Small Cars Have Higher Driver Death Rates in Brownsville

The most recent analysis of driver death rates in car accidents tells us that size matters and smaller is deadlier, according to the Insurance Institute for Highway Safety (IIHS).

The IIHS says in a May 2020 report that, despite manufacturers’ efforts to make small cars safer, the smallest late-model cars and minicars accounted for 15 of the 20 models with the highest fatality rates for model year 2017. Meanwhile, larger luxury sport utility vehicles accounted for nearly half of the 20 models with the lowest death rates.

The rates include only driver deaths because all vehicles on the road have drivers, the IIHS explains. The number of deaths is derived from the federal Fatality Analysis Reporting System.

Fatal car accidents are up across the board. “The average driver death rate for all 2017 models increased to 36 deaths, compared with 30 for 2014 models,” according to the IIHS, an automotive testing organization.

The rise is consistent with a larger number of U.S. traffic fatalities over the four-year period covered by this study, compared with the previous one. From 2015 to 2018 there were 147,324 fatalities, compared with 134,905 from 2012 to 2015.”

Why Small Cars Have Higher Driver Death Rates

“Smaller vehicles offer less protection for the driver in crashes, and their lighter mass means that they take the brunt of collisions with larger vehicles,” Joe Nolan, IIHS senior vice president of vehicle research, says in the report.

A vehicle’s ability to resist forces colliding with it —its mass— is a key to damage in a collision. The more mass a vehicle has, the less impact a collision has on it. Conversely, the more mass and momentum a vehicle has, the more resistance it is to change, such as slowing down when a driver applies the brakes.

Simply put, a bigger car withstands a collision better and will cause more damage if it hits a smaller car. The force of impact in a collision increases with speed. Because of their size, smaller cars have less structural protection to protect a driver from sustaining fatal injuries in a crash.

The IIHS found that minicars have the highest overall death rate of any vehicle category with 82 fatalities per million registered vehicle years, and very large SUVs have the lowest, at 15.

Driver Death Rates by Vehicle Style and Size

The worst-performing vehicles of 20 reported and overall driver deaths per million registered vehicle years were:

• Ford Fiesta (4-door mini) – 141
• Hyundai Accent (4-door mini) – 116
• Chevrolet Sonic (4-door small) – 98
• Nissan Versa Note (small station wagon) – 96
• Fiat 500 (2-door mini) – 95

The best-performing vehicles of 20 reported each had zero driver deaths per million registered vehicle years:

• GMC Yukon XL 1500 4WD (very large SUV)
• Infiniti QX60 2WD (midsize luxury SUV)
• Land Rover Range Rover Evoque 4WD (small luxury SUV)
• Lexus NX 200t 4WD (luxury midsize SUV)
• Mercedes-Benz C-Class sedan 4WD (midsize luxury car)

Not only does size matter, but you get what you pay for because higher priced vehicles often are equipped with more safety features such as blind spot warning and lane departure alert systems.

“The overall death rates for luxury vehicles are substantially lower than the averages for nonluxury vehicles of the same sizes,” the IIHS says.

In its fatal crash statistics, Texas has seen a similar difference among SUVs and other passenger cars.

Texas Department of Transportation (TxDOT) fatal crash statistics by vehicle body style for 2019 show:

• 1,743 fatal crashes involving passenger cars
• 1,326 fatal crashes involving pickup trucks
• 1,012 fatal crashes involving SUVs

How a Brownsville Small Car Accident Lawyer Can Help

No matter the car style or size, if a fatal car accident occurs and one driver is at fault, the injured party’s survivors have a right to seek compensation for their loved one’s wrongful death. Texas civil law allows a spouse, child or parent to bring a wrongful death claim after someone else has caused the death of a family member.

The Brownsville car accident lawyers at Herrman & Herrman, P.L.L.C. can help you pursue justice so that your focus can remain on your health and your family’s recovery.

Wrongful death claims are meant to make a family financially whole after the unjust loss of a breadwinner and can involve sizable amounts of money. Unfortunately, insurance companies focus on limiting payouts and protecting their profits. Most insurers will try to pay the smallest amount possible to settle a claim.

You will need the help of a seasoned Brownsville injury attorney to have the best chance of obtaining a fair wrongful death settlement. Our experienced Brownsville attorneys will build a solid case and negotiate aggressively with the insurance company to resolve your wrongful death claim. We’ll also be prepared to present a persuasive case in court, if necessary, though most cases are settled before trial.

If you have lost a loved one in a car crash in Cameron County, Texas, contact a Brownsville injury lawyer at Herrman & Herrman, P.L.L.C. today for a free, no obligation legal consultation. Our attorneys will explore all legal options to help provide your family a secure future in Brownsville.

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When is a Hospital Responsible for Wrongful Death?

Whenever we take a loved one to the hospital, it is with the hope that they would return feeling better and alive. If for any reason, something goes wrong and we lose the loved one, we begin to ask questions.

One of the many questions we may ask is, “could the hospital be responsible for the death?”

This question leads us to make many discoveries that we may not be prepared for.

What Is Wrongful Death?

Wikipedia defines wrongful death as “a claim against a person who can be held liable for a death.” Alongside a person, an institution—such as a hospital—can also be sued for wrongful death if there is enough proof of malpractice.

When Is a Hospital Responsible for a Wrongful Death?

Physicians and nurses are majorly responsible for treatments and administration of medication to any sick person at a hospital. If the person dies wrongfully, it may be the fault of the physician and not the entire hospital. This thin line is what should guide you when asking yourself if it would be tactical to sue the hospital for Wrongful Death.

Below are some of the reasons a hospital could be responsible for a patient’s death:

1. Inadequate staffing of trained physicians and nurses at the time of death.
2. Employment of untrained/undertrained physicians, nurses and other essential staff.
3. Lack of proper safety protocols and equipment to handle cases including the one being handled at the time of death.

In some cases, it is more beneficial to sue the doctor rather than the hospital. If after critical observation, there is enough proof that the doctor is responsible for the error leading to death, your attorney would most likely suggest that the doctor be sued independently.

The medical malpractice in view may be:

1. Wrong diagnosis of ailment/condition.
2. Administration of wrong medications or error in dosage administered.
3. Neglect of the patient at any point during treatment.
4. Mistake made during surgery.

If any of the reasons mentioned above were responsible for the death, then you may as well confer with your attorney on how to go about filing a case.

Moreover, suing the hospital requires more expenses as you would have to battle with two attorneys: the attorney to the doctor and the one to the hospital. Additionally, your attorney may advice suing the doctor alone if the doctor’s medical insurance can cover for the damages incurred.

Overall, the best step to take is to speak with an attorney to assist you in making the right decision.

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Should You Replace Your Child’s Car Seat After a Crash?

Young parents in Texas dealing with all the expenses of raising a child may wonder whether it is necessary to replace a child’s car seat after a car accident.

The National Highway Traffic Safety Administration (NHTSA), which enforces vehicle safety standards to reduce injuries and deaths from motor vehicle accidents, recommends replacing a child’s car seat after a moderate or severe crash.

There’s no need to replace a child’s car seat after a minor crash, according to NHTSA. The agency defines a minor car accident as one in which ALL of the following apply:

• The vehicle could be driven away from the crash site.
• The vehicle door nearest the car seat was not damaged.
• None of the passengers in the vehicle sustained any injuries in the crash.
• The air bags did not deploy during the crash.
• The car seat shows no visible damage.

NHTSA also recommends following the car seat manufacturer’s instructions. If your child’s car seat manufacturer says to replace the seat after any crash (even a minor one), then you should do so.

If you no longer have instructional material that came with a car seat, search online with the manufacturer’s name, model name of the car seat and model number. Many manufacturers publish user manuals online. The manufacturer may also have a consumer information phone number that you can use to ask questions.

If you or your child has been injured in a car accident in the McAllen, Texas, area that someone else caused, contact a McAllen car accident attorney at Herrman & Herrman, P.L.L.C. You may be eligible to seek compensation for your medical expenses and other losses, including a damaged car seat.

Hidalgo County Car Crash Statistics

There were more than 15,300 car accidents in Hidalgo County in 2019, according to the Texas Department of Transportation. Most were minor collisions with no injuries reported. But thousands of crashes did cause injuries, and 41 fatal accidents resulted in 44 deaths.

No doubt, countless car accident injuries to young children in McAllen and Hidalgo County have been averted because the children were protected by properly installed child safety car seats and older children and adults were secured by seat belts.

Under Texas law, all children younger than 8 years old, unless taller than 4’9”, are required to be secured in the appropriate child safety seat system when they ride in a passenger vehicle. The safety seat system must be installed according to the manufacturer’s instructions.

Are Child Car Seats Safe After An Accident?

Previously, NHTSA recommended replacing a child’s car seat after any accident. However, the agency’s recommendations have been modified as described above.

An article on the Very Well Family blog refers to NHTSA guidelines and says, “Even an empty car seat that was buckled into the vehicle will experience crash forces. The force of the car seat moving forward and being held back by the lower anchor strap or tether strap can cause damage that may be invisible but might keep the car seat from doing its job if you’re in another crash.”

It quotes the user manual for the Graco Snug Ride Classic Connect 35 infant car seat, which says, “Replace the infant restraint and base after an accident of any kind. An accident can cause damage to the infant restraint that you may not be able to see.”

Many other car seat manufacturers refer to the five NHTSA criteria that we have listed above for determining whether you should continue to use a car seat after a crash.

The article says NHTSA’s guidelines were changed because the expense of a new car seat caused some parents to replace theirs by buying a used child seat. There is no way to tell whether such a seat is damaged. This includes local car seat inspections, such as those offered by the Texas Department of Public Safety or the City of McAllen’s Traffic Operations department.

Local car seat inspections offered to the public can help you make sure a car seat is installed correctly, but no one can look at your car seat and certify that it remains safe to use after a crash.

Some car insurance companies will reimburse policyholders for some or all of the cost of a new car seat after an accident. Ask about this when you report the accident to your insurer.

What To Do After A McAllen Car Accident With A Child In The Vehicle

If your child is in the car with you and you get into an accident, your first instinct will be to check on your child’s health.

Most young children will cry in the immediate aftermath of a car accident. However, this is not necessarily a sign of injury. You should try to comfort your child and check for signs of injury, but not immediately remove him or her from the car seat. The restraints and structure of the car seat may stabilize certain injuries.

Unless it is necessary to avoid further danger, you should wait for an emergency responder to remove a child from their car seat following an accident.

Once EMTs are on the scene, follow their advice about going to the emergency room. If you do not go to the hospital right away, you should both see a doctor within 24 hours to ensure that you have not been injured. There are serious injuries a doctor may identify, including traumatic brain injury, that do not exhibit symptoms right away.

As you await help, there are other steps to take after a car accident in Texas.

How Our McAllen Car Accident Attorneys Can Help

Our McAllen car accident lawyers help individuals and families seek compensation after serious accidents that some other person or entity has caused. Our attorneys at Herrman & Herrman have successfully resolved thousands of cases, mostly through aggressive negotiations with insurance companies.

If you do not have an attorney’s assistance, an auto insurance company will try to pay you less than you deserve for a car accident claim, especially a claim that involves serious injury. Greg Herrman and the car accident attorneys at Herrman & Herrman, P.L.L.C. will seek justice for you. If you have been seriously injured in a car accident that was not your fault in the McAllen, TX, area, contact Herrman & Herrman at (361) 882-4357 or online for a free, no-obligation legal consultation today.

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Bicycle Laws in Texas

Cycling can be dangerous, especially when riding alongside cars, buses on the public roadways. In Texas, there are rules of the road that guide bicycle riders to avoid bicycle accidents. These rules are from the Texas Transportation Code and it expects every bicycle rider in Texas to operate under these statutes while on public roadways which includes the basics like obeying the traffic signs, conceding to pedestrians, riding alongside vehicular traffic. It is in your best interest to obey these laws.

The bicycle laws traffic in Texas is as follows;

1. Bicycles should only be on roads streets, routes allowed for cycling.
2. Do not ride a bicycle into its parking space. It is expected that you get off the bike upon arrival to the bicycle rack and walk it to the available space
3. In a mixed path, bicycle riders should ride through the road with caution and should always give a notable sign of passing to other individuals on the road.
4. A bicycle rider moving slower than other transportation means on the road is expected to ride close to the edge of the road. However, a cyclist can take full travel lane when:
5. The cyclist is moving alongside vehicular traffic
6. It is unsafe for the cyclist to ride close to the edge of the roadway
7. The travel lane is not standard i.e. has a width of fewer than 4.3 meters and it has no allotted lane for a bicycle.
8. The cyclist wants to move to a driveway
9. Cyclists may ride two abreast on the roadway. However, they should ride in a single lane on a laned road and should not affect normal traffic on the road. Cyclists who might want to ride more than two abreast should do so on a lane allowed for bicycle riding.
10. A cyclist should not carry more than the number of persons it was designed to carry.
11. A cyclist should not carry an item that prevents the person from keeping at least one hand on the handle.
12. A cyclist should not attach their bicycle to a vehicle on the roadway.
13. A cyclist should use hand signals to indicate turns and stops.
14. To turn left, cyclists should raise left hand horizontally
15. To turn right, cyclists should raise right hand horizontally
16. To stop, cyclists should extend left hand downward
17. Every bicycle should be equipped with a very efficient brake.
18. A cyclist may not ride at night unless their bike has a headlamp that can emit white light and red lamps on the front and back respectively and that is visible from at least 500 feet.

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Tesla Autopilot Deaths in 2020

Self-driving cars are more than luxuries for drivers because these futuristic features are designed to give lots of comfort while on a long-distance drive. Advertising freedom and the fun of sitting behind the wheel without getting too involved in the driving. All you need to do is turn the wheel in a different direction and Tesla has taken a huge move with promises of “better than the average driver” kind of autopilot. But on the contrary, there has been an alarm with the increasing fatality of car crashes as a result of tesla autopilot features in cars.

As scary as this looks it is still important to know them. Below is a quick overview of the crash occurrences so far in 2020.

1. A 38-year-old Apple software engineer with the name Walter Huang was killed in Tesla autopilot crash around Silicon Valley. Though investigations later discovered that the engineer and game developer was playing a video game while the car was in motion. This, of course, raises a concern that drivers should be vigilante irrespective of the autopilot function of the car.
2.  In California, a Tesla Model S sedan drifted off a freeway in Gardena at a great speed and rammed into a Honda Civic, leading into the death of two people.
3. What happens to be a day of misery in the country had Tesla model 3 running into a stationary firetruck in Indiana resulting in the death of the driver. This happened on the same day with the California crash, too many deaths for a day, you will think.
4. But tragedy struck again in Ohio when a driver with the name Samuel Marino skidded off the southeast of Tony Blair road in his 2019 gray colored Tesla Model 3 and ended dead on a tree.
5. And Pleasanton, California again grieves over the death of a driver who appeared to have lost control of his Tesla S model and ran into traffic signage, resulting in a car explosion that claimed his life.
6. But the worst of its kind is the heart-wrenching death of a dad Mike Cochlin and his two sons Liam and Quinn while traveling up north. The event occurred as he was approaching the south of Kamloops, apparently lost control of his Tesla, and drove over a cliff.
7. Recently on the 2^nd of April, a road in Taiwan also recorded an unfortunate headline of a Tesla Model 3 rolling over a road and bursting into flames, killing the driver instantly.

This has led to many, thinking that the need for exotic features in cars remains a lauded achievement, but unfortunately, these sad tales are heard. Notwithstanding, The National Transport and Safety Board (NTSB) are constantly undertaking investigations to ascertain the true causes of these numerous crashes.

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How Car Accident Fault is Determined in Texas

Car accidents have claimed the lives of many in Texas and resulted in the damage of many vehicles. While this has become very alarming, deciding whose at fault sometimes gets very difficult. A preponderance of the evidence is the legal standard that is employed in determining fault in a car accident. This preponderance of the evidence is largely based on three major elements and they are:

Breach of Duty of Care

Drivers owe a duty of care to other drivers and road users. At every point there is an accident, a breach of this duty of care is considered. The defaulter i.e. the person who breaches the duty of care is identified either by action or inaction. This could be caused by failure to maintain the required distancing or speed limit while driving.

The Cause in Fact

To determine whose fault an accident is in Texas, it must be proven that the direct action of the driver was responsible for the accident. The cause-in-fact is determined by the ‘but-for’ test.

The Proximate Cause

To determine car accident fault in Texas, attention is paid to the proximate cause. This means that injuries sustained by victims of the car accident are foreseeable by the driver in question.

In Texas, when there is an auto accident, recourse is made to the traffic laws and safety standards in determining damages to be awarded. To achieve this, Texas uses a ‘Comparative Fault Standard’ to apportion faults and award damages. This brings to mind the question – ‘what is a comparative standard fault?’ A comparative standard fault sometimes referred to as ‘proportionate responsibility’ means that the cause of the accident is determined by the attitudes of both drivers. Where there are more than two drivers, the attitudes of all drivers are considered in apportioning fault, measuring, and awarding damages.

Texas, in determining car accident fault also makes use of the 51% bar rule. This rule states that where a person is discovered to be 51% or more at fault for the accident, he/she may not be entitled to damages. This goes further to explain proximate causes as it has been provided above. A driver who because of being drunk crashes another car is liable for the accident. This is because the outcome is a foreseeable consequence of drunk driving.

To make determining fault in a car accident easier, it is important that the situation is immediately assessed and the facts comprehensively recorded. Pictures should be taken if possible and the police should be notified immediately.

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What Causes a Traumatic Brain Injury? (TBI)

Every year millions of people are diagnosed with traumatic brain injuries. It could be caused as a result of stroke, severe illness, or a bad fall, but the most common cause of traumatic brain injury is caused by an accident. However, notwithstanding the cause of traumatic brain injury, it is still a deadly injury.

What is a traumatic brain injury?

The traumatic brain injury is a heavy blow on the head that leads to bleeding or fracture on the skull. When this happens, the victim might feel dizzy, nauseous, or in most cases, a concussion might occur which can cause the victim to go into a coma. However, below are several types of accidents that cause traumatic brain injury and how it happens;

Car accidents

When two vehicles crash together, the cars stop abruptly, and this causes the victims to be thrown into different directions. The individuals involved will hit their head on the dashboard, steering, window, or any hard object in the car as a result of the force of the crash. This way the victim’s brain will be affected and it leads to traumatic brain damage.

Motorcycle and bicycle accidents

Motorcycle and bicycle have the highest risk of brain damage because it exposes the victim to anything that can harm them. When the rider is on high speed and gets into an accident the rider might have a hard fall and hit his head on a pavement or any dangerous object on the road.

Fall

A person can slip and fall even in their very homes and it could be a dangerous fall that makes them hit their head on a hard object. It could be in the bathroom or somewhere around the house which can lead to traumatic brain injury. When a person slips, the person is taken aback and is left at the mercy of the floor, this accident is most common amongst children and aged people and it can be terrible. If the fall is severe then no one can tell how dangerous the outcome will be.

 

Traumatic brain injury is terrible because it could lead to brain loss or death. Such an accident isn’t one that a person prays for, it just happens and if you find yourself in such a situation, it’s best to visit a medical practitioner that specializes in brain damage. However, it is good to take precautions while driving, even though it doesn’t completely rule out the case of brain injury, it protects you a little.

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TX Highway Driving Tips

Even the most experienced drivers still feel that little panic when it comes to traveling on highways. If you interview random drivers, their major concern is usually how to adapt to the flow of traffic on the highways. While some others simply fidget at the thought of taking in all the signs, lane switch, overtaking, etc.

Notwithstanding, there’s always a way out. Here are some tips to get you safely through highways and in no time, you will be cruising seamlessly.

Always merge at the highway speed

Everyone always advises that you merge at the highway speed; that is true. But the question is how do you determine what the highway speed is before merging? More often than not, you are likely to be at a lower speed. Therefore, you need to carefully observe the highway speed from a few kilometers away before accelerating to catch up with it. However, this won’t apply if the highway speed and the flow of traffic are wide apart.

Skilfully read and interpret highway signs

This may be a bit difficult at the beginning, but it will keep saving you throughout your lifetime. Learn what each of the highway sign represents and also understand them. You don’t want to lose concentration trying to interpret a sign on the go – it can be quite distracting and will reduce your confidence.

Never lose sight of your mirrors and blind spots

Your mirrors are your three-eyed ravens so use them often. Driving on the highway requires that you stay in touch with what’s happening in your 360. And quick shoulder checks will keep you in touch with your blind spots. Just make sure you are aware of everything going on around your car.

Maintain about 5 seconds following distance

This will give you enough time to brake or react properly to anything happening in front of you. In case you are not sure how to monitor your following distance, simply count the time difference between when the vehicle in from of you passes a milestone (light pole, billboard, etc) and when your vehicle does the same.

Plan your exist ahead of time; use your signal

It’s very risky to keep everyone on the highway in the dark as to what your moves are. If accidents occur because you switched 5 lanes at the same time, the ripple effect will be more fatal than what you can envision. Use your signal all the time and stay as close as possible to your exit plane.

 

Driving can be fun when you’re confident that you’re doing everything right. So take the time to master the tips and hit the road without looking back.

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How Car Seats Can Save a Child’s Life

Automobile accidents cause many injuries & deaths every year. Of course, accidents are never planned, but it is something that occurs either through the recklessness of another driver or at your own fault. Whichever way, children need to be protected from death or severe injuries during a car crash. In other to protect little ones, parents are advised to use car seats so their young can be as safe as possible.

What is a car seat?

A car seat is a seat that you put in your car for your child, the car seat acts as a restraint for your child in case of car accidents or if the car suddenly stops. Research has made us understand that car seats have reduced the rate of injuries in toddlers and infants by 80%, hence, it is important to have it in your car. Furthermore, using car seats has become a law in the United States because they have realized how safe using a car seat can be. Most people might be wondering how an ordinary car seat can save lives, however, read further and you will find answers;

How car seats save lives

For your car seats to work effectively, you should be aware that it comes in different kinds, with different specifications to meet the need of every child. For instance, a toddler can use a five-point harness seat comfortably, but a child who is five years and above will be better off in a booster seat.

If your child is well restrained in their car seat, the child will be protected against injuries if anything happens. When a car crashes into another car or crashes into something else it forces everyone in the car to move into any direction the car crashes into, and if a child happens to be in the car without a car seat, the child can be thrown out of the car window or sustain a severe injury, and if the accident is serious, it might lead to death.

However, if your child is well tucked in his/her car seat, the injury the child might sustain will likely be little to nothing.

Children tend to be at higher risks when they are involved in a car accident due to their small and tender body and coupled with the fact that they hardly stay put in the car. Hence, it is of utmost importance to properly restrain them in their car seats to prevent fatal damage.

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Hit By A Company Vehicle? — Here’s What To Do!

Getting involved in a car accident is never what anyone dreams for, but sadly, it happens. When the accident is caused by a company’s vehicle, the next concern if the victim survives the crash is, who takes responsibility for the cost? Is it the driver or the company he works for? These are the usual questions that beg for answers, and everyone must know these little tricky issues. So, if you unavoidably meet with a car injury you will know your rights as well as how to press for compensations.

So, what to do if you get injured by a company vehicle.

• First, allow your mind to be at rest knowing that the driver is a representative of that company and you are right to guess that the company is insured. In addition to that, the law recognizes the driver or the employee as a representative of the company which means the company has no other choice than to bear the brunt of any tragedy caused by their employee.
• Once the accident is reported, the company’s immediate action is to investigate the state of the damage/injury and ascertain the cause. If it is a company that priorities its reputation, the investigation will only take a couple of hours to get rid of a possible mess.
• However, the company’s attorney will handle the matter with thorough investigations to prove the possible causes like driver’s negligence, poor supervision on the part of the employer. Other instances where the employer may be found liable for contributory causes include: Negligent hiring culture, poor driver’s training, and poor vehicle maintenance.
• The driver is equally liable if he is proven to have used the company’s car for his personal purposes at the time of the mishap. Even when the driver is guilty, the employer is not exonerated because the law will fault his poor supervision and failure to monitor the driver’s records. Whatever the case, the company will take care of the victim’s health wages and pay for other damages.

For the victim.

• If you get hit by a company truck, call 911 and get immediate medical attention, they will also help you file your report.
• If you are not too bad, you can take photographs of the scene and document your details. Because some companies may quickly find a way of cleaning possible pieces of evidence against them.
• Refuse to say a word to anyone, especially the company’s claim adjuster who may work against your favor.
• Get in touch with a commercial car accident attorney who will protect your rights and help you get your due compensations.

In summary, if you ever get injured by a company truck or any kind of vehicle, you have the right to press for claims, but you need to follow these smart steps while healing your injuries.

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