If you’ve read this blog at all, you know that we closely follow stories about wrong way drivers because this is a phenomenon that seems like it should never happen, and yet it’s becoming routine.

This morning, a San Antonio police officer, Officer Stephanie Brown, was tragically killed along I35 when a wrong way driver slammed his SUV into her patrol car.   

This wreck fits the pattern of most wrong way driver incidents — the wreck happened early in the morning and the wrong way driver was potentially drunk.  Most of these wrong way driving cases are late night accidents involving drunk drivers or are caused by elderly drivers.

This case is an example of one of my biggest concerns about these kinds of wrecks — there’s almost nothing you can do to avoid being in a wreck with a wrong way driver.  And here, the victim was a police officer, someone who likely had special training to avoid auto accidents, and she couldn’t avoid this tragic situation.

Our thoughts and prayers go out to Officer Brown and her family and friends, but sadly, Officer Brown won’t be the last victim of a wrong way collision.  As more and more complex highways and interstate interchanges are being built in the Central Texas area, stories about wrong way drivers are becoming more and more prevalent. 

Some of my previous posts on wrong way drivers are: 

• Another Wrong Way Driver Wreck in Dallas
• Another Austin Wrong Way Driver Wreck
• Another Wrong Way Driving Death in Austin
• Wrong Way Driver in Austin
• Car Wrecks Caused By Wrong Way Drivers Are Causing Too Many Fatalities

I’ve written about hit and run accidents before, but the problem just seems to be getting worse. 

The Austin American Statesman is reporting on two more hit and run accidents from last week.

In the first accident, Lacey Marie Seljos was charged with intoxication assault and failure to stop and render aid after she allegedly hit a bicyclist just off of I35 last Thursday morning.  Fortunately for the victim, a police officer saw the wreck and was able to stop Ms. Seljos.  She was apparently so intoxicated that she didn’t know that she had hit anyone.

The second victim wasn’t as fortunate.  Friday morning an elderly man was struck and killed while walking on the I35 access road.

As I’ve written before, in most hit and run cases, the other driver is never found.  But just because you can’t find the driver doesn’t mean that you can’t obtain a recovery.  If you own a vehicle and purchased uninsured/underinsured motorist coverage on your insurance, that policy will likely provide you an avenue of recovery.

In fact, I just resolved a similar case.  Our client was a bicyclist who was hit by a car.  The driver stopped, but gave our client false information.  Even though she was riding a bike, she was able to make a claim on her uninsured motorist policy covering her car.  And even better, through some hard work, we were able to identify the driver of the vehicle and ultimately make a claim against his insurance.

So if you’re the victim of a hit and run accident, don’t give up.  There are potential avenues for recovery.

Last week, the federal government announced new plans to allow more Mexican trucking companies to have access to US highways.   Other than some limited trials, Mexican trucks have been limited by law to only driving within 25 miles of the US/Mexico border.  But under the new proposal, the trucks could continue on into the United States.

This has huge implications for Austin and the rest of Texas.  If you’ve driven on I35, you know that 18 wheelers make up a significant portion of traffic.  A large part of that has to do with NAFTA and international trade with Mexico. The Texas Transportation Institute at Texas A&M has provided quite a bit of information on Texas trucking traffic. According to TTI, in 1995, 739,800 trucks entered Texas by border crossing. By 1999, that number was up to approximately 2,300,000, and that number continues to increase. By TTI’s estimate, truck tonnage will double over the next twenty years. Overall, US-Mexico truck trade value over Texas highways represents a stunning 10% of the value of all US international trade.  Most of that comes via I35 and comes right through the Austin area.

And the problem will only get worse.  In 2003, more than 2,500 trucks per week traveled through Austin with NAFTA trade. But by 2020, it’s estimated that number could increase to 7,500 to 15,000 trucks per week traveling I35 through Austin and Central Texas.

There are definitely safety concerns with the proposal.  What additional resources, if any, are going to be pledged to help ensure that Mexican trucks comply with US and Texas regulations?  I’m not sure, and I don’t think they’ve been worked out yet.  The biggest thing we fear is a rash of new trucking accidents, not only in the Austin-area, but all up and down the I35 corridor.

We previously posted about this issue in 2007 when this issue was in the news then.  You can read that post which has a little more information about the risk of additional trucking accidents posed by this action.

If you or a loved one has been injured in a trucking accident and want to learn about your rights, please call us at (512)476-4944 or submit your case on this website.  Brooks Schuelke will be happy to help answer your questions and to try and help you avoid mistakes that can ruin your claim.

There was a sad car wreck in New Braunfels this week that led to this post.  Two older women were driving on I35 in New Braunfels near Rueckle Road when their car was cut off by a red sedan.  The driver swerved to avoid the red sedan, and eventually ended up having a wreck.  The two older women were both airlifted to University Hospital in San Antonio. 

What type of claims might the women have for the injuries sustained in the car wreck?

If they can find the driver of the red sedan, the two women would obviously have a claim against that driver. 

But if the other driver can’t be found, then the women may have a claim against any uninsured/underinsured motorist coverage that they have, but things are very tricky.  Generally, uninsured/underinsured motorist coverage, which you can purchase when you buy car insurance, will cover you in a hit-and-run accident.  But “hit” is the operative word here.  If the red sedan hit the women’s vehicle then they would be able to make a claim.

However, Texas has a contact requirement.  If the red car didn’t come in contact with the women’s vehicle, then they likely don’t have a claim on the uninsured/underinsured policy.  This exclusion is complicated and is the subject of a lot of caselaw.  Unfortunately, it’s also caused a lot of heartache for a lot of clients who don’t get to assert claims that cause them real injuries.

Kudos to public safety officials in Massachusetts for their hard work in reducing trucking accidents.

Three of the biggest safety hazards presented by the trucking industry are (1) too heavy of loads — which makes it more difficult to safely control the trucks; (2) improperly maintained vehicles; and (3) truckers driving beyond the allowed number of hours.

Police officers have long known that face inherent problems in trying to remedy these issues.

A story in yesterday’s Boston Globe talked about the problems and some of the measures that Massachusetts is taking to improve safety.

When talking about the problem, the story noted:

When a station is operating — we’ve all seen those illuminated open and closed signs — vehicles that meet the criteria must pull over or face a $500 fine. Theoretically, police just open shop and let violators come to them.

In reality, it doesn’t work that way. The moment a weigh station opens, truckers are on their CB radios spreading the news. Drivers with no alternative may pull over until the “closed’’ sign lights up. A company might even delay shipments to avoid inspections.

“It becomes a game of cat and mouse,’’ says Sergeant Peter Littlefield, head of truck enforcement at the State Police barracks in Concord. “A lot of the guys you get are the good guys. The bad guys go around you.’’

The story also pointed out:

Federal law prohibits truckers from driving more than 11 straight hours, but drivers frequently lie about shifts in order to make more money, police say.

But Massachusetts is fighting back.  Instead of the standard weigh stations, the state police have started using portable weigh stations that they can set up at known problem areas or at random points along the road.  And when they do it, they take the enforcement seriously.

The program seems to be working.  The number of fatal trucking accidents has decreased by 20 percent in recent years so that Massachusetts now has the lowest fatality rate in the country for accidents involving commercial vehicles.

Maybe we could use a little of that program in Texas?

IH 35 is a bit unique in that it spans from the southern border with Mexico to the northern border with Canada.  But no matter where you are along the highway, you face a grave danger of being involved in a trucking accident.  And yesterday’s Minneapolis Star Tribune had a good article, based in large part on an I35 truck wreck, about one of those risks — tired truck drivers.

For the most part, truck drivers are supposed to be limited in the number of hours they can drive.  In 2005, the hours-of-service rules were amended to require a little more rest for drivers.  Since that time, the number of fatal trucking accidents has decreased.  But it’s still a problem.  From the article:

While things are headed in the right direction nationally, annual fatalities in big truck wrecks are still the equivalent of a jetliner crashing once a week, said Steve Keppler of the Commercial Vehicle Safety Alliance.

“If that many plane crashes were happening,” Keppler said, “people would be up in arms and the air traffic system would be shut down.”

And a lot of these trucking accident fatalities are caused by fatigue.  You need look no further than the 2005 legislation to see how fatigue contributes to trucking accidents.  While the 2005 legislation lowered hours-of-service for most drivers, it also exempted a number of drivers, including those in the agricultural, utility and construction fields.  While the rate of fatalities have gone down since the new rules, the accidents involving utility trucks are up 57 percent since their drivers were exempted.

And much of the trucking industry continues to put its head in the sand and say that weary drivers aren’t a problem.  In the article, the spokesman for the American Trucking Association called wrecks caused by fatigue “a very small problem.”  The trucking industry also sued the Minnesota State Patrol in 2009 to stop police from using a “fatigued driver checklist” to keep truckers off the road.

It’s this attitude that makes trucking cases so interesting.  Because of regulations, drivers are required to keep a log of their driving time.  But in many cases, the log is altered or the drivers maintain two or more logs to help hide the amount of time that they’re really driving.

Maybe the problem was best summed up by an unidentified driver in the article:

I don’t get paid while I’m sitting waiting to load and unload.  My fixed costs doesn’t allow me to run legal…I sleep four hours a night.  It isn’t out of choice.  It’s finances.

I beg to differ.  It is a choice.  And it’s a choice that’s putting all of us at risk.

I received a news story of a trucking wreck on IH 35 in Oklahoma where two gentlemen, Phillip Martin and Brian Robertson, were having car troubles.  They pulled over to the side of the road, got out of their vehicle, and went to sit against the passenger side of their truck in the shade until help could arrive.  Unfortunately,  a truck driver came along, hit the disabled truck, and killed Mr. Martin.

This is but the latest example of how dangerous it can be to be parked on the side of the road.  Almost all of us have to pull over at some time or another.  We may have car trouble, run out of gas (that’s included for my mom), or have a child or passenger that needs you to pull over so they can throw up (as happened to one of my kids recently).  Regardless of the cause, many of us have found times when we needed to pull over. 

 Unfortunately, motorists have a tendency to look at disabled vehicles or other cars pulled over on the side of the road, and when motorists look over in that direction, their cars tend to drift in that direction, creating a significant risk of collision and injury.

Perhaps the best examples of these dangers is from police traffic stops.  Police officers have long realized the dangers of being stopped on the side of the road.  For example, from 1993-2002, law enforcement officials estimate that 681 officers were killed in accidents involving traffic stops.    Police departments across the country are now working on a number of solutions to help minimize these risks.  Some of the things discussed include policies on how officers should position vehicles, how cars can be modified to provide the best visibility, to legislative solutions (such as the Texas law requiring motorists to significantly slow down when passing a traffic stop).

For other drivers, technology is helping with the risk.  A number of car manufacturers are are investigating or starting to equip their vehicles with lane departure sensors that let drivers know when they might be inadvertently drifting into other lanes.  A good summary of these can be found in this Wikipedia article.   

But until that technology becomes common, it’s critical that all of us pulling over be cautious and aware of what’s going on around us.

It’s one of the biggest weekends in town.  Where else do you have 200,000+ motorcycle riders gather?  And have concerts featuring Bret Michaels, Blood Sweat & Tears, Blue Oyster Cult & Gallagher? 

That’s right!! This weekend is once again time for the Republic of Texas Biker Rally.

And while the bikers like to descend into Austin, and the rest of us watch with amazement, it seems that every year is also accompanied by tragedy. 

Let’s try and make this year different.  Both bikers and motorists need to be aware of the increased traffic that will be around this weekend, and we all need to be careful.

As is almost a tradition, I’m again posting the Motorcycle Safety Foundations top ten things that drivers need to know about motorcycles:

1. There are a lot more cars and trucks than motorcycles on the road, and some drivers don’t “recognize” a motorcycle; they ignore it (usually unintentionally). Look for motorcycles, especially when checking traffic at an intersection.

2. Because of its small size, a motorcycle may look farther away than it is. It may also be difficult to judge a motorcycle’s speed. When checking traffic to turn at an intersection or into (or out of) a driveway, predict a motorcycle is closer than it looks.

3. Because of its small size, a motorcycle can be easily hidden in a car’s blind spots (door/roof pillars) or masked by objects or backgrounds outside a car (bushes, fences, bridges, etc). Take an extra moment to thoroughly check traffic, whether you’re changing lanes or turning at intersections.

4. Because of its small size a motorcycle may seem to be moving faster than it really is. Don’t assume all motorcyclists are speed demons.

5. Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance, say 3 or 4 seconds. At intersections, predict a motorcyclist may slow down without visual warning.

6. Turn signals on a motorcycle usually are not self-canceling, thus some riders, (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle’s signal is for real.

7. Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off or to allow you to share the lane with them.

8. Maneuverability is one of a motorcycle’s better characteristics, especially at slower speeds and with good road conditions, but don’t expect a motorcyclist to always be able to dodge out of the way.

9. Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can’t always stop “on a dime.”

10. When a motorcycle is in motion, don’t think of it as motorcycle; think of it as a person.

Words aren’t often enough.  The video below is powerful if you can get past the fact that it’s from Europe and they’re driving on the wrong side of the road.

I often have the misfortune of telling potential clients that I can’t help them because they didn’t come to us soon enough.  Clients often think they’re doing great to call us several months before a statute of limitations runs.

But that’s not always enough notice.  A number of cases require immediate attention.  For example, in a premises liability case, for best results, we need to be able to inspect the scene as close to the date of the accident as possible.  When conditions change, it’s hard, if not impossible, to go back and recreate who was at fault.  Sometimes clients can take photos and document the scene so that we do those types of investigations, but it’s safer to get the expert and attorneys out there before any changes are made.

And don’t get me started with trucking cases.  In a serious trucking case, the trucking company will have its experts at the scene, inspecting vehicles, etc within a few hours.  That’s a huge advantage.  An injured person obviously won’t be able to timely research a trucking case unless they hire an attorney early.

Even in some of the most basic car wreck cases, early investigation can be important.  Police officers investigate hundreds of accidents per year.  You don’t need to talk to them in every case, but when you do, you need to talk to them early so they remember the wreck you were in.

So that’s the answer.  Talk to a personal injury lawyer early.  Once you miss the time to do investigation, you can’t get that back.

Waiting too long to contact an attorney is only one of many mistakes that accident victims make that can hurt their claims.  If you’ve been injured in a Texas accident and you want to avoid those mistakes, order our free book HOLDING WRONGDOERS ACCOUNTABLE: Avoiding Mistakes That Can Ruin Your Texas Accident Claim.  We’re on a mission to make sure that insurance companies and other lawyers don’t take advantage of accident victims, and a lot of the advice in the book is designed to prevent that from happening.

Earlier this week, Eliot Alfred Carvajal, was allegedly driving drunk and led Austin Police Department officers on a police chase (with speeds exceeding 100 miles per hour) that started in North Austin on I35 and ended in a fatal collision in South Austin near Brodie Lane.  As the car neared Brodie, Carvajal lost control of the vehicle and wrecked.   One  unindentified passenger in the car was killed, and two others were seriously injured. 

Earlier this month, a Fayette County police chase also ended in a fatality when the driver of the car apparently shot himself while driving. 

While neither of these resulted in collateral damage — injury to those uninvolved in the chase — they do raise the question about whether these type of risks are acceptable.  Do we want innocent people — kids, soccer moms, teachers, etc — put at risk by law enforcement officials engaging in high speed chases?  For example, last September, an innocent Austinite was killed in a police chase after the SUV the police were chasing hit him head on.   Later that month, an innocent pedestrian was seriously injured following another chase.

Sadly, Austin isn’t unique.  Ironically, USA Today ran a feature story just a few days ago detailing the risk of high-speed chase policies.  Their study found that one-third of those killed in high speed police chases are innocent bystanders, and those numbers may be underreported because there is no mandatory reporting system for deaths in pursuit cases.  As a result of these injuries, police departments and governmental agencies across the country are looking at modifying policies relating to police chases. 

But where does that leave us?  Do we continue to have a number of Central Texas high-speed chases?  Do we ask law enforcement to consider using safer alternatives?  Do we draw the line and say “no high speed chases”? Or do we say, “we’re Texas, and we’re catching the criminal regardless of the cost?” 

Only time will tell.