Texas Texting Ban May Help Victims, But Not the Way You Think It Will
In September 2017, the Lone Star State implemented a new law that bans texting while driving. The number of people I've seen glancing down at their laps on the tollway suggests these new rules haven't soaked in just yet. Even if the fines don't persuade drivers to put down their phones, though, our lawyers argue...
FMCSA Rule Suspension Doesn’t Mean that Hours of Service Rules Are Pointless
A couple of years ago, attorney Michael Grossman wrote about the electronic logging device (ELD) mandate implementation. As you can imagine, there were heated comments from a diverse group of truck drivers, with a range of opinions about the ELD mandate, and ELDs in general. Michael appreciates that people still take the time to respond...
It’s 2020: Why Doesn’t Texas Require Bars to Carry Liquor Liability Insurance?
Texas lawmakers and the public have to make a choice. Drunk driving accidents not only kill and maim, but they leave tremendous financial devastation in their wake. As a community, we must decide who bears that cost. Should drunk drivers and lawbreaking bars pay or victims and the general public? The answer seems obvious to me.
What Is Missing from the Discussion of Deadly West Texas Oil-Field Truck Crashes?
Out of the half-dozen outlets that filed reports on this incident, not a single one mentions that the pick-up that likely caused the crash is owned by an oil services company. While authorities are aware that Imperative Chemical Partners Inc. owns and operates the offending pick-up, and will likely classify this crash as an oil-field truck accident, it's certainly concerning that skilled reporters missed this crucial detail.
Positive Train Control: What Use is an Inactive or Absent Safety Feature?
The past few months have certainly not been good for trains. Multiple high-profile wrecks--three in as many months--have brought the public's gimlet eye down upon Amtrak, one of the most recognizable names in train transportation. For those who don't follow the news (who could blame you these days?), here's a quick summary of the most...
Who’s Going to Investigate A Semi Truck Crash? Maybe Not Who You Think.
When an accident happens, who's the proper authority to investigate? Check the comments sections of news articles about the wreck and you'll find no shortage of armchair authorities who think they know exactly "who you gonna call." Their ideas on that are often wrong, but they'll treat them as the gospel truth when discussing the...
Astronaut Mark Kelly Doesn’t Seem to Understand How The Law Works
In a recent interview, astronaut turned political activist Mark Kelly sat down with a reporter from Politico to talk about gun regulations. Specifically, Mr. Kelly spoke of the need for tighter restrictions on guns in order to prevent gun violence. When the conversation eventually arrived at the topic of those pesky Republicans in Congress, who...
Is Providing an Interpreter for the Deaf-Blind at a Movie Theater Required by the ADA?
I didn't think I'd write even a single piece about movie theaters during my tenure here, and yet I'm about to do so for the third time. The offenses involved in the other two--a bad date and a questionable screening practice--were pretty innocuous but still worth a closer look. Today's issue involves something more serious,...
Mike’s Law: Does the End Justify the Means?
Like most people, I cringe when attorneys evoke a phony "voice of the people" mentality or preach about their practice as if they're the saving grace to humanity. I can't stand when attorneys preach down upon the people their magical wisdom of ethical truths. That said, I quite seriously believe that the service that my...
Fellowship of the Drink: The Expensive Travels of the TABC
Recent audits of the Texas Alcoholic Beverage Commission (TABC), the state regulatory agency that monitors the distribution and service of alcohol in the Lone Star State, have shown that some of the agency's top brass have been boozing and schmoozing with the liquor industry, paid for by the very industry they are meant to oversee...
A Look at Commercial Truck Emergency Signal Regulations
Just before sunrise, January 9, 2017, Alex A. Ortega was killed in a collision with an 18-wheeler, which was reportedly blocking the intersection of County Road 1160 and Business 20 near Midland, Texas. According to news accounts, the truck stalled while crossing through the intersection before being struck by Mr. Ortega's vehicle. Without knowing more...
Should Semi-Truck U-Turns Be Illegal?
It's difficult for a truck accident law firm to ask questions about commercial truck safety without those who drive trucks for a living taking offense and thinking we're "anti-trucker." I'd like to dispense that notion right off the bat. We have the utmost respect for 99% of professional truck drivers who drive their whole careers...
Hello, Operator? FDA Probe Reveals Unreported Medical Device Injuries
The ancient Greek physician Hippocrates is often called "The Father of Western Medicine." Among his contributions to the medical world are several of its terms and information about how to diagnosed several pulmonary disorders. He is credited as the inspiration for the Hippocratic Corpus (hence its name), which is a series of over sixty lectures,...
U.S. Safety Agencies Commit to Eliminating Traffic Fatalities in Next 30 Years…But How?
As I recently learned, several regulatory agencies and private safety firms have pledged to try and eliminate traffic fatalities within the next 30 years. The details of the conference and the proposed initiatives haven't been made public yet, but it is likely that they will borrow heavily from similar projects taking place across Europe, particularly...
Eckert v City of Deming et al: A Study in the Violation of Civil Liberties
It's sometimes easy to take for granted the freedoms we have as American citizens. I'm not necessarily talking fireworks-and-bald-eagles-grade freedoms, but the more subtle permissions and entitlements we enjoy. Our right to speak our minds is federally protected, as is our right to arm ourselves. Thanks to the Bill of Rights' guarantees of certain civil...
What are the Limits of a Court’s Sanction Power? Musnuff v. Haeger
In that article, I mentioned larger issues and more technical legal matters that dealt with the powers of the court. Rather than muddying up the waters and trying to take on both subjects at the same time, it seemed prudent to re-visit these issues in their own article. Musnuff v. Haeger, which will be heard...
Dallas County Bus Driver Scandal and Bus Accident Law
NBC 5, in some great reporting, recently broke a story about Dallas County school bus drivers and the ridiculous number of traffic citations they've received since the beginning of 2014. As a result, Dallas County Schools terminated 13 drivers and suspended an additional 229 drivers who cumulatively received 480 traffic tickets since January 1, 2014....
Lawyers Selling 4th Amendment Rights For $40? Game On.
You're breathing while you read this, right? Of course you are. Just the slow, unthinking respiration we do when at rest. No big deal. It's a natural function, and it happens whether you think about it or not. But how do you remember to breathe if no one reminds you to? Maybe it's asking a...
Despite Court Case: Electronic Truck Logs Very Likely
Earlier this week we chronicled the potential Federal Motor Carrier Safety Administration (FMCSA) electronically-enforced national truck speed limit, which pitted the American Trucking Associations (ATA) and the FMCSA against the Owner-Operator Independent Drivers Association (OOIDA). That doesn't appear to be the only controversy where the ATA and OOIDA find each other on opposite sides of...
Exposed Bridge Supports Are Killing Texas Motorists
The next time you're driving in your car, take a moment to glance at and bridge or overpass support pillars you come across. If you are driving on a safely-built road, there should be a guardrail or concrete barrier between the roadway and the pillars. Obviously that's not the type of scenery that most motorists...
