The Kipness Law Firm, P.C

It is important to take precautions when driving in difficult conditions.  Driving should be adjusted according to weather and traffic conditions.  Driving under the speed limit is not enough.  One should always keep a safe distance from the car in front of you.  The faster you go, the more distance there should be.  You should drive slower when the road is crowded, when the roads are wet, or your vision is limited due to darkness or bad weather.  Remember to turn on your lights in these conditions.

When visibility is poor, use your lights.  It helps other drivers see your car. 

You should do the following when driving in the fog, which is the most dangerous driving hazard:

1. Think about how far you can see and how long it will take to stop;
2. Increase your following distance;
3. Keep an eye on your speedometer;
4. Turn on your fog [low beam] lights so others can see you [do not turn on your high beams which will cause glare];
5. Use the right edge of the road as a guide not the center line, which is closer to oncoming traffic;
6. Use wipers and defroster;
7. Never drive with the parking lights on; and
8. Consider postponing your driving trip or pull off the road until conditions improve

You should do the following when driving in the dark:

1. Drive slower than you would in the daytime;
2. Make sure you can stop within the distance of your headlights;
3. Turn on your lights if you cannot see 1000 feet ahead;
4. Turn on your lights 30 minutes before sunset and 30 minutes after sunrise;
5. Don’t look directly into oncoming headlights.
6. If driving in rain, use lowbeam lights and never drive with parking lights on;
7. Dim headlights or use the low beams when approaching another vehicle,
8. Use high beams or bright lights if driving in open country an no other vehicles are around

You should do the following when driving in snow:

1. If you cannot see more than 100 feet, do not drive faster than 30 mph;
2. Be prepared to stop to clean windshield, headlights, or taillights;
3. Improve traction by using snow tires or tire chains;
4. Slow down at first sign of drizzle or snow because road pavements are slippery due to oil;
5. Turn low beam headlights on not your bright lights;
6. Pull over and stop if you cannot see the edges of the road or other vehicles

Driving in bad conditions requires you to keep a space cushion around you.   Space gives you time to react to a hazard or accident on the road.

According to the NHTSA in 2007, drivers with blood alcohol concentrations of 0.08% or more were involved in 32% of Texas wrongful death car accidents.  Driving with blood alcohol at 0.08% or higher is illegal.  However, blood alcohol concentrations lower than this amount does mean it is safe to drive.  Drivers who drink and drive are twice as likely to have an auto accident, even if they have a blood alcohol concentration less than the legal limit.

Alcohol’s effect depends on body size and the same amount of alcohol can affect persons differently even if they are the same size.  Alcohol use affects the brain, liver, heart, stomach and can cause a driver to become sleepy.  Drinking is the same: 1 beer = 1 glass of wine = 1 shot of liquor.

Drunk driver accident statistics are scary.  In 2007, there were 12,998 drunk driver accidents in the U.S., which equals a drunk driver accident causing death every 40 minutes.  278,000 received personal injuries in drunk driver accidents, which equals one personal injury every 2 minutes.  Regarding children age 14 and under, 1670 were killed in drunk driver accidents and half of these children were passengers of drunk drivers.

How does alcohol affect the body and impair your ability to drive?  It causes depression, increases aggression and affects one’s ability to control emotions, concentrate, and remember.  Alcohol affects a person’s ability to have visual perception, coordination, judgment, and quick reaction time.

The only thing that will remove alcohol from your body is time.  Coffee, cold showers, or food does not reduce the amount of alcohol concentration in your body.  It is recommended you wait 1 hour for every drink you have before driving.   Getting charged with a DWI can lead to fines, jail time, license suspension and a civil lawsuit for causing personal injuries and wrongful death.  It is illegal to drive when under the influence of alcohol, illegal drugs and some over the counter medicines such as cold medicines and antihistamines.

First time convictions for drunk driving and DWI convictions can include:

1. 72 hours to 6 months in jail;
2. fines up to $2000;
3. license suspension for 90 days to 1 year;
4. 24 to 100 hours of community service;
5. payment of $20 to $40 monthly supervisory fees

Second time convictions for drunk driving and DWI convictions include:

1. one year automatic liscense suspension (if first conviction is 5 years or less);
2. ignition interlock is installed on vehicle;
3. during license suspension, you cannot get an occupational license;
4. fines up to $4000;
5. up to 80 hours of community service; and
6. $25 to $40 monthly supervisor fees.

If you get a third conviction, it is a felony conviction.

In Dallas, Texas and anywhere in the U.S., driving behavior and physical conditions can lead to personal injury causing car accidents and even wrongful death.

Good driving habits can prevent Dallas car accident injuries and deaths.  Examples of good driving habits are:

1. Making your sure your left foot is on the foot rest, not the pedals;
2. Wearing seat belt and setting your windows and seat position;
3. Staying away from accident causing problems when driving;
4. Keeping good seperation from other vehicles;
5. Being able to stop in the distance you can see ahead;
6. Driving appropriately based on weather and traffic conditons;
7. Reading and understanding the street signs
8. Knowing what is ahead of you on the road;
9. Knowing what is in your blind spots
10. Not changing gears until after you have slowed down

Examples of bad driving habits that can lead to accidents in Dallas and the State of Texas are:

1. Driving at unsafe speeds;
2. Aggressive Driving and discourtesy to other drivers; 
3. Risky Driving;
4. Losing control of vehicle;
5. Ignoring traffic laws;
6. Poor vehicle maintenance;
7. Not using mirrors;
8. Eating and talking on the phone;
9. Allowing emotions to interfere with driving when you are upset;

Your physical conditon can affect your ability to drive and bad physical conditions may lead to car accidents that cause personal injuries.   Examples include: fatigue, stress, aging, poor vision, diabetes, heart problems and epilepsy.  If you have a condition that may affect your driving, discuss it with your doctor.  Get your vision and hearing checked and notify the Texas Department of Public Safety.   People over 65 should adjust their driving habits by slowing down and increasing the space around your car.  Try to take routes with less traffic and noise and make sure you understand how any medications you take can affect your driving.

Driving fatigued slows reaction time, decreases awareness and impairs judgment.  Many wrongful death single car accidents at night occur because of fatigue.  Signs and symptoms of driving while fatigued include: inability to keep eyes open and focus; inability to keep head up; daydreaming; frequent yawning; tailgating; drifting from lane to lane; drifting off the road; missing signs and exits.  If you notice these symptoms, exit the road and take a nap.

To prevent fatigue related car accidents, you should: change radio stations; turn up the volume; open the windows, turn air conditioning on high; avoid fixating on object in the road and allow ample space between you and other cars.  You should also drive during the time you are normally awake.   When on long road trips, you should drive no more than 8 hours per day, stop and stretch every 100 miles or 2 hours, check your rearview mirror and look at different objects on the road.

Stress causes many car accidents. Stress leads to aggressive driving, poor concentration, and bad decision making.  Driving in a rush increases your stress.  Is it worth it to strive stressed out and get to your destination 5 minutes earlier?  No.  In saving five minutes, you might have caused an accident, broken the law or decreased your field of vision.

Also, you need to remember that medication can affect your ability to drive.  Ths includes over the counter and prescription medications.  Make sure your read the medication directions carefully.  If you are taking medications that can affect your driving and a police officer stops you, you can be charged with a DUI and face fines, jail sentences and suspension of driver’s liscense.  Illegal drugs and alcohol are not the only substances that can lead to DUI charges.

Reading these statistics can make one aware of just how dangerous auto accidents are and how many accidents can inflict people with personal injuries and loss of loved ones due to wrongful death.

They also help indentify the main cause of car accidents in Dallas, Texas and throughout the U.S.   Even people not driving a car can be affected by dangerous driving.

According to the National Highway Safety Administration (NHTSA) in the year 2007:

1. 41,059 people died in auto accident crashes in the U.S.;
2. 112 people died each day in car accident crashes, which is one person every 13 minutes;
3. 2,491,000 sustained personal injuries from auto accidents;
4. Car accidents were the leading cause of death for ages 3 to 6 and 8 to 34;
5. 74% of auto accident deaths involved occupants, 13% of car accident deaths involved motorcycle accidents, and the remaining 13% of car accident deaths involved bicycle accidents and pedestrian accidents;
6. Auto accidents had a economic cost of $230.6 billion dollars of which $40.4 billion was attributed to speeding related auto accidents, which lead to the loss of 13,040 lives;
7. 11,889 lives were saved in auto accidents because safety belts were used;
8. Men were involved in three times more wrongful death accidents than women
9. Older drivers (over age of 65) caused: 14% of traffic deaths; 14% of deaths in cars; and 19% of pedestrian accident deaths [This accidents are caused by diminished reflexes and limited sensory abilities]

According to the NHTA in Texas during 2007:

1. 3363 people were killed in car accidents in Texas;
2. 3 people died every six hours in auto accidents in Texas;
3. 1343 people were killed in auto accident in Texas due to speeding
4. Five leading cause of car accident deaths in Texas were: (a) speeding under or over the speed limit; (b) drivers failed to yield right of way; (c) driving under influence of alcohol or drugs; (d) disregarding stop and go signals/signs; and (e) following too closely.

I recently took a defensive driving course for a speeding ticket.   I thought I would know most of this information because I have been driving for over twenty years.  I was surpised to learn how much I had forgotten and how some of my driving habits could cause a car accident.

The course taught me that are two primary reasons for bad driving that can lead to car accidents and personal injuries.

The first category is bad driving behavior.  This can include: (1) drinking and driving; (2) talking on a cell phone; (3) ignoring driving rules and laws; (4) ignorning traffic signs; and (5) driving while tired.  The second category for bad driving that can lead to car accients is bad reactions in dangerous driving environments.  This can include: (1) driving in the rain or snow; (2) driving on ice or in the dark; (3) driving in heavy traffic conditions; and (4) driving in the city, which is different than driving in the countryside.