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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