Austin Personal Injury Blog

U.S. DOT Raises Standards for Trucker Medical Examiners

2012-05-01T12:00:00Z

The unique dangers of a motor-vehicle accident involving a semi truck or coach bus are well known and obvious. No one can deny the high potential for serious injury and fatalities in an impact with an object that weighs tons and travels at highway speeds.

That danger puts the importance of the health of commercial drivers in perspective. Anyone who operates a large commercial vehicle should be in good health in order to drive as safely as possible for the good of him or herself and the traveling public.

Health problems can cause dangerous symptoms like loss of consciousness or severe fatigue while driving. To increase the chances that commercial drivers will not be in bus or truck accidents due to health problems, the U.S. Department of Transportation recently issued new rules requiring a special certification process for medical examiners of interstate truckers and bus drivers. The new regulations will require that these important medical professionals receive specific training on the medical conditions that most negatively impact driving ability.

]]> The new certification process will be developed by the Federal Motor Carrier Safety Administration and certified health care examiners will be listed in a national database on the Internet: the National Registry of Certified Medical Examiners. The FMCSA's new standards will be released in mid-May 2012.

Drivers of interstate commercial buses and big rigs are required to maintain medical certifications as part of their commercial drivers licenses. By May 21, 2014, all federally certified examiners must be in the National Registry and drivers may only go to those approved examiners for their required health checks.

The new rule is a big deal; according to TheTrucker.com, about 3 million interstate truck or bus driver medical examinations are given annually. Some of the health conditions examined include vision and hearing acuity, heart and lung function and so on.

Source: TheTrucker.com, "DOT announces national medical examiners final rule," Kevin Jones, April 18, 2012.

FATAL MetroRail Accident in Austin

2012-04-30T17:44:25Z

AUSTIN -- One person is dead after a Capital Metro commuter train hit a car in North Austin.

The accident happened just before 8 a.m. at 3300 Oak Creek Drive near South MoPac and Parmer Lane.

Police say a 32-year-old man was driving when he pulled out of a private driveway and was hit by the MetroRail train. The impact pushed the car down the tracks. The driver was pronounced dead at the scene. Two boys injured in the car were taken to Dell Children's Hospital. Officials say it appears their injuries are non-life threatening.

Spc. Jeffrey Hinojosa, who works at Camp Mabry was the first person on the scene. He helped rescue the two children from the car.

"The second child, I didn't know he was in there until the other guys came on to the scene. They were saying there was another child in there. We began hearing him scream, they broke the back window and by then I just grabbed the door handle. I thought he said it was jammed, and I just pulled it open. Three other guys went in there and cut it out, cut him out, cut the seatbelt off and stuff and got him out," Hinojosa said.

"I saw a little boy he was like 'ahhh' and he had blood and stuff coming down his face and was running toward the military guy and then you know ambulance and stuff started showing up." train passenger Jordan Hopkins said.

The train was packed at the time. Capital Metro spokesperson Erica McKewen says there were 128 people on board, including the engineer. Those passengers described hearing the horn sound, then feeling the train slow down. Moments later they felt a jolt and then saw debris and dust fly up.

"We knew that we hit something and then we saw dust careening on the side of the train," one passenger said.

Hopkins says he looked out the window and saw drivers on the frontage road pulling over and running toward the front of the train.

Capital Metro dispatched six buses to transport the rest of the passengers to their destinations. Paramedics took one woman to the hospital for an injury that they say wasn't related to the crash.

Austin Police spokesperson Sgt. David Daniels says officers are investigating. Witnesses described hearing the conductor blow the train horn. The small white car pulled out from a private drive. McKewen said the road is one of 13 private crossings and doesn't have crossing arms to protect drivers from oncoming trains. Instead, she said there are several warning signs, including a stop sign and a train crossing sign. McKewen said conductors don't typically blow their horns as they pass through intersections.

Capital Metro reported that trains were still running Monday between Leander and Lakeline and Kramer and downtown Austin, but schedules would be impacted. Officials say MetroRail will be up and running this afternoon.

The agency hasn't identified the driver or said what disciplinary action will be taken, if any.

This is the third collision involving Capital Metro's rail and the first fatality.

Published KVUE.COM

Fatal Trucking Accident in Austin

2012-04-30T17:42:19Z

kvue.com

Posted on April 30, 2012 at 7:23 AM

Updated today at 11:12 AM

BUDA, Texas -- A fatal accident shut down Interstate 35 near Buda Monday morning.

The Department of Public Safety says the accident happened around mile marker 223 early Monday morning. Officials say it involved an overturned 18-wheeler truck.

Southbound traffic was backed up on the highway around FM 1626 for hours.

DPS trooper Robbie Barrera says Buda police are investigating how the accident happened.

May is Motorcycle Safety Month in Texas

2012-04-24T20:45:31Z

During May the Texas Department of Transportation is conducting a motorcycle safety campaign entitled, "Share the Road." Many of us have probably seen the bumper stickers that read, "Start Seeing Motorcycles." Like the bumper sticker the Share the Road campaign reminds other drivers to lookout for motorcyclists and will hopefully help prevent motorcycle accidents.

Highway safety during motorcycle season for motorcycle riders and other drivers on the road is based on awareness of road and traffic conditions. Motorcyclists need to aware of changing traffic and road conditions because their smaller vehicle size makes them more vulnerable to sudden changes, and motorists should take extra effort to be aware of their surroundings because motorcycles have smaller profiles than other oncoming vehicles.

Seasoned motorcycle riders say motorists often over look motorcycles on the road because too often drivers are focused only on the car in front of them. Instead, drivers should try to look at the entire road and not just the car they are behind. To better help motorists see them, motorcyclists should wear bright clothes when riding. The practice of good driving habits is especially important as the number of motorcycle riders in Texas increases.

]]> Over the last decade, the number of motorcyclists on roads in Texas has doubled, and the larger number of motorcyclists on Texas roads means there is a greater risk of car and motorcycle accidents. Over the last two years the number of motorcycle fatalities has increased in Texas. In 2010, there were 429 motorcycle fatalities, and last year 470 motorcyclists died in traffic accidents.

Source: cbs19.tv, "Texas Department of Transportation Launches 'Share the Road' Campaign," April 10, 2012

Fatal ATV Accident

2012-04-02T18:42:55Z

Man killed after ATV flips over in ETX county

A Vidor man is dead after an ATV accident Saturday night.

According to Jasper County Sheriff Mitchell Newman, Donald Gobbet, 49, of Vidor, was heading towards Kemp at the time of the accident.

Newman says officers were called to an area near the intersection of FM Rd. 252 and County Rd. 317. He said the three-wheeler Gobert was driving flipped over and landed on top of him.

Gobert was pronounced dead by Justice of the Peace Steve Connor.

Remember, if you have been seriously injured in an accident, or if you have lost a loved one in an accident, we can help. We are personal injury and accident specialists. We handled serious and fatal accident cases on a contingent fee basis. You pay no fee unless we make a recovery for you.

Contact us today for a free consultation.

East Texas Teen Seriously Injured in Auto Accident

2012-03-28T21:26:09Z

East Texas teen in serious condition following Tuesday wreck

By Christel Phillips

DIBOLL, TX (KTRE) - A Diboll teenager is still in serious condition after a wreck on U.S. 59, south of Diboll, Tuesday evening.

Alexandra Guzman, 19, was reportedly driving a white Pontiac Grand Am coming east from Maynard Street when she pulled out in front of a Dodge Ram truck driving southbound on U.S. Highway 59 around 6:30 p.m.

Two other passengers were riding in the vehicle with Guzman.

Candice Bailey, 18, and Guzman, were transported to Memorial Hospital in Lufkin.

Bailey reportedly suffered a broken arm; Guzman was treated for minor injuries.

Both have been released.

Diarra Evans, 15, was riding in the back seat of the Grand Am, according to Diboll Police Officer Lazaro Robles. She appeared to be seriously injured and non-responsive.

Evans was flown by helicopter from the scene to ETMC Hospital in Tyler.

Tarvia Evans, the sister of Evans, contacted KTRE Wednesday morning. She said Diarra was in a coma.

Diboll Police said Evans is in the intensive care unit, but they were unable to confirm her medical condition.

The driver of the truck, Shanna Issacks of Moscow, suffered minor injuries. "I am a little shaken up, but I'm okay," Issacks said.

It is unclear if the occupants in both the car and pickup were wearing seat belts.

The accident is still under investigation.

Fatal Trucking Accident in Austin

2012-03-28T14:03:04Z

Fatal Trucking Accident in Austin

Fuel tanker crash leaves one dead, two injured Another Trucking Accident fatality in Austin.

By Claudia Grisales | Wednesday, March 28, 2012, 05:41

Austin American Statesman

One person was killed and two others were injured in an overnight crash involving a fuel tanker in southeastern Travis County, emergency officials said Wednesday. Another trucking accident in Austin.

The driver of the fuel tanker is believed to have died in the crash with a passenger vehicle that happened about midnight near the intersection of Texas 130 and Maha Loop, officials said.

The tanker truck, carrying gasoline, is believed to have been traveling south along the Texas 130 service road toward the intersection at Maha Loop before crashing with a vehicle carrying a mother and her son, said Austin Fire Battalion Chief Palmer Buck. Buck said he believes the passenger vehicle was traveling along Maha Loop before the crash.

The crash caused the tanker to overturn, which sparked a fire and drew a hazardous material call for Austin fire crews.

Austin-Travis County Emergency Medical Services crews took the mother and son to University Medical Center Brackenridge in serious condition.

The intersection and the U.S. 183 southbound exit of Texas 130 will remain closed for the remainder of the morning, officials said. Austin fire crews were working to clean up the scene of the gasoline spill.

Also, the road was damaged and must be repaired and repaved, Buck said.

Watershed and state environmental quality officials were also on scene as a precaution to address any concerns of contamination of fuel into nearby storm drainage systems, Buck said.

The Texas Department of Public Safety will take over the investigation, Buck said. For original article click here.

For more information on trucking accidents see our web site: Colley Law Firm

Trucking Accidents Require Detailed Investigation

2012-03-24T14:51:17Z

If you know of anyone who has been involved in an accident with a commercial trucking company, or who has a family member so involved, you should be aware of some of the problems that exist in investigation of these serious accidents. Professional truck drivers are required to keep detailed records of their hours on the road, their amount and times of rest and their total miles traveled in a given time. The problem does not really exist with what they are 'supposed to do', but with what they sometimes (all too often) 'actually do with regard to their record keeping.

Over the years we have seen many cases involving serious or fatal trucking accidents in which we ultimately learned that the truck drivers either kept improper or falsified records or they kept two sets of records. One for the review by Texas Department of Transportation and the Texas DPS and one for their own purposes. These false records can make investigation of a serious trucking accident very difficult. And it is very important that the family of an accident victim, or the victim themselves, contact a qualified attorney to begin an investigation into these deadly accidents as soon as is possible. The earlier a victim's attorney can get involved, the better the chances are that they will uncover the true facts regarding the accident and the truck driver's conduct.

If you or a loved one has been the victim of a serious trucking accident, be sure to hire a qualified attorney as soon as you can. You will need them, and you will be glad you did.

If you have questions about your accident, please get in touch with us. We offer a free initial consultation and we are happy to answer your questions.

Paul Colley, Jr.

Board Certified-Personal Injury Trial Law

Texas Board of Legal Specialization

Austin, Texas

Man Killed on North Lamar

2012-03-15T22:36:15Z

March 5, 2012

MAN HIT BY CAR, KILLED ON NORTH LAMAR ON THURSDAY NIGHT

Monday update: Police have identified the man killed in car collision Thursday as Ricky Darnell Perkins, 48.

Earlier: A man was hit by a car and killed on North Lamar Boulevard on Thursday night, according to a release by the Austin Police Department.

Around 7:10 p.m., officers responded to an auto-pedestrian crash on North Lamar near Kramer Lane, the release said.

According to the release, a preliminary investigation shows that a 2004 Blue Ford Expedition was traveling south on North Lamar and started making its way into the center turn lane to turn left into a parking lot, when the vehicle hit a pedestrian who was kneeling in the center lane next to his bicycle, which was lying on its side.

The pedestrian was pronounced dead at the scene, the release said.

Anyone with information is asked to call APD Vehicular Homicide Unit Detectives at (512) 974-4779. This is the 12th traffic fatality of 2012. At this time in 2011, there were 10 traffic fatalities.

Story published by Austin American-Statesman

Fatal Accident in Travis County

2012-03-14T22:03:41Z

One dead in wreck near Hamilton Pool

By Patrick George | Wednesday, March 14, 2012, 01:30 PM

Update 1:30 p.m.: One man died in a single-vehicle wreck on Hamilton Pool Road this morning, DPS officials report.

Officials said that 27-year-old Brandon Scott Bowles was driving a 2004 Honda Civic westbound in the 22100 block of Hamilton Pool Road around 7:30 a.m. The car drifted into the oncoming lane, over-corrected, left the roadway and then rolled over several times, officials said.

Bowles, of Rockwall, was ejected from the car and died at the scene, officials said. He was not wearing a seat belt, officials said. He was the sole occupant of the car, and no one else was involved, officials said.

Earlier: Texas Department of Public Safety officials are investigating a fatal wreck onHamilton Pool Road near Stagecoach Ranch Road from earlier this morning.

Officials had no immediate information about the crash, including how and when it happened, but said it appears to be fatal.

Victim of Motorcycle Accident is identified

2012-03-06T19:07:39Z

Details Released On Crash That Killed Motorcyclist SaturdayPolice have released more details on the crash that killed a motorcyclist in North Austin early Saturday morning.

Austin police have still not released the victim's name, but describe him as a 27-year-old black man.

Investigators say he was killed when he lost control of the 1997 Ducati he was riding eastbound while going around a curve in the 1700 block of Rutland Drive. He hit a sign and a parked vehicle in a driveway after leaving the roadway, according to police.

He was taken to University Medical Center at Brackenridge Hospital where he was pronounced deceased. Police say the man was wearing a helmet.

Anyone with information regarding this incident is asked to call APD Vehicular Homicide Unit Detectives at (512) 974-4779.

This is Austin's 14th traffic fatality of 2012.
Reprinted from KEYE TV

Brain Study Reveals Drunk Drivers Unlikely to Care About Mistakes Made on the Road

2012-03-05T20:12:49Z

Texas residents might be surprised by a recent study that reveals alcohol-impaired individuals that get behind the wheel of a car aren't likely to care about the mistakes they make-even if it means it might harm someone if an auto accident occurs.

In the study conducted at the University of Missouri, three groups of individuals aged 21 to 35 were given a computerized task that was designed to elicit mistakes on the behalf of the participants. The three groups consisted of the following:

Group one consumed enough alcohol to set their blood level right below the .08 legal driving limit
Group two consumed a placebo beverage in which they did not know whether there was alcohol
Group three consumed beverages without alcohol

]]> Researchers found that those consuming alcohol were just as likely as those that were sober to realize when they had made a mistake. However, the alcohol-impaired individuals felt reportedly "less negative" upon making mistakes. The individuals who had not consumed alcohol would slow down after making a mistake and take the appropriate action to proactively prevent the mistake from happening again.

There is a part of the human brain that is responsible for monitoring behavior. In a sober situation, when no alcohol has been consumed, the activity in this part of the brain will increase if a mistake is made. It will send a notification to other parts of the brain that something has gone wrong.

The participants consuming alcohol not only exhibited a lack of care when they made a mistake, but they did not slow down or act more carefully or cautiously as they continued with the task.

Not everyone is surprised by these findings. Trauma surgeons say that sometimes up to 50 percent of patients from traffic accidents were injured in an accident where alcohol was involved.

Source: http://www.stltoday.com/lifestyles/health-med-fit/fitness/drunks-aware-but-don-t-care-study-shows/article_bdddce46-23e5-53a8-b095-d8c205a84319.html

Biker Killed in North Austin

2012-03-02T16:52:20Z

Bicyclist killed in North Austin

By Jazmine Ulloa | Thursday, March 1, 2012, 07:38 PM

Police are reporting that a man was killed this evening when his bicycle was struck by a car in North Austin.

Police said the wreck was reported at 7:11 p.m. at North Lamar Boulevard near Kramer Lane.

Traffic investigators have blocked the 10600 block of North Lamar from Grady Drive to McPhaul Street.

Police at the scene said the crash involved an SUV with two female occupants. The vehicle appeared to have been going south on Lamar. The cyclist was killed at the scene, and vehicular homicide investigators remained on the scene about 8:30 p.m.

Updated at 8:30 p.m. with additional information.

Article published by Austin American-Statesman

Texas Biker Lawyer

Teens Killed in Bus Accident in Burnet

2012-02-24T17:32:28Z

2 teens killed in Burnet County crash involving school bus ID'd

By Jazmine Ulloa | Thursday, February 23, 2012, 08:06 PM

Update 6:21 a.m.: The two individuals killed in yesterday's fatal crash involving a school bus in Burnet have been identified as 14-year-old Caleb Hardin and 16-year-old Sierra Hardin, a Texas Department of Public Safety official said.

Photos: Fatal school bus wreck

8:55 p.m. update:State troopers say a 14-year-old boy and his 16-year-old sister are dead after their car rear-ended a school bus on Texas 29 and County Road 252.

Earlier: State troopers are investigating a fatal crash on Texas 29 east of Burnet involving a car and a school bus.

Authorities were called at 4:14 p.m., and one person in the car has been reported dead at the site of the collision, according to the Department of Public Safety.

Man struck by car, killed near UT

2012-02-20T18:07:16Z

By Jazmine Ulloa

AMERICAN-STATESMAN STAFF

Updated: 11:12 p.m. Sunday, Feb. 19, 2012

Published: 10:30 p.m. Sunday, Feb. 19, 2012

A man was killed and a woman was critically injured Sunday evening after they were struck by a car in front of a grocery store just north of the University of Texas, police said.

The car was traveling south on Guadalupe Street at about 7 p.m. when it collided with another vehicle and hit the man and woman who were standing outside the Wheatsville Food Co-op on the east side of Guadalupe near West 31st Street. The car then crashed into a pole supporting the sign for Four Sons' Quality Cleaners a block south, police said.

The driver of the vehicle, a woman, was being questioned by investigators and was not identified.

The man and woman were taken to University Medical Center Brackenridge. Police said the man was born in 1950 but did not identify him. They also did not identify the woman.

All lanes of Guadalupe between 30th and 32nd streets were closed for several hours Sunday night as police investigated the incident.

julloa@statesman.com; 445-3763