Intermodal Containers in Semi Truck Collisions

The term “Intermodal” refers to using two or more means of transporting large containers of freight. These shipping containers are filled at the beginning of their journey and are unpacked once they reach their final destination. These are the containers you see bolted to rail cars or truck trailers being transported across the country or to shipyards for international transport. Because the containers are not opened until the end, the contents are more secure and are less likely to be lost or damaged.

Using a combination of shipping methods ensures the most economical transport freight and, when diesel prices drop, shipping by truck becomes more affordable. Because of the recent affordability of gasoline, we are now seeing more intermodal containers being transported by truck and train than ever before, making our roads more dangerous.

So, why is it important to determine if a semi truck that hit you was carrying an intermodal container? If you’ve been involved in a serious truck accident, it is vital to determine whether the truck was transporting an intermodal shipping container as opposed to a standard trailer. If an intermodal container is involved, an experienced truck accident lawyer may have the ability to utilize federal motor carrier regulations, federal maritime regulations, ocean bills of lading and international maritime treaties to potentially obtain settlement amounts beyond any one carrier’s single limit.  

For instance, small trucking companies often carry only one or two million dollars in liability coverage.  In accidents where catastrophic injuries occur, this is sometimes not enough to fully compensate the injured party.  If additional sources of insurance coverage can be accessed, those sources can be vital in making up the difference between a client’s actual damages and what is available to be recovered.  

In the end, bridging that gap can make all the difference in the world.  For this reason, it is vital that information regarding the trailer is captured before it is too late.  Ordinary crash reports do not typically include a place for this information to be recorded, so you should make sure to take pictures of each side of a tractor trailer if you have been in a collision and share those with your attorney immediately.

If you have been involved in a truck accident, contact the Austin Truck Accident Attorneys at Terry & Kelly, PLLC. We will make sure that the facts surrounding your collision and injury, including any identifying information about the trailer, are recorded so that your potential recovery is maximized. Contact us at 512-900-9000 to schedule a free consultation and case evaluation.

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Austin Approves More Sky Bridges to Keep Pedestrians Safe

Traffic accidents in Austin are at an all-time high. So far this year, traffic accidents have caused 81 deaths – making 2015 one of the deadliest years on record. What’s even more troubling is that one-third of those fatalities involved pedestrians, which is double the national average. In order to prevent accidents involving pedestrians, and make our streets safer, the City of Austin has just approved the construction of 3 new sky bridges.

The University of Texas, Seton Healthcare Family and The Fairmont Austin were all granted city approval to build sky bridges over our city’s streets. Currently there are only 2 sky bridges in Austin, extending over Hartland Plaza and Lavaca Plaza, and the new bridges will help connect pedestrians to growing and highly trafficked parts of the city.

The city was in opposition to sky bridges at first because of the concern that they would take pedestrians away from crossing at street level which could affect the public’s perception of Austin being a pedestrian-friendly city. However, concerns for pedestrian safety eventually won out. The new sky bridges will not only improve safety for pedestrians but will also add a new level of convenience for residents and tourist alike.

In areas where a high volume of pedestrians cross every day, a driver who strikes a pedestrian may be considered negligent if he or she was driving carelessly or should have been able to avoid the accident using an ordinary level of care. If you or someone you know was injured in a pedestrian accident, an Austin Pedestrian Accident Attorney may be able to help you recover damages to help cover the costs of medical bills, rehabilitation, lost wages and pain and suffering. Contact Terry & Kelly, PLLC today at 512-900-9000 to schedule a free consultation.

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Don’t Eat And Drive! Top 10 Most Dangerous Foods

In our on-the-go world, multitasking while driving is common. Many drivers try to save time by eating while driving. Unfortunately, drivers who eat and drive often fail to give proper attention to their driving and can cause accidents.

Studies show that over 70% of drivers admit to eating while driving and 83% drink beverages while driving. According to the National Highway Traffic Safety Administration, the odds of an accident are increased by 80% if you eat and drive and the statistics also show that eating while driving causes more accidents than texting while driving.

The 10 most dangerous foods and beverages while driving in order, and reasons why they are dangerous, include:

• Coffee – Coffee is the most dangerous food item to have in your car while driving! Because coffee is so readily available and so popular, it is widely used. Piping hot coffee in the car is just a bad idea.
• Soups – Just like hot coffee, eating hot soup is never a good idea while driving. Now that companies are making soups available in to-go cups and bowls, hot spills and burns are a lot more likely.
• Tacos – Fast food restaurants like Taco Bell make it easy to grab a taco on the go, but this tasty food generally requires 2 hands to eat. A spilled taco can create a mess on your lap and distract you while driving.
• Chili – Anything containing chili, like a chili dog or sloppy joe, can be quite dangerous and distracting. Any food that is sloppy and hot should be kept out of the car.
• Hamburgers – If it can drip, it can make a mess in your car. As one of the most frequently consumed items in vehicles, hamburgers are extremely easy to obtain and even easier to drop.
• BBQ – A tempting as it is, try to refrain from eating Franklin Barbeque while driving home. Getting barbecue sauce all over your clothes and nice leather car seat will surely lead to distracted driving.
• Fried Chicken – Fried chicken is delicious, but better enjoyed at home. Fried chicken is greasy and that grease can easily get all over hands and your steering wheel. Reaching for napkins takes your hands off the wheel and your attention away from the road.
• Jelly/Cream-filled Donuts – As a breakfast staple, the donut often finds itself being consumed in your car. However, once that boston creme or jelly filling oozes out and gets all over your car that tasty donut can become a distraction.
• Soft Drinks – Spilling a drink, having a can or bottle fall out of the cup holder, and even the act of taking a sip can all lead to increased driver distractions. That Big Gulp isn’t so refreshing when you spill 92oz all over your lap.
• Chocolate – Chocolate is messy. It’s not really something you can spill, it isn’t extremely hot, and it if you drop your candy bar, no big deal. But when it gets all over the fingers and hands, the distraction can get dangerous.

Drivers should take caution when choosing to eat and drive, particularly when consuming foods on the list above. While eating and driving may save time, if an accident is caused in these situations, the responsible driver may be held liable.

If you’ve been involved in a car accident where you suspect the other driver was distracted while driving – whether it be through cell phone, food or some other cause – an experienced Austin car accident attorney can help you hold the driver responsible. The Austin Car Accident Attorneys at Terry & Kelly, PLLC can help you recover the damages you deserve. Contact us at 512-900-9000 to schedule a free consultation and learn how we can help.

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Child Bicycle Trailers Recalled Due to Child Injury Risk

Austin has a significant and vibrant bike culture. It’s frequently called one of the best cities in the country for cyclists because of bicycle lanes, designated bicycle routes and multi-purpose paths.  No matter where you go, you’ll often see mom or dad pulling their child in a child trailer while enjoying a bike ride. However, Burley Designs, a manufacturer of the popular child bike trailers, has issued a recall affecting seven of their models made between 2009 and 2015.

In working with the Consumer Products Safety Commission, Burley Design has voluntarily recalled 34,000 of the following child bicycle trailers:

• Burley D’Lite
• D’Lite ST
• Solo
• Solo ST
• Encore
• Cub
• Rental Cub

The trailers were recalled due to an injury risk to children riding in them. The tow-bar receiver in the affected trailers has a retaining pin that if not properly inserted through the tow bar can come apart from the bicycle that’s pulling it. Only trailers with a black plastic tow bar are affected. If you own one of the affected trailers, discontinue use and request a Safety Strap Repair Kit immediately, which Burley Design is offering at no cost to you.

These faulty trailers can cause serious injuries to the children riding in them and others on the road. If you or your child has been injured while using a Burley Design child bike trailer or if you’ve been injured while biking, please contact the Austin Personal Injury Lawyers at Terry & Kelly, PLLC immediately.

Terry & Kelly, PLLC wants to protect the safety and rights of Austin cyclists and their children. We have extensive experience representing those injured by faulty products and in bicycle accidents across the greater Austin area. If you’re seeking out an Austin personal injury attorney, don’t hesitate to contact us at 512-900-9000 for a free consultation and case evaluation.

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