March 1st, 2010 Roberts & Roberts
I am Randy Roberts, the Southlake widow’s attorney, whom Ed Wallace referenced in his Toyota story posted with BusinessWeek on February 25 (as well as with the Fort Worth Star-Telegram on February 26, 2010). I am posting my response to Mr. Wallace’s story on my law firm’s website because I was not permitted to post my response on his BusinessWeek website.
Contrary to what Mr. Wallace wrote, neither I nor the widow have ever received any service records on the family’s Toyota Avalon from Chris Grady or his Texas Toyota of Grapevine dealership. On February 10, 2010, I sent Mr. Grady a registered letter requesting a copy of his dealership’s records on the Hardy family’s Toyota. On February 25, Mr. Grady told my investigator that he had never received my letter. When my investigator informed Mr. Grady that we had a signed receipt for the letter from Mr. Grady’s associate (dated February 13), Mr. Grady told my investigator that his associate did not remember receiving the letter.
I would like to know when Mr. Grady told Mr. Wallace that he had “already turned over the service records” to me? How does Mr. Wallace know that the service records don’t show that the Hardy’s car had previously been brought into the dealership for a complaint involving unintended acceleration? Did he receive our copy of the service records? If he has reviewed the records, how can he be sure that those records are complete (given the questionable reliability of his sources at the dealership)? I don’t know the answers to these questions because Mr. Wallace never bothered to interview me or the widow before he wrote his story questioning the validity of the widow’s case or defending Toyota and its dealership.
Apparently Mr. Wallace also didn’t interview the eyewitness who reportedly “was unable see a driver sitting up” in the car before the accident. If he had, he would know that this witness also didn’t see the three passengers in the car. Moreover, it is not surprising that the local police found no evidence of braking (i.e., skid marks) because the car was equipped with an ABS braking system.
I have not filed a lawsuit on behalf of the widow because we still don’t know all the facts. I thought that journalists, like Mr. Wallace, were also supposed to confirm their facts before publishing a story?
Posted in Defective Products, Transportation Safety, Uncategorized | No Comments »
January 22nd, 2009 Roberts & Roberts
Millions of Motorists Continue to Buckle Up
Nine of ten Texas motorists are continuing to buckle up, thanks to almost a decade of annual campaigns conducted by the Texas Department of Transportation (TxDOT) urging drivers and passengers to fasten their safety belts.
A new survey completed by the Texas Transportation Institute (TTI) indicates that 91.2 percent of drivers and front seat passengers in Texas are abiding by state law to buckle up. It is the third year in a row that the Texas safety belt use rate has topped 90 percent.
“We are extremely pleased that Texas is one of only 11 states in the nation where more than 90 percent of motorists have gotten the message to buckle up,” said Terry Pence, director of TxDOT’s Traffic Safety Section. “Our ongoing challenge is to reach the drivers and passengers who still aren’t in the habit of using safety belts, particularly those who drive or ride in pickups.”
TTI’s survey found that drivers and passengers of pickup trucks are the least likely to buckle up. While an estimated 88 percent of pickup drivers comply with state law, pickup passengers are lagging behind. Observers found that only 78 percent of passengers in pickups use safety belts, even though required by law.
Researchers say the state has made steady progress to convince the state’s 15 million licensed drivers and their passengers to buckle up.
“When we first conducted a safety belt survey in 1985 in 12 Texas cities, only 14 percent of drivers and passengers were using safety belts,” said Katie Womack, a senior research scientist with TTI’s Center for Transportation Safety. “After the safety belt law was enacted in 1985, the usage rate jumped to 65 percent, and it’s continued to go up, hitting the 90% mark for the first time in 2006.”
TxDOT attributes the steady rise in safety belt use in recent years to the annual Click It or Ticket campaign, which combines extensive public service announcements with stepped-up law enforcement efforts each May. As a result of the surge in safety belt use in Texas since 2001, federal officials at the National Highway Traffic Safety Administration (NHTSA) estimate that 1,600 lives have been saved, 37,000 injuries have been prevented and economic savings have reached $6.6 billion.
According to NHTSA, safety belt use doubles the chances of surviving a serious crash. It also can prevent motorists from receiving a fine of up to $200.
(original story can be found at http://www.dot.state.tx.us/news/063-2008.htm)
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December 31st, 2008 Roberts & Roberts
Safety Tips – DWI
About every 20 minutes in Texas, someone is hurt or killed in a crash involving alcohol. We urge you to take responsibility for your actions. Don’t drink and drive.
How Much is too Much?
Impairment begins with the first drink. Your gender, body weight, the number of drinks you’ve consumed and the amount of food you’ve eaten affect your body’s ability to handle alcohol. Two or three beers in an hour can make some people legally intoxicated. Women, younger people and smaller people generally become impaired with less alcohol.
The Law on DWI
In Texas, a person is legally intoxicated and may be arrested and charged with DWI with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.
DWI with a Child Passenger
You can be charged with child endangerment for driving while intoxicated if you’re carrying passengers younger than 15 years old. DWI with a child passenger is punishable by:
a fine of up to $10,000,
up to two years in a state jail, and
loss of your driver license for 180 days.
What Happens if You’re Stopped
If you’re stopped, be ready to show your driver license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, your driver license will be automatically suspended for 180 days.
Punishment for DWI varies depending on the number of convictions:
First Offense
A fine of up to $2,000
Three days to 180 days in jail
Loss of driver license up to a year
Annual fee of $1,000 or $2,000 for three years to retain driver license
Second Offense*
A fine of up to $4,000
One month to a year in jail
Loss of driver license up to two years
Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license
Third Offense*
A $10,000 fine
Two to 10 years in prison
Loss of driver license up to two years
Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license
*After two or more DWI convictions in five years, you must install a special ignition switch that prevents your vehicle from being operated if you’ve been drinking.
How to Stay Safe
Don’t drink and drive.
Designate a driver.
Call a cab.
Spend the night where you are, if possible.
Who’s driving tonight? If you’ve been drinking, it’s not you.
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December 31st, 2008 Roberts & Roberts
Though the percentage of alcohol-related fatalities in the state has decreased over the past few years, Texas continues to lead the nation when it comes to alcohol-related traffic fatalities. In 2007, 1,485 people died in
alcohol-related crashes on Texas roadways.
According to transportation safety experts, during December in Texas alone,
more than 27,000 traffic crashes will injure 20,000 people and kill around
335 more. About 150 of those fatal crashes will involve someone who was
drinking. (Estimates are based on an analysis of Texas crash data since
2001.)
This year, TxDOT and Santa Claus have some advice for Texas motorists: drive sober this holiday season and avoid a stiff fine, losing your driver’s license, jail time and a lump of coal in your stocking. For the 11th
consecutive year, TxDOT is sponsoring a holiday-themed public education campaign to remind Texans not to drive if they¹ve been drinking.
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October 17th, 2008 Roberts & Roberts
In 2008, 413,000 large trucks (gross vehicle weight rating greater than 10,000 pounds) were involved in traffic crashes in the United States;4,584 were involved in fatal crashes. A total of 4,808 people died (12% of all the traffic fatalities reported in 2007) and an additional 101,000 were injured in those crashes.
In 2006, large trucks accounted for 4 percent of all registered vehicles and 7 percent of total vehicle miles traveled. In 2007, large trucks accounted for 8 percent of all vehicles involved in fatal crashes and 4 percent of all vehicles involved in injury and property-damage-only crashes.
One out of nine traffic fatalities in 2007 resulted from a collision involving a large truck.
Of the fatalities that resulted from crashes involving large trucks, 75 percent were occupants of another vehicle, 8 percent were non-occupants, and 23 percent were occupants of a large truck.
Large trucks were much more likely to be involved in fatal multiple-vehicle crash – as opposed to a fatal single-vehicle crash- than were passenger vehicles (82% of all large trucks involved in fatal crashes, compared with 59% of all passenger vehicles).
In a 28 percent of the two-vehicle fatal crashes involving a large truck and another type of vehicle, both vehicles were impacted in the front. The truck was struck in the rear 3.2 times as often as the other vehicle (19% and 6%, respectively).
In half of the two-vehicle fatal crashes involving a large truck and another type of vehicle, both vehicles were proceeding straight at the time of the crash. In 11 percent of the crashes, the other vehicle was negotiating a curve. In 7 percent, either the truck or the other vehicle was stopped or parked in a traffic lane (5% and 2%, respectively).
Most of the fatal crashed involving large trucks occurred in rural areas (62%), during the daytime (66%), and on weekdays (78%). During the week, 74 percent of the crashes occurred during the daytime (6 a.m. to 5:59 p.m.). On weekends, 62 percent occurred at night (6 p.m. to 5:59 a.m).
The percentage of large-truck drivers involved in fatal crashes who had a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dl) or higher was 1 percent in 2007. For drivers of other types of vehicles involved in fatal crashed in 2007, the percentages of drivers with BAC levels .08g/dl or higher were 23 percent for passenger cars, 23 percent for light trucks, and 27 percent for motorcycles.
Driver of large trucks were less likely to have a previous license suspension or revocation than were passenger car drivers (8% and 15%, respectively).
Nearly one-fourth (24%) of all large-truck drivers involved in fatal crashes in 2007 had at least one prior speeding conviction, compared to 19 percent of passenger car drivers involved in fatal crashes.-National Highway Traffic Safety Administration
Posted in Transportation Safety, Uncategorized | 1 Comment »
October 17th, 2008 Roberts & Roberts
Bus safety experts examine Texas rollover crash
Loopholes in laws made it possible for a Mexican motorcoach to operate in the United States despite not meeting U.S. safety standards, National Transportation Safety Board member Debbie Hersman said during a recent public hearing.
Hersman chaired the hearing on Oct. 7-8 to examine the facts and circumstances surrounding a motorcoach rollover crash that occurred Jan. 2 on U.S. Route 59 near Victoria, TX.
One passenger was fatally injured and 46 passengers and the driver sustained injuries in the crash. The motorcoach, which entered the United States from Mexico and was being operated by a Houston-based charter bus company, overturned and struck a guardrail. It rolled over onto its right side and came to rest blocking all lanes of Highway 77. A subsequent collision occurred when a pickup truck collided with the motorcoach after it had come to rest.
Preliminary investigation findings show the operator of the bus registered it in two different states using false or storefront addresses and employed a third party to complete the paperwork. “It appears that the complicated steps the operator took to register the bus were designed to take advantage of loopholes in the registration process that would allow him to obtain a state license plate for a bus that did not meet the Federal Motor Vehicle Safety Standards,” Hersman said.-National Safety Council
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September 22nd, 2008 Roberts & Roberts
Oberstar: Technology could have prevented California train collision
Use of updated technology could have prevented a recent train collision that killed 25 passengers in Chatsworth, CA, Rep. Jim Oberstar, D-MN, said Sept. 17.
A Metrolink commuter train collided on Sept. 12 with a Union Pacific freight train, killing 25 people and injuring 135 others. Oberstar, chairman of the House Committee on Transportation and Infrastructure, said in a news release that the use of safety technology, such as global positioning systems, could have prevented the crash. In October 2007 the House passed the Federal Railroad Safety Improvement Act of 2007 (H.R. 2095), which would require trains to be equipped with collision avoidance systems. The bill moved to the Senate, where it passed Aug. 1 with an amendment by unanimous consent. It now awaits President Bush’s signature.
The National Transportation Safety Board said investigators are examining the Metrolink engineer’s cell phone records from his service provider. Some records received late on Sept. 17 showed the engineer sent and received text messages on the day of the crash, including some while on duty. The board will correlate the records with the crash investigation to determine the precise times messages were sent.
Posted in Transportation Safety | 2 Comments »
August 18th, 2008 Roberts & Roberts
FRA withdraws proposed railway safety regulation
Alleged discrepancies and lack of clarity on essential railway safety issues caused federal safety officials to withdraw a notice of proposed rulemaking aimed at reducing roadway worker injury and death from train or equipment movements on an adjacent track.
The notice of proposed rulemaking (.pdf file), published in the July 17 Federal Register, would “require railroads, contractors to railroads, and roadway workers to adopt and comply with additional on-track safety procedures.” The proposed rule also would have covered work groups using certain maintenance equipment and in certain situations; as well as requirements or training, job safety briefings, and recordkeeping practices.
FRA officials on Aug. 13 published notice of the withdrawal, citing concerns with parts of the NPRM accurately capturing consensus recommendations and clarity of safety issues.
Since May 2004, four rail employee fatalities have occurred on tracks adjacent to a track where a group of roadway workers had been operating on-track maintenance equipment. The most recent fatality occurred March 27.
Study: Cable barriers save lives, money
High-tension cable barriers that serve as the median along some Texas roadways are saving lives and money, according to a study conducted by the Texas Transportation Institute.
Researchers with TTI and the Texas Department of Transportation studied the effectiveness of the barriers for 12 months. According to a media release, preliminary findings showed the barriers – designed to prevent head-on vehicle collisions – prevented 18 fatalities and 26 injuries. Last year, a similar study showed fatalities dropped from 52 to just one.
The study also found that although maintenance costs for the cable barriers are much higher than costs to repair concrete barriers, overall costs are less expensive than concrete barriers. Other studies have shown use of cable median barriers can involve road design issues and cost issues. TxDOT has installed cable median barriers along about 700 miles of Texas roadways.
Crackdown on impaired driving begins Aug. 15
Law enforcement agencies nationwide will be watching for drunk and impaired drivers as part of the National Crackdown on Impaired Driving, taking place Aug. 15 to Sept. 1.
According to the National Highway Traffic Safety Administration, more than 16,000 lives are lost each year in alcohol-related motor vehicle crashes. In 2006, 17,602 people died in alcohol-related crashes. Progress has been made in reducing alcohol-related crashes for drivers younger than 21, but NHTSA statistics show people 21-34 years old continue to be disproportionately represented in alcohol-related motor vehicle cra
Posted in Transportation Safety | 1 Comment »
