San Antonio Rollover Accident Involving Police Officer by Texas Rollover Lawyer Justin A. Hill
A rollover accident in San Antonio, Texas that claimed the life of one local resident, Rosita Davila, has family members questioning the police report. According to WOAI.com:
A San Antonio family is grieving tonight. Their mother was killed in a rollover accident early Sunday morning. It was an accident that also involved a San Antonio police sergeant who was driving home from work. The police report says both drivers are to blame for the fatal accident. Sergeant Gabe Trevino failed to yield the right of way. But investigators also say Rosita Davila failed to use evasive action. That means she didn’t do enough to prevent the accident. Her family says that just doesn’t seem right. The news of Rosita Davila’s death is just starting to set in with her family. Her daughter, Sylvia Paez, tried to hold back tears as she spoke about her mother’s life. “She was a sweet, hard working lady,” Paez told News 4 WOAI. Rosita Davila worked as a house keeper for nearly 30 years. Sylvia said her mother had just started to enjoy her retirement. “She was just out for a night of dinner and movies and was on her way home,” Paez explained. “Then this terrible, terrible accident happened.” The police report shows Rosita Davila was already on Loop 1604, heading west. Sergeant Trevino was in his unmarked patrol car trying to merge onto the highway. At one point, the report shows, both vehicles were in the same lane. The sergeant claims Davila hit him. But a passenger inside her Jeep told investigators she clearly remembered the police car hitting her side of the Jeep, causing them to lose control. Sylvia Paez told us she’s sure her mother wasn’t at fault, “My mom was the most careful driver. You could check her driving record. No tickets, no accidents.” Rosita Davila’s family says police haven’t released a lot of details to them about last night’s accident. But the one thing they do know is who was driving this police unit that hit their mother’s car. “Mr. Trevino, you owe our family a big apology,” Sylvia Paez said. “Because only God knows that it was not my mother’s time. It was not her time to go. She still had a lot of life. And you owe us that much.” Sergeant Gabe Trevino is a 21-year veteran with San Antonio police. At the time of the accident he was driving an unmarked police unit and was in uniform. Right now he’s administrative duty pending the outcome of an investigation.
Sometimes, there are more than one proximate causes of an accident or an occupant’s injuries in an accident. The facts above, raise the possibility that Rosita Davila’s accidents and ultimate passing could have been caused by the police officers actions as well as a defective vehicle that failed to properly protect her in a foreseeable accident. Rollovers accident account for a full one-third (33%) of all traffic fatalities. Approximately 10,000 people die a year in rollover fatality accidents. 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.
Rollover Accident Kills Two from Beeville, Texas 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.
KIIITV.com reports:
Two teens are dead, and three others are injured during a late night accident in Bee County. It happened just after 11 O’clock Friday night along FM 888. That’s about 5 miles south of Beeville. DPS says there were five people inside of a two door Pontiac traveling south when the vehicle began to drift into the other lane. Officials say the driver tried to correct the car, but ended up loosing control and rolling the vehicle. The car hit a utility pole and a property fence. 16 year old Mariano Virata and 16 year old Reagan Hardy were pronounced dead at the scene. The driver, 18 year old Christian Moron and 15 year old Brandon Jimenez were taken to hospitals in San Antonio for treatment. Another passenger, 16 year old Bethany Bernal was rushed to Christus Spohn Memorial Hospital in critical condition.
Caller.com reports:
Two teens were killed and three others injured about 11:08 p.m. Friday in a one-vehicle rollover on Farm-to-Market Road 888 five miles south of Beeville, said Texas Department of Public Safety officials. All five youths were from Beeville, officials said. Two males, Mariano Virata and Reagan Hardy, both 16, were pronounced dead at the scene by Justice of the Peace Raul Casares. Driver Christian Moron, 18, and passenger Brandon Jimenez, 15, were airlifted to University Hospital in San Antonio with scrapes and scratches, according to the report by Trooper Jazmin Garcia. Bethany Bernal, 16, was taken by HALO-Flight to Christus Spohn Hospital Memorial with critical head injuries, said Walter Gibson, flight paramedic. She was in intensive care early Saturday, Gibson said. Moron was driving a 1999 Pontiac Sunfire southbound in the center of the roadway, as another vehicle approached northbound, according to the report. He lost control while veering into the southbound lane and the vehicle rolled over striking a utility pole at a property fence, then came to rest upside down, the report said. All of the teens were wearing seat belts except Hardy, according to the report.
Lubbockonline.com reports:
A Brownfield man was killed in a one-vehicle rollover early Saturday morning in Terry County. Adam Murphy Hudson, 23, was pronounced dead at Brownfield Regional Medical Center about 1:15 a.m. Saturday – about an hour after the crash on Old Lamesa Road 0.2 miles southeast of Brownfield, according to the Texas Department of Public Safety. Investigators believe Hudson was eastbound on Old Lamesa Road in a 1993 Buick Regal when he took a turn too fast, causing the vehicle to roll several times before coming to rest in the east-side ditch of the road. Hudson was not wearing his seat belt, according to the DPS.
TheDailyLight.com reports:
Two Dallas residents were transported by ground ambulance to area hospitals Friday afternoon after the Isuzu Rodeo they traveling in rolled over. The single-vehicle accident occurred at about 11:39 a.m. near the 405 exit in the northbound lanes of Interstate 35E. “The vehicle was northbound and there were two occupants inside the vehicle. Both the passenger and driver sustained serious injuries and were transported to the hospital. CareFlite was called but they were disregarded,” Waxahachie Police Department patrolman Richard Powell said.
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.
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 tractor-trailer accident, reported today in the Star Local News has claimed the life of Juan Carlos Ortega. According to the Star Local News:
The accident occurred Monday morning on State Highway 121 near the County Road 1220 intersection and involved a tractor-trailer and a Ford Explorer driven by 36-year-old Juan Carlos Ortega who died at the scene, according to a statement released by the Anna Police Department. Anna police Patrol Sgt. Jeff Caponera said Ortega was driving north on SH 121 when the semi cross the center lane and directly into the path of oncoming traffic for reasons that have yet to be determined. The driver of the semi, whose identity was not released, was unable to avoid a collision and struck the Explorer “head-on,” according to the statement. The collision instantly killed Ortega, Caponera said. Police responded to the accident and closed the highway in both directions between the intersections of Farm-to-Market Road 455 and FM 2133 for several hours to investigate the accident and remove the remaining wreckage from the highway. As of Thursday, no criminal charges or traffic citations have been filed against the driver of the semi. Caponera said investigators are awaiting the results of some toxicology tests.
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.
Toyota Sudden Acceleration: Black Box Issues by San Antonio, Texas Sudden Acceleration Lawyer Justin A. Hill
One of the most difficult aspects of prosecuting cases against Toyota for automotive defects has been their handling and inconsitent treatment of black box or EDR (Event Data Recorder) data. A recent article by the AP explains:
Toyota has for years blocked access to data stored in devices similar to airline “black boxes” that could explain crashes blamed on sudden unintended acceleration, according to an Associated Press review of lawsuits nationwide and interviews with auto crash experts. The AP investigation found that Toyota has been inconsistent — and sometimes even contradictory — in revealing exactly what the devices record and don’t record, including critical data about whether the brake or accelerator pedals were depressed at the time of a crash. By contrast, most other automakers routinely allow much more open access to information from their event data recorders, commonly known as EDRs. AP also found that Toyota:
- Has frequently refused to provide key information sought by crash victims and survivors.
- Uses proprietary software in its EDRs. Until this week, there was only a single laptop in the U.S. containing the software needed to read the data following a crash.
- In some lawsuits, when pressed to provide recorder information Toyota either settled or provided printouts with the key columns blank.
Toyota’s “black box” information is emerging as a critical legal issue amid the recall of 8 million vehicles by the world’s largest automaker. The National Highway Traffic Safety Administration said this week that 52 people have died in crashes linked to accelerator problems, triggering an avalanche of lawsuits. When Toyota was asked by the AP to explain what exactly its recorders do collect, a company statement said Thursday that the devices record data from five seconds before until two seconds after an air bag is deployed in a crash. The statement said information is captured about vehicle speed, the accelerator’s angle, gear shift position, whether the seat belt was used and the angle of the driver’s seat. There was no initial mention of brakes — a key point in the sudden acceleration problem. When AP went back to Toyota to ask specifically about brake information, Toyota responded that its EDRs do, in fact, record “data on the brake’s position and the antilock brake system.”
A class action was recently filed relating to the problem of sudden acceleration in Toyotas. Our firm is currently investigating Toyota sudden acceleration cases. Sudden acceleration is a dangerous and potentially fatal defect. If someone you know was injured or killed as the result of a sudden acceleration defect, 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.
Toyota Sudden Acceleration: Brake Override by San Antonio, Texas Sudden Acceleration Lawyer Justin A. Hill
It started with a floor mat fix. Then, Toyota began bolting rods onto the gas pedals of their recalled vehicles in an attempt to fix the deadly sudden acceleration defect. In late February, Toyota carved out a portion of the recalled vehicles that would be equipped by brake override systems. The New York Times Wheels Blog reports:
When Transportation Secretary Ray LaHood told a Congressional committee Tuesday, “We are looking at the possibility of recommending the brake override system in all newly manufactured automobiles,” he was giving weight to a technical solution to sudden acceleration that is on some cars, but by no means all of them. “We think it is a good safety device,” Mr. LaHood said, though he stopped short of saying that it would be mandated. His comment was about recommending the safety device, but many news stories interpreted that as possible regulation. “I was playing ‘whack a mole’ with that because the idea that it would be required had already gotten out in the ether,” said a Transportation Department’s spokeswoman, Olivia Alair. “’Recommend’ is correct.” Override systems, long favored by German manufacturers like BMW, Audi, Mercedes-Benz and Volkswagen, and also used by Chrysler and Nissan, take over when the throttle is racing and the brake pedal is pushed hard, returning the engine to idle. Since most people instinctively brake when their cars go out of control, brake override systems could largely eliminate throttle problems on new vehicles. On Feb. 22, Toyota said it would install brake override systems on the 2005-10 Tacoma, 2009-10 Venza and 2008-10 Sequoia “to provide an additional measure of confidence.” By the end of 2010, the company said, overrides would be incorporated into the future production of most models in the United States. Toyota had earlier announced that the 2007-10 Camry, 2005-10 Avalon and three Lexus models would be so equipped. In a November press release, the National Highway Traffic Safety Administration said, “N.H.T.S.A. is particularly pleased that Toyota is taking this additional step.” For some carmakers, brake override systems are part of the architecture. BMW was the first carmaker to use an electronic throttle — on the 750 model in 1988 — and it has had them on every car since 2001. Brake override systems have accompanied the company’s electronic throttles from the beginning, and the latest version of the technology was introduced in 2005. The BMW system has no hardware component — it’s all software“heel-and-toe” driving. “We didn’t want it activated if you just touch the brake,” Mr. Plucinsky said. “So all those factors were worked into the programming.” Despite being a supporter and installer of brake override systems, BMW is wary of regulations requiring them. “Regulations tend to be restrictive on how the engineering can be done,” Mr. Plucinsky said. David Champion, director of automobile testing at Consumer Reports, agreed that mandating specific technology might not be a good idea. “A regulation could say that, in the event of a stuck throttle, the car has to be brought to a halt in a reasonable distance,” he said. “It would be mandating that the car has to perform in a certain way, not setting a specification.” Mr. Champion said he has tested brake override systems in the Mercedes E-Class, the Volkswagen Jetta, Audi A4 and the Dodge Ram 1500, and all performed well. “I think it’s a good idea,” he said. “It works, and it’s effective.” He cautioned, however, that brake override systems are of no use in cases of drivers confusing the brake and gas pedals. — but despite that a company spokesman, Thomas Plucinsky, estimates the cost is “in the low hundreds” of dollars per car. “Software is expensive,” he said. The brake override system is sophisticated. BMW wanted to allow for racing starts that include brake and gas applications at the same time, and for performance-oriented
The need for brake override systems in all vehicles should be seriously considered and discussed. If the addition of a brake override system makes our roadways safer, it should be mandated. Our firm is currently investigating and pursuing claims against Toyota for Sudden Accelerations that have forever changed the lives of individuals and families all across the United States. 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.
Toyota Sudden Acceleration: Problems Continue by San Antonio, Texas Sudden Acceleration Lawyer Justin A. Hill
After a week of hearings, hard questioning, and a variety of theories, the sudden acceleration problem continues with no apparent solid fix in sight. Many have claimed, from the beginning, that this sudden accelerations is an electronic issue and not a mechanical issue as Toyota has maintained. FoxNews.com reports:
Toyota officials continued to insist Tuesday that consumer complaints regarding unintended acceleration in their cars has nothing to do with the vehicle’s electronic systems as some have suggested. “I want to be absolutely clear,” Takeshi Uchiyamada, an executive vice president for the Toyota Motor Corporation, testified before a Senate committee, the third congressional hearing on the automaker’s problems. “As a result of our extensive testing, we do not believe sudden unintended acceleration because of a defect in our ETCS (Engine Throttle Control System) has ever happened. However, we will continue to search for any event in which such a failure could occur.” His testimony came as federal safety officials increased the number of reported deaths linked to the acceleration issue in Toyota vehicles to 52 through the end of last month. As Toyota executives again tried to assure lawmakers they were taking steps to rectify the problem that led to the recall of 6 million vehicles in the United States, they used their appearance in front of the Senate Commerce Committee to unveil plans to give U.S. safety regulators special Japanese electronic data readers that will allow them to read the “black boxes” from Toyota vehicles involved in sudden acceleration accidents. Until now, the event data recorders, similar to the black boxes on airliners, could only be accessed by Toyota Motor Corporation. “Toyota has rigorously tested the solutions for our recent recalls, and we are confident that with the repairs our dealerships are making, Toyota vehicles are among the safest on the road today,” a Toyota executive in charge of quality told the committee. Earlier in the day, Sen.John Rockefeller,D-W.Va., chairman of the Senate Commerce Committee blasted the National Highway Traffic Safety Administration, suggesting NHTSA officials accepted Toyota’s explanation that floor mats were the problem because they lacked a comprehensive understanding of the unintended acceleration issue. “I think NHTSA investigators would rather focus on floor mats than microchips because they understand floor mats. They don’t understand microchips,” Rockefeller said.
In what many see as the largest automotive safety debacle since the Ford-Firestone issues may come an important safety change. Some are calling for the federal governemnt to mandate a “smart-pedal” or brake override system in every vehicle. FoxNews.com reports, “The override system would deactivate the accelerator when the brake pedal is pressed, allowing the driver to stop safely even if the car’s throttle sticks. Frequently referred to as a “smart pedal,” the feature is already employed by BMW, Mercedes-Bens and Nissan worldwide.” The AssociatePress discussed the possible safety changes:
After skewering top Toyota executives in three congressional hearings, lawmakers and federal safety officials will now decide if the auto industry needs new regulations to ensure that the company’s huge safety recalls aren’t repeated. Hearings over two weeks in the Senate and House focused mostly on Toyota’s foot-dragging on problems of sudden unintended acceleration and whether the Transportation Department’s safety division failed to hold the company accountable for big safety problems that have been linked to 52 deaths. But there are signs that Toyota’s recall of 8.5 million vehicles will result in new rules, new spending and changes to vehicle safety laws passed after the last big safety debacle a decade ago, involving Firestone tire blowouts. “We need to look at current law and ask if it is strong enough to prevent something like this from happening again,” said Sen. Jay Rockefeller, chairman of the Senate Committee on Commerce, Science and Transportation, which held a hearing Tuesday on Toyota. Toyota President Akio Toyoda has pledged to improve the company’s focus on safety and act more swiftly to address driver complaints. The automaker plans to install brakes that can override the gas pedal in future models and many vehicles already on the road. The safety measure is meant to prevent the unintended acceleration that has caused some Toyota drivers to speed out of control. Transportation Secretary Ray LaHood told the committee Tuesday that his agency may recommend that every new vehicle sold in the United States be equipped with the brakes, something that would require a relatively inexpensive software upgrade. The biggest changes in Congress may be to the TREAD Act, passed in 2000 to help the government spot safety defects sooner following the massive Firestone tire recall. The law responded to more than 250 deaths and hundreds of injuries in accidents involving some Firestone tires, typically used on Ford Explorers, that were prone to losing their tread and rolling over. The new requirements prompted automakers to recall more than 30 million vehicles in 2004, an industry record, but lawmakers investigating the Toyota recalls have cited loopholes in the law and a lack of urgency by federal regulators. Safety advocates say the National Highway Traffic Safety Administration, which oversees vehicle safety, is understaffed and lacks engineers who can examine potential electromagnetic interference. They also note that NHTSA has been hesitant to subpoena documents from manufacturers and that executives do not face criminal penalties if they fail to comply with recall laws. “It was supposed to prevent more tragedies like Ford-Firestone,” Clarence Ditlow, head of the consumer group Center for Auto Safety, told the House Oversight Committee last week. “It didn’t.”
Toyota should be held accountable for failing to protect its customers against this deadly hazard. This will not be the end of the saga that will likely, forever, change Toyota’s reputation as safe, dependable and quality made. Our firm is currently investigating and pursuing claims against Toyota for Sudden Accelerations that have forever changed the lives of individuals and families all across the United States. 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.
18-Wheeler Caused by Sleeping Driver by San Antonio, Texas Tractor-Trailer Accident Lawyer Justin A. Hill
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. Recently, in Houma, Louisiana, a tractor-trailer accident caused by a sleeping driver has left another man, Leon Charpentier, dead. According to DailyComet.com:
A Galliano man was killed Saturday after the driver of an 18-wheeler fell asleep at the wheel, crossing the centerline and crashing head-on into a pickup, police said. The pickup’s driver, Leon A. Charpentier, 33, was pronounced dead at the scene, according to State Police Troop C. Charlie Ruffin, 53, of Houma, was driving an 18-wheeler west on the Bourg-Larose Highway about 9 a.m., police said. He was in Grand Bois, about five miles west of La. 3235, when he fell asleep. The 18-wheeler, owned by SONOCO, a Houma offshore-catering company, began to cross the centerline into oncoming traffic, said State Police spokesman trooper Bryan Zeringue. At the same time, Leon A. Charpentier, 33, of Galliano, was driving his 2006 Dodge pickup east when the truck drifted into his lane, Zeringue said. Charpentier apparently tried to swerve off the road to avoid the 18-wheeler but was struck head-on on the road’s shoulder. The impact forced both trucks into the woods, in an area of Lafourche Parish just across the Terrebonne line. Ruffin was taken to Terrebonne General Medical Center in Houma with what police described as minor injuries. “It just shows that you need to make sure you get the proper rest before driving — everyone, not just truck drivers,” Zeringue said. “Tragic accidents like this can be prevented if you get the proper rest.” Both drivers were wearing their seat belts. No charges had been filed as of Saturday evening, and an investigation continues. Blood-alcohol tests will be performed on both drivers, though police said they did not suspect alcohol was involved.
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 a competent 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.
Driling Truck Driver Falls Asleep, Injured Three by Texas Tractor-Trailer Accident Lawyer Justin A. Hill
Long hours, extreme demands, and lax company policies can lead to terrible accidents involving employees on the job and commercial vehicles. One of the worst imaginable situations is when a driver falls asleep at the wheel. Recently, in the oil rich area of Midland, Texas, a driver of a oil drilling company truck apparently fell asleep seriously injuring himself and his two passengers. According to CBS7KOSA.com:
An early morning rollover sends three people to the hospital in serious condition. According to DPS, it happened just after 8 a.m. at 3419 East hwy. and 158 in Midland County. A man driving the Big Dog drilling truck was heading west on 158 when he reportedly fell asleep at the wheel. The truck then hit a fence, a telephone pole, and a gas meter before it rolled multiple times. Trooper’s say the driver was not wearing his seatbelt and was ejected. The driver and two other passengers were taken to the hospital in serious condition.
The Texas Department of Insurance provides a set of training materials for heavy truck and tractor-trailer drivers. The topics are many. One of the topics is preventing driver fatigue. In many trucking/commercial vehicle accidents, driver fatigue is alleged to have caused or contributed to causing accidents. Preventing driver fatigue is extremely important as it can cause serious and catastrophic accidents. 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 commercial vehicle accident or sleeping driver, 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.
Houston, Texas Intoxication Manslaughter Accident by Texas Drunk Driving Accident Lawyer Justin A. Hill
A driver is facing intoxication manslaughter charges after an accident in Houston, Texas resulted in the death of an 8-year old child. According to KTRK.com:
A driver is facing intoxication manslaughter charges after a wreck that killed a young child in north Harris County early this morning. According to Harris County deputies, shortly after 4am, the driver of a pickup truck was traveling on the wrong side of the road westbound in the 800 block of Aldine Mail Rd. The driver of a sedan carrying four young girls heading in the opposite direction noticed the pickup and tried to get out of the way, but was unsuccessful. The right front of the pickup struck the right front of the sedan. An 8-year-old girl in the sedan died in the accident, and the other three girls, as well as the driver of the sedan, were transported to Memorial Hermann for treatment. Their conditions are unknown at this time. The driver of the pickup was injured and transported to a hospital for treatment. That Harris County Sheriff’s Office says intoxication manslaughter charges have been filed against that driver. We’re told the four children and driver of the sedan had just left an overnight church function.
Drunk driving accidents are one of the deadliest dangers on the roadways today. According to MADD, on average, someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes—a decline of 9.8 percent from the 13,041 drunk driving related fatalities of 2007. If someone you know was injured or killed as the result of a drunk 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 potential plaintiffs are protected.
Toyota Apologizes for Accidents Caused by Defective Vehicles by San Antonio Sudden Acceleration Lawyer Justin A. Hill
Toyota appears to finally be accepting some responsibility for the problems associated with their vehicles. Toyota sudden accelerations have become a hot topic and a stain on Toyota’s reputation. Wednesday, Toyota apologized. According to the New York Times:
Akio Toyoda, the president of Toyota, was billed as the main attraction at a House hearing Wednesday into the company’s recalls of millions of cars — recalls for which he profusely apologized and took personal responsibility But the transportation secretary, Raymond LaHood, offered more surprises in testimony that was sometimes heated, including many occasions when he was unable or declined to answer detailed questions about his department’s dealings with the auto company. Both men spent hours before the House Committee on Oversight and Government Reform, one of three Congressional panels investigating the recall of more than six million vehicles and the delay in responding to problems of sudden acceleration. Mr. Toyoda, with a translator to his right and the company’s chief operating officer for North America, Yoshimi Inaba, on his left, spoke in a calm, detached manner. He was criticized by a representative on the committee for failing to show adequate remorse for those who had been killed in accidents involving acceleration problems. “I extend my condolences from the deepest part of my heart,” Mr. Toyoda said.
This will not be the end of the saga that will likely, forever, change Toyota’s reputation as safe, dependable and quality made. 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.
One year ago, SaferAutomobiles.com was created. The first post read:
The purpose of this blog is to address the practical considerations of automobile safety, the crashworthiness doctrine and potential crashworthiness cases. Throughout the life of this blog, I plan to address the following:
- The practical issues involved in spotting and evaluating automotive defect cases;
- The current state of the law with regard to crashworthiness cases;
- The in-take procedures for securing the evidence necessary for automotive defect cases;
- The most common types of automotive defects;
- Current news and happenings that may affect automotive product liability cases; and
- All other issues regarding automobile safety in the United States and abroad.
I intend to write this blog so that it may be used as a resource for the general public and attorneys alike. Please contact me if you have any questions or any ideas on how to improve the blog.
Tractor Trailer Accident Prevention: Fatigue by Texas 18-Wheeler and Trucking Accident Attorney Justin A. Hill
The Texas Department of Insurance provides a set of training materials for heavy truck and tractor-trailer drivers. The topics are many. One of the topics is preventing driver fatigue. In many tractor trailer accidents, driver fatigue is alleged to have caused or contributed to causing accidents. Preventing driver fatigue is extremely important as it can cause serious and catastrophic accidents. 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.
Tractor Trailer Accident Claims Life of Bullard Man by Texas Tractor-Trailer Accident Lawyer Justin A. Hill
A recent accident reported below raises many questions and highlights the importantce of accident reconstruction and investigation. According to the Jacksonville Progress:
Rickey Faulk, 41, of Bullard, died Feb. 19 following a two-vehicle accident. It happened at the intersection of U. S. Highway 79 and Loop 456. According to the crash report, Faulk’s 2005 blue Chevrolet Equinox was traveling north on Loop 456 just before 10:30 p.m. A truck driven by Charles Johnson, 33, of Bethel, Okla., was traveling east on Rusk and approaching the intersection. The truck was in the intersection when Faulk’s vehicle entered it, striking the truck’s trailer with its front left quarter on the trailer’s right side near the trailer jacks. Police authorities stated the trailer was pulled over the Equinox’s driver side before coming to a stop. The accident was fatal to Faulk and it was determined alcohol or drugs were not involved with either party. Details such as fault and charges were not available as of Monday afternoon.
The article does little to detail the accident, the intersection or the vehicles involved. It raises many questions. Was this a lighted intersection? Was there a stop sign or red light? Did the 18-wheeler have sufficient lighting on the truck and trailer? Was the other vehicle driving with headlights on or off? Was either vehicle speeding? All of these questions would help clarify the causes of this accident. It is a real possibility that the 18-wheeler just pulled out in front of Mr. Faulk and Mr. Faulk did not have sufficient time to react or never saw the 18-wheeler. However, these questions illustrate the importance in having a trained professional team of experts evaluate and investigate the sequence and causes of the accident.
According to the National Highway Traffic Safety Administration, truck-related highway fatalities totaled 4,229 in 2008. 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.
Automobile Accident Investigation by Texas Automotive Defect Accident Attorney Justin A. Hill
Automotive product liability cases are unique and complex. They often require expertly performed investigations and reconstructions. There are many steps that should be followed in investigating a potential automotive defect case. In any automotive defect case, it is crucial to quickly obtain a careful and complete analysis of the accident scene. You may need to photograph and analyze the scene at the same time of day, during the same season and with the same type of weather conditions prevailing as were in effect at the time of the collision so that you do not miss what may have been causative factors in the collision.
Further, you must be alert to any changes that have occurred in the scene since the time of the accident, whether you are shooting in the immediate aftermath or long thereafter. The vehicles involved in your collision may themselves have altered the surroundings, and there is an endless array of change that weather, time and third parties may have wrought on the scene. For example, speed or other cautionary signs may have been added after the collision, perhaps in response thereto. You will find that most signage in Texas has on its back a notation of the month, day and year on which it was installed.
On-scene photographs, if available, may be particularly important. They may be available from an investigating officer, police department, newspapers, etc. The “uncropped” photographs should be requested from the investigating body that took the on-scene photographs. The entire photograph, rather than prints which may have been cropped, is preferable.
1. Photographing the Scene
The accident scene should, if possible, be photographed from all directions. If an intersection was involved, the scene should ordinarily be photographed from all four directions. If the accident occurred on a straight-away, the highway should be shot at considerable distance from both directions. You may also wish to obtain aerial photographs, which can be important if the accident scene involved curves or multilevel interchanges. If a licensed surveyor is retained to shoot the photographs, he will make a helpful witness at trial. Aerial shots are best done at noon, when the shadows cast by power poles, etc., will not interfere with your view. In photographing the scene, make certain that you photograph fences, billboards, signs, trees, or anything else that may have obstructed the views of the drivers. Warning and speed signs should of course be noted.
Check carefully for gouge, scrape or skid marks in the roadway or surrounding off-road areas. The surface of the roadway must be noted and its role in the accident analyzed. A smooth, worn roadway often loses its skid resistance as it ages. Also, be alert to the possibility that the roadway may have been resurfaced since your collision. That information can be obtained, via a written request, from the Texas Department of Transportation.
Obtaining DPS or police department photographs of the accident scene taken on the date of the accident is critical in automotive product defect cases. Tire patterns or marks left on the roadway and surrounding areas are significant reconstruction evidence to determine: (1) the pre-impact travel direction of involved vehicles; (2) the pre-impact orientation of the vehicles; (3) the relative speeds of the involved vehicles; (4) the location of the point of impact; (5) the post-impact movement of the involved vehicles; (6) the post-impact velocity and decelerations of the involved vehicles; and (7) the paths of travel to the points of rest of the involved vehicles. Early photographs are critical for any reconstruction of rollover collisions. Further, such photographs may be useful in fuel system cases to determine: (1) the point at which fuel escaped; (2) the point on the road when fuel ignited; (3) the manner in which the fuel source of the fire (and from which vehicle); and (4) the possible ignition sources of the fire. In seatbelt failure or door latch failure cases, scene photographs may be of assistance in documenting when an ejection occurred, or the post-ejection path of the travel of occupants ejected, or the point of impact with the ground between ejected occupants and other vehicles or the ground.
Good on-scene photographs will document marks that will disappear quickly with the passage of time. With on-scene photographs, your accident reconstructionist can utilize photogrammetry techniques to determine the exact location of marks and other physical evidence which existed at the time of the accident, but which has long since disappeared through the passage of time.
2. Measuring the Scene
When taking measurements, find a permanent reference mark at the scene from which to triangulate so that you do not find yourself at trial with a set of measurements from a reference point that has been moved or removed. Stop signs, speed zone signs, etc. can get hit, and when replaced, moved a little or a lot. Small trees near the roadway are likewise a magnet for collisions. Fence posts are an obviously poor choice as well. Instead, choose more permanent fixtures, such as power poles, cement embankments that support overpasses or good-sized trees a considerable distance from the roadway. In an undeveloped area, you may find that the only reliable reference point is a previous intersection from which your distances can be measured. If the case justifies the expense, you may choose to have a survey company survey the scene. It will produce topographical maps drawn to scale that will detail the area.
3. Identifying and Locating Witnesses
There are a number of avenues available for locating the witnesses to a collision. The accident reports are a source of first resort. It furnishes you with the names of the officers at the scene and the names and often addresses of the persons with whom they spoke. Prior to accepting an automobile case, personal contact with the investigating police officer may be helpful. Most officers are willing to personally escort an inquiring attorney to the collision scene. Most will agree to explain their measurements, and identify reference marks or other physical evidence not clearly explained in the police report. The officers may also know the identities of the emergency medical service (EMS) personnel at the scene. If not, that information can be obtained from the EMS statement, available from the entity – city, county, or locality – which runs the EMS system.
The accident report should also furnish the driver’s license numbers of the involved drivers. If their current address is otherwise unavailable, in most states you can make a written request to the license-issuing entity for copies of a driver’s license, which will yield you the information you seek. Also, in any collision yielding a peace officers’ accident report, the address of the involved drivers is included, together with the drivers’ license number. An attorney or his investigator should not assume that there is only one accident report and stop there. Often more than one federal, state, county, or city agency has filed a report of a serious accident. There may be a report from the fire department, police and/or sheriff’s department, emergency medical service, or other such agency. The attorney should determine which agencies have jurisdiction, and check with each to obtain any report filed.
Most accident reports contain the names of witnesses interviewed by the police officers during the initial investigation. Prior to accepting representation in a case, the attorney or his investigator may find it helpful to personally meet and consider getting a statement from each witness listed on the police report. Most witnesses are willing to give a written statement to an investigator. If the collision made the basis of your suit involved a spectacular wreck, or occurred at a busy commercial thoroughfare or residential street, there will be other persons with knowledge of relevant facts that are not listed on the police report. Have your investigator canvass a two-block area for additional witnesses. Witnesses who saw the collision yet were not the first persons to speak with officers, or who came upon the collision scene immediately following the collision, often are not included in the accident reports. Take statements from any additional witnesses located.
4. Investigating through the Media
The electronic or print media may have reported the occurrence. This is especially likely if the plaintiff was killed or seriously injured in the collision. These sources should be checked to determine if they have information, photographs, or videotapes of the occurrence or the aftermath.
5. Seatbelt Use
The importance of seatbelt use in an automotive products case cannot be overstated. Seatbelt use plays a major role in proving causation of an injury. It is also a fact that may be presented to the jury for their considerations when allocating negligence on the part of the injured party. When reviewing a potential case, proper seatbelt use should be considered.
6. Drugs and Alcohol
As with seatbelt usage, the presence of drugs or alcohol should be determined as soon as possible. Evidence of drug and alcohol use, and the extent thereof, is typically not available until an autopsy has been performed. However, there might be times when drugs or alcohol are found at the scene or there are witnesses to the drug or alcohol use. The usage of drug or alcohol use should be investigated prior to accepting a case.
Automotive product liability cases are complex and require a certain level of expertise to ensure that they are prosecuted correctly. 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, statements are taken, and the rights of all are protected.
Toyota Facing Criminal Investigation by Texas Recall Accident Lawyer Justin A. Hill
Toyota’s problems continue to worsen. The Houston Chronicle is reporting that Toyota is now being investigated for criminal violations. The Chronicle reports:
Federal prosecutors have opened a criminal investigation into Toyota’s safety problems, the company acknowledged today as it prepared to answer questions on Capitol Hill about its widespread vehicle recalls. The Japanese automaker said it received a subpoena from a federal grand jury in New York seeking documents related to unintended acceleration in its vehicles and the braking system of its Prius hybrid. Toyota also said it received a subpoena and a voluntary document request from the Los Angeles office of the U.S. Securities and Exchange Commission. The SEC is seeking documents related to unintended acceleration as well as to its disclosure policies and practices, Toyota said. The subpoenas are the latest demand for documentation from Toyota Motor Corp. Over the weekend, the company turned over documents to congressional investigators, with some boasting it saved money by obtaining a limited recall from regulators in 2007. The documents could create a big challenge for Toyota President Akio Toyoda, who is scheduled to testify at a House Oversight and Government Reform Committee on Wednesday. Two House committees are holding hearings this week on the Japanese automaker’s recall of 8.5 million vehicles since the fall to deal with safety problems involving gas pedals, floor mats and brakes. Toyota said it received the grand jury request from the Southern District of New York on Feb. 8. It received the SEC requests on Friday. It disclosed the latest requests in a filing with the SEC today and said it intends to comply with the requests. Toyota declined to comment beyond its disclosure with the SEC.
Hopefully, this investigation will reveal all the facts that heavily affect consumer safety. 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.
Bicyclist & 18-Wheeler Accident in Austin by Austin Tractor-Trailer Accident Lawyer Justin A. Hill
One important, and often overlooked, part of highway safety is the presence of pedestrians, bicyclists, and others not driving vehicles. For example, a lot of coverage has been given to the blind spots of vehicles that are reversing. Technologies, such as back up cameras and sensors, have been introduced to address this potentially deadly condition. The fact remains that size disparities, blind spots, speed differences and other variables cause extreme disparities by those using the roadways. An accident between one of the largest objects on the road, an 18-wheeler, and one of the smallest, a bicycles, accentuates this point. From News8 Austin:
An woman riding a bicycle was critically injured Monday morning. According to Emergency Medical Services, she was pinned under an 18 wheeler. The accident occurred on FM 620 and US Highway 183. Paramedics rescued her from under the vehicle and transported her to Round Rock Hospital. News 8 crews are on the way to the scene. Stay with News 8 Austin for more on this developing story.
The Blotter, from the Austin American Statesman reports:
A bicyclist was critically injured Monday morning in a crash on FM 620 at El Salido Parkway that left her pinned under an 18-wheeler, according to Austin/Travis County Emergency Medical Services spokesman Warren Hassinger. The female cyclist has a critical leg injury and was being transported to a hospital in Round Rock, EMS said. The crash, in Williamson County, also resulted in a traffic mess in both directions on FM 620, Hassinger said.
Every year, Texas experiences a large number of dangerous, and potentially deadly, accidents involving large combination tractor-trailers. According to the National Highway Traffic Safety Administration, truck-related highway fatalities totaled 4,229 in 2008. 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 Accidents in Texas 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 for automotive manufacturers to increase vehicle safety and survivability in rollovers. SaferAutomobiles.com is committed to highlighting technological and safety improvements that make vehicles safer. However, real accidents emphasizing the need for quick and effective action on the part of automotive manufacturers must be noted. Some recent tragic rollover accidents, again, illustrate the need for Safer Automobiles.
From KBTX.com:
A Somerville man is dead following a single vehicle rollover early Saturday morning. According to the DPS, Christopher Flores, 49, was driving west on FM 60 around 2 a.m. They say for reasons unknown, he lost control of his Ford Explorer just west of FM 3058. The vehicle flipped several times before coming to rest on the drivers side. Flores was pronounced dead at the scene. He was the only one inside the Explorer.
From KHOU.com:
Police are investigating a fatal accident which claimed the lives of two women on Saturday. It happened on Red Bluff at Genoa in Pasadena. Police said around 10:30 p.m., two women were traveling north in a pickup truck on Red Bluff when they, for some unknown reason, lost control and skidded off the road to the right. The truck went into a field, crashed through a barbed wire fence and rolled over several times. One woman died at the scene and the other was transported to the hospital, where she later died. Police are trying to figure out why the women skidded to the right. They are investigating to see if they were possibly cut off by another vehicle.
From Amarillo.com:
A Stinnett woman was killed in a one-vehicle accident early Thursday morning. Charlotte Shipley, 48, was southbound in a Chevrolet Blazer on Texas Highway 136 about three miles south of Stinnett, said authorities with the Texas Department of Public Safety. Shipley ran off the right side of the road, overcorrected and rolled her vehicle, which came to rest on its top, DPS said. Shipley had been wearing her seat belt and was pronounced dead at the scene, authorities said. Shipley was alone in her vehicle.
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
Toyota’s problems continue. Toyota is facing a massive recall with regard to vehicles suddenly accelerating. The Prius will likely be recalled for a brake defect. And now, the Toyota Corolla is being investigated for possible defects regarding steering. USA Today reports:
Federal regulators today opened a formal investigation into steering problems in the 2009 and 2010 Toyota Corolla and mechanically similar Matrix. The National Highway Traffic Safety Administration earlier had indicated only that it was looking to see whether it needed to open a formal investigation. With Toyota’s admission in Japan on Wednesday that it’s taking complaints about the steering seriously and its hint that it is looking at a recall, the federal probe seemed inevitable. As USA TODAY is reporting, the problem involves Corollas wandering out of the lane when driven at highway speeds. Drive On first told you about this problem. on Feb. 9. The complaints involve the latest generation of Corolla, out in mid-2008 as a 2009 model. This generation was switched to electric from conventional power steering. If it comes to recall, this one will be huge. Corolla was the nation’s second-most-popular car in sales last year according to Autodata. Together with Camry, the largest-selling car, it is at the heart of what has defined the Toyota brand.
If someone you know was injured or killed as the result of a defective 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.
Toyota Sudden Acceleration Probe Widens by Texas Sudden Acceleration Lawyer Justin A. Hill
Toyota Sudden Accelerations are currently the hottest topic in the automotive safety world. However, it appears that this problem may have been reported to NHTSA as early as 2004. The Wall Street Journal reports:
A House committee investigating Toyota Motor Corp. will broaden its probe to examine whether Bush administration officials adequately responded to the Japanese auto maker’s safety problems, the panel’s senior Republican said Friday. The House Oversight and Government Reform Committee plans to hold a second hearing on the Toyota crisis, likely in the first week of March, Rep. Darrell Issa (R., Calif.) said in an interview. The committee’s first hearing, scheduled for Wednesday, is set to include testimony from Toyota President Akio Toyoda and U.S. Transportation Secretary Ray LaHood. Rep. Issa said for the second hearing, the committee will seek testimony from officials who led the Transportation Department and the agency’s National Highway Traffic Safety Administration under former President George W. Bush. Rep. Issa said there are questions about whether the NHTSA responded adequately to signs in recent years of broader safety problems at Toyota. “There isn’t an NHTSA failure under this president. There is a continuation of a failure” that may go back more than a decade, Mr. Issa said. He said he has seen no evidence that the NHTSA under Bush did anything “overtly wrong” but added that he believes the agency failed to correct a “looming problem” with Toyota. Nicole Nason, who served as NHTSA administrator in the Bush administration, said she has consulted with congressional staffers during their Toyota inquiry but hasn’t been invited to testify. Ms. Nason, who has defended her agency’s response to the Toyota complaints and has questioned whether the auto maker has been forthright in alerting regulators to safety problems, said she would be open to appearing before Congress. A spokeswoman for committee Chairman Edolphus Towns (D., N.Y.) said a second hearing hadn’t been planned yet. The House and Senate commerce committees have also scheduled hearings to examine Toyota’s recall of about six million U.S. vehicles for gas-pedal and sudden-acceleration problems. The first hearing is scheduled for Tuesday.
A class action was recently filed relating to the problem of sudden acceleration in Toyotas. Our firm is currently handling Toyota sudden acceleration cases. Sudden acceleration is a dangerous and potentially fatal defect. If someone you know was injured or killed as the result of a sudden acceleration defect, 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.
18-Wheeler Crosses Median, Kills 3 by Texas 18-Wheeler and Trucking Accident Attorney 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 tractor-trailer accident, reported today in The Colorado County Citizen has claimed the life of three. According to The Colorado County Citizen:
Interstate 10 claimed three lives in a three-vehicle accident Wednesday evening. According to a report by the Texas Department of Public Safety, Jackie Haley, 64, of La Vernia was driving eastbound on I-10 in a 2006 Peterbilt tractor-trailer when he drove off the roadway into the center median at 7:15 p.m. The truck crossed the protective cable barrier into oncoming westbound lanes and struck a 2007 Toyota Landcruiser and a 1996 Chevrolet pickup truck. All three vehicles caught fire and burned. The driver of the pickup, Patrick Hrncir, 64 of Hallettsville; as well as the driver and passenger of the Toyota, Ross Wedelich, 16 and sister, Hayley Wedelich, 15, both of Rosharon were pronounced dead at the scene by Justice of the Peace Pct. 3 Francis Truchard. The driver of the tractor-trailer was taken to Columbus Community Hospital with minor injuries where he was treated and released. The accident remains under investigation. DPS Trooper Stephen Pierce was assisted at the scene by DPS Sergeant Gary Chandler, Troopers Elizabeth Tolbert and David Sutton, DPS Corporal Orlando Moreno, Colorado County Sheriff?s Department, Colorado County EMS, Bernardo Volunteer Fire Department and the Columbus Volunteer Fire Department.
TheFacts.com reports:
Two Angleton High School students on their way to show a steer at the San Antonio Livestock Show were killed in a head-on crash with an 18-wheeler near Columbus on Wednesday. Junior Ross Wedelich, 16, and his sister, Hayley Wedelich, 15, a freshman, were traveling west on Interstate 10 near Columbus at about 7:15 p.m. Wednesday when the crash occurred, a Department of Public Safety spokesman said. Ross Wedelich was driving a 2007 Toyota with his sister a passenger when police said an eastbound 18-wheeler crossed the median and hit their car and a third vehicle, the spokesman said. All three vehicles caught fire and came to rest in the median between the westbound lane and feeder road. Ross Wedelich and Hayley Wedelich, both of Rosharon, were pronounced dead at the scene along with the driver of the third vehicle. The truck driver suffered minor injuries. Angleton ISD officials expressed deep sadness over the crash. The district called in counselors and administrators from other campuses as well as local church leaders to help students and staff members deal with the aftermath, according to a press release from spokeswoman Hanna Chalmers. “The death of any child is a sad and tragic event,” Angleton High School Principal Lisa Davis said in the release. “Counselors will be available all day and as long as needed for students and teachers who need to talk about the accident.” Davis said students who are extremely upset are being released to parents.
The Weekly Journal reports:
Angleton ISD is very sad to report that two Angleton High School students were tragically killed in an automobile accident last night. Junior Ross Wedelich and his sister freshman Hayley Wedelich were hit head on by an 18-wheeler at 7:15 p.m. on I-10. The brother and sister were traveling to San Antonio to show a steer at the San Antonio Livestock Show this morning. AISD and AHS students and staff have been severely impacted by the accident. The district has implemented its crisis response plan, which includes calling in other district counselors and administrators as well as local church leaders to help students and staff members deal with the aftermath. “The death of any child is a sad and tragic event,” AHS Principal Lisa Davis said. “Counselors will be available all day and as long as needed for students and teachers who need to talk about the accident.” Davis says that students who are extremely upset are being released to parents. “Children deal with death in different ways,” she said. “This is a heartbreaking tragedy, and we are doing our best to help everyone cope with the pain. It will take some time for us to heal from this. Right now, we send our deepest sympathy to the children’s family and friends.” The district has also sent letters home with high school and intermediate students. AISD urges parents to talk with their children about the situation and about ways to deal with death. “Children may have questions and concerns relating to the death, and they may need additional support at home as well as our continued support here at school,” Davis said. Parents can contact counselors at their children’s campuses if they need assistance or if they feel that their children are having difficulty and may benefit from additional support.
Update from TheFacts.com:
As students continued to mourn the death of two classmates Friday, Department of Public Safety investigators still were trying to determine how an 18-wheeler drove over median cables and hit two cars head-on. DPS Trooper Stephen Pierce said Friday the cause of the accident is not known, but the driver of the 18-wheeler voluntarily gave a blood sample. Alcohol is not suspected as a factor, Pierce said. “We’re just trying to rule everything out,” he said. Ross Wedelich, 16, was driving a 2007 Toyota west on Interstate 10, 8 miles east of Columbus, about 7:15 p.m. Wednesday when an eastbound 2006 Peterbilt 18-wheeler crossed the median and hit the Toyota head-on, police said. The 18-wheeler slammed into the Toyota and a 1999 Chevrolet driven west by Patrick Hrncir of Hallettsville. All three vehicles slid into the median between the interstate and westbound feeder lane and caught fire. Angleton High School students Ross Wedelich and his sister Hayley, 15, and Hrncir died at the scene. The siblings had been traveling to the San Antonio Livestock Show and Rodeo, where Ross was showing a steer. Funeral arrangements for the Wedelichs are pending, a family member said Friday. The driver of the 18-wheeler, Jackie Lee Haley, had minor injuries. The portion of I-10 where the wreck occurred is divided by a three-wire cable system strong enough to prevent most vehicles from crossing the median into oncoming traffic. “It will grab you — your vehicle — and it will stretch,” DPS Sgt. Gary Chandler said. “In this instance, (Haley) went over it.” Weather conditions were listed as clear and the road was dry at the time of the accident, according to a DPS report. Chandler was at the scene Wednesday night and said the semi-truck hit the Wedelichs’ vehicle squarely. The two teens likely died on impact, though autopsies by the Travis County Medical Examiner’s office will make an official determination, Chandler said. Students at Angleton High School remained somber Friday, trying to cope with the loss of Ross and Hayley Wedelich, Principal Lisa Davis said. A handful of grieving students left school early Friday, she said. “We had several students still feeling the grief,” she said. “They had ties to every single student group on this campus.” When school officials arrived at the campus Friday morning, about 100 students had gathered in a gym to talk about Ross and Hayley Wedelich, she said. “They gathered together to share some stories” about them, Davis said. “There were some who had tears.” Counseling was available to all students Friday. The district brought counselors in from other districts, church leaders and administrators to speak with grieving students and staff, Angleton ISD spokeswoman Hanna Chalmers said. “It’s a shadow over the whole district,” she said. Student council members are continuing to take orders for T-shirts with Ross and Hayley’s names on the front and “Wedelich Way” on the back. The “Wedelich Way” means happy and full of life, friends said. The shirts will pay for a flower arrangement, a memorial to the two students, a scholarship in both students’ names plus whatever charities their family would like to give the money.
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.
