Auto injuries and distracted drivers talking on cell phones

Large pay raise for Texas jurors

Summertime Boating Safety

Attorney Profile: Jessica Dean

A recent study by the Insurance Institute for Highway Safety suggests that drivers that are talking on their cell phones are four times as likely to get into a crash that can cause serious injuries.

When drivers were using cell phones, the study found an overall fourfold increase in injury crashes. Researchers said there were substantially more drivers who were using their phones when they crashed compared with other similar periods of driving.

Cell phone records were used to compare phone use within 10 minutes before an actual crash with cell use by the same driver during the previous week.

In Australia, over 450 drivers were examined who owned or used mobile phones and were in a crash that put them in a hospital emergency room. Each driver's cell phone usage during a 10-minute interval prior to the accident was compared to use during at least one earlier period when no accident occurred. Each driver, in effect, served as his or her own control group in the study.

More than nine out of 10 suffered at least one injury and nearly half had two or more, with the majority of the injuries being mild to moderate in severity.

A survey released earlier this year by the National Highway Traffic Safety Administration found that 1.2 million people, were using cell phones during daylight hours last year.

Are hands-free cell phones a solution?

One might think that using a hands-free device to talk on a cell phone might reduce the changes of causing accident due to a driver talking on a cell phone, but research by the Insurance Institute for Highway Safety suggests that using a hands-free device instead of a hand-held phone while behind the wheel will not necessarily improve safety.

Does gender play a role?

The study found that male and female drivers had the same increase in risk from using a phone, along with drivers who are older and younger than age 30.

What are lawmakers doing to stop this trend?

With more drivers talking on cell phones while driving than ever, lawmakers have tried to find ways of reducing driver distraction and in turn hopes of reducing serious injury car accidents as a result of talking on a cell phone while driving.
Your state may already ban talking on a cell phone while driving.

Several states have already begun to fight accidents caused by distracted cell phone users. New Jersey, New York and the District of Columbia prohibit talking on hand-held cell phones while driving.

Beginning on Oct. 1, drivers in Connecticut will have to use hands-free devices if they want to place or accept a cell phone call while driving.

Some cities such as Chicago and Santa Fe require hands-free devices in automobiles.

States such as Louisiana, Florida, Kentucky, Mississippi, Nevada, Oklahoma and Oregon prevent local governments from restricting cell phone use in motor vehicles, according to the National Conference of State Legislatures.

On May 25, the Texan House gave final approval to S.B. 1704, which increases juror pay from $6 to $40 a day, beginning on the second day of service.

Under the bill a person convicted of a criminal offense in Texas will pay a $4 fee to fund the juror pay increase. (The bill is authored by Senator Rodney Ellis, D- Houston and Republican Will Harnett R-Dallas).

Studies done in Dallas and Harris counties indicate that the number one reason for no-shows on the jury duty is that people cannot afford to serve on the jury. "Low turn out is not surprising given that Texas ranks last in terms of what jurors are paid in the nation," says attorney Jessica Dean in the Dallas office of the Rasansky Law Firm.

It was back in 1954 that the Legislature set juror pay at $6 a day. "If you did not receive a pay raise in 50 years, you'd walk off the job too," said Senator Ellis.

The problem especially lies with low income and minority Texans, they are drastically underrepresented on juries. "As a result, we are flirting with having our court system being ruled unconstitutional because the jury box is not representative of Texas" Senator Ellis opined.

The reality is that "hard working Texans who struggle to earn a living wage, can't afford to miss an entire day of work for $6," said Ellis. "Six dollars rarely even covers the cost of parking at the courthouse. We can improve justice and dramatically improve diversity by requiring criminals pay $4 more."

Summertime means boating. An estimated 30% of the state population participated in boating at least once in the last 12 months according to the Texas Parks and Wildlife Department (2003).

Although Minnesota claims to be the land of “10,000 lakes,” Texas actually has more lakes than any other state in the nation (269,976), in addition to 367 miles of coastline on the Gulf of Mexico. Texas had more than 625,700 registered boats in 1998, and that number continues to grow at a healthy 10% per year.

Unfortunately, Texas also leads the nation in boating injuries and fatalities. If you, or a loved one, have been injured on the water due to the carelessness of another regardless of the state, please contact us immediately to discuss your options. While enjoying the water this summer, please keep these safety tips in mind.

Boating Safety Quick Tips

• Wear a life jacket.

• Avoid alcohol while boating.

• Be careful! Especially on personal watercrafts.

• Children younger than age 13 must wear a Coast Guard approved life jacket.

• Avoid having to many people on your boat.

• Always operate at a safe speed.

• Watch out for low water areas or submerged objects.

Wear A Personal Flotation Device (PFD) or Life Jacket

• Only 9 percent of boating fatality victims were found wearing a personal flotation device.

• Always carry extra life jackets in both adult and child sizes.

• Children younger than 13 years old must wear a PFD while underway.

Avoid Alcohol While Boating

• The probability of being killed in a boating accident doubles when alcohol is involved.

• Operating a boat under the influence is just as dangerous as driving a car after you've been drinking.

• Boating while intoxicated (BWI) is strictly enforced and carries penalties similar to driving while intoxicated penalties, including possible Driver's License suspension.

Be Careful! Especially on Personal Watercrafts

• Personal watercraft operators and passengers must wear a life jacket.

• Before you borrow or rent a PWC, take the time to learn how to operate the vessel and the rules of the waterway.

• Obey the 50-foot rule! Maintain a 50-foot distance from other PWCs, vessels, persons, shore, or stationary platform or other object unless operating at headway (idle) speed.

Operate at a Safe Speed

• Although there are no numerical speed limits on the water, citations may be issued for excessive speed or reckless operation. Use common sense, and operate at a safe speed at all times -- especially in crowded areas.

• Excessive speed is a rate of speed greater than is reasonable or prudent without regard for conditions and hazards or greater than will permit a person to bring the boat to a stop within the assured clear distance ahead.

After graduating magna cum laude from Boston University, Jessica Dean earned her law degree at the University of Texas School of Law and earned the distinction of the Order of the Barristers.

After graduating law school with honors Jessica started her career at The Rasansky Law Firm working in both employment law and medical malpractice.

Jessica handles overtime cases for people who have been denied overtime against all types of companies through out the United States. In addition to her overtime practice, Jessica represents clients who have been injured by the negligence of others.

Call Jessica today without obligation, and with no fee required for initial consultation, to discuss your legal needs and questions. Our phones are answered 24 hours a day, toll free 1-800-ATTORNEY (in TX & OK), 1-800-704-3576 (Nationwide).

Contact A Lawyer

Click here to read our legal blog

Read Attorney Bios and more

Motor Vehicle Accidents

Cerebral Palsy

Medical Malpractice

Nursing Home Abuse

Unpaid Overtime