Austin Personal Injury Lawyer - Motor Vehicle Accidents

Will the Texas Legislature Really Approve Lane Splitting?

Brooks Schuelke — Thu, 26 Mar 2009 10:35:06 GMT

Before reading this blog post, watch a portion of the video below.

Did you watch it? If you did, thanks for listening. If you haven't, really go back and watch a few seconds.

The video is a good example of lane splitting, motorcycles driving between lanes of traffic. Doesn't seem very smart or safe to me, but yesterday the Texas Senate approved Senate Bill 506, which would make some lane splitting legal in Texas.

Your question is problem the same as mine? Why do we need that? Well, supporters of the bill suggest that allowing lane splitting will help improve traffic. As the motorcycles move up, it vacates spots in traffic for cars and trucks. Now I try and give people the benefit of the doubt, but that sounds ridiculous to me. I'm not sure what kind of traffic the supporters sit in, but when I'm in traffic, it's because there are too many cars and trucks, not because there are too many motorcycles. Now maybe if they voted to allow lane splitting for semis it would improve traffic, but motorcycles just aren't much of a problem.

Instead, this seems stupidly dangerous for all involved. I don't know about you, but I have a hard enough time changing lanes during rush hour traffic --- trying to find an opening or trying to make eye contact with the driver next to me so they'll let me in --- I don't need the extra difficulty of watching out for some idiot speeding up behind me on a motorcycle. And then imagine all the cars that move close together to try and cut off the motorcyclists. I just don't see how this is going to go well.

If you're interested in more, Fox 7 had a nice story last night, and I suggest you watch it.

Originally posted at InjuryBoard by Brooks Schuelke

Austin is #1, But For Car Wrecks

Brooks Schuelke — Thu, 10 Jul 2008 15:44:01 GMT

It's not unusual for publications to print articles touting Austin as a great place to live, but last week, we were tops on the wrong kind of list. A study by Allstate Insurance Company found that Austin drivers are more likely to be in car wrecks than drivers from anywhere else in the state. Overall, Austin drivers are 35% more likely to be in a collision than the average American driver.

Not surprisingly, the Austin Police Department disagrees with the study's findings, though the APD does acknowledge that the number of Austin auto accidents has been increasing.

The one thing that all the parties agreed upon was that most car wrecks were caused by distracted drivers --- those that were doing something else while driving.

Originally posted at InjuryBoard by Brooks Schuelke

Tejano Star Injured In Bus Wreck

Brooks Schuelke — Mon, 24 Mar 2008 20:52:06 GMT

They say you've made it when people know you by one name. And in the world of Texas Tejano music, there are few, if any, bigger stars than Emilio. Unfortunately, the Grammy winner suffered serious injuries after a bus wreck this weekend.

Emilio apparently sustained severe head injuries in the wreck, and he is taking part in a study using hypothermia to treat his brain injury. While this treatment has been around for decades (and been seriously studied for ten years or so), the results of many of the studies are mixed. For more information on this treatment, you may check out these posts on other blogs:

Hypothermia May Help After A Traumatic Brain Injury
Study Shows Promise For Hypothermia Treatment

Originally posted at InjuryBoard by Brooks Schuelke

Five Most Dangerous Intersections In Austin

Brooks Schuelke — Fri, 14 Mar 2008 11:53:12 GMT

Earlier this week, the Austin Police Department released a list of the five Austin intersections with the most car wrecks in 2007. The intersections are:
(1) East Riverside Drive at Pleasant Valley (29 car wrecks);
(2) North Lamar Blvd. and W. Koenig Lane (27 car wrecks, but also most convenient place for wrecks as it's populated with auto repair shops and dealerships);
(3) West Parmer Lane and N. Lamar Blvd (26 car wrecks);
(4) the access road from South Mopac entering South Loop 360 (25 car wrecks); and
(5) Lakeline Blvd. and 183 (24 car wrecks).

With the release of this data, you will probably see personal injury lawyers lined up there all weekend. JUST KIDDING!!!!

Originally posted at InjuryBoard by Brooks Schuelke

Bad Week for Austin Auto-Pedestrian Crashes

Brooks Schuelke — Thu, 13 Mar 2008 12:09:52 GMT

One of the biggest problems facing Austin police is the increase in auto-pedestrian collisions. This week alone there have been two auto-pedestrian fatalities on Austin's roads. The second auto-pedestrian fatality, which occurred Tuesday night, was the 11th traffic fatality of the year. This is a problem that has continued from last year, when auto-pedestrian wrecks accounted for 24 of the 63 Austin traffic-related deaths.

The Austin Police Department is finally taking some additional steps. As of this week, they are starting to emphasize jaywalking and issuing more jaywalking tickets (both downtown and across the main roads) to try and decrease the risk to pedestrians.

Originally posted at InjuryBoard by Brooks Schuelke

Chiropractors Soliciting Car Wreck Victims For Attorneys

Brooks Schuelke — Sat, 08 Mar 2008 13:28:30 GMT

This week, Allstate Insurance Company filed a suit in a Texas US District Court against 67 defendants, including chiropractors and law firms, alleging that they were improperly soliciting car wreck victims as clients. Under Texas law, personal injury lawyers are limited in their abilities to contact victims of car wrecks. To get around this limitation, some unscrupulous attorneys have developed relationships with chiropractors, who are not forbidden from contacting those injured in wrecks. The chiropractors buy police reports of accidents, contact the victims of the car wrecks, and offer them chiropractic services and also refer the victims to attorneys. Allstate is now suing to limit this conduct.

The irony is that the Texas Trial Lawyers Association, the state's largest association of personal injury attorneys (of which we are active members), worked very had last legislative session to get the Texas legislature to pass a bill that would limit this solicitation by chiropractors. Unfortunately, Governor Perry inexplicably vetoed the legislation. We are hopeful that we can correct his error during the next legislative session to protect the public and those trial lawyers that seek to follow the rules.

Originally posted at InjuryBoard by Brooks Schuelke

Street Racing Leads To Car Wrecks

Brooks Schuelke — Tue, 04 Mar 2008 08:28:14 GMT

This week, the Austin American Statesman posted an article that discussed the increase in car wrecks due to street racing. The problem of street racing really came into focus nationwide in February when 8 observers were kill in Maryland when a drag racing car wreck spilled over into the crowd.

But street racing isn't just a problem in Maryland. It's also a big issue in Texas. The National Highway Transportation Safety Administration did a study of street racing related deaths from 2001 to 2006. Unfortunately, Texas had the second most number of street racing related wrongful deaths in the country during that period.

It's not as if law enforcement officials are ignoring the problem. In 2004, the Texas legislature tried to address these car wrecks and made it a felony to race on Texas highway. But enforcement of the rule is hard. Officials note that even in organized races, the parties can appear and disperse within a matter of minutes.

Originally posted at InjuryBoard by Brooks Schuelke

Deadly Weekend For Austin Car Wrecks

Brooks Schuelke — Mon, 03 Mar 2008 08:56:43 GMT

This weekend was another sobering reminder about the risk of auto accidents on Austin's roads. Yesterday, a teenager died in a car wreck on Texas 71 near Bee Creek. This is one of the most dangerous stretches of road in town. Since October 2006, eleven people have died in auto accidents on this two mile stretch. In fact, Austin news station KXAN ran a story just last week talking about the county's efforts to decrease the risk of car wrecks by retexturing the surface of the road.

But that deadly wreck wasn't the only one. On the other side of town, two people were killed and three more injured in an auto accident on US 290 near Manor.

Please remember to be careful out there. As our population increases and more drivers are on the road, these risks will only continue to increase.

Originally posted at InjuryBoard by Brooks Schuelke

More Austin Trucking Accident Dangers

Brooks Schuelke — Tue, 19 Feb 2008 09:47:51 GMT

It is no secret that trucking traffic and trucking accidents are a major problem in Austin and Central Texas. Interstate 35 is routinely one of the most heavily traveled stretches of highway in the country.

A large part of that has to do with NAFTA and international trade with Mexico. The Texas Transportation Institute at Texas A&M has provided quite a bit of information on Texas trucking traffic. According to TTI, in 1995, 739,800 trucks entered Texas by border crossing. By 1999, that number was up to approximately 2,300,000, and that number continues to increase. By TTI's estimate, truck tonnage will double over the next twenty years. Overall, US-Mexico truck trade value over Texas highways represents a stunning 10% of the value of all US international trade (amazing when you consider all the port trade on the east and west coasts).

And Austin and Central Texas continue to be a major route for the trucking traffic. In 2003, more than 2,500 trucks per week traveled through Austin with NAFTA trade. But by 2020, it's estimated that number could increase to 7,500 to 15,000 trucks per week traveling I35 through Central Texas.

Given all that, one would expect that the state would be doing everything it can to protect the state's roadways from unsafe trucking. But we aren't. Last night, Austin news station KXAN ran an enlightening story entitled "Dodging the Scales" that describes truckers' efforts to avoid weigh and inspection stations. Unfortunately, the Texas Motor Transportation Association is opposing legislation that could close these loopholes, and other organizations have started popping up to try and make the problem worse.

What's the lesson in all this? Be careful out there.

And these numbers are nice, but you can really get a sense of the sometimes aggressive truck driving by watching the following You Tube video of a truck driver driving I35 near Austin:

Originally posted at InjuryBoard by Brooks Schuelke

Using an Accident Reconstruction Expert In A Car Wreck Case

Brooks Schuelke — Fri, 25 Jan 2008 15:22:54 GMT

California personal injury attorney John Bisnar has an interesting post about the importance of hiring an accident reconstruction expert when the accident reports are not filled out properly. Like John, and probably most personal injury lawyers, I've found accident reconstruction experts helpful in combatting report errors. But accident reconstruction experts are also helpful in other contexts.

But accident reconstruction experts can also be helpful in cases where there are no disputes about liability. For example, having your expert prepare an animation, even in an agreed liability case, can be important in getting the jury to understand the wreck and award the damages necessary to make the client whole. A reconstruction expert may also be important when the other driver's vehicle is equipped with a black box. Even without a dispute about liability, the black box may lead to egregious evidence (the speed of the other vehicle or the fact that brakes were never applied) that can significantly enhance the value of the case.

So I urge you to think outside the box when considering what types of experts are necessary in your car wreck cases.

Originally posted at InjuryBoard by Brooks Schuelke