Archive for Auto Accidents

Cracking Down on Texting Drivers is One Approach But Public Education May Help

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Distracted driving is incredibly dangerous behavior, and more states than ever before are taking steps to try to reduce the number of people on the roads who are distracted by cell phones and electronic devices.  In fact, the Governors’ Highway Safety Association (GHSA) released a report entitled “2013 Distracted Driving: Survey of the States” indicating that there has been a 45-percent increase in the number of states with texting bans in place for all drivers as compared with just three years ago.

Florida became one of the states with a texting law this year when Governor Scott signed a texting ban into law after five years of attempts to get such a law passed.   Florida’s ban is relatively weak, allowing for drivers to text when stopped in traffic or at traffic lights and making texting a secondary offense with a fine of only $30 plus court costs for a first-time offender.   Still, the fact that texting is now illegal means that those injured in a texting accident may have an easier time of recovering compensation with the help of an auto accident lawyer in West Palm Beach since negligence per se rules allow victims to prove negligence by pointing to a law that the other driver broke.

While the law may help accident victims to recover compensation, however, it may be difficult for police to enforce. In fact, as the Huffington Post recently reported, texting laws in general are difficult to enforce, even in states that have taken a very tough stance on fighting distracted drivers.  The difficulty of enforcing these laws means that many people continue to text even though it is illegal.

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To Include More Workers Move Over/Slow Down Law in TX Continued

To Involve More Workers Move Over/Slow Down Law in Texas ContinuedSource
By now we’ve all heard of the Texas Move Over/Slow Down law. The law requires Texans behind the wheel to either switch lanes or slow down when nearing a stopped emergency vehicle. Since it was passed in 2003, the law has undoubtedly protected the lives of many who are stopped or being assisted on the side of the state’s roadways.
dfgnhdfbfgnKRGV.com reports that Texas lawmakers will expand the law (effective September 1st) to include all Texas Department of Transportation (TxDOT) workers. Our pedestrian accident lawyers in McAllen, Texas know that this is a positive step that could potentially save thousands of injuries and deaths a year in the Lone Star State. Call: 1-888-338-2639

Pedestrian accidents cause injuries, cost lives in Texas
Failure to move over when any vehicle is stopped on the side of the road can have deadly consequences, as evidenced by an accident in Brownsville in early August. The Brownsville Herald reported that a Brownsville woman was charged in a deadly drunk driving accident that took the life of an 18-year old man.
Authorities said that the Brownsville woman, who was visibly intoxicated at the scene of the crash, had veered off the road, striking the 18 year-old Palmview resident after he had pulled to the side of the road to change his tire.

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Three women who were released from prison on Monday after spending more than a decade behind bars Breaking News461

SAN ANTONIO, Texas

Cassandra Rivera, center, relaxes with her mother and brother on Nov. 19 in San Antonio, Texas, one day after being released from prison.

Other moments have been more bittersweet. Ramirez said her mother told her about her dad’s final moments three years ago when he died at age 84. Ramirez had been on the phone with him from prison, and told him she and the others wouldn’t give up their bid for exoneration.

“My mom told me that a tear came out of his eye, and I said, ‘I love you, daddy’ and he took his last breath,” she said. “I do want to go see his grave and I want to just tell him, ‘Daddy we didn’t give up and that we’re all home.'”

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During their time in prison, they had sent letter after letter to innocence groups and anyone who they thought could help them win exoneration. Along the way, they received many rejection letters and had many false starts.

The women, who weren’t incarcerated in the same facilities, described having to fend for themselves in prison (Vasquez and Ramirez were at the same correctional center for a short time).

Ramirez, the first to go to prison nearly 17 years ago, said she had never been in trouble in her life and was at first scared behind bars. Other inmates knew that she had been convicted of molesting girls and threatened to hurt her. But one reached out. “She took me under her wing and protected me. She schooled me about prison: you go do your time and this is how you do it,” she said.

“It was difficult to accept to be put in the same category as . real sex offenders,” said Vasquez, who couldn’t drive near places where children gather – like McDonald’s or church – under restrictions imposed after being paroled one year ago (those were lifted Tuesday morning).

Their imprisonment didn’t just take a toll on the women, their families endured hardship, too.

Ramirez is re-connecting with her son, now 18, who grew up with his dad. She said he didn’t want to expose him to prison, so her son didn’t visit her there.

“Sometimes as a mother you have to make a sacrifice just so he won’t have to go through what we’ve been through over all the years,” she said through tears.

But mother and son are swiftly making up for lost time. They had their first interaction on Monday night over pizza for dinner. Ramirez said she tried to make him feel comfortable, but they were both a little nervous.

Martinez said she would help however she could with the group’s bid to get a full exoneration and hopes she can still have a relationship with her aunt. “If she would want to have one with me after everything,” she said. “I want her to be a part of my children’s life just how she was a part of mine.”

Martinez’s older sister maintains the attack still happened. The four women said they don’t blame the girls and applauded Martinez for coming forward.

“I believe it was a brave thing for her to do. I’m very, very proud of her,” Rivera said.

Ramirez said she would accept her niece with open arms, “because that’s what love does. It’s unconditional.”

The women, who couldn’t have contact with each other in prison, enjoyed re-connecting since their release. They considered themselves family nearly 20 years ago – and that hasn’t changed.

“The comfort was still there,” Rivera said. “It’s falling right back into place, because we’re family.”

The next part of their journey will be pursuit of “actual innocence,” which is possible under Texas state law, though Ware said winning such a declaration was extremely rare. But the women said there is no stopping them.

“We want actual innocence because that’s what we are,” said Mayhugh, who spent nearly 14 years in prison. “We’re actually innocent.”

http://usnews.nbcnews.com/_news/2013/11/19/21540535-san-antonio-4-speak-out-after-prison-release-were-actually-innocent?lite&ocid=msnhp&pos=1

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Chicago Transit Authority Train Crash – News 971

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Just before 8:00 am this morning, September 30, 2013, a CTA Blue Line train rear-ended a stopped CTA Blue Line train at the Harlem stop in Forest Park, Illinois. Dozens of CTA passengers are reporting injuries, and local authorities are shutting down surrounding roads to allow ambulances immediate access to the scene. The two trains were on the same track, which is not supposed to happen at the station.

traincrash2
(photo by Chuck Berman, courtesy of the Chicago Tribune)

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This crash is eerily similar to two stopped/rear-end train crashes involving a CTA trains in June (Blue Line) and August (Brown Line) of 2001, which prompted the National Transportation Safety Board [“NTSB”] to issue a Railroad Special Investigation Report.  The NTSB found that the CTA train operators failed to follow the CTA’s operating rules.  Because of the investigation, the NTSB recommended the CTA develop and implement systematic safety procedures for performing and documenting frequent management checks to ensure all operating personnel are complying with Chicago Transit Authority operating rules, including speed restrictions and signal rules.  The NTSB’s full report can be found at http://www.ntsb.gov/doclib/safetystudies/SIR0201.pdf. Since the CTA has been down this track before, it prompts the question: What happened this time?

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