The Kipness Law Firm, P.C

Gov. Perry Refuses To Sign Law To Ban Texting & Driving

June 22nd, 2011

Texas Governor Rick Perry vetoed a bill that would have prevented texting and driving.  His excuse is the bill is “an overeach and it was a government effort to micro manage the behavior of adults.”

The bill, had it been signed by Gov. Perry, would have been known as the Alex Brown Memorial Act.  Alex Brown was teenager who died in a single car accident because she was texting.  The bill would have required Texas cities and counties to prohibit a person from sending or receiving a text message while driving a car.  

Text-based messaging is prohibited in 31 states.  Texas decided not to join this group.  Nine states prohibit texting and driving by new drivers and three states prohibit school bus drivers from texting.  Eighty percent of all car accidents result from driver inattention.  Some studies show drivers that text and drive are twenty more times likely to have an auto accident than drivers that are talking on a cell phone.  Drivers who text take their eyes off the road an average of 4.6 seconds for every 6 seconds they are driving.

In 2009, 5474 were killed in car accidents in the U.S. because of distracted driving and 448,000 were injured.  Of the 5474 car accident deaths, 995 involved cell phones.

Jason Kipness and The Kipness Law Firm believes Gov. Perry should have signed this e-mail.  It would have helped prevent needless deaths and personal injuries that arise in texting auto accidents.

Gov. Perry Signs Bill To Increase Punishment for Drunk Drivers

June 21st, 2011

House bill 1199 has been signed by Gov. Perry.    This law is known as the Abdallah Khader Act.  Abdallah Khader is a five year old boy that has permanent brain damage because he was injured by an intoxicated drunk driver.  The Defendant Stewart Richardson, was a repeat drunk driver, who crashed into the Khader family car.   Abadallah’s mother has stated “Every single day it breaks my heart.”

This law will increase penalities for drunk driving offenses.  The law is effective September 1, 2011.  Unfortunately, it will not apply to Abdallah Khader’s case.  The new law states a drunk intoxicated driver will be found guilty of a second degree felony if, at trial, it is shown the drunk driving caused “serious bodily injury to another in the nature of a traumatic brain injury that results in a persisent vegetative state.”

The law also states that if an alcohol concentration level of 0.15 or more is found, the offense is a Class A misdemeanor.  Unfortunately, other laws to prevent drunk driving were not signed by Governor Perry, including laws to revoke drunk driver’s licenses after second offenses; laws to implement sobriety checkpoints, and mandatory interlock devices for first time offenders.

Last year, Texas ranked 45 out of 50 states with the worst drunk driving incidents.  There were 1235 deaths from drunk drivers; 124,662 arrests of 3 time repeat offenders; 18,271 arrests of 5 time repeat offenders.  Forty percent of traffic deaths were from drunk drivers.

MADD supports setting the illegal blood alcohol content (BAC) limit for non-commercial drivers age 21 and older at .08.   This is the law in Texas.

Dallas Car Accident Lawyer: Texas Auto Insurance Requirements

November 3rd, 2009

The minimum amount of auto liability insurance in Texas to cover a car accident is:

  • $25,000 for a single death or injury;
  • $50,000 for death or injury to more than one person; and
  • $25,000 for property damage

Failure to carry auto insurance can result in the suspension of your driver’s license.

If you move to Texas, you need to confirm your auto insurance company will still cover you.  If you are involved in a car accident, you must report the accident to the police if:

  • more than $500 of property damage was done to a car or
  • if anyone is injured, no matter how seriously

Each driver must make a report to the Texas DPS.  If a law enforcement officer investigates the car accident, the officer’s report will take care of this filing requirement. 

You should purchase as much insurance as you can afford.  Many personal injury and wrongful death cases involving car accidents are worth more than the policy limits.  You may be personally responsible for any personal injury cases if the jury returns a verdict above your policy limits.

Texas Injury Lawyer: Tips to Avoid Car Accidents Around Children

November 3rd, 2009

Children do not always obey safety rules.  They may suddenly dart out into a street to chase a ball or friend.  One needs to drive carefully when around playgrounds, schools, or parks.

The speed limit in school zones is 20 mph.  When driving around schools, watch for pedestrians and bicycles.  Looks for safety patrols or school crossing guards.   You also need to be on the lookout for school buses that may stop.  When a school bus is flashing red lights you must stop until the children have boarded or exited the bus.  This rule applies to traffic approaching a bus and traffic behind the bus.

You should stop for anyone crossing a street on foot and do not pass a pedestrian from behind.  Do not drive on a sidewalk.

Dallas Car Accident Lawyer: Tips to Avoid Accidents at Railroad Crossings

November 3rd, 2009

In 2008, 263 people were killed in car accidents with trains.  You are 40 times more likely to die in a car accident with a train than an accident with another car. 

Almost half of all car accidents at railroad crossings occur at crossings that do not have safety equipment such as flashing lights, automatic gates.  Trains, due to their size and weight, need more time and distance to stop than a car.  A train traveling 50 mph needs 1 1/2 miles to stop.

Car and train accidents can be avoided by doing the following:

  1. Cross tracks at designated crossings
  2. Do not walk, run, cycle or ride ATVs on the railroad track
  3. If your car stalls on a railroad crossing, get out immediately and call the police
  4. Watch for a second train if you are crossing multiple railroad tracks
  5. Do not race a train to a railroad crossing
  6. Do not drive around or under lowered railroad gate
  7. Approach railroad intersection, like all intersections, with care and be ready to yield to the train
  8. Expect trains to run day and night and at anytime

To cross a railroad intersection safely, you should:

  1. Stop well away from the tracks
  2. Observe all warning devices and determine if lights, bells, or gates have been activated to indicate an approaching train
  3. If warning devices are not on, still look in both directions
  4. Listen for warning sounds such as train whistles or horns
  5. If you see a train coming, stop and do not cross the tracks until the train has passed
  6. Once it is safe, cross without delay and never stop on a railroad track

Dallas Truck Accident Attorney: Different Rules Apply to Trucks

October 29th, 2009

When driving a car, you need to be appear of the different rules that apply to trucks that are traveling near you.  To reduce the chance of a Dallas truck accident, be familiar with a truck’s capablities and how it moves.

You should never pull in front of a truck and suddenly stop or slow down.  Trucks, due to more weight, require more time and distance to slow down.  A car traveling at 50 mph can stop in 230 feet but a large truck requires 400 feet at the same speed.

Because trucks are longer, they require a longer parth to make a turn.  This is why trucks and 18 wheelers swing out left before making a right turn.  When behind a large truck, if it signals for a turn, slown down and look at its signals because a right turn signal may require the truck to turn left first.

One should also be aware of a truck’s blindspots.  Car drivers wrongly assume a trucker can see the road better because it is higher on the road.  Trucks have serious blind spots and a car can get lost in the blind spot.  If you cannot see the truck driver, assume you are in a blindspot and he cannot see you..

Trucks cannot move the same as cars.  They require longer stopping and starting distances and need more space to turn.  Common car driver mistakes that lead to truck accident, injuries, and even death are:

  1. Cutting off a truck to reach an exit or make a turn (Do not speed up to pass a truck)
  2. Driving alongside a truck when passing in slow manner (Move ahead of truck after passing it)
  3. Tailgating (truck driver cannot see you and leaves no space in the even the truck must stop)
  4. Underestimating size and power of a truck (Do not think truck is traveling at slower speed)

Knowing these rules should help a driver avoid truck accidents.

Dallas Accident Attorney: Driving With Bicycles and Pedestrians

October 29th, 2009

Different rules apply on the road when you are confronted with pedestrians or bicyclists.   Knowing how to deal with them will avoid accident, injuries, and even death

Bicyle riders on the streets have the same rights and rules as automobile drivers.  Bicyclists are entitled to the same respect as other vehicles.  Likewise, bicycle riders must obey all the rules of the road.  They deserve special attention because bicycle and car accidents can results in serious personal injuries.  To avoid accidents, leave enough passing room and avoid making sharp turns that threaten a bicyclists safety.

When you notice pedestrians on the road, please be careful.  In 2007, 70,000 pedestrians were injured and 4654 were killed in traffic accidents.   Pedestrians will always receive the worst when involved in an accident with a car.  When around pedestrians, you should drive slow and carefully and be ready if they attempt to cross your path of travel.  Stop for anyone crossing the street on foot and do not pass vehicles ahead of you that have stopped at a crosswalk to let a pedestrin walk across the street.  Never drive on a sidewalk and when entering an intersection with a crosswalk, yield to the pedestrian.

When driving a car in construction areas, be wary of workers.  Drive slow through work areas because their lives are in your hands.  Slown down when you see orange signs, flags, orange jackets on workers or road equipment.  Do not cross cones that indicate lane closures and do not stop or slow down to watch the road work.

Dallas Motorcycle Accident Lawyer: Sharing the Road with Motorcyclists

October 29th, 2009

One should be mindful of safe driving when their are motorcycles on the road.  In 2007, there were 5154 motorcyclist accident deaths, which was 10% of all traffic deaths.  Many times the driver of a car does not see the oncoming motorcylist at all or does not see the motorcylist in time to avoid an accident.

It is difficult to see motorcyclists because:

  1. Car drivers look for other cars, not motorcyclists
  2. Motorcyclists have smaller profiles which makes them hard to see in oncoming traffic
  3. Motorcyclists change lanes frequently due to changing road conditions and traffic
  4. Motorcyclists may not wear bright clothes or use their lights to make them visible
  5. Motorcycles are concealed in blind spots and they tend to weave in traffic

Knowning why motorcycle accidents occur can help avoid them and avoid personal injuries to you or the motorcyclist.  Drivers should anticipate their movements and allow plenty of space.  Scan the road and use your mirrors and horn.  Motorcycles have the same rights as other vehicles on the road.  Motorcycle accidents occur because:

  1. Motorcycles ride alongside car lanes and can be out of view of the cars and accidents occur when car drivers change lanes
  2. When the road is wet or icy, the motorcycle’s ability to brake are impaired
  3. Drivers make left turns in front of motorcycles at intersections when the motorcycle is attempting to pass the car
  4. When the road has potholes or railroad tracks, a motorcycle will need to change lanes quickly
  5. Strong winds can push motorcycles into other lanes of traffic
  6. Large vehicles have blocked views of motorcyclists and they may appear out of nowhere

Dallas Car Accident Attorney: Dealing with Equipment Problems

October 29th, 2009

It is important to know how to react to equipment problems with driving.  Bad reactions to equipment failures can result in personal injuries and even death.

BRAKE FAILURE

If your brakes do not work and they are not anti-lock brakes, you should do the following:

  1. Downshift to low gear;
  2. Pump the brake pedal fast to build up brake fluid pressure
  3. Apply the parking brake but release it if car skids
  4. Steer and swerve into bushes or soft landing area
  5. Sound horn to warn others
  6. Turn off car when car stops

      If you car has anti-lock brakes, you should do the following:

  1. Apply firm and steady pressure to brake pedal
  2. Steer car around any obstacles
  3. Release brake pressure
  4. Drive normally but travel at lower speed once you have control of the car

 

TIRE BLOWOUT

      If you have a tire blowout, do the following:

  1. slown down gradually
  2. hold the steering wheel tightly and steer straight ahead
  3. take foot off gas but do not appl brakes
  4. slow to a stop
  5. turn on emergency flashers
  6. apply brakes when car is almost stopped

 

HEADLIGHT FAILURE

     If headlights go out at night, you should:

  1. Try the dimmer switch
  2. Try to headlight switch
  3. Put parking lights and emergency lights on or turn on signal
  4. Pull off the road ASAP and leave flashers on

 

STUCK GAS PEDAL

     If your gas pedal gets stuck when driving, do the following:

  1. Shift to neutral
  2. Apply brakes
  3. Look for way out
  4. Do not look down at gas pedal
  5. Flash lights and honk horn to alert others
  6. Drive car safely off the road
  7. Turn off ignition
  8. Try to free pedal by tapping it or placing toe under the pedal lifting

 

CAR STUCK IN MUD OR SNOW

     If your car is stuck in the mud or snow, do the following:

  1. Shift to low gear and keep front wheels straight
  2. Gently step on gas pedal
  3. Avoid spinning wheels and drive forward as possible
  4. Shift to reverse and back up as far as possible
  5. Shift to low gear again and drive forward
  6. Repeat forward-backward motion
  7. Put boards or branches under tires when car is not in motion
  8. Put chains on tires

 

OVERHEATING

     If your car is overheating do the following:

  1. Turn off the a/c and turn heater on to draw heat away from engine
  2. Shift to neutral and accelerate slightly to reduce engine load and increase air and coolant flow
  3. Do not driver if steam is coming up from under the hood
  4. Pull to side of the road, turn off engine and wait for it to cool
  5. Do not open radiator cap
  6. If battery is dead, know rules of how to jump start a battery (red clamp to positive post and black camp to negative post; do not touch cars, start car with live battery, start car with dead battery; remove cables in opposite order in which they are placed)

Dallas Car Accident Lawyer: Safe Ways to Handle Road Emergencies

October 23rd, 2009

When driving a car, you can be presented with numerous road emergencies.  Knowing how to react and handle these emergencies can avoid severe personal injuries or death.

SKIDDING ON DANGEROUS AND SLIPPERY ROADS

To avoid skidding on slippery surfaces, you should:

  1. Drive slowly and stay farther behind the car in front of you;
  2. Slow down before approaching curves and intersections;
  3. Avoid fast turns and quick stops;
  4. Pump the brakes to slow down or stop if you do not have anti-lock brakes;
  5. Shift to low gear before going down a hill;
  6. If brakes get wet, dry them by pressing gas and brake pedals at the same time;
  7. If you begin to skid, take foot off petal, do NOT brake, and turn steering wheel in direction of skid;
  8. If you lose control, try to get car off the slippery surface by entering shoulder of road, bushes, or snow bank

COLLISION TRAPS

A collision trap occurs when you cannot maintain safe and adequate space cushions around your car.  Collision traps can occur in your front, on your sides, or in your rear.   To avoid these traps, you should use your lights, your horn or increase your distance from the car in front of you by slowing down and give yourself a way to move out of the collision trap.

If you feel there is about to be a collision, do not panic and react properly to avoid personal injuries.  If you have anti-lock brakes, you will still be able to control your car.  If you do not have anti-lock brakes, pump your brakes but do not brake hard, which will lock your wheels and cause your car to skid.

HEADLIGHTS AND HORNS

Use your horn only to avoid collisions.  Try to make eye contact with other drivers.  Do not honk on slow drivers.  The driver may be ill, lost, or have car problems.  Don’t honk to show the other driver they made a mistake.  You should use your headlights when driving when it is raining, snowing, or foggy or anytime you have trouble seeing other cars.

OFF THE ROAD RECOVERY

If your car goes off the road, you need to be careful before re-entering the road.  Do not quickly re-enter the road.  You should do the following when your car goes off the road:

  1. Slow down
  2. Do not get angry and remain calm
  3. Brake gently
  4. Hold the steering tightly
  5. Position car so it is on the edge of the road
  6. Allow enough space to re-enter the road, and
  7. Accelerate to normal speed when you return to the road

UNAVOIDABLE ACCIDENTS

Sometimes you cannot avoid a Dallas car accident.   When you are about to be involved in a car accident, you should try to steer your car in the direction that cause the least amount of damage and personal injuries as possible.  Do not panic and try to maintain control over your car.   For head on auto accidents, try to move your car to the right to avoid the accident and lower your speed.  Once an accident occurs, try to move your car to safe location to prevent other accidents.

To protect yourself in rear collisions, you should: (1) apply your brakes to avoid hitting cars in front of you; (2) brace yourself between the seat back and steering wheel; (3) engage brakes to turn on brake lights; (4) press head against back of headrest; and accelerate across an intersection if it is clear.

To protect yourself in side collisions, you should: (1) keep a tight hold on the steering wheel; (2) prepare to steer quickly after impact; (3) brake quickly to avoid getting hit a second time; (4) blow your horn; and (5) change lanes to avoid accidents with more cars.

CAR PLUNGING INTO WATER

If your car plunges into water from a collision, you can escape through a window.  It will be hard to open due to the water pressure.  If the car sinks to the bottom, some air may be trapped near the roof.  Try to get into this air pocke to breathe.  You should then roll down a window or kick out the rear window.  You will have several minutes to escape.

CARBON MONOXIDE POISONING

Carbon monoxide poisoning can kill you.  It is odorless and hard to detect.  Symptoms of this poisoning include sleepiness, dizziness, and upset stomach.  If these symptoms occur, get fresh air asap.   Carbon monoxide can enter a car from holes in the exhaust system, other cars in traffic jams, and operating cars in closed garages.  To avoid carbon monoxide poisoning, do not operate a car in a closed garage, keep the a/c running in the car, inspect the exhaust system, and avoid tailgating in traffic jams.

WITNESSING CAR ACCIDENTS

If you see a car accident, do not try to be a doctor.  You should do the following:

  1. Send for help and call 911.
  2. Help injured be still, do not move them, and keep them warm.
  3. If you see bleeding, cover the wound and apply pressure.  Do not touch the blood.
  4. In the injured can walk, get them to sit down.
  5. If the injured cannot move, do not move them because movement can cause more injuries.
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