The Look Twice campaign will consist of new billboards along many Texas highways and will also include both English and Spanish public service announcements across the air, advocating drivers to look twice for motorcycles and blind spots. The campaign is pushing for all drivers, whether you’re driving a motorcycle or car, to particularly look twice when changing lanes or making turns at intersections, where most motorcycle accidents occur. More than half of the 470 fatalities could have been avoided by simply looking twice. (read full article)

As most of us know, motorcycles already come with a high risk due to the lack of protection a bike has. According to the National Highway Traffic Safety Administration, there are over 4 million motorcycles registered in the U.S., making up two percent of all vehicles registered in U.S. However, even though motorcycles represent only two percent of all vehicles in the U.S., they also represent five percent of all highway fatalities each year. More than likely motorcycle accidents end in serious injury or fatality, compared to a car where 20 percent of accidents result in serious injury or fatality. Motorcycle drivers need to be aware of all safety precautions before heading out on the road. To read the most updated list of motorcycle safety tips click here.

Whether or not you are driving a motorcycle or car, drivers need to be extremely cautious on the road. The road can be a very dangerous place, especially when distractions, alcohol, drugs or even simple mistakes come into place. Based on reportable crashes registered by the Texas Department of Transportation, in 2010 one person was killed in a car accident every 2 hours and 54 minutes, one person was injured every 2 minutes and 26 seconds and one reportable crash occurred every 81 seconds. Motorcycle, car and truck accidents can lead to devastating events, unfortunately some of these accidents are unavoidable. If you or a loved one have ever been in an accident and feel the other driver was at fault for a reason that could have been avoided, don’t hesitate to contact a lawyer to discuss any legal compensation you might have. At Borchardt Law Firm, we have seen and dealt with many vehicular lawsuits and feel the work we do will continue to better protect future generations of Texans. Feel free to give us a call.

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
801 Cherry St #1005
Fort Worth, Texas 76102
Sources:

http://www.wfaa.com/news/health/TXDOT-launches-motorcycle-campaign-in-effort-to-save-lives–148199505.html

http://www.nhtsa.gov/people/injury/pedbimot/motorcycle/motosafety.html

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2010/01_2010.pdf

SteerSmart is a non-profit organization devoted to educating young drivers and parents about the risks and safety of driving. The program informs the public through presentations, literature and videos targeted to drivers, passenger and their parents. “The program helps drivers become more responsible and safer while helping their parents learn the real risks they face and how to better protect them.” SteerSmart presentations cover topics ranging from speeding to texting to alcohol to overcorrecting. The program covers every risk you can think of, and how easily those risks can be avoided. SteerSmart was founded by Lauren Winborne. Winborne, a mother of six, began the program after hearing interviews with parents who had lost their children to accidents. Winborne has since strived to educate schools, associations and communities in hopes to help prevent accidents that take lives and leave others impaired.

After attending a presentation, the program is guaranteed to leave an impact. SteerSmart presents students in the program who have been killed by making just one fatal decision and survivors from crashes discussing how easily their accidents could have been avoided. Accidents occur everyday across the U.S. Of all those accidents, 70 percent of them are avoidable accidents. SteerSmart shows their audience how to be in that 70 percent, the program focuses on the idea that no one wakes up and begins their day with the thought process of, “I could die this afternoon.” When you think twice about that statement, you begin to realize all the small things you might do behind the wheel that only increase your chances of being involved in an accident. It makes you think twice about the risks of driving and how to prevent your children from making those dangerous decisions.

SteerSmart hosts presentations all over the U.S. The program continues to leave an impact and make a difference in all drivers’ lives. “The program has been delivered in all types of venues to all kinds of audiences. The common thread is that it has been hailed as memorable, instructive and vital by audiences all over the country.” Remember that the road is a dangerous place. It is vital to be reminded of the dangers of driving and to think twice about every decision you make when you get behind the wheel. Learn more about SteerSmart’s safety tips and facts to keep your drivers safe.

Borchardt Law Firm

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
801 Cherry St #1005
Fort Worth, Texas 76102
Sources:

http://www.steersmart.org/index.html

Though Texas does not see snow that often, we get our fair share of rain, sleet and ice during the winter. If you must leave your house, be aware of these guidelines to help prevent you from getting into an accident.

• Before leaving your house, check your tire pressure and make sure your tires still contain enough tread to create traction on the road.
• Plan your route on main roads that have most likely already been driven on.
• Drive slowly; prepare to go under the speed limit. Give yourself at least double the amount of the time it normally takes you to get to your destination.
• You should allocate at least three times more space in between your car and the car in front of you.
• When preparing to stop gently pump your brakes, don’t slam on your breaks and hold them down – this could cause your vehicle to continuously slide.
• Keep your car in low gears to hold traction.
• Try to avoid all bridges and overpasses – they will most likely be the slickest.
• Keep your lights on, helping other cars see your vehicle.
• If you begin to hydroplane, grip your steering wheel to keep control and wait until you feel your tires contact the road.
• If storms become too severe, pull over but avoid parking under power lines, trees and other large objects that could fall on your car.

The best advice to take during winter storms is to avoid driving, however, we aren’t always able to do that. At Borchardt Law Firm we hope these guidelines will help keep drivers safe. Unfortunately, car accidents occur everyday across the state, at our law firm we strive to protect those who have been in an accident no matter what the cause of the accident was. Car accidents can be a confusing and difficult situation, especially when bad weather is involved. If you or someone you know has been in an accident and feel you should talk to a personal injury lawyer about any legal options you might have feel free to give us a call. We have seen and dealt with many car accident litigation’s and feel the work we do will continue to better protect future generations of Texans.

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
Burnett Building
801 Cherry St #1005
Fort Worth, Texas 76102
Sources:

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2010/05_2010.pdf

Know the warning signs of driving drowsy according to AAA Foundation for Traffic Safety

• The inability to recall the last few miles traveled
• Having disconnected or wandering thoughts
• Having difficulty focusing or keeping your eyes open
• Feeling as though your head is very heavy
• Drifting out of your driving lane, perhaps driving on the rumble strips
• Yawning repeatedly
• Accidentally tailgating other vehicles
• Missing traffic signs

Enough truck and car accidents happen every year, how can you avoid drowsy driving to prevent more truck and car accidents?

The AAA Foundation for Traffic Safety has conducted a list of what they believe to be the six most important guidelines a driver can follow in hopes to prevent drowsy driving.

• Get a good night’s sleep: The amount needed varies from individual to individual, but sleep experts recommend between 7-9 hours of sleep per night.
• Plan to drive long trips with a companion: Passengers can help look for early warning signs of fatigue, and switching drivers may be helpful. Passengers should stay awake and monitor the driver’s condition.
• Take regular breaks: Schedule regular stops – every 100 miles or 2 hours, even if you don’t feel tired, and more often if you feel like you need it.
• Avoid alcohol and medications: If medications warn that they cause or may cause drowsiness, avoid taking them before driving. If you must take certain prescription medications that cause drowsiness, don’t drive immediately after taking them.
• You should never consume alcohol before driving in the first place, but it is especially important to realize that alcohol interacts with fatigue, increasing sleepiness. If you are already tired, even a small quantity of alcohol may exacerbate your sleepiness and increase your risk of crashing, even if your BAC is well below the legal limit for a DWI conviction.
• Consult your physician or a local sleep disorders center: If you suffer frequent daytime sleepiness, experience difficulty sleeping at night, and/or snore loudly on a regular basis, consult your physician or local sleep disorders center for a diagnosis and treatment.

(Read full article)

The road is a dangerous place; don’t let you or someone you know drive while drowsy. If you or a loved one have ever been in a truck or car accident don’t hesitate to contact a lawyer to discuss your legal options. At Borchardt Law Firm we have seen and dealt with all types of personal injury cases and feel the work we do will protect future generations of Texans. Feel free to give us a call.

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
Burnett Building
801 Cherry St #1005
Fort Worth, Texas 76102

On July 15, 2007 five high school cheerleaders in Western New York were killed in a car accident. Police pulled cell phone records which showed the driver had sent and received a text message just 38 seconds before 911 was called by a bystander to report the accident. Tragically, police can only assume that the distraction of texting was the main cause of the accident. Shortly after the accident more and more states began passing laws dealing with cell phone usage while driving. Stay up to date with the current Texas driving prohibitions. (read full story)

Texas Driving Prohibitions

• Ban on all cell phone (handheld and Hands-free) for bus drivers (Primary law)
• Ban on all cell phone (handheld and Hands-free) for novice drivers (Primary law)
• Ban on texting for novice drivers (Primary law)
• Ban on texting for bus drivers (Primary law)
• Texas has banned the use of hand-held phones and texting in school zones
• In Texas: bus driver laws pertain to bus drivers with passengers age 17 and under. Novice drivers are defined as all drivers at the intermediate stage, first 12 months.

According to the National Highway Traffic Safety Administration (NHTSA), “20 percent of injury crashes in 2009 involved reports of distracted driving. The age group with the greatest proportion of distracted drivers was the under-20 age group. And 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving” (NHTSA).

Texas, trying to prevent more distracted driving car accidents, has enforced two new distracted driving laws. One bans teen drivers from using cell phones and text messaging devices while driving; the other prohibits all drivers from using handheld cell phones in school zones. These laws are now in effect across the state. Though, several Texas cities are taking distracted driving issues into their own hands. Dallas, San Antonio, Austin, Amarillo, Galveston, El Paso, Missouri City and Stephenville are among the cities that have passed local distracted driving laws.

Don’t let yourself or a loved one become a victim of an injury or death instigated by a distracted driver. If you have been in an accident and believe the driver caused the wreck due to a distraction contact our law firm, Borchardt Law Firm, to discuss your legal options. We wish that no family has to ever experience a serious injury or the loss of a loved one from a car accident, but we also feel the work we do will continue to protect future generations of Texans. Feel free to give us a call.

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
Burnett Building
801 Cherry St #1005
Fort Worth, Texas 76102

Sources:

• http://distraction.gov/stats-and-facts/index.html
• http://www.nhtsa.gov/
• http://abcnews.go.com/GMA/story?id=3379012&page=1

What is Texas doing in order to prevent accidents due to the impairment of alcohol? Below is the list of current possible consequences for a driver’s first offense:

• Up to $2,000 in fines
• Jail time of 3 to 180 days
• Fee to retain driver’s license – $1,000 to $2,000 per year
• Possible probation for 1 year
• Suspended license for up to 1 year

In 2005 a 17-year-old El Paso man, Felix Padilla, was convicted of drunken vehicular homicide after rolling his car in Las Cruces, New Mexico. The accident injured one passenger and tragically killed another, both high school students. Padilla was sentenced to probation but according to court records his probation was never successfully completed. On July 22 Padilla was pulled over again in Las Cruces for speeding. After several failed sobriety tests Padilla was taken into custody. While searching his car, officers found cocaine, a bag of marijuana, two marijuana pipes and a marijuana grinder. According to the article, “New Mexico statute does not allow for juvenile adjudications to be used to enhance subsequent drunken driving convictions, nor do youthful offender statutes allow juveniles to be charged as adults, both laws that need to be toughened said District Attorney Amy Orlando.”

State records show that in between Padilla’s two arrests he had also been convicted of assault causing bodily injury to a family member, driving with a suspended license and driving 16 to 20 miles over the speed limit in 2008. On August 18 Felix Padilla was indicted on the current charges, felony cocaine possession, aggravated drunken driving, no driver’s license and possession of marijuana. Why did it take at least four arrests and six years for Padilla to serve time? Do courts need to reconsider offenses as a juvenile and pay closer attention before another accident occurs? (read the full article)

We can never be too careful on the road. At Borchardt Law Firm we have seen and dealt with many cases involving DWI car accidents. We wish no family has to ever experience tragic accidents, but when accidents happen our firm has successfully represented families who have been victims of drivers not following the laws. We hope that the work we do will protect future generations of Texans. Feel free to give us a call.

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
Burnett Building
801 Cherry St #1005
Fort Worth, Texas 76102
Sources:

To learn more about Texas DUI laws please click on the following link
http://www.duiconsequences.com/state-info/texas-dui-laws.html

“These regulations only apply to property carriers and commercial motor vehicle drivers. Passenger carriers and their drivers will continue operating under the pre-2003 rules while fatigue issues specific to the passenger carrier industry are assessed.”(Federal Motor Carrier Safety Administration (FMCSA))

To see all regulations and read more about Hours-of-Service policies please go to The U.S. Department of Transportation – Federal Motor Carrier Safety Admininstration

SIMPLY stated the new rule means:

• Drivers may drive up to 11 hours in the 14-hour on-duty window after they come on duty following 10 or more consecutive hours off duty.
• The 14-hour on-duty window may not be extended with off-duty time for meal and fuel stops, etc.
• The prohibition on driving after being on duty 60 hours in 7 consecutive days, or 70 hours in 8 consecutive days, remains the same, but drivers can “restart” the 7/8 day period anytime a driver has 34 consecutive hours off duty.
• CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

Short-Haul Provision

Drivers of property-carrying CMVs which do not require a Commercial Driver’s License for operation and who operate within a 150 air-mile radius of their normal work reporting location:

• May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty.
• Are not required to keep records-of-duty status (RODS).
• May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week.
  
• Employer must:
• Maintain and retain accurate time records for a period of 6 months showing the time the duty period began, ended, and total hours on duty each day in place of RODS.

Drivers who use the above-described Short-haul provision are not eligible to use 100 Air-mile provision 395.1(e) or the current 16-hour exception in 395.1 (o).

“In developing these hours-of-service regulations, the Federal Motor Carrier Safety Administration (FMCSA) systematically and extensively researched both United States and international health and fatigue studies and consulted with Federal safety and health experts. Our roads are better designed, constructed, and maintained in a nationwide network to provide greater mobility, accessibility, and safety for all highway users. Vehicles have been dramatically improved in terms of design, construction, safety, comfort, efficiency, emissions, technology, and ergonomics. These factors, combined with years of driver fatigue and sleep disorder research, led to a revision of the hours-of-service regulations for drivers.” (FMCSA)

Large truck cases present complex issues, and often require an expert to review the circumstances of the accident. To litigate successfully against a truck driver or trucking company, the plaintiff must prove that the driver or company acted negligently. That is, you must show that the driver or company failed to exercise reasonable care:

• the truck driver was impaired by fatigue, drugs, or alcohol;
• the truck driver or the trucking company failed to maintain the truck in a safe operating condition;
• the truck driver or trucking company violated federal trucking safety rules or regulations
• the truck driver or the trucking company overloaded or improperly loaded the truck
• the truck driver operated the truck in an unsafe manner.

We can never be too careful on the road. If you or someone you know have ever been in an accident and suspected something was wrong, the best thing you can do is ask for legal advice and learn about your options are. At Borchardt Law Firm, we wish no family has to ever experience a tragic accident. However, when accidents happen our firm has successfully represented families who have been victims of drivers not following regulations. We hope that the work we do will protect future generations of Texans. Feel free to give us a call.

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
Burnett Building
801 Cherry St #1005
Fort Worth, Texas 76102