How Each of Us Can Help Prevent School Bus Accidents

How we can help prevent school bus accidents

School buses are the safest form of transportation for school-aged children. Unfortunately, school bus accidents still happen. Here’s what you can do to help keep children safe.

School buses provide an incredibly valuable service to families all across the United States. They arrive on schedule every day to safely transport parents’ most precious cargo to and from school and other school-related functions. We often take the safety of these buses for granted, and a recent increase in school bus accidents has caused many parents to think twice about putting their children on them.

In general, school bus accidents are a relatively rare occurrence. Yet, last year we saw a cluster of school bus-related accidents that occurred due to distracted drivers. “When it comes to the safety of children, we all have a responsibility to do our part in preventing these types of accidents from occurring,” says Dallas personal injury lawyer, Attorney Zach Herbert.

School Bus Accident Statistics

According to the National Highway Traffic Safety Association, school buses are among the safest vehicles on the road.  In fact, a child is more likely to be involved in an accident while being transported by a parent or walking to school. Recent school bus accident statistics support both of these claims.

In a report covering the ten year period from 2006 to 2015, there were 1,172 fatal accidents that were related to school buses. This number represents not even half a percentage point of all fatal accidents that occurred during the same time period. Of these, the overwhelming majority happened when the child was outside of the school bus, including waiting at the bus stop or crossing the road. (1)

What we can gather from this information is that the biggest threat to children boarding, exiting or traveling on school buses is the other drivers on the road. This scenario is exactly what happened in a series of accidents that occurred in late 2018. The accidents that occurred in Indiana, Mississippi, Pennsylvania and Florida resulted in five fatalities and seven injuries at the hands of distracted drivers who failed to slow down and stop at school bus stops.

Unfortunately, there were also several school bus crashes last year that resulted in injuries and fatalities- including one that occurred in North Texas last October in which one fatality and three injuries were reported.

A single school bus-related accident is one too many. Here is what you can do to help keep our communities and roadways a safer place for our children and the hardworking school bus drivers who are in charge of transporting them safely every day.

Tips for School Bus Safety

When it comes to accidents that occur at school bus stops, there’s only so much that the bus driver can do to keep children safe. On the roadways, school buses should be given extra attention from other drivers traveling on the same road. Here are a few tips for doing your part to promote school bus safety.

  • If a school bus is in front of you, be prepared to stop. When a school bus approaches one of its stops, the driver will flash either yellow or red lights and extend an arm with a stop sign attached. Legally, your vehicle must stop at this point and wait for the bus to indicate it’s safe to resume travel, which is done by turning off the stop lights and lowering its arm.
  • When braking, make sure you allow enough space between your vehicle and the bus for children to safely cross the road and enter or exit their bus.
  • If you see children waiting at a bus stop, proceed with extreme caution. Children have less impulse control and often aren’t fully aware of the consequences of their actions. What’s common horseplay for them could turn into a tragic accident if a car comes along too quickly.
  • Never block a crosswalk or attempt to pass another vehicle that’s stopped for pedestrians.
  • If you’re traveling behind a school bus, allow yourself extra stopping distance.

Reach Out to a Personal Injury Attorney in Dallas

If you or someone you love has been involved in a school bus accident, please reach out to a personal injury attorney in Dallas to review your case. An experienced personal injury attorney at Herbert & Eberstein in Richardson can represent you through the process of filing a personal injury claim. The devastation of the accident was enough, there’s no reason to not seek the compensation you and your family deserve.

 

Media Contact:

Dallas Personal Injury Attorney Zach Herbert

(T): 214-414-3808

zachherbert.attorney

Sources

  1. https://www.nhtsa.gov/road-safety/school-bus-safety
  2. https://www.schoolbusfleet.com/news/724886/nhtsa-report-puts-school-bus-fatality-data-in-perspective

 

Highway Hypnosis Can Cause Truck Accidents

Highway Hypnosis Can Cause Truck Accidents

Most people think of hypnosis as something that happens on a stage and involves a magician swinging a pocket watch back and forth in front of another person’s face. However, there is another type of hypnosis that probably just about everyone has experienced.

Highway hypnosis occurs when a motorist zones out behind the wheel. Highway hypnosis is also sometimes referred to as “white line fever” after the white painted lines on the road. When a person drives for long distances on the highway with little or no stopping or stimulation, they can lapse into a relaxed state that is similar to sleeping.

Although anyone can experience highway hypnosis, it’s more common among truck drivers, who spend hours at a time behind the wheel and often drive long routes with repetitive scenery. If you’ve been injured in a truck wreck in Texas, the best thing you can do is speak with a Dallas personal injury lawyer like Attorney Zach Herbert of Herbert & Eberstein, as soon as possible.

How Does Highway Hypnosis Happen?

According to experts, anyone can fall into something of a hypnotized state when they are very relaxed. For example, a train engineer reported feeling like he was in a daze prior to a fatal train derailment in New York City.

Sean Meehan, a professor of kinesiology at the University of Michigan, stated. “When we’re tired, effectively there’s a change in the state of our brain that results in that information just not getting to those centers where we actively, consciously process it.”

This change in state is why some people can even become hypnotized while reading. If you have ever read the same paragraph over and over again because you’re simply not absorbing the text, it’s possible you were experiencing a mild form of hypnotism.

When people experience highway hypnosis, however, they don’t have the benefit of just snapping out of it and safely rereading a page they overlooked. When you’re behind the wheel, highway hypnosis can lead to a serious car accident. A driver who is zoned out has a slower reaction time, and they may not even realize they’re in danger until the accident is in progress.

Highway hypnosis falls under the general umbrella of “drowsy driving.” According to data from the National Highway Traffic Safety Administration (NHTSA), there are over 100,000 drowsy driving car accidents every year, with over 1,500 of those accidents causing a fatality.

Tips for Avoiding Highway Hypnosis

Truck drivers operate huge vehicles that can weigh up to 80,000 pounds. With a vehicle this massive, it’s incredibly important for truckers to stay alert behind the wheel.

Highway hypnosis can cause a truck driver to space out and cause a catastrophic accident, which is why it’s important for semi-truck drivers to do everything they can to avoid driving drowsy. These tips are also useful for any motorist who drives long distances or boring routes that can lead to highway hypnosis.

Keep Temperatures Cool

Many people get sleepy when they’re warm, and there are a couple of different reasons for this. When you’re too warm, you can actually become dehydrated, which can make you feel tired. This reason is why it’s important for truckers to drink plenty of water.

Being warm also causes your blood pressure to drop, which makes you feel groggy. Warm temperatures also coax many people into feeling cozy and comforted, which is great if you’re trying to sleep but a serious safety hazard when you’re driving a semi-truck.

Take Frequent Breaks

Truck drivers are required to take certain breaks under federal law. However, they should also change up their routine by making stops for quick rest breaks as they drive.

Even if it’s just a few minutes of brisk walking or some light stretching, getting out of the truck and getting your blood flowing can help reduce the drowsiness that comes with driving for too many hours in a row on the highway.

Listen to Music or Talk Radio

Many truckers enjoy listening to music or the radio as they drive. With satellite radio, there are more options than ever for listening to interesting programs and talk radio. You can even download audio books or podcast so you can listen to something interesting or entertaining as you drive.

In some cases, however, music can lull you into drowsiness. If you find this happening, it’s a good idea to switch up your favorite station and try listening to something new or outside your regular interests. This shift can help keep your mind engaged, which will increase blood flow to the brain and stop you from feeling tired.

Avoid Heavy Meals Before Driving

There’s a good reason why many people feel so tired after Thanksgiving and similar gatherings. The body must work overtime to digest a large meal, which can make people feel sleepy.

To stop drowsiness behind the wheel, truckers should avoid heavy, carb-based meals like pasta before they get on the road. Instead, opt for healthier options like salads and fresh fruit. It’s not always easy to find fresh food choices on the road, which is why many truckers pack a cooler with fruit, salad, and healthy menu items before they leave home.

Help for Those Injured in Truck Accidents

If you have been injured in a truck accident, it’s in your best interest to discuss your case with an experienced Dallas truck wreck lawyer.  Call the personal injury law firm of Herbert & Eberstein in Richardson, TX today, and schedule a time to review your case with our compassionate team.

 

Media Contact:

Attorney Zach Herbert

(T): 214-414-3808

zachherbert.attorney

 

Sources:

  1. https://abcnews.go.com/Health/highway-hypnosis/story?id=21098081
  2. https://www.sleepadvisor.org/why-heat-makes-you-sleepy/

What Happens Right Before Trial in a Personal Injury Case?

What Happens Right Before Trial in a Personal Injury Case?

This is the conclusion to an ongoing series where Attorney Zach Herbert outlines the phases of an average personal injury case.  Not every case will follow this exact outline, as each case is different. If you missed the last installment of the series you can visit it here. 

After going through the discovery process in your personal injury case, the next phase you should expect to begin is the Deposition phase. It’s important to work with an experienced personal injury attorney at Herbert & Eberstein, to protect your rights in the final phases of your case. 

Phase 9: Depositions

Depositions are sworn testimony that is recorded out of court.  This saves lots of time and helps the case settle. If depositions were not allowed, most cases would proceed to trial before settling.  Many different depositions can be conducted, for instance: witnesses to the personal injury incident, doctors that treated the Plaintiff, the Plaintiff herself, the Defendant, Experts that have been hired by either side, and so on.  Depositions, or “depos” for short, take place in an office, usually a conference room. The person being deposed sits next to a court reporter, who types everything that is said. The attorneys for both sides can ask questions, but the attorney that “noticed” the depo asks questions first.  “Noticing” a depo means sending an official document to all involved that notices all parties of the date and time and place of the depo.

In a car wreck, depos may include a Plaintiff and Defendant depo.  These are usually on the same day and often take place in the Plaintiff’s attorney’s office.  Most of the time you will meet with your attorney before the deposition so that he or she can prepare you for what to expect.  Depos can last as little as 30 minutes and as long as a few hours. The maximum amount of time a depo can take in Texas is 6 hours, although you will rarely see this happen.  Your attorney will give you an estimate of how long it will last.

The whole point of depos is to figure out how the trial will go.  This allows the parties to proceed to the next phase, which is Mediation.  

Phase 10: Mediation

Mediation is where most cases settle.  Even if your case doesn’t settle at mediation, it is still worth the time to go to mediation.  Mediation takes place at the mediator’s office, and the parties are kept in separate rooms. Mediations can take two hours, half a day, or a full day, depending on the complexity and size of a case.  Most car wreck cases take two hours.

At this point, depos have likely been taken, and the parties have a good idea of how the trial will go.  Your attorney will give you his or her estimate of the chances at trial and the risk associated with going to trial.  The mediator will come into your room and talk with you and your attorney about your case. The mediator is a neutral party, meaning he or she is not on either side.  The mediator wants to settle the case and will work hard to do so. This may mean he or she will try to get you to take less while trying to get the other side to offer more.  Wait for your attorney to give his or her advice before making a decision on your case.

If your case does not settle at mediation, then the next phase is the Trial phase.  However, remember that there are still many opportunities to settle your case before trial.

Phase 11: Trial

Trials in Texas happen almost every week in the more populated counties.  Each court has its own set of “local rules,” which means your experience may differ from someone else’s.  Some courts are very quick to call cases to trial, and some are slow. Some courts require all parties to show up on Monday only to call one to trial and reset the rest.  This process can become frustrating, and many Plaintiffs can become disheartened with the whole thing. Don’t worry! Your case will eventually be tried!

A typical car wreck trial will start with pretrial motions, when the attorneys and judge discuss what evidence is going to be allowed.  Then voir dire, where the attorneys speak with a panel of potential jurors. The attorneys are allowed to “de-select” jurors, and then the final Jury is selected.  Next comes opening statements, presentation of evidence, and closing arguments. Every case is different, so going into detail at this point won’t be helpful. At a minimum, the Plaintiff will testify.  This is a lot like your deposition, only more evidentiary rules will apply. Your attorney will prepare you for this part before trial.

The Jury will then go into a room and deliberate.  They will have a document with them called the Jury Charge.  This has questions they must answer, which include monetary damages in most personal injury cases.  When the Jury is finished deliberating, the verdict is announced in court. A judgment is prepared for all parties to sign and the judge will enter a judgment 30 days after the verdict.  At this point, the case is finished! If the judgment included monetary damages, the final amount will be calculated, and a check will be issued to the Plaintiff’s attorney. (See Phase 5 for what to expect after settlement.)  

Every case is different, and none of the above was intended to be legal advice.  If you have questions about your personal injury suit, call Attorney Zach Herbert at 214-414-3808 or schedule a consultation.

 

Media Contact:

Attorney Zachary Herbert

(T): 214-414-3808

https://zachherbert.attorney

5 Questions to Ask When Hiring a Personal Injury Attorney

5 Questions to Ask When Hiring a Personal Injury Attorney

Hiring an attorney is a challenge that many of us have never had to face before.  Here are some questions to ask when hiring a personal injury lawyer in Dallas.

1.  How Many Clients Are You Personally Responsible For?
First, this question assumes that you are talking to an attorney.  If the attorney’s office that you called does not have an attorney handling your call, do you think you will have access to an attorney throughout your case?  It is not unreasonable to speak with an attorney, especially when you are hiring that attorney to handle your case! Ask to speak with an attorney, then ask them how many clients they are responsible for.  Ask how many clients total they are responsible for, including pre-litigation cases. There is no magic number here, but if it is more than 100, or the attorney refuses to answer, then consider how that will affect communication in your case.  If communication is important to you, consider going with another attorney with fewer cases.

2.  How Often Can I Expect Updates on My Case?
Look for attorneys that have a ready answer to this question.  If they do not have a specific plan for updating clients, beware.  Also, ask for the methods by which clients are updated. Do they have the ability to text clients?  Email? Is there a client portal? Attorneys that focus on communication will likely have all three.  Get a commitment to update you at least once a month, or look for attorneys that promise this level of communication.

3.  Do You Have Jury Trial Experience?  If So How Many Jury Trials Have You Tried as First Chair to Verdict in the Last 3 Years?
While not all cases go to trial, and while you probably aren’t excited about that proposition either, attorneys that go to trial are the ones that have a reputation for fighting.  Insurance companies track everything. This includes attorneys. They know that they can settle cases for cheaper to the attorney that never goes to trial versus the attorney that isn’t afraid to fight.  Notice that we aren’t asking about whether or not they win. You are looking for an attorney that is known for fighting, that will get your case resolved. That attorney goes to trial. If the answer is zero, then consider going with an attorney that has fought at least once in the last three years.  There is a flip-side to that coin, however. If the attorney you are speaking with goes to more than 10 trials per year, you might have an attorney that doesn’t have enough time to focus on your case.

4.  Is My Type of Personal Injury Case One That You Typically Handle?  
Make sure that the attorney that you are hiring has handled your type of case before.  For example, some personal injury attorneys only handle medical malpractice or cases against doctors and hospitals.  Others only handle car wrecks or truck wrecks. Get specifics and ask for numbers. You might have a unique case that few attorneys have handled before.  Just because your case is one that this particular attorney hasn’t handled doesn’t mean you shouldn’t hire them. If you get an honest answer, that may be just the thing you need from the attorney.  A simple, “no I haven’t, but I have handled many cases that deal with the same issues as your case” is way better than an evasive or vague answer that doesn’t begin with yes or no.

5.  How Are Your Expenses Handled?
Every personal injury case has expenses that are the responsibility of the attorney that you are hiring.  Remember that he or she is taking a chance on you to be able to hopefully get paid later. Make sure there are no surprises in the expenses.  For instance, does the attorney charge a flat handling fee for office supplies and such? Does the attorney finance their expenses through a finance company?  If so, do they pass the interest charge on to their clients? What this means is if the attorney spends $1,000.00 on your case and settles it, they will take $1,000.00 out of your settlement.  This is normal. But if they finance $1,000.00 through a bank, will they take the interest out of your settlement as well? Neither option is a negative one. However, it is good to know up front so there are no surprises.  Also, ask if the expenses are taken out of the settlement before or after the contingent fees. Most of the time contingent fees are taken out of the settlement first, then expenses, then any liens or doctor’s bills. Make sure you understand this before hiring your attorney.  You don’t want any confusion when it comes time to close out your case.

If you are in need of a personal injury attorney in Dallas, contact attorney Zachary Herbert at Herbert & Eberstein today at 214-414-3808. 

Media Contact:

Dallas Personal Injury Lawyer Zachary Herbert

(T): 214-414-3808

http://zachherbert.attorney