San Antonio Injury Lawyer Blog

In a recent story on San Antonio local news (WOAI), it was reported that records from the Texas Department of Transportation’s database indicate that since 2005 San Antonio law enforcement officers have cited cell phone use as a contributing factor in more than 17,519 accidents with 7,519 injuries and 167 deaths. Further, according to the report, San Antonio had the highest number of cell phone related crashes in Texas over the past five years.

Driver inattention due to cell phone use is not new; studies have reported the effects of cell phone use while driving as being the same, if not worse, as a driver having consumed alcohol or marijuana and driving. Injuries caused by drivers that are texting can be serious and severe. This level of driver, on busy roadways, places the entire driving public at risk. The highest risk areas are spread throughout San Antonio, according to the local news report - Loop 1604 at IH-10; Loop 1604 at Hwy. 281; Bandera Rd. at Loop 410; and even downtown streets are cited.

Determining fault in a auto accident may require an in-depth look into the cell phone records of the person believed to be at fault.

Auto accidents in San Antonio could increase because some 2010 Ford Mustangs have the incorrect rear tire size indicated per Federal Motor Vehicle Standards. Incorrect tire size markings could result in replacement tires being used that are incorrectly sized. Incorrect tire size could result in a loss of stability or other safety issues.

Owners of the new cars will be sent a new tire label to affix according to the directions. It is believed that all owners of the affected cars will be notified of the incorrect labeling.

Auto accidents can have many causes, and it is necessary to investigate all potential causes when auto accidents cause serious injuries or death.

When a bus is in a serious accident it is often assumed that a driver is at fault, and in most bus accidents it is driver error that causes the accident. Serious bus accidents in San Antonio and surrounding areas are common events. When a bus accident occurs it is not uncommon for the driver of the bus to blame the other driver or a pedestrian as the cause of the accident.

However, if the bus-driver gives a statement that some component of the bus mechanically failed, causing the accident, the San Antonio personal injury lawyer representing the injured party should investigate the claim of a defect. If a product defect is found it will increase the likelihood that the injured party can be fully compensated.

A recent recall by the National Highway Traffic Safety Administration (NHTSA) involved 226 City Transit buses manufactured by North American Bus Industries. The recall was based upon a faulty steering gear assembly that could result in the bus driver losing control of the vehicle and causing a crash.

It is unknown how many auto accidents have been caused in Texas or specifically San Antonio because of the well publicized problem with Toyota vehicles. Over 2 million Toyotas are being recalled because of problems with gas pedals which can cause the vehicles to accelerate or fail to slow down when removing pressure to the gas pedal. Some serious injuries have been reported and even deaths have been caused by the faulty gas pedal assembly.

The Toyota recall has gained national attention because of its size and breadth involving many models and makes. However, there have been recalls involving sticking accelerator pedals from other manufacturers such as the 2009-2010 Pontiac Vibe. On February 1, 2010 NHTSA recalled model years 2009 and 2010 Pontiac Vibes for a defect in the accelerator pedal that could cause a vehicle crash.

The National Highway Traffic Safety Administration has come under scrutiny for its failure to act more quickly in the safety recall of the Toyota vehicles. It is very important to report any unexplained operational issues that could effect the safety of a motor vehicle to NHTSA so that they can begin an investigation and possible prevent a catastrophic injury.

Lawmakers are investigating why it took Toyota several years from the time safety complaints started to come in to the National Highway Traffic Safety Administration ("NHTSA") for the Japanese auto maker to initiate auto recalls. Every driver in San Antonio was placed at risk by this delay. San Antonio injury lawyers can make a difference by pursuing claims against manufacturers when they place defective products into the stream of commerce. This delay in dealing with a very serious safety issue placed at risk not only owners of the recalled vehicles but every automobile driver that shares the road with the faulty vehicles.

Toyota, in particular, is also being criticized because of their early efforts to minimize the seriousness of the defect. Reports are coming forward that Toyota may have known for years that the unanticipated acceleration issue was present in its vehicles; however, internal company memorandums indicate that the car manufacturer was more interested in the profits being made on those models. In short, it was more expensive and would cut into profitability to fix the problem with a recall.

There must be economic consequences for a company that puts dangerous products on our streets and particularly when they delay fixing the problems; manufacturers that are driven by bottom line profits need to be held accountable for the lives they impact. Only when citizens hold companies accountable through jury verdicts, will profits be placed below human value, rather than placed above human value.

In San Antonio drivers who hit bicyclists or pedestrians are seldom ticketed or arrested. The injured party is often severely injured or killed while the at-fault driver is left to explain that it was just an accident. Accidents do not normally happen without some active negligence. A two-ton motor-vehicle or a 20 ton semi-truck traveling at highway speeds is going to cause massive injuries to vulnerable road users if they do not pass with a sufficient safe distance between them.

The Texas Governor vetoed a bill that would have required motor-vehicles to give other vulnerable users of our roads and highways a sufficient clear safe passing buffer. With that veto the San Antonio City Council has been debating a City Ordinance that would require a safe passing clearance of at least three feet for cars and 6 feet for trucks. This safe passing distance would be applied to all vulnerable users such as: pedestrians, bicyclists, wheel chairs, and road workers.

If passed the ordinance is not expected to eliminate all accidents and injuries to bicyclists and other vulnerable users; however, it may reduce the number of accidents making our streets friendlier for cyclists. We are in favor of a safe passing ordinance if it is coupled with a marketing push to inform San Antonio drivers of the ordinance. The effectiveness of the ordinance would be enhanced if the other metropolitan areas and not just San Antonio passed similar ordinances to protect cyclists throughout Texas.

Many Texas drivers take the option of adding Uninsured/Underinsured insurance protection when buying auto insurance. Since many San Antonio and Texas automobiles are not insured, or only have minimum required liability insurance, paying for this coverage makes sense. If you are in an auto accident with a driver that causes serious injury, and the at-fault driver does not have insurance, or does not have enough insurance to properly compensate you for your losses, the uninsured/underinsured (UM/UIM) insurance protection on your policy is supposed to compensate you for any losses that are not covered by the at-fault driver.

For years, Texas courts held that since an injured person was dealing with their own insurance company, and seeking compensation for losses covered by UM/UIM protection, that an insurance company must act in good faith and reasonably pay those claims. There was an added consideration - since the insurance policy is a contract - Texas law provides that when a contract is breached, the party in violation owes attorney fees as an additional penalty. Therefore, when a UM/UIM claim was submitted, the insurance company acted reasonably to avoid paying additional penalties in the form of attorney fees.

However, in late 2006 the Texas Supreme Court decided that insurance companies do not have an obligation to pay attorney fees until a person takes the company to court, and obtains a verdict against the company, and then, ONLY, if the insurance company does not pay within 30 days, can attorney fees be added. Essentially, today, UM/UIM insurance companies have been placed in the position of being able to sit back and force their policy holders to go to court, without incurring any penalty. All the while, the insurance company is earning interest on the money, and hoping that policy holders will not have the stamina to fight to the end.

If you have been injured by an uninsured driver, or if the injuries you have received exceed the liability coverage of the at-fault driver, you need experienced help fighting these claims if you want to recover your legal losses.

San Antonio and all Texas motorcycle riders should be aware of a recent recall issued from the Office of Defects Investigation (ODI) - a division of the National Highway Traffic Safety Administration (NHTSA). The product defect recall involves certain 2009 and 2010 BMW model K1300 and K1300 GT motorcycles.

According to published reports, motorcycles manufactured between September 11, 2008 and November 19, 2009 may be prone to a build up of small deposits within the throttle bodies - pronounced with poor fuel quality. The build up of deposits, especially during engine operation at low RPM's, can result in engine stall. Given that these effects occur typically during low RPM range driving, such as when coming to a stop, engine stall may lead to a vehicle crash and potential serious personal injury.

The safety recall is expected to be addressed by BMW in January, when repair of the problems will begin - free of charge to owners. Further information may be obtained from NHTSA, referencing Campaign ID No.:09V471000.

Serious injury can occur to the most prudent riders of motorcycles, as a result of neglect by other vehicle operators not paying attention to the two-wheeled users of the roadway.
Adding a product defect that could result on engine stall only increases the chances of a wreck occurring. If an engine stalls as a result of this build up - even if a car operator behind the motorcycle is paying attention, the sudden loss of momentum may result on the nmotorcyle being rear-ended, and the rider suffering serious injury.

A wrongful-death lawsuit has been filed by the parents of the couple that were fatally injured while cycling on October 1, 2009 north of San Antonio. The couple was riding a tandem bicycle when they were struck by a Ford F-150 truck. The driver of the truck briefly left the roadway and then overcorrected causing him to lose control.

In a wrongful death lawsuit the injury lawyer will likely try to recover: medical and funeral expenses; compensation for loss of companionship, mental anguish, and the decedent's pre-death pain, suffering and mental anguish. The couple left a young child and any recovery would likely be held in trust for the benefit of the child.

The Sheriff's Department and the District Attorney's office are investigating this vehicle accident to determine whether charges for manslaughter or criminally negligent homicide should be brought against the truck driver. The investigating authorities are probably subpoenaing the phone records of the driver to determine whether he was on the phone or texting while driving.

The success of the personal injury claim is not dependant upon a criminal case being filed. Each court system, criminal and civil, has independent burdens of proof and different methods of determining justice – one to determine whether the driver will lose his freedom, and the civil court system will determine whether the driver or his employer should compensate the young child for the loss of both parents.

A San Antonio motorist is reported to be in critical condition following a head-on collision late Wednesday, December 9, 2009. Apparently, a 25 year old driver lost control of his 2003 Nissan while traveling along a curve in the roadway. The vehicle spun around and then crossed into oncoming traffic, striking a van head-on. The driver of the Nissan was reported to have not been wearing his seatbelt, and was thrown about the car causing critical injuries. No report was given concerning whether speed was a factor. However, additional inquiry may reveal other factors and causes of any injury.

Although it was reported that the driver was not wearing his seatbelt, it is possible that he was, and the seatbelt failed. By investigating the seat belt mechanics, any issues with the locking system, and other components, a reasonable determination can be made concerning whether the restraint system failed - leaving the appearance that an occupant was not wearing the restraint when emergency responders arrive.

Experienced and resourceful investigation can many times correct other erroneous first impressions – such as whether an injury occurred in the first place. First responders (police, fire, EMS) are trained to aid those in need. Some have additional training to investigate accidents. But for the most part, they are concerned with safety and well being. If it appears that an individual was not wearing a seat belt, or that an accident didn't leave visible damage to a vehicle and therefore no injuries were sustained, no further thought is given by these first responders. However, serious injury can be inflicted on humans even though a car does not show evidence of damage. Cars are made with state of the art materials that are designed to displace the energy of a collision and leave no physical indication of damage; however, as the energy passes through these materials, it still imposes forces on the human musculoskeletal system and our bodies suffer injury as a result.

A San Antonio driver allegedly caused a two-car wreck with a San Antonio Police officer shortly after midnight on December 10. It was reported that the driver apparently drove in front of the officer causing the patrol car to crash into the truck. The driver was also charged with driving while intoxicated (DWI), which can also be called driving under the influence (DUI).

The driver and the officer were transported to Northeast Methodist Hospital for treatment of personal injuries after the wreck was investigated. The auto accident occurred at the intersection of Thousand Oaks Dr. and Nacodoches Rd.

When a collision is caused by any driver, an investigation into the factors and negligent acts of the vehicle operator must be undertaken. However, when a person is alleged to have been intoxicated, further investigation is warranted. An analysis of the intoxication level is only the beginning: a thorough evaluation of whether the driver was intoxicated at the time of the wreck should be followed by an investigation of when and where the driver consumed the alcohol. If a person is consuming alcohol at a restaurant or bar, and is already showing signs of intoxication while still being served, the bar or restaurant may be liable for injuries to the victim in the car wreck. By determining the alcohol level recorded by the police, using scientific principles, an analysis can be made to determine what the alcohol level and intoxication level were earlier in time. If it can be shown that the person was clearly intoxicated at a time that bar tenders or servers were providing alcohol to the person, Texas law provides for what is commonly referred to as Dram Shop liability.

Only experienced lawyers and law firms with knowledge in the area of DWI/DUI and the science of blood-alcohol concentrations can effectively evaluate these potential cases.

Drivers and auto accident victims in San Antonio and throughout Texas should be aware that there is currently a recall on Jeep Grand Cherokee 2010 models concerning a potential failure to deploy passenger side airbags. Obviously, such an event could seriously impact and increase the injuries one may sustain if riding in one of these vehicles and being invloved in a collision that should ordinarily deploy the airbag to protect the passenger. Without passenger side airbag deployment, if a person strikes their head on any part of the door frame, damage and personal injury ranging from contusions to serious brain injury can occur.

Information regarding this automobile product defect recall can be found at the National Highway Traffic Safety Administration (NHTSA). Vehicles affected include the 2010 model Grand Cherokee, with manufacturing dates from October 22 through November 12, 2009. The cause appears to be an electrical system/instrument panel error, and dealers are expected to begin replacement of the top cover of the instrument panel in December.

In any car wreck, in addition to determining the fault of the driver that may have negligently caused injury, it is always important to ascertain whether a manufacturing defect may have been the source of injury or potentially aggravated the injury beyond what should have occurred in an otherwise, seemingly typical car accident.

A wrongful-death lawsuit has been filed by a personal injury attorney as the result of a drunken driving accident that caused the death of a motorcyclist Northwest of San Antonio. The passenger on the motorcycle was killed and its driver was seriously injured when they were struck from behind by an allegedly drunk driver.

The driver of the pick-up that struck the motorcycle was charged with intoxication manslaughter and intoxication assault. According to the troopers reports the alleged drunk driver's alcohol level was 0.19. The legal limit is 0.08.

The author of this article has hired numerous experts in intoxication fatalities and dram shop cases and most experts believe that everyone is severely and obviously intoxicated at 0.16, and some believe the obviousness cannot be hidden at even lower levels. Therefore, the lawyer that filed this case against the establishment that served the alcohol will probably be able to show that the driver was "obviously intoxicated" and should not have been served alcohol. In defending the saloon that served the drunk driver it may be argued that the driver's past alcohol abuse, as indicated by his prior DWI, gave him a high tolerance to alcohol and therefore, he was not "obviously intoxicated". Expert toxicologist or others experienced in the effects of alcohol are very often hired by experienced personal injury lawyers to explain the science of alcohol absorption rates and the effect of alcohol on reaction time.

Bringing a lawsuit against the drunk driver and the bar or saloon that served the alcohol serves many purposes. One is to compensate the family of the deceased for their loss. Another possibly greater good is to make businesses aware that they can be held liable if they over serve their patrons alcohol. The dram-shop laws do not make the businesses liable every time one of their drunken customers injures someone. They are only liable if they serve an "obviously intoxicated" patron. When a customer is very intoxicated the business must refuse to serve any additional alcohol or risk a lawsuit. It is not legally required that they call a cab or take away the person's keys; even though that may be the right thing to do.

According to the National Highway Traffic Safety Administration (NHTSA) San Antonio auto accident victims need to be aware that the 2009 model year Nissan Sentra automobile may have a defective master cylinder. This defect may result in the vehicle having a much longer stopping distance than originally designed. Unsuspecting owners may apply their brakes in a fashion that would be considered reasonable or normal under the circumstances, only to find that the vehicle is not stopping.

Therefore, if you are struck by a 2009 Nissan Sentra it is possible that the automobile manufacturer is liable because of its defective product. Also, if the owner of the Sentra had the vehicle recently serviced it may be possible to hold the dealer responsible for not replacing the defective part. If you own a Nissan Sentra and have been injured in a vehicle crash that may have been caused by brake failure, you may have the right to seek compensation against the manufacturer.

A San Antonio driver was charged with intoxication assault on November 12, 2009, following an automobile accident that injured five people, including 3 children. The crash occurred on SE Military Drive, in San Antonio, when the driver of a van attempted to turn onto Curtis St. and failed to yield the right of way to an oncoming vehicle. It was reported at the scene that the driver of the van had a cooler and more than a dozen beer cans in the van. The three children injured were the children of the van operator.

Driving while intoxicated or under the influence of alcohol or drugs is a major factor in injury accidents in San Antonio and throughout Texas. Intoxication impairs a driver's ability to fully grasp and react to driving situations and can be the cause of serious, if not fatal, results. Under Texas law, the children of the driver, if he is proven to be at fault, are entitled to recover under the driver's insurance policy for injuries sustained and financial losses incurred. Likewise, the injured persons in the other vehicle are entitled to make a claim for their losses. However, depending on the amount of liability insurance carried by the alleged drunk driver, there may be limited funds available to be used for compensation for all injured individuals. It is important to make timely claims to be considered by the insurance company, before the potential funds are exhausted paying other claimants. This is also why it is important to carry uninsured/underinsured coverage on your own vehicle insurance - so in the event another driver causes a wreck and either has no insurance, or too little insurance, your coverage will provide additional protection.

In the event there is no available insurance, the only potential for recovery may be to investigate and determine whether the driver of the van purchased the cooler and beer from a local store, at a time when he was already obviously intoxicated - in other words, at a time when a store clerk should have realized that selling alcohol to an already intoxicated person would create danger.

San Antonio police believe that a 19 year old driver was intoxicated when she crashed while driving on the Wurzbach Parkway. A 19 year old passenger in the vehicle was ejected from the front passenger seat and was taken to the University Hospital where she is in stable condition.

The claim for injuries against the driver will be probably relatively easy as far as liability. However, it will be necessary to pursue all other avenues for relief as the injured minor is likely to have substantial medical bills and possible long term effects from her injuries.

One potential claim often pursued with success is a Dram Shop Case. In a Dram Shop Case a lawsuit is brought against the liquor establishment that oversold the drunk driver. In this case someone provided alcohol to a minor; therefore, it is very important that this be investigated and pursued. Bars, restaurants, ice houses, and liquor stores are all required to require purchaser to provide proof of age; furthermore, they are prohibited from serving someone if they are obviously intoxicated.

Providers of alcohol do have some defenses that can be asserted in a dram shop case and if their defense is successful the case against them is dismissed. This case because of the ages of the driver and her passenger warrants a thorough investigation as to the viability of a dram shop case against the provider of the alcohol.

On October 2, 2009 a San Antonio resident was killed in a head-on collision in Caldwell County Texas. The 31 year old San Antonio native was struck while traveling in her lane. The accident occurred at 6:30 a.m. and it was not reported whether alcohol played any role in the accident. The driver of the vehicle that crossed into her lane was driving a Nissan Pathfinder.

One issue that should be investigated is whether the Nissan Pathfinder was equipped with oversized tires or had its suspension modified in any way that would make the vehicle less stable. Many SUVs are inherently unstable and prone to having drivers overcorrect when driving momentarily off the road and onto the shoulder. Therefore, any aftermarket modifications can make the vehicle very unstable and it may be possible to pursue a cause of action against the person or company that made the modifications.

A man from Floresville, Texas was killed when his Ford pickup truck rolled over on Halloween night. Apparently the driver of the truck drove onto the grassy shoulder and in attempt to get back onto the roadway the vehicle's driver overcorrected. This vehicle overcorrection caused the vehicle to rollover twice and the driver was ejected. The pickup landed on top of the driver.

Many vehicles do not provide a safe passenger compartment. Rollover accidents very often result in the death of the driver or passengers because of various design flaws in the vehicle. In many rollover accidents the driver or passengers are ejected and ultimately killed when the vehicle crushes them. Or some people are killed when the roof caves in pinning them inside. Many of these wrongful deaths and injuries would have been prevented if the vehicle had stronger rooflines or break resistant side glass.

If you know someone in Texas that has been seriously injured or killed in a rollover accident contact a law firm with experience in these matters.

Bexar County, Texas had 159 traffic fatalities caused by drunk drivers in 2008. Drunk driving was the number one cause of traffic fatalities in San Antonio for the period of 2004 through 2008. Thirty-eight percent (38%) of all Texas auto fatalities involved a drunk driver in 2008. The majority of drunken driving accidents involve a driver between the ages of 21-24 and a blood alcohol level of 0.15, nearly double the legal limit.

The only other factor that substantially contributes to fatal automobile accidents is excessive speed. Other causes of motor vehicle accidents do not even come close to Driving While Intoxicated. Large trucks such as 18 wheelers were only involved in 13 fatal motor vehicle accidents in 2008.

Recently there have been a large number of pedestrian fatalities in San Antonio. Bexar County has averaged 2 to 3 pedestrian fatalities per month since 2004. Also, recently there have been a number of fatalities involving bicyclists. This appears to be a spike and is probably related to more people riding bikes. Bexar County has historically averaged three cyclist fatalities per year. Bexar County has exceeded its yearly average in the period from September through August.

Continue reading "Bexar County Auto Accident Fatalities " »

A Schertz-Cibolo-Universal City School Bus was involved in an accident injuring 12 students and the driver. It appears from reports that the driver of the bus may have pulled out into an intersection when unsafe, causing a collision. Wet roads may have also contributed to the accident.

Damages for personal injuries against the school district, based upon the negligence of their driver, will be capped at $100,000.00 under Texas law. If the injuries sustained by any injured person are substantial and exceed $100,000.00 it would be necessary to determine if a claim can be made against a party other than the school district because of the cap on damages.

Other potential parties may be the owner of the property at the intersection if he had obstructed the view of the intersection or obstucted a stop or yield sign. Additionally, it may be worthwhile to investigate the other driver and take his deposition to see if he should have been able to stop even though the bus driver failed to yield.

A thorough investigation is necessary in all personal injury cases. In cases where Texas law has imposed caps (or limits) on recoverable damages (such as claims against government entities and medical malpractice cases) additional responsible parties may be the only way to seek full compensation for injuries and losses.

On October 14, 2009 the National Highway Traffic and Safety Administration ("NHTSA") recalled Thomas Built School Buses manufactured between March 2008 and February 2009 because the lights on the Stop Arms may stop functioning.

This is particularly urgent because if the LED lights stop functioning, the visibility of the stopped bus is decreased thereby endangering a child or other pedestrian.

Also being recalled are two BMW model motorcycles and three models of Ducati motorcycles. The BMW cycles being recalled were 2009 models and the Ducati cycles were 2009 and 2010 models. Both recalls related to stalling which according to NHTSA could increase the risk of a crash.

Whenever it is suspected that an accident may be related to a vehicle defect or mechanical failure it is necessary to investigate recalls related to the suspect vehicle. As an example, you may be able to hold the bus manufacturer liable if a child was struck by a car after disembarking the bus when the car's driver stated he did not see the swing-out stop sign coupled with the product defect detailed above.

Another example would be if an owner of one of the recalled motorcycles was struck from behind by an automobile because his motorcycle stalled in traffic. The driver of the vehicle that struck the motorcyclist would probably be responsible but the manufacturer may also be responsible because of the defect that caused the cycle to stall.

An 18 year old drunk driver severely injured his passenger in an automobile accident in San Antonio in the preceding week. The injured passenger had his arm severed in the auto accident and was found with his severed arm laying next to the car. The drunk driver was on Somerset Road when he crossed Zarzamora and struck a bicycle sign.

The driver of the car was charged with intoxication assault. Intoxication assault has a maximum punishment of 20 years in prison and a minimum of 2 years deferred adjudication.

The Texas Alcoholic Beverage Commission ("TABC") should investigate this accident to determine where the minors obtained the alcohol they consumed. If the alcohol was purchased by the minors then TABC should take action against the establishment that sold the alcohol.

The Texas Supreme Court has made it much more difficult to bring personal injury lawsuits against establishments that violate the law in serving of alcohol. However, a lawsuit should be investigated in a case such as this where minors are illegally served alcohol and because of their intoxication they cause catastrophic injuries. A Texas personal injury law firm that has experience in alcohol matters and dram shop cases should be retained to investigate whether a lawsuit can be pursued on behalf of the injured minor.

A San Antonio driver was charged with failure to stop and render aid when he struck and killed a 67 year old pedestrian that was crossing S. Zaramora on Thursday. The driver of the vehicle fled the scene and later parked at a Whataburger, abandoning his vehicle and fleeing on foot. The driver of the vehicle claimed that he did not see the pedestrian. The driver's assertion that he did not see the pedestrian was challenged by an investigation that revealed that the pedestrian struck the windshield of the automobile which is probably what led the driver to later abandon his vehicle. The driver of the vehicle turned himself in to authorities.

A driver that is involved in a fatal or injury causing accident may actually have an incentive to flee the scene if the accident was caused because the driver was intoxicated while driving. The penalties for failure to stop and render aid are much less severe than intoxication manslaughter. The reduced penalties for failure to stop and render aid will sometimes cause people to flee the scene of an accident and then later turn themselves into the authorities after the alcohol has left their system.

Alcohol will leave a person's body at the rate of approximately 1 drink per hour. Therefore, if someone can remain at large for 12 to 24 hours it is likely that any tests for alcohol will not reveal alcohol in the driver’s system. A skilled lawyer and experienced law firm, through the use of an investigator and other techniques, may be able to prove the driver was intoxicated through the use of witnesses and documentary evidence tracing the driver’s whereabouts prior to the wreck; however, it is more difficult without the use of a breath test or blood test.

A San Antonio automobile driver was indicted for failure to stop and render aid in a May 5, 2009 accident wherein it was alleged that the automobile driver struck a bicyclist on S. St. Mary's Street. The driver of the car did not stop and the bicyclist died of his injuries.

There have been a multitude of automobile - bicycle accidents causing injury in the past year. In Texas when a driver of an automobile is in accident that causes injury or death, the driver of the automobile is required to stop as close to the scene of the accident as possible and must immediately return to the scene and remain at the scene of the accident until authorities arrive. Failure to stop and render aid is a third degree felony and punishable by up to 5 years in prison. In a strange twist, Texas law is somewhat contradictory when an intoxicated driver causes injury - whether to another automobile driver or a bicyclist or pedestrian. If an intoxicated driver is arrested and charged with Intoxication Assault or Intoxication Manslaughter (in the case of death) the person causing the wreck and injuries may face 2-10 years or 2-20 years in prison. However, if an intoxicated person causes injury, and is able to leave the scene before authorities can obtain evidence of intoxication, even if later connected to the accident the person may only face charges for leaving the scene and failing to render aid. A thorough investigation after an accident should involve a determination of whether the person causing the injuries may have been consuming alcohol at a restaurant or bar before the collision.

Even if a bicyclist is properly obeying traffic laws, and is lawfully on the roadway, the negligence of an inattentive driver can cause serious (if not fatal) injuries. In addition to obeying traffic laws while riding a bicycle, riders should wear bright, reflective clothing and always wear safety equipment such as helmets, wrist and elbow protection. In the event of any type of automobile/bicycle collision, police should be called and information exchanged.

Over the weekend a couple on a tandem bike were killed in Bexar County.
The cyclists killed were known to be very careful riders who always wore their helmets. Apparently from the published reports it appears as though the driver of the motor vehicle left the roadway as he approached the cyclists from behind and then overcorrected causing the collision. It did not appear as though alcohol played a role in the accident.

This year at least two other deaths have been caused by crashes when cyclist sand motor vehicles collide. The number of serious injuries caused by motor vehicles colliding with bicycles is staggering. It is unfortunate that some members of the public just consider these collisions to be accidents - implying that they are unavoidable. Bexar County and San Antonio should take steps to make our streets safer for bicycles as they contribute to making San Antonio a healthier place to live.

The tragic death of bicyclists in Bexar County highlight the need for an awareness program whereby motor vehicle drivers are taught to give sufficient room to people on bicycles. Governor Rick Perry vetoed a bill earlier this year that would have required motorists to give cyclists at least 3 feet of clearance when passing. It is unknown whether any of the recent cyclist deaths would have been avoided if the law would have passed; however, it is certain that future deaths may be avoided if cyclists are given sufficient safe room when legally using Texas Roadways.

In a recent article in the San Antonio Express-News, the concept of "ambulance chasing" was addressed. Unfortunately, the article headline implicates attorneys - all attorneys - when the facts are that a small number of unethical lawyers, together with unethical chiropractors, team up to run car wreck cases for their own financial benefit rather than to help the victim of the collision.

If you are involved in an automobile accident, and are solicited, report the name and phone number of the solicitor immediately. If you or a family member is injured, you should seek advice from a reputable law firm - a firm with Board Certified lawyers and a long-term presence and reputation in the area. And you should not be afraid to interview several law firms until you feel comfortable with your decision.

Likewise, while pursuing legal help, you should not talk with insurance claims adjusters about anything other than the location of your vehicle and repairs that may be needed. Insurance adjusters are trained to inquire about injuries and potential medical issues in a manner intended to minimize your injuries and damages. If you are being recorded, and give an answer without realizing the implications, insurance companies will use those statements against you. A trained and ethical insurance adjuster will understand that you are under no legal obligation to speak with them and that you have the right to seek legal advice. Therefore, if they do not respect your decision to put off speaking with them until you have talked with a lawyer, and insist on recording you against your wishes, report them to their supervisor and to the Texas Department of Insurance.

If you have been the victim of another driver's carelessness, you have more to worry about than who will be calling you next, pressuring you to speak about the incident. If you are confused, find an attorney that you have confidence in and let them handle the legal issues while you take care of yourself.

A safety recall notice was published by the National Highway Traffic Safety Administration (NHTSA) this past week regarding a problem with Daimler trucks that could lead to loss of control and crashes. The recal involves poetentially over 8000 trucks under the Freightliner name, including models Cascadia (model years 2006-2010), Century (model years 2005-2010), and Columbia (model years 2007-2010).

The danger arises inner tie rods that may loosen over time and which can result in a loss of vehicle control at highway speeds. Obviously, a loss of control of a Freightliner truck can cause disasterous injuries and destruction of personal property. Although the recall notice has been issued and repair efforts are expected to be in place by November, any wrecks involving these trucks should certainly be investigated for potential product defect in addition to driver conduct. More information about the particular recall is available at the NHTSA consumer site by entering Campaign ID 09V357000 in the search box.

Injuries caused by tractor-trailer accidents, large truck wrecks, or passenger vehicle collisions should always be investigated thoroughly. This would include an analysis of any potential defects in the vehicles, and any recalls that were not corrected by the owners and operators of vehicles.

When school started this year, new safety laws went into effect as well. The Texas legislature enacted new laws regarding the use of cell phones in school zones, aimed at protecting children and preventing automobile accidents. Starting September 1, 2009, it is now illegal to operate your motor vehicle while using your cell phone if you are traveling in a school zone - in San Antonio, or anywhere in Texas - unless you are using a hands-free device (Bluetooth, speakerphone or earpiece, for instance). Specifically included in the ban, is texting while driving through school zones. While, from a safety standpoint, one should never text while driving, this law only affects texting in school zones. Violators of this new safety law can face fines of up to $200.

There are additional restrictions for newly licensed drivers. Operators with learning permits are prohibited from using cell phones for the first 6 months of driving, while drivers under the age of 17 with restricted licenses are forbidden to use mobile, cellular devices while driving.

Every year there are vehicle collisions causing injuries to school children and/or motorists properly operating their vehicles in school zones. Typically, even though cell phone use was not illegal, an investigation into the at fault driver's cell usage was involved. Now, however, the mandate of law from the Texas legislature places a greater emphasis on reasonable driving practices when the end result could be a serious or fatal injury to a child.

San Antonio Buell motorcycle drivers are at risk of serious injury or death because of a manufacturing defect. Some Buell motorcycles, manufactured by Harley-Davidson Motor Company, are subject to a serious safety recall. Buell is recalling a total of 3,316 motorcycles manufactured in 2008 and 2009.

The brakelines on the subject motorcycles were improperly routed and could come into contact with the front tire. This potentially could cause the brake line to leak and result in brake failure. The National Highway Traffic Safety Administration (NHTSA) has stated that the condition could cause the driver and rider to crash, resulting in injury or death. Dealers will re-route the front brake line and replace any worn brake lines free of charge. For additional details, visit the NHTSA Recall site, and enter the following Campaign ID in the search function: 09V109000

San Antonio personal injury victims need to be aware of recalls for any vehicle involved in an accident, and attorneys should be able to properly advise prospective clients about the impact such a recall might have on any potential lawsuit or claim. Occasionally a vehicle defect is responsible for an accident and only after a thorough investigation will all responsible parties be held accountable.

More fatal auto accidents in San Antonio involve drivers with an alcohol level over the legal amount (.08) than drivers who have not been drinking. In San Antonio, Texas 48% of the motor vehicle drivers involved in fatal accidents were over the legal threshold of intoxication while 46% of the drivers had no alcohol in their system

There were 116 fatality auto accidents in San Antonio in 2007. Thirty-two of the accidents (27%) involved collisions with other vehicles, presumably injuring more than just one person. While forty-one accidents (35%) were collisions with fixed objects. Sixteen of the fatal accidents involved rollovers.

From these statistics it is obvious that two changes could dramatically decrease the number of auto accidents causing fatalities. The greatest decrease would come from reducing or eliminating drunk driving. Another decrease in fatalities would be achieved by making cars safer such as by increasing roof strength so that passengers could survive rollovers and by improving the passenger restraint systems in cars. If an intoxicated driver causes injuries, a claim against the liability insurance policy covering that driver; and if no liability insurance exists, a claim should be brought against the uninsured insurance covering the injured party’s vehicle, if uninsured insurance has been purchased on the policy.

If an intoxicated driver causes a wreck with a vehicle in which you or a family member are riding, an investigation should be made into where the intoxicated driver had been consuming alcohol before entering the roadways. If a commercial establishment sold alcohol to a person that was already obviously intoxicated, that bar or restaurant could be liable for the harm caused by the drunk driver.

If you have ever been in a car wreck, you know things can get confusing and difficult in a hurry. If your car or truck has been damaged and is not drivable, you need alternate transportation to get to school or work. If you have been injured, you need medical attention. You may be getting numerous phone calls from persons offering "free" medical treatment or "free" legal advice. Insurance adjusters will call wanting a full explanation of what happened. It can be overwhelming. Below is a brief list of things to do, as well as things to avoid that should make your life a little less hectic after a collision.

First, if you are injured, or simply aren't sure what injuries you may have sustained because you still feel in shock, be sure to tell the officer investigating the wreck that you want medical assistance. If you have someone available to take you to an emergency room or to a clinic, and don't need an ambulance, be sure to tell the officer that although you do not need an ambulance, you are going to seek medical attention. San Antonio Police and Bexar County Sheriff investigating officers are supposed to document these communications and you do not want an insurance adjuster claiming you weren't hurt because you told the officer you were fine or that you would be "ok."

If your auto wreck happended in San Antonio, Texas, be sure to obtain a copy of the police officer's card, and the accident report number. You may need this information to secure insurance information against the at fault driver. Likewise, any investigating agency, such as a local sheriff's office or Texas Department of Public Safety Troopers will all be able to give you information on how to obtain a copy of your report. If you are contacted by an insurance adjuster, it is usually not beneficial to give a recorded statement until you have a clear head, and have had time to seek legal advice. If you answer a question poorly, or just get confused during the process, the insurance company will quote the recorded statement and use it against you.

Unsolicited phone calls with offers for "free" medical help, and/or assistance in finding a lawyer, should be looked on with scrutiny. A reputable physician or lawyer should not make an unsolicited contact with you or your family. If you feel you need assistance in finding medical attention, ask your friends and family. If you have health insurance, contact a doctor or seek emergency care (if needed) at a facility on your plan.

You may not need an attorney. Perhaps your insurance carrier will repair your vehicle, and you have not suffered any injury. In those circumstances, consider yourself fortunate, and put the wreck behind you.

However, if you feel that you need legal counsel and advice, research and talk with attorneys before making a decision. You should feel comfortable, confident, and secure in your decision. An attorney should talk with you and inform you about what can be done for you, as well as what cannot be accomplished. Legal assistants and paralegals play an important role in a law office, but clients should get legal advice from attorneys - ask to speak with an attorney directly. Additionally, most law firms that have been retained to handle a bodily injury claim will assist the client with property damage claims, and PIP insurance claims, without charging a fee.

The aftermath of an automobile accident can be difficult, but you have rights and you should not feel forced to make quick decisions that can have long-term impact. Protect yourself and seek competent counsel.

Mexican long-haul trucking companies were given increased access to Texas highways by the free trade treaty signed in 1993 between the United States and Mexico. The trans-border trucking program was intended to ease trucking shipments between Mexico and the United States. The program was halted because of safety issues with the trucks and drivers from Mexico. In 2007 a small pilot project that was intended to give a small number of Mexican carriers access to Texas highways attempted to show that trucks and drivers from Mexico would not endanger drivers within the United States.

Until Mexico can establish that Mexican authorities maintain safety records on their trucks and drivers these trucks should not be allowed on our roads and highways. The United States Department of Transportation and the Texas Department of Public Safety have vigorous licensing requirements for trucking companies and commercial drivers. The Texas Department of Public Safety suspends commercial drivers licences if a commercial operator commits various traffic offenses - even if in their personal vehicles. In the United States truck drivers are required to maintain logs to show that they are not driving while fatigued. Failure to maintain the proper logs and keep a commercial vehicle properly maintained can result in driving privileges being suspended or the imposition of large fines.

Eighteen Wheeler (18) accidents occur too frequently and cause tremendous personal injury to Texas drivers even without an onslaught of truckers from Mexico.

If an accident is caused in Texas by a trucking company that is based in the United States it will likely have sufficient insurance to compensate an injured person. Furthermore, if the driver of the U.S. based company failed to maintain the proper logs or failed to maintain his vehicle the injured party will be able to use those deficiencies against the driver and the trucking company. However, if the accident is caused by trucking companies based in Mexico it will cause many logistical problems and will likely make any recovery more difficult to obtain and collect.

On March 16, 2009 Mexico threatened to impose tariffs on 90 products from the United States in retaliation for the cancellation of the program that allowed the Mexican Trucks to ship throughout the U.S. Because of the enormous risks imposed by eighteen wheeler accidents the United States should not let Mexican trucks on our roads until it can be established that they safe and that its drivers have training comparable to that of U.S. drivers. Because of the threat of life-altering injuries and death that can be caused by these huge tractor-trailers, we would also suggest that the minimum limit of liability insurance for companies operating commercial trucking ventures in the United States be raised to $5,000,000.00 for injury or death caused by a negligent driver or negligent carrier.

It was recently reported by the Texas Department of Public Safety that a motorcycle accident north of San Antonio claimed the life of the motorcycle driver. It was also reported that the motorcycle driver was not wearing a helmet. Most safety experts agree that wearing a motorcycle helmet decreases the likelihood of a cycle crash fatality by approximately 35 to 40 percent.

Adult motorcycle riders in Texas are not required to wear helmets. A large percentage of motorcycle riders in Texas prefer to go helmet-less because of the freedom and perceived improvement in field of view. Opponents of mandatory state helmet laws have argued that helmets negatively effect their ability to visually detect vehicles in other lanes and that the helmets also reduce their ability to hear auditory signals such as horns and the sound of nearby traffic. Studies by the National Highway Traffic Safety Administration tend to dispute the claim that helmets negatively impact safety because of a perceived reduction in vision or hearing; however, a helmet may reduce vision when changing lanes. These factors do not override the safety effect that protecting the rider’s head promotes. Motorcycle operators may need to exercise caution when changing lanes, but that conduct rests on all drivers. Not addressed in the studies of injuries is how many of the accidents were caused by reckless drivers not being on the lookout for motorcycle drivers. Motorcycle drivers in Texas often complain about aggressive automobile drivers and drivers of cars and trucks often cause injury to motorcycle riders and passengers as a result of not keeping close attention to all users of the streets and highways.

It should be noted, however, that various helmet styles and varying manufacturers have differing safety profiles. All motorcycle helmets are required to meet Federal Motor Vehicle Safety Standard 218, which is the minimum level of protection. Some helmets provide more protection and no helmet should provide less than the standard. In a motorcycle accident involving serious head trauma to a helmeted operator or passenger it may be necessary to investigate the safety profile of the helmet that was being used.

It is likely that there will be one or more motor vehicle collisions in San Antonio, Texas involving recalled vehicles. What is interesting is whether any of the lawyers or investigators will take the time to determine whether a recall on any of the vehicles may have contributed to the accident and therefore the injuries.

Auto accidents have many potential causes, many of which will never be discovered unless a thorough investigation is completed. One of the areas that can often lead to discovery of useful information is the National Highway Traffic Safety Administration (NHTSA) and particular its listing of defects and safety recalls.

As an example GM announced on February 17, 2009 a recall of over 8000 Pontiac G6 vehicles because the brake lamps may not illuminate when the brake pedal is depressed. This failure is caused by corrosion in the bulb connection. Many individuals may not get the notice that their vehicle has a recall, or they may ignore the vehicle recall because they mistakenly believed that fixing the safety issue will cost them money.

Failed brake lights can cause a car wreck to occur because one party doesn't see brake lights in front of them, and the other driver is unaware that their brake lights did not illuminate due to the defect. In a case that results in serious, life threatening injuries, or death, perhaps the manufacturer of the defective brake light will be the responsible party. Only a thorough investigation of your auto accident can determine all potential responsible parties.

The National Highway Traffic Safety Administration (NHTSA) has issued a recall on certain Honda Odyssey vehicles. The Office of Defects Investigation has issued a statement regarding potential failures in the hydraulic brake lines affecting certain 2009 Honda Odyssey vehicles.
It was determined that incorrect front brake hoses were installed and the hose can develop a leak of the brake fluid, increasing the risk of a crash. Information about the models affected can be found through the NHTSA website created for consumer information.

Automobile accidents can be the result of a driver's negligence, but in many instances, automobiles have defects that can lead to wrecks; often, product defects in cars don't cause the collision, but can increase the severity of injury to vehicle occupants.

If you have been involved in a motor vehicle accident, a thorough investigation involves analyzing the scene of the incident, as well as a proper analysis and investigation into the vehicles involved and the dynamics of the accident and causes of injury.

As the New Year approaches, and hope of a brighter economy grows, San Antonio (and all Texas) drivers should be aware that when economic times get tough one of the expenses that many people cut is their automobile insurance. Even though most states, including Texas, require licensed drivers to maintain minimum limits of automobile liability insurance, when jobs are lost or bills pile up in bad economic times many drivers simply cancel or stop paying for insurance.
A study that is set to be released soon by the Insurance Research Council estimates that several hundred thousand drivers nationwide have dropped liability insurance in the past year.

Driving without insurance not only places a driver at risk of a hefty fine if ticketed by police, but if you cause an accident and damage another's car, or worse, injure someone, without insurance you expose your personal assets to a lawsuit and potential judgment. While many assets are protected from being taken from you, if a judgment is obtained it can be filed with the deed records of your home county and can be kept viable indefinitely. If you ever acquire assets that are not protected, or try to sell a home, or obtain a loan, the judgment will show up against you.

Further, if you are the victim of a wreck caused by an uninsured driver, you may be in the position of trying to obtain a judgment against a person that has no assets to pay for your damages and injuries, and may never be in a position to compensate you for your losses. The only protection against this scenario is to purchase uninsured motorist protection along with your regular liability insurance coverage. Uninsured motorist protection will pay for losses caused by a negligent, uninsured driver. Recoverable compensation under Texas law for persons injured in an automobile accident can include lost wages or salary, medical bills, compensation for the pain caused by injuries such as broken bones or damaged tissue, and other compensation that can be determined in individual cases.

If the economy has hit your family, dropping automobile insurance in a cost-saving measure may lead to many more consequences and this decision should not be made lightly. However, since it is clear that many do make this decision, one way to protect yourself from an uninsured driver is to add extra coverage on your own vehicle.

All San Antonio drivers should be aware of a recent recall reported by the National Highway Traffic Safety Administration (NHTSA) regarding certain rubber tire valve stems. The valve stems, manufactured by Dill Air Control Products, involve model numbers: Dill APC TR413, TR414, and TR418. These valve stems were sold between November 2006 and July 2007.

Due to a lack of protective additive the rubber may deteriorate from expose to ozone. As a result of this deterioration and cracking, the potential exists for leaks and loss of air pressure. Loss of tire pressure can cause more than a flat tire. Loss of tire pressure can result in a loss of vehicle control while driving, leading to an injury causing automobile accident or fatal automobile wreck.

Dill is offering to replace the valve stems free of charge. Consumers that have purchased these valve stems may contact the tire center where purchased, or at any participating Sears Automotive Center, Tire Kingdom, Big O Tires, Les Schwab Tire Center, NTB and Merchant's Tire Center)

For additional information, or to seek help determining whether you have one of the recalled stems, contact Dill directly at 1-888-364-2982, or go to www.tirevalverecall.net.

Defective automobiles or defective vehicle equipment can lead to serious injury and death - take action to keep yourself informed of any potential problems.

As the Holidays approach, in addition to the various Christmas Parties, Hanukah gatherings, and other festive celebrations, many holiday observers are enjoying a merry good time at local pubs and taverns. While there is nothing wrong with responsible alcohol use, many times the holiday spirit invites excess imbibing.

Alcohol related injury accidents and fatal collisions are always higher in this season, and in San Antonio and the surrounding areas the numbers are frightening. In one study, the Texas Department of Public Safety found that alcohol use was investigated in nearly one-half of all fatal wrecks in Texas.

In many instances, wrecks caused by intoxicated drivers can leave a family devastated. If an individual becomes intoxicated, not only can a claim for negligence be brought against that person (seeking compensation for losses from the individual's liability insurance policy) but in many circumstances a bar or other licensed establishment that sold alcohol to an individual that was already obviously intoxicated may be liable to an injured victim or the family of a person fatally injured in a car accident. If a driver failed to carry liability insurance, or if they did not carry enough insurance to cover the losses, the injured victim may need to seek fair recovery for their losses from their own insurance (if they had purchased uninsured/underinsured motorist protection) or from the establishment selling alcohol to a person that was already intoxicated.

Dram Shop liability (when a licensed establishment provides alcohol to an obviously intoxicated person) has its basis in the Texas Alcoholic Beverage Code. To establish liability against a provider of alcohol under the Texas Alcoholic Beverage Code, a victim must prove that the bar or pub provided alcohol to a person that was already obviously intoxicated to a point where they presented a clear danger to themselves and others. Further, it must be shown that the intoxication was apparent to the server that provided the alcohol. Under Texas law, this statute does not absolve the intoxicated driver; it merely allows the courts to evaluate the wrongful conduct of a provider of alcohol to determine their responsibility in creating the dangerous situation and putting the intoxicated driver on the road only after profiting from the sale of these beverages.

Unlike "for profit" providers of alcohol, Texas law does not place liability on "social hosts." A social host (for instance, someone having a party at their house where alcohol is served) is not liable if a guest imbibes too much and injures or kills someone while driving under the influence of alcohol. Only licensed establishments face liability for serving someone that is already obviously intoxicated. The one exception in the area of "social host" liability, and a situation where a private individual may be held liable, is if alcohol is served to a person under the age of 18. If a minor is served alcohol, and causes injury or death, the person providing the alcohol can be held liable - except if the server was the minor's parent, guardian or spouse. The persons are immune, even if they provide alcohol to a minor.

Texas law does have some protections, even if they don't all make sense, for those families impacted by persons being served even after they are obviously intoxicated and then sent out onto the roadways placing the traveling public at risk.

If you drive on the north side of San Antonio, you should be aware that the highest rate for automobile accidents and wrecks are north of downtown. In fact in a recent report on KENS TV it was reported that the top 10 locations in the city for reported car wrecks were all on the north side of the city.

The top 3 intersections for traffic accidents were are along Loop 1604. At the intersection of Bandera Rd. and Loop 1604, there were 85 auto accidents reported in the previous six months. At the intersection of Loop 1604 and IH-10 West, it was reported that there were 100 collisions. And the most dangerous intersection in San Antonio for drivers in the last 6 months has been Loop 1604 and Hwy 281 on the far north side. There were 132 car accidents reported for this intersection in the last six months.

If you have been in an automobile accident, you should immediately contact your insurance carrier. You will also want to obtain the San Antonio Police Department accident report number, so a copy of the report can be obtained. This report will contain the other driver's identification and their insurance information. If the wreck was caused by the other driver, it is likely that their insurance company will contact you soon after the collision. You should know that you ARE NOT required to give the at fault party's insurance company a recorded statement. The adjuster will want to ask you questions, while being recorded, and will attempt to have you minimize your injuries, will ask questions designed to indicate that you may have been at fault, and often will attempt to get your permission to settle the claim before you know the full extent of damage to your vehicle or your own injuries, if any.

You should seek any medical attention you feel you need immediately. Contact your family physician, or seek help from a local emergency clinic or hospital emergency room, depending on the nature of your injuries.

You will also most likely be contacted by numerous individuals that have searched the police records. They will call offering a range of "services" including offers to pick you up and transport you to a medical appointment or to an attorney's office for assistance. While technically legal, these efforts are typically not trustworthy and in many cases people have found that they have hired a chiropractor or physician not of their choosing, along with an attorney, before they have even considered their own well being.

A reputable law firm, and reputable healthcare providers, will not contact you offering services after a car wreck. If you need legal assistance or medical attention, you should seek out the services you desire. A search on the internet can provide a list of physicians and law firms that are available to assist you with questions after a car accident, and after discussing your situation and once you feel comfortable with the person you have chosen, then and only then should you sign any documents.

If an insurance company asks you to sign any paperwork, you should carefully read and review any documents, and seek legal advice if you do not understand the implications. Signing a Release of All Claims without understanding the effect could forever bar you from gaining full compensation for your losses.

In San Antonio Texas many automobile drivers have only the minimum required statutory liability insurance. The minimum required automobile liability insurance is in the amount of $25,000.00.

The minimum auto liability policy is insufficient in circumstances where there are serious injuries. In cases with serious injuries the personal injury attorney should investigate the availability of underinsured motorist coverage. In cases where combining the liability coverage with the underinsured coverage will not provide sufficient insurance coverage the personal injury attorney should investigate other sources of funds to compensate the injured driver.

Other sources of compensation include personal assets of the at fault driver; however, the at-fault driver usually will not have assets beyond the Texas homestead exemption. Other areas that can be investigated in cases with severe injuries include: roadway geometry, drainage design, tire and vehicle defects and driveway design.

Driveway design is often overlooked by attorneys as the source of serious injuries. Driveway design can play a major role in causing accidents. Often driveways from private property do not have acceleration lanes. The lack of an acceleration lane often causes vehicles to merge into traffic at too slow of speed. The large difference in speeds of vehicles traveling on a roadway compared with those vehicles entering the roadway from drives without acceleration lanes causes large disruptions to the traffic flow.

Plans for shopping centers or other commercial developments should include acceleration lanes for those patrons leaving their establishments; however, occasionally those lanes are not constructed. The failure to construct parking lots and driveways without acceleration lanes can be the cause of serious motor vehicle accidents and those parties responsible for the faulty construction or design should be held accountable.

American Honda Motor Co. (Honda) is recalling almost 4000 Civic and Accord automobiles manufactured in 2001. The recall was announced by the National Highway Traffic Safety Administration (NHTSA).

The recall is based upon a defect in the drivers side airbag. If the affected bag is deployed in an accident the inflator may rupture. This rupture has the potential to cause metal fragments to be propelled like schrapnel into the passenger compartment of the vehicle and cause injury to the driver or passenger.

This airbag repair will be done free of charge by Honda Dealers. This repair should be done as soon as possible because of the potential injuries that could be caused by the defect.

A fatal bus crash near Victoria Texas earlier in 2008 resulted in an initial investigation by the Houston Chronicle. The Houston Chronicle uncovered some irregularities in the titling of the buses owned by Green River Buses. The initial investigation made it appear as though there may have been an attempt to wash the titles so that they could be licensed in Texas. The Houston Chronicle article has spurred the Federal Motor Carrier Safety Administration as well as Texas Department of Public Safety to investigate the licensing of the company's buses.

There is a concern because at least 17 buses registered to Green River Buses were made in Mexico which has made many question whether they were made or built to U.S. Safety Standards. Representatives of the Department of Transportation have indicated that there are a large number of illegal buses operating in the United States.

San Antonio with its close proximity to Mexico may very have a large number of illegal buses operating on its roads and highways. If a large commercial bus is traveling on San Antonio roads and it is not properly maintained or was never designed with the safety features common to the U.S. it places not just its passengers at risk but everyone on the highway.

According to a recent study by the National Highway Traffic Safety Administration ("NHSTA") Seatbelt use in the United States stood at 83% in 2008. This is an increase of 1% over 2007. Seat belt use rose steadily throughout the 1980's and 1990's; however, in the last 5 years it has remained fairly constant at slightly over 80%.

Seatbelt use in Texas should be slightly higher because Texas is one of 27 States that allow the police to stop drivers for not wearing their seatbelts. However, occupants in pick-up trucks are the least likely to use seatbelts which, because of the large number of pick-up trucks in Texas, may negate the positive effect of the seatbelt law.

The study also explained that lap/shoulder belts reduce the risk of death of front seat occupants in an auto accident by 45% and the risk of moderate to critical injury by 50%. In 2006 it was estimated that seatbelts saved over 15,000 lives.

That "money-saving, high fuel economy" car you just purchased may come with hidden costs. Many Texas drivers, like automobile owners all over the country, are buying smaller, more fuel-efficient vehicles for their transportation needs.
However, one cannot look to fuel-efficiency alone when examining cost savings - what you save in fuel costs, you may pay for in additional insurance rates.

A study by Insure.com, an online insurance brokerage company, was recently reported in the Wall Street Journal (WSJ) and the study found that a 40-year old male driver buying a Mini Cooper (which reportedly gets 37 mpg) would pay over $400 per year more for insurance than if that same driver purchased a Toyota Sienna minivan (which reportedly gets 23 mpg). There are many more examples (Honda Civic vs. Honda CR-V; the Civic gets approximately 10 mpg more, but costs over $400 more per year to insure).

Small vehicles present greater opportunity for injuries when involved in wrecks.
Small vehicles are also more prone to being stolen, according to crime reports gathered by the National Insurance Crime Bureau (NICB). In addition to the traditional methods of rating insurance policies - such as the location of the vehicle, driving history, credit ratings, etc. - many insurance carriers are now bulking rates by make and model. Hybrid vehicles can be even more costly to insure. Many new hybrid models cannot use traditional "after-market" parts, and are therefore much more costly to repair if damages in an automobile accident.

All in all, looking solely at fuel savings is not the answer. Your safety should be the most important consideration; however, fuel savings (and therefore environmental savings) is also an important consideration but it must be balanced against the cost to insure the vehicle.

O.J. Simpson’s recent conviction brings to mind the paradox that occurred when he was found not guilty of murdering his ex-wife but was found responsible for the murder in a civil suit and was ordered to pay millions in damages.

This occurs because in a criminal trial the prosecution must prove their case beyond a reasonable doubt while in a civil suit the plaintiff only has to prove the case by a preponderance of the evidence. This allows a defendant to be found not guilty in a criminal trial but also have a different jury hear the facts in a civil trial and award damages. Most cases that involve both criminal and civil allegations are not nearly as sensational as the O.J. Simpson trial but many involve criminal conduct such as drunk driving.

An example would be when a defendant is in an accident and is also charged with Driving While Intoxicated. If the Defendant is ultimately found not guilty of the DWI or has the case dismissed it is still possible for the plaintiff in a civil suit to prove that the defendant was driving while intoxicated. Bringing forth evidence of the DWI in the civil case is done to clearly establish liability (fault on the drunk driver) and to enhance and highlight the conduct complained of, to seek full redress and compensation in the civil personal injury case.

It is important that your civil lawyer understands the science and statutes regarding DWI. Only with a thorough knowledge of these issues can they be effectively brought before a judge or jury in a civil lawsuit. Likewise, if the drunk driver became intoxicated or impaired at a bar or nightclub, that establishment may have responsibility towards the innocent victim. This is known as Dram Shop Liability. It takes experience and resources to understand the science behind blood-alcohol content, the consumption rate and the rate at which alcohol leaves the blood stream, and the likelihood that a bar tender or other club employee knew or should have known by the actors conduct that they were already intoxicated but were nonetheless served more alcohol.

The recent Metrolink commuter train crash in California raised the awareness level of most people when it comes to using electronic equipment while driving. It has been reported that the train engineer who failed to see a red light, was texting with a teen minutes before the fatal crash. Unfortunately, driving while texting has reached a point where your safety is at risk. First, it should go without saying that it is irresponsible to attempt to engage in a text conversation or communication while operating a motor vehicle. But now, all of us need to be aware that many drivers on the roadway do engage in such risky behavior. A study in the United Kingdom found that driving while texting impairs response and reaction time more than marijuana or alcohol! Visit the RAC Foundation site to view the full study results showing how texting impairs driving.

What does this mean for those of us driving on San Antonio streets? Unfortunately, it means if you are ever in a car wreck caused by someone else's negligence, you may need to subpoena their cell phone records to establish whether they were engaged in a conversation, or worse, texting at the time they hit you. According to the study referenced above, texting impaired the reaction time of 17-24 year old drivers in a simulator by 35%! As a comparison, the reaction time was slowed by 21% after inhaling marijuana and 12% slower after consuming alcohol to the legal limit. The same study found that almost 50% of drivers age 18-24 texted while driving.

Police officers investigating a wreck typically ask, or make their own determination based on an investigation of the circumstances, whether one or more of the drivers involved in a vehicle crash have consumed alcohol or drugs. Now, if the police don't start asking, in cases where fault is disputed or there does not seem to be an otherwise clear explanation, your attorney may need to consider inquiring and issuing a subpoena for these important cell phone records to determine just what may have been distracting the driver that hit you.

A frequent but undiagnosed heart injury can be caused by impacting your chest against the steering wheel of an automobile during an automobile accident. Serious injury to the heart can be caused even though there appears to be no external sign of injury. The most common injury to the heart is a myocardial contusion, or bruising.

1 - bruise of the heart muscle

Myocardial contusion may cause arrhythmias, or other electrocardiographic abnormalities resembling an infarction. It is important to keep in mind that changes in heart function or readings of heart function can be caused by an auto accident where someone suffered blunt force trauma to the chest. Some of the manifestations can occur weeks and even months after the traumatic event. Some typical symptoms to be aware of include chest pain, shortness of breath or an irregular heartbeat. In a severe impact, bruising of the heart muscle can lead to serious consequences.

More serious injuries are possible but occur less frequently. Possible injuries include rupture of vessels or ventricles or tearing of pericardial vessels or arteries. Some of the more serious injuries can cause instant death or rapidly progressive heart failure.

If you are in a serious car accident and hit your chest on the steering wheel, dash, or even took the full force of the airbags, it is advisable to convey to your medical providers any perceived changes in cardiac function even if you have no visible injuries.

There have been several recent stories in the San Antonio news media involving hit and run automobile accidents. The trauma inflicted by a hit and run driver, and the injuries suffered by a victim of hit and run drivers in San Antonio, Texas can be devastating. Unfortunately, the pain and injury can be compounded unless the victim carried uninsured/underinsured motor vehicle protection coverage on their personal auto insurance. If the perpetrator flees the scene, and the victim cannot identify the hit and run driver in order to make a claim against the perpetrator's insurance, the only available option may be if the victim had uninsured/underinsured protection.

Uninsured/underinsured motorist insurance protects you, and your family riding in your vehicle, from persons that cause an accident and either do not have insurance, or do not have enough insurance to pay your hospital and doctor bills, lost time at work, and other recoverable losses under Texas law. Likewise, if another driver hits your vehicle causing a wreck, and then flees before they can be identified, the uninsured coverage on your policy will protect you and pay those losses.

Uninsured/underinsured coverage is usually very economical, and much less than the cost of the original liability policy that Texas law requires drivers to maintain. By adding this valuable insurance coverage to your policy, you can protect yourself and those traveling in your vehicle. If injuries are sustained, your losses and the damage to your vehicle can be protected on your own insurance policy and you can prevent yourself from being victimized twice.

Texas law requires that this coverage be offered to you, and you must sign a waiver of this coverage when purchasing auto insurance. Before you conclude that you do not have this coverage, you or an attorney on your behalf, should verify that a signed waiver of this important insurance coverage exists.