During the last legislative session, Governor Rick Perry signed House Bill 1353 into law permitting state highways to be considered for increased speed limits to 75 miles per hour if studies could show the increase to be safe. That allowed TxDOT to move forward with its plan to improve traveling efficiency between cities, according to Carol Rawson, TxDOT traffic operations division director.
]]> "Texas' economic strength depends on the efficient and safe movement of people and goods," Rawson said. "These new speed limits increase highway efficiency while maintaining the safety of the transportation system."The new speed limits, though approved, will not be effective until new signs are posted. However, drivers may be hard pressed to actually travel at the new 75 mile-per-hour speed limit during peak travel times. With congestion, drivers are already unable to reach the established 70 miles-per-hour limit.
Critics Sound Off Against Increase
Though transportation officials and regular interstate commuters find the raised speed limit to be a positive decision, skeptics question whether the increase will be as beneficial as expected. In fact, they believe the higher speed limit will increase the number of auto accident injuries and deaths.
According to Russ Rader, spokesman for the Insurance Institute of Highway Safety, studies show death tolls increase when the speed limits do. "Raising the speed limit gets people to their destination faster," said Rader, "but with the trade-off that roads are less safe."
TxDOT To Increase Some Toll Roads to 80 MPH
Despite criticism of the increase, TxDOT has announced plans to increase some speed limits even further. 56 miles of toll roads on State Highways 130 and 45 will have their speed limits raised to 80 later this year.
TxDOT, whose coffers have been dwindling, hopes the change in speed limits will attract more drivers along the toll roads and boost revenues for the agency and its partner, the Cintra Corporation. The new speed limit will be posted later this year.
Sources: www.chron.com, "75 mph Speed Limit Accelerates Across Texas," Kolten Parker, 27 January 2012
and
www.examiner.com, "TxDOT Increases Speed Limits to 80 MPH, Why May Surprise You," Terri Hall, 13 April 2012
]]>According to the CPSC, there are over 150,000 appliance fires every year. Between 2006 and 2008, theses fires were responsible for 3,670 injuries, 150 deaths and $547 million in property damage.
]]> You might think that most of these fires might be attributable to human error, but you'd be surprised. Consumer Reports investigated the CPSC findings and discovered that only half of these fires could be attributed to user error. Appliance defects are responsible for a stunning number of apartment and house fires each year.Key Appliance Fire Statistics
In addition to examining CPSC reports, Consumer Reports also reviewed date collected by the National Fire Incident Reporting System (NFIRS) between 2002 and 2009. Consumer Report's analysis revealed the following statistics about appliance fires:
Despite the ability to manufacture appliances with more safety features, like an early-warning system, most manufacturers aren't making them a part of their production.
People may have little indication that there is a problem with their equipment. One Texas man was fortunate he was home when his GE microwave nearly set fire to his home. After hearing a strange sound coming from the kitchen, he went to investigate. His microwave had turned on and was emitting powerful electrical arcs. The electrical arcs cracked the microwave turntable and scorched the bottom of the appliance. Had he not heard a strange noise, he easily could have been injured by a fire in his house.
Safety Standards Voluntary
Contrary to what many might believe, the government does little to regulate the safety of appliances. The standards that most manufacturers use are built on consensus of various groups such as retailers, suppliers, government groups, consumer groups and producers.
Organizations such as Underwriters Laboratories (UL) that test and certify products are merely stating that the product is meeting a minimum standard of safety. Many feel these minimum standards need to be more rigorous to protect the consumer public.
Source: www.consumerreports.com, "Appliance Fires, Is Your Home Safe?" March 2012
]]>Yaz and Yasmin came under FDA review after a series of seven studies reviewing the serious side effects of Yasmin and Yaz indicated the contraceptives, which contain the active ingredient drospirenone, are more likely to cause dangerous blood clots in their users. Bayer had conducted its own studies and found the risk to be comparable to other contraceptives on the market.
After review of the studies, the FDA advisory committee voted 15 to 11 to keep Yaz and Yasmin on the market, reasoning the benefits of the contraceptives outweighed their risks. Curiously, the committee did recommend the labels on the drug be changed to warn physicians of the higher risk.
]]> The Project on Government Oversight (PGO) a watchdog group, has asked the FDA to revisit their decision after uncovering several potential conflicts of interest with members on the advisory panel. PGO took issue with four advisors in particular, who were either affiliated with Bayer at one time or had ties to similar contraceptive companies that manufactured generic versions of the drugs.PGO took special exception with the FDA's decision to place Paula Hillard, a Stanford School of Medicine Professor on the panel. Hillard's ties to Bayer were especially strong, having served as a consultant for the company until 2010. Investigation of internal Bayer documents also revealed the drug manufacturer viewed as a strong ally. Company papers from 2003 singled Hillard out as an important advocate for the company.
Unfortunately, Hillard's ties are not unique on FDA panels. The FDA has historically taken a rather loose view on conflicts of interest and advisors with ties like Hillard's are not especially unusual.
Bayer has been under fire for some time after numerous harmful effects sparked lawsuits against the company for its deceptive marketing campaigns promoting Yaz/Yasmin. Despite the lawsuits cutting into Bayer's estimated $1.6 billion marketshare, Yaz/Yasmin remain the company's second-best selling franchise last year.
Source: www.stanforddaily.com, "Hillard's FDA Vote Scrutinized" 26 January 2012, Marshall Watkins
]]>The survey is especially alarming in light of an Allstate report released earlier this month, which found that more teenagers are dying in Texas auto wrecks than any other state. According to the report, 556 teens died in car accidents throughout the state in 2009.
The report stated that Texas needed to take action to tighten restrictions on teen driving.
]]> Texas has been steadily working on stronger restrictions. In 2002, they started a graduated licensing program that restricted teens' driving privileges during their first year holding a license. Teens were not allowed to drive between midnight and 5 a.m. and they could only have one person under the age of 21 in the car with them who was not related.In 2009, the legislature added further restrictions in an effort to eliminate the number of distracted driving accidents caused by teens. A new law barred any teen driver from talking on a cell phone or texting until they turned 18. In addition, the training time required for new drivers was increased almost three-fold.
Allstate proposes changing the age of obtaining a learner's permit until age 16 and not allowing a teen to have full driving privileges until they reach 18. While the debate about just what measures need to be taken to reduce teen fatalities in car accidents there is encouraging news from the Liberty Mutual/SADD study.
The study found that teens were highly influenced by their peers and if a passenger asked them not to drive drunk, they would likely stop. Parents are encouraged to talk to their children about the dangers of driving while intoxicated (DWI) during New Year's and how to speak up if their friends are trying to drive impaired. In addition, preventing Dallas DWI car wrecks means talking with teens about how to deal with others who might be drunk on the roads.
Source: www.insurancenetworking.com, "More Teens Drink, Drive on New Year's Eve Than Any Other Holiday," 28 December 2011, Pat Speer
and
www.kxan.com, "More Texas Teens Die in Traffic Wrecks," 12 December 2011, Erin Cargile
]]>The tragic story serves as a reminder of the dangers of driving while intoxicated during the holiday season. Drunk driving crashes will reach their peak over the next six weeks. This time also marks the five year anniversary of the Mothers Against Drunk Driving (MADD) Campaign to End Drunk Driving.
]]> The campaign has focused its efforts on supporting sobriety checkpoints, lobbying states to enact legislation that requires convicted drunk drivers to use an ignition interlock device as well as supporting research aimed at creating technology that would make it impossible for impaired drivers to start their cars.The campaign has been effective, particularly with its lobbying efforts. Since its inception, 32 states have adopted laws requiring the use ignition interlock devices. Still, the laws do not prevent all impaired drivers from getting behind the wheel.
While drunk driving fatalities has been reduced by over 40 percent in the thirty years since MADDs creation, our national death toll from drunken driving accidents remains at a staggering 11,000 people each year.
Even when a drunk driving car wreck isn't fatal, it can often cause serious injuries. Dallas DWI accident attorneys routinely provide families with legal advice when their loved ones are hurt.
Holiday travelers can take extra measures to ensure their safety. Texas drivers can help themselves avoid trouble by ensuring taking simple steps to stay safe this season. Before going out, merry-makers should select a designated driver. When out on the town, people should avoid binge drinking and prevent friends and family who have been drinking from driving. Anyone buzzed or on the fence about their level of intoxication should call a cab. Nothing is worth losing a life. Following these tips will help ensure everyone enjoys a happy holiday.
Source: www.fastlane.dot.gov, "MADD's Campaign to Eliminate Drunk Driving" Marks Five Years of Results" 25 November 2011, Ray LaHood
The campaign has focused its efforts on supporting sobriety checkpoints, lobbying states to enact legislation that requires convicted drunk drivers to use an ignition interlock device as well as supporting research aimed at creating technology that would make it impossible for impaired drivers to start their cars.
The campaign has been effective, particularly with its lobbying efforts. Since its inception, 32 states have adopted laws requiring the use ignition interlock devices. Still, the laws do not prevent all impaired drivers from getting behind the wheel.
While drunk driving fatalities has been reduced by over 40 percent in the thirty years since MADDs creation, our national death toll from drunken driving accidents remains at a staggering 11,000 people each year.
Even when a drunk driving car wreck isn't fatal, it can often cause serious injuries. Dallas DWI accident attorneys routinely provide families with legal advice when their loved ones are hurt.
Holiday travelers can take extra measures to ensure their safety. Texas drivers can help themselves avoid trouble by ensuring taking simple steps to stay safe this season. Before going out, merry-makers should select a designated driver. When out on the town, people should avoid binge drinking and prevent friends and family who have been drinking from driving. Anyone buzzed or on the fence about their level of intoxication should call a cab. Nothing is worth losing a life. Following these tips will help ensure everyone enjoys a happy holiday.
Source: www.fastlane.dot.gov, "MADD's Campaign to Eliminate Drunk Driving" Marks Five Years of Results" 25 November 2011, Ray LaHood
]]>When they are injured in either a car accident or fall at work, many Hispanics are hesitant to pursue a claim against their employer. Because of misinformation in the community, even contacting a workplace injury attorney can cause some to be afraid. What many Hispanics may not know is that ICE does not pursue individuals seeking compensation for a personal injury claim. They are focused primarily on criminal offenders.
]]> ICE Program Targets Immigrants in Criminal Cases OnlyThree years ago, the Department of Homeland Security (DHS) and the ICE agencies developed a new protocol for enforcing immigration laws. Secure Communities was created to target federal resources on deporting the most dangerous criminals.
The program was first implemented in Texas. Secure Communities utilizes the fingerprints that are taken from an arrested individual and forwarded to the FBI. The FBI in turn forwards the fingerprints to ICE to cross reference against the immigrant database. It is supposed to help ICE focus those resources on the most dangerous criminals. For many immigrants, the reality has been something else.
ICE Program Draws Criticism for Hurting Communities and Families
In the three years since the program's, over 7,450 illegal immigrants have been deported through Dallas - Ft. Worth area jails. Of those deported, only 1,634 were convicted of "aggravated felonies."
The program has drawn a significant amount of criticism for failing to meet up to its objectives of targeting only the most dangerous illegal immigrants and for focusing heavily on Latinos. The largest issue created by the program is the deportation of immigrants who have legal U.S. citizen family members still in the states.
Obama Directs ICE to Focus on the Worst of the Worst
The outcry from civil rights advocates has been extensive. Last month the Obama Administration announced that they will work to rehabilitate the program by focusing their deportation efforts on high-level offenders only. Prosecutors will now be able to suspend deportation proceedings against low-level offenders.
Program Does Not Apply to Personal Injury Lawsuits
For Hispanics in the Dallas community who are afraid to contact a car accident attorney in order to pursue a personal injury action for injuries suffered from an auto wreck, they can relax. The Secure Communities Program applies to immigrants who are charged with criminal offenses only. This leaves Hispanics free to pursue claims against the individuals or companies that hurt them.
Source: www.thehoustonchronicle.com, "ICE Program Counts Sheriff as a Defender" 23 October 2011, Susan Carroll
]]>A Texas construction firm will be pay heavy fine for their failure to address and remedy repeated safety hazards. Roma Construction, which had been cited and fined in 2009, was cited for six violations related to their use of scaffoldings on a worksite including:
More construction workers are killed in Texas than in any other state. In July 2009, OSHA launched an initiative in an effort to restore safety to Texas worksites. Among the dangers OSHA has been trying to eliminate are the following:
While the inspections may help in small part, it is hard to imagine the Texas construction industry making significant changes to the way they do business until they have financial incentive to do so. Although, the firm's $50,820 fine is significantly steeper than the fines it received two years ago, it is a drop in the bucket for a large operation.
Unfortunately, it is the construction workers and their families who pay the greatest penalty. When they're not fatal, construction injuries have the ability to permanently disable and disfigure workers. These injuries can impact a worker's ability to provide for their family and devastate a household. Until, construction firms are held accountable for their conditions with penalties that amount to more than a mere annoyance, the lives of workers will continue to be tragically lost.
Source: ohsonline.com "OSHA Slams Texas Construction Firm for Scaffolding Hazards," 24 August 2011
]]>Our law firm is highly experienced in handling all types of personal injury claims, and we are committed to helping protect the rights of injured victims. We have started this Blog to act as a forum for discussing case law and relevant court decisions regarding personal injury matters. We will update this blog with relevant information, news stories and case law studies, so please return often to see the most current post and comments.
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