A tragic accident occurred in southeast Dallas on New Year’s Eve. A minivan was waiting to make a turn when a sedan slammed into the right side of the van. An eight year old boy and his seven year old brother were sitting in the cargo area of the van when the accident occurred. When the sedan slammed into the van, it knocked a jack into the head of the eight year old, killing him.

This horrible tragedy illustrates how vitally important it is to use child safety seats. It’s estimated that between 1975 and 2008, almost 9,000 lives were saved by child restraints. Unfortunately, crashes are still the leading cause of death for children between the ages of 3 and 14.

 Under Texas law, anyone under the age of eight must be secured in a safety seat. In addition, the National Highway Traffic Safety Administration recommends keeping children in a car seat for as long as possible, as long as they fit the seat’s height and weight requirements. Children under 13 should always ride in the back seat.

 When you are selecting a car seat for your child, choose it based on your child’s age and size, and choose one that fits well in your vehicle. Read your vehicle’s owner’s manual on how to install the car seat using the seat belt or LATCH system, and also consult the car seat’s instruction book. If you are uncertain whether it’s installed correctly, locate a child car seat inspection station. 

 Have you or your child been injured in an automobile accident in the Dallas area? If so, contact the Barber Law Firm at 972-231-5800. Our attorneys will help you pursue your legal options.

On April 6, the Texas House approved a bill that would allow the speed limit on some Texas highways to be 85 miles per hour. The Senate is also considering a similar bill.

The new speed limit of 85 would be the highest in the nation. The vote was passed as part of a large transportation bill. The bill authorized the Texas Department of Transportation to raise the speed limit on certain lanes or entire roads after traffic studies and engineering studies were performed.

There are currently over 520 miles of interstate highways in Texas with a speed limit of 80. Automobile insurers are against the measure for safety reasons. Insurance officials claim that increasing the speed limit to 85 will have a big impact on the death and injury rate on highways where the speed limit is raised. They claim that even if the speed limit was increased only on low traffic, flat roads, 85 is simply too fast a speed at which to travel safely. According to the Transportation Department, they haven’t studied the safety data or the speed data the legislation requires in order to raise the speed limit.

Although it is tempting to drive on Texas highways at high rates of speed, especially on those highways with little traffic, increased speeds are dangerous. Accidents are more likely to occur when drivers are speeding.  Accidents that occur at high rates of speed are also more likely to cause serious injuries or deaths than those that occur at lower speeds.

Have you been injured in a Texas automobile accident because another driver was speeding? If so, you may have a cause of action against that driver for your property damage, medical expenses, lost wages, and more. Contact Dallas automobile accident attorney Kris Barber today at 972-231-5800 to learn more.

DALLAS, TX –On the heels of an announcement last week that Toyota would recall approximately 2.3 million vehicles to correct sticking accelerator pedals on specific models, Toyota announced today that it has instructed dealers to temporarily suspend sales of eight models involved in the recall, including the following:

• Avalon (2005-2010)
• Camry (certain 2007-2010 models)
• Corolla (2009-2010)
• Highlander (2010)
• Matrix (2009-2010)
• RAV4 (2009-2010)
• Sequoia (2008–2010)
• Tundra (2007-2010)

Spurring the recall and subsequent halting of sales is the possibility that certain accelerator pedal mechanisms may mechanically stick in a partially depressed position or return slowly to the idle position.

Though the car maker reports that this product defect is quite rare, a local tragic accident proves that ‘rare’ does not mean ‘never.’  In fact, a sticking accelerator is being investigated as one possible cause of the December 26, 2009, crash in Southlake last month that killed four people driving in a 2008 Toyota Avalon. Investigators say that the Toyota Avalon was going 40 mph when it sped through an intersection, smashed into a metal fence, hit a tree and landed in a pond, upside down.  Witnesses reported that the vehicle never slowed down. This is consistent with the fact that there were no signs of braking.

Our Dallas accident law firm offers free initial legal consultations on defective products and personal injury cases. If you have been injured, you should contact a Dallas injury attorney immediately to help you determine what insurance coverage may be in place to cover your medical expenses and lost wages, and so that you can take steps to protect your legal rights. Call our Texas Personal Injury Lawyers at (972) 231-5800 or click here to contact us by email.

According to a study published in the Journal of American College of Surgeons, the use of airbags combined with seatbelts considerably reduces injuries to the brain, face, spine and chest during motor vehicle collisions.  As reported by the Washington Post, the study also shows that simultaneous airbag and seatbelt use leads to lower in-hospital death rates and injury severity.

Injury is the leading cause of death among persons age 45 and younger, and motor vehicle collisions are the most frequent cause of injury.  The original airbag, which became widely available in the 1980s, was associated with injury and death, particularly in young children and smaller drivers.  In response to evidence showing that the original airbags increased the risk of injury due to deployment at a high velocity, depowered, or second-generation airbags were mandated in all U.S. automobiles in 1998.  This groundbreaking study is the first to evaluate the potential impact of the use of airbags on a Level 1 trauma center.

The most important statistic reflected in the study was that the in-hospital death rate was considerably higher for unrestrained patients (6.8 percent), compared with 4.6 percent among airbag-only patients, 3.4 percent in the seatbelt-only category, and 3.8 percent in the airbag and seatbelt population.  Researchers indicated that airbags were also associated with fewer days in the intensive care unit (2.8 days compared with 3.7 days for unrestrained patients) and fewer total hospital days (7.1 days compared with 8.6 days for unrestrained patients).  Predictably, the largest reduction in hospital days was seen in patients using both airbags and seatbelts (2.0 days in the intensive care unit and 6.4 total hospital days).

For more about the proper use of airbags and seatbelts, see The National Highway Traffic Safety Administration. 

The U.S. Department of Transportation announced this year that it will undertake the first major update to its vehicle safety ratings in seven years. The new program will continue to assess passenger cars, pickup trucks, sport utility vehicles, and vans on the five star scale, but will add an overall safety rating that combines the scores of several crash tests.

The new regulations, to be administered by the National Highway Traffic Safety Administration (NHTSA), will take effect for the 2010 model year and will also include new front-end tests and a test in which a vehicle strikes a pole sideways to simulate the wrapping of a vehicle around a tree. Female crash test dummies will also make their debut in the safety-testing program and will be used to represent both women and small children. Additional measures will also include testing for leg injuries and reporting whether vehicles have safety technology.

The new criteria should make it more difficult for vehicles to attain the maximum five star rating. Under the current system, nearly 90 percent of vehicles score the maximum five stars, and many automakers feature that safety rating in their advertising.

For more on the new improvements to the crash test program, see here.