Even if your car wreck injury is only a result of careless driving on the part of the other driver, (and not a DWI, DUI, hit and run or other criminal offense), that driver’s insurance company may still be responsible for your medical bills, lost wages, rental car, pain and suffering.  The insurance company will do whatever it takes to delay your claim.

It’s critical to let the right auto accident attorneys on your side for the following reason:

1. Experienced car wreck lawyers know the law, what victims of auto accidents legally deserve, and what the insurance company is required to provide.
2. Auto accident attorneys can help victims complete and file all paperwork.
3. Often there’s a lot of complicated language in claims that is intentionally confusing.  The right auto accident attorney knows how to translate insurance jargon into plain English.
4. The right attorney will work with you throughout a trial or until a settlement is reached.
5. Most good auto accident attorneys offer a free consultation, and require no money up front.

Click here for a video of Angel Reyes discussing Car Wrecks on WFAA.

Lexus may have to change their slogan, as “The Relentless Pursuit of Perfection” seems absurd in light of recent events.  Consumer Reports really did a number on the 2010 Lexus GX 460 with its video showing it skidding sideways.  Boldly, the magazine also denounced it for being unsafe.  Toyota, the Lexus manufacturer, recalled 9,400 GX 460 models for reprogramming of their stability control systems.
 
This isn’t the first time an SUV has come under scrutiny.  Contrary to popular belief, SUVs are not safer vehicles to drive due to potential rollover hazards.  Auto manufacturers have great PR and advertising agencies which are proficient at spewing propaganda about SUV convenience and safety.  But for 30 years, safety tests have proven SUVs not only guzzle gas, they endanger lives. Maybe soon we’ll all be driving Smart Cars.  Or maybe not.  Before you buy your next vehicle, check out Consumer Reports on vehicles with high safety standards and fuel efficiency.
 
See the full Wall Street Journal by selecting "CONTINUE READING" below.

Toyota Motor Corp.'s latest recall has put the issue of sport-utility vehicle rollovers back on the front burner.

A video released earlier this month by Consumer Reports showed a 2010 Lexus GX 460 skidding sideways during a handling test. In an unusual move, the magazine then declared that the Toyota-built SUV wasn't safe to buy. Toyota immediately halted sales of the vehicle and, on Monday, recalled all 9,400 GX 460s to reprogram their stability-control systems so that they kick in more quickly to prevent dangerous sideways skids.

Affected Models

Despite this latest setback for Toyota's image, SUVs have actually been getting much safer in recent years, thanks to more-advanced technology, improved designs and tougher testing. A decade ago, Toyota's relatively low-cost Lexus fix probably wouldn't have been available. It is today because consumer demand, government pressure and attitudes among auto makers toward safety technology have all changed—and consumers are better off.

The Lexus GX is an old-school sport-utility vehicle, built on a truck frame. This architecture affords a commanding view of the road, high ground clearance and the capability to haul a 6,500-pound boat or utility trailer. The tradeoff is that such vehicles can be more prone to flipping over in certain maneuvers than a conventional sedan.

But the Lexus GX and similar SUVs, such as the Ford Explorer and Hummer H3, are members of a dying breed. Auto makers have been applying a significant amount of money and technology to reducing SUV rollover risks, and in the process evolving most of what are sold as SUVs into vehicles that are more like big cars than pickup trucks.

The SUV industry takes another hit with Toyota forced to recall its 2010 Lexus GX460. WSJ's Joseph B. White reports on the safety test by Consumer Reports that found the vehicle was at risk of rolling.

On top of that fundamental change, auto makers have equipped SUVs with electronic stability control, and increasingly, airbags that deploy along the side windows to reduce the chances that occupants will be thrown from a tumbling vehicle.

The mainstreaming of this technology has coincided with a decline in SUV rollover fatalities—but not a dramatic one. Deaths linked to SUV rollover accidents peaked in 2004 at 2,929, according to government figures. In 2008, deaths in SUV rollover accidents declined to 2,414. In both years, SUV rollover deaths amounted to about 9% of all occupants killed in vehicle accidents.

Concern about SUV rollovers has ebbed and flowed in the auto industry for 30 years.

In the early 1980s, the Insurance Institute for Highway Safety, a research arm of the insurance industry, called out the Jeep CJ-5 for having a high propensity to roll over. Later in the 1980s, controversy swirled around the Suzuki Samurai, a rival to the Jeep that Consumer Reports branded unsafe after a rollover test. Suzuki Motor Corp. countered that Consumer Reports' tests were biased, and sued. The litigation was settled long after the Samurai had been phased out.

Until about 10 years ago, auto makers tended to downplay the rollover risks associated with truck-frame SUVs. That changed starting in 2000, when a highly publicized surge of rollover accidents ultimately linked to defective Firestone tires devastated Ford Motor Co.'s once hugely profitable Explorer brand and led Congress to enact sweeping new auto-safety rules that included tougher federal standards aimed at reducing rollover accidents.

The tests administered by different groups can differ, sometimes markedly. The NHTSA's SUV stability test includes a so-called "fish hook" maneuver—patterned after a test used by Toyota, according to government documents. The vehicle, controlled by a robotic steering system, heads down a straightaway at 50 miles per hour. The steering machine then turns the wheel left and then right, and holds the right turn for half a second before straightening out. The maneuver is repeated with more severe steering angles.

This test will cause the wheels to lift off the ground if the vehicle is top-heavy or has a poorly designed suspension system. The NHTSA considers the vehicle to have "tipped up" in an unsafe manner if instruments detect that the inside wheels (the right hand side in a vehicle turning right) have lifted two inches or more off the ground.

Government agencies, automotive magazines and auto makers elsewhere in the world evaluate vehicle stability using tests designed to simulate the panicky steering that can get motorists into trouble. An automotive magazine in Sweden flipped over a Mercedes-Benz A-class in 1997 with a fast lane-change test dubbed the "moose test," so named because it simulated the maneuvers required to evade a moose (or elk) in the road. A chastened Mercedes redesigned the car and installed stability control, and the revamped A-Class passed.

Consumer Reports caught the problem with the Lexus GX using a different test. The magazines puts vehicles through what it calls a track handling test, essentially running the vehicle at progressively higher speeds around a serpentine course, says David Champion, head of its vehicle-testing operation.

Roll Control
Tests by government agencies and independent groups have driven concern about rollover risks:

• 1980: The Insurance Institute for Highway Safety finds "serious rollover problems" after testing the Jeep CJ-5. Government later requires warning stickers on SUVs
• 1988: Consumer Reports calls the Suzuki Samurai unsafe after the vehicle tips in testing. Suzuki takes the magazine to court. Case settles after the Samurai is retired.
• 1997: A Mercedes A Class small car rolls during a "moose test" by a Swedish car magazine. Mercedes redesigns the car, and it passes.
• 2010: Consumer Reports tells readers not to buy the 2010 Lexus GX 460 after it skids in a handling test. Toyota recalls the vehicle to reprogram stability control system.
• Source: WSJ research

As part of the test, Consumer Reports' drivers put a vehicle into a long, sweeping decreasing radius turn—similar to a freeway cloverleaf in which the corner keeps getting tighter. The driver goes into the turn at speed—about 60 mph in the case of the Lexus—and then lifts off the accelerator, says Mr. Champion. He says a fish-hook test might not have triggered the skid that caused the editors to issue their "don't buy" warning.

The problem with both the NHTSA and Consumer Reports tests is that about 95% of rollover accidents happen under circumstances that they don't cover. Such accidents occur when a vehicle hits a curb or ditch or some other obstacle and "trips" over the obstruction. Even vehicles with a low center of gravity can and do roll when tripped up. In 2008, 69% of all rollover accidents involved cars.

The key to avoiding a rollover is to avoid a sideways slide—and that's why properly functioning electronic stability control is critical.

Consumers interested in assessing a vehicle's rollover risk can check out www.safercar.gov for the government's rollover ratings. Those are derived from a combination of measurements to determine the vehicle's center of gravity and the results of live-action rollover tests.

Report blames trucker for Oklahoma crash that killed 10, including Frisco family
07:30 AM CDT on Tuesday, August 4, 2009
Associated Press

OKLAHOMA CITY - The inattention of a tractor-trailer driver led to a wreck on the Will Rogers Turnpike that killed 10 people June 26, including a Frisco family, the Oklahoma Highway Patrol said in a report released Monday.

The inquiry showed no attempt by 76-year-old Donald L. Creed of Willard, Mo., to brake or take evasive action, no apparent problems with his brakes or steering and "strong evidence" that cruise control was in use, set at about 70 mph.

Authorities have said Creed's rig slammed into a line of cars that were stopped because of an earlier crash.

The OHP report said that when investigators tried to determine what Creed's physical condition had been before the collision, he declined to be interviewed "upon the advice of his attorney."

OHP Capt. Chris West said the report and other materials would be given to Ottawa County District Attorney Eddie Wyant, who will decide whether any charges should be filed.

Among those killed in the crash were Shelby Hayes, 35, her husband, Randall Hayes, 38, their son, Ethan Hayes, 7, and Shelby Hayes' mother, Cynthia Olson, 55.

• • • • • • • • • • • • • • • • • • • • • • • • • • • •

Three dead when truck plows into traffic in Cooke County
04:18 PM CDT on Monday, August 3, 2009
WFAA-TV

COOKE COUNTY - At least three people were killed Monday when an 18-wheeler plowed into four other vehicles in a construction zone on Interstate 35.

A spokesman for the Cooke County Sheriff's Department said the incident was reported shortly before noon at FM 1306 south of Gainesville.

Officials said the driver of a semi-trailer - identified as 59-year-old James Crayton of Dallas - apparently failed to slow down for other vehicles in a construction zone.

Crayton's big rig first crashed into a 2003 Chevrolet sedan. The car caught fire and the two people who were inside both died. Their names were not released.

The truck then struck a blue Honda Accord with two Yalaha, Florida residents inside. The driver, Carol Whaley, 63, was taken by air ambulance to John Peter Smith Hospital in Fort Worth for treatment. He was reported in critical condition. Passenger Linda Whaley, 61, was taken to a hospital in Greenville.

The driver of a third car hit by Crayton's truck, a black Nissan sedan, was also killed in the impact. Officials withheld the victim's identity.

The runaway truck finally stopped after hitting another 18-wheeler driven by Charles Haney of Nocona. He suffered minor injuries.

All northbound lanes of I-35 remained closed at midafternoon. Traffic was backed up for 12 miles as investigators pieced together what happened and cleared the wreckage.

©2009 Angel Reyes
www.ReyesLaw.com

A tragic fiery collision occurred today, June 24, 2009 in Carrollton, Texas on southbound I-35E near President George Bush Turnpike.  According to television and Dallas Morning News reports, an 18-wheeler struck two cars that were parked on the shoulder. The big rig then struck a cement barrier, overturned and burst into flames. As the cab exploded and the fiery crash continued, another trucker helped the driver of one of the parked cars out, but reports have indicated that one woman, who was in one of the parked cars, died from her injuries. It has been reported that she was only 65. The truck driver is said to be still in the hospital.

©2009 Angel Reyes
www.ReyesLaw.com

Our clients were driving down the road, minding their own business, when their lives were changed forever by this horrific accident.  The jury’s decision will help these victims recover from their damages, and regain a sense of normality in their lives.  Let this verdict serve as a warning to other trucking companies that if they hire unqualified bullies as drivers of these monster trucks, tragedies such as this one will happen.  When they do, they’ll pay the price, just as Celadon did.

For more information on HORP&B's other recent verdicts and settlements, visit www.ReyesLaw.com  or email me at Angel@ReyesLaw.com.

Study: Sick truckers causing fatal wrecks
11:33 PM CDT on Monday, July 21, 2008
Associated Press

WASHINGTON — Tractor-trailer and bus drivers in the United States have suffered seizures, heart attacks or unconscious spells behind the wheel that led to deadly crashes on highways. Hundreds of thousands of drivers carry commercial licenses even though they also qualify for full federal disability payments, according to a new U.S. safety study obtained by The Associated Press.

The problems threatening highway travelers persist despite years of government warnings and hundreds of deaths and injuries blamed on commercial truck and bus drivers who blacked out, collapsed or suffered major health problems behind the wheels of vehicles that can weigh 40 tons or more.

The U.S. agency responsible for cracking down on unfit truckers, the Federal Motor Carrier Safety Administration, acknowledges it hasn't completed any of eight recommendations that U.S. safety regulators have proposed since 2001. One would set minimum standards for officials who determine whether truckers are medically safe to drive. Another would prevent truckers from "doctor shopping" to find a physician who might overlook a risky health condition. It's unclear whether any of the eight recommendations will be done before President Bush leaves office.

"We have a major public safety problem, and we haven't corrected it," said Gerald Donaldson, senior research director at the Washington-based Advocates for Highway and Auto Safety, whose members include consumer, health and safety groups and insurance companies. "You have an agency that is favorably disposed to maintaining the integrity of the industry's economic situation."

Truckers violating federal medical rules have been caught in every state, according to a review by the AP of 7.3 million commercial driver violations compiled by the Transportation Department in 2006, the latest data available. Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota and Ohio were states where drivers were sanctioned most frequently for breaking medical rules, such as failing to carry a valid medical certificate. Those 12 states accounted for half of all such violations in the United States.

Consider these cases:
–A Florida bus driver who suffers from lung disease and uses three daily inhalers to control breathing told congressional investigators that he "occasionally blacks out and forgets things." He works as a substitute driver despite not having a medical certificate, and his commercial license expires in 2010. The driver, who was not identified but will figure prominently in a congressional hearing this week, has collected Social Security benefits since 1994. He confided to investigators that he "gets winded" walking to his mailbox but has no problem driving a passenger bus.

–A Virginia trucker with a prosthetic leg from a farm accident more than 10 years ago is permitted to drive tanker trucks until at least 2012, even though he doesn't have the proper federal paperwork required for amputees. Virginia revoked the medical license for the official who approved him to drive over charges the official was caught illegally distributing controlled substances.

–George Albright Jr., 61, smashed his 70,000-pound tractor-trailer into congested traffic on Interstate 70 in June 2006, killing four women in a Ford sedan about 30 miles east of Columbia, Mo. Albright's employer agreed earlier this year to pay $18 million in a settlement. A Missouri jury acquitted Albright this month on four counts of second-degree involuntary manslaughter, after his lawyers argued in court that a diabetic episode "put him in an altered state of consciousness." Albright wasn't injured.

–A gasoline tanker plunged from an overpass and exploded in flames on Interstate 95 near Baltimore in January 2004, killing four people. Witnesses reported the driver slumped over the wheel. Maryland investigators concluded the driver, Jackie M. Frost, had suffered a heart attack or other medical emergency, but his family disputed that.

–The driver of a 15-passenger "Tippy Toes" day-care bus traveling 63 mph on Interstate 240 in Memphis, Tenn., in April 2002 crashed into a bridge, killing the driver and four of the six children aboard. The National Transportation Safety Board said the driver, Wesley B. Hudson, 27, fell asleep, "quite likely due to an undiagnosed sleep disorder." Investigators said children sometimes had to wake up Hudson, whom the NTSB described as obese and a marijuana user.

–A 55-passenger bus rolled off Interstate 610 in New Orleans in May 1999, killing 22 passengers. The NTSB said the bus driver, Frank Bedell, 46, suffered life-threatening kidney and heart conditions but held a valid license and medical certificate. Moments before the crash, a passenger recounted seeing the driver slumped in his seat. Bedell died three months later of an apparent heart-related illness. Investigators said he was treated at least 20 times in the 21 months before the accident for various ailments.

Some truckers said the government should enforce existing rules, not make new ones.

"Do you enjoy your clothing and house? Without the truck driver you would have none of it," said Gary Hull, 52, a trucker for a Louisiana company, as he drove from Edinburg, Texas, to Mansfield, La. "Our economy is based on the truck. People don't understand the ramifications of making it more restrictive for truck drivers to drive."

Hull said most drivers are hard workers who earn a modest salary and cope with rising diesel prices. New regulations could add to costs and force truckers to evade the rules, he said.

"There are enough government regulations as it is," agreed Ken Cornell, interviewed at a truck stop. "The medical profession should be able to take care of it. If they have a condition where they shouldn't be driving, they should be able to catch them."

The Transportation Department said 5,300 people died in crashes involving large commercial trucks or buses in 2006, the latest year for which figures are available, and about 126,000 more were injured. A federal safety study last summer found that cases where drivers fell asleep, suffered heart attacks or seizures or otherwise were physically impaired were a leading cause of serious crashes involving large trucks. But those cases included healthy drivers who fell asleep.

"The problem is major," said Dr. Kurt Hegmann, chairman of the federal motor carrier administration's medical oversight board, which is urging more doctor visits in many cases for truckers with serious medical conditions. "It's one of the biggest causes of occupational death in the United States today."

Congress may take action soon. The House Transportation and Infrastructure Committee, led by Rep. James Oberstar, D-Minn., will conduct oversight hearings Thursday. One proposal would create a clearinghouse for drug test results for commercial truck drivers to make it easier for employers to conduct checks. Oberstar's committee asked the Government Accountability Office to investigate unfit truck drivers.

The 30-page GAO study, obtained by the AP in advance of its release later this week, said 563,000 commercial drivers were determined by the Veterans Affairs Department, Labor Department or Social Security Administration to also be eligible for full disability benefits over health issues. It said disability doesn't necessarily mean a driver is unfit to operate a commercial vehicle, but its investigators found alarming examples that raised doubts about the safety of the nation's highways. They identified more than 1,000 drivers with vision, hearing or seizure disorders, which generally would prohibit a trucker from obtaining a valid commercial license.

The chief safety officer for the Federal Motor Carrier Safety Administration, Rose McMurray, acknowledged problems that could lead to unfit truck drivers on the roads. She blamed delays in reforms on a lack of federal money and difficulty coordinating with 50 states. McMurray said changes to strengthen the medical oversight program may not be done for months or even years.

"We have done a lot to recognize the deficiencies in our medical oversight program, and the building blocks we're establishing are very smart and very strong," McMurray said.

Families of crash victims said stronger safety rules can't happen soon enough.

William Hieronymus II of Salina, Kan., said he remembers eating cereal each morning with his 10-month-old son. His son William and wife, Amanda, died in May 2005 when a truck crossed a median and struck their SUV.

The driver, Scott A. Wegrzyn, pleaded guilty to two counts of vehicular homicide. Prosecutors said Wegrzyn knew he suffered from sleep apnea and went to a second doctor without disclosing the condition to obtain the medical certification he needed to drive.

"I try to go through a day without crying," Hieronymus said during Wegrzyn's trial. "I wonder every day what (Will) would have grown up to be, what he would have stood for."