New Tires can be Old and Dangerous

We all know that car passenger tires need to be changed from time to time, either due to deterioration from normal wear and tear or due to some unpreventable damage from a nail or other hazard in the road.

What consumers may not know is that even before your tires show wear or damage they may already be dangerous or defective due to their age. Moreover, when you replace your tires, your new tires may be old and defective even though they haven't traveled a mile on the road. The tire industry has readily acknowledged that the older the tire the more likely it is to fail and cause serious injuries.  Accordingly it is important to protect yourself and your loved ones by researching the age of the tires that are currently on your car and those that are to be installed. 

Finding out the age of your tire is fairly simple, each tire is stamped with a Department of Transportation (DOT) number.  Tires made after the year 2000 have a four digit code that conveys this information- the first two numbers will read from 01-52 which represents the week of the year they were manufactured; the last two numbers will, for example, read 05 which means it was manufactured in the year 2005.  So a DOT number of 2005 means the tire was made in the 20th week of 2005. 

You can read about how dangerous old tires are here, and find out more information about how to read the information on your tires here. 

If you or a loved one has been hurt in a car crash you should promptly investigate whether the reason behind the crash is a defective tire.  The personal injury trial attorneys of Tekell & Atkins, L.L.P. will assist you in this investigation free of charge.    

Study Confirms Distracted Driving Higher Among Teens

  The Bridgestone tire company recently commissioned a nationwide survey on distracted driving that showed that:

• many young drivers are in denial about their distracted driving tendencies;
• girls are far more likely to engage in distracted behavior behind the wheel than boys; and
• parents often set bad examples.

A New York Times article summarizing the survey can be found here.

The survey results confirm the overwhelming amount of research proving the dangers of driving while distracted. Prior studies are discussed here, here, here, and here.

If you want to know more about the dangers of distracted driving or would like to arrange a special presentation on the dangers of distracted driving for your community, school, or civic group please contact Aaron M. Mutnick of Tekell & Atkins, L.L.P. at 254-776-5095.

Nationwide Ban on Cell Phone Use in Cars?

A gruesome work zone collision involving two school buses, a semi-truck, and a pick-up prompted the National Transportation Safety Board (NTSB) to recommend that all 50 states and the District of Columbia ban the nonemergency use of portable electronic devices (except GPS devices) for all drivers.

The NTSB's executive summary of the crash states that on August 5, 2010 in Gray Summit, Missouri a driver of a 2007 GMC Sierra pick-up rear-ended a stopped truck-tractor with no trailer.  Seconds later, the first bus in a convoy of two school buses ran into the pick-up and then the second bus rear-ended the first bus. The collision resulted in the deaths of the pick-up driver and a passenger in the first school bus, and 37 other people suffered minor to serious injuries.

The NTSB determined that the probable cause of this horrific crash was "distraction, likely due to a text messaging conversation being conducted by the GMC pickup driver."

The NTSB recommended that the Wireless Association and the Consumer Electronics Association encourage the development of technology features that disable the functions of portable electronic devices within reach of the driver when a vehicle is in motion again with the caveat that it may be used for emergencies.

Texting While Driving Doubles Reaction Time

A recent study by Texas A&M University's Texas Transportation Institute found that texting, or emailing, while driving doubles reaction time and makes drivers more likely to miss a flashing light.


The study was composed of 42 drivers between the ages of 16 and 54 who drove on an 11-mile (17 km) closed test course while sending or receiving text messages, and again while focusing completely on the road.

In the interest of safety for both participants and the research staff, researchers minimized the complexity of the driving task, using a straight-line course that contained no hills, traffic or potential conflicts other than the construction zone barrels. Consequently, the driving demands that participants encountered were considerably lower than those they would encounter under real-world conditions.

The researchers then asked the drivers to stop when they saw a flashing yellow light and recorded their reaction time.  The typical reaction time without texting was between one and two seconds, but while texting it increased to three to four seconds, regardless of whether the driver was typing or reading a text.

The researchers also found that a texting driver was 11 times more likely to miss the flashing light.

The fact that the study was conducted in an actual driving environment is important. According to research manager Christine Yager most research on texting and driving has been limited to driving simulators, whereas this study involved participants driving an actual vehicle. While the researchers believed their results are more significant since the study was in an actual driving environment they wrote that, "it's frightening to think of how much more poorly our participants may have performed if the driving conditions were more consistent with routine driving."

Perhaps this research will reach some of Texas A&M's more influential elected alums.

Bounce House Hazards; Special Alert to Parents

A 2009 memo from the Consumer Product Safety Commission ("CPSC") estimated that there were over 31,000 emergency department treated injuries associated with inflatable bounce houses in between 2003 and 2007 in the U.S.- that's over 17 trips to the emergency room a day.

The CPSC's memo also revealed that during that same period there were four reported deaths, most of which involved someone falling off or out of the inflatable and then hitting their head on the hard pavement nearby.

Now as summer vacations get underway parents will undoubtedly be hosting or taking their children to birthday parties or gatherings with inflatable bounce houses.  While these bounce houses look soft, safe, and fun for children of almost any age the CPSC's data tell a different story, and  a recent article in the Washington Post revealed several shocking stories of how improperly staked bounce houses have been blown across city streets, swept away by wind gusts, or toppled by excessive weight.

Before letting your child enter a bounce house or other inflatable jumping device make sure to check that:

1. The inflatable is properly secured and staked; 
2. The inflatable is not over crowded with children;
3. The inflatable is not tattered, worn or patched; 
4. Your child is never unattended and someone is always watching the inflatable; and
5. The air flow from the motor to the inflatable is not obstructed. 

Distracted Driving: A Test

Studies have shown that we're bad multi-taskers. The same research has also shown that we think we're good multi-taskers.  Unfortunately, when our confidence to multi-task translates into getting behind a car wheel and picking up a cell phone we become dangerous multi-taskers. This is because when we drive and talk on our cell-phones a variety of manual, visual, and more importantly, cognitive distractions impair our ability to do either task well.

Take this test to see how well you pay attention in a distracting environment.  

Tornadoes and Severe Weather Damage Waco area

According to local news reports golf-ball sized hail, torrential rains, strong winds, and tornadoes pounded Waco, Texas and surrounding areas including Lacy Lakeview, Mart, and China Spring on Tuesday evening.

Here is a link to a Tornado Safety Guide published by the National Weather Service which includes a discussion on how to recognize the signs of a tornado before it's too late to react.

If you or a loved one have been affected by severe weather you may want to consider following these steps (most of which are adapted from the Tornado Safety Guide) which are essentially the same as those for persons involved in car crashes:

1. Safety First.  Always make sure you and your family are safe. If you are in a secure building remain inside in an interior room away from windows until you can confirm that it is safe to leave your shelter.   If you or a loved one is injured seek immediate medical attention. Watch for power lines -they may still be carrying high voltage, and be mindful for broken glass and debris on the ground. Do not use matches or lighters because they may spark natural gas that is in the air from ruptured lines.

2. Wait for Emergency Personnel to Arrive. In Waco or McLennan County you may find information about emergency services here.

3.  Document any Damage to Your Property.  If you are able you will want to start securing your personal property and your home to prevent further damage and documenting what property is damaged.

4. Contact Your Insurance.  As soon as you are able contact your insurance company.  During severe weather situations insurance companies often get over-whelmed with phone calls and claims which means that any delay in presenting your claim may delay any necessary repairs.  Unfortunately, some insurance companies do not always agree to cover all of the damage that is caused by severe weather.  Sometimes this is due to a limit or exclusion in the policy and sometimes it is due to an insurance company acting in bad faith.  If you have questions about how your insurance company is handling your claim you should consider contacting a trial attorney who specializes in consumer and insurance law.

Toyota Recalls 308,000 Highlanders and RAV4s

According to a recent New York Times article by Christopher Jensen and recent filings with the National Highway Transportation Safety Administration (NHTSA) Toyota will recall nearly 308,000 Highlanders and RAV4s due to defects in the curtain shield airbag system.  According to the summary on file with the NHTSA, if the two sensors in the airbag sensor assembly fail nearly simultaneously the curtain shield airbag could deploy and the seatbelt pretensioner can activate which could injure an occupant. Toyota's recall covers about 214,000 RAV4s from the 2007-8 model years and 94,000 Highlander and Highlander hybrids from 2008.  Affected owners can call Totyota at 1-800-331-4331, or the NHTSA vehicle safety hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov. for more information.

If you have been injured by a defective Toyota Highlander or RAV4 airbag you should consider contacting a personal injury trial attorney to investigate this matter further and to help you determine what rights you may have to hold Toyota responsible.

Dog Attacks in Texas

According to the Center for Disease Control (CDC) 4.5 million Americans are bitten by dogs each year, with one in five bites requiring medical attention.  Out of those attacked every year, children between the ages of 5 and 9 are the most at risk.

The CDC recommends that parents teach their children the following basic safety tips and review them regularly:

• Do not approach an unfamiliar dog
• Do not run from a dog or scream
• Remain motionless (e.g. "be still like a tree") when approached by an unfamiliar dog
• If knocked over by a dog, roll into a ball and lie still (e.g. "be still like a log").
• Do not play with a dog unless supervised by an adult
• Immediately report stray dogs or dogs displaying unusual behavior to an adult
• Avoid direct eye contact with a dog
• Do not disturb a dog that is sleeping, eating, or caring for puppies
• Do not pet a dog without allowing it to see and sniff you first
• If bitten, immediately report the bite to an adult

Unfortunately, even if you or your child takes every precaution around a dog there are some dog owners who fail to control their dogs and fail to warn others away from their dogs.  In Texas a dog owner can be charged with a third degree felony if their dog attacks someone and they had reason to know that the dog may attack. See Texas Health and Safety Code Sec. 822.005.

If you or a loved one has been attacked by a dog, you owe it to yourself and your community to report the attack to the authorities and to consider hiring a personal injury trial attorney to help you hold the dog owner responsible.

Car Insurance: Are You Covered?

In most states, including Texas, it is mandatory for drivers to be insured for car accidents they cause (referred to as minimum liability coverage).   However, most drivers' experiences confirm the necessity of having additional insurance coverages to not only protect themselves from being sued for accidents they cause, but also to avoid paying out-of-pocket when a driver who caused an accident either had no insurance or insufficient insurance to cover their injuries and damages.

In Texas there are actually 8 different types of auto insurance coverages you can purchase, each with different limits of coverages.  In fact, the Texas legislature has deemed Personal Injury Protection and Uninsured/Underinsured Motorist coverages so important that if a consumer does not want those types of coverage the consumer must specifically reject those coverages in writing.

It is not only important for you to be familiar with the types of coverage you have purchased and their limits, but also to be familiar with the coverages you have rejected, as well as any endorsements and exclusions which further limit your coverage.

In addition to basic liability coverage, most drivers should consider purchasing the following types of insurance:

1. Medical Payments Coverage

What it pays: Your medical and funeral bills resulting from accidents, including those in which the other person is a pedestrian or bicyclist.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the accident.

2. Personal Injury Protection (PIP) Coverage

What it pays: Same as medical payments coverage, plus 80 percent of lost income and the cost of hiring a caregiver for an injured person.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the accident.

An insurance company must offer you $2,500 in PIP, but you can buy more. If you don’t want PIP, you must reject it in writing.

3. Uninsured/Underinsured Motorist (UM/UIM) Coverage

What it pays: Your expenses from an accident caused by an uninsured motorist or a motorist who did not have enough insurance to cover your bills, up to your policy’s dollar limits. Also pays for accidents caused by a hit-and-run driver if you reported the accident promptly to police.

• Bodily injury UM/UIM pays without deductibles for medical bills, lost wages, pain and suffering, disfigurement, and permanent or partial disability.
• Property damage UM/UIM pays for auto repairs, a rental car, and damage to items in your car. There is an automatic $250 deductible, which means you must pay the first $250 of the repairs yourself.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

Insurers must offer UM/UIM coverage. If you don’t want it, you must reject it in writing.

4. Collision (Damage to Your Car) Coverage (If you still owe money on your car, your lender will require you to maintain collision and comprehensive coverages.)

What it pays: The cost of repairing or replacing your car after an accident. Payment is limited to your car’s actual cash value, minus your deductible. Actual cash value is the market value of a car like yours without damages.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

5. Comprehensive (Physical Damage Other than Collision) Coverage

What it pays: The cost of replacing or repairing your car if it is stolen or damaged by fire, vandalism, hail, or a cause other than a collision. Comprehensive coverage also pays for a rental car or other temporary transportation if your car is stolen. Your policy won’t pay for an auto theft unless you report it to police. Payment is limited to your car’s actual cash value, minus your deductible.

If you still owe money on your car, your lender will require you to have collision and comprehensive coverage.

Description of Insurance coverages from the Texas Department of Insurance

Legislative Update: Kari's Law

In 2006 former pastor Matt Baker murdered his wife Kari in their Hewitt, McLennan County, Texas home and staged the scene to look like a suicide.  

The responding police officers and emergency personnel followed standard protocol when they arrived at the Baker house which dictated that, in McLennan County, a justice of the peace conduct an “inquest into the death of a person who dies if the person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide.”  Texas Code of Crim. Pro. §49.04.  


Texas law at that time stated that an “inquest meant an investigation into the cause and circumstances of the death…, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act.”  Texas Code of Crim. Pro §49.01.  Moreover, a justice of the peace could conduct the “inquest…at any other place determined to be reasonable by the justice.”  


In the Baker case, this meant that the presiding justice of the peace was able to investigate Kari Baker’s death and determine the cause via a late night phone call from the responding police officers without getting out of bed.  Finally, a justice of the peace had the sole discretion of whether to order an autopsy.  Texas Code of Crim. Pro §49.10. 
   
An autopsy was later performed in the Baker case, but only after a formal inquest hearing was granted and after Kari had been interred.  The results from the autopsy provided crucial evidence that helped prove that Kari had not committed suicide but had in fact been murdered by Matt Baker.  


If a full or partial autopsy would have been a mandatory requirement for apparent suicides, like it is in other states such as Oklahoma or Georgia, crucial evidence against Mr. Baker would have been better preserved.

                   

In the current legislative session Texas House Representative Charles "Doc" Anderson of McLennan County has introduced House Bill 3546, referred to as Kari's Law by its supporters, which would substantially change this very important area of Texas law such that autopsies become mandatory anytime a death is apparently caused by suicide.


With all of the other duties of a justice of the peace –performing marriages, issuing warrants, setting bail, conducting criminal and civil trials- it seems that determining death is one duty that should be void of discretion and ultimately up to a medical professional.   Accordingly, this Bill and its author are worthy of support.