Austin Personal Injury Lawyer - Automobile Accidents - Most Commented

Amen! New Legislation Seeks To End Chiropractic Solicitation Of Car Wreck Victims

Brooks Schuelke — Mon, 29 Jun 2009 09:04:41 GMT

I’ve previously written about the problem with chiropractors soliciting car wreck victims and then directing the clients to attorneys, many of whom provide questionable representation. In the 2007 legislative session, the Texas Trial Lawyers Association (our state-wide group of plaintiff’s attorneys) and others joined to try and pass a bill that limited the ability of chiropractors to solicit victims. The bill passed both the House and the Senate by almost unanimous margins only to be vetoed by Governor Perry. At the time, I had some harsh words for Perry.

But now, it’s time to give Perry his due. During the last session, the House and Senate passed HB 148, which amended the barratry statute that already applied to lawyers and now makes it illegal for chiropractors to solicit car wreck or other accident victims in person or by telephone until the 31^st day after an accident. Governor Perry signed the bill into law on June 19, 2009, and it will go into effect on September 1, 2009.

With any luck, this new legislation will at least minimize the improper case running that has been going on.

Originally posted at InjuryBoard by Brooks Schuelke

Reduce Car Wrecks By Raising The Driving Age?

Brooks Schuelke — Tue, 09 Sep 2008 09:32:40 GMT

It is undisputed that driving safety is an issue for teenage drivers. More than 5,000 U.S. teens die each year in auto accidents, and the rate of crashes for teens is almost 10 times the rate for drivers aged 30 to 59. But what do we do about it?

The Insurance Institute for Highway Safety, a research group funded by the auto insurance industry, intends to present a proposal today to raise the driving age from 16 to 17 or even 18. The president of the association knows that it's a tough sell, but noted that car wrecks are the leading cause of death among teenagers.

The industry point to New Jersey, the only state with a 17 year old driving age, for support. Various studies have shown that the overall rate of teens killed in New Jersey has been much lower than in nearby states.

But not everyone agrees with the proposal. Many teens are obviously against it, as are some parents, who also enjoy their teens new freedom. And even safety experts wonder if this focus will take focus off other driving dangers, such as drunk driving.

So readers, what are your thoughts on the proposal?

Originally posted at InjuryBoard by Brooks Schuelke

Bicycle Accidents and Head Injuries Are In The News Again

Brooks Schuelke — Thu, 29 May 2008 10:30:00 GMT

Yesterday, I reported that a city-led task force has made recommendations designed to decrease the number of bicycle accidents in Austin. Now, preliminary results of a new study were released by the University Medical Center at Brackenridge, and the report is once again putting the spotlight on bicycle accidents, particularly those that result in head injuries.

The study was reported on by at least two Austin news outlets, and each have a different emphasis. Last night, local television station KXAN ran a story that suggested that advocates will use the results of the study to push for a new law mandating bicycle helmets. The study confirms other studies that find head injuries are a frequent result of bike accidents and that helmets could prevent between 45 and 88 percent of bicycle-related head injuries.

A story in this morning's Austin American Statesman focuses on the study's findings regarding bicyclists who drive while intoxicated. The study found that an astounding 40 percent of the injured who reported to the hospital for bicycle accidents had been drinking. The intoxicated were also much less likely to have been wearing helmets and three times as likely to have suffered head injuries.

For more information on bicycle and helmet safety, please read resources from:

The Mayo Clinic

The National Highway Transportation Safety Administration

The Center for the Advancement of Health

Consumer Affairs --- Bike Helmet Laws Reduce Injuries

Originally posted at InjuryBoard by Brooks Schuelke

Wrong Way Wrecks Are Still A Problem

Brooks Schuelke — Mon, 27 Jul 2009 10:50:52 GMT

Last month, I posted about the rash of wrong-way drivers on the Dalls Parkway. Unfortunately, it's still a problem. Just this weekend, eight people were killed in a wrong-way crash in New York.

At this point, those of us that are taken aback at the problem have written about it extensively, including:

I've tried to find some tips describing ways that we might minimize the risk that we're hit by wrong-way drivers or (ghost drivers) without much luck. Perhaps the most important thing that drivers can do is to be aware that most of these accidents occur at night and involve drivers that are drunk or have been using drugs.

The best solution for these problems seems to be in the better design of roadways and signage. Fortunately, that's happening in some of the worst places. For example, the Dallas North Tollway is adding more "wrong way" and "do not enter" signs on roadways and putting more reflective material on the road to direct proper direction of traffic in an effort to minimize this problem.

Originally posted at InjuryBoard by Brooks Schuelke

Driving Safety: No Text Messaging While Driving

Brooks Schuelke — Sat, 07 Feb 2009 09:46:00 GMT

As some our readers know, I have a separate firm website with a personal injury blog. For the last year or more, the number one way that people find my site and my blog is conducting a google search about text messaging while driving --- hundreds of people per week.

That tells me that people are interested in it, which I think means people are doing it. Well...DON'T. When you are talking about driving safety, there are few things as dangerous as text messaging while driving. I can tell you stories that I hear, but really, this is one of those instances where the numbers may speak for themselves.

In the last couple of years, some studies have concluded that people text messaging while driving are 6 times more likely to get in a car wreck than someone paying attention and that texting while driving is fifty percent more dangerous than talking on a cell phone and driving. If you think that's bad, a study from Europe came out last September that found text messaging while driving to be more dangerous than driving drunk and more dangerous than driving after smoking marijuana.

I know it may be asking a lot, but use a little common sense while you're out there to keep all of us safe.

Originally posted at InjuryBoard by Brooks Schuelke

For The Love Of Your Child, Please Use A Car Or Booster Seat

Brooks Schuelke — Mon, 26 Jan 2009 10:09:13 GMT

I received a twitter note (you can follow me @bschuelke) this morning from a local news station (@KXAN for you twitterers) saying that an unrestrained child was ejected and killed in a car wreck this morning. As a parent, there isn't anything you can do that is more important than protecting your child, and properly using a car or booster seat is one of the most important things you can do to protect your child.

The National Center for Health Statistics says that motor vehicle crashes are the leading cause of death for the 2-14 year old age group. And a lot of the problem is in Texas. Texas and California are neck and neck for the 1 and 2 rankings of the number of child deaths from car wrecks, and both states almost double the number 3 ranked state for number of deaths.

Many of these deaths can be prevented by the proper use of car seats and booster seats. National Highway Transportation Safety Administration studies show that child safety seats can reduce the risk of fatal injury by 71 percent for infants and 54 percent for toddlers. And Center for Disease Control studies show that proper use of booster seats reduce the risk of injury by 59 percent.

The American Academy of Pediatrics has come out with their 2009 car seat guide, which summarizes as follows:

Infants: Infact seats and rear facing convertible seats. All infants younger than 1 year and who weigh less than 20 pounds should always ride rear-facing.

Toddlers/Preschoolers: Convertible seats. Children 1 year of age and at least 20 pounds can ride forward-facing. It is best to ride rear-facing as long as possible.

School-aged children: Booster seats. Booster seats are for older children who have outgrown their forward-facing car safety seats. Children should stay in a booster seat until adult belts fit correctly (usually when a child reaches about 4'9" in height and is between 8 and 12 years of age)

Older children: Seat belts. Children who have outgrown their booster seats should ride in a lap and shoulder belt in the back seat until 13 years of age.

While all seats are important, I want to emphasize the booster seat requirement. Most parents are good about keeping their kids in car seats, but I see a LOT of kids that aren't 4'9" and don't use booster seats. This is just dangerous.

Seat belts are designed for adults. If your child doesn't meet the 4'9" requirement, then the seat belts will not keep the child in position in a serious wreck. The child will flail around and potentially be ejected or partially ejected from the vehicle, almost certainly killing the child.

I know there's a lot of pressure from kids and even potentially other parents to not use the booster seats, but as an attorney, who only handles auto porduct liability cases told me was his response to parents that don't use booster seats, "I just tell other parents that I'm glad to know I love my kids more than they love theirs."

Originally posted at InjuryBoard by Brooks Schuelke

Government Covers Up Research Showing Link Between Cell Phones And Auto Accidents

Brooks Schuelke — Tue, 21 Jul 2009 14:29:52 GMT

The New York Times wrote that two public interest groups had obtained documents from the National Highway Traffic Safety Administration that show the link between cell phone usage and auto accidents. The documents and a requested study of 10,000 drivers were all shelved because the NHTSA was more worried about politics than the safety of our drivers.

Shockingly, the research found that a motorist talking on a cell phone was four times as likely to be involved in a crash as other drivers, and are as likely to cause an accident as someone with a .08 blood alcohol content.

And using hands-free devices didn’t help much. . In fact, the agency had prepared a letter to the governors of each state warning them of the dangers of even using hands-free devices.

Having said all the above, there's nothing really new. People know the dangers of driving while talking on the phone, and yet people do it all the time. I just hope that more information like this gets out and that we don't have to wait for more deaths before this practice is curbed.

Learn From Sergio Kindle --- Don't Text And Drive

Brooks Schuelke — Sat, 27 Jun 2009 22:58:35 GMT

Everyone that knows me knows that I'm a huge University of Texas fan. That's why I was so dismayed tonight to see that Texas star linebacker/defensive end Sergio Kindle suffered a concussion when he drove his car into an apartment building, likely a result of texting while driving. I won't beat a dead horse about how bad of an idea this is because I just had a lengthy post about it yesterday. If you want to know about the dangers, go read that text messaging while driving post.

There are also a number of other posts on this issue that provide more information:

Originally posted at InjuryBoard by Brooks Schuelke

Car Wreck Victims, Please Don't Become Victim To Insurance Company Swoop And Settle Techniques

Brooks Schuelke — Tue, 16 Jun 2009 09:27:43 GMT

I think the sign of genius is being able to take something from those you disagree with. I have frequently written about my displeasure with attorneys or chiropractors that improperly (and perhaps illegally) solicit accident victims (eg here and here). Last week, I received an email from someone that disagreed with me. I'm cutting and pasting the email (including the errors), but leaving off the individual's name because I don't have the person's permission to post the email:

I read your ridiculous article on solicitation of MVA victims. I have done this type of solicitation and I want you to know that most victims are so thankful that someone was helping them with their pain and also getting them adequate representation for their claim.
The insurance companies are making a killing on the public's ignorance and oft times abuse the system by showing up at the injured's house or even at the sight of the accident with a check which cancels any further obligation with the insurance company. One thing you'll never see in the news is Allstate or State Farm's profit from the previous year. If the public was aware of it there would be riots. I don't know what kind of law you practice but you've obviously not dealt with those creeps. You are lucky nowadays to just get your medical paid, let alone any further compensation for injury and suffering. As long as people maintain attitudes like your's we'll all just take two aspirin and forget about getting osteoarthritis. You are not for the plaintive, that's for sure.

Obviously, I disagree with a lot of things in the email, but I won't go into that because I don't want this discussion to escalate into an argument. However, I do want to emphasize the one point that the author makes that is important is that insurance companies "abuse the system by showing up at the injured's house or even at the sight [sic] of the accident with a check." I call this "swoop and settle." They adjusters will come in with ridiculously low offers, often making false statements to the auto accident victim about the victim's claim, and then obtain a release. When those of us in the plaintiff's bar discussed our position on barratry, the one issue that gave some pause was the swoop and settle conduct.

So if you're in a car wreck, don't fall prey to these tactics. I always tell clients that the biggest mistake they can make is settling the claim before they know the extent of their injuries. While some are often anxious for money, plaintiffs are almost always rewarded for their patience.

Originally posted at InjuryBoard by Brooks Schuelke

Governor Perry, Please Sign SB 61 Mandating Use Of Booster Seats

Brooks Schuelke — Tue, 26 May 2009 22:01:07 GMT

In today's Austin American Statesman, Dr. Todd Maxson, the trauma medical director at Dell Children's Hospital (and dad of two of the kids on the little league team I helped coach this year), wrote an editorial encouraging Governor Perry to sign SB 61, which would mandate the use of booster seats by children aged 5 to 7 and under 4 foot, 9 inches.

In calling for Governor Perry to sign the bill, Dr. Maxson states:

As the trauma medical director at two of the leading pediatric medical centers in Texas — I'm at Dell Children's Medical Center after a stint at Children's Medical Center Dallas — I have witnessed the devastating consequences of injuries due to the improper restraint of children in motor vehicles.

I cannot begin to share with you the grief and dismay that parents — who obeyed current Texas child restraint law, yet in a crash saw their children killed or disabled — feel when they realize that the law does not match the best proven safety standards.

Senate Bill 61, awaiting signature by Gov. Rick Perry, will prevent death and permanent disability to children 5 through 7 by ensuring that they are appropriately restrained in a vehicle during a crash.

Current Texas law requires children to be restrained in a seatbelt. That restraint, however, does not provide adequate protection during a crash. Children ages 5 through 7 who are restrained only by a seatbelt are susceptible to injuries, paralysis and death. The simple addition of a booster seat allows the vehicles' restraining device to better protect the occupant.

I hope all of you will join me in encouraging Governor Perry in signing this important legislation.

And let me add, that I know my last three posts have all dealt with this issue. I do not want to beat a dead horse, but right now, there are probably few things that I could do that are as important as helping protect all of our children.

Originally posted at InjuryBoard by Brooks Schuelke