Houston Personal Injury Attorneys – Smith & Hassler

Could semi-truck speed limiters help prevent commercial truck wrecks?

Federal officials are considering requiring commercial trucks to be equipped with a device that limits how fast semi-trucks can travel in an effort to prevent speed-related truck accidents, according to a recent proposal from the Federal Motor Carrier Safety Administration (FMCSA).

“The Federal Motor Carrier Safety Administration now expects to publish its supplemental notice of proposed rulemaking (SNPRM) on a motor carrier-based speed limiter mandate in May of this year, according to an updated Significant Rulemaking Report from the Department of Transportation,” reports CCJ Digital, a commercial truck news website.

What is the proposed FMCSA speed limiter mandate?

Since 2022, the FMCSA has been considering requiring commercial trucks that weigh more than 26,001 pounds (which would include most tractor-trailers) to be equipped with a speed-limiting device called an electronic engine control unit (ECU), according to an article published by CDL Life. The new FMCSA rules governing commercial truck speed-limiting devices are slated to be published in May 2024.

The FMCSA has not said what the maximum speed limit would be, if any, for the speed-limiting devices on commercial trucks. However, in September 2023, the FMCSA published a report that listed the maximum speed limit as 68 mph. However, the FMCSA then backtracked to remove a specific speed, CCJ Digital reports.

Many commercial truck drivers strongly oppose installing speed-limiting devices on trucks. “By limiting all trucks it will not improve safety in any meaningful way. In fact, it will most likely have the opposite effect by creating long lines of trucks on the roadways with no easy way to pass,” said one truck driver, according to some of the public comments published by CDL Life.

How common are speed-related tractor-trailer wrecks?

While some commercial truck drivers oppose the FMCSA proposal to install speed limiters on commercial trucks, it’s important to understand how common high-speed accidents involving commercial trucks are across the nation and how such crashes frequently cause severe injuries and death.

According to FMCSA data, speeding is the number one cause of fatal accidents involving large commercial trucks. Specifically, roughly 7 percent of all fatal motor vehicle accidents involving large commercial trucks were due to speeding truck drivers.

Other proposed rule changes

Requiring all large commercial trucks to be equipped with speed-limiting devices isn’t the only proposed rule change being considered by the FMCSA. Other proposed changes to rules governing commercial truck drivers include:

• Requiring commercial trucks to be equipped with automatic emergency braking (AEB) systems, according to CCJ Digital.
• Revising the knowledge test for new commercial truck drivers.
• Changing the FMCSA fitness rules governing commercial truck drivers, which is known in the trucking industry as the FMCSA’s “safety fitness determination” rule, according to CCJ Digital.

Holding negligent truckers accountable

Holding negligent truckers and trucking companies accountable for their actions is essential to ensuring justice for victims of commercial truck accidents. While it may seem straightforward that the at-fault party should cover all accident-related expenses, the reality is often different.

In Texas, where the at-fault car insurance system is in place, many truck accident claims don’t unfold smoothly. Despite being entitled to compensation, injury victims frequently encounter challenges in obtaining the full extent of their rightful compensation. That’s because the stakes are often high in commercial truck accident claims and lawsuits. As such, truck drivers, trucking companies, and their insurance representatives often employ tactics aimed at minimizing or even denying compensation altogether.

At Smith & Hassler, our team of Houston truck accident lawyers understands the injustices that victims face in these situations. We firmly believe that individuals harmed in accidents caused by commercial truck drivers deserve fair and full compensation for their losses. You shouldn’t bear the financial burden of someone else’s mistakes, and we’re here to fight for your rights and pursue the compensation you deserve.

Get the Houston, TX law firm that means business. Contact us and schedule a free case evaluation with a truck accident attorney you can count on in a crisis. We have four offices conveniently located throughout Texas, including three offices in Houston. Our truck accident lawyers also work on a contingency fee basis, which means you pay no fees unless we win your case. Schedule a free case review today to learn more.

During this time of year, many people are trying to maintain their New Year’s resolutions. According to the AAA Foundation for Traffic Safety, one of the top priorities on everyone’s list should be actively contributing to preventing car accidents.

So, what’s the most effective way to enhance road safety? It begins with addressing and changing bad driving habits. AAA points out that bad habits, whether it’s texting while driving, speeding, disregarding stop signs, or neglecting to use turn signals, have become ingrained in many drivers. The challenge lies in breaking free from these habits.

To shed light on this issue, let’s explore some of the most common bad driving habits and examine whether they are a concern in Texas. Additionally, we’ll provide some valuable safe driving tips to help drivers change these habits. Our team of Houston car accident attorneys at Smith & Hassler is committed to promoting safer driving practices.

What are the most common dangerous driving habits?

The AAA Foundation for Traffic Safety recently released the “2022 Traffic Safety Culture Index.” Based on responses from 2,500 drivers in 2022, the report identifies some of the most common dangerous driving habits, including:

• Distracted driving – 15 percent of the respondents said they drove distracted within the last 30 days, including texting while driving.
• Drowsy driving – 9 percent had trouble keeping their eyes open while driving within the past month.
• Not stopping at a red light – 8 percent of drivers surveyed stated they failed to stop for a red light at least once within the past 30 days.
• Speeding – 7 percent drove 15 mph over the speed limit on an interstate or 10 mph over the speed limit in a residential area.
• Aggressive driving – 3 percent of drivers described themselves as aggressive drivers.
• Drunk driving – 3 percent admitted to driving under the influence of alcohol within the past 30 days.

How safe are drivers in Texas?

Many drivers in Texas have bad habits that often result in serious or fatal car accidents. In fact, according to accident data collected by the Texas Department of Transportation and the National Highway Traffic Safety Administration (NHTSA), 2021 was a record-setting year for three common bad driving habits.

• Driving under the influence of alcohol – 1,906 people died in drunk driving accidents that year, the highest drunk driving death toll in the state in at least a decade.
• Speeding – 1,568 deaths due to speeding, another decade-high record.
• Not wearing a seatbelt – 1,172 deaths, the highest death toll in more than a decade.

Tips to be a safer driver in 2024

The AAA Foundation for Traffic Safety and our legal team have several suggestions for drivers who want to break bad driving habits this year, including:

• Minimize distractions: Turn off your cell phone or switch it to “do not disturb” mode before you start driving. Distracted driving, especially due to texting or using a phone, significantly increases the risk of accidents.
• Obey traffic signals: Make it a habit to come to a complete stop at all red lights and stop signs. Rolling through stop signs or running red lights can lead to dangerous collisions.
• Plan ahead: If possible, leave a few minutes earlier when heading out so that you’re not in a rush to reach your destination. Rushing can lead to aggressive driving behaviors and reduced attention to road conditions.
• Never drink and drive: Always have a plan before heading out for the evening, especially if you’ll be drinking. Designate a sober driver, use rideshare services like Uber or Lyft, or rely on public transportation to get home safely.
• Take regular breaks: When driving long distances, make it a point to take breaks every two hours. This practice helps prevent fatigue and drowsy driving, reducing the risk of falling asleep at the wheel.
• Avoid eating and drinking while driving: Eating or drinking behind the wheel can divert your attention from the road. It’s safer to consume food and beverages when your vehicle is parked.
• Drive defensively: Adopt a defensive driving approach, which means being prepared for unexpected situations while driving. Always anticipate that other drivers may make mistakes, and maintain a safe following distance to give yourself time to react to sudden changes in traffic.

If you’ve been injured in an accident, tell them you mean business

Don’t let anyone push you around if you or a loved one has been injured by a negligent driver. Get a Houston car accident lawyer who means business. Get Smith & Hassler. Our dedicated legal team has the knowledge, skills, and experience you need to demand justice after your car crash.

Take command of your case right from the start. Contact us and schedule a free case evaluation with a Houston car accident attorney focused on winning your case. We have four offices conveniently located throughout Texas, including three offices in Houston. In addition, our lawyers work on a contingency fee basis. That means you only have to pay us if we secure a financial settlement or verdict for your car accident injury.

Texas considers ending right turns on red due to spike in crashes

Most states, including Texas, permit right turns at signaled intersections in the absence of oncoming traffic. However, an increase in fatal intersection accidents  – particularly in Houston – has prompted calls to restrict right turns on red lights.

Just this month, Houston has experienced several fatal accidents at intersections, including:

• A 2 a.m. crash by the intersection of Eldridge Pkwy and Clay Rd
• A fatal motorcycle accident at Homestead Rd and Mount Houston Rd
• A three-vehicle crash injured three and killed a teen at the intersection of Veterans Memorial Dr and Bammel N Houston Rd

According to a report from the Governors Highway Safety Association, this optional maneuver always posed a risk but has become more dangerous over time due to the popularity of large trucks and SUVs, which can limit a driver’s visibility. When scanning for gaps in traffic to take a right turn on red, the larger vehicles increase the potential for drivers to miss pedestrians, cyclists, and on-coming vehicles.

Determining who is at fault in a right turn on red accident is often complicated, but an experienced Houston car accident lawyer can guide injured victims successfully through the process.

Who has the right of way in a right-on-red turn?

In Texas, as in many other places, the right of way law says that drivers are allowed to make a right turn after coming to a complete stop, provided that it is safe to do so and there is no conflicting traffic. Here are the key points regarding the right of way for right turns on red lights in Texas:

• Come to a complete stop. Before making a right turn on red, the driver must come to a complete stop at the stop line or before entering the intersection.
• Check for traffic. Drivers must ensure that there is no oncoming traffic from the left and that it is safe to make the right turn. This includes checking for pedestrians and bicyclists in the crosswalk.
• Yield to pedestrians. Pedestrians have the right of way in crosswalks – even in intersections with RTOR options.
• No turn on red signs. Some intersections may have specific signs indicating that right turns on red are not allowed. In such cases, drivers must wait for a green signal.
• Traffic signal changes. If the traffic signal changes to green while a driver is waiting to make a right turn on red, they should yield to oncoming traffic and pedestrians and proceed with caution.

Who is at fault in RTOR accidents?

Fault and liability can be unclear in RTOR accidents, as well. Typically, the turning driver is at fault, but not always. There are many questions to ask and factors to consider, including:

• Did the crash involve any traffic law violations?
• Could the driver see the victim, or was their view obstructed?
• Did the driver fail to gauge the speed and distance of other vehicles?
• Was the driver impaired?
• Did they yield to pedestrians and others with the right-of-way?
• Did the driver safely execute the turn?
• Did the driver check for oncoming traffic?

An investigation by a car accident attorney with extensive experience handling claims in Texas can help injured victims find answers to these questions. They can interview witnesses and collect important documents and evidence to build a strong claim.

Compensation for intersection accident victims in Houston, TX

In Texas, victims injured in car accidents involving right turns on red lights may have options for financial compensation. When a driver’s negligence leads to such an accident, victims can seek compensation for medical bills, lost wages, and other accident-related expenses.

The experienced car accident attorneys at Smith & Hassler, Attorneys At Law, can investigate the crash, gather evidence, and negotiate aggressively with insurance companies for maximum compensation.

If you were injured in a car accident in Houston or the surrounding community, contact us for a free case evaluation. A member of our team is available 24/7 to hear from you. We can answer your questions, explain your potential legal options, and help you decide how to move forward.

The Texas Department of Transportation (TxDOT) recently approved $345 million worth of projects, including bicycle paths and pedestrian walkways, designed to make the state safer for everyone and reduce the number of bicycle and pedestrian accidents in Texas.

“This is a major investment in communities across the state that will help make it safer and easier to get around on foot or a bike,” Texas Transportation Commissioner Robert “Robie” Vaughn said in a statement recently released by TxDOT. “This optionality supports safety, active lifestyles, health and wellness, and can provide alternatives to traveling by vehicle.”

Pedestrian and bicycle projects in Houston, Texas

The $345 million will be spent on 83 projects throughout the state. According to TxDOT officials, “These projects will help improve safety for people walking, biking, or using wheelchairs, including 24 projects that will go in areas with a high pedestrian crash history.”

In the Houston area, such bicycle and pedestrian projects include:

• Construction of West Loop shared-use path and Bayou Bridge in Harris County, Texas – $18.45 million.
• Multi-modal path construction in University Asia Town area – $8.87 million.
• Construction of shared use path in The Woodlands, Texas – $7.47 million.
• Construction of Emancipation Trail shared use path in La Marque, Texas – $4.5 million.
• Bicycle lane and sidewalk construction in Angleton, Texas – $4.27 million.
• Sidewalk construction, traffic signal improvements, and other pedestrian projects in Dickinson, Texas – $2.8 million.
• Construction of sidewalks and other public safety improvements in Hitchcock, Texas – $2.45 million.
• Sidewalk improvement project in West Columbia, Texas – $2.26 million.
• Bicycle transit study in Harris County, Texas – $920,000.
• Planning study for Improving Safety and Access to White Oak Bayou – $460,000.
• Pedestrian and bicycle master plan designed to improve bicycle and pedestrian safety in Houston – $368,000.
• Transportation plan in Clute, Texas – $288,075.

Pedestrian accidents on the rise

One of the driving forces behind these projects is the dramatic increase in the number of pedestrian accidents and fatalities throughout Texas in recent years. Between 2013 and 2022, the number of pedestrian accident deaths in Texas has increased by 72.9 percent, from 480 deaths in 2013 to 830 deaths in 2022, according to accident data collected by TxDOT and the National Highway Traffic Safety Administration (NHTSA).

Bicycle accidents are also a problem

Along with pedestrian fatalities, fatal bicycle accidents have increased sharply in the past decade in Texas. Between 2013 and 2022, bicycle accident deaths have increased by a staggering 91.6 percent, from 48 deaths in 2013 to 92 bicycle fatalities in 2022, according to the NHTSA and TxDOT.

“People who walk and bike make up about 1 out of every 5 deaths on roadways here in Texas,” said Texas Transportation Commissioner Alvin New in a recent statement. “These projects will help the state move closer toward the goal of zero deaths by giving people a place to walk and bike separate from traffic.”

Contact a Houston, TX pedestrian accident attorney

An insurance claim involving a cyclist or pedestrian hit by a car might initially seem straightforward. But many times, they become complicated legal cases. That’s because the stakes can be high, and rather than paying injury victims the money they deserve, insurance companies will often do everything they can to reduce or deny injury claims.

Our Houston pedestrian accident lawyers at Smith & Hassler know how to handle insurance companies and can help you every step of the way. We know how to investigate such accidents and what evidence to look for to build a strong legal case. Many insurance companies agree to negotiate in good faith once they see we’re serious about your case. If not, we’re not afraid to file a pedestrian accident lawsuit on your behalf, seeking the compensation you deserve.

Get the law firm that gets results for injured Texans, and schedule a free case evaluation with a Houston pedestrian accident attorney who puts your best interests first. We have four offices conveniently located throughout Texas, including three offices in Houston. We also offer legal representation on a contingency fee basis. That means you pay no fees unless we win your case. Contact us today to learn more about your potential legal options.

AAA Texas and the Insurance Council of Texas are launching a campaign called Survive the Drive to combat a troubling trend on Texas roads that has emerged since the COVID-19 pandemic. Before 2020, Texas drivers were heeding warnings about the dangers of reckless driving. However, when the pandemic began, risky driving behaviors such as speeding, impaired driving, distracted driving, and aggression became more prevalent. As a result, Texas experienced a surge in roadway deaths and serious car accidents.

Roadway deaths spike in Texas

From 2019 to 2022, deaths due to impaired driving increased by over 22%. The Insurance Council of Texas also reported a rise in claims from serious car accidents.

According to the Texas Department of Transportation, Texas saw a concerning rise in the fatality rate on its roadways in 2021 alone. That year, the state had 1.58 roadway deaths per hundred million vehicle miles traveled. This marked a 5.45% increase compared to 2020.

The total number of motor vehicle traffic fatalities also increased, with 4,497 recorded in 2021, signifying a significant 15.43% uptick from the 3,896 deaths reported the previous year. Furthermore, 2021 saw 15,769 serious injury crashes in Texas, involving 19,456 individuals who sustained severe injuries.

Contributing factors

According to Rich Johnson, Director of Communications for the Insurance Council of Texas, the increase in population is one contributing factor to the surge in traffic accidents. “We’re getting bigger. We have more people on the roads,” he said in a statement.

Other common factors include:

• Distracted driving: In 2021, there were 3,522 roadway deaths caused by distracted driving in the United States.
• Speeding: In 2021, speeding contributed to 12,330 traffic fatalities.
• Drunk driving: Alcohol-impaired driving fatalities resulted in 13,384 traffic fatalities in 2021.
• Drowsy driving: Drowsy driving caused 684 traffic deaths in 2021.

Safety advocates respond

As a response, Survive the Drive aims to educate Texans about safe driving habits on the road. One important tip is to use rideshares or other transportation alternatives instead of driving impaired. They also advise drivers to put away their phones while driving to minimize texting and other distractions. That can be either in the glovebox, with a passenger, or in the trunk.

The message becomes particularly vital as the days grow shorter during the fall season. Survive the Drive encourages a return to safer, more responsible driving habits to help reverse the trend of increased Texas crashes and fatalities.

Protect your rights if you were injured in a crash

While safety advocates are doing their part to address the growing number of Texas roadway deaths, the problem could persist for years. That’s why it’s important to understand your rights if you or a loved one was hurt in a crash on Texas roads.

The Houston car accident attorneys at Smith & Hassler can be your ally in the pursuit of justice. Our legal team understands the physical, emotional, and financial devastation that you may be going through. We’re committed to holding negligent drivers accountable and fighting to maximize compensation for injured motorists and their families.

To find out how we can help you, contact us online. We would be glad to answer any questions and help you explore your potential legal options during a free consultation.

Houston’s Vision Zero report for 2022 indicates a slight decrease in traffic fatalities compared to the previous year, but the reduction is modest, and more work still needs to be done. Despite this decrease, over 320 individuals died on Houston’s roadways in 2022, and nearly 1,600 others suffered severe injuries in traffic-related incidents.

In concrete terms, the report reveals that eight fewer car accident fatalities were recorded in 2022 compared to the previous year, alongside 28 fewer injuries. While these improvements are encouraging, they are a reminder that Houston is still far from achieving the ultimate vision of zero lives lost due to traffic accidents.

Houston’s 2022 Vision Zero report

In 2022, Houston witnessed 323 fatalities due to traffic-related incidents, marking a 2.4% decrease compared to the previous year’s statistics. The death toll includes motorists, passengers, pedestrians, and cyclists. The report also revealed that 1,592 people sustained severe injuries while navigating Houston’s roadways throughout the year.

Here are other key takeaways from Houston’s Vision Zero report:

• There were 115 pedestrian fatalities in 2022, an 8.5% increase compared to 2021
• 245 pedestrians suffered serious injuries, up 11% from 2021.
• 37 people died in motorcycle accidents, a 9% increase over 2021.
• 165 motorcyclists sustained severe injuries, marking an 11% increase.

However, there were positive developments as well, as drivers and passengers witnessed a decline in traffic fatalities and serious injuries last year. These findings are notable, especially considering the 20% increase in traffic fatalities from 2020 to 2021. Encouragingly, the number of people who suffered serious injuries decreased from 1,624 in 2021 to 1,592 in 2022, marking a 1.7% decrease.

‘No loss of life is acceptable’

In response to the Vision Zero report, Houston Mayor Sylvester Turner emphasized that “no loss of life is acceptable.” He highlighted concerns regarding the increasing number of cyclist fatalities in 2023, with 12 bicyclists tragically losing their lives.

However, Turner also noted the positive aspect of the overall reduction in fatalities and serious injuries in 2022. During his eight-year tenure as mayor, the city has implemented significant safety measures, including comprehensive street overhauls and the expansion of multimodal transportation options. These efforts take into consideration the needs of pedestrians, cyclists, public transportation users and other alternatives to personal vehicles.

Street safety projects in Houston

The report highlighted the effectiveness of these safety initiatives by spotlighting five specific street safety projects completed since 2019. These projects involved reducing vehicle lanes, expanding sidewalks, and introducing protected bicycle lanes.

The areas that underwent these transformations include:

• Austin Street between Holman and Commerce streets
• Bagby Street from Clay to Franklin streets
• Gray Street between Bagby and Hamilton streets
• Hillcroft Avenue from High Star to Westward streets
• McKinney Street between Main and La Branch streets

According to a report by Houston Public Media, all these areas experienced a reduction in crashes, fatalities, and injuries resulting from crashes. Notably, no fatalities were reported among those using protected bike lanes.

More safety enhancements scheduled for Houston

The city’s commitment to enhancing safety and accessibility includes the construction of 6 miles of sidewalks and 20 miles of bikeways in 2022. The city has ambitious plans to add an additional 155 miles of bike lanes in 2023, according to the recent Vision Zero report.

“Houston is committed to Vision Zero and making the city more accessible for people of all modes,” Turner said. “The results speak for themselves – our comprehensive approach of safety and multimodal planning is making Houston a safer city.”

Holding negligent drivers accountable in Houston

For safer roadways in Houston, it’s essential not only to focus on preventive measures but also on accountability. When car accidents occur due to negligent drivers, it’s important for crash victims to seek justice and accountability through the justice system.

If you or a loved one has been injured in a Houston car accident involving negligence, Smith & Hassler is here to help. Our Houston car accident lawyers understand the physical, emotional, and financial toll a serious accident can have on crash victims and their loved ones. That’s why our dedicated legal team is committed to protecting your rights and fighting for the compensation you deserve.

To learn more about how we can help with your potential legal case, contact us today for a free case evaluation.

Every year, countless lives are affected by people who make the reckless decision to drive while under the influence of alcohol. It’s a particularly severe issue in the Houston area. With a staggering number of drunk driving-related car crashes, Harris County has earned a sobering distinction in Texas.

According to a recent report by the Courier of Montgomery County, new data from the Texas Department of Transportation (TxDOT) says Harris County has earned the unfortunate title of having the highest number of drunk driving-related car crashes in the state. In 2022 alone, Harris County recorded over 3,500 crashes involving impaired driving.

Drunk driving in Harris County, TX

The crash statistics are nothing short of sobering: over 115,000 reported car accidents within Harris County in a single year. What’s even more concerning is that out of these incidents, 3,553 crashes were directly attributed to drivers under the influence of alcohol.

One key element in this equation is the county’s remarkable growth and diversity. With a population that surpasses 4.7 million, Harris County is the largest county in Texas and the third-largest in the entire nation. This sheer number of residents introduces a dynamic set of challenges that can influence statistics, including those pertaining to drunk driving crashes.

The interplay between Harris County’s population influx and its drinking culture is a complex one. As people from all walks of life converge on this vibrant county, a diverse range of behaviors, habits, and attitudes towards alcohol come together. This diversity, while contributing to the richness of the community, also means that there is a broad spectrum of attitudes toward responsible alcohol consumption. Unfortunately, a surge in intoxication-related fatalities has been a consequence of this particular social landscape.

Lynn Nguyen, the section chief of the vehicular crimes division at the Harris County District Attorney’s Office, told the Courier of Montgomery County: “We’re obviously a huge county. I think that’s what drives the numbers every year. And we’re kind of one of those growing counties, where people are coming from all over to live here…and so with the influx of people and the drinking culture that we do have here, that unfortunately means there’s going to be an increase in intoxication-related fatalities.”

Understanding the dangers

Drunk drivers are at risk of causing serious and fatal car accidents because their impaired state hampers their ability to operate a vehicle safely and respond effectively to the dynamic challenges of the road. As a result, not only are drunk drivers themselves in danger, but so are passengers, pedestrians, bicyclists, and fellow motorists who share the road.

Driving under the influence of alcohol is dangerous because it results in:

• Impaired cognitive function: Alcohol impairs cognitive functions, including attention, judgment, and reaction time. This compromised mental state significantly increases the likelihood of accidents.
• Reduced motor skills: Alcohol affects motor skills and coordination, making it difficult for drivers to maintain control over their vehicles and respond appropriately to unexpected situations.
• Decreased inhibition: Intoxication can lead to reckless behavior and a decreased sense of caution, resulting in drivers taking unnecessary risks on the road.
• Slower reaction times: Impaired drivers have slower reaction times, which can prevent them from effectively avoiding collisions or stopping in time to avoid a collision.
• Increased likelihood of high-speed collisions: Drunk driving accidents often occur at higher speeds due to impaired judgment, resulting in more forceful collisions and greater damage.
• Higher severity of injuries: The combination of high speeds and impaired judgment leads to more severe injuries in accidents involving drunk drivers, especially when they drive on the wrong side of the road and crash into other vehicles head-on.

Drunk driving is dangerous and can lead to legal consequences, including fines, license suspension, and jail time. The tragic truth is that these accidents are preventable, underscoring the critical need for responsible choices, increased awareness, and accountability to curb the devastating impact of drunk driving on our roads.

Holding drunk drivers accountable

At Smith & Hassler, our car accident attorneys recognize the seriousness of crashes caused by drunk drivers and the profound impact they can have on victims’ lives. With a deep understanding of the nuances of Texas law and extensive experience in complex cases, we are ready to help you fight for the justice and financial compensation you deserve.

If you were hit by a drunk driver or your loved one died in a crash involving a driver under the influence of alcohol, your path forward starts with us. Contact us today for a free and confidential case evaluation. We’re located in Houston, TX, and we look forward to speaking with you about your potential legal case.

A sobering look at a troubling trend

The U.S. has witnessed an alarming increase in pedestrian fatalities in recent years. And according to a new report by the Governors Highway Safety Association (GHSA), the number of pedestrian deaths has now soared to levels unseen in the past 41 years.

In 2022 alone, at least 7,508 pedestrians died, marking the highest death toll in four decades. And since 2010, pedestrian fatalities have increased by 77%, well ahead of the 25% increase in other traffic-related deaths.

“Every day, 20 people go for a walk and do not return home,” Jonathan Adkins, chief executive officer of the safety group, said in a statement published by Forbes. “These are people living their daily lives – commuting to and from school and work, picking up groceries, walking the dog, getting some exercise – who died suddenly and violently.”

This rise in serious and fatal pedestrian accidents is primarily attributed to dangerous driving habits, insufficient infrastructure, and the popularity of larger, heavier vehicles like SUVs. The report underscores the urgent need to address the ongoing crisis of pedestrian safety on our roads and highlights the need for injured pedestrians to hold negligent drivers accountable.

Pedestrian accident statistics

The GHSA report, titled “Pedestrian Traffic Fatalities by State,” presents preliminary data from 2022 and highlights the ongoing increase in pedestrian deaths over the past decade.

It also emphasizes that dangerous driving behaviors that emerged during the pandemic in 2020 have not subsided.

The report provides several insights into pedestrian safety trends from 2010 to 2021, including:

• Most pedestrian fatalities occur at night, and nighttime deaths have increased in recent years.
• Due to their taller profile and bigger blind spots, SUVs and light trucks pose a greater risk to pedestrians on a per-vehicle basis. While fatal pedestrian crashes involving passenger cars remain the highest in number due to the sheer quantity of cars, deaths involving SUVs have increased at a much faster rate (120% compared to 26% for passenger cars) in the past decade.
• The absence of sidewalks continues to be a significant factor in pedestrian fatalities, with 69% of deaths occurring in areas without sidewalks in 2021, showing a steady increase from 59% in 2017.
• The risk of pedestrian death exponentially increases with higher vehicle speeds, ranging from 10% at 23 mph to 90% at 58 mph. In 2021, 8.1% of pedestrian fatalities involved speeding drivers, slightly lower than the previous year but higher than pre-pandemic levels.
• Drunk driving is the main contributing factor in 19 percent of pedestrian accident deaths.
• Non-freeway arterial roads pose the highest risk to pedestrians, accounting for 60% of all fatalities. These roads typically have high traffic volumes, high speeds, and eventually connect to freeways. About 18% of pedestrian deaths occur on freeways, often involving stranded motorists, first responders, and tow truck drivers. The report recommends strengthening and promoting Move Over laws that require drivers to slow down and change lanes when approaching stopped vehicles.

The GHSA report also listed the number of pedestrian fatalities by state from 2019 to 2022. In 2019, there were 661 pedestrian deaths in Texas, which increased to 714 in 2020. In 2021, the number rose further to 826 fatalities. In the most recent data available, the preliminary figures for 2022 show a slight increase to 834 deaths.

Addressing the problem

The report emphasized the importance of addressing dangerous driving behaviors such as speeding, impaired driving, and distracted driving through targeted traffic enforcement.

It also highlighted the need to educate new drivers about their responsibility to be aware of and yield to pedestrians and other road users.

Additionally, the GHSA advocated for adopting the Safe System approach to road safety, which originated in Sweden in the 1990s. This approach aims to eliminate all road deaths and serious injuries by implementing various layers of protection, including safer road design, safer vehicles, safer speeds, and improved post-crash care.

Claims involving pedestrian accidents can be complicated

Insurance companies often employ various tactics to downplay or deny pedestrian accident claims to minimize their financial liability. Common strategies include:

• Challenging fault: The insurance company for the at-fault driver may try to shift blame onto the pedestrian by arguing that the pedestrian was distracted, jaywalking, or acting negligently at the time of the accident, thereby reducing or eliminating the insurance company’s responsibility to provide compensation for the victim’s losses.
• Disputing injury severity: Insurers may claim that the pedestrian’s injuries are less severe than stated or attribute damages to pre-existing conditions.
• Questioning medical treatment: Insurance companies may raise doubts about the necessity or extent of medical treatments, aiming to reduce the claim amount.
• Delay tactics: Prolonged investigations and excessive documentation requests can be used to frustrate a claimant and discourage them to the point of accepting a lowball settlement offer or giving up on the claim altogether.

To navigate these complexities and ensure their rights are protected, it is crucial for victims to seek the guidance and representation of a lawyer experienced in pedestrian accident claims. An attorney can help gather evidence, negotiate with the insurance company, advocate for the pedestrian’s best interests, and pursue the maximum compensation they are entitled to under the law.

Contact Smith & Hassler for a free case evaluation

Our Houston-based law firm is committed to fighting for the compensation injured pedestrians deserve. With decades of experience, we understand what it takes to get meaningful results for accident victims and their families.

If you were hit by a car or a loved one died in a pedestrian accident, we can guide you through the legal process and help you hold the at-fault driver accountable for your losses.

To learn more about how we can help with your potential legal case, contact us today for a free case evaluation.

Prioritizing safety is crucial for young motorists.

As we approach the summer season and the subsequent surge of young drivers on the road, it’s crucial to address an alarming issue — the high rate of teen driver fatalities in Texas. In a recent ranking by Bumper.com, Texas emerged as one of the top 10 states in the U.S. with the highest teen driver fatality rates.

Particularly concerning is the period between Memorial Day and Labor Day, a timeframe safety advocates call the “100 Deadliest Days.” In these summer months, when schools are out and teens are behind the wheel more frequently, the risk of serious and fatal car accidents escalates. However, there are other factors driving this deadly surge in teen fatalities.

Teen car accidents in Texas

According to the Bumper.com study, Texas has a rate of 6.17 fatal accidents per 10,000 licensed teen drivers, the 10th most in the nation (New Mexico has the highest teen driver fatality rate at 9.66 while Rhode Island has the lowest at 1.58). The summer months further exacerbate this issue, as 35.2% of the fatalities involving teen drivers in the Lone Star State occur during this period (June to September).

While it’s natural to attribute the rise in teenage accidents to increased summer driving due to school breaks and more leisure time, the true catalyst lies in their driving behavior. Diana Gugliotta, Senior Manager of Public Affairs for AAA Northeast, emphasizes the heightened danger when teens engage in aimless joyriding rather than driving with a specific destination and timeframe in mind.

Another critical risk factor is the number and ages of passengers accompanying the teenage driver. Gugliotta cites research from the AAA Foundation for Traffic Safety, revealing a staggering 51% increase in the fatality rate for all individuals when a teen driver has exclusively teen passengers in the vehicle. Conversely, when passengers aged 35 or above ride with a teenage driver, the overall fatality rates in crashes decrease by 8%.

Factors contributing to teen driver fatalities

Speed emerges is the most crucial factor behind fatal car accidents involving teenage drivers. According to the Bumper.com study, speed contributes to 39.3% of fatal accidents involving teen drivers, surpassing the rate of 28.7% for other age groups. Speeding is dangerous for a driver of any age, but when you combine a teen driver’s lack of experience with a smaller margin for error, it can be a recipe for disaster.

The second leading cause is driving under the influence of alcohol, accounting for 31.8% of teen driver fatalities. While this rate is comparatively lower than that of other age groups, it aligns with the limited accessibility to alcohol for drivers under 21. Nevertheless, when teenagers do choose to drive while impaired, they pose a significant danger to themselves and others on the road.

Distracted driving, which includes texting and cell phone use, stands as a distant third, contributing to 9.2% of fatal accidents involving teenage drivers. The desire to stay connected and the temptation to quickly respond to messages or notifications can be incredibly enticing for young drivers. For inexperienced teen drivers who are still developing their skills and judgment on the road, the consequences of distracted driving can be especially severe.

Safe driving tips for teens

To mitigate the risk of fatal accidents involving young drivers, teens should:

• Obey the speed limit: Speeding remains the leading cause of teen driving fatalities, making it crucial to respect and obey speed limits.
• Minimize distractions and put the phone away: Teen drivers should avoid distractions such as using cell phones or engaging in conversations that divert their attention from the road.
• Never drive under the influence: Parents can play a crucial role by offering to drive their teens home at any time if they are intoxicated or otherwise impaired.

Car accident lawyers serving Houston, TX

With summer nearly here, prioritizing accident prevention becomes crucial for both young drivers and motorists of all ages. Equally important is ensuring that drivers and passengers injured in car accidents know their legal rights. If you were injured or a loved one died due to a car accident caused by a young driver — or if you’re the parent of a teen driver injured in an accident that wasn’t their fault — seeking assistance from an experienced car accident attorney can make a meaningful difference in the outcome of your case. To see how our law firm can help you, contact us today for a free consultation.

Safety campaign aims to reduce Texas motorcycle accidents

Motorcyclists are a common sight on Texas roads, but riding a motorcycle can be dangerous, with riders exposed to a greater risk of injury or death than those traveling in enclosed vehicles. This is one reason the Texas Department of Transportation (TxDOT) has launched a statewide motorcycle safety campaign called “Share the Road: Look Twice for Motorcycles.”

The campaign aims to raise public awareness about the dangers faced by motorcycle riders and to encourage drivers to be more cautious and attentive when sharing the road with them. With an average of one rider dying in a motorcycle accident on Texas roads every day, the importance of this campaign cannot be overstated.

Motorcycle accidents in Texas

With a high number of motorcycle collisions resulting in fatalities and serious injuries every year, Texas remains a dangerous place for motorcyclists. TxDOT statistics reveal that in 2021, 519 motorcycle riders lost their lives on Texas roads, with another 2,318 suffering severe injuries.

One of the most common causes of motorcycle accidents is drivers failing to see the motorcycle or misjudging its distance and speed. This is particularly likely to happen at intersections, which are a hotspot for motorcycle collisions.

Distracted driving is another major contributing factor to motorcycle accidents in Texas. Drivers who are texting, talking on the phone, or simply not paying attention to the road are more likely to miss a motorcycle rider sharing the road with them. When they do see the rider, they may not give them enough space or time to maneuver out of danger.

A motorcycle’s small size also means it’s easier for a biker to end up in a driver’s blind spot or be overlooked when a motorist makes a turn or changes lanes. Too many motorists don’t check twice for motorcycles, and the consequences can be deadly. The combination of these factors has made motorcycle safety an ongoing concern for safety advocates in Texas.

TxDOT’s awareness campaign

TxDOT’s “Share the Road: Look Twice for Motorcycles” campaign has been running across the state for several years. At its core, the campaign seeks to reduce the number of motorcycle crashes and fatalities on Texas roads. Efforts to achieve this include social media campaigns, public service announcements, and educational materials distributed through TxDOT’s website and at local events.

One of the most visible aspects of the campaign is its “Look Twice for Motorcycles” messaging. This slogan is designed to encourage drivers to take an extra moment to check for motorcycles before turning or changing lanes. The campaign also encourages drivers to give motorcycles plenty of room on the road and to avoid distractions that could interfere with their ability to drive safely.

Tips for drivers to share the road with motorcycles

When it comes to sharing the road with motorcyclists, drivers must exercise caution and attentiveness at all times. Intersections, as mentioned above, are a hotbed of activity for motorcycle collisions, with nearly one in three motorcycle fatalities occurring at these locations. To help reduce the risk of a collision, safety experts recommend taking extra care when turning left and allowing motorcycles to pass through the intersection before proceeding.

Other tips for safely sharing the road with motorcycles include:

• Looking twice when changing lanes
• Giving motorcyclists plenty of room when passing
• Maintaining a safe following distance
• Being aware of the motorcycle’s size and taking care to avoid crowding them, as they are entitled to the full width of their lane

At times, motorcyclists may downshift instead of using their brakes to slow down. A bike also has a much shorter stopping distance than a car. That’s why it’s crucial for drivers to maintain a safe following distance, giving themselves ample time to react and prevent a crash.

Drivers need to avoid distractions, keep their full attention on the road, and always signal their intentions when changing lanes or merging with traffic. Moreover, they need to yield the right of way to motorcycles just as they would to any other vehicle and recognize that bikers have just as much right to use the road as any other operator.

Motorcycle accident lawyers serving Houston, TX

If you or a loved one was injured in a motorcycle accident due to another driver’s negligence, it’s important to protect your rights. Don’t let the insurance company or other parties push you around and deny you the justice and financial compensation you deserve.

At Smith & Hassler, our Houston, TX motorcycle accident attorneys understand the unique challenges injured motorcycle riders face and can aggressively advocate for your best interests. With decades of experience representing clients in motorcycle accident cases, we have the knowledge and experience to help you navigate the legal system and recover the compensation you’re entitled to under Texas law.

To learn more about how we can help you, contact us today for a free consultation.