2011 Public Safety Commission meeting, the DPS announced the results of its newest truck safety law enforcement efforts. The DPS report revealed that since the start of 2011, over 330,000 commercial vehicles had been inspected. Of that number, over 66,000 were deemed unsafe and were removed from the road. As a result of its heightened enforcement efforts, 12,301 commercial drivers were also removed from the roads for safety violations.
]]> While the DPS cannot offer similar statistics from previous years or a breakdown of inspection numbers, administrators were able to cite brakes, tires, and lights as the common mechanical issue. Another issue could be driver fatigue.Even though they account for less than 4 percent of registered vehicles nationally, commercial trucks are the kings of American roads; however, truck safety has continued to be a major public safety issue with big rigs being associated with tens of thousands of crashes annually and nearly 4,000 deaths last year. For Texans, the problem is staggering. Commercial vehicle crashes are responsible for approximately 15 percent of the Lone Star State's highway fatalities.
Big truck accidents can cause more than minor scrapes and bruises. Accident victims can suffer from long-term disability, traumatic brain injury and even death. In addition, victims and their families can be saddled with mountains of medical bills and other issues.
As the national debate continues about improved road safety, Texas is dealing with the fact that nearly one in every five vehicles is being removed from service. In realizing that the state's commercial trucks covered 20.86 billion miles in 2008, state leaders are making a difference through initiatives like Operation Texas Thunder.
Unsafe big trucks threaten everyone sharing our nation's roads. From 2009 to 2010, truck-related fatalities increased significantly from barely 3,300 to almost 4,000. Taking steps to get unsafe commercial vehicles and buses out of service is just one way of preventing major accidents and saving lives.
]]>The Texas Department of Transportation (TXDOT) announced a new program aimed at reducing the number of accidents and fatalities associated with football game days.
]]> The TXDOT's "Know When to Pass" program is designed to highlight the risks of game day drinking and remind fans they should have a designated driver if they intend to drink and need to drive.Game day drinking is a serious problem. Ironically, a University of Texas study was one of the first to formally identify the affect of football game days on alcohol consumption. TXDOT studies indicate 51 percent of Texans report three or more drinks at football parties and 45 percent report then driving home after the party.
And the drinking leads to an increase in DUI arrests. The statistics also indicate in 2009, 1,537 DUI car accidents occurred on days when a Texas football team was playing.
In 2009, there were 867 fatalities that occurred on football game days. The study in Texas found that "high-profile" games were similar to holiday traditionally associated with heavy drinking, like Thanksgiving, New Year's Eve and Halloween. With the NFL season nearing completion and college bowl games on the horizon, there may be many more of these high-profile games.
College students tend to be some of the heaviest drinkers and football games provide ample excuse to intensify the drinking. The sporting event provides both the reason for having a party and the social context that encourages heavy, binge drinking. When the game is over, many of these people then take to area roadways while they are still intoxicated.
]]>A recent study by the Texas Transportation Institute at Texas A&M University revealed that texting while driving could be more dangerous than previously believed. The results showed that texting caused a driver's reaction time to slow down from a range of one to two seconds to a range of three to four seconds. To put this in perspective, a car will travel about 100 yards in three to four seconds while traveling at highway speeds. The study also found that texting made it more difficult for drivers to stay in their lanes and keep their speed constant.
A different study that was conducted in Britain in 2008 by the Transport Research Laboratory found that texting impaired drivers more than being intoxicated by alcohol at the legal limit. Perhaps the most stunning research of all was reported by the Virginia Tech Transportation Institute in 2009. Their study found that drivers of heavy trucks were 23 times more likely to get in a collision while texting.
Currently, 34 states have banned texting while driving for all drivers. In Texas, texting while driving has not yet been banned. Such legislation reached the desk of Gov. Rick Perry in June 2011 but was vetoed. Two other bills, on the other hand, have been passed into law recently - one bans texting and cell phone use for teenage drivers while the other bans cell phone use for all drivers in school crossing areas.
]]>The new laws passed during our state's last legislative session went into effect on September 1, 2011. One of the most important new laws creates safer conditions for tow trucks that are in the process of tending to broken down vehicles or car accidents on the side of the road.
]]> The old law required drivers to slow down to 20 miles per hour below the posted speed limit when passing a tow truck on the side of the road with emergency lights flashing. The new law will require Texas drivers to do quite a bit more.The new law in affect requires drivers to slow down considerably or move over to create a significant zone of safety. The new law will keep tow truck drivers safe from many of the rear-end accidents that they may have risked under the old law.
Tow truck drivers must be safe to tend to the car accidents and stranded drivers on Texas roads. Allowing the emergency services room to clear the vehicles quickly will contribute to less congestion on Texas highways and overall driver safety.
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