Do You Know How to Avoid Accidents with Wildlife?

Accident data collected by insurance companies show that Texas drivers are more likely to hit deer in November than any other time of the year. Accidents with wildlife involving other types of animals are even more daunting to motorists. Imagine accidently hitting a large bear or hog! In that case, it’s a good idea to stay in the vehicle and alert the authorities.When these animals cross the road in front of us, they cause an average of $4,000 in property damage.  Collisions with wildlife also cause catastrophic injuries and death. Texas Department of Transportation statistics show there were 24 fatal car accidents involving animals in our state in 2015.You don’t even have to hit wildlife to be involved in a car accident! A recent crash here in Angelina County involved the driver of a passenger car hitting the brakes to avoid a deer and being struck from behind by a semi-truck. The driver was forced off the road and transported to a nearby hospital.For Angelina County residents, seeing deer and other wildlife on the roadways is a normal occurrence. It is important that we know how to avoid accidents with these critters. The Texas Department of Parks and Wildlife (TDWD) has some ideas.

5 Tips for Avoiding Accidents with Wildlife

• Pay closer attention from sunset to midnight: Deer and many other animals are more active from sunset to midnight. You may have to pay closer attention during these times and make good use of your high beams when there is no oncoming traffic.

• Avoid swerving: TDWD suggests braking gently and staying in your lane. Slamming on the brakes or swerving can cause other nearby drivers to lose control.

• If there is one, there are more: If you see a deer, there are probably more than one. Deer travel in groups. Other wild animals, such as bears, may follow similar behaviors.
• Don’t touch the animal: If you hit a deer or other type of animal with your vehicle, it may not be dead. Any animal you hit is going to be frightened, wounded, mad or all of the above. There is a video going around of a woman who was attacked by a deer she hit with her car. After opening the door to check on the wounded animal, the deer forced itself into her car and started hitting her with its hooves. Don’t make this mistake.

• Roadkill is a road hazard: Some people hit-and-run animals and leave their bodies on the road. Large animals do not have to be alive to pose a significant risk to other motorists.

Living near forested areas has its perks, but it also has certain risks for motorists. We need to be extra attentive to the fact that we share the road with deer and other animals. When you are driving next month, please stay safe and keep an extra eye out for this common hazard.The Texas personal injury attorneys at Mike Love & Associates, LLC encourage you to drive safely.

If You Thought Exploding Phones Were Bad….

Samsung’s Galaxy Note 7 has nothing on the explosive Ford Pinto. In the 1970’s, the Ford Pinto became a notorious fixture on the evening news due to reports of exploding fuel tanks and burn deaths. Ford’s Pinto also remains a textbook example of how companies sometimes put profits ahead of lives. It also remains an example of how trial lawyers and their clients help uncover harmful business practices.The story begins in 1970, when Ford started rear-end collision testing on the Pinto. Of the 11 tests Ford carried out, 8 resulted in gas tanks exploding. Tests showed that the Pinto’s gas tank was prone to rupturing and spilling gasoline underneath the vehicle. Now, this was not just a little bit of “spillage.” The contents of the entire gas tank could leak out within one minute after rupturing! To make matters worse, the tank was also prone to being punctured by nearby brackets and bolts.These problems meant that minor collisions could cause the Ford Pinto to explode into a giant fireball.

Where Did Ford Screw Up?

With less than a year to go before the car hit the market, Ford engineers began looking for ways to fix this defect. A cost-benefit analysis revealed that Ford would have to pay $11 per vehicle to reinforce the Pinto’s gas tank; a cost of $137.5 million. Ford’s analysis also concluded that wrongful death and personal injury claims caused by the Pinto would cost $49 million.How did Ford respond to this calculus? It decided it would be more cost-effective to pay the settlements from claims instead of fixing the gas tanks.In 1974, the National Highway Traffic Safety Administration began receiving reports of explosions involving Ford Pintos and rear-end collisions. Investigations revealed that drivers showed no signs of blunt force trauma. Many victims burned to death inside their cars after their doors jammed and they became trapped.Estimates suggest 23 to 500 people died as a result of Ford Pinto gas tank explosions. Ford engineers later gave testimony during lawsuits claiming 95 percent of these deaths could have been prevented if the gas tanks had been located over the axle.

What Happened with the Ford Pinto Lawsuits?

Between the years of 1971 and 1978, Ford was hit with 50 lawsuits involving injuries or deaths caused by the Ford Pinto. Some of the stories involving these car accidents are heartbreaking.In the case of Grimshaw v. Ford Motor Co., the jury tried to award $125 million in punitive damages; however, the damages were reduced by a judge to $3.5 million. A simple review of the facts of this case explains why the jury was so mad at Ford.In 1972, 13-year-old Richard Grimshaw was badly burned after riding as a passenger in a Ford Pinto. The Pinto had stalled on a freeway, and a 1962 Ford Galaxie approached from behind and was unable to slow down in time to avoid a collision. In a matter of seconds, the Pinto burst into flames. By the time emergency services had pulled Grimshaw and his driver out of the vehicle, their clothing had been burned off their bodies. The driver of the Pinto was taken to a nearby hospital where she died a few days later from severe burn injuries. Grimshaw survived, but the horrific burns he sustained caused severe disfigurement.

How Trial Lawyers Hold Companies Like Ford Accountable

Trial lawyers and their clients play an important role in exposing companies that release defective products. Without lawsuits, we may have never known the full extent of Ford’s actions involving the Pinto. Ford engineers may not have given sworn testimony that 95 percent of those killed by the Pinto would have survived if only the company had moved the gas tank. We may not have known about the ruthless calculus conducted by Ford when it weighed fixing the gas tank with paying settlements from lawsuits.Most important of all, these types of lawsuits make it cost prohibitive for a company to knowingly sale defective products. Personal injury lawsuits hold companies accountable and keep businesses from harming the public. Lawsuits put Ford, and other companies, on notice that it is never an acceptable business plan to knowing endanger people’s lives.The Texas personal injury lawyers at Mike Love & Associates, LLC are dedicated to helping the victims of defective products and negligent business practices.

Do You Believe Texas Should Ban Texting and Driving?

Texas remains one of four states in the country that does not have a statewide ban on texting and driving. Three attempts have been made by Texas lawmakers to pass a statewide ban, and all have failed. A fourth attempt by longtime Texas lawmaker Tom Craddick could happen when the Texas Legislature convenes next year.Proponents of legislation say that we need a statewide ban because mobile phone use while driving kills or injures numerous Texans every year. This argument is backed by statistics gathered by the Texas Department of Transportation (TxDOT). According to TxDOT, distracted driving causes 100,000 auto accidents in our state annually. A percentage of these car accidents are caused by mobile phone use.Opponents of a ban claim that a law would infringe upon the rights of Texans. Some who are opposed to a ban have claimed that eating while driving or applying makeup behind the wheel are equally dangerous habits. There is also the question of whether a state law is needed in the first place, as 90 cities in Texas already have bans of some sort or another in place. However, consider that this is a small fraction of cities and towns in our state.Of the 90 cities in our state that have ordinances on mobile phone use while driving, each have different rules. In addition, the use of handheld phones is already banned statewide in school zones.

Is Texting and Driving as Dangerous as Some People Claim?

Depending on the speed the person is travelling, they can cover considerable distance without watching the road. The Department of Transportation’s famous tidbit claims that taking your eyes off the road for five seconds at 55 miles per hour equates to the distance of a football field. This is actually wrong, but not in a bad way if you are a proponent of a statewide ban. At 55 miles per hour, five seconds equates to a distance of 403 feet, which is 43 feet greater than a football field.Even if a person is travelling at 30 miles per hour, the distance covered is capable of causing an accident. A vehicle does not even have to be in motion for a distracted driver to cause deaths or injuries to other people. For example, a pedestrian may be crossing the street, expecting vehicles to remain stopped. If they cross in front of a vehicle, but the driver fails to see them and moves forward, the pedestrian could be hit.Despite the lack of a statewide law, it is important to remember the possible consequences of distracted driving. This applies to texting or any other activity that creates distractions. Distracted motorists who cause accidents can face legal and civil penalties. Is it really worth risking these consequences just to send an email or write a status update on Facebook?The Texas car accident attorneys at Mike Love & Associates, LLC, can help individuals and families who have been injured by distracted drivers.

How Can an Attorney Prove Fault After a Car Accident?

An experienced attorney has many tools at his or her disposal to prove fault after a car accident. They may secure phone records to show a motorist was texting at the time of an accident, or they can use witness statements or camera footage. Perhaps high-definition photos of damage to a vehicle or medical records can be used. An attorney uses more than one source of evidence to strengthen a case. A lesser-known tool for proving fault is using an event data recorder (EDR) found in almost all passenger vehicles.EDRs are similar to the black boxes found inside commercial and noncommercial aircraft. They are also similar to electronic control modules found in commercial trucks. Depending on what year the vehicle was made, EDRs are capable of recording various types of data, such as vehicle speed at the time of a collision. EDRs made after 2013 include data on crash event duration, engine rpm, steering wheel angle, vehicle speed and brake application – just to name a handful of examples. In fact, EDRs made after 2013 are required to collect this data.EDRs are not mandatory, but that may change in the near future. Several legislative and National Highway Traffic Safety Administration rulemaking attempts have sought to make these devices mandatory in all passenger vehicles. Despite the lack of a mandatory rule, the vast majority of vehicles in the US have EDRs.EDRs are extremely useful for proving fault in car accidents, especially when combined with other types of evidence. We will explain further.

How an EDR May Be Used to Help Prove Fault After a Car Accident

Let’s say for example a motorist was driving from Houston to Lufkin, and he gets hit by a distracted driver. The injured motorist hires an attorney, who works on his behalf to make sure he is fairly compensated by insurance. In addition, the injured motorist files a lawsuit.To prove fault, the injured motorist’s attorney gets a court order to secure data from the at-fault driver’s EDR, which shows the brakes were not applied at the time of the accident despite travelling at 30 miles per hour.In addition, the injured motorist’s attorney gathers social media data from the at-fault driver. Social media data shows the at-fault driver had just typed a Facebook post complaining about the drive from Houston to Lufkin at the exact time of the accident.See how EDRs can be extremely useful for proving fault? It is not just that they are useful by themselves, but that they can be essential when combined with evidence from other sources. Remember, commercial trucks use comparable technology, and similar rules apply to truck accident cases.The Texas personal injury attorneys at Mike Love & Associates, LLC, can help victims of car accidents and their families hold negligent drivers accountable.

Why Does Angelina County’s Most Dangerous Intersection Continue Causing Accidents?

Angelina County’s most dangerous intersection recently caused another serious car accident, this time involving a 22-year-old woman and a 2-year-old child. The intersection at U.S. Highway 69 and FM 326 is well known in our county for causing accidents. Nearby residents interviewed by KTRE claim they frequently see serious wrecks occur. One of the residents claimed they had seen four car accidents occur at the intersection in the last month-and-a-half.Why is the intersection a major cause of accidents? Motorists turning onto Highway 69 from FM 326 cannot see oncoming traffic coming from over a hill to the left. Some vehicles travelling on Highway 69 may be speeding, which makes this intersection even more dangerous.Fortunately, the Texas Department of Transportation (TxDOT) is taking complaints about the intersection seriously. TxDOT will be conducting a signal analysis study at the intersection this week. Data collected from the study will determine whether further action should be taken. If necessary, TxDOT could make Highway 69 and FM 326 a signalized intersection by installing traffic lights.

How Can You Avoid Accidents at Angelina County’s Most Dangerous Intersection?

The best way to avoid an accident at Highway 69 and FM 326 is to not use the intersection by finding alternative routes. People turning right or left can take Pee Wee Smith Rd to Highway 69, as there is no hill obstructing oncoming traffic. Visibility is much better for traffic coming from either direction.Alternative routes may not be an option for everyone. Until TxDOT makes its decision, there are other ways you can reduce the chances of being involved in an accident at Lufkin’s most dangerous intersection.

• Turn off music: Highway 69 and FM 326 is a blind intersection, so it is important to rely on your other senses to detect approaching traffic. You may have an easier time hearing other vehicles approaching if you turn off the radio or stereo.

• Inspect the intersection carefully: Look both ways, but do so quickly. It does not take long for traffic coming up over the hill to reach the intersection.

• Avoid this intersection at night: It is already very difficult to see traffic approaching from the left. This is even more the case at night on a poorly lit highway. If you are going to turn onto Highway 69 at night, it may be best to use one of those alternative routes.

• Avoid any distractions: Distractions like eating, texting or grooming can be fatal at this intersection. Highway 69 and FM 326 requires your full attention.

It could take a while for TxDOT to fix this dangerous intersection. In the meantime, we need stay vigilant or find alternate routes.The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage you to drive safely.