Distracted Driving

Texting while driving is distracted driving. In an article entitled “Police Losing Battle to Get Drivers to Put Down Their Phones” the New York Times published that according to the National Highway Traffic Safety Administration, almost 3,500 people died in crashes involving distracted drivers in the United States and Puerto Rico in 2015. The agency estimated that 431,000 people were injured in distracted driving crashes the year before. The number of deaths reported as a direct cause of cell phone distraction in 2015 was 476.

Driving blindfolded

According to the Virginia Tech Traffic Institute, a driver’s eyes are away from the road for an average of five seconds while texting. That’s enough time to cover a football field at 55 mph with your eyes closed. What comes to issue is the fact that accidents involving injuries or deaths due to cell phone use are incredibly unreported. That’s because police are required to rely on a driver’s denial of cellphone use after an accident.

Enter the Textalyzer

Lawmakers in both New York and Texas have proposed providing police with the Textalyzer device that searches a suspect’s phone for activity immediately before a crash. Both legislatures are trying to work through the legal objections to the device.

Enforcement or public awareness?

Louisiana is an example of a state that has raised its texting while driving fine to $500 for a first offense. Other states like New York assess points against a driver’s license. The Harvard School of Public Health is working on a public awareness campaign against distracted driving that’s much like the successful designated driver campaign to deter drunk driving.

Legislatures and law enforcement aren’t making much progress in their campaigns against distracted drivers.Your business or personal life can be put on hold by ignoring these facts. Also be conscious about the people around you on the road, they deserve that. If you or somebody close to you was hurt by a distracted driver, call an Austin car wreck attorney from Terry & Kelly at 512-900-9000.

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Tips For Driving In The Rain In Austin

Driving in the rain is a necessary skill for Austinites, especially these last 2 years that we’ve gotten heavy rain for extended periods. Have you observed all the accidents on the freeways in Austin during storms?

People simply do not know how to drive in inclement weather. Here are some ways for you to perfect your driving when it’s pouring outside.

Always Turn on Your Headlights
Even if it is in the middle of the afternoon, be sure to turn on your headlights. When your wipers are going, your headlights should be on. The lights do little for you, but they make you visible to other drivers. This is especially helpful when the rain is coming down in buckets.

Reduce Your Speed
Sure, you are in a hurry to get to work or wherever else you need to go, but nothing is more important than your life. To drive in the rain, reduce your speed by about 5-10 miles per hour. Since your response times will be slower on slick surfaces, you need to give yourself a few second advantage. If someone in front of you slams on their brakes, you will be glad you had the extra time.

Make Sure Your Wipers Are Replaced Often
While the weather is mostly sunshine and fair skies in Austin, there are always those rainy days. You need to make sure that your wipers can handle whatever Mother Nature throws their way. A fresh wiper will keep the windshield clean, thus increasing your visibility. Poor wipers can contribute to an accident.

Pull Off During Downpours
There are points of time during any storm where driving is no longer safe. Pull your vehicle to the side of the road and wait for the downpour to pass. Driving in rain showers is one thing, but when it is impossible to see, you are better off on the side of the road.

Pass As Little As Possible
While most people love to pass to get around slower cars while it’s raining terribly, attempt to stay where you are. Most accidents in the rain occur from people speeding up and trying to pass. Poor visibility makes passing dangerous. While you will need to pass at some points, slow down and concentrate on the road/weather.

If you are one of the unfortunate ones who has been in a car accident, you need to call us at Terry & Kelly PLLC. We want to help you get through this difficult time. Call today for a free consultation.

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A Drunk Driver Totaled my Car

In the United States, there are over 121 million self-reported incidents of alcohol-impaired driving among adults in the United States, according to the U.S. Centers for disease control and prevention. And over 1 million people are arrested in the country each year for driving under the influence of alcohol. These kind of accidents are unfortunately a fairly common occurrence across the country and especially in Austin .

So what can you do if you’re hit by a drunk driver?

If you’ve hit by a drunk driver you’re well within your legal rights to sue the individual who hit you. With the help of an experienced lawyer, you have the ability to sue the intoxicated driver and obtain the compensation to which you are entitled.

Dealing with an Insurance Company

Directly after a collision caused by a drunk driver, you will find yourself dealing with an insurance company. Filing and successfully pursuing an insurance claim as a result of an accident with a drunk driver is challenging. This is an area in which an experienced Austin car accident lawyer can provide you invaluable assistance.

Compensation for Losses

You likely are entitled to different types of compensation for losses sustained because of a collision caused by a drunk driver. These include compensation for your totaled vehicle. In addition, you may be entitled to compensation for medical bills, pain and suffering and lost wages. Compensation may include not only current but future losses reasonably expected to be incurred as well.

Retain an Experienced Austin Car Accident Lawyer

If you have suffered injuries and property damage because of a drunk driver, you need an attorney that will fight for your rights against an insurance company and in court. The legal team at Terry & Kelly PLLC stands ready to assist you. Call Terry & Kelly PLLC today at 512-900-9000 to schedule an initial consultation. There is no charge for an initial consultation about your case. In fact, Terry & Kelly PLLC does not charge you a fee unless the firm obtains a favorable settlement of judgment in your case.

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A Car Hit My House

It sounds random or perhaps even absurd, but motor vehicles wrecking into homes is more common than most people realize. In fact, a home in Raleigh, NC has been hit by a car a total of 6 times. Shockingly, motor vehicles hitting homes accounts for 5% off all home insurance claims.

So while it’s not as common as a fender bender, it’s still very important to understand the legal aspects of the situation should you ever find yourself in these unfortunate circumstances.

The first thing to do is to call 911 to report the accident. There’s a sense of urgency here because as with any motor and while you have the operator on the phone, the very first thing that you should do is call the police to help you document the incident. Don’t fixate yourself on having the cop determine who’s at fault because it’s more important that the officer documents the accident accurately than anything else. These documents can be used later by your Austin car accident lawyer and insurance.

Once the police have documented the accident, the next thing you should do is call an attorney to represent you with your insurance claim. Insurance companies, even yours, may try to lowball the value of your property and the entire estimate of the damages. An experienced Austin car accident lawyer will ensure that this doesn’t happen, especially if it goes to court. You do not want to waste time at court, and fight for an amount that will not cover your damages.

A good lawyer will not only take the individual to court for damages to your home but also any costs that you incurred as a result of the accident such as you having to stay in a hotel while your home is being repaired or having to order out more often. If you ever find yourself in this type of scenario, call Terry & Kelly PLLC. We are experienced in recovering damages for our clients.

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Austin, Texas $720 Million transportation bond will go before voters Nov. 8

Austin, TX. – The city council, after four hours of deliberation, have decided 8-3 to approve a $720 million transportation bond proposal for the November ballot. The proposal comes from Austin mayor, Steven Adler. The “mobility bond”, if approved, will work to restore many busy and congested roadways ((Airport, North and South Lamar, Burnet Road, Riverside, Guadalupe, and FM 969), as well as local sidewalks, bike trails and such.
The congestion and lack of accessibility on these roads has lead to countless accidents, leaving many individuals looking for an Austin Personal Injury Attorney. City transportation buses must stop in the busy traffic, halting all cars in the outside lines, only adding to the chaos.
The cost of this bond will be paid by “a slight increase” in property tax per year, equating to approximately $60 per homeowner. If approved a general obligation bond will be from the city’s $500 million bond capacity under the existing debt tax rate, and will cover $250 million of the $720 million price tag. The remaining $470 million will come from a debt tax rate increase of approximately two and a half cents per $100 of appraised value.
$482 million will be dedicated to the “corridors” specifically, including, creating pull out lanes for city buses to allow for loading/unloading without stopping traffic. “I would like us to change how Austin measures success when it comes to affordability. And to do that, we need a new vision for reducing traffic congestion that increases housing density along traffic corridors,” said Mayor Adler. “If we’re going to be a better city, Austin needs to be a smarter city.”
The council must make the final decision regarding the ballot by August. Yet there are no scheduled meetings in July. Make your voice heard and cast your vote. Brought to you by Terry & Kelly, PLLC Austin personal injury attorney.

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Austin Police Increase Patrol to Fight Drunk Boating

Austin boating accident attorneys know a thing or two about boating safety. They also know the laws regarding operating a boat after drinking.

Austin police and Texas game wardens have stepped up their patrols on the water in response to a dramatic increase in injuries and deaths on area lakes due to boating under the influence of alcohol. “Operation Dry Water” was launched as a nationwide initiative in 2009 and has seen a 3% decline in deaths on the nation’s waters.

Last year, Austin police saw a decline in BWI arrests as the boating season went on. This is attributed to boaters noticing the increased patrols and arrests. Although BWI carries the same penalties as DWI, boating accidents can be much more dangerous, according to Austin Police Sergeant Glen Kreger. This is because boats are not built to handle impact and do not have safety features such as air bags and seat belts. Landing in water with an injury can be far more serious than being ejected from a car and landing on pavement.

Austin boating accident attorneys have seen some serious injuries that have occurred on the water. Not all boating injuries are caused by alcohol consumption on the water. Many accidents are caused by inexperienced operators. Many injuries and deaths could have been prevented by the use of safety gear and common sense safety practices. Do not operate a boat after drinking. Learn boating laws. Be sure everyone who will be on the boat knows how to swim. Make sure everyone on the boat is wearing a personal life vest rated for their size. And if you need a boating attorney, it is imperative that you contact Terry & Kelly, PLLC immediately. When an accident occurs, time is of the essence. Delay can cost you thousands.

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DWI Arrests Increase After Uber/Lyft Leave Austin

From May 9th to May 31st of this year, Austin experienced an astounding 7.5% increase in the rates of arrest for drunk driving, which meant an increase in accidents. Those were also the dates of Uber and Lyft’s withdrawal of business from that city after Proposition 1 was passed by the city council, discouraging business from Transportation Network Companies (TNCs)and leaving those who were potential patrons staggering in the streets without options.

Thankfully the market has responded with several alternatives to Uber and Lyft, including Fare, another ridesharing service, Fasten, which boasts its policy of charging by the mile and the minute and nothing else, and Get Me, which is not only a ridesharing company but also a delivery service. That response proved too little too late, however, as the gap in available services in the city of Austin put too many drunk drivers back on the road and left a lot of people with no choice but to call an Austin car accident attorney.

There’s no need for the people of Austin to be left helpless and confused by these changes any longer. If you have suffered as so many other residents of Austin have from an accident on the road, whether you were behind the wheel or a passenger, it is imperative that you contact a car accident attorney in Austin to protect your rights. If you are in need of a helping hand after your car incident, Terry & Kelly, PLLC, are lawyers for Texans just like you.

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Boat Accidents on the rise in Austin

In recent years, there has been an increase in the number of boat accidents in the Austin, Texas area. As a result, there has been a significant rise in the number of people injured in boating accidents during that same time period. The following are some important steps that can be taken to reduce the possibility of a boat accident:

Eliminate Alcohol
Alcohol is a common denominator in a considerable number of boat accidents. The primary key to reducing the possibility of a boat accident is to eliminate drinking when on the water. The operator of the boat should never drink.
Moderate Speed
Another frequent underlying reason for a boat accident is speed in excess of what water conditions permit. Reducing speed and paying closer attention to water conditions is another step that can be taken to avoid a boat accident.
Proper Maintenance
A recurring cause of boat accidents is the failure to properly maintain a craft. Time needs to be set aside to properly maintain a watercraft. This not only includes appropriate regular maintenance but also safety inspections, including maintenance and safety inspections undertaken by a professional.
Retain Legal Counsel
If a person is injured in a boat accident in the Austin, he or she needs to seek out a qualified Austin boating accident attorney, like a member of the legal team at Terry Kerry PLLC. An initial consultation can be scheduled with an Austin boating accident attorney at our firm and there is no charge for an initial consultation to discuss a boat accident case.
During an initial consultation, an attorney will evaluate your specific case and answer any questions you may have. If you or a loved one has been injured in a boating-related accident, call us today.

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Boating Safety A Must When Enjoying Texas Lakes

According to Texas.gov, the most common citations given to boaters are for not having enough life jackets on board or children under 13 not wearing life jackets. Nearly 85 percent of people who drown are not wearing a life jacket.

A typical boating fatality happens on a weekend between the hours of noon and 7 p.m. More often than not, the victim falls overboard and drowns before making it back into the boat. The real determining factor? Fifty percent of all boating accidents involved alcohol consumption.
Any Austin boating accident attorney will state that alcohol and water don’t mix.
Recreational boaters may think they are having fun on the water – in the sun, cruising, skiing and consuming alcohol. However, the effects of alcohol on the body can be magnified by sun and heat, causing individuals to become more intoxicated than they realize.

Coast Guard statistics indicate that most alcohol-related boating accidents involve the inattention of the operator plus excessive speed, drugs, alcohol or both. Usually, the boat operator is 35 or older.
A BUI (Boating Under the Influence) can be just as devastating as a DUI, and more likely to happen. Why? Open containers of alcohol are legal while boating, because boating is recognized as recreational. However, driving a boat will intoxicated is illegal and can lead to the driver receiving a BUI (Boating Under the Influence charge). Such drivers could wind up with a criminal record for drinking and driving a boat. More importantly, they can cause serious injury or death of other individuals.
If you or a loved one has been injured as a result of the negligent operation of a boat – including BUI – you should contact a boat accident lawyer immediately to protect your interests. Our Austin boating accident attorneys are always available to discuss your case and help you receive the justice you deserve. If you need assistance, please contact Terry & Kelly PLLC today for a free consultation.

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Viral Video Takes Austin On A Trip Down Memory Lane

The changes that can come to a city over the course of two decades can be dramatic as a recent online video showed with respect to how Austin has rapidly expanded. Back on June 9, 1996, a then-law student from Scotland decided to document what life looked like in the city, helping to create a time capsule for that distant era.

Traveling down some of the main city streets brought glimpses of buildings and businesses that are no longer there, gas prices in the range of $1.40 a gallon and traffic on a Sunday afternoon that saw minimal activity. Due to the absence of any heavy influx of traffic, there seems to have been little or no use for the services of an Austin car accident attorney.

Fast forward to the present day and things have drastically changed for Austin, the vast majority of differences being on the positive side. A surge in tech-related businesses and other startups has made the city a magnet for growth, resulting in an economic explosion that continues to offer many benefits.

Accordingly, Austin’s population has surged from approximately 560,000 at the time the video was shot to more than two million as of December 2015. That’s meant more cars on the road, which has increased the potential dangers for all drivers as well as pedestrians. Unfortunately, that’s also made the need for an Austin car accident attorney much more important.

If you or someone you know has been a victim of someone’s irresponsible behavior behind the wheel, it makes sense to get in touch with an Austin car accident attorney like those at Terry & Kelly PLLC. They fight passionately for their clients in the courtroom and have won large verdicts to help those victims achieve justice. Contact them today!

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Overgrown Shrubs Blocking 40% of Sidewalks in Austin

With months of above average rainfall, it’s no surprise that overgrown shrubbery is taking over Austin’s sidewalks. In fact, the city of Austin states that addressing overgrown shrubs is necessary to clear up more than 40% of the city’s sidewalks – making them safer and more accessible to all.

City code requires property owners to maintain trees and vegetation above or near sidewalks within the right-of-way, and for good reason. Shrubs, weeds, and other plants can become a hindrance to those using sidewalks, blocking visibility and creating hazards on the cement path. For those with disabilities who may have difficulty traveling as it is, this becomes even more true. In fact, failure to properly maintain areas around sidewalks can be considered a violation of the Americans with Disability Act.

Once the city finds that a sidewalk is overgrown with shrubbery, they will mail a letter notifying the homeowner who then has 10 days to address the issue. A follow-up inspection is then performed by the city and, if the work has not been completed, the city will again notify the homeowner, this time by certified letter. The homeowner is given an additional 10 days to take care of the issue. If the sidewalk is still not clear after that 10-day period, the city has the right to remove the obstructing growth and bill the property owner for costs. If the overgrown shrubbery is the responsibility of the city of Austin, the homeowner will be notified of the work that will be performed, which will be completed at no cost to the property owner.

Overgrown vegetation can block visibility of motorists and create hazards for pedestrians, vehicles, motorcycles and bicycles. If you have been injured due to obstructed sidewalks or visibility, contact an Austin Premises Liability Attorney immediately in order to preserve certain legal rights and get you the compensation you deserve. Contact Terry and Kelly, PLLC at 512-900-9000 for a free consultation and case evaluation.

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Uber, Lyft Stop Austin Service After May 7th Election

The popular ridesharing services Uber and Lyft have ceased operations within the city limits after the failure of Proposition 1 on the May 7th ballot. The failed proposition would have softened some city regulations, including mandatory fingerprint background checks for drivers.

Both Lyft and Uber say that they will continue to fight for ridesharing in Austin, but talks between either company and the city seem to be futile. A representative for Uber would not state whether the company is in talks with city leaders, but said they look forward to future conversations with the city and “are open to working with elected officials who are interested in modernizing the city’s regulations for ridesharing.”

Although Uber and Lyft are no longer operating in Austin, those outside the city can still take advantage of the ridesharing services. As long as the ride did not originate within the city limits, drivers can take passengers through the city and into the downtown area. There are also a few other ridesharing companies looking to fill the void, such as Dallas-based GetMe and Phoenix-based Fare. Both apps are currently operating within the city and require fingerprint background checks for all of their drivers. Another ridesharing service called Fasten, out of Boston, is also expected to launch this month.

So while Uber and Lyft are no longer operating in Austin, there are quite a few options for those looking to get home safely. Safety on the road, whether behind the wheel or as a passenger, is our top concern at Terry & Kelly, PLLC. If you’ve been injured in a car accident, it’s extremely important to contact Austin Car Accident Attorney immediately in order to preserve certain legal rights. Call us today at 512-900-9000 for a free consultation and case evaluation.

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Austin Still In The Running To Win Smart City Challenge

Motivated by a desire to tackle Austin’s problems with traffic congestion, Mayor Steve Adler has submitted a proposal that could mean a total of $50 million for the city to improve its transportation options. The Smart City Challenge is offering up to $40 million from the U.S. Department of Transportation and up to $10 million from Paul Allen’s Vulcan Philanthropy to the city that will most effectively integrate innovative technologies such as self-driving cars, connected vehicles and smart sensors into its transportation network.

A total of 78 cities submitted proposals. Austin is one of the seven finalists that received $100,000 to refine its proposal. Initially, the 30-page proposal included using drones for package delivery to reduce traffic congestion and use of self-driving cars. According to the Department of Transportation, the winning city will be one with a plan that is both ambitious and detailed. The other finalists are Columbus, OH, Denver, CO, Kansas City, MO, Pittsburgh, PA, Portland, OR and San Francisco, CA.

“No city needs this more, and no city is better situated to take advantage of all the Smart City Challenge offers on mobility. You don’t get opportunities like this all the time, and we are going all out to win it,” Mayor Steve Adler said. “Simply put, mobility is a life or death issue for our city.”

Self-driving cars and other technological innovations are expected to make roads throughout the country considerably safer. Unfortunately, it will be several years before technology and regulations for self-driving vehicles are developed enough to allow them on the road. If you’ve been injured in a car accident, it’s extremely important to contact Austin Car Accident Attorney immediately in order to preserve certain legal rights. Call us today at 512-900-9000 for a free consultation and case evaluation.

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Austin Continues to Struggle With I-35 Rock Throwing

The Austin Police Department and local residents are becoming increasingly frustrated as the number of rock-throwing incidents in the downtown area continue to escalate without any information on who may be responsible or what is being done to keep drivers safe. There were a total of 13 separate incidents reported during the weekend of May 20th alone – leaving 5 people injured and bringing the total number of cases since July 2014 to 83.

The Austin Police Department has determined that the rocks are being thrown deliberately, but stop short of offering any specifics for fear of endangering the investigation. However, many suspect the rocks are being thrown from the upper deck of I-35, off of overpasses or even from a vehicle moving in the opposite direction of the motorists who were hit.

Now the Austin Police Department is looking to create a task force to address the problem. Police have considered placing warning signs along the highway and even closing the lower deck at night, which is when most of the incidents occur. Police hope that the signs will alert out-of-town travelers of the risk and provide drivers with instructions in the event that they are hit by a rock.

If you become a victim of rock throwing along I-35, pull over as quickly and safely as possible, call 911 immediately and do not touch the area of impact or the rock. It’s important for police to know the exact time and location of the incident to help catch who’s responsible. The Austin Police Department also recommends that drivers use the outside lanes from 10PM to 6AM, take the upper deck as opposed to the lower deck, and remain aware of their surroundings. Look ahead and use your mirrors constantly.

Victims of rock throwing incidents should also contact an Austin Car Accident Attorney immediately in order to determine their legal rights. An attorney may be able to help you obtain the financial compensation needed to deal with the physical and emotional trauma you may have experienced. If you have been the victim of a rock attack on I-35, contact Terry and Kelly, PLLC at 512-900-9000 for a free consultation and case evaluation.

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Austin To Add 6 More Pedestrian Activated Crosswalks

The Texas Department of Transportation has confirmed that the City of Austin will install six new pedestrian crossings, or hybrid beacons, by the end of the year (one of those six is pending TxDOT approval). These beacons, also known as PHBs, are flashing crosswalks that stop traffic for pedestrians on a busy street.

The following intersections will have pedestrian hybrid beacons installed by the end of the year:

• Camino La Costa at Calidad Drive
• Red River at Park Street
• 822 Rutland
• North Lamar at Connolly High School
• Manchaca Road and Inverness Boulevard

Many locals living in South Austin are looking forward to a beacon being installed on Manchaca Road. As a four-lane road with popular destinations like the ACC Campus and the 24 hour coffee shop/music venue Strange Brew, it can be difficult to cross the busy road.

Currently, there are about 23 intersections that could qualify for improvements. Last year, four intersections were improved. At 47th Street and Guadalupe Street, the pedestrian beacon has helped many who work in the area feel safer crossing the busy road. Not long ago the U.S. Department of Transportation launched a Safer People, Safer Streets initiative aimed at creating safer walking networks across the U.S. Unfortunately, pedestrian fatalities still account for 14% of all traffic fatalities in the U.S.

Although these crosswalks will provide a safe space, it is important for all pedestrians to be on the lookout for speeding vehicles or drivers who may be driving erratically or not paying attention. We urge all pedestrians to always use the crosswalk and wait for the signal rather than cutting across when it may not be safe to do so. Dim streets, hills, and tight roads often make it hard for motorists to see pedestrians until it’s too late.

If you are ever injured in a collision caused by a careless driver, speaking with an Austin pedestrian accident attorney immediately can be critical in preserving your rights. Contact Terry & Kelly, PLLC at 512-900-9000 for a free consultation and case evaluation.

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Audit Reveals Austin Failed to Use Crash Data to Improve Safety

A recent city audit has revealed that the City of Austin has failed to use important crash information to improve public safety.

Some of the most telling information out of the Transportation Effectiveness Audit includes:

• The city did not coordinate with city departments and external partners on a transportation system, including a failure to connect across various modes of transportation.
• The city’s transportation activities have mainly been reactive, which means they largely occurred after a crisis unraveled.
• The city cites resource challenges, such as limited funding and staff, for its failures.

The report findings go on to note that the city failed to use crash information to improve traffic incident management and to target engineering, law enforcement or educational solutions. Along with this information, it was revealed that traffic-related fatalities have increased over the past four years and that some of these fatalities could have been prevented through education and law enforcement. Specifically, the audit found that drivers without a valid license were an increasing problem around Austin, with about 1/3 of all fatal accidents in Austin involving a driver with a suspended or invalid license.

Robert Spillar, director of Austin’s transportation department, says the department plans to create an engineering division that will focus on traffic safety and work with the Austin Police Department to enhance traffic enforcement. Furthermore, the department intends to address all the findings from the city audit.

We know that for some, this information is just another reminder of the loss of a loved one due to an unlicensed driver, improper engineering at traffic intersections, or other city issues. If you have lost a loved one in a car wreck caused by a careless driver or other issue related to city traffic shortcomings, you may be entitled to compensation. An Austin car accident attorney at Terry & Kelly, PLLC can help you determine your legal options. Call us today at 512-900-9000 for a free consultation and case evaluation.

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Mayor Announces “Austin Don’t Rush” To Help Ease Traffic

Austin Mayor Steve Adler recently announced a new initiative called “Austin Don’t Rush” to help combat traffic congestion and called for Monday, May 11th to be the first public holiday to kick off this initiative. With a decade-long boom in population growth, transportation in Austin is now at a tipping point due to the havoc the rising numbers of automobiles are causing on the city’s streets and highways.

If you live in Austin, Mayor Adler now encourages you to reduce the number of hours you are stuck in traffic by telecommuting or working unconventional hours, when possible. On May 11th, Austinites were urged to avoid rush hour and help ease congested roadways by changing their work schedule, using bikes, working from home, or taking public transit. In honor of this “holiday,” Capital Metro also offered free rides to commuters. By all accounts, it was a success.

The idea of “Austin Don’t Rush” came about when Mayor Steve Adler urged Austinites to work from home back in March when President Obama came to town to give the keynote address at this year’s SXSW. According to the Mayor, travel times during rush hour on MoPac decreased 60%, while traffic on Highway 183 decreased by about 50%. Six major downtown streets also experienced a 22% decrease in travel time as well.

A high number of road accidents including car, motorcycle, bicycle and truck collisions happen during the morning and afternoon rush hour. If you or a family member is injured in a car accident, contact the Austin car accident attorneys at Terry & Kelly, PLLC immediately to preserve your rights and seek the maximum compensation possible. Call us today at 512-900-9000 to schedule a free consultation and case evaluation.

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Motorcyclist Dies In East Austin After Colliding With Car

A motorcyclist in his 30s died in a crash with a car in the 1600 block of Royal Crest Drive by Riverside Drive in East Austin recently. This was the third motorcycle fatality in Austin in a matter of days. Just a few days before, a 57-year old man and a 17-year-old teen both died in crashes involving vehicles failing to yield when exiting private drives.

At Terry & Kelly, PLLC our Austin motorcycle accident attorneys have seen it all – and in many cases other motorists are responsible for these fatal motorcycle accidents. The majority of motorcycle accidents occur when a car or other motor vehicle illegally crosses the path of the motorcycle, particularly when making left turns in front of the bike. Often due to the small frame of a motorcycle, other motorists simply fail to see motorcycles on the road – especially in certain conditions.

Motorcycles also provide very little protection to their riders, making them particularly vulnerable to injury if they are involved in a crash. As we all know, there’s no steel body around riders, no air bags to keep them from being thrown forward or seat belts to restrain them.

If you or a loved one has been injured in a motorcycle accident that was caused the negligence of another driver, contact the Austin motorcycle accident lawyers at Terry & Kelly today by calling 512-900-9000. We offer all injured victims of motorcycle accidents a free consultation and case evaluation.

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Staying Safe From the Dangers of Summer

An old and well-known saying tells us that “in summertime, the living is easy.” However, it is also important to not underestimate the many dangers we all face in summer. Many people believe that the winter, with its icy roads and severe weather, is the most dangerous time for drivers when in fact more accidents and fatalities happen in the summer.

Visiting tourists, young drivers on the road, and more bicyclists are just a few of the elements that can lead to a car accident disaster in just a matter of seconds. Additionally, the soaring temperatures in summer, especially in Texas, can lead to road hazards such as tire blowouts or road rage in heavily congested traffic areas.

Along with visitors who may not be familiar with area roads and demographics, it is critical to watch for other vehicles, such as motorcycles or bicycles. Warm weather entices more outdoor activity, and as such, many riders may take to the open road at all hours of the day, which can pose a hazard for folks unprepared for these types of vehicles. Motorcycles and bicycles can dart out into oncoming traffic without warning, make sudden turns or stops, or “hide” in a car’s blindspot, which can result in an accident.

No one wants a vacation or a casual trip to be ruined in the terrible event of an accident or injury. Should you find yourself the unfortunate victim of a car accident, it is important to contact an Austin car accident attorney immediately to determine your rights and assist in your recovery efforts. Call Terry & Kelly, PLLC at 512-900-9000 for a free initial consultation and case review.

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Austin DUI Cases Could Be Thrown Out Due To Lack Of Warrants

Until recently, police were authorized to draw a driver’s blood without a warrant in suspected DUI cases. The blood results were then tested for levels of alcohol and for possible drug consumption. The United States Supreme Court recently reviewed this issue and determined that the police must be granted a warrant prior to drawing a person’s blood and due to this recent ruling, as many as 17 DUI arrests in Austin may be thrown out.

DUI blood draws are quite prevalent during dates or events when alcohol consumption is common. There have been approximately 336 DUI arrests during this year’s SXSW/Spring Break alone. During holidays and special event weekends, Austin police officers are on the lookout for intoxicated drivers and now enact “No Refusal Weekends” where police are automatically issued warrants to take blood from drivers who are suspected of driving under the influence.

Car accidents involving drivers charged with DUI also have increased consequences. Those who are injured in DUI related car accidents should be aware that they may be entitled to recover money damages for their injuries. Victims of DUI accidents can receive reimbursement for their out of pocket expenses, as well as compensation for pain and suffering, mental distress, lost wages and other losses.

An Austin car accident attorney from Terry & Kelly, PLLC can assist those who have been involved in DUI and DWI car accidents. Our experienced team is familiar with the complexities of DUI and DWI cases and can help explain your rights. Call Terry & Kelly, PLLC at 512-900-9000 to schedule a consultation.

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Austinite Arrested for DUI While Driving for Lyft

Ride-sharing services such as Uber and Lyft have been making headlines across the nation as friendly, convenient, and cost effective services that provide rides to customers at all hours of the day. However, not all experiences with these services have been positive. In recent months, the city of Austin has been reviewing these companies and has considered placing further restrictions on their drivers, such as mandated fingerprint background checks, as horror stories and incidents make headline news across the country.

One such incident took place just last month when an Austinite actively driving for Lyft – with an unsuspecting passenger in the car – was stopped by police for suspicion of driving under the influence. The police determined that the driver was indeed impaired and placed him under arrest. The passenger was shocked and noted that the driver appeared to be swerving in and out of lanes during the ride, but passed it off initially believing that the driver was “just not paying attention.” However, once when the driver braked at a red light and then cut across several lines without looking, the customer became more concerned. This is when the vehicle was stopped by police for its erratic movements.

Perhaps even more concerning is that this was not the first time this particular driver was stopped for a DUI offense. In this particular case, the vehicle operator had a previous conviction from 2004 for DUI and possession of a controlled substance. Stories such as these have gone viral, leading many to demand fingerprint background checks for those who wish to become Uber or Lyft drivers in order to keep passengers and other drivers safe.

If you should find yourself in an Uber or Lyft ride where the driver appears to be impaired, request that the driver stop immediately or call 911 for help. Safety on the road, whether behind the wheel or as a passenger, is our top concern at Terry & Kelly, PLLC. If you’ve been injured in a car accident, it’s extremely important to contact an Austin Car Accident Attorney immediately in order to preserve your legal rights. Call us today at 512-900-9000 for a free consultation and case evaluation.

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Austin Metro Area Tops 2 Million Population Mark

Having just recently passed the 2 million mark in population, the Austin area continues to be the fastest growing metropolitan area in the country. This marks the 5th straight year that Austin has earned such recognition. While these are exciting and vibrant times in the Austin area, all of that growth has also brought about an unprecedented surge in the number of vehicles and accidents on our roads.

A booming population has many benefits, from increased infrastructure to plentiful employment opportunities, but there can be some downsides as well. A recent rise in the number of car accidents taking place in and around Austin has also made headlines as the city struggles to catch up with the rising population. From minor injuries to major traffic incidents and fatalities, these accidents are taking on toll our city and residents.

In the event you have been involved in a car accident in Austin, contact an Austin car accident attorney immediately. Call Terry & Kelly, PLLC at 512-900-9000 for a free initial consultation and case review. We are an experienced and personal injury law firm that understands the unique circumstances revolving around Austin’s population growth and will work to vigorously defend your rights.

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Drug Use Leading to More Impaired Driving Accidents

Everyone is familiar with the nationwide problem of drunk driving. However, driving under the influence of illegal and prescription drugs is a lesser-known form of impaired driving that contributes to many, if not more, automobile accidents each year. And just like drunk driving, drugged driving often leads to the serious injury or death of others.

Millions of Americans take prescription or OTC drugs that can potentially impair their ability to drive. Over-the-counter cold and flu medicine, antidepressants, and sedatives all can impair a person’s driving ability to one degree or another, but their exact effects on driving are still relatively unknown. We can’t say with certainty how many accidents drug-impaired drivers cause because on-the-scene tests and toxicology limits for various drugs simply do not exist, but government statistics show a scary rise in the trend.
The 2013 National Survey on Drug Use and Health estimates 9.9 million people (3.8% of Americans older than 12) reported driving under the influence of illicit drugs during the previous year, which is an increase of 3.9% since 2010. The National Highway Traffic Safety Administration’s 2013-2015 National Roadside Survey reported that 22% of drivers in that study tested positive for drugs, including prescription, over-the-counter, and illegal drugs. An older NHTSA study, from 2009, found that 18% of all drivers killed in auto accidents had at least one drug in their system. That number represents an increase of 13% from 2005 which proves that drugged driving is becoming much more mainstream.
If you have been injured in a crash caused by an impaired driver, contact an Austin car accident attorney immediately. Call Terry & Kelly, PLLC at 512-900-9000 for a free initial consultation and case review.



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Pay By Phone Parking Coming to Downtown Austin

Beginning in late March 2016, an app called ParkX will allow drivers in downtown Austin, Texas to pay for parking meters electronically. This will remove the need to use cash or credit cards, as drivers will be able to pay using their smartphones instead. The benefits of this new program are apparent, as it will make downtown parking easier and more efficient. Drivers who are in a hurry will save valuable time paying via app, rather than searching for cash or swiping a card.

However, with the increasing capabilities of smartphones, phone use while driving is becoming more common. With apps like ParkX, GPS and Spotify, drivers are becoming increasingly more likely to be distracted while driving and parking, which increases the likelihood of car accidents. Concerns about phone use while driving has led to several laws prohibiting certain cell phone conduct while driving in many states.
Distracted driving can result in fender benders, pedestrian collisions, traffic signal violations, rear end collisions, and other accidents that can cause significant property damage or personal injury. Anyone who has been involved in a car accident in Austin where distracted driving is a factor should contact a personal injury attorney immediately. Distracted driving can constitute negligence and give rise to a claim for damages in some instances.
An experienced Austin car accident attorney can provide legal advice and representation for those involved in car accidents. They will discuss the various options provided by the law to help you make an informed decision and fully understand the process. Terry & Kelly, PLLC will review the facts of your case and help you determine if you have a claim for damages.  Contact us at 512-900-9000 to schedule a free initial consultation and case review.


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Mopac Realignment Causes Traffic Headaches Throughout Austin

Austin residents are well familiar with the Mopac construction project, but the recent reduction of northbound Mopac to only two lanes of travel has created a whole new set of problems for commuters throughout the city. Starting late last month, a single lane along Mopac at Enfield Road will be closed to allow crews to work on underpass and realignment construction. This phase of the Mopac construction project is expected to last for 6 months.

The lane reduction has created substantial problems for Austin as drivers try to find alternative routes during rush hour, causing serious congestion on other northbound routes, including South Lamar, South 1st, and South Congress. Along with longer travel times, Austin drivers are also reporting more accidents and increased frustration, especially during the rush hour periods when drivers are in a hurry to get to and from work.
In situations like this where lanes are reduced, drivers sometimes become more aggressive, which results in a variety of traffic accidents, including rear end collisions, T-bone collisions at intersections, fender benders, sideswipe collisions and many others. Aggressive drivers often fail to drive defensively, thus putting themselves and others at risk.
If you have been injured in a traffic accident in Austin, contact an Austin car accident attorney as soon as possible. You may be eligible to receive money damages to compensate for your injuries and property damage. An experienced Austin car accident attorney will review your case and help you understand what options are available.
The attorneys at Terry & Kelly, PLLC have represented many victims of car accidents. They strive to protect their clients’ interests and advocate for fair settlements. Call us at 512-900-9000 for a free initial consultation and case review.


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Gravel Truck Plows Through Intersection, Flies Off Overpass

Recently, a video of a dump truck driving through an Austin intersection and causing an accident involving 4 other vehicles has gone viral. The dash cam video shows the moment when a dump truck, carrying a load of gravel to a location on Jester Boulevard on RM 2222, runs an intersection striking several vehicles, runs off of the roadway, and falls below an overpass causing another vehicle to crash into a utility pole. Austin-Travis County paramedics reportedly transported four people to a nearby hospital.


The cause of the accident is still under investigation, but the owner of the dump truck recently stated that he performs weekly equipment safety checks on the truck. Investigators are now looking into the likelihood of ‘distracted driving’ being the cause of the accident.
According to National Highway Traffic Safety Administration, distracted driving is becoming the most common cause of motor vehicle accidents in the country. The issue is particularly worrisome when trucks, especially a dump truck weighing 30,000 pounds or more, runs out of control. Because trucks are typically 10 times the weight of the average passenger vehicle, occupants of surrounding vehicles are far more likely to be severely injured or killed when they’re involved in an accident with a truck.
If you’ve been involved in an accident with a large truck, contact an Austin truck accident attorney immediately in order to preserve certain legal rights and get you the compensation you deserve. Contact Terry and Kelly, PLLC at 512-900-9000 for a free consultation and case evaluation.


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The National Transportation Safety Board Pushes for Lower BAC

With an increasing number of drivers on America’s roads, safety continues to be a primary concern. As decades of public service announcements regarding the dangers of driving while under the influence of alcohol appear to have done little to quell the alarmingly high number of car collisions attributable to this one cause alone, many are urging something more needs to be done. Because of this, the National Transportation Safety Board (NTSB) is now asking for the legal blood alcohol content level for drivers to be lowered yet again.
The current concentration level that is recommended nationwide is .08. While states are free to implement their own legally accepted levels, the NTSB is now recommending that this be lowered to .05. This is in response to a recent Center for Disease Control (CDC) finding that more than 112 million alcohol impaired trips are undertaken by drunk drivers every year. In addition, the CDC now reports that driver impairment actually begins before an individual’s blood alcohol content level reaches .08.
Women will be particularly affected by the new recommendation, as the average weight woman would only be able to drink one alcoholic beverage in an hour before she is over the .05 BAC limit. Because of this and numerous other factors, there are certain complications related to the lowering of the national blood alcohol content level that must be taken into consideration.
Car crashes caused by drunk drivers involve unique factors and can be complex, especially when someone is injured. Individuals who have been in a wreck involving a drunk driver should consider contacting and retaining an Austin Car Accident Attorney right away in order to protect their rights.
Terry and Kelly, PLLC reminds everyone to find a sober, safe ride home whenever drinks are a part of your night out. If you have been in an accident involving an impaired driver contact an Austin Car Accident Attorney right away in order to preserve certain legal rights. Contact Terry and Kelly, PLLC today at 512-900-9000 for a free consultation and case evaluation.


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Who’s Liable If You’re Injured While Renting An Airbnb?

With a valuation of over $25 billion Airbnb has quickly become a major force in the travel industry, changing the game by offering travelers a new way to connect and stay in cities around the world. Airbnb lists millions of properties for rent by ordinary people – ranging from lofts overlooking a city skyline to remote cabins in the mountains.

Travelers are gravitating towards the service because Airbnb provides unique rentals that allow you to “live like a local” at a price usually much lower than a hotel room. However unlike booking a hotel room, if you are injured while staying in an Airbnb property (e.g., because of an unsafe condition in the property), it could be challenging to get relief.

Most homeowners or renters insurance policies exclude coverage of accidents or injuries that occur when the homeowner or renter is using the property for profit. So even if the host is at fault you may have trouble recovering compensation for your injuries. Airbnb does not provide direct financial relief to an injured guest. The company’s Terms of Service provide that individuals who use Airbnb assume the risk of any injury they may sustain. The company does, however, provide Host Protection Insurance of $1 million to anyone who lists a property on Airbnb.

The Host Protection Insurance program provides primary liability coverage for up to $1 million per occurrence in the event of third party claims of bodily injury or property damage. Currently, the coverage is provided in fifteen countries (including the U.S.), leaving most Airbnb countries without coverage.

If you have been seriously injured during an Airbnb stay, contact an Austin Premises Liability Attorney immediately in order to preserve certain legal rights and get you the compensation you deserve. Contact Terry and Kelly, PLLC at 512-900-9000 for a free consultation and case evaluation.

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San Marcos, Texas Goes “Hands-Free” Only

The city council of San Marcos, Texas officially passed a hands-free ordinance in November 2015 with an effective date of February 1, 2016. With their slogan “No Hands, No Hassle” the city hopes to inform San Marcos residents and visitors of the new law and to make the transition to hands-free devices while driving as smooth as possible. The council recognized the seriousness of driving while talking or texting and designed the new law to protect those who are driving, walking, or riding their bikes from inattentive drivers.

Starting March 1, 2016 officers in San Marcos will be on the lookout for violators and begin issuing tickets. Fines for a first offense is $100, a second citation is $250, and if stopped a third time the fines rises to $500. The point of the law is to encourage people to put down the phone and stay attentive. Statistics show that accidents happen more often when drivers are distracted while using a cell phone. People who use their cell phones while driving put the lives of their passengers, pedestrians and other drivers at risk of injury, or even death.

Austin, Texas adopted a similar ordinance prohibiting the use of electronic hand-held devices while operating a car or bicycle back in January 2015. If you’ve been injured in an accident caused by a distracted driver, it’s extremely important to contact a personal injury attorney immediately in order to preserve certain legal rights. If you are looking for an Austin Distracted Driving Accident Attorney contact Terry and Kelly, PLLC today at 512-900-9000 for a free consultation and case evaluation.

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Road Rage Leads to Violent Encounter on Austin Road

This January in Austin, a road rage incident turned ugly. While stopped at a traffic light on a heavily congested street, two men engaged in an armed fight. A fellow motorist took a video of the incident on his phone, and the incident is now being investigated by the Austin Police Department as an aggravated assault.

The 30 second video shows a visibly hot-tempered man approach a truck with a baseball bat in his hands. The other motorist then proceeds to grab a large wooden staff from the bed of his truck. After he grabbed the staff, he swings it at the man with the bat, and an intense exchange of blows ensues. The man who filmed the attack was laughing as he captured the incident, but he later told reporters that he was afraid that the driver of the pickup was going to retrieve a gun.

It’s not clear what started the fight, but sadly, road rage is nothing new to Texas drivers. While not all road rage incidents turn violent, there are some extreme cases where road rage can escalate resulting in injuries or even death. With a booming population and an ever-increasing traffic problem, incidents like this are starting to become more common. Hopefully this incident will remind drivers that they should take a deep breath and consider the possible consequences of road rage before engaging with another driver.

If you’ve been injured in a road rage incident, it’s extremely important to contact a personal injury attorney immediately in order to protect your rights. If you are looking for an Austin Car Accident Attorney contact Terry and Kelly, PLLC today at 512-900-9000 for a free consultation and case evaluation. We will help you obtain justice and compensation for any personal injuries or vehicle damages that were sustained.

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Rock Throwing Incidents Continue On I-35

Local and state officials are stepping up their efforts to identify those responsible for throwing rocks at vehicles traveling along Interstate 35 in and around Austin, TX. Approximately 60 rock-throwing incidents have been reported since June 2014, some of which have resulted in serious injuries.

At first it was believed that the rocks were being thrown from overpasses, which led the Austin Police Department to install cameras in the hopes of identifying the perpetrators. However, authorities now believe that the rocks are being thrown from other vehicles traveling in the opposite direction as the cars being struck. This makes identification of the perpetrators more difficult and, according to police, it may also expand the area where the attacks occur.

In order to deal with this new threat, motorists have been advised to drive in the far right lane of the highway during the night and to avoid the lower deck of I-35 whenever possible. Motorists have also been asked to notify police if they see objects being thrown from vehicles or if they are struck themselves. Notification should be made as soon as possible to increase the chance of the perpetrator being identified and apprehended.

The victims of these crimes should contact an Austin Car Accident Attorney immediately in order to determine their legal rights. An attorney may be able to help you obtain the financial compensation needed to deal with the physical and emotional trauma you may have experienced. If you have been the victim of a rock attack on I-35, contact Terry and Kelly, PLLC at 512-900-9000 for a free consultation and case evaluation.

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After Deadly Year Austin Joins National Vision Zero Program

After Austin experienced 102 traffic deaths in 2015, setting a new record, the city was included in the Vision Zero Focus Cities program, joining Chicago, New York, and Washington, D.C.

Getting its start in Sweden in October of 1997, Vision Zero is a national traffic safety program that tries to reduce or completely eliminate traffic fatalities. What makes Vision Zero different from other traffic safety efforts is that it puts primary emphasis on life and health, rather than making a cost-benefits analysis when deciding how to spend safety-related dollars.

The Vision Zero team, which is made up of city transportation and planning members, analyzed traffic crash data between 2010 and 2014 to determine what is causing traffic fatalities and compiled a list of recommendations for the city. However, the program got off to a slow start when the Public Safety Commission voted to only support 5 of the 100 recommendations put forth by Vision Zero. The approved changes include increased traffic enforcement, evaluations of local speed limits, more pedestrian safety signals, and impounding cars if the drivers had a suspended license or no license.

Vision Zero had also recommended more prosecution of drunk driving, adding a sobriety center, and installing more red-light cameras. But one commissioner complained that the plan was not “very well vetted” and was too complex to implement. “There are far too many moving parts,” he said. While another commissioner, who is also a Vision Zero task force member, also criticized the plan citing the high costs of implementation.

The efforts to make Austin safer for drivers and pedestrians are not proceeding very fast, so we urge everyone to stay alert while driving and to always find a safe drive home. However, if you’ve been injured in a car accident, it’s extremely important to contact Austin Car Accident Attorney immediately in order to preserve certain legal rights. Call us today at 512-900-9000 for a free consultation and case evaluation.

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Austin Sends Uber, Lyft Fingerprint Mandate to Voters

After a lengthy battle in City Hall, voters in Austin, Texas will get the chance to decide whether drivers for Uber, Lyft and other transportation network companies (TNCs) need to be fingerprinted and undergo a background check in order to transport passengers. Voters will get to decide on May 7th in a special election that will cost between $500,000 and $800,000.

Back in December the Austin City Council approved an ordinance that would raise the franchise fee from 1% to 2% and would have eventually required all TNC drivers to pass a fingerprint-based background check. Since then a political action committee called “Ridesharing Works for Austin” collected signatures and submitted a petition with over 65,000 names complaining that the ordinance put undue pressure on the drivers for these and other transportation network companies.

The petition forced the city to either adopt the original regulations approved back in October 2014 by former Mayor Lee Leffingwell (which lacked any fingerprinting requirement and only collected a 1% franchise fee) or bring the issue to a vote. Uber and Lyft threatened to leave the city if they are forced to fingerprint background check their drivers.

Uber Technologies, Inc. was formed in 2009 in San Francisco as a smartphone app to allow riders to get a ride from local drivers, using their own vehicles. Now the company operates in over 50 countries and is worth upwards of $60 billion. Lyft is a similar company also based in San Francisco. These and other transportation network companies have been the topic of debate over safety and other concerns since their inception. All eyes will be on Austin when the city’s voters take to the ballot in May.

Safety on the road, whether behind the wheel or as a passenger, is our top concern at Terry & Kelly, PLLC. If you’ve been injured in a car accident, it’s extremely important to contact Austin Car Accident Attorney immediately in order to preserve certain legal rights. Call us today at 512-900-9000 for a free consultation and case evaluation.

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102 Traffic Fatalities on Austin’s Roads in 2015

The year 2015 was a horrible year for drivers in the Austin area. Last year Austin, TX broke the record for the number of fatalities related to driving accidents with 102 traffic-related deaths. When compared to 2014 this number has nearly doubled.

 

What’s Causing The Increase In Traffic Related Deaths?

The increase in traffic accidents in the Austin area can be attributed to the increasing population in the area leading to larger amounts of people on the road and a decaying road system. As more people use Austin’s roads the risk for car accidents and fatalities increases dramatically. Many of these traffic related deaths could be attributed to driving at high speeds, the illegal use of electronic devices, poor road signage, and the lack of passageways for cyclists and pedestrians.

 

How To Remain Safe While Driving

With so much at stake, it is crucial for area residents to make the extra effort to stay safe while driving in the Austin area. Terry & Kelly, PLLC encourages all drivers to:

–  Obey all speed limits and traffic laws

–  Be aware of drivers around them

–  Avoid distractions such as texting and driving

–  Never drink and drive

–  Look twice for pedestrians, bicycle riders, and motorcycles, especially at intersections

–  Refrain from listening to the music too loud

–  Take extra precautions during rainy or icy weather

–  Keep your car properly maintained

If you or someone you know has been injured in a car accident, it’s extremely important to contact a personal injury attorney immediately in order to protect certain legal rights. If you are looking for an Austin Car Accident Attorney, contact Terry and Kelly, PLLC today at 512-900-9000 for a free consultation and case evaluation.

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