Greyhound Bus Accident In California Ends in Tragedy by Bus Accident Lawyer Justin A. Hill
Major accidents involving large Motorcoach/Busses have been in the news with alarming frequency as of late. Just in past six months, there have been tragic accidents involving buses in Atascosa County, Texas, Cotulla, Texas, and Arizona. According to the Dallas Morning News, “In 2007, a bus carrying an Ohio college baseball team crashed in Atlanta and killed seven people. Last year, a crash near Sherman, Texas that killed 17 people and injured 40, galvanized the Texas congressional support for bus safety legislation.” Recently, NHTSA “released its Motorcoach Safety Action Plan which lays out concrete steps for improving motorcoach safety across the board. SaferAutomobiles.com has discussed bus accidents in depth.
Our firm has been involved in the representation of bus accident victims and survivors for many years. We have been involved in cases against the bus manufacturer, bussing company, maintenance company and drivers that failed to properly transport passengers in a safe manner. Today, a terrible accident in California is agains reminding the nation of the dangers associated with bussing industry.
The AP reports:
A Greyhound bus traveling to Sacramento from Los Angeles crashed on a highway in California’s Central Valley early Thursday, killing six and seriously injuring nine others. The bus, carrying 36 people, struck an SUV that had overturned in front of it, slammed into a concrete center divider and clipped another vehicle shortly after 2 a.m. just outside downtown Fresno, California Highway Patrol Officer Axel Reyes said. The bus went off the right shoulder of the highway and down a 15-foot embankment before hitting a eucalyptus tree and coming to rest on a freeway off-ramp with its front end smashed and tree branches jutting into the vehicle. Twisted pieces of metal, broken glass and torn clothing littered the ground around the wreckage. Arlen Snider, who had been traveling from Phoenix to Sacramento to visit his mother, said he was asleep in the middle section of the bus when the crash occurred. He awoke to the smell of smoke and injured passengers around him. “I woke up on the floor of the bus and started helping people off the bus,” Snider, who escaped uninjured, said after arriving at Sacramento’s bus terminal. The six dead people included four women and two men. Three of the women were in the overturned SUV, according to officials. Nine people were taken to hospitals with moderate to critical injuries, Reyes said. The bus driver, who was among the dead, was identified as James Jewett, 57, of Sacramento. Jewett died instantly of massive injuries, said Fresno County Coroner Dr. David Hadden. “The front of the bus was destroyed and the front part of the bus was pushed into his driver’s seat,” Hadden said. The other five people killed had not yet been identified. “I had just woke up and I heard a boom once, and a boom again and the next thing I know we were down this embankment,” Linda Gee, a passenger on the bus, told KMPH-TV in Fresno. “I’m alive and I thank God I’m alive,” she said. “There was just bleeding everywhere.” The blue Chevy Trailblazer that overturned in the fast lane also landed at the bottom of the embankment, its roof caved in and doors crushed. Hadden said his office planned toxicology reports on the drivers of the bus and SUV, with results expected in about a week. There were no obvious signs that anyone had been drinking, such as bottles in the vehicles, he said. The most seriously injured patients were taken to Community Regional Medical Center in Fresno, where attending surgeon John Bilello said one man remained in critical condition. The injuries included pelvic fractures and collapsed lungs. “They were in serious pain when they got here. There was definitely some emotional shock and fear,” Bilello said. The bus departed Los Angeles late Wednesday and stopped in Fresno before continuing on its route to Sacramento with 35 passengers on board, Greyhound spokeswoman Bonnie Bastian said. It was on its way to Madera for one of about eight scheduled stops when the crash occurred. A relief bus was sent to take nine passengers who wanted to continue on to their destinations. The two northbound lanes of Highway 99, a major route through the San Joaquin Valley, were closed for several hours after the crash.
Six people were killed and four critically injured in Fresno, Calif., early today when a Greyhound bus collided with a car and careened into a eucalyptus tree, The Fresno Bee reports. The six dead included four women and two men. The bus driver was among the dead. The Bee says the accident occurred around 2 a.m. when the bus, carrying 48 people, hit an overturned SUV then crashed into a second vehicle. The bus was en route to Sacramento from Los Angeles and had made a stop in Fresno.
The LA Times reports:
A Greyhound bus that originated in Los Angeles and was carrying 47 people has crashed in the Fresno area, killing at least six people including the bus driver, according to authorities. DMV records show 57-year-old James Jewett had valid commercial and standard driver’s licenses. The bus, running on Greyhound Route 6888, left Los Angeles for Sacramento around 6 p.m. Wednesday and made a stop in Fresno. While traveling on Highway 99, the Jewett swerved to avoid another crash involving an overturned minivan and slammed into the concrete center divider before hitting a Chevy Blazer and a tree around 2:14 a.m. Thursday, CHP Officer Michelle Sigmond said. Six people were killed in the crash, Sigmond said. The victims included four women and two men. Officials say three of the women were in the overturned SUV. Police told KTLA at least 10 others were hurt, ranging from serious to minor injuries. The cause of the crash is under investigation.
If someone you know was injured or killed as the result of a motor coach, RV, or bus accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all potential plaintiffs are protected.
A recent reader of this Blog provided very important insight into the problems related with trucking and how safety is sacrificed for profits. Tragically, Manuel Arizola, 21, his girlfriend Johana Sandoval, 21 and their baby of 11 months old Romen Arizola died as a result of profits over the Independence Day weekend.
The reader stated:
This is in regard to the wreck involving an 18 wheeler over the 4th of July, 2010 holiday weekend in Laredo, TX. I used to operate an 18 wheeler for a company called Tutle and Tutle out of Cleburne, Texas and a few of my old friends from there gave me a call yesterday and told me that this was one of their trucks. They pull those big shiny dry bulk sand trailers and haul frac sand to the gas wells all over Texas. As a matter of fact I knew the driver in the accident. The older these drivers get the more likely this is to happen and I don’t mean that the driver was getting too old to do his job but rather the dispatchers of this company gives the older drivers more work than can legally be done and these drivers aren’t getting the sleep that they need because of it. They are driving anywhere from 14 to 36 hours before they are allowed to lay down and in some instances (probably like this one) they keep pushing the driver until he wrecks. The dispatchers don’t do it out of meanness just greed. The driver feels as though he is too old to get a job at another company so he must do what he is told or he will lose his income for good. As silly s that sounds, trust me, it is 100% true. When the company is investigated for logbook violations the company ends up just paying the fine and business goes on as usual. Until the laws change and they start holding the owners and or CEO’s criminally responsible this type of thing will sadly continue. The sad part besides the people who lost their lives of coarse, is that this driver will probably go to prison the rest of his life for involuntary manslaughter if his logbook goes unchecked against his fuel receipts. If they do find out he was falsifying his logbook then he may go up on manslaughter charges while they company continues to do business as usual and run their other drivers in the ground. I hope their are some politicians out there that see what I have written and investigate what I’m telling them here because this needs to stop at a company top management level so people quit dying for a stupid load of frac sand. My heart goes out to the family.
An 18-wheeler traveling at highway speeds with a sleeping driver is a nightmare scenario. However, it is not uncommon. NHTSA reports that fatigue/drowsiness/and drivers falling asleep causes approximately 100,000 accidents a year. If someone you know was injured or killed as the result of a tractor-trailer accident, sleeping driver, or both, encourage them to immediately contact an experienced trucking attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, the rights of all claimants are protected, and the interests of justice are served.
Laredo 18-Wheeler Accident Claims Family by 18-Wheeler Accident Lawyer Justin A. Hill
Every year, Texas experiences a large number of dangerous, and potentially deadly, accidents involving large combination tractor-trailers. Nationally, according to the National Highway Traffic Safety Administration, truck-related highway fatalities totaled 4,229 in 2008. A recent accident in Laredo, Texas caused by an 18-wheeler has led to the tragic loss of an entire young family.
Chron.com reports:
A south Texas family of three is dead after their car collided with a tractor-trailer rig as they were headed to San Antonio. The Texas Department of Public Safety identifies the dead as 21-year-old Manuel Arizola, his 21-year-old girlfriend Johanna Sandoval and their 11-month-old son, Romen Arizola. DPS Trooper Tony Salas tells the Laredo Morning Times that the crash happened about 9:30 a.m. Saturday on Interstate 35 northbound about 45 miles north of Laredo. He says the tractor-trailer rig filled with sand was southbound when it crossed the median into the car’s path. Salas says the father’s 13-year-old sister, Victoria Connie Arizola, was airlifted to a San Antonio hospital in critical condition. A spokeswoman at Brooke Army Medical Center in San Antonio refused to update her condition Sunday.
Pro8News.com reports:
A tractor-trailer veered off of the southbound lane onto the northbound lane and hit an oncoming car. The driver, 21-year-old Manuel Arizola, his common law wife 21-year-old Joanna Sandoval and 11-month-old baby, Romen Arizola, all passed away in that accident. At the time of the accident department of public safety officials told us a 13 year old girl was also in the car and she was transported to University hospital in San Antonio at that time in critical condition. However the Associated Press is now reporting that she is at Brooke Army Medical Center. It is believed that she is the sister of Manuel Arizola, the driver of the vehicle. We’ll keep you updated on her condition. The driver of the 18-wheeler reportedly admitted to officers that he fell asleep at the wheel. That accident is still under investigation.
If someone you know was injured or killed as the result of an 18-wheeler accident, big rig accident or tractor-trailer accident, encourage them to immediately contact an experience 18-wheeler accident attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.
Cell Phone Bans Added in Vermont and Georgia by Texting While Driving Accident Lawyer Justin A. Hill
States continue to enact laws limiting or banning the use of cell phones, smart phones, and other electronic devices by drivers. Vermont and Georgia are the latest to follow this trend. The IIHS reports:
A jurisdiction-wide ban on driving while talking on a hand-held cellphone is in place in 8 states (California, Connecticut, Maryland, New Jersey, New York, Oregon, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cellphone unless they are also committing some other moving violation other than speeding. Local jurisdictions may or may not need specific state statutory authority to ban cellphones. Localities that have enacted restrictions on cellphone use include: Oahu, HI; Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead, and Walton Hills, OH; Conshohocken, Lebanon, and West Conshohocken, PA; Waupaca County, WI; and Cheyenne, WY. The use of all cellphones while driving a school bus is prohibited in 19 states and the District of Columbia. The use of all cellphones by novice drivers is restricted in 26 states and the District of Columbia. Text messaging is banned for all drivers in 28 states and the District of Columbia. In addition, novice drivers are banned from texting in 8 states (Alabama, Delaware, Indiana, Maine, Mississippi, Missouri, Texas, and West Virginia) and school bus drivers are banned from text messaging in 2 states (Oklahoma, and Texas). The table below shows the states that have cellphone laws, whether they specifically ban text messaging, and whether they are enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle before citing a driver for using a cellphone. Laws without this restriction are called primary.
A Virginia Tech Transportation Institute study found that when drivers text, their collision risk is 23 times greater than when not texting. The real dangers of texting and driving are slowly becoming understood by the general public and juries confronted with these cases are reacting accordingly. Our firm was involved in a record verdict associated with a texting and driving accident. If someone you know was injured or killed as the result of a texting while driving incident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.
18-Wheeler Accident Causes Explosion and Two Fatalities by Texas 18-Wheeler Accident Lawyer Justin A. Hill
Every year, Texas experiences a large number of dangerous, and potentially deadly, accidents involving large combination tractor-trailers. Nationally, according to the National Highway Traffic Safety Administration, truck-related highway fatalities totaled 4,229 in 2008. There are many reasons that tractor-trailers continue to be such a danger. A major accident in central Texas has left two Michigan men dead.
MYSA.com reports:
New Braunfels police have identified two men killed early Wednesday morning when their tractor-trailer crashed and caught on fire near the Schertz-New Braunfels city limits. The men, both from Detroit, are Richard Hardacre, 62, and Richard Gallagher, 53. Police still aren’t sure who was driving the tractor-trailer. A news release states New Braunfels police officers and firefighters were called to the northbound lanes of Interstate 35 near Schwab Road around 12:30 a.m. for a one-vehicle accident. Authorities said they found the cab of the tractor-trailer engulfed in flames. The driver lost control of the tractor-trailer, then veered off the main lanes of I-35 and landed on the northbound frontage road, police said. The two men apparently were trapped in the burning cab. They were pronounced dead at the scene, police said. Although parts of the interstate were closed for several hours, by 11 a.m. police opened all lanes of traffic. The truck, owned by Point Dedicated Services, LLC of Detroit, was transporting automotive parts from Laredo to Kansas City, Mo.
Herald-Zeitung.com reports:
An 18-wheeler was involved in a single-vehicle accident early Wednesday morning that claimed the lives of two occupants. The two accident victims have been identified as 62-year-old Richard Hardacre and 53-year-old Richard Gallagher, both of Detroit, Mich. The men’s bodies were transported to the Travis County Medical Examiner’s office for autopsy. It is still unknown which man was the driver at the time of the accident. The accident occurred after 12:30 a.m. in the 5500 block of I-35 Northbound. Officers from the New Braunfels Police Department and New Braunfels Fire Department responded, blocking off northbound traffic on the interstate and the frontage roads near the Schertz/ New Braunfels city limits. “It is unknown what the cause of the accident is going to be,” said Lt. John Wells, spokesperson for the New Braunfels Police Department. He said the cause of death could have been the fire or smoke inhalation or impact from the accident itself. The 18-wheeler left the roadway and came to rest on the northbound frontage road near the Engel Road exit. The truck left the interstate just before the underpass for Engel Road where it landed almost beneath the I-35 bridge. “The Schertz Police assisted in getting folks to alternative routes but unfortunately some folks were stranded for that period of time,” Wells said, because of a lack of ways off the interstate. Traffic was reportedly backed up at least as far as the intersection of I-35 and Farm-to-Market 3009 in Schertz. Traffic was stopped until early this morning around 6:30 a.m. while debris and diesel fuel from the fire was cleaned off the road. All traffic lanes were not open until 11 a.m. when cleanup was complete. The trucking company that owns the 18-wheeler is Point Dedicated Services, based out of Detroit. The trailer was transporting automotive parts from Laredo to Kansas City, Mo. The accident is still under investigation.
If someone you know was injured or killed as the result of an 18-wheeler accident, big rig accident or tractor-trailer accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.
Midsize SUV Rollover Accident Testing by Texas Rollover Accident Lawyer Justin A. Hill
Accidents involving vehicle rollovers account for nearly 10,000 deaths per year. Even though thousands of individuals lose their lives every year, automotive manufactures still produce vehicles with roofs that do not provide sufficient support in rollovers, seatbelts that are not equipped to handle the changing forces of rollovers and inadequate stability and rollover prevention systems. Recently, the IIHS tested midsize SUV to see how they should fare in rollover accidents. According to the New York Times:
Insurance Institute for Highway Safety The 2011 Jeep Grand Cherokee was among six vehicles to receive top marks (a Good rating) in the Insurance Institute for Highway Safety’s roof-crush test, which examines how a vehicle will withstand a rollover crash. Last year, the Insurance Institute for Highway Safety began testing vehicles to see how they would fare in rollover crashes, which claim about 10,000 lives each year, according to government figures. The institute, which is a nonprofit organization financed by insurance companies, started a series of roof-crush tests. The tests have become a key component in the institute’s annual list of Top Safety Picks. Already, the roof-crush test has produced at least one eye-opening result: The Smart Fortwo, the smallest car sold in America, scored a top rating of Good (on a scale of Good, Acceptable, Marginal and Poor) in a roof-crush test of microcars. The latest roof-crush test was performed on midsize S.U.V.’s, and the results were issued by the Insurance Institute on Wednesday morning. The best performers, those rated Good, were the 2010 Chevrolet Equinox/GMC Terrain (built after March 2010), Jeep Liberty/Dodge Nitro, Toyota Highlander and Venza, and the 2011 Jeep Grand Cherokee and Kia Sorento. The 2010 Ford Edge was Acceptable. The 2010 Honda Accord Crosstour, Honda Pilot, Mazda CX-7, Mitsubishi Endeavor and Nissan Murano were rated Marginal. None of the vehicles tested received a Poor rating. Russ Rader, a spokesman for the Insurance Institute, said in an e-mail message that most of the vehicles that were rated Marginal had roof designs that were locked in before the institute introduced its roof strength test in March 2009. “The six good performers show that the automakers are committed to meeting this test and improving rollover protection as they roll out their new models,” he wrote. Mr. Rader also noted that the reason the Good rating applied to the Equinox and Terrain models built after March was because General Motors made changes to the roof structure of the vehicles built after that date. The institute did not test vehicles manufactured before that date. Getting Good ratings on the rollover test meant five vehicles (Equinox, Grand Cherokee, Highlander, Sorento and Venza) qualified as Top Safety Picks. To earn that designation, a vehicle must get Good ratings on the institute’s front, side and rear crash tests, in addition to the roof strength test. The vehicle also must have electronic stability control, because it significantly reduces the risk of rollovers. The institute’s roof-crush test uses a metal plate that pushes down on one corner of a roof. The vehicle is rated on how much force the roof can withstand until the edge caves in five inches. The vehicle gets a Good rating if its roof can withstand four times its unloaded, or curb, weight. Roofs can withstand 3.25 times its curb weight are acceptable, 2.5 times are Marginal, and anything less than that gets a Poor. The institute’s roof crush tests are more stringent than the current federal standard, which requires these vehicles to withstand a force equal to 1.5 times their unloaded weight. A stricter federal standard has been imposed, but will not begin to be phased in until September 2012.
This Blog has discussed rollover issues many times including here, here, and here. Rollover prevention and creating stronger roofs continues to be a goal of automobile safety advocates and should be a high priority for vehicle manufacturers. Citing the report above, “Nearly 10,000 people a year are killed in rollovers. When vehicles roll, their roofs hit the ground, deform, and crush. Stronger roofs crush less, reducing the risk of injury from contact with the roof itself. Roofs that don’t collapse help keep people inside vehicles when they roll. Rollovers are much more common for SUVs and pickup trucks than for cars. In 2008 almost half (47 percent) of all pickup occupants killed in crashes were in trucks that rolled over. This compares with 58 percent of deaths in SUVs and 25 percent in cars.”
If someone you know was injured or killed as the result of a rollover accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, the rollover scene is surveyed and preserved, statements are taken, and the rights of all are protected.
Kansas is Latest State to Ban Cell Phone Usage by Drivers by Texting While Driving Accident Lawyer Justin A. Hill
States continue to enact laws limiting or banning the use of cell phones, smart phones, and other electronic devices by drivers. Kansas is the latest to follow this trend. The IIHS reports:
A jurisdiction-wide ban on driving while talking on a hand-held cellphone is in place in 8 states (California, Connecticut, Maryland, New Jersey, New York, Oregon, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cellphone unless they are also committing some other moving violation other than speeding. Local jurisdictions may or may not need specific state statutory authority to ban cellphones. Localities that have enacted restrictions on cellphone use include: Oahu, HI; Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead, and Walton Hills, OH; Conshohocken, Lebanon, and West Conshohocken, PA; Waupaca County, WI; and Cheyenne, WY. The use of all cellphones while driving a school bus is prohibited in 19 states and the District of Columbia. The use of all cellphones by novice drivers is restricted in 25 states and the District of Columbia. Text messaging is banned for all drivers in 26 states and the District of Columbia. In addition, novice drivers are banned from texting in 8 states (Alabama, Delaware, Indiana, Maine, Mississippi, Missouri, Texas, and West Virginia) and school bus drivers are banned from text messaging in 2 states (Oklahoma, and Texas). The table below shows the states that have cellphone laws, whether they specifically ban text messaging, and whether they are enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle before citing a driver for using a cellphone. Laws without this restriction are called primary.
A Virginia Tech Transportation Institute study found that when drivers text, their collision risk is 23 times greater than when not texting. The real dangers of texting and driving are slowly becoming understood by the general public and juries confronted with these cases are reacting accordingly. Our firm was involved in a record verdict associated with a texting and driving accident. If someone you know was injured or killed as the result of a texting while driving incident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.
UPS Bus Accident in Laredo Injures Many by Texas Bus Accident Lawyer Justin A. Hill
Major accidents involving large Motorcoach/Busses seem to be on the rise. Motorcoach accidents have been widely publicized in recent years. According to the Dallas Morning News, “In 2007, a bus carrying an Ohio college baseball team crashed in Atlanta and killed seven people. Last year, a crash near Sherman, Texas that killed 17 people and injured 40, galvanized the Texas congressional support for bus safety legislation.” Recently, NHTSA “released its Motorcoach Safety Action Plan which lays out concrete steps for improving motorcoach safety across the board. SaferAutomobiles.com has discussed bus accidents in depth.
A recent accident involving a UPS truck and a bus has led to serious injuries to many.
Pro8News.com reports:
A passenger bus crashes fifty miles out of Laredo, sending dozens of people to the hospital. The incident ocurred at mile marker 56 on highway I-35 about three this morning. According to reports, a passenger bus traveling south bound on I-35 was hit by a UPS tractor trailer from behind. The bus spun out of control and the UPS truck ended up in the north bound lane of the highway. A second tractor trailer that was traveling north bound on the highway collided with the back of the UPS truck. Both truck drivers were taken to the hospital. There were 25 passengers inside the bus. Three of them were airlifted and the rest were taken to area hospitals. DPS is now investigating this accident. We will have more information as it becomes available.
WOAI.com reports:
Officials are investigating a 3-vehicle accident that happened near Cotulla early Thursday. Reports say emergency crews were called to Interstate 35 near Mile Marker 56 around 4:15 a.m. for a collision involving an 18-wheeler, a UPS truck, and a passenger bus from Mexico. Sources told News 4 WOAI the driver of a passenger bus headed to Mexico pulled over to check out a possible problem. That driver then got back into the bus and was pulling into the traveling lane when it was hit from behind by a UPS truck. The impact caused the bus to spin out of control and roll onto its side. The UPS truck also spun out and ended up in the opposite lanes, where it was clipped by an oncoming 18-wheeler. An officer at the scene stated the UPS truck ended up ’split open like a beer can.’ At least 5 ambulances from Bexar County were dispatched to the accident site, and emergency crews from nearby towns also responded. One official told News 4 WOAI the most serious injuries were broken bones. KGNS in Laredo stated that 3 victims were airlifted to hospitals. The extent of their injuries and conditions were not known. An ambulance company reported transporting a total of 4 patients. Three of the patients were taken to Southwest General Hospital. One was taken to Willford Hall. All of the patients were stable condition. According an AirLife spokesperson, four people were taken to University Hospital by helicopter. Two were tranported by AirLife. Two others were taken by other medical air transport services. The accident happened on Interstate 35 near Cotulla.
FoxSanAntonio.com reports:
Passengers Injured in Bus Crash Near Cotulla: Three people are left seriously injured after a major accident involving two big rigs and a bus just outside of Cotulla. The wreck happened just after 3 a.m. this morning in La Salle County near Mile Marker 53 on I-35. DPS officials say a UPS tractor pulling two trailers slammed into a bus that had just turned onto southbound I-35. Officials say the bus spun out and landed on its side, while the UPS truck veered into the northbound lanes and slammed head-on into a big rig. Three people were airlifted to area hospitals, including here in San Antonio. Officials say no one has been charged, but it is an ongoing investigation.
KSAT.com reports:
According to KGNS-TV in Laredo, the critically injured were airlifted to hospitals. Other victims were transported to hospitals by ground ambulances. The bus driver of Turimex had pulled over to the side of Interstate 35 South near Mile Marker 56 near Cotulla at 3:30 a.m. when he was hit by a UPS tractor-trailer rig when he re-entered the highway, KGNS-TV reported. The bus spun out of control and the UPS rig veered into the northbound lanes where it was hit by another 18-wheeler. About 25 passengers were in the bus at the time. It wasn’t immediately known who the critically injured were.
Our firm has been honored to represent many victims of bus accidents and 18-wheeler accidents. If someone you know was injured or killed as the result of a motor coach, RV, or bus accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all potential plaintiffs are protected.
Rollover Accidents Claim Many Texans by Texas Rollover Lawyer Justin A. Hill
Rollovers accident account for a full one-third (33%) of all traffic fatalities. Approximately 10,000 people die a year in rollover fatality accidents. Technology is available to automotive manufacturers to increase vehicle safety and survivability in rollovers and increase the stability of vehicles. SaferAutomobiles.com is committed to highlighting technological and safety improvements that make vehicles safer. Real accidents emphasizing the need for quick and effective action on the part of automotive manufacturers must be noted. A few recent rollover accidents help illustrate the need for action.
KXXV.com reports:
One teenager is dead after a rollover accident at 1:30p.m. on a rural McLennan County Road. State troopers told the Texas Report the 16-year-old and two other people were sitting in the bed of a pick-up truck when it rolled over on Elk Road, near Double E Ranch Road. One of the two other passengers was airlifted to Hillcrest Baptist Memorial Center in Waco. The other was taken by ambulance to an area hospital. The driver was not injured. All four people are from Calvert.
MyWestTexas.com reports:
A 7-year-old Kermit boy is dead after being ejected from a vehicle Friday morning when his mother’s minivan rolled near Stanton. Christian Rodriguez was riding with his mom and two siblings in a 2005 Kia Sedona traveling east on Interstate 20 around 8:35 a.m., according to Department of Public Safety staff. The driver, 31-year-old Hazel Marie Rodriguez, lost control of her vehicle when she overcorrected to the right side of the road, according to DPS. Rodriguez then ran off the road onto the Interstate 20 south Frontage Road about one mile east of Stanton, which caused the vehicle to roll several times, DPS staff said. Christian was the only person in the vehicle not wearing a seat belt. He was pronounced dead at the scene at 9:15 a.m., according to DPS. Hazel Marie Rodriguez and her other children, a 1-year-old and 5-year-old, were transported to Odessa Medical Center, where they were treated Friday and released, DPS staff said. The Texas Department of Public Transportation shut down the outside eastbound lane of Interstate 20 while DPS troopers investigated the incident and didn’t reopen the lane until around 12:30 p.m., said Glen Larum, public information officer for TxDOT in the Odessa district. DPS reports Friday didn’t show Rodriguez as being ticketed for the incident, staff said. According to DPS’ website, children are required to be strapped in a “belt-positioning” booster seat through age 8 unless they are 4 feet 9 inches tall.
KWTX.com reports:
One man was taken by ambulance to a local hospital Monday afternoon from the scene of a one-vehicle crash on U.S. Highway 190. Killeen police said the driver of a black Dodge Ram pickup truck was westbound on U.S. 190 when the truck left the highway and overturned. The westbound side of the highway was restricted to one lane while rescuers assisted the injured driver and cleared the roadway. Information about the victim’s condition wasn’t available Monday afternoon.
This Blog has discussed rollover issues many times including here, here, and here. Rollover prevention and creating stronger roofs continues to be a goal of automobile safety advocates and should be a high priority for vehicle manufacturers. Citing the report above, “Nearly 10,000 people a year are killed in rollovers. When vehicles roll, their roofs hit the ground, deform, and crush. Stronger roofs crush less, reducing the risk of injury from contact with the roof itself. Roofs that don’t collapse help keep people inside vehicles when they roll. Rollovers are much more common for SUVs and pickup trucks than for cars. In 2008 almost half (47 percent) of all pickup occupants killed in crashes were in trucks that rolled over. This compares with 58 percent of deaths in SUVs and 25 percent in cars.”
If someone you know was injured or killed as the result of a rollover accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, the rollover scene is surveyed and preserved, statements are taken, and the rights of all are protected.
Motorcycle Helmet Maker Forced to Close by Texas Motorcycle Accident Lawyer Justin A. Hill
When it comes to automotive defects, people generally think of rollovers, weak roofs, defective airbags and tires that peel apart and cause serious accidents. Some defects are less common and less understood. For example, motorcycle helmets are supposed to be designed and manufactured to protect motorcycle riders in foreseeable accidents. However, some helmets are defectively designed and manufactured and can crack, break, or fail in ways that cause or enhance injuries in foreseeable motorcycle accidents. One helmet manufacturer has been forced to shutter their doors in light of their defective helmets. According to the Wheels Blog:
On its Web site, the motorcycle helmet manufacturer Advanced Carbon Composites warns buyers not to trust helmets made in China or India and instead to buy its American-made models. But the company’s helmets have been recalled so many times by the National Highway Traffic Safety Administration, that the agency has demanded that the company never make another motorcycle helmet. The agency’s demand stems from what the it says is the company’s failure to properly carry out three safety recalls since 2005. The recalls involve about 17,000 helmets that failed to meet safety standards, including puncture resistance. That resulted in the agency’s accusing the company of violating “various provisions” of the National Traffic and Motor Vehicle Safety Act. The problem was worked out with a consent order signed at the end of March by the company’s president, Kim L. Davis, that did not deny the violations. Mr. Davis also agreed to the agency’s demand that Advanced Carbon Composites stop designing, selling or manufacturing motorcycle helmets. In addition, motorcycle helmets can not be designed, sold or manufactured by any company of which Mr. Davis owns 3 percent or more. Mr. Davis, whose company is based in Orlando, Fla., did not respond to several requests for comment. According to the consent order, here’s what happened. In 2005, the company notified the agency that during testing, it found that its EXT 001 helmet did not provide enough protection to meet safety standards. As part of its recall effort, the company changed the interior of the helmet, which it designated as a new model, calling it the EXT 002. Then, rather than replace the defective EXT 001 helmets it had already sold, Advance Carbon Composites modified them, a move approved at the time by the safety agency. But the modified and recalled helmets still did not meet safety standards. Neither did the EXT 002. So in 2007 the company agreed to also recall the EXT 002. The company then modified the construction again, called that helmet the EXT 003 and retrofitted the recalled EXT 002 helmets. Those helmets still didn’t meet the safety standard. The company agreed to another recall in 2009, this time of the EXT 003. Once again it modified the design of the helmet, but that didn’t work, either. About five years after the first recall, N.H.T.S.A. undertook a civil enforcement action against the company, leading to the consent order. Under that order, the company has agreed to refund the purchase price of those helmets, and N.H.T.S.A. says “under no circumstances” is the company to try repairs. The company will also pay fines totaling $10,000. If the company does not comply, the case will go to federal district court, according to the consent order. Meanwhile, about two weeks after the consent order was completed, Advanced Carbon Composites notified N.H.T.S.A. that its model EXT 004 didn’t meet federal safety standards, either. The company says the owners of those 645 helmets will get a refund, not a repair.
Link to Americanos Bus Investigation Video
Americanos Bus Accident Investigation by Texas Bus Accident Lawyer Justin A. Hill
Details continue to emerge regarding the Americanos bus accident in Atascosa County, Texas last month that killed 2 and injured 40. A recent report by WOAI details some alarming data uncovered in the wake of this accident. According to WOAI.com:
The News 4 WOAI Trouble Shooters have uncovered new details on the company that operates the bus that crashed in Atascosa County last month, killing two people. 40 people were injured when the Americanos bus crashed. Investigators suspect a broken drive shaft caused it. The News 4 WOAI Trouble Shooters got a hold of DPS inspection records for the bus company. They show Americanos has been cited for 5,821 safety and mechanical violations during the inspection of 211 buses. They also reveal drivers have been given more than 300 traffic citations since 2007. News 4 WOAI Trouble Shooter Brian Collister spoke with Justin Hill, a lawyer who represents the family of 62-year-old Christina Lozano-Campos. Campos was one of the two people killed in the Atascosa bus crash. We showed Hill the records the News 4 WOAI Trouble Shooters uncovered. “We think the reason the accident in Atascosa happened was a failure to maintain their vehicles in a safe manner or possibly negligence on the part of the driver or both,” Hill told us. “These documents do nothing but bolster that belief because they are rife with violations of failure to maintain their vehicles in a safer manner.” We looked through Americanos long list of violations and citations. It includes things like speeding, defective brakes, oil and gas leaks and bad tires. The documents reveal the actual bus involved in the crash had been cited for ten safety violations in the past few months. The violations range from oil leaks to an air leak in one of the axles. DPS records also show Americanos buses involved in 18 crashes in Texas since 2007. A higher number than federal safety records revealed at the time of the accident last month.
More can be found about this accident here. Major accidents involving large Motorcoach/Buses seem to be on the rise. Motorcoach accidents have been widely publicized in recent years. According to the Dallas Morning News, “In 2007, a bus carrying an Ohio college baseball team crashed in Atlanta and killed seven people. Last year, a crash near Sherman, Texas that killed 17 people and injured 40, galvanized the Texas congressional support for bus safety legislation.” Recently, NHTSA “released its Motorcoach Safety Action Plan which lays out concrete steps for improving motorcoach safety across the board. The action plan addresses major safety issues such as driver fatigue and inattention, vehicle rollover, occupant ejections and oversight of unsafe carriers.”
If someone you know was injured or killed as the result of a motor coach, RV, or bus accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all potential plaintiffs are protected.
States Continue to Ban Cell Phone Usage by Drivers by Texting While Driving Accident Lawyer Justin A. Hill
Governing bodies continue to enact laws limiting or banning the use of cell phones, smart phones, and other electronic devices by drivers. The IIHS reports:
A jurisdiction-wide ban on driving while talking on a hand-held cellphone is in place in 7 states (California, Connecticut, New Jersey, New York, Oregon, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cellphone unless they are also committing some other moving violation other than speeding. Local jurisdictions may or may not need specific state statutory authority to ban cellphones. Localities that have enacted restrictions on cellphone use include: Oahu, HI; Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead, and Walton Hills, OH; Conshohocken, Lebanon, and West Conshohocken, PA; Waupaca County, WI; and Cheyenne, WY. The use of all cellphones while driving a school bus is prohibited in 17 states and the District of Columbia. The use of all cellphones by novice drivers is restricted in 23 states and the District of Columbia. Text messaging is banned for all drivers in 21 states and the District of Columbia. In addition, novice drivers are banned from texting in 9 states (Delaware, Indiana, Kansas, Maine, Mississippi, Missouri, Nebraska, Texas, and West Virginia) and school bus drivers are banned from text messaging in 1 state (Texas). The table below shows the states that have cellphone laws, whether they specifically ban text messaging, and whether they are enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle before citing a driver for using a cellphone. Laws without this restriction are called primary.
Considering the alarming statistics associated with the dangers of texting and driving, more bans on texting and driving are likely to be passed. A Virginia Tech Transportation Institute study found that when drivers text, their collision risk is 23 times greater than when not texting. The real dangers of texting and driving are slowly becoming understood by the general public. Our firm was involved in a record verdict associated with a texting and driving accident. If someone you know was injured or killed as the result of a texting while driving incident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.
Toyota Litigation Tactics Questioned by Texas Sudden Acceleration Lawyer Justin A. Hill
Over the past several months, Toyota has been sued by former employees regarding allegations that Toyota withheld key documents in product liability lawsuits even when ordered to produce them by judges, investigated for failing to properly disclose and correct sudden acceleration issues and taken a large hit in market share due to these problems and others. Now, the AP is reporting that their questionable litigation tactics are finally coming to light. The AP reports:
Toyota has routinely engaged in questionable, evasive and deceptive legal tactics when sued, frequently claiming it does not have information it is required to turn over and sometimes even ignoring court orders to produce key documents, an Associated Press investigation shows. In a review of lawsuits filed around the country involving a wide range of complaints — not just the sudden acceleration problems that have led to millions of Toyotas being recalled — the automaker has hidden the existence of tests that would be harmful to its legal position and claimed key material was difficult to get at its headquarters in Japan. It has withheld potentially damaging documents and refused to release data stored electronically in its vehicles. For example, in a Colorado product liability lawsuit filed by a man whose young daughter was killed in a 4Runner rollover crash, Toyota withheld documents about internal roof strength tests despite a federal judge’s order that such information be produced, according to court records. The attorneys for Jon Kurylowicz now say such documents might have changed the outcome of the case, which ended in a 2005 jury verdict for Toyota. “Mr. Kurylowicz went to trial without having been given all the relevant evidence and all the evidence the court ordered Toyota to produce,” attorney Stuart Ollanik wrote in a new federal lawsuit accusing Toyota of fraud in the earlier case. “The Kurylowicz trial was not a fair trial.” In another case involving a Texas woman killed when her Toyota Land Cruiser lurched backward and pinned her against a garage wall, the Japanese automaker told lawyers for the woman’s family it was unaware of any similar cases. Yet less than a year earlier, Toyota had settled a nearly identical lawsuit in the same state involving a Baptist minister who was severely injured after he said his Land Cruiser abruptly rolled backward over him. Under court discovery rules, Toyota had an obligation to inform the woman’s attorneys about the case when formally asked. “Automobile manufacturers, in my practice, have been the toughest to deal with when it comes to sharing information, but Toyota has no peer,” said attorney Ernest Cannon, who represented the family of 35-year-old Lisa Evans, who died in 2002 in the Houston suburb of Sugar Land. The AP reviewed numerous cases around the country in which Toyota’s actions were evasive, and sometimes even deceptive, in providing answers to questions posed by plaintiffs. Court rules generally allow a person or company who is sued to object to turning over requested information; it’s permitted and even expected that defense attorneys play hardball, but it’s a violation to claim evidence does not exist when it does. Similar claims have been lodged by Dimitrios Biller, a former Toyota attorney who sued the company in August, contending it withheld evidence in considerably older rollover cases. Rep. Edolphus Towns, D-N.Y., chairman of the House Oversight and Government Reform Committee, which has subpoenaed some of Biller’s still-undisclosed records, says they show possible violations of discovery orders. Toyota disputes Towns’ statement and the accusations of deception. In a statement to the AP, Toyota said it plays by the rules when it comes to defending itself. “Toyota takes its legal obligations seriously and strives to maintain the highest professional and ethical standards, in connection with litigation and otherwise,” the company said. “We are confident we have acted appropriately with respect to product liability litigation.” How Toyota handled past lawsuits could indicate how it will deal with more than 130 potential class-action lawsuits filed by owners who claim the recent recalls have triggered a sharp loss in their vehicles’ value. Separately, Toyota faces nearly 100 federal wrongful death and injury lawsuits by victims who blame their crashes on sudden acceleration. A panel of federal judges decided last week to consolidate the sudden acceleration-related cases before U.S. District Judge James V. Selna in Orange County, Calif., near Los Angeles. Selna will handle key pretrial matters in all the cases, including decisions on what material and documents Toyota will be required to produce as evidence. The dozens of lawsuits reviewed by the AP, spanning the past decade, dealt with allegations of vehicle rollovers, faulty air bag deployments, defective transmissions, bad brakes and crashes blamed on sudden acceleration — the issue at the heart of the company’s current recall of some 8 million vehicles worldwide. The National Highway Traffic Safety Administration has linked 52 deaths to accelerator-related crashes. Additional related lawsuits examined in the AP review found: Toyota hid the existence of its roof strength tests in numerous cases. A new potential class-action lawsuit filed in California on behalf of two women left paralyzed by separate Toyota rollover crashes contends that recently uncovered company documents contradict sworn testimony by Toyota officials that the company had no written standard for how far vehicle roofs could be crushed. The long-hidden documents indicate Toyota did have such a standard: roofs could come no closer than a half-millimeter from test dummies’ heads in a rollover crash. “This type of conduct by the Toyota defendants is illegal, immoral and unprofessional,” said attorney E. Todd Tracy in a similar recent lawsuit accusing Toyota of fraud in older cases. “The Toyota defendants’ cloak and dagger games must be terminated.” Toyota claimed in court documents that a 2000 Camry had “no component” to record its speed at the time of a crash. A Texas woman suing the automaker asserted she was injured when the air bag failed to deploy. The case went to trial last September and ended with a jury ruling in Toyota’s favor. The attorney, Stephen Van Gaasbeck of San Antonio, later found documents showing the Camry did record such information and that Toyota had the ability to download it from vehicles as early as 1997, circumstances that now cause him to question the company’s honesty. “If we had the data, and the data said the speed was above what their air bag would have deployed at, then yes, it would have been a different case,” said Van Gaasbeck. He added that an appeal based on the new information is unlikely because Texas appellate courts would likely favor Toyota based on previous rulings. The attorney for 76-year-old retiree Robert Elmes — hospitalized for five weeks after a 2006 crash in Pennsylvania in which he says his 2002 Camry surged forward unexpectedly — has sought repeatedly and unsuccessfully in federal court to obtain. Toyota documents concerning the car’s electronic throttle control. Questions surrounding that device are at the center of the government’s investigation into sudden acceleration. Toyota has denied the electronic throttle control is to blame for the crashes. Elmes, of Canonsburg, Pa., said it’s clear Toyota is “dragging it out as long as possible” to avoid making any disclosures in court involving the electronic throttle control. Elmes filed his lawsuit in 2008, well before Toyota’s recalls began. “Before the accident, I thought that was the nicest car I ever owned. Now I think Toyota’s interest is only in the bottom line, period, and they don’t care about safety,” Elmes said in a telephone interview. “I wouldn’t take another Toyota if they gave it to me.” Toyota has filed court papers asking that most of these new lawsuits accusing the company of fraud years ago be included in the broader consolidation of sudden acceleration cases. Attorneys who regularly defend corporate clients say it’s common for plaintiffs’ lawyers to complain they are not receiving the information they need and that Toyota’s tactics do not necessarily indicate nefarious intent. “It’s always a battle in these big cases between plaintiffs and corporations as to what documents they have and whether or not they produce everything they should have,” said Matthew Cairns, president-elect of the 22,500-member DRI-Voice of the Defense Bar group of civil defense attorneys. “Plaintiffs always try to get more, hoping to find something. It’s for the court to ultimately resolve who is right.” Still, some attorneys who have fought Toyota in the past say the company’s evasiveness exceeds the normal legal back-and-forth and that Toyota may have benefited from being based in another country. “They’ve used the Pacific Ocean as a great defense to producing documents,” said Graham Esdale, a lawyer in Montgomery, Ala., who has sued Toyota. “If Ford or General Motors tells you something and you don’t believe that it’s right, you can get a court order to go get access to the documents instead of relying on them. We can just go there and start poring through documents. We don’t have that with the Japanese manufacturers.”
If someone you know was injured or killed as the result of a defective Toyota vehicle encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all are protected.
Dump Truck Accident Claims Life by San Antonio, Texas Trucking Accident Lawyer Justin A. Hill
The same way 18-wheelers pose a unique risk to motorists on the roadways, dump trucks, box trucks, cement trucks and other large commercial vehicle are also dangerous. These large vehicles, especially at full load, require much more time and distance to come to a complete stop. Additionally, the risk of decreased field of view, larger blind spots, shifting loads and their weight increase the likelihood of catastrophic accidents. A recent accident in Bulverde, Texas between a regular truck and a dump truck has led to the death of a San Antonio woman. MySA.com reports:
Authorities have identified a San Antonio woman who died in a multiple-vehicle crash Friday afternoon in Comal County. Rona Danielle Fields, 45, was pronounced dead at the scene after the Chevrolet pickup she occupied was rear-ended about 3 p.m. in the 21900 block of Texas 46 in Bulverde. Authorities said a white dump truck slammed into the back of the truck as it attempted to make a left turn off the highway. The pickup was pushed into eastbound traffic and collided head-on with a Ford F-350. A Nissan Titan, which was eastbound, then hit the Ford and Chevrolet. Fields and the driver, Edgar A. Boeck, of Spring Branch, were ejected from the Chevrolet pickup, officials said. Boeck, 61, and the driver of the Ford, Brannon J. Caseres, 19, were airlifted to University Hospital, officials said. Boeck remained hospitalized in serious but stable condition. Caseres, of Spring Branch, was treated and released Saturday morning, officials said. No other injuries were reported.
April 7, 2010 update from Hill Country Times:
A horrific wreck involving four vehicles kills a San Antonio woman and critically injures one shortly after 3:00PM on Good Friday, April 2, on Texas 46 West in Bulverde. As a black 1997 Chevy 1500 pickup, driven by long-time resident Edgar Boeck , 61,was waiting for oncoming traffic to pass so he could turn left into his driveway in the 21900 block of Texas 46, a white dump truck driven by Brian Robinson of New Braunfels, slammed into the back of Boeck sending his Chevy pickup into the path of oncoming eastbound traffic. Boeck’s truck was shot into the path of eastbound traffic where it has been reported that he collided head-on with a gold colored Ford F-350 driven by 19-year old Brandon Caseres of Spring Branch. A fourth vehicle, a white Nissan pickup driven by Corey Stevens of New Braunfels, also traveling eastbound behind the Ford, then collided with both the Chevy and Ford trucks. During the horrendous impacts from the multiple collisions that left the truck nearly unrecognizable, both Boeck and his 45-year old girlfriend, Rona Danielle Gibson-Fields, were ejected from the vehicle. Fields, a mother of four, died at the scene. Boeck was transported in critical condition by AirLife to University Hospital in San Antonio, where he was not expected to survive. Caseres was also airlifted to University Hospital and released on April 3 with a knee injury. Boeck sustained head trauma, two broken legs among other injuries and he has undergone numerous surgeries. As of April 5, his condition had been upgraded to serious but stable. He will undergo another surgery on his legs this week. Visiting friends and family say he is responsive and recognizes their voices. According to law enforcement, the Nissan also contained a 4-year old passenger secured in a carseat, with no injuries reported. Reports indicate, Robinson failed to see Boeck’s stopped vehicle before colliding with it. The stretch of Texas 46 where the accident occurred is a straight-a-way in between a curve to the east and a long incline to the west with a posted speed limit of 55 mph. As to the dump truck driven by 43-year old Robinson, after rear-ending Boeck it continued traveling some distance, about 1/10th of a mile further west, going up a slight embankment, through a fence on Boeck’s property and came to rest near the top of the hill. Robinson was reported as shaken up but uninjured. The dump truck is owned by Stone & Soil Depot and Company out of Boerne, who has a retail yard on southbound US 281, just north of the Texas 46 intersection. Multiple agencies, including Bulverde Police, Comal County Sheriff’s Office, Bulverde Area Volunteer Fire Department and Bulverde/Spring Branch EMS responded to the scene within minutes. The mutual aid between all these agencies is so important in these situations, said Bulverde Police Chief Joe Hamilton. He also noted that additional aid came from a gentleman with Guadalupe State Park Services, who help with the roadblock immediately following the accident. The highway remained closed for approximately 3-hours. As of April 5, no charges had been filed. The accident remains under investigation said Hamilton. “Usually we have one or two fatalities on Texas 46 in a year, he said. “But this is the third one this year and it’s only April.” “This was a bad wreck,” said Hamilton. With a number of years with the state highway patrol under his belt, he said “This one ranks up there with some of the worst accidents seen,” and the word ‘horrific’ accurately describes the accident. Bulverde Fire Chief Charlie Ivy agreed saying, “It’s the worst I’ve seen.” He also noted that this is the fourth fatal accident on Texas 46 since October 2009. “It was a mess,” he said. “I can’t believe there were not more deaths” from this. With the two occupants being thrown about 30-feet or more, he was happily astounded to learn that Boeck’s condition had been upgraded. “He (Boeck) must be one tough guy.” As the identities of those involved in the accident were confirmed, news of wreck and the death spread throughout the community. Indeed, the mood was somber at Texas 46 Bar & Grill where the couple and friends gathered every Friday night for country-western dancing and dinner. As friends came in, they could be seen shaking their heads in disbelief as they heard the shocking news. Although the dancing went on with a bit of a heavier step, the sorrow over the loss of Rona Fields and the concerned thoughts for the family and Boeck could be felt in the venue throughout the evening. Over the weekend, a memorial with a heart-shaped balloon, planted flowers along with a message board and felt-tip pen for Fields was placed on the fence of Boeck’s driveway. On the cork message board were the loving farewells from friends, relatives and her sons. “She was so full of life and so happy. It’s terrible she had to go, but at least she went with the one she loved,” said Field’s mother, Janice Gibson. According to Gibson, Fields will be cremated but her family has decided to hold off on having memorial services until the man she loved can be by her side one last time.
If someone you know was injured or killed as the result of a dump truck, garbage truck, cement truck or other large commercial vehicle, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved.
DOT Cracks Down on Frequent Offenders by Texas 18-Wheeler and Trucking Accident Lawyer Justin A. Hill
The same way drunk drivers are oftentimes required to have an ignitition-interlock device installed in their vehicle, the DOT is cracking down on trucking and bus companies that repeatedly violate governement regulations by requiring the installation of electronic on-board recorders. According to the Federal Moter Carrier Safety Administration:
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration today issued a new rule that will require interstate commercial truck and bus companies with serious patterns of hours-of-service (HOS) violations to install electronic on-board recorders (EOBRs) in all their vehicles. Nearly 5,700 interstate carriers will use EOBRs after the final rule’s first year of implementation. “We are committed to cracking down on carriers and drivers who put people on our roads and highways at risk,” said Secretary Ray LaHood. “This rule gives us another tool to enforce hours-of-service restrictions on drivers who attempt to get around the rules.” “Safety is our highest priority,” said FMCSA Administrator Anne S. Ferro. “In addition to requiring EOBRs for carriers that have already demonstrated a pattern of hours-of-service violations, we will initiate a rulemaking later this year that considers an EOBR mandate for a broader population of commercial motor carriers.” Electronic on-board recorders are devices attached to commercial vehicles that automatically record the number of hours drivers spend operating the vehicle. Driving hours are regulated by federal HOS rules, which are designed to prevent commercial vehicle-related crashes and fatalities by prescribing on-duty and rest periods for drivers. Under the EOBR final rule, carriers found with 10 percent or more HOS violations during a compliance review will be required to install EOBRs in all their vehicles for a minimum of two years. The rule also provides new technical performance standards for EOBRs installed in commercial motor vehicles, including requirements for recording the date, time and location of a driver’s duty status. Additionally, carriers that voluntarily adopt EOBRs will receive relief from some of FMCSA’s requirements to retain HOS supporting documents, such as toll receipts used to check the accuracy of driver logbooks. The rule will go into effect on June 1, 2012, to ensure EOBR manufacturers have sufficient time to meet the rule’s performance standards and to manufacture products to meet industry demand.
NHTSA reports that fatigue/drowsiness/and drivers falling asleep cause approximately 100,000 accidents a year. If someone you know was injured or killed as the result of an 18-wheeler accident, big rig accident or tractor-trailer accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.
Rollover Accident Claims Life of Belted 19-Year Old by Texas Rollover Accident Lawyer Justin A. Hill
Rollovers accident account for a full one-third (33%) of all traffic fatalities. Approximately 10,000 people die a year in rollover fatality accidents. Vehicles should be designed and manufactured to protect occupants in foreseeable rollover accidents. A recent accident in central Texas has claimed the life of a belted 19-year old. According to KWTX.com:
Texas Department of Public Safety officials say a tragic mid-afternoon rollover collision Thursday left one Central Texas woman dead. Waco DPS dispatcher Scarborough told News 10 the accident happened at 4:30 p.m. Thursday on FM 2954 in rural Robertson County. A 2005 Ford pickup truck was traveling northbound along FM 2954 when it drifted partially into the eastern roadside ditch, Scarborough said. The driver overcorrected, causing the vehicle to roll several times before it came to a rest on its roof in the western roadside ditch, the dispatcher said The driver, Jessica Dawn Corrigan, 19, of Marquez, was pronounced dead on the scene at 5:53 pm Thursday by Robertson County Justice of the Peace Keith Foltermann. She was wearing a seatbelt at the time of the accident. Corrigan’s body was taken to Hartfield-Ritter funeral home in Hearne.
Rollover prevention and creating stronger roofs continues to be a goal of automobile safety advocates and should be a high priority for vehicle manufacturers. Citing the report above, “Nearly 10,000 people a year are killed in rollovers. When vehicles roll, their roofs hit the ground, deform, and crush. Stronger roofs crush less, reducing the risk of injury from contact with the roof itself. Roofs that don’t collapse help keep people inside vehicles when they roll. Rollovers are much more common for SUVs and pickup trucks than for cars. In 2008 almost half (47 percent) of all pickup occupants killed in crashes were in trucks that rolled over. This compares with 58 percent of deaths in SUVs and 25 percent in cars.”
If someone you know was injured or killed as the result of a rollover accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, the rollover scene is surveyed and preserved, statements are taken, and the rights of all are protected.
Texas Bus Accident Lawsuit Filed by Texas Bus Accident Lawyer Justin A. Hill
I am honored to announce that our firm has been retained to represent the family of one of the victims of the Americanos bus crash in Atascosa County, Texas. As reported by the Dallas Morning News:
The family of Christina Lozano Campos – the Lewisville woman killed last week in a bus crash – has filed a wrongful death lawsuit against the bus companies and the bus driver. Campos was one of two people killed in the March 16 crash that investigators believe was caused by a broken drive shaft. Witnesses said the Mexico-bound bus veered wildly before flipping over along Interstate 37, about 45 miles from San Antonio. Campos, 62, had lived in the Lewisville area about 20 years and worked as a preschool teacher, said San Antonio attorney Justin Hill, who is representing the family. The lawsuit, that is seeking unspecified damages, was filed on behalf of Campos’ husband Daniel, her mother, her three daughters, and a son. It names FirstGroup America, Greyhouse Lines, Inc., Americanos USA. and bus driver Irma Mendoza Morado as defendants. FirstGroup America is the parent company of Dallas-based Greyhound Lines. Americanos USA is operated by Greyhound. The lawsuit was filed Monday in the Cameron County District Court.
The Monitor reports:
At least one lawsuit had been filed by Tuesday on behalf of passengers of the Americanos U.S.A. tour bus that swerved out of control and flipped over on the grassy median of Interstate 37 last week near San Antonio. Two of the people on the bus were killed. The bus company and the driver, Brownsville resident Irma Mendoza Morado, are being taken to task for broken bones and a death that resulted from the incident. The family of Christina Lozano Campos, a Weslaco native who died in the crash, is suing the bus company, according to the lawsuit filed with the Cameron County District Clerk’s Office. Campos was 62 at the time of the crash and died of what her attorney called a “horrendous” injury that required a closed casket at her funeral. The woman had been on her way to visit her sick mother in Matamoros, according to The Associated Press. The lawsuit names Morado as one of the defendants, along with Firstgroup America Inc., Greyhound Lines Inc., and Americanos U.S.A. LLC. The crash sent dozens to the hospital and left two people dead: Campos and Brownsville resident Efrain Dominguez-Valenzuela. Dominguez-Valenzuela was an employee of Americanos U.S.A. It is not yet known whether his family plans to sue the company. The lawsuit on behalf of Campos claims negligence contributed to the crash, specifically the failure of the defendants to properly inspect and repair the tour bus and failure to properly train drivers to deal with emergency situations. The suit also claims Morado was negligent in her failure to “control the bus after a mechanical failure” and that she failed to maintain a single lane of traffic. Campos’ family members are named as the plaintiffs in the lawsuit. The family is seeking unspecified damages.
The cause of the accident is still officially under investigation. Read more here, here, and here. If someone you know was injured or killed as the result of the Americanos bus rollover, motor coach, RV, or bus accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all potential plaintiffs are protected.
Texting and Driving Accident Verdict in Texas by Texas Texting and Driving Accident Attorney Justin A. Hill
A rural Texas county has handed down a big time verdict in a case alleging that texting and driving caused the death of a young college student. The Eagle reports:
A Texas A&M University student has been ordered to pay $22 million in damages after a Robertson County jury found that his texting while driving caused a car accident that killed a Baylor University senior biochemistry major. Lawyers said the damages awarded to the family of Megan Small, who was 21 when she died, and Laura Gleffe, the driver of another car that was run off the road in the accident, may be the most a jury has handed out in Robertson County. Hunter Craft, a lawyer for Small’s family, said he was surprised by the verdict, but praised the jury for its decision. “This case isn’t about money,” Craft said of the Nov. 25, 2007 wreck. “This case is about sending a message to everybody and protecting people in the future, and in order for them to be able to accomplish that, we told them they were going to have to make a significant award.” The jury deliberated for about 21/2 hours after a two-day trial that ended late Wednesday. Small was killed while driving from her home in Houston back to school in Waco. She was north on Texas 6 near Calvert. Reed Vestal was heading the other direction when he crossed the center line and hit Small head-on, police reports state. Gleffe, Small’s lifelong best friend, was following behind her and was run off the road, causing her car to roll. Vestal initially denied having a phone when the wreck occurred, but phone records indicated that he had sent and received 15 text messages and made seven phone calls in the 45 minutes before the wreck, Craft said. Plaintiff’s lawyers also presented evidence that Vestal has received multiple speeding tickets since receiving his license. Vestal’s lawyer didn’t return a message seeking comment Thursday afternoon. Craft said Vestal declared bankruptcy prior to the trial, and won’t have to pay any of the damages. His auto insurance company will be responsible for some of the award. Craft said the Small family’s intention was always to send a message about the dangers of texting while driving, not to collect damages. “I think the jury understands it is a growing problem,” he said. “[Vestal] tried to say he didn’t know any better, and he didn’t know it was dangerous.” Prior to Wednesday’s verdict, Craft said the largest wrongful death jury award he was able to find in Robertson County records was $6.79 million in 2002. “The lawyer that took that verdict told me that this was the new record,” he said.
More can be found by reading NHTSA’s study regarding the safety of using wireless communication devices while driving.
Not only has the federal government and other safety organizations taken notice, but the driving public is also increasingly aware of the dangers of texting and driving, and states, cities, and municipalities across the nation are taking action to ban texting while driving. Now, the federal government has finally taken a large first step in addressing this problem. According to the Washington Post:
On [January 26, 2010], the federal government formally barred truckers and bus drivers from sending text messages while behind the wheel, putting its imprimatur on a prohibition embraced by many large trucking and transportation companies. “We want the drivers of big rigs and buses and those who share the roads with them to be safe,” said U.S. Transportation Secretary Ray LaHood. “This is an important safety step, and we will be taking more to eliminate the threat of distracted driving” LaHood has made the effort to curtail driver distractions a centerpiece of his tenure as the nation’s top transportation official. Some saw his announcement as a step that might ultimately fuel a push to ban cellphone use by all drivers. LaHood’s announcement followed a study released in July by Virginia Tech’s Transportation Institute that found that when truckers text, they are 23 times more likely to be involved in a crash or close call. Also [on January 26, 2010] , a group of senators unveiled legislation that seeks to bar all texting while driving
This is a large positive step forward in automotive safety. SaferAutomobiles has covered this topic before here and here. If someone you know was injured or killed as the result of a texting and driving accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.
The Associated Press is reporting that the likely cause of the bus accident in Campbellton, Texas that killed two was a broken driveshaft. According to the AP:
A broken drive shaft likely caused a Mexico-bound bus to veer wildly on a Texas highway before flipping over, killing two passengers and injuring 40 others on board, investigators said Wednesday. The drive shaft, which transfers power from the engine to the wheels, apparently fell off before the Americanos USA bus carrying 42 people careened from the right lane toward the median and spun wildly, Department of Public Safety spokeswoman Tela Mange said. She said the findings were preliminary, and that the investigation was ongoing. The crash occurred along Interstate 37 about 45 miles from San Antonio, from where the bus had departed. It was carrying spring breakers and other travelers to the Mexican border city of Matamoros, with planned stops in Falfurrias and McAllen, Texas. Two passengers were killed — Christina Lozano Campos, 62, of Lewisville and Efrain Dominguez-Valenzuela, 27, of Brownsville — and at least two others remained hospitalized in critical condition Wednesday. The other 38 people on board were either hospitalized in stable condition or had been treated and released. Campos was traveling to Mexico to see her mother, her neighbor, 72-year-old Melvin Goforth, said Wednesday. He said she worked in a school, and described her as “a real sweet woman, a real wonderful person.” Goforth said Campos’ husband was distraught. The driver, 47-year-old Irma Morado, was not cited. The 15-year-old bus underwent its regularly scheduled maintenance the day before the crash, said Bonnie Bastian, a spokeswoman for FirstGroup America, the parent company of Dallas-based Greyhound Lines Inc. Americanos USA is operated by Greyhound. She said Wednesday that she was not aware of the crash investigation findings, but the regular inspection covered the engine, tires, brakes and wheels. Bus drive shafts rarely break and completely fall off, said Joe Pemberton, whose Glendale, Ariz.-based company, Motorcoach Training & Development Inc., trains and certifies bus mechanics. Newer buses are equipped with a safety strap designed to catch a broken shaft so that it doesn’t completely destabilize the bus. But such devices can fail, and if one does, the shaft can snag on the pavement and turn the bus over, Pemberton said. “It would act like a pole vaulter,” Pemberton said. Most bus companies inspect the drive shaft about every 10,000 miles as part of maintenance, Pemberton said. Morado and several passengers described hearing a loud noise before the bus lost control. After it flipped, those who could climbed to safety through shattered windows and an emergency exit. “I think we did a 180. We flipped and I was out the window,” said Daryl Champagne, a 17-year-old San Antonio high school senior who was on his way to South Padre Island with two classmates on spring break. He crawled free and helped another man pull people through the emergency exit. Someone inside handed him an infant. Many passengers were bloody or appeared to have broken bones, he said. Karlo Castilleja, 18, said he was pinned in the bus with three people on top of him and his face in the dirt. “I was scared when I was pinned down. I couldn’t breathe,” said Castilleja, who worked himself free when the other passengers got their bearings and could move. The National Transportation Safety Board is not planning to investigate because its initial assessment turned up no new potential safety issues involving the company or crash, agency spokesman Keith Holloway said. The NTSB has long advocated that motor coaches include seat belts and other occupational safety devices, but the recommendations have yet to be turned into law, in part because of strong lobbying by bus companies. Americanos USA has a good federal safety record. Before Tuesday, the company’s vehicles were involved in 10 accidents in three states in the last 30 months, according to Federal Motor Carrier Safety Administration records. Tuesday’s crash was the company’s fifth involving injuries and second involving fatalities. One person died in a January 2009 crash in San Diego involving one of its vehicles. The company’s driver was not cited. With 137 motor coaches in service, Americanos has been involved in one accident for every 13 buses. By comparison, Greyhound has been involved in one accident for every eight buses. In the last two years, inspectors placed Americanos USA vehicles out of service following 11.2 percent of their inspections, about half the national average of 22.3 percent. Inspectors placed the company’s drivers out of service after only 1.8 percent of inspections, a far lower rate than the national average of 6.6 percent. For 18-year-old passenger Jacob Medina, the bus trip from San Antonio to McAllen had been routine because his father lives in McAllen, but as he left the hospital, he felt lucky to have suffered only minor injuries and uneasy about getting on the road again. “I’m afraid to get in the car, honestly,” said Medina.
Major accidents involving large Motorcoach/Busses seem to be on the rise. Motorcoach accidents have been widely publicized in recent years. If someone you know was injured or killed as the result of a motor coach, RV, or bus accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all potential plaintiffs are protected.
Deadly Bus Accidents Not Uncommon by Texas Automobile Accident Lawyer Justin A. Hill
In the wake of the Campbellton, Texas Americanos bus rollover that killed two, the San Antonio Express news reported an interesting list of recent bus accidents that have caused serious and fatal injuries. This information is important in gauging the overall safety and oversight of the motor coach industry in the United States. According to the San Antonio Express:
March 2009: A head-on collision in northern Mexico between a tour bus and an 18-wheeler driven by a drunken driver kills 11 people, mostly U.S. citizens. Some victims were ejected from the bus by the force of the crash. The tour was from the Rio Grande Valley to Zacatecas.
August 2008: A bus carrying 55 Vietnamese Catholics from Houston to a religious festival in Missouri blows a tire in Sherman, skids off a highway bridge and lands beside a creek, killing 17 passengers. The blown tire was a retread on a front axel, violating federal regulations.
March 2008: Tejano music star Emilio Navaira, driving his own tour bus, loses control and crashes into traffic barrels near an intersection in Houston. The bus flips on its side, injuring eight people, including Navaira, who suffers a brain injury from being thrown through the windshield. His blood-alcohol level was twice the legal limit and he did not have the proper driver’s license.
January 2008: The driver of a bus returning to Houston from Monterrey veers off the road near Victoria and overcorrects. The Mexican-made bus flips on its side and hits a guardrail, killing the driver and injuring dozens of passengers. The bus didn’t meet federal safety standards and could not be directly registered in Texas, but the owner used loopholes in California’s registration laws to eventually gain Texas registration.
January 2007: An El-Paso-to-Ciudad-Juárez shuttle bus, having just left the terminal, crashes into a two-story apartment building in El Paso. No one in the building was injured, but 13 on the bus were taken to hospitals. The bus driver was cited for failure to control speed.
Major accidents involving large Motorcoach/Busses seem to be on the rise. Motorcoach accidents have been widely publicized in recent years. According to the Dallas Morning News, “In 2007, a bus carrying an Ohio college baseball team crashed in Atlanta and killed seven people. Last year, a crash near Sherman, Texas that killed 17 people and injured 40, galvanized the Texas congressional support for bus safety legislation.” Recently, NHTSA “released its Motorcoach Safety Action Plan which lays out concrete steps for improving motorcoach safety across the board. The action plan addresses major safety issues such as driver fatigue and inattention, vehicle rollover, occupant ejections and oversight of unsafe carriers.”
If someone you know was injured or killed as the result of a motor coach, RV, or bus accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all potential plaintiffs are protected.
