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All the Ways You Can Get a DUI

March 11, 2018 By admin Leave a Comment

Plenty of people choose to spend their off-days and weekends drinking with their friends for a good time. A few party-goers may decide to spend the night in their car until they’re sober enough to drive home the next morning. The next thing they know, they’re being placed in handcuffs or needing a car accident lawyer. The facts are that you don’t need to be driving to get charged with DUI.

Being Behind the Wheel Is Enough

If you think drivers need to be operating a vehicle while under the influence to receive a DUI, think again. In truth, all you need to do is be in the driver’s seat with access to your keys for the police to charge you.

According to the law in most states, the conditions mentioned above are enough for a police officer to determine you’re in physical control of the vehicle. The vehicle doesn’t need to be running, so you’re still violating the law in spite of your best intentions. These charges are typically counted as misdemeanors, so the penalties aren’t as harsh as an actual DUI charge.

Some states deem this as unfair and may have a “safe harbor” law to protect those who are truly attempting to sober up. In these states, it’s recommended not to place your keys somewhere that is easily accessible. It’s still up to the police to make the final call, so it’s by no means protection against a DUI charge. All auto accident attorneys can tell you that it’s better for you to be nowhere near your vehicle while intoxicated.

Private Property Isn’t Always Safe

As long as you’re not drinking and driving on public roads, it’s legal, right? Not in most states. Some states only charge you on public roads or property, but most of them don’t make that distinction. You can get charged for drinking and driving whether you’re in your car in the driveway or on a golf cart in a private golf course.

It Doesn’t Have to Be a Vehicle

Whether a police officer can charge you with DUI or not comes down to how your state defines a “vehicle.” The word can include any mode of transportation, including even a skateboard or a tricycle. Once, a man in Oregon was arrested for riding an adult-sized tricycle on the wrong side of the road while intoxicated.

Motorized wheelchairs can also be considered a vehicle. A man from Illinois was arrested for driving one of these mobility devices while highly intoxicated. He spent the night in jail, though the police determined the wheelchair was not a vehicle and let him go the next day without penalty.

North Carolina considers motorized scooters to be vehicles. One time, a man was arrested while inebriated well above the legal limitations. He was found to be guilty of drunk driving by the judge. Oddly enough, one can ride a horse or operate a lawn mower while drinking without repercussions, technically, by law—but either is still a bad idea.

Laws vary from state to state, but most of them take a hard line when it comes to drinking and driving. Have you or a loved one been charged with a DUI or were in an accident involving a drunk driver? Schechter, McElwee, Shaffer, and Harris can help. Over 100 years of combined experience in legal service makes us the right choice when you need an auto accident lawyer.

Texas DWI Laws Extend to All Types of Vehicles

February 25, 2018 By admin Leave a Comment

A generalized definition of Driving While Intoxicated (DWI) is operating or controlling motorized and non-motorized modes of transportation while impaired due to the effects of alcohol and/or drugs. Modes of transportation can include, but may not be limited to:

Motorized Vehicles – Cars, Trucks, Crossover, Vans, Semi-Trucks, Etc.
Airplanes
Helicopters
ATV Vehicles
Farm Vehicles – Tractors, Harvesters, etc.
Trains
Bikes
Motorcycles
Lawn Mowers
Go-Karts

According to the Texas Department of Transportation, someone is injured or killed in an accident involving alcohol every 20 minutes. This is not limited to just accidents between other motorized vehicles.

Even if you think you are doing everyone a favor by riding a bike, you could still end up causing an accident. From the moment you start drinking, impairment begins. It is not the type of alcohol you drink but the volume, along with your body weight, that determines how fast you become intoxicated. The same is true with drugs.

The DWI limit in Texas is 0.08 % BAC (blood alcohol content). However, there are exceptions where one could still be charged with impaired driving for amounts less than this. In addition, anyone under the age of 21 with any percentage of BAC can be charged with a DWI. Furthermore, drivers who test at 0.15% BAC or higher can face stricter penalties if convicted and found guilty of the offense.

2015 Texas Statistics for DWI-Related Accidents

Data collected and provided by the Texas Department of Transportation from 2015 demonstrates DWI is a prevalent problem:²

Fatal DUI Crashes: 443
DUI Fatalities: 505
Incapacity DUI Crashes: 733
Incapacitating DUI Injuries: 1,009
Non-Incapacitating DUI Crashes: 1,428
Non-Incapacitating DUI Injuries: 2,076
Possible Injury DUI Crashes: 1,033
Possible DUI Injuries: 1,649

The Texas legal system will take criminal actions against those charged with DWI. However, each crash victim injured or killed by those under the influence deserves his or her own justice. This is why there are personal injury laws in place that provide them the legal right to sue the responsible party.

The injured parties are left to deal with recovery from their injuries, lost wages, medical bills, physical and mental trauma, and more. Just because the other party will probably lose his or her license, have to pay a hefty fine, and possibly spend time in jail, it still requires the responsible party to offer compensation for his or her negligence.

In the event of the death of a loved one, there are other life-altering scars left for the family to face. Even though no amount of money can justify the loss of life, it can provide the surviving family with the compensation they need to continue to live in the way they are accustomed.

In order for justice to be truly served for the victims or their families, they must sue the other party with help from a DWI accident injury lawyer. Fortunately, help is available from us at Schechter, McElwee, Shaffer, & Harris, L.L.P., the Houston TX auto accident law firm. Contact us at 713.574.5089 for a free consultation now!

Sources

Most Common Injuries Associated with Rear-End Accidents

February 21, 2018 By admin Leave a Comment

Driving a car is an undeniably hazardous activity, but this is a fact that many of us take for granted, more or less. Every day, we climb into a wheeled vehicle weighing a couple tons, and we drive it in very close proximity to other heavy vehicles at a high rate of speed. It’s not surprising that accidents happen—or that they sometimes lead to serious injury.

One of the scariest types of automobile accidents is the rear-end crash. This occurs when a car or truck slams into the back of another vehicle. In these cases, the occupants of the impacted vehicle can do little or nothing to avoid the crash; often, they never even see it coming. These accidents may also leave the victims with severe injuries.

How Rear-End Accidents Happen

These kinds of accidents can take place pretty much anywhere—at a four-way intersection, on the highway, on a dirt road, in a parking lot, and wherever else multiple vehicles are in operation. The characteristic rear-end accident involves a vehicle that has come to a stop (usually to obey a traffic signal or to avoid hitting autos or pedestrians) and a second vehicle, immediately behind it, which fails to stop, resulting in an accident.

Alternatively, a rear-end car or truck accident can occur when a vehicle in motion is struck from behind by another vehicle traveling at a higher rate of speed.

Frequently, these incidents are quite minor in nature, especially if the vehicle responsible for the accident is not moving rapidly when impact occurs. This is not always the case, however, and these high-impact accidents are what we are focusing on in this article.

Why do these accidents occur? There are a number of possible causes.

Following too closely. Even attentive drivers sometimes fail to keep a proper distance between themselves and the car in front. If the other car stops suddenly, the trailing car can’t react in time to avoid impact. That’s why it’s a good idea to observe the “three-second rule”: The vehicle in front of you should always be far enough ahead that it takes your car three full seconds to pass a specific point in the road after the other car does. Similarly, it’s also wise to keep a safe distance from other cars while you’re stopped at an intersection.

These accidents frequently result in only minor damage, as the second car is usually able to hit the brakes to minimize the effects of the crash, but severe injuries can and do happen as well.

Driving while fatigued. In our fast-paced world, a lot of us find ourselves behind the wheel when we’re tired, or even practically falling asleep. It’s an undeniably dangerous practice, however. Fatigue slows us down—but it doesn’t slow our cars down. A lot of accidents happen every year because a driver is too tired to react in time to avoid striking another vehicle. These accidents can be especially bad if a weary driver falls asleep behind the wheel.
Driving while intoxicated. It’s no secret that drinking and driving is a terrible combination. Alcohol isn’t the only substance that can impair one’s driving ability—marijuana, opiates, and some prescription drugs are dangerous as well. Far too many people underestimate the diminishment of situational awareness and reaction time that result from ingesting these substances. Some even claim that they drive better when under the influence. This is a dangerous delusion.
Distracted driving. This has always been a problem, but it has gotten much worse in our age of cell phones and other mobile devices. A lot of people have a habit of talking on the phone or checking their messages while hurling down the highway at 65 miles per hour. That’s not just dangerous; it’s often illegal. The State of Texas prohibits texting while driving, and dozens of cities across the state ban the use of cell phones altogether while operating a vehicle.¹

Bear in mind, however, that distracted driving doesn’t necessarily involve electronic devices. Eating while driving can also cause an accident of this nature, as can simply taking your eyes off the road for a few seconds.

However it happens, a rear-end accident can lead to major physical harm to its victims. Let’s take a look at the kinds of injuries associated with these accidents.

Common Injuries Sustained in a Rear-End Collision

What happens to your body in a rear-end collision? If your car or truck is hit from behind by another vehicle, you could easily suffer one or more of the following injuries:

Whiplash – This is the injury that instantly comes to the average person’s mind when they think of rear-end car accidents. It’s not a myth; whiplash is a serious complication that often results from a crash of this nature. It occurs when the impact of a rear-end accident causes a vehicle occupant’s head to jerk backward and forward in a sudden, forceful motion. If the headrest is set too low, the victim can hyperextend their neck when their head snaps backward. The victim may end up injuring the discs, ligaments, nerves, and/or intervertebral joints of the neck.

Whiplash varies widely in severity, ranging from mild discomfort that lasts for only a brief time to a chronic condition that diminishes the quality of the sufferer’s day-to-day life for years. In many cases, the injury is not felt immediately but begins affecting the victim within days of the incident. Possible symptoms include neck pain, shoulder pain, headaches, lower back pain, dizziness, and fatigue. Sometimes the victim feels tingling or numbness in the affected areas rather than pain. The condition may be difficult to diagnose properly if it involves soft tissue damage that cannot be detected on a standard x-ray.

Broken Bones – Many people break one or more bones during a rear-end crash. Oddly, fractures to the wrist or hand are not uncommon for those in the driver’s seat. That’s because the bones in this part of the body are fairly delicate, and the force of the impact could cause injury here, depending largely on the positioning of the hands on the steering wheel. Broken jaws and teeth can occur, too. In really severe crashes, arms, legs, and/or ribs can be broken as the automobile crumples under the impact.
Back and Spine Injury – Whiplash isn’t the only type of spine-related injury that occurs in rear-end car accidents. Sometimes the violent movement of the upper body creates a spinal fracture, which makes itself felt in sensations of pain, weakness, or numbness. Herniated discs are possible, too, and often these require surgical intervention. Another spine-related condition is spondylolisthesis—a vertebra shifting out of place due to trauma. Obviously, any injury to the spine is a serious problem; in the worst-case scenario, the victim becomes paralyzed.
Head and Brain Injury – Damage to the head and/or brain is more common in head-on collisions, but it can occur as a result of rear-end collisions as well. Serious injury can occur if the victim’s head strikes against the dashboard or headrest. Sometimes the victim suffers from traumatic brain injury (TBI), which can have life-long repercussions. Persons who have sustained a brain injury may experience chronic headaches, memory loss, dizziness, vision problems, nausea, difficulty with balance, and other issues.

Rear-end car accidents can be extremely serious. Frequently, the full extent of the injuries sustained by the victims is not immediately obvious, even to medical professionals examining the afflicted persons. That’s why it’s important to contact an experienced car accident attorney who understands these issues and who knows how to maximize your chances of obtaining the settlement you deserve for your pain and suffering. The Houston, TX auto accident lawyers at Schechter, McElwee, Shaffer & Harris, L.L.P. are available 24/7. Call 713-574-5089 for a free consultation.

Source

http://www.txdot.gov/driver/laws/cellphones.html

The True Breakdown of Houston Bike Lane Laws

February 1, 2018 By admin Leave a Comment

With more and more people riding bikes as an eco-friendly form of transportation, the bike lane laws in Houston can seem confusing. In some areas, bikes can be prohibited on various roadways by traffic engineers. In addition, the traffic engineers can decide at any time to prohibit bike riding on roadways simply by putting up new signage.

In other areas, like business districts, bikes cannot be ridden on sidewalks. This can further complicate issues for those who want to ride bikes when the roadways in the same area prohibit bike riding.

To learn more about Houston bike lane laws and other important details you need to know, we invite you to continue reading and reviewing the following infographic. If you or someone you care about is injured or killed while riding a bike, you could have certain legal rights if the accident was caused due to another’s negligence.

To learn more about your legal rights, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. to speak with one of our Houston TX Auto Accidents and bike accidents lawyers today.

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Respect Bicyclists: Ways to Prevent Accidents on the Road

January 25, 2018 By admin Leave a Comment

In more recent years, especially in major cities, more and more people are commuting around town on bicycles. It is easy to rent a bike from one of the stands for a quick trip down the road for lunch or for some exercise after work. With the increase in active bicyclists, motorists need to take additional precautions to help prevent accidents while sharing the road.

The bicycle traffic laws in Texas require bicyclists to follow the same laws as if they were operating a motor vehicle. This means they have to stop at red lights; yield at yield signs; use hand signals when changing lanes, stopping, or turning; and obey all traffic laws and ordinances.

Bicyclists should not weave in and out of traffic, as this can increase the risks of accidents. Rather, they should remain to the far right side of the road or in the bike lane when moving slower than traffic. The only time they should be in the main roadway is when they are turning left or merging.

Motorists also need to be aware that Texas treats bicyclists like motor vehicles in regards to lane usage. This means a cyclist has the right to be in traffic lanes and should be treated like they were another vehicle on the road.

While Texas does not have a mandatory following distance law, many cities in the state do. It is a good idea for vehicles to follow cyclists with at least three feet of space between the car and bike. Other things bicyclists and motorists can both do to help reduce and prevent accidents include:

Avoid Distractions: Put the smartphone down and pay attention to the road and your surroundings. Bicyclists are not entitled to text while cycling, just like motorists should not text while driving.
Check Your Blind Spots: Even with blind spot detection in modern vehicles, not all of these systems can register a bike. Motorists should check their blind spots before changing lanes. It is also a good idea to check the right side blind spot when turning right to make sure a cyclist is not near you. Cyclists should also check their blind spots before changing lanes or turning as vehicles can quickly gain on them.
Look Before Exiting Your Vehicle: If you park alongside the street, do a quick check behind you to make sure you are not going to open your door and cause a cyclist to run into it. Cyclists should also anticipate people opening car doors. They should slow down when approaching a vehicle with a person inside, just in case they need to stop abruptly.

By working together to share the road, both motorists and cyclists can do their part to help prevent accidents and injuries. If you or a loved one has been injured while riding a bike by a motorist, you may have grounds for a bicycle accident lawsuit. Contact Schechter, McElwee, Shaffer & Harris, L.L.P., Houston TX Auto Accidents injury lawyers at 713.574.5089 for a free consultation now!

Top Reasons for Semi-Truck Accidents

December 25, 2017 By admin Leave a Comment

According to the United States Department of Transportation’s Bureau of Transportation Statistics, the U.S. trucking industry in 2015 was responsible for hauling close to 18.1 billion tons of cargo, with a value of $19.2 trillion.¹ With so many goods being moved by ground in large semi-trucks, accidents do occur for a variety of reasons, including:

Driving Too Fast: When large trucks drive above the posted speed limits, it takes much longer to stop. Furthermore, maintaining control over the truck becomes more difficult, especially if it windy.
Driving Too Fast for Conditions: Directly related to the last reason, this is when drivers do not slow down during recommended reduced speed driving conditions like during snow, rain, sleet, fog, or ice.
Unfamiliarity with the Roads: Some accidents are caused simply because the driver is not familiar with the roadways. They might not be aware of a sharp corner, speed limits, or other such details.

Making Inaccurate Assumptions: Drivers can never assume what other motorists are going to do. Assuming a driver will slow down and let a large truck in when changing lanes is just one example of how accidents can and do occur.
Equipment Failure: From tire blowouts to nonworking taillights and headlights, equipment failures can contribute to accidents.
Following Too Closely: Driving too closely to another truck or vehicle could result in not being able to stop or slow down in time.
Distracted Driving: From eating and drinking to texting and talking on the phone or CB, there are several distractions that take the driver’s attention off of the road and lead to accidents.
Improper Lane Changes: Changing lanes without checking blind spots or making sure there is proper clearance and space can result in causing an accident.
Fatigue and Illness: Driving while tired or ill could result in the driver falling asleep behind the wheel and being responsible for an accident.

When to Contact a Truck Injury Lawyer

If you were involved in an accident caused by a truck driver and sustained personal injuries, it is worth your time to discuss your situation with a qualified truck accident attorney. Semi-trucks can weigh as much as 16 times more than your average vehicle! This added weight can cause serious personal injuries, if your car were hit by a semi-truck, such as:

Whiplash
Broken Bones
Spinal Injuries
Disfigurement
Paralyzation/Paralysis
Dismemberment/Lost Limbs (Fingers, Hands, Feet, Legs)
Head/Brain Trauma
Death

The medical costs, loss of income, pain and suffering, and other such impacts of being involved in a serious truck accident can have on your well-being and your ability to support your family can be far-reaching. In some cases, you may require special medical care and treatment for the rest of your life!

Even if your injuries seemed minor, it does not mean they will not have further impacts later in your life. If you are injured in a semi-truck accident, seek immediate medical care and treatment. Afterward, for a free consultation, contact Schechter, McElwee, Shaffer, & Harris, L.L.P., Houston TX Auto Accidents and truck crash lawyers at 713.574.5089.

Source

https://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/publications/freight_shipments_in_america/html/entire.html

How to Address Different Types of Emergencies While Driving a Semi-Truck

December 22, 2017 By admin Leave a Comment

Semi-truck drivers spend numerous hours on the road driving from city to city and location to location picking up loads and dropping them off someplace else. While the goal of all truck drivers is to avoid getting into an accident or finding themselves in an emergency situation, life happens.

If you are found responsible for causing an accident which resulted in personal injuries toward another, there are serious consequences. Not only could you jeopardize your employment and ability to drive a semi-truck, but you could also find yourself being sued by the other party and their truck accident attorney.

Rather than be caught unprepared, it is better to know how to deal with different types of emergencies and driving conditions that could happen while on the road. Not only could it make you a better truck driver but also potentially reduce the likelihood of causing an accident.

Operational Emergencies

Equipment failures can contribute to causing an accident and creating an emergency situation. Prior to driving off, it is always a good idea to do an inspection to verify everything is in proper working order.

Check headlights, taillights, turn signals, tire pressure, and other such exterior equipment. Inside the cab, make sure the dashboard lights are working, test the brakes, and check the side mirrors to see if they are aligned correctly. Even when you do these checks, it does not mean something could still not go wrong, such as:

The Brakes Fail: There can be several causes for brake failure, from cracked and broken brake lines to worn out pads. If you push on the brake pedal and nothing happens, try not to panic. Instead, take your foot off the accelerator and start downshifting into lower gears to slow the truck.

If you do not have ample space to wait for the vehicle to slow down on its own and come to a complete stop, consider using the parking brake to try to slow the vehicle down. You could also run one side of the truck up against a guardrail or raised curb. Granted, this is probably going to damage the truck, but it is better than hitting other trucks or vehicles.

The Accelerator Sticks: Something could go wrong with the linkage or a shoe or another object gets stuck and holds the pedal down. Quickly stomp on the accelerator a few times and remove your foot. If the truck is not slowing down, simply shift into neutral and apply your brakes to bring the truck to a safe stop.
A Tire Blows Out: When a tire blows out, it can cause the truck to fishtail or become difficult to control. Take your foot off the accelerator and concentrate on the point where you want the truck to go. Don’t press on the brakes until after the rear has come out of the fishtail—otherwise, you could inadvertently lose control of the truck.

Road Conditions

Uneven Pavement/Construction Zones: When driving through a construction zone, slow down, especially if the pavement is uneven. Some parts of the road can be narrower or require making sharp turns, so driving at a reduced speed makes it easier to maintain control of the truck.
Road Runoffs: You can encounter situations where tires on one side of the truck may run off the shoulder. To get the truck back up onto the road from runoffs, turn on the hazards and slow down while continuing to drive straight, with the tires off the side of the road until you come to a complete stop. Drive the truck carefully back up onto the road. Trying to correct a runoff at high speeds often leads to overcorrecting and causing an accident or flipping the rig over.

Icy Roads/Black Ice: If you encounter patches of ice and feel the rig starting to slide, take your foot off the accelerator and slowly tap the brakes to slow down even more. If roads become too hazardous, find a safe spot and wait until conditions improve.
Snow/Whiteouts: Driving on snowy roads should be done at lower speeds to maintain traction and control. Plus, it will help if it is windy and there are whiteout conditions. If roads start to become impassible or the whiteouts severe, find somewhere safe to park and wait it out.
Thunderstorms/Windstorms: Reduce your speed, as heavy rain and wind can make controlling the truck more difficult. If it becomes impossible to see or the wind is too strong, find a safe place to park until the storm passes.
Tropical Storms/Hurricanes: It is best to stay off the roads if at all possible. If you must drive, drive at slow speeds until you reach a safe location.
Fog: Drive at reduced speeds with your low-beam lights on, and turn on your hazard lights so other vehicles can see the rear of your trailer easier. If the fog is too thick, find a safe location to park and wait for better driving conditions.
Flooding: Even a few inches of standing water can cause hydroplaning when driving at high speeds. If you notice the roads are starting to flood because rain is not draining off as fast as it should, slow down. If you see rushing water coming toward your truck, stay inside, as the force of the rushing water is dangerous. Even though it can push your truck off the road, you are safer inside.
Tornados: This is one time you want to get out of your truck and as low to the ground as possible, like in a ditch or under an overpass. Never try to outrun a tornado, as they can quickly and abruptly change directions.

Preparing for Roadside Emergencies

Since it is difficult to predict what, if any, roadside emergencies you may face, it is a good idea to always have an emergency roadside kit packed and stocked. You will want to make sure your kit includes:

First Aid Kit
Roadside Flares
Reflective Warning Triangles
Portable Smartphone Chargers
Tool Kit
Weather Radio
Flashlight
Extra Batteries
Bottles of Water
Rags/Towels
Portable/Camping Shovel
Ice Melt/Sand
Extra Blankets
Warm Clothing
Rain Coat/Rain Boots
Dry/Nonperishable Foods

Life-Threatening Emergencies

Life-threatening emergencies are those where you or your co-driver requires immediate medical treatment. Since emergencies that are life-and-death situations can create added stress and anxiety, it is better to call 911 and not drive yourself to the hospital.

In cases where you have a deep cut and need stitches, feel ill and are running a high fever, or other such conditions that are not necessarily life-threatening, it is still a good idea to not drive yourself. Park your truck at a truck stop or other safe location and take a taxi or have someone else drive you to the emergency room or medical clinic.

What if I Am In or Cause an Accident?

No matter who is at fault for the accident, call 911 immediately. Once help arrives, make sure to seek a medical evaluation, even if you are feeling fine. Adrenaline levels tend to be higher during accidents, which can mask pain and injuries.

It is not unheard of to realize you were injured 24 to 48 hours after the accident. In some cases, you could also have internal injuries that may be life-threatening. It is for these reasons we highly recommend a medical evaluation following an accident.

If you sustained personal injuries, like sprained, strained, or broken limbs or more severe injuries, and the accident was not your fault, it is in your best interests to consult with one of our truck accident injury lawyers. You could have grounds to file an accident injury lawsuit against the other party for your personal injuries.

In addition, there are time-sensitive statute of limitations you need to be aware of should you want to take further legal actions after an initial, free consultation. If you have further questions and want to speak with a truck crash lawyer, please feel free to call Schechter, McElwee, Shaffer, and Harris, L.L.P., Houston TX Auto Accidents and truck accident injury lawyers at 713.574.5089 now!

DUI vs. DWI in Texas: What’s the Difference?

December 22, 2017 By admin Leave a Comment

There are several differences between DUI and DWI, but both should be considered serious offenses. DUI means driving under the influence of alcohol. If you are under the age of 21, you can be convicted for DUI with any detectable amount of alcohol during a BAC (blood alcohol concentration) test.

DWI means driving while impaired. The amount of impairment is measured by the results of a BAC test. Based on the test results, it will determine the seriousness of the offense, the Class of offense you are charged with, and potential outcomes if you are convicted and found guilty.

Texas takes DUI and DWI offenses very seriously and has some rather strict punishments for those convicted including large fines, hefty license fees, and jail time. For further differences between DUI and DWI in Texas, as well as to learn more about potential penalties for the offenses, please continue reviewing the following infographic.

If you were or a loved one was injured in a car accident due to the negligence of a DUI or DWI driver, please feel free to contact the auto accident lawyers at Schechter, McElwee, Shaffer, & Harris, L.L.P.

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Are Protected Bike Lanes the Future?

December 8, 2017 By admin Leave a Comment

When we talk about roadways and traffic safety, we tend to talk predominantly about motor vehicles—cars, trucks, motorcycles, etc. In our mile-a-minute world, it can be easy to forget that bicyclists also share a right to the road.

Unfortunately, the interaction between drivers and bicyclists can be confusing, frustrating, and, in some cases, dangerous. From confusion about where to ride and when drivers should pass to difficulty navigating intersections, combining bikes and cars on the road can, unfortunately, create a number of uncertain and risky situations for everyone involved.

In this article, we’ll take a look at how the inclusion of protected bike lanes on major roadways can reduce the risk of accidents, as well as how these bike lanes are growing in popularity throughout the nation. Could protected bike lanes become a standard feature on roads in the future?

The Importance of Bike Lanes

Although current driving laws treat bicycles the same as motor vehicles, people have long argued that mixing slower, minimally protected bicyclists with faster, 2,000-lb vehicle drivers creates unnecessary difficulties. Sometimes, frustration with slow bicyclists can cause drivers to speed around them at close range, placing both parties—and any oncoming traffic—at greater risk. Similarly, frustrated bicyclists in regular traffic sometimes ignore the risks and start darting between vehicles in a slow-down.

With the addition of a dedicated lane for bicyclists, fast motor vehicle traffic and slower bicycle traffic are physically separated, making clear to drivers and bicyclists via road markings which kind of traffic is allowed in which lane. For populous areas with a lot of bicyclists, this small amount of additional organization and clarity can greatly improve the flow of traffic, as well as reduce frustrated, risk-taking behavior.

Bike lanes have also been widely lauded for their encouragement of a healthy lifestyle and environmentally friendly transportation solutions. By making it easier for people to ride bikes to work, stores, and other common destinations, people can choose to take a bike over a fuel-consuming car more often. For the rider, this means more exercise, fewer vehicle emissions, and major savings on often expensive gas costs.

How Do Protected Bike Lanes Actually Work?

A protected bike lane is more than just a line painted for occasional use. Unlike existing unprotected bike lanes which can also serve as bus lanes or be used as turn lanes for cars, protected bike lanes are designed specifically for bicyclist use only (motorcycles do not qualify). These lanes would be treated equally to the roads, which means that they would be cleared of snow in the winter and kept free of parked vehicles at all times.

While protected bike lanes can be easily designated with a standard white line or a wide lane of colorful paint, they may also be separated from drivers by a physical median or barrier for added safety.

In some design plans, protected bike lanes have even been given their own set of lights to address the unique nature of bike traffic. This idea could be beneficial for both bicyclists and drivers, in that it could prevent confusion regarding whether the bicyclist or the vehicle has the right of way.

As we all know, not everyone has a great understanding of the rules of the road. By taking human error out of the picture and automating traffic signals for bicycle lanes in tandem with standard traffic lights for cars, both will be able to navigate intersections and roadways safely without the risk of collision.

Naturally, making any sort of addition to public roadways will require a significant financial investment on the part of the city. In some cities, bicycle commuters may not be common enough to justify this expense. For cities where traffic and environmental issues are a major public concern, however, benefits like increased bicyclist safety and reduced vehicle emissions may well outweigh the initial cost.

To reduce the financial burden on cities, existing streets can easily be modified to add a protected bike lane by adding movable physical barriers like posts and planters.³ This creates instant lane separation without any costly construction projects.

The Future of Traffic Could Mean More Bikes

Over the last decade, people have increasingly turned to bikes for regular transportation for a variety of reasons. Some have taken up biking to address environmental concerns, save money on gas and automotive expenses, and improve their personal health by exercising more regularly.

Should the cost of living, the price of fuel, and the social interest in environmentalism continue to increase over time, we may find that bikes become a part of normal daily traffic all over the country.

As of 2017, we’re already moving in the direction of protected bike lanes in highly populated areas. Even now, some major metropolitan cities are seeing enough bicycle traffic and potential overall traffic benefits to justify the addition of widespread protected bicycle lanes.

In Minnesota, the twin cities have been rolling out a long-term plan to add a network of bike lanes, in both Minneapolis and St. Paul, to address growth and greenhouse gas emissions concerns. Both cities have seen an increase in bicycling since making the metro area more bike-friendly.¹ Similarly, Los Angeles has proposed Mobility Plan 2035,⁴ a complete overhaul of public transportation and bicycle lanes that will add about 300 miles of protected bike lane.

Protected Lanes May Improve Accident Statistics

According to data from the National Highway Traffic and Safety Administration (NHTSA), 818 pedalcyclists (i.e., bicyclists, unicyclists, tricyclists, and riders of other non-motorized, pedal-driven vehicles) were killed in the year 2015, accounting for roughly 1.8% of total traffic crash fatalities.

Of those fatalities, 70% occurred in urban areas.² While this may seem like a small amount, overall, these 818 individuals might not have perished had bicyclists been given a dedicated space away from heavy, fast-moving cars, trucks, and buses.

In addition to potentially reducing the number of crashes between motor vehicles and bicycles, clarifying traffic with bike lanes may also reduce the number of crashes between motor vehicles. All too often, drivers create additional crash risks by swerving around bicyclists. Separating bicycle traffic from motor vehicle traffic eliminates the need to swerve.

Have You Been Injured in a Crash? Our Vehicle Accident Law Firm Can Help

If you’ve been injured in a crash involving a bicycle and one or more motor vehicles, you may be facing significant medical bills, loss of income, and more. As an accident victim, you have a legal right to seek damages to help you cover these expenses and compensate you for your pain and emotional distress. When you seek damages from the responsible party in court, make sure you have the legal representation of an experienced accident injury attorney like those at Schechter, McElwee, Shaffer & Harris.

The talented accident lawyers at our law office have been winning severe injury cases for more than 50 years. To learn more about how we can help you with your accident injury case or schedule a free consultation, call us anytime, 24/7, at (713) 364-0723.

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Walking Is More Dangerous Nowadays, and Here’s Why

November 25, 2017 By admin Leave a Comment

The nation’s roads have become more hazardous than ever, and pedestrians bear the brunt of the danger. According to the Governor’s Highway Safety Administration (GHSA), the number of pedestrians killed in the United States rose by 25 percent between 2010 and 2015.¹ That puts the pedestrian accident statistics for 2015 at a 25-year high.

A Closer Look at the Numbers

Preliminary pedestrian accident statistics for 2016 don’t look promising, either. Based on available data, the GHSA estimates that fatalities increased by 11 percent over the course of one year alone—the single biggest jump in history.

A few years ago, fewer than 5,000 people died every year while walking on or near roads. Just how many pedestrians were killed in 2016? Official statistics suggest we’re on track to see nearly 6,000 pedestrian deaths per year.

What’s behind the statistics? Why are more pedestrians dying now than at any time in the past quarter-century? No one knows for sure, but they have put forward a number of educated guesses.

What Accounts for the Unprecedented Numbers?

Most likely, the spike in pedestrian deaths is the result of not just one cause, but many combined factors. For one, a stronger economy means more cars on the road and more people commuting to work. Low gas prices have also given people the incentive to drive more often. More miles driven equates to more accidents, and that leads to more deaths.

Yet that’s only part of the story. The rest might be explained by one word: distraction. Nowadays, both drivers and pedestrians are spending more time looking down at their phones and less time paying attention to the road in front of them. Even the proliferation of mobile devices doesn’t account for everything, though.

Indeed, the leading cause of pedestrian accidents remains the same as always: speed. To a pedestrian, the difference between 20 miles per hour and 40 miles per hour can be the difference between life and death, or at least between a 10 percent and an 80 percent chance of dying.²

How to Stay Safe

It’s not easy to avoid all road hazards, but there are some steps pedestrians can take to minimize the risks. For one, walkers should always wear bright or reflective clothing at night, since 74 percent of fatalities occur after the sun sets.¹ In addition, they should stay sober and keep their phones in their purses or pockets, at least until they’ve stopped in a safe spot.

Cities and car manufacturers can also play a role in protecting pedestrians. More sidewalks, better road and intersection designs, and smart alert technology can all help reduce the fatality rate. Finally, drivers bear the greatest responsibility. It’s up to them to stay sober, stay alert, and keep their speed down to safe limits.

What to Do When Tragedy Strikes

If you’re one of the thousands of people who have been injured in a traffic accident while walking, there are steps you can take to recover damages. Family members who have lost loved ones to pedestrian accidents can also seek redress through the legal system. The first step is to call a seasoned car accident lawyer.

At Schechter, McElwee, Shaffer & Harris, L.L.P., we specialize in helping accident victims obtain compensation for medical expenses, lost wages, and loss of earning capacity, as well as pain and suffering, loss of companionship, and quality of life damages.

Know your legal rights. Reach out to an auto accident lawyer today to receive a free consultation.

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