Central Texas highway enforcement officials said they are largely in favor of a recommendation made Tuesday by federal safety investigators that all states should impose a total ban on cellphone use while driving.

Austin police officials said they welcome any rules that would promote safer driving but emphasized that they should not encroach on people’s rights.

“We are in favor of any rules that would make the streets safer for drivers, as long as there is a balanced approach,” said Cmdr. Jason Dusterhoft of the Police Department’s highway enforcement division.

Dusterhoft said the recommended ban would be better suited for teen drivers, school bus drivers and commercial drivers, but ultimately it is up to state legislators to decide whether new regulations would apply to all drivers.

The unanimous recommendation Tuesday by the five-member National Transportation Safety Board is the first by a federal agency to call for an outright ban.

It comes on the heels of a series of recent deadly crashes — including one in Missouri last year in which a teenager sent or received 11 text messages in 11 minutes before an accident.

The board advised all states to enforce a ban on cellphone use while driving — including texting and email — except for emergencies and said it should apply even to hands-free devices, a stricter rule than any current state law. But it would make an exception for devices deemed to aid driver safety such as GPS navigation systems.

Though the board does not have the power to enforce the recommendation, it carries weight among federal regulators as well as congressional and state lawmakers.

John Hurt, a spokesman for the Texas Department of Transportation, said he could not see transportation departments across the country opposing such a ban.

“The evidence is clear that when you are texting you are not driving,” Hurt said. “You are looking at your cellphone.”

Safety board Chairman Deborah Hersman acknowledged that the recommendation would be unpopular with many people and that complying would conflict with what has become ingrained behavior for many Americans.

“We’re not here to win a popularity contest,” she said. “No email, no text, no update, no call is worth a human life.”

Currently, 35 states and the District of Columbia ban texting while driving, and nine states and Washington, D.C., bar hand-held cellphone use. Thirty states ban all cellphone use for beginning drivers.

But enforcement is generally not a high priority, and no states ban the use of hands-free devices for all drivers.

Texas prohibits drivers under age 18 from using wireless devices and forbids the use of hand-held cellphones in school zones.

No statewide ban on tex ting while driving exists in Texas. The Legislature passed such a bill this spring, but it was among those Gov. Rick Perry vetoed in June.

A city ordinance enacted Feb. 1, 2010, banned all texting while driving in Austin. The Police Department has written more than 200 tickets to drivers breaking the rule since — each with fines of $293 — and authorities have focused their efforts on educating residents on the dangers ‘of using cell-phones while behind the wheel; Dusterhoft said.

To support his point, Dusterhoft cited statistics from the National Highway Traffic Safety Administration, which found that nearly 5,500 people died and half a million were injured in crashes involving a distracted driver in 2009.

“More than 50 percent of teen drivers admit to texting while driving and don’t think it is dangerous,” he said. “We are trying to enact a culture change. It is going to take time.”

Central Texas Highway Enforcement in Favor of Cellphone Ban is a post from: Accident & Injury Law in Texas

Texting while driving increased 50 percent last year despite a rush by states to ban the practice. Two out of 10 drivers say they’ve sent messages from behind the wheel — and that number spikes much higher among young adults.

About half of American drivers between 21 and 24 say they’ve thumbed messages or emailed from the driver’s seat. And what’s more, many drivers don’t think it’s dangerous when they do it — only when others do.

“Everyone thinks he or she is an above average driver — it’s all the nuts out there who need educating,” said Russ Rader, a spokesman for the Insurance Institute for Highway Safety.

A national survey of 6,000 drivers, the first government study of its kind on distracted driving, and other data released Thursday by the National Highway Traffic Safety Administration underscore the difficulty authorities face in discouraging texting while driving.

At any given moment last year on America’s streets and highways, nearly one in every 100 car drivers was texting, emailing, surfing the Web or otherwise using a hand-held electronic device, the safety administration said.

Thirty-five states have adopted bans on texting while driving. The Texas Legislature approved a texting ban this year, but Gov. Rick Perry vetoed the measure, calling it an “overreach” and a “government effort to micromanage the behavior of adults.”  I guess Perry only favors micromanaging the behavior of young women (read forced HPV immunization).

Texting by Drivers up 50 Percent in 2010 is a post from: Accident & Injury Law in Texas

Ford is recalling more than 128,000 Ford Fusion and Mercury Milan sedans from the 2010 and 2011 model years because the wheels can fall off the cars.  Oops.

The recall affects only cars with 17-inch steel wheels built from April 1, 2009. through April 30, 2009, and from Dec. 1, 2009, through Nov. 13, 2010.

Federal regulators say that bolts holding the wheels on can fracture, causing a vibration. If the vibration is ignored, the wheels can separate from the car.

Ford says it’s not aware of any crashes or injuries caused by the problem.

Ford to Recall 128,000 Fusion, Milan sedans over wheel issue is a post from: Accident & Injury Law in Texas

The number of overdose deaths from powerful painkillers more than tripled over a decade, the federal government reported recently — a trend that a US. health official called an epidemic, but one that can be stopped.

Prescription painkillers such as OxyContin, Vicodin and methadone led to the deaths of almost 15,000 people in 2008, including actor Heath Ledger. That’s more than three times the 4,000 deaths from narcotics in 1999.

The overdose deaths reflect the spike in the number of narcotic painkillers prescribed every year — enough to give every American a one-month supply, said Dr. Thomas Frieden, director of the federal Centers for Disease Control and Prevention in Atlanta, which issued the new report.

Such painkillers “are meant to help people who have severe pain,” Frieden said. “They are, however, highly addictive.”

Prescriptions have risen as doctors aimed to better treat pain and as new painkillers hit the market.

The report shows nearly 5 percent of Americans ages 12 and older said they’ve abused painkillers in the past year — using them without a prescription or just for the high.

In 2008-09 surveys, Oklahomans reported the highest rate of abuse at 8.1 percent while the lowest was in Nebraska and Iowa at 3.6 percent. The national average was 4.8 percent.

Texas was below the national average for people who’ve abused painkillers in the past year at just 4.6 percent.

New Mexico had the highest overdose death rate with 27 deaths per 100,000 residents, while Nebraska had the lowest at 5.5 deaths per 100,000 residents. The national rate was 11.9 per 100,000 people.

Texas’ death rate was well below the national average at 8.6 per 100,000 residents, making it the state with the ninth-lowest rate of such overdose deaths.

Sales of prescription painkillers are highest in the Southeast and Northwest.

States oversee prescription practices and can rigorously monitor prescriptions and crack down on “pill mills” and “doctor shopping” by patients, Frieden said.

Doctors should limit prescriptions — giving only a three-day supply for acute pain, for example — and look for alternative treatments, he said.

“For chronic pain, narcotics should be the last resort,” he added.

Overall, there were 36,450 fatal overdoses in 2008, including accidental cases and suicides involving illegal drugs such as heroin and cocaine along with prescription medicines. About three-quarters of the deaths from prescriptions involved narcotic painkillers.

The report notes that fatal overdoses were more likely in men, middle-aged adults and whites and American Indians.

A federal drug plan announced this year calls for state programs to track prescriptions. All but two states — Missouri and New Hampshire — have approved them.

U.S. sees epidemic of prescription painkiller deaths is a post from: Accident & Injury Law in Texas

The curbside bus industry, based on cheap fares, has a fatal accident rate seven times higher than other types of interstate bus operators, according to a federal report released Monday.

Curbside buses pick up passengers from street corners, parking lots and in front of retail stores rather than using traditional bus terminals. More than half of the companies have been in business for 10 years or less, and 44 percent have 10 or fewer buses, said the report by the National Transportation Safety Board.

The report listed no curbside bus carriers in Austin, based on data collected by the Federal Motor Carrier Safety Administration.

The fatal accident rate for curbside operators between 2005 and March of this year was. 1.4 per 100 vehicles, cornparedwith just 0.2 percent for conventional bus operators. Curbside operators also had higher rates of deaths and  injuries.

But the Federal Motor Carrier Safety Administration, which works with states to enforce safety regulatiosn of interstate bus companies, is overburdened, the report said. There are 878 federal and state inspectors who oversee 765,000 bus companies, an average of slightly more than one inspe tor for 1,000 companies.

An in-depth review of a bus company can take an inspector two weeks or longer if the company has a lot of buses or its records aren’t well organized.

The safety administration doesn’t have authority to regulate the online brokers who sell most of the tickets for curbside operators; the report said. As a result, brokers often don’t disclose the names of bus companies to consumers who buy tickets, leaving purchasers no way to evaluate a company’s safety record beforehand, it said.

“Business and safety practices within the growing curbside bus industry create challenges for enforcement authorities and consumers alike when it comes to separating the safe operators from the unsafe operators,” safety board chairman Deborah Hersman said.

The report was requested by Sen. Charles Schumer, D-N.Y., and Rep. Nydia Velazquez, D-N.Y., in March after a speeding bus returning passengers to New York’s Chinatown after a night of gambling ran off an elevated highway. It hit a utility pole, splitting the bus from end to end. Fifteen passengers were killed and 18 injured. The bus’ operator, World Wide Travel, was shut down for safety violations.

This year, there have been 23 interstate bus accidents, in which 33 people have been killed and 452 others injured, according to Advocates for Auto and Highway Safety.

“It’s clear that the curbside discount bus industry isn’t as close to safe as the traditional bus industry,” Schumer said. The senator said he is considering introducing legislation to increase the number of federal bus inspectors and to require interstate carriers be graded from ‘A’ to ‘D’ on their compliance with safety regulations.

Report: Curbside buses have higher fatality rates is a post from: Accident & Injury Law in Texas

My wife Talia had a great idea to get my two daughters to drive safely when they come of age (which won’t be for another five years) : they can work at my office and read all the medical records of the people who have been injured in car crashes.  She feels the records are more personal and give you a better idea of what it’s like than the gory videos they show in driver’s education classes.

Here’s some information I got from Jerry Reynolds’ recent article about National Teed Driver Safety Week:

• Car accidents are the number one killer of young adults from 16 to 19 years of age.
• There is a 90 percent chance of a teenager having an accident in the first three years of driving.
• One teenager dies in a traffic accident in the United States every two and a half hours.
• Male teen drivers are twice as likely to have a wreck as female teen drivers.
• Passenger’s in your teenagers’ car increase the likelihood of a wreck and more passengers increases the odds
• Among male drivers form 15 to 20 years of age involved in fatal crashes in 2005, 37 percent were speeding and 26 percent had been drinking.
• 10 percent of high school students rarely or never wear their seat belts when riding with someone else.
• When driving, 12.5 percent of male students and 7.8 percent of female students rarely or never wore seat belts.
• In 2007, thee out of 10 teenagers reported that within the last 30 days, they had ridden with a driver who had been drinking.
• One out of 10 also reported that they had driven after drinking within the last 30 days.  Experts think those numbers have grown in the last four years.
• In 2008, three out of four teens killed in crashes after drinking were not wearing a seat belt.
• Half of teen fatality accidents occurred between 3 p.m. and midnight, and 56 percent occurred on Friday, Saturday, and Sunday.

You can get important safety tips and information at TeenDriving.com.

Getting Your Teen to Drive Safely is a post from: Accident & Injury Law in Texas

A full-grown buck can weigh from 250 to 400 pounds — and that makes it a formidable object if your car comes upon it in the middle of the road. Fall is one of the peak times for animal/vehicle collisions, particularly during the dusk to dawn hours when visibility is low and animals are moving about. Deer, moose and other tall mammals with hooves— called “ungulates” —can be particularly dangerous in a collision because they can land on your hood, windshield or roof after impact.

Help yourself and your four-legged friends stay safe this season with these tips:

• Stay alert on unfamiliar roads, particularly if rural areas and they’re lined with trees.
• Scan the sides of the roads as you drive.
• If there is no oncoming traffic, use your high beams to increase visibility.
• Don’t rely on deer whistles or other gadgetry to prevent accidents; their effectiveness has not been proven.
• Remember that if you see one animal on or near the road, there may be more. Slow down until you are safely past.
• Sound your horn to frighten off the animal. Use short bursts of sound to get the animal’s attention.
• If you encounter an animal on the road, brake but don’t swerve into oncoming traffic. To the extent that it’s possible, stay on the road and in your lane.
• Should you hit an animal, do not approach it or try to move it. A wounded animal may flail about and injure you with its hooves.
• If you or someone in your car has been hurt after an accident, contact the police or emergency personnel as soon as possible. Also notify your insurance agent about the accident.

Watch for Animals is a post from: Accident & Injury Law in Texas

Half of all booster seats don’t ensure that adult-size seat belts fit children properly in all vehicles, according to an analysis recently released by the Insurance Institute for Highway Safety.

Of 83 booster seats evaluated, 41 fell into the “check fit” category, meaning they might not provide adequate seat-belt fit for all children in all vehicles, the study found. Parents with those seats should check that the booster makes the lap belt lie flat across the child’s upper thighs and that the shoulder belt fits snugly across the middle of the shoulder, researchers said. If it doesn’t do both, parents should use another booster seat, they said. The analysis covered all US booster seats being manufactured.

Because vehicle seat belts are anchored in different locations, the researchers said the same booster might properly position the seat belt in a grandparent’s sedan but not in a family’s minivan. The rankings are available on the Web at www.iihs.org.

“We still have a lot of boosters out there not always doing a good job in every vehicle,” said Anne McCartt, senior vice president for research at the Insurance Institute for Highway Safety, a nonprofit organization funded by auto insurance companies.

Thirty-one seats, the most in the institute’s four years of analyzing boosters, fell in the “best bets” category. That means they properly position the seat belt in all vehicles.

Five boosters were ranked “good bets” for providing a proper seat-belt fit in most vehicles. Six were listed as “not recommended.”

Half of child car seats need to be checked is a post from: Accident & Injury Law in Texas

Texting while driving is more dangerous than previously thought, new findings from a Texas study show.

Reading or writing a text message behind the  wheel can drastically slow down a driver’s reaction time, according to a study released Wednesday by the Texas Transportation Institute.

“Texting while driving basically doubles a driver’s reaction time and makes the driver less able to respond to sudden roadway dangers, if a vehicle were to make a sudden stop in front of them or if a child was to run across the road,” said researcher Christine Yager, who managed the study.

Reaction times slowed from one to two seconds with no texting, to three to four seconds while texting, the study found. The study also found very little difference in response times between a driver composing a message and a driver reading one.

“If you’re on a freeway where the speed limit is 60 in rush hour and a vehicle suddenly stops in front of you, that’s not enough time to react if your eyes are glanced down at your phone,” Yager said.

Researchers studied 42 drivers between the ages of 16 and 54 on a test-track driving course.

Researchers said the study is the first published work in the U.S. to examine texting while driving in actual vehicles rather than in simulators, which have been used more frequently in previous studies for safety concerns.

Thirty-four states have adopted bans on texting while driving, according to the Governors Highway Safety Association. The Texas Legislature approved a texting ban earlier this year, but Gov. Rick Perry vetoed the measure, calling it an “overreach” and a “government effort to micromanage the behavior of adults.”

Texas law does ban cell-phone use in school zones and includes restrictions for drivers younger than 18.

In 2009, nearly 5,500 people died and half a million were injured in crashes involving a distracted driver, according to figures from the National Highway Traffic Safety Administration. Distraction-related fatalities. represented 16 percent of overall traffic fatalities in 2009, the agency said. It’s unclear how many of those fatalities can be blamed specifically on texting.

“If you look down to text for just a few seconds at 55 miles per hour, your car travels the, length of a football field while you’re not looking at the road,” U.S. Transportation Secretary Ray LaHood said in a statement responding to the study. “Texting and talking on the phone while driving can be deadly, and drivers have a responsibility to put away these distracting devices every time they get behind the wheel.”

If you were injured by a distracted driver, be sure to contact a good Austin accident attorney to help you.

Texting while driving doubles reaction time, state study says is a post from: Accident & Injury Law in Texas

Propelled by an increase in prescription narcotic overdoses, drug deaths now outnumber traffic fatalities in the United States, according to a Los Angeles Times analysis of government data.

Drugs exceeded motor vehicle accidents as a cause of death in 2009, killing at least 37,485 people nationwide, according to preliminary data from the Centers for Disease Control and Prevention.

While most major causes of preventable death are declining, drugs are an exception. The death toll has doubled in the last decade, now claiming a life every 14 minutes. By contrast, traffic fatalities have dropped by more than a third since the early 1970s to 36,284 in 2009.

Public health experts have used the comparison to draw attention to the nation’s growing prescription drug problem, which they characterize as an epidemic. This is the first time that drugs have accounted for more fatalities than traffic accidents since the government started tracking drug-induced deaths in 1979.

Fueling the surge in deaths are prescription pain and anxiety drugs that are potent, highly addictive and especially dangerous when combined with one another or with other drugs or alcohol. Among the most commonly abused are OxyContin, Vicodin, Xanax and Soma. Such drugs now cause more deaths than heroin and cocaine combined.

The most commonly abused prescription drug, Vicodin or hydrocodone, also is the most widely prescribed in America, according to the Drug Enforcement Administration.

Drug deaths outnumber traffic fatalities in U.S is a post from: Accident & Injury Law in Texas