Bus Crash in Campbellton, Texas Kills Three by Texas Automobile Accident Lawyer Justin A. Hill
Among the survivors of the Campbellton, Texas bus accident were a Seguin couple. According to the Seguin Gazette Enterprise:
A Seguin couple was among dozens of people injured in an Atascosa County bus accident Tuesday morning. Roman and Diana Ann Medina were headed to South Texas and Mexico when the bus they were riding in careened off the highway and flipped, killing two passengers and injuring at least 30 others. Seguin resident Vivian Gonzales, Diane Medina’s daughter, said the couple was accompanying a relative from Atascosa County on a shopping trip to Falfurrias and Matamoros. Gonzales said her stepfather was transferred to Brooke Army Medical Center and her mother was taken to Wilford Hall. She said her aunt, the relative traveling with the couple, did not sustain life-threatening injuries. “Roman is doing OK, we talked to him on the phone. He has a back fracture because of how they had to pull him out of the bus,” she said. “My mom has not been awake since the accident. Roman told us not to worry about him and to stay here with my mom.” Gonzales said her mother’s injuries include a back fracture and a small hemorrhage on the brain. “When we came to San Antonio, we went around to different hospitals because she was listed as a ‘Jane Doe,’” she said. “They think she has a good chance. We are just waiting for her to wake up.” The Americanos USA bus left San Antonio with 42 people on board and was headed to the Mexican border city of Matamoros, with a planned stop in Falfurria, Texas. The accident occurred about 45 miles from San Antonio, where the bus driver heard a loud noise before the bus veered from the right lane of Interstate 37. The bus spun toward the grassy median and landed on its right side, said Chuck Garris, the emergency management coordinator for Atascosa County. There were 25 passengers treated at South Texas Regional Medical Center. Those 25 passengers were in stable condition or preparing to be discharged, hospital spokeswoman Danielle Flores said. Two others who were initially taken to the hospital for treatment were later airlifted to a hospital in San Antonio, she said. Four passengers were transported to Brooke Army Medical Center, where they were in stable condition. Another five were airlifted to University Hospital in San Antonio, where one person was in critical condition, hospital spokeswoman Julie Wiley said. The condition of the other four was undetermined. A male and female passenger were killed in the crash, Texas Department of Public Safety spokesman Tom Vinger said. He declined to give their names or ages. Garris said when he arrived at the scene, stunned passengers with cuts on their heads and bruises were waiting for medical treatment. Most of the passengers were adults, although there were a few small children, he said. “People were all sitting on the grass stunned, wondering what happened,” Garris said. “It was a mess.” The bus windows were shattered, and luggage, pillows and purses littered the median. It had rained overnight and early Tuesday, but investigators were unsure if weather factored into the accident, Texas DPS Trooper Jason Reyes said. Reyes said there was no initial indication the driver, 47-year-old Irma Morado, was impaired. Garris said Morado helped remove passengers from the bus. She has not been charged. Investigators suspect equipment failure may have caused the crash, Vinger said. Authorities on the scene said the tires on bus appeared intact. 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 for the same reason is not investigating a March 5 bus crash near Phoenix that left six passengers dead, 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, a subsidiary of Dallas-based Greyhound Lines Inc., 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. A spokeswoman with the Federal Motor Carrier Safety Administration said the agency had just heard about the crash and was beginning to gather information. Bonnie Bastian, a spokeswoman for Greyhound’s parent company, FirstGroup America, said the company is assisting with the investigation. She said two buses were dispatched to the crash site to pick up uninjured passengers — one for those who wanted to continue on to Mexico and the other for those who wanted to return to San Antonio.
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.
Bus Accident Spares Four Nevada Spring Breakers by Texas Bus Accident Lawyer Justin A. Hill
The horrific bus accident around Campbellton, Texas claimed two lives. The rest were lucky to escape. A recent article in the Des Moines Register reports:
Four Nevada teenagers survived a harrowing bus rollover that killed two other passengers and sent 40 to hospitals Tuesday in southwestern Texas. Sisters Chrissy Rewerts, 14, and Amanda Rewerts, 16, were traveling to their grandparents’ home in McAllen for a spring break visit when their bus crashed about 45 miles south of San Antonio. Two of their neighbors and schoolmates, Ashli Decena, 14, and Miranda Gibson, 15, were also on the bus. None of the girls suffered life-threatening injuries, though Ashli sustained a broken arm, said Patty Rewerts, mother of Chrissy and Amanda. Texas authorities reported the driver heard a loud pop and lost control of the bus, which veered off the right side of Interstate Highway 37 before coming back across the highway and going into a grassy median, where it landed on its right side. The bus windows were shattered, and luggage, pillows and purses littered the median, authorities said. In the chaos of the crash, Chrissy lost her phone and borrowed a passer-by’s to call her mom. Chrissy told her she was fine, but that Amanda had been injured and was rushed from the scene. “That wasn’t a good conversation,” Patty Rewerts said. Hours later, Rewerts talked to a doctor at a hospital outside San Antonio, where Amanda had undergone tests. Amanda had suffered many “cuts and scratches and bruises,” but there was no internal bleeding. She was to remain hospitalized overnight for observation, Rewerts said. “For a couple of hours there, I didn’t know,” Rewerts said. “It’s just a mother’s worst nightmare.” The Texas bus crash was the second serious accident involving Iowa students traveling for spring break since Saturday. Tyler Danielson, 19, of Carlisle died when the car he was riding in went into a median, rolled and ejected four of six passengers in New Mexico. All of Danielson’s fellow passengers, all of whom had Iowa ties, were injured.
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.
Campbellton, Texas Bus Accident Kills Two by Texas Bus Accident Lawyer Justin A. Hill
Authorities have released the names of two people killed in yesterday’s terrible bus accident around Campbellton, Texas. According to the AP:
Authorities in Texas have released the identities of the two people who died when a tour bus headed for Mexico crashed. Texas Department of Public Safety spokeswoman Tela Mange said Wednesday passengers 62-year-old Christina Lozano Campos of Lewisville and 27-year-old Efrain Dominguez-Valenzuela of Brownsville were killed in the accident. About 40 other people on the bus were taken to area hospitals. At least one other passenger was in critical condition, while others were in stable or had been discharged The Americanos USA bus left San Antonio Tuesday and was headed to Matamoros, Mexico. About an hour into the trip, passengers heard a noise and felt the bus flip around before toppling onto a grassy median. The cause of the accident 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.
Bus Crash in Campbellton, Texas Kills Three by Texas Automobile 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. The action plan addresses major safety issues such as driver fatigue and inattention, vehicle rollover, occupant ejections and oversight of unsafe carriers.” An accident, today, in Texas is another example of the serious and devastating results of these accidents.
According to CNN.com:
A tour bus carrying at least 35 people rolled over Tuesday near Campbellton, Texas, killing two people and injuring more than a dozen, an official told CNN. Tommy Cavazos, a spokesman for the Texas Department of Public Safety, said that 18 people were injured in the Americanos tour bus crash on Interstate 37, about 50 miles south of San Antonio in southern Texas. Most of the injured are being transported to San Antonio’s Brooke Army Medical Center and University Hospital, Cavazos said. The bus, which was headed to Matamoros, Mexico, flipped and landed on its right side, he said. The names of those killed were not released.
According to MySA.com:
Two people were killed and at least 17 injured in a charter bus crash in Atascosa County Tuesday near Cambellton, officials said. Atascosa County chief deputy sheriff David Soward said the crash of the Americanos bus happened on Interstate 37 near mile marker 92. The bus was headed from San Antonio to Matamoros when it overturned onto a grassy median. I-37 traffic in both directions was expected to remain closed for several hours. Thirty-five people, including the driver, were on board, a DPS officer said. The female driver reported to accident investigators that she heard a popping sound immediately before the crash. Rescuers were at the scene of the 9:45 a.m. crash. Airlife took two patients to Brooke Army Medical Center and two to University Hospital in San Antonio. An Airlife dispatcher said four more medical evacuation aircraft were en route. An undetermined number of injured people were being transported by ambulance to San Antonio. Several of the passengers — young adults from San Antonio — said they were headed to the border for Spring Break.
According to KHOU.com:
A Mexican tour bus overturned in south Texas, leaving at least two people dead and numerous passengers injured. Texas Department of Public Safety spokesman Tom Vinger says the accident happened around 10 a.m. Tuesday on southbound Interstate 37, just north of Campbellton. Vinger says the bus came to rest on its side in the grassy median, about 45 miles south of San Antonio. Vinger told The Associated Press that the cause of the single-vehicle wreck is sought. He says the bus was traveling from San Antonio to Matamoros, Mexico. Vinger did not have information on where the trip originated. Vinger says the bus carried about 35 people, including the driver. The DPS spokesman did not know whether the driver was among the injured. He had no number on those hurt, saying the injured were being transported to hospitals in San Antonio. The accident happened during overcast conditions with temperatures in the mid-50s.
According WHOTV.com:
A crowded bus loaded with young families and spring breakers crashed near San Antonio Tuesday, killing two people and hurting a dozen others. Among those on the bus were four Nevada High School students. Amanda Rewerts, her sister Chrissy, and their friends Miranda Gibson and Ashli Decina were on the bus when it crashed. Justin Rewerts got the news his daughters were involved in the accident Tuesday morning. “Whew. Just, oh my God.” he said when asked about his initial reaction, “I hope they’re OK.” Amanda suffered a head injury, and Chrissy got a few bumps and bruises. They talked on the phone with their dad this afternoon. “Both Amanda and Chrissy were asleep at the time it happened.” he says, “They woke up to the bus sliding sideways down the road and they both say it rolled over. Amanda says she got knocked out and Chrissy was just kinda freaked out about it.” Amanda and Chrissy may stay in Texas to visit relatives while Gibson and Decina are expected to come back to Nevada. Rewert says he just wants to hug his daughters and see for himself that they’re alright. “It’s pretty scary,” he says, “Just so far away and you feel like you’re helpless.”
According to the Seguin Gazette Enterprise:
A Seguin couple was among dozens of people injured in an Atascosa County bus accident Tuesday morning. Roman and Diana Ann Medina were headed to South Texas and Mexico when the bus they were riding in careened off the highway and flipped, killing two passengers and injuring at least 30 others. Seguin resident Vivian Gonzales, Diane Medina’s daughter, said the couple was accompanying a relative from Atascosa County on a shopping trip to Falfurrias and Matamoros. Gonzales said her stepfather was transferred to Brooke Army Medical Center and her mother was taken to Wilford Hall. She said her aunt, the relative traveling with the couple, did not sustain life-threatening injuries. “Roman is doing OK, we talked to him on the phone. He has a back fracture because of how they had to pull him out of the bus,” she said. “My mom has not been awake since the accident. Roman told us not to worry about him and to stay here with my mom.” Gonzales said her mother’s injuries include a back fracture and a small hemorrhage on the brain. “When we came to San Antonio, we went around to different hospitals because she was listed as a ‘Jane Doe,’” she said. “They think she has a good chance. We are just waiting for her to wake up.” The Americanos USA bus left San Antonio with 42 people on board and was headed to the Mexican border city of Matamoros, with a planned stop in Falfurria, Texas. The accident occurred about 45 miles from San Antonio, where the bus driver heard a loud noise before the bus veered from the right lane of Interstate 37. The bus spun toward the grassy median and landed on its right side, said Chuck Garris, the emergency management coordinator for Atascosa County. There were 25 passengers treated at South Texas Regional Medical Center. Those 25 passengers were in stable condition or preparing to be discharged, hospital spokeswoman Danielle Flores said. Two others who were initially taken to the hospital for treatment were later airlifted to a hospital in San Antonio, she said. Four passengers were transported to Brooke Army Medical Center, where they were in stable condition. Another five were airlifted to University Hospital in San Antonio, where one person was in critical condition, hospital spokeswoman Julie Wiley said. The condition of the other four was undetermined. A male and female passenger were killed in the crash, Texas Department of Public Safety spokesman Tom Vinger said. He declined to give their names or ages. Garris said when he arrived at the scene, stunned passengers with cuts on their heads and bruises were waiting for medical treatment. Most of the passengers were adults, although there were a few small children, he said. “People were all sitting on the grass stunned, wondering what happened,” Garris said. “It was a mess.” The bus windows were shattered, and luggage, pillows and purses littered the median. It had rained overnight and early Tuesday, but investigators were unsure if weather factored into the accident, Texas DPS Trooper Jason Reyes said. Reyes said there was no initial indication the driver, 47-year-old Irma Morado, was impaired. Garris said Morado helped remove passengers from the bus. She has not been charged. Investigators suspect equipment failure may have caused the crash, Vinger said. Authorities on the scene said the tires on bus appeared intact. 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 for the same reason is not investigating a March 5 bus crash near Phoenix that left six passengers dead, 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, a subsidiary of Dallas-based Greyhound Lines Inc., 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. A spokeswoman with the Federal Motor Carrier Safety Administration said the agency had just heard about the crash and was beginning to gather information. Bonnie Bastian, a spokeswoman for Greyhound’s parent company, FirstGroup America, said the company is assisting with the investigation. She said two buses were dispatched to the crash site to pick up uninjured passengers — one for those who wanted to continue on to Mexico and the other for those who wanted to return to San Antonio.
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.
Fatality Traffic Accidents Fall to Record Low in 2009 by Texas Automobile Accident Lawyer Justin A. Hill
A study recently released by NHTSA shows that traffic fatalities have fallen again for the fifteenth straight quarter. According to the New York Times:
The number of people who died last year in motor vehicle accidents in the United States dropped to a record low in 2009, the Transportation Department announced Thursday. The death count, estimated to be 33,963, was 8.9 percent lower than in 2008. “I have mixed feelings,” Ray LaHood, the Transportation Secretary, wrote on his blog He said while he recognized that the data reflected a positive trend, “I am also disturbed that we are still talking about nearly 34,000 preventable deaths a year.” The fatality rate, which takes into account the number of miles traveled, was 1.16 deaths for every 100 million vehicle miles traveled in 2009, based on statistical projections of early data collected by the National Highway Traffic Safety Administration. According to the safety agency, traffic fatalities have been steadily declining since peaking in 2005, decreasing by about 22 percent from 2005 to 2009, a span of 15 straight quarters. “This continuing decline in highway deaths is encouraging, but our work is far from over,” David Strickland, the administrator for the safety agency, said in a statement. “We want to see those numbers drop further. We will not stop as long as there are still lives lost on our nation’s highways.” The agency attributes the recent decline to a combination of factors, including nationwide campaigns aimed to increase seat belt use and to prevent drunken and distracted driving, and safer roads and vehicles. The agency also noted that people are driving less. “The bottom line is it is very difficult to ascertain what’s happening out there” said Peter Kissinger, president and chief executive of the AAA Foundation for Traffic Safety, a nonprofit research and educational organization. “I don’t think anybody really knows why.” Mr. Kissinger said more analysis of the data was needed, but that most experts agreed that the recent downturn in the economy played a role. He said that better enforcement, more effective laws, like those that govern teenage driving, and improved technology, like electronic stability control, have also contributed to the lower death rate. “There’s no question that cars are safer today, roads are safer today and systems are safer today,” Mr. Kissinger said. The new data is “certainly great news, but it doesn’t mean there isn’t more work that needs to be done.” The N.H.T.S.A.’s preliminary fatality statistics can be viewed here. The final count for 2009 is expected to be available this summer.
It is impossible to know what caused this positive decline for certain. Likely, it is a combination of factors. Increased seatbelt usage, improved safety technology on vehicles, drunk driving awareness, and multiple other factors likely contributed to this decline. However, there still remain many dangers on the public roadways that kill and injure drivers on a daily basis. If someone you know was injured or killed as the result of an 18-wheeler accident, traffic accident or drunk 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.
There has been a lot of talk about Toyota Sudden Accelerations and how to fix the problem. One of the most popular, and seemingly most effective, options has been the inclusion of a brake override or “smart-pedal.” The video above is a great illustration of what this technology could provide. 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.
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.
