Schuelke Law Firm Discusses Austin’s High Rate of Drug and Alcohol-Related Accidents

Experienced Austin personal injury attorney Brooks Schuelke reviewed the most recent findings from the Vision Zero program. Austin’s Vision Zero program aims to reduce and ultimately eliminate traffic-related fatalities and severe injuries in Austin, Texas. The program is part of a broader global movement known as Vision Zero, which prioritizes safety and aims to create road systems free from severe and fatal crashes.

What is Austin’s Vision Zero Program

The Vision Zero program focuses on redesigning streets and intersections to make them safer for all road users, including pedestrians, cyclists, and motorists. This may involve adding pedestrian crosswalks, improving signage, and implementing traffic calming measures. The program uses data analysis to identify high-risk areas and factors contributing to traffic accidents. Further, the program includes educational campaigns to raise awareness about safe road behaviors and the importance of traffic safety. This includes efforts to discourage behaviors like speeding and distracted driving. The program works closely with law enforcement agencies to enforce traffic laws and regulations, especially in high-risk areas. This can involve increased police presence and stricter enforcement of speed limits and other safety regulations.

How Does Vision Zero Examine Safety Trends? 

Vision Zero staff conducted a comparison of data from both state and county sources to assess how agencies documented drug and alcohol use among 448 crash victims. They examined CR-3 crash reports and Travis County Medical Examiner’s Office (TCME) toxicology reports, which provide specific test results for alcohol and drugs. The staff categorized each fatality as either a “yes” or “no” for drug or alcohol involvement across the reporting agencies’ data.

In this analysis, any positive drug test result, regardless of concentration, was marked as a “yes,” with the top three detected drugs being THC, amphetamines, and cocaine. Additionally, a BAC equal to or greater than .08, which is considered legally intoxicated in Texas, was counted as a “yes.” However, it’s important to note that it’s not necessarily illegal for a person, such as a pedestrian or passenger, to have a BAC at or above .08 unless they are driving a motor vehicle.

While there is a correlation between drug or alcohol use and fatal crashes, it’s essential to understand that this analysis does not attribute causality to specific cases. However, the results indicate that the involvement of drugs and alcohol in traffic fatalities is significantly greater than what is indicated by traditional crash reports.

Data Finds Underestimation of Drug and Alcohol Involvement in State Crash Reports

Recent reports indicate that compared to the medical records in Travis County, state crash reports for traffic fatalities significantly underestimate the percentage of fatal crash victims who were found to have used drugs or had a BAC of .08 or higher.

The Travis County Medical Examiner’s Office found that a significant portion of traffic fatalities, ranging from 64% of passenger fatalities to 100% of micromobility fatalities, had either a BAC at or above .08 or had used drugs. Vision Zero analyzed this information to improve their understanding of the main factors related to fatal and serious injury crashes in Austin. It is important to note that this analysis doesn’t suggest that impairment was the sole cause of these crashes but highlights the limitations of relying solely on crash reports to comprehend the primary contributing factors and behaviors in severe accidents. The analysis was based on a review of crash reports from the Texas Department of Transportation’s Crash Records Information System (CRIS) and toxicology reports from the TCME. 

Comparative Negligence and Impaired Accident Victims

Texas uses the legal principle of comparative negligence. This means that if someone gets injured in an accident and is partially responsible for the incident, they can still pursue compensation for their injuries, but the amount they receive will be decreased based on their degree of fault. However, there’s a crucial limit in Texas referred to as the “51% Bar Rule.” Under this rule, if an injured party is found to be 50% or less at fault for the accident, they can recover damages proportionate to the other party’s degree of fault. If the injured party is determined to be 51% or more at fault, they are barred from recovering any damages. 

In light of Vision Zero’s findings, accident victims will likely face heightened scrutiny after a crash. As such, it is more important than ever that Texas accident victims consult with an experienced attorney after a collision. 

For 20 years, the Austin personal injury attorneys at Schuelke Law have been helping accident victims and their families recover damages and get their lives back. Schuelke Law helps accident victims and their loved ones get the respect and compensation they need, deserve and are legally entitled to after a life-changing accident. Those interested in learning more about pursuing a personal injury lawsuit can reach out to Schuelke Law to set up a free, no-obligation consultation.