The Kipness Law Firm, P.C

Gladys Barrientos, a 21 year old woman from DeSoto, Texas was killed in a car accident on Friday, February 5, 2010.   Her vehicle collided with a Chevy Tahoe driven by a man that was avoiding a traffic stop for a defective headlight.

The Chevy Tahoe driver, while driving away from a Duncanville police officer, was driving south on Duncanville Road.  He collided into the white Honda Civic being driven by Gladys Barrientos, which was turning left in front of the Chevy Tahoe.  Ms. Barrientos was taken to Charlton Methodist Hospital, where she died.

The other driver has not been identified but may be facing criminal charges and could also face a civil personal injury suit for causing the wrongful death of Ms. Barrientos.

If you take prescription or non-prescription over-the-counter drugs or alcohol while driving, you can be in trouble. According to the law, anyone under the effect of drugs found driving or being in charge of a vehicle may have to go to court. Whether you have been advised these drugs by your doctor or health consultant, driving under their influence means you are breaking the law.

Traffic authorities are given the power to check any one for a random drug test, especially those who are found to be suspicious. This can include the way a person is driving the car and physical signs and performance of the driver. Normally, the police carry out a random drug test by taking a sample of the drivers saliva and checking it for levels of cannabis, MDMA or ecstasy and methylamphetamine or ICE. Any non-zero levels of these three drugs mean the driver is breaking the law. Currently, the saliva test can only detect levels of these three drugs, and the police can take a blood test or urine sample at any point if they feel that the driver is under influence of some other drug such as alcohol. A breathalyser can also be carried out to find if the driver has any alcohol in his system. However, for alcohol, the threshold level for drug in the blood is safe anywhere between zero and 0.05, and blood alcohol levels or BAC higher than this can cause trouble for the driver. This threshold limit can be changed by the law anytime, as deemed appropriate. A prosecution drug recognition expert can also be used as a testimony against the driver.

When a person is under the influence of drugs, whether it is alcohol, an addictive drug, prescription drug or over-the-counter drug, his or her mental or physical capacity of being able to work properly and comprehend things can become impaired. Driving under the influence of drugs, also known as DUI, or driving while impaired or intoxicated or DWI can become a problem not only for the driver, but for other passengers riding in the vehicle and also for the passerbyes. A drug can be categorized as just anything which affects a person’s mental or physical capability, whether it is a cold medicine, pills of coffee or caffeine etc. According to the definition used in California, “A drug is anything capable of affecting the nervous system, brain or muscles of an individual as to impair, to an appreciable degree, his or her ability to drive a vehicle in the manner that any ordinarily prudent and cautious person, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.” If you or someone you know has been charged for DUI, you will need to consult a specialized DUI lawyer or a DUI attorney, who has qualified DUI Laws. A lawyer not specialized in this field may not be able to defend you as it takes real know-how to handle cases accused with DUI.

According to definition, DUI includes driving under the influence of alcohol, including driving while intoxicated, drunk driving, operating a vehicle under the influence of drugs, where as a vehicle can include anything from bicycle, boat, airplane, to wheelchair, tractor or horse. In most counties and states of America, DUI and DWI are considered a criminal offense and are dealt with severe charges. It is a serious health hazard and causes 39% of vehicle related deaths each year. Most courts will disqualify the accused of holding or obtaining a driver’s license for a specific period of time, whereas in serious cases, the charges can be severe. These charges can include a fine, appointment of a community service or even prison. The court also takes away the right of eligibility to apply for a work licence and if the driver is convicted with a serious offence of driving or being in charge of a vehicle while under the influence of a drug.

Some states may have the same punishment for DUI drug cases and DUI alcohol cases. However, in states where the punishments are different, it is important to hire a DUI Laws lawyer who can relieve some of the harsher punishments imposed by law. Whether you have been accused of drunk driving DUI, DWI or driving while impaired or intoxicated, DUII or driving under the influence of intoxicants, OUI or operating under the influence of drugs, OUIL or operating under the influence of liquor, MVI or operating a motor vehicle while impaired or simply accused of reckless driving while drunk, a knowledgeable and skilled defence DUI lawyer should be consulted. Do not waste time with inexperienced lawyers, as your driver’s license can be cancelled. Consulting a skilled criminal defense lawyer who concentrated on DUI and DWI defense should be your first choice to save yourself from a lot of trouble.

Safety advocates, such as the National Safety Insitute and the Department of Transportation announced the creation of FocusDriven, which is a organization dedicated to creating public awareness about the dangers of talking on cell phones or texting when driving.

The organization is patterned after M.A.D.D. and will lobby states for tougher laws for texting and cell phone use in cars.   Nineteen states and D.C. have banned texting when driving a car and restricted cell phone use.  

Focus Driven will be lead by Jennifer Smith, a daughter whose mother was killed by a driver talking on his cell phone.

The minimum amount of auto liability insurance in Texas to cover a car accident is:

• $25,000 for a single death or injury;
• $50,000 for death or injury to more than one person; and
• $25,000 for property damage

Failure to carry auto insurance can result in the suspension of your driver’s license.

If you move to Texas, you need to confirm your auto insurance company will still cover you.  If you are involved in a car accident, you must report the accident to the police if:

• more than $500 of property damage was done to a car or
• if anyone is injured, no matter how seriously

Each driver must make a report to the Texas DPS.  If a law enforcement officer investigates the car accident, the officer’s report will take care of this filing requirement. 

You should purchase as much insurance as you can afford.  Many personal injury and wrongful death cases involving car accidents are worth more than the policy limits.  You may be personally responsible for any personal injury cases if the jury returns a verdict above your policy limits.

In 2008, 263 people were killed in car accidents with trains.  You are 40 times more likely to die in a car accident with a train than an accident with another car. 

Almost half of all car accidents at railroad crossings occur at crossings that do not have safety equipment such as flashing lights, automatic gates.  Trains, due to their size and weight, need more time and distance to stop than a car.  A train traveling 50 mph needs 1 1/2 miles to stop.

Car and train accidents can be avoided by doing the following:

1. Cross tracks at designated crossings
2. Do not walk, run, cycle or ride ATVs on the railroad track
3. If your car stalls on a railroad crossing, get out immediately and call the police
4. Watch for a second train if you are crossing multiple railroad tracks
5. Do not race a train to a railroad crossing
6. Do not drive around or under lowered railroad gate
7. Approach railroad intersection, like all intersections, with care and be ready to yield to the train
8. Expect trains to run day and night and at anytime

To cross a railroad intersection safely, you should:

1. Stop well away from the tracks
2. Observe all warning devices and determine if lights, bells, or gates have been activated to indicate an approaching train
3. If warning devices are not on, still look in both directions
4. Listen for warning sounds such as train whistles or horns
5. If you see a train coming, stop and do not cross the tracks until the train has passed
6. Once it is safe, cross without delay and never stop on a railroad track

When driving a car, you need to be appear of the different rules that apply to trucks that are traveling near you.  To reduce the chance of a Dallas truck accident, be familiar with a truck’s capablities and how it moves.

You should never pull in front of a truck and suddenly stop or slow down.  Trucks, due to more weight, require more time and distance to slow down.  A car traveling at 50 mph can stop in 230 feet but a large truck requires 400 feet at the same speed.

Because trucks are longer, they require a longer parth to make a turn.  This is why trucks and 18 wheelers swing out left before making a right turn.  When behind a large truck, if it signals for a turn, slown down and look at its signals because a right turn signal may require the truck to turn left first.

One should also be aware of a truck’s blindspots.  Car drivers wrongly assume a trucker can see the road better because it is higher on the road.  Trucks have serious blind spots and a car can get lost in the blind spot.  If you cannot see the truck driver, assume you are in a blindspot and he cannot see you..

Trucks cannot move the same as cars.  They require longer stopping and starting distances and need more space to turn.  Common car driver mistakes that lead to truck accident, injuries, and even death are:

1. Cutting off a truck to reach an exit or make a turn (Do not speed up to pass a truck)
2. Driving alongside a truck when passing in slow manner (Move ahead of truck after passing it)
3. Tailgating (truck driver cannot see you and leaves no space in the even the truck must stop)
4. Underestimating size and power of a truck (Do not think truck is traveling at slower speed)

Knowing these rules should help a driver avoid truck accidents.