Wednesday, March 28, 2012

Driver in fatal Irving crash was drunk, ME says

IRVING -- A Southlake attorney who was killed along with two passengers in a wreck at a Las Colinas canal in January had a blood-alcohol level more than twice the legal limit, according to the autopsy report by the Dallas County medical examiner's office.
Ronald Eddins, 41, had a blood-alcohol level of more than 0.19, according the report. The legal limit is 0.08.
Police have said Eddins was at the wheel of his Porsche Panamera on Jan. 3 when the car left the pavement near the 5600 block of Riverside Drive, flew about 95 feet, struck a guardrail along the canal, slammed into the bank on the opposite side of the canal and fell into the water.
His passengers were Kenneth Lark, 23, of Austin and Kaat Debeuckelaer, 21, of Colleyville.
The Texas Alcoholic Beverage Commission is investigating whether Eddins was overserved at any of the establishments he visited Jan. 3, said Maj. Charlie Cloud, an agency spokesman.

Read more here: http://www.star-telegram.com/2012/03/27/3840486/driver-in-fatal-irving-crash-was.html#storylink=cpy

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.

Monday, March 12, 2012

Auto Insurance: Most expensive state, least expensive state

(MoneyWatch) It seems like Hurricane Katrina and the BP (BP) oil spill should be enough troubles for one state. But if you live in Louisiana, you also pay the highest auto insurance rates in the country.
According to a just-released study by the website Insure.com, the $2,536 average cost to insure a car in Louisiana is nearly three times the $889 average in Maine, the lowest-cost state.
Factors that push up rates include a large number of uninsured drivers, state insurance laws, how many insurers compete in the state and whether recent natural disasters have pushed up claims. "Many of these problems are outside the control of drivers," says Amy Danise, editorial director of Insure.com. "But even if you live in an expensive state, you can hold down your insurance costs by keeping your driving record as clean as possible and selecting a car that is cheap to insure."
After Louisiana, Oklahoma ($2,047) and Michigan ($2,013) are the next most expensive states. High levels of insurance awards to accident victims are major factors in Louisiana and Michigan, according to Insure.com. In Oklahoma, in addition to many uninsured drivers, recent claims for tornado damage have pushed up rates.
Least expensive states
In Maine (average cost $889), relatively light traffic, a low crime rate and competitive rates among insurance companies contribute to low costs. Similar factors, plus a low rate of uninsured drivers keep costs down in second-least expensive Iowa ($985). Wisconsin ($987) also has a low crime rate and competition among companies and has a relatively low level of auto-related lawsuits.
To see how your state ranks, check the list below. These are averages. Your own rates will be affected by exactly where you live, how many miles you drive annually and your credit score.
1. Louisiana: $2,536
2. Oklahoma: $2,047
3. Michigan: $2,013
4. West Virginia: $2,002
5. Washington, D.C.: $1,866
6. Montana: $1,856
7. Rhode Island: $1,830
8. Wyoming: $1,732
9. California: $1,709
10. Georgia: $1,694
11. Connecticut: $1,665
12. Texas: $1,661
13. Florida: $1,654
14. Delaware: $1,652
15. New Jersey: $1,608
16. Pennsylvania: $1,598
17. Hawaii: $1,594
18. Kentucky: $1,572
19. Mississippi: $1,502
20. Missouri: $1,455
21. Alaska: $1,431
22. North Dakota: $1,426
23. New York: $1,431
24. Kansas: $1,410
25. Massachusetts: $1,378
26. Maryland: $1,372
27. Alabama: $1,345
28. Arkansas: $1,334
29. Colorado: $1,322
30. Utah: $1,315
31. Washington: $1,305
32. South Dakota: $1,303
33. Indiana: $1,301
34. Virginia: $1,297
35. New Mexico: $1,274
36. Minnesota: $1,264
37. Nebraska: $1,244
38. Oregon: $1,241
39. Tennessee: $1,228
40. Nevada: $1,223
41. Illinois: $1,192
42. Arizona: $1,176
43. New Hampshire: $1,133
44. South Carolina: $1,108
45. Ohio: $1,099
46. Vermont: $1,063
47. North Carolina: $1,022
48. Idaho: $1,011
49. Wisconsin: $987
50. Iowa: $985
51. Maine: $889

Wednesday, March 7, 2012

Mom of designated driver killed by drunk driver fights to keep memorial

by JIM DOUGLAS
WFAA
Posted on March 6, 2012 at 7:25 PM
Updated today at 2:27 AM
MINERAL WELLS — Wind chimes and a wall of stone angels on a front porch in Mineral Wells bring comforting memories of Janakae Sargent to her mother.
It's what the mailman brought that moved her to tears... and immediately into action.
She reads from the letter, "At this time [the Texas Department of Transportation (TxDOT)] is preparing to remove your sign and other memorial signs that have been placed for at least two years."
The sign marks the spot in Lubbock where a drunk driver killed Janakae in 2006. The Texas Tech student was a designated driver that night, and had just dropped off a friend.
The drunk driver died instantly. Janakae lingered for four days, as her mom told News 8 five years ago.
"Begged her to fight," she said. "Begged her not to give up."
So when the TxDOT letter came, Kandi Sargent Lowe knew she couldn't give up either. She says the letter hit her like a ton of bricks.
"Like losing her all over again," she said. "Like once again, she's going to be silenced. And I can't let that happen."
She went to the Web site SignOn.org and launched a petition to preserve markers honoring DWI victims - more than 100 signs across Texas.
More than 3,000 people have already responded to the petition drive.
Sargent isn't sure where all this is going.
"I have no clue," she shrugs. "One foot in front of the other. Take it as I go."
TxDOT told her the signs must come down after two years to comply with federal regulations.
"So I'm not stopping with state — I'm going federal," she said, not knowing exactly how she'll do it.
But strangers inspire her to keep going.
After we played Janakae's voice on her phone five years ago, calls started coming in from as far away as Germany, England and Australia. The phone still rings.
So, although Kandi Sargent Lowe doesn't know where this spontaneous campaign will take her, she knows she's not going alone.

Saturday, February 18, 2012

Allstate checking driving records of homeowners' insurance applicants

Feb. 7, 2012, 3:16 p.m. PST

McClatchy/Tribune - MCT Information Services
CHICAGO _ If you're a lousy driver, are you also more likely to be a mishap-prone homeowner?
Allstate Corp. believes there's a correlation.
The Northbrook, Ill.-based company confirmed that it has begun considering the driving records and auto-claims history of people who apply for a new homeowners' product in Oklahoma called House & Home.
House & Home, introduced in the Sooner State last October, effectively could make homeowners pay more of the cost of their roof repairs. Allstate said last week it plans to roll it out to additional states through 2014. Speaking to investors last week, Allstate Chief Executive Tom Wilson said House & Home could help the company reach its target of a 13 percent return on equity by 2014. Allstate's ROE, calculated by dividing net earnings by shareholders equity, was 4 percent at year end.
An Allstate spokesman confirmed Tuesday that House & Home marks the first time the nation's second-biggest home and auto insurer has used a potential policyholder's driving records and auto-claims history when giving quotes on home coverage.
"There's a strong correlation between auto-loss history and the likelihood of covered homeowners' losses," he said. "Allstate's new homeowners' product recognizes this correlation and rewards customers with good auto-loss histories with lower homeowner rates."
Most of Allstate's homeowner customers also have their autos insured with the company, so they might see a better overall rate for the household, the spokesman said.
Allstate's biggest rival, Bloomington, Ill.-based State Farm, doesn't use driving records or auto claims records to determine homeowners' pricing or eligibility, State Farm spokeswoman Missy Dundov said.
When Allstate introduced House & Home last October, it anticipated that homeowners might ask their agents why they're so interested in their driving histories.
So Allstate prepared talking points for the agents: "Research shows there is a strong relationship between auto and homeowners' losses and that a person's driving history can be a predictor of an individual's loss potential with their home," according to Allstate documents obtained last week by the Chicago Tribune. "The better your driving record, the better the price may be compared to someone with a poor driving record and multiple auto claims."
Unless other carriers follow Allstate's lead, the House & Home product could be a tough sell, said Jim Fish, executive director of the National Association of Professional Allstate Agents Inc.
For one thing, generally speaking, House & Home provides replacement cost coverage if the roof is less than 10 years old. Otherwise, it might pay only the actual cash value of the roof, documents show.
"If an Allstate agent is up against a carrier that pays full replacement cost on roofs, offers a reasonable deductible and doesn't make the customer jump through hoops, he probably won't make that sale," Fish said.
As for House & Home's linking driving records to homeowners' quotes, Fish said he understands Allstate's logic that careless drivers are more likely to be careless homeowners.
"But we also see consumers scratching their heads over the need to disclose information that is seemingly unrelated to the purchase of property insurance," he said.
Many businesses, including insurers, use all types of information, such as credit scores, to influence everything from whether someone should be hired to how much they should pay for insurance.
Social media also present opportunities for insurers. Trawling for information on Facebook, Twitter and other sites can enable underwriters and claims professionals to track individuals' lifestyles, experiences and habits, letting them see, for example, if a policyholder claiming a serious injury has just posted a photo of himself or herself engaged in physical activity.

Friday, February 3, 2012

Life Sentence Upheld for Man Who Pleaded to Ninth DWI

PARKER COUNTY — A Parker County jury’s life sentence for George Michael Carter’s ninth DWI conviction was upheld Jan. 26 in the Second District Court of Appeals in Fort Worth.

“Our jury sent a very strong message about how they felt about repeat drunk drivers,” said Assistant District Attorney Jeff Swain, who tried the case along with Assistant District Attorney Nikki Morton. “We are glad that their verdict was affirmed on appeal. To date, in my 16 years as a prosecutor, I still have not seen a DWI case with a defendant with a higher blood test than this defendant.”

Carter, 55, who pleaded guilty to a felony DWI, appealed the jury’s November 2010 sentence on three technical points. One point was overruled because Carter failed to “object to prior and subsequent arguments that he did not want to change and did not care renders any possible error harmless,” the memorandum opion states.

“If the court had agreed with the defense argument, the maximum sentence the defendant could have received would have been 20 years,” said Assistant District Attorney Eddy Lewallen, who handled the appeal for the prosecution. “Fortunately, the law was on our side on that issue.”

The appellate court also overruled complaints that Carter should receive a new trial due to the closing argument of the prosecution where it was argued that he either did not care about driving drunk or did not want to change.

Carter had three prior misdemeanor DWIs and five prior felony DWIs in Tarrant County when he pleaded guilty. His first DWI in Parker County occurred in 2009, assistant district attorney Jeff Swain told the Democrat previously.

In the trial, jurors heard eyewitnesses testify that they saw Carter driving northbound on Bethel Road and drive into the ditch on both sides of the road twice each before he ran head-on into a pipe fence. One of the witnesses, a defensive driving instructor, told jurors that he thought that he might be hit, so he pulled over onto the shoulder to avoid Carter.

A Weatherford firefighter who responded with his engine to 911 calls about the wreck told jurors that Carter at first claimed that he had been shot, a claim which was not substantiated when he was examined. The firefighter described Carter as belligerent and said that he kept trying to get up off of the backboard and fight him. He also said that Carter had urinated on himself.

Jurors watched a dashcam video from a trooper who responded to investigate the accident during which Carter told the trooper that he had “plenty” to drink and that “I spend most of my time drinking.”

“We felt a life sentence was what we needed to protect the community,” Swain said in 2010. “If he’s going to keep endangering everyone else, we have to deal with that, and the jurors spoke today.”

Carter’s blood alcohol level was taken at Weatherford Regional Medical Center after he was arrested and reached .45, Swain said.

The legal limit is .08.

“We’re talking about five-and-a-half times over the legal limit, something shy of that they have listed as indicative of a coma,” Swain said in 2010 when the sentencing was finished.

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.