Showing posts with label Personal Injury Attorney. Show all posts
Showing posts with label Personal Injury Attorney. Show all posts

Thursday, September 27, 2012

Cleburne man in critical condition


A Cleburne man involved in a Sunday motorcycle accident remained in critical condition as of Monday morning, hospital officials said.
The accident occurred about 7:50 p.m. near the intersection of Westmeadow and West Henderson streets. 
Laken Cole Souser, 26, was driving a Suzuki motorcycle westbound on West Henderson Street. Souser was riding a wheelie down the roadway at the time, according to witness statements in Cleburne Police Department reports.
The driver of a Chevrolet 1500 told police he did not see the motorcycle while turning from Westmeadow Drive onto West Henderson Street, which caused the Suzuki to collide with the Chevrolet.
Police are unsure how fast the motorcycle was traveling at the time but noted that Souser had his helmet on. 
A CareFlite helicopter transported Souser to Texas Health Harris Methodist Hospital Fort Worth. The Chevrolet driver suffered no injuries.
By Matt Smith/msmith@trcle.com from Cleburne Times Review

Tuesday, September 18, 2012

Two dead in Dallas motorcycle wreck



Motorcycle accident
Credit: Bryan Titsworth / WFAA
Two people were killed late Friday night when their motorcycle struck a guardrail in the downtown Dallas mixmaster.
WFAA
Posted on July 28, 2012 at 8:52 AM
Updated Saturday, Jul 28 at 6:20 PM
DALLAS — Two people were killed late Friday night when their motorcycle struck a guardrail on a highway overpass near downtown Dallas.
Police investigators said 43-year-old Sean Ashford was driving the Triumph bike with a female passenger on the Cesar Chavez Boulevard bridge over Interstate 30 just before midnight when they hit a barrier.
The impact propelled the bodies of Ashford and his companion over the railing to their deaths.
Neither rider was wearing a helmet, police said. The name of the passenger was not released.
Balch Springs police Officer Matthew Garcia was killed in a motorcycle accident near the same location last December.

Wednesday, August 15, 2012

Rick's Cabaret sued in teen's death


Rick's Cabaret
HOUSTON -
A family filed a civil lawsuit against Rick's Cabaret for the wrongful death of their daughter, who was killed in a drunk driving accident.
According to the lawsuit, the company’s policy encourages workers to sell as many alcoholic beverages as possible.
Emily Jones' family said it's that policy that contributed to Emily's death on March 30, 2011.
Jones was driving her pickup truck when she was hit from behind by a vehicle driven by Erasmo Ramirez."Losing Emily was devastating to all of us. It's not going to bring her back, but maybe now somebody will listen and changes will be made to these bars," said Tracy Foster, Emily's mother.
The lawsuit claims Ramirez had been drinking at Rick’s Cabaret that night. He was driving more than 100 mph when he smashed into Jones’ truck, said investigators.
According to the lawsuit, Rick's employees continued to serve Ramirez drinks even though he was already intoxicated. The suit claims Ramirez was removed from the club after he refused to pay for dances and/or services provided by Rick's entertainment staff.
Erasmo Ramirez
Investigators said Ramirez's blood alcohol level was at .295 at the time of the accident, more than three times the legal limit in Texas.
He was charged with intoxication manslaughter and later sentenced to 15 years in prison.
The lawsuit claims that Rick’s requires its entertainers to pay a "house charge" every night in order to work at the club, and workers are encouraged to pay the fee by collecting "credits" based on the number of drinks they sell. The lawsuit said that policy encourages the club to serve alcohol despite how intoxicated a person may already be.
Local 2 tried to reach Rick’s Cabaret but they said they could not comment on the lawsuit.

Tuesday, July 17, 2012

Road rage wrecks on the rise in Texas


TEXOMA -- According to a database that tracks vehicle accidents throughout the state, road rage is on the rise in Texas. With Bexar County leading the state in road rage-related crashes, here's how this affects Texoma drivers and tips to avoid being a road rage victim.

According to a San Antonio newspaper, Bexar County officers cited road rage as a contributing factor in nearly 700 wrecks that injured 280 people since 2007.

These numbers exceed those in larger counties with even more residents and traffic, including Dallas. And now, since Lake Texoma is a popular area attraction this time of year, local officials urge drivers to keep road rage accidents down in this area by following safe driving practices.

Oklahoma Highway Patrol Officer Michael Green says, just like when operating a boat, one way to avoid driving aggressively is to be courteous to other drivers. Remember, they're our neighbors too.

Maintain a safe following distance by using the 3 second rule. This means once a car ahead of you passes a landmark, you should pass that same landmark no sooner than 3 seconds afterwards.

Another rule of thumb is every 10 miles per hour you drive, should equal one car length between you and the next vehicle ahead of you.
So if you're at 60 miles per hour, you should drive 6 car lengths behind the next car.

Finally, statistics show that a person texting and driving, have the same driving patterns and characteristics as a person drinking and driving. So, Officer Green says that if you must text, by all means just pull over.

"Treat other people like you want to be treated," said Green. "Drive in a safe manner. Be aware of people in your surroundings. If you need to text, pull over. If you just can't help yourself and you got to answer a text message, pull over."

Throughout Texas from 2007 to 2011, road rage has played a factor in close to 4,500 crashes, injuring nearly 2,000 people and killing 32. In the last four years, however, road rage accidents across the state have decreased.

Wednesday, May 30, 2012

Aggressive Driving and Road Rage



Driving can be a stressful experience, and all drivers have gotten frustrated behind the wheel at some point. But, it's important to avoid engaging in aggressive driving behaviors, such as speeding, running red lights, quick lane changing and failure to yield, especially as an aggressive driving act can trigger a disproportionate response, which sometimes even escalates into road rage, a criminal act of assault which may stem from a confrontation that occurred on the road.
The AAA Foundation's Aggressive Driving update found that aggressive driving behaviors are a factor in up to 56% of fatal crashes. Additionally, nearly90% of drivers view aggressive driving as very serious or somewhat serious threat to their own safety.
Think you drive aggression-free? Take our aggressive driving quiz and find out how hostile you are on the road.
Also here are a few tips from our Road Rage brochure on how to avoid aggressive driving.
Don't Offend Road Rage Man with Tire Iron
  • Avoid cutting drivers off and apologize if you do so
  • Avoid tailgating and honking the horn
  • Avoid making inappropriate or offensive gestures
Don't Engage
  • Steer clear of other aggressive drivers
  • Avoid eye contact
  • Seek help if you're being followed by driving to a safe/crowded location or by dialing 911
Adjust Your Attitude Aggressive Driver Police Stop
  • Leave yourself enough time rather than trying to make good time
  • Put yourself in the other driver's shoes
  • Take a deep breath and remember escalating a situation will only make things worse.
 

Friday, May 25, 2012

Tragic Irony: Teen Dies While Texting The Dangers Of Texting And Driving Parents make plea to outlaw texting and driving in Idaho






Taylor Sauer, a college student driving home on a lonely road, was texting with a friend via Facebook when her car crashed into a tanker truck at 80 miles per hour, killing her instantly. The tragic irony of the situation was revealed in her phone records shortly after: At the time of the accident, she had been texting about the dangers of texting and driving.

Her last message, sent moments before the crash on Jan. 14, said, "I can't discuss this now. Driving and facebooking is not safe! Haha."

According to the phone records, Sauer, 18, was posting on Facebook about every 90 seconds.

"I think she was probably (texting) to stay awake, she was probably tired," Taylor's father, Clay Sauer, told Ann Curry on The TODAY Show. "But that's not a reason to do it, and the kids think they're invincible. To them, (texting) is not distracting, they're so proficient at texting, that they don't feel it's distracted driving."

Taylor's parents have since become activists in their home state of Idaho, trying to get the government to pass laws against texting while driving.

Because of texting-while-driving deaths like this one, the federal government is moving to limit in-vehicle communications technology that turns cars and trucks into virtual rolling smart-phones.

Last month, U.S. Department of Transportation secretary Ray LaHood announced a new set of proposed distracted driving guidelines for automakers that would limit the use of in-car tech solutions that are "not directly relevant to safely operating the vehicle, or cause undue distraction by engaging the driver's eyes or hands for more than a very limited duration while driving."

Specifically, DOT is recommending automakers withhold technology packages that require both hands to operate or that could take a driver's eyes from the road for more than two seconds. Further, DOT wants technologies that require detailed input from the driver to be disabled while the car is out of park. That would include text messaging and internet browsing along with such tasks as address entry into navigation systems and manual phone dialing.

Future guidelines may include recommendations to manufacturers of aftermarket devices like smart-phones, portable GPS units and tablet computers. It's important to note that these guidelines are recommendations, not mandates.

The controversy that will play out in the coming months and years is obvious: Drivers are so attached to mobile devices that if automakers don't keep innovating ways to stay connected hands-free, people will inevitably be drawn to using their mobile devices in ways that, it can be argued, are more dangerous.

To read more on incidents of texting tragedies, try reading: Death By Texting, about a Michigan man convicted under a new state law, and More Death By Texting stories.

Monday, May 14, 2012

Parents urged to talk, make contract with their teen drivers

Cypress Falls High School senior Nicholas Peurifoy makes an effort to discourage cellphone use as part of road-safety program by Texas Transportation Institute at Texas A&M University.


Denise Gallagher, a 46-year-old child care provider in Philadelphia, is paying a terrible price for not knowing more about the dangers of teen driving. She lost her 18-year-old daughter, Lacey, in a one-car crash a few hours after Lacey's prom in 2007.
Lacey, who wasn't driving, was in a car with six other teens that crashed on the Pennsylvania Turnpike around 2 a.m., ejecting five of them from the vehicle. All six were injured, but Lacey was the only one killed. Gallagher says the crash was caused by drowsiness or distraction, or both.
"There were a lot of things we should have talked about," Gallagher says. "Six kids are a big distraction to a newly licensed teenager. I thought drinking and driving was the highest teenage driving danger. It's not. This is something I have to live with every day of my life. I think about what I could have done differently."
For young drivers, May marks the beginning of the season of high peril. It's prom and graduation time, when many teenaged drivers ask for and receive expanded driving privileges. And it's the cusp of summer vacation, when the stakes are extremely high for young drivers.
That's why the period between Memorial Day and Labor Day has been dubbed by auto club AAA and Volvo as "The 100 Deadliest Days" for teen drivers.
Seven of the 10 deadliest days of the year for teens fall between those holidays, according to AAA. July and August are the deadliest months for 16- and 17-year-old drivers, according to the AAA Foundation for Traffic Safety.
This year, the deadly season for young drivers rolls around at a time when there is growing research by the AAA Foundation and others that the young drivers who engage less frequently in risky driving behavior are those who spend the most time talking about driving with their parents. The research also shows that more needs to be done to encourage those talks on safety: Vehicle crashes are still the leading cause of death for young Americans.
"The research and our experience tells us that the earlier we can get parents engaged in this dialogue and the longer we can keep them engaged, the more likely their teens will be safer drivers," says Peter Kissinger, president and CEO of AAA Foundation for Traffic Safety. "But we live in an age where time seems to be at a premium. I'm sure a lot of parents find it difficult to allocate the amount of time to talk with their son or daughter that we would consider ideal."
He and other experts say there is no better time than this month for parents and teen drivers to talk about driving safely.
On an average day in the USA, more than 11 teens die in crashes. In 2010, the four deadliest months for teen crash deaths, in order, were August, July, May and June, according to the Insurance Institute for Highway Safety, an insurance trade group.
So this month lends urgency to that discussion — call it The Conversation — between parents and their young drivers. "Parents' involvement and influence in the teen driving experience can literally mean the difference between life and death for their child," says Susan Duchak, who leads The Allstate Foundation's teen safe driving program.
So what, exactly, is The Conversation that parents should have with their young drivers? What should they say? And when and where should it occur?
It's not so much a single conversation as a series of conversations, experts say, and it should begin sooner than many think. Dennis Durbin, a Philadelphia specialist in the prevention of teen driver crashes, says he started talking about driving with his son, Jack, when Jack was 13.
"We started talking about driving when he started sitting in the front seat," says Durbin, professor of pediatrics at the University of Pennsylvania School of Medicine and co-scientific director of the Center for Injury Research and Prevention at The Children's Hospital of Philadelphia. "That's really a good opportunity to start the conversation about safe driving. They immediately gain a much better awareness about driving.
"I sort of narrate some of what I'm seeing so they begin to see what I'm seeing," Durbin says. "I narrate the driving situation — I think that guy is about ready to change lanes even though he hasn't signaled, things like that."
But before parents can have a meaningful discussion about driving safety, they should educate themselves about the realities of teen driving, experts say. For example, many parents think drunken driving is the main threat to teen drivers, Duchak says; driver error, speeding and distractions are bigger problems.
Lack of parental involvement can be painfully expensive, and the pain of loss lasts a long time.
Gallagher says she wishes that she and Lacey, who was not wearing a seat belt the night she was killed, had talked more about her daughter's post-prom plans. "When you put a group of teens together, they make different decisions," she says. "Normally, she always, always wore her seat belt."
Her daughter's death led to the passage last October of Lacey's Law in Pennsylvania, which limits the number of passengers that teen drivers can have and increases the number of required hours of behind-the-wheel driving experience before obtaining a license. It also makes failure to wear a seat belt a primary offense for young drivers, meaning police can stop them solely for that.
Gallagher hopes the law will spare other parents. But it doesn't bring Lacey back.
"So many of these accidents could have been prevented just by following some simple rules, talking to your children and giving them enough experience behind the wheel before they're out on the road on their own."

'That conversation is huge'

Rob Kudej, 50, of Norwich, Conn., says he had a conversation about driving with his son, Patrick, 16, the day Patrick got his learner's permit. They went over the rules, over what was allowed and expected and what wasn't.
"That conversation is huge," Kudej says.
Patrick, who got his license in January, remembers it well. "We were all together in either the kitchen or the living room. It wasn't just a casual, walk-by talk," he says. "It was a structured conversation. It made me realize the importance of safe driving. We think we know everything, but we don't."
Kudej says many of their rules followed the state's new graduated driving license (GDL) law mandating phased-in driving privileges: no passengers, an 11 p.m. curfew, for instance.
Experts such as Chris Mullen, director of technology research at insurer State Farm, say that parents can use their state's GDL law as the "bad guy" when they discuss driving safety. "They can say, 'It is against the law to drive around with your buddy in the car,' " she says. "That can keep them from being the heavy."
Faith Mock, 55, a teacher in Rushville, Ind., had the conversation with her daughter, Taylor, now 19, several years ago. "We really sat down and talked about the fact that driving was a privilege, not a right," Mock says. "And that there are a lot of responsibilities associated with driving. We … made a verbal contract."
Written parent-teen driving contracts, available from many insurance companies and elsewhere, are an excellent starting point for that initial conversation, experts say.
"The act of creating the contract will prompt a dialogue," says Henry Edinger, chief customer officer at the Travelers insurance company.

Parents' role doesn't end

Experts say it's critical that parents regularly revisit the safe-driving conversation with their teen, especially once the teen starts driving independently. Many parents assume that once their child completes the provisional licensing period — when they have to be accompanied by an adult — the parental role ends.
Not so. "There's nothing magical that happens to the teen once they get their license and can drive independently in a vehicle," Durbin says. That initial period of driving alone is when they're at their "highest lifetime risk."
Once the teen is driving independently, parents should continue the conversation. "It should be, at a minimum, monthly," Edinger says. "There's a slow degradation in the thought process if you don't revisit it."
Riding with the teen periodically — to assess how they're doing and make sure they aren't backsliding — is also a chance to have the conversation again, Edinger says.
However, it's important that the conversation itself doesn't become a distraction while the teen is driving, says Susan Baker, an epidemiologist specializing in injury prevention at Johns Hopkins University and a traffic safety researcher.

Setting a good example

Perhaps most important, experts say, is that parents actually model the behavior they're trying to instill.
Several studies, including ones by AAA and Allstate foundations, have shown that many parents take a "do as I say, not as I do" approach with their teen drivers. They acknowledge that behavior such as talking on cellphones, fiddling with the radio or even breaking the law is dangerous; but large percentages admit to doing these things while their children are in the car.
In an April AT&T survey of 1,200 teens ages 15-19, 77% said adults tell kids not to text or e-mail while driving, yet 41% reported seeing a parent text while driving.
The good news: Sixty-two percent of teens in the survey said that getting reminders from their parents not to text and drive would be effective in stopping them from doing it.
Surveys, such as one this year by Harris Interactive for insurer State Farm, consistently show many teen drivers use cellphones or text while driving. A recent study by the California Office of Traffic Safety showed cellphone use among 16- to 25-year-olds doubled from 9% to 18% since last year.
"The teens today that are doing this are the ones who watch their parents do it," says Jennifer Smith, an Oak Park, Ill., teen-driving-safety advocate and parent who puts on distracted-driving seminars for teens and others.
Smith says she talks regularly with her daughter, Emani, 16. "I still tell her, 'Don't use your phone while you drive,' " she says. "I know that they get more confident as they learn to drive. I told her I don't want her to start acting overconfident."
Ongoing conversations, along with strong parental involvement, might be the nation's best path toward a future where automobile crashes are not the primary killer of the USA's young, Kissinger says.
"The conversation is not one and done," he says. "It is a continuous dialogue over years, really. Certainly over many, many months."

Wednesday, May 9, 2012

Man went on drinking binge at Hooters in DFW before killing girl

Hooters 2

Hooters wreck


Nine minutes after a drunken Marcial Jose Ortega left a Hooters bar in North Richland Hills in 2008, he rear-ended a station wagon at 77 mph. Four-year-old Kaitlyn Sanchez died, her head crushed.
Ortega, a 36-year-old mechanic, had three previous convictions for drunken driving -- all after binges at different area Hooters bars.
Why did Ortega choose Hooters?
His brother Nathan Ortega explained in a handwritten affidavit:
"Jose liked to drink at Hooters because they would serve him even after he was drunk or they would take away his keys and call a cab. ... Jose was usually too drunk to drive when he left Hooters. ... Hooters knew about his DWIs because I was there when he was telling the Hooters people about getting another DWI leaving there."
Marcial Ortega was charged with murder, rare in a drunken-driving case, and began a 30-year sentence after pleading guilty.
In March, the Sanchez family finalized a $1.1 million settlement with the insurance company of Texas Wings, which in 2008 owned all the franchised Hooters bars in Texas, said the family's attorney, Brian Butcher of the Noteboom law firm.
It's illegal for a bar to sell alcohol to an intoxicated person, and bartenders and other staffers are legally obligated to look for signs of intoxication.
But the Texas Alcoholic Beverage Commission took no action against the North Richland Hills restaurant. The agency's investigation of the March 14, 2008, incident could not prove that the restaurant had over-served Ortega, a spokeswoman said.
The case file said, "Unless no new information is obtained, no action is recommended."
Commission spokeswoman Carolyn Beck said, "Because he was at more than one bar and because the waitress refused to talk, it was hard to prove that [the over-serving] was directly attributable to the alcohol he was served at Hooters."
It's difficult to confirm a violation, Beck said, if there is no witness saying that Ortega was falling down, tripping or showing other signs of intoxication.
Butcher, the Sanchez family attorney, believes that surveillance recordings made by Hooters on March 14 could have provided such evidence, but they were never presented, despite requests by both his law firm and the Hurst police who investigated the accident.
Special customer
In a prison deposition, Ortega paints a picture of a social life centered on Hooters bars, particularly in North Richland Hills, where he was treated as a special customer. He'd arrange a midweek day off from his mechanic's job to coincide with shifts that favorite servers worked. They allowed him to hug them; sometimes he got them drunk by slipping them mixed drinks in plastic foam cups or buying them beer, he testified.
The Hooters in Grapevine once served Ortega 16 beers, he said in his deposition. He recalled drinking so much after visiting one Hooters that he'd fall asleep in his truck afterward, spend the night sprawled in his mother's garden -- awakened only by red ant bites, or be so senseless that he'd soil himself in bed.
Arlington had the most liberal serving policy, he said. "It's a place where there was no rules. There was no boundaries there. I got free beer. You know... it was endless there."
Hooters servers in Arlington would take Ortega's keys away if he got drunk, but that never happened at the North Richland Hills bar, he said.
Known as a generous tipper, Ortega was drawn to the Hooters in North Richland Hills on March 14 by text messages from a server, Stephanie Darnell, telling him it was her last week before going on maternity leave, according to a police report.
Darnell was quoted as saying that she served Ortega six Bud Lights but that he did not appear drunk.
"He was not stumbling or falling over," she was quoted in a police report as saying. "If he would have, I would have called a cab." Ortega started drinking before he got to Hooters, according to court records.
He had more than one shot of Crown Royal whiskey and Dr Pepper in the morning, then bought and consumed a 12-pack of Bud Light, although it might have been an 18-pack, then had more shots at Studer's Sports Bar before heading over to Hooters, he said in his deposition.
Surveillance video would have shown him so inebriated that he would hold onto tables on the way to the restroom, Ortega said. Two hours after he killed Kaitlyn Sanchez, tests showed, he still had triple the legal blood-alcohol level.
Hooters risk manager John Chlebak said in a deposition that a wide-angle, "eye in the sky" surveillance camera was positioned between the restroom and the bar area. Another camera near the entrance would have recorded people entering and leaving, Chlebak said. The equipment would have stored the continuous recording about 20 days, he said.
John Gessner, the Hooters former chief legal counsel who handled the 2008 incident, said in a deposition in September for the Sanchez lawsuit that after Hurst police viewed the tape and found no sign of Ortega on it, the video was recorded over.
Gessner reiterated his deposition statement. "My recollection is that the police officers were in the location within 24 hours of the accident and viewed the footage," he said in a telephone interview last week. Gessner also said that he himself had watched it. Ortega wasn't on the recording, he said.
However, an incident report by officer Chad Woodside, who investigated the girl's death, said, "During the entire investigation, I, Detective Woodside, was never provided with a video from Hooters on the night of March 14, 2008."
In another report, Woodside quoted Hooters manager Mark Burckel as telling him that either there was no videotape or it was unavailable.
No action was taken against Hooters over the discrepancy.
Both Burckel and Gessner now work for a rival chain, Dallas-based Twin Peaks, which owns the Ojos Locos sports bars and other concepts.
Restaurant group sold
At the time of Kaitlyn Sanchez's death, Texas Wings was the largest Hooters chain in the country.
Within weeks of the accident, Texas Wings owners Kelly and Judy Hall of Dallas negotiated to sell out to a North Carolina-based investment group, Chanticleer Holdings.
In July 2008, an announcement was made that Chanticleer had agreed to buy the chain for $108 million in cash and stock. But financing collapsed with the economic downturn that year and the deal fell through, Chanticleer CEO Mike Pruitt said in a telephone interview. The breakdown had nothing to do with the Sanchez case, Pruitt said.
Later, Texas Wings merged with Atlanta-based HOA Restaurant Group, the Hooters brand owner and franchise management company. Chanticleer acquired the entire HOA company including the Texas bars in January 2011, reportedly for $200 million.
A Hooters corporate spokeswoman stressed that the accident occurred before the change of ownership.
She also described the case as an anomaly.
"This is an unfortunate and rare incidence, despite all of the best and most proactive training measures," said Alexis Aleshire, the spokeswoman. "HOA Restaurant Group has an extensive and ongoing safe alcohol service training program and considers itself a leader on this subject."
The Sanchez family, which spoke through their attorney, said their lawsuit was never about money. It was aimed at preventing other families from living through a "nightmare like they have experienced," Butcher said.
Ortega, who has taken a cooking course in prison and now works in a unit kitchen, said the hardest part of serving time was not being permitted to hug his 4-year-old daughter -- Kaitlyn's age when she was killed -- during visits.
In his deposition, he takes responsibility for his role in the tragedy. But Hooters bears some blame too, he said.
"They knew I had a problem" with drinking, Ortega said but added that he couldn't help himself. "I just didn't love it, I was stuck in Hooterville."

Read more here: http://www.star-telegram.com/2012/04/29/3920061/man-went-on-drinking-binges-at.html#storylink=cpy

Tuesday, April 24, 2012

Civil jury trials plummet in Texas


Civil jury trials are becoming rare in Texas.
The right to have disputes decided by a panel of fellow citizens is cited in the Declaration of Independence and explicitly confirmed in the constitutions of Texas and the United States.
But new statistics show that the right to “trial by jury” is quietly and steadily disappearing.
The 1,195 jury trials conducted in 2011 are one-third the number held in 1996, according to the Texas Administrative Office of Courts.  during the same period, the number of lawsuits rose 25 percent.
In 1996, juries decided one out of every 48 lawsuits filed.  Last year, only one in 183 new civil complaints resulted in jury verdicts. 

Recently posted in the Dallas Morning News.  

We are doing everything we can to change this, but these are the facts.

Friday, March 16, 2012

Dallas Drivers Named Second Most Dangerous

A new report ranks North Texans at the top of the most dangerous drivers in America.
Men's Health Magazine ranked Dallas drivers as the second most dangerous in the nation, only behind St. Louis. Fort Worth placed 12th-worst on the list.
Those cities, plus Houston, Austin, San Antonio and Lubbock all received grades of "F" in the report.
The magazine based the grades on "the rate of fatal crashes, the percentage of fatalities involving alcohol, speeding, or hit and run, and the rate of seat belt use." Other factors included the average number of years between accidents as well as laws on cellphone use while driving.
"I am absolutely not surprised. North Texas is the worst for drunk driving fatalities in the country," says Suzette Pylant, a victim's advocate for Mother's Against Drunk Driving.
M.A.D.D. is fighting for every state to require ignition interlock devices for first time drunken-driving offenders.
"It's a device that goes on your car and you have to breathe into it or your car won't start. If you have alcohol in your system, your car won't start," says Pylant.
In other states, such measures have cut the number of alcohol-related fatalities by as much as half.
Currently, Texas only requires ignition interlocks for drunk driving offenders with a 0.15 blood alcohol level or offenders with two or more convictions.

Tuesday, January 17, 2012

Bicycle safety ordinance considered in Plano

Published: Thursday, December 29, 2011 3:05 PM CST
One of the goals of the
Plano Bicycle Association
is to increase rider safety through education of both cyclists and motorists. A new ordinance being considered by the city council may make its job a little bit easier.


Earlier this month, the council heard a report from Police Chief Greg Rushin concerning an ordinance drafted by his department, with strong input from the association. It is modeled after a bill that was passed by both the state House and state Senate in 2009 before being vetoed by Gov. Rick Perry. Since the veto, several cities in North Texas have passed similar ordinances.

From 2006 to 2009, there were 142 car crashes involving bicycles in Plano, for an average of 35.5 per year. That number jumped to 49 accidents in 2010, and through September of this year the number of accidents was 34. Rushin said all accidents are investigated and the department has determined that the bicyclists are at fault 52 percent of the time, while the motorists are at fault 48 percent of the time. He said 76 percent of the riders who are involved in crashes were not wearing helmets.

The ordinance would set rules for how motorists must interact with riders. When passing a bicyclist on a street with two or more lanes in each direction, the motorist must switch to another lane. On a one-lane street, drivers of cars must pass no closer than three feet from the rider, while drivers of large trucks must give six feet of clearance. Rushin said this is to prevent the cyclist from being blown off the road or otherwise affected by the passing vehicle.

Rules would also be set in place to prevent cars from passing a cyclist and then quickly slowing down to make a right-hand turn, an occurrence Rushin said was particularly dangerous. The ordinance would also prevent motorists from intimidating or harassing cyclists and require then to use due care to prevent collisions with cyclists.

The council members had some concerns over the vagueness of the definitions of harassment, and Rushin said he would work with city staff and the city's legal team to clean up the language.

Councilman Pat Gallagher, an Addison police officer, said he was in favor of the ordinance.

"We are going to keep somebody safe with this ordinance," he said. "This will send out a message and signal that Plano takes it very seriously."

Some concerns were also expressed about how enforceable the law would be and how much of an impact the law would have since there are already laws on the books preventing dangerous driving. Rushin said regardless of the enforcement difficulties, the bicyclist association felt this would give them more tools to educate the public.

Councilwoman André Davidson seemed to sum up the thoughts of many of the council members, saying she supported the ordinance and saw no downside to passing it.

"Even though I am not sure how much of a difference it will make, I do think there is a certain amount of positive marketing for our city and the type of community we want to be so that people know we are a bicycle-friendly community, and we are putting all these trails together and you can commute to work and do these things here," she said. "For that reason, even though I am not totally convinced it puts a lot of meat on the bones, I think there is probably enough positive to make it justifiable."

Rushin said he will bring a revised version of the ordinance back at a future meeting for council consideration.