Penalties for Hit and Run Rise in Texas

With new laws increasing the penalties for drivers involved in hit-and-run fatalities or those who fail to stop and render aid, advocates are hoping that Texas drivers have a greater incentive to stay at the scene of accidents and help the injured.

Starting Sept. 1, the penalty for hit-and-run fatalities will be equal to that for intoxicated manslaughter. Currently, it is a third-degree felony, carrying a maximum penalty of 10 years in prison. The new law raises the offense to a second-degree felony, with a maximum penalty of 20 years. Another new law makes failure to stop and render aid after an accident that may have caused injury punishable by up to 10 years.

"There was a perverse incentive to leave the scene of a wreck if you were intoxicated" because the penalties for intoxication were higher, said Bill Lewis, a spokesman for Mothers Against Drunk Driving. The legislation, he said, "gives people a reason to hang around."

Legislation on the new punishment passed easily with bipartisan support, which is uncommon, said state Rep. Elliott Naishtat, D-Austin, who was a sponsor of the legislation on stopping and rendering aid. Some legislators "don't like to mess with enhancing penalties," he said, but many were swayed by the trial of Gabrielle Nestande, a former legislative staff member who was accused of the 2011 hit-and-run death of Courtney Griffin, 30, in Austin. Nestande was arrested the morning after the accident and told the police that she did not know she had hit Griffin.

Nestande was found guilty of criminally negligent homicide but acquitted on charges of intoxication manslaughter, manslaughter, and failure to stop and render aid.

Commander Donald Daker of the Austin Police Department described the Nestande case as a "perfect illustration" of the challenges facing prosecutors in such cases. "If you look at it from an investigative perspective, it's very difficult to prove intoxicated manslaughter when you’ve got to go back hours or days later when they finally do identify who the suspected driver was," Daker said.

The laws will aid prosecution of similar trials, Naishtat said, by encouraging drivers to stay at the scene where blood alcohol levels can be measured.

Requiring drivers to stop and render aid could mean the difference between life and death, Lewis said. A telephone call made within minutes rather than hours of an accident could mean "the person who was hurt would have a better chance to recover," he said.

The legislation corrects outdated laws, said mother Laurie Griffin, who advocated the bill's passage.

"You can't just say, 'I thought it was a kid throwing rocks at my car' and change your story to 'I thought I hit a deer,'" Laurie Griffin said, a reference to reasons that Nestande gave in the courtroom for leaving the scene. "People need to know what's going to happen if they don't stop, and that's from a mother that lost her daughter to complete nonsense."

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Source: KEYE TV (AP, 8/09)

Ban expanding in North Texas on trucks in left lanes

FORT WORTH — Trucks are being forced out of the left lanes on more North Texas highways.

Beginning this summer, the Texas Transportation Department plans to nearly double the number of highway miles in Dallas-Fort Worth where vehicles with three or more axles are banned from the left lane.

Trucks are already prohibited in the fast lane of Interstates 20, 30 and 45 in the Metroplex. And over several months, state officials plan to expand the ban to include many other freeways, department spokeswoman Michelle Releford said.

Among the places where a new left-lane ban is planned: Interstate 35W in Fort Worth from 28th Street to the Tarrant-Johnson county line; Texas 121 “Airport Freeway” from downtown Fort Worth to East Loop 820 near Richland Hills; Loop 820 from Interstate 30 in west Fort Worth to Blue Mound Road; and Texas 360 from Texas 183 to I-20 in Arlington.

Requiring big rigs to stay on the right side of the road is extremely popular among motorists.

“Trucks have no business in the far left lane,” Richard Kevin Hager of Granbury said. “It’s already working great in the areas that have it, when it is enforced. Not only safer for everybody but definitely improves traffic flow.”

Pending approval from the Texas Transportation Commission in July, signs with messages such as “No trucks, left lane” will be installed on the selected roads. The signs will start going up in the Dallas area in late summer, and in the Fort Worth area in the fall, said Andy Oberlander, a traffic engineering supervisor with the department.

Once the signs are up, the ban will be in place, and trucks caught in the left lane will be subject to a police citation, Oberlander said.

Surveys show that roughly 80 percent of motorists approve of the restriction, state officials say.

“No vehicle should be allowed in the far left lane that is not going the maximum speed limit,” Gary Burris of Arlington said.

In North Texas, regional transportation officials also say they have some data to show that keeping big rigs out of the left lane reduces accidents, improves overall traffic speeds and reduces auto emissions.

Truckers aren’t bad guys.

But some truck drivers question the claims about the benefits of such bans.

“Our great government has made trucks into bad guys,” said Robert Duncan of Terrell, a trucker for 14 years. Duncan noted that trucks’ speeds can vary greatly, with some traveling no more than 62 mph and others hauling at 75 mph — and he said faster trucks need the ability to “get past the rolling road block” of slower traffic.

Texas law does allow trucks to use the left lane temporarily for passing.

Banning trucks from the left lane penalizes some of the most professional, experienced drivers on the road, said John Esparza, president of the Austin-based Texas Motor Transportation Association. Instead, he said, Texas would be better served by going after drivers who are inattentive, overly aggressive or impaired by alcohol.

Trucks were involved in 13 percent of Texas traffic fatalities last year, Esparza said. But he said that in 84 percent of those cases the driver of a two-axle vehicle, not a trucker, was at fault.

Plus, he said, the policy creates congestion on the outside lanes of highways.

“If you limit trucks to the right lane, you are putting folks entering the freeway into more jeopardy,” Esparza said.

History

The effort to keep 18-wheelers out of the fast lane dates from 2005 in the Metroplex. That’s when the North Central Texas Council of Governments, the regional transportation planning agency, enacted temporary restrictions on portions of I-30 in Fort Worth-Arlington and I-20 in Dallas.

During the test period of approximately five months, crashes on I-30 in Tarrant County fell nearly 24 percent, according to the council of governments. With a left-lane ban, wrecks averaged 1.27 wrecks per day, down from 1.67 before.

Also on I-30, average speeds for all traffic improved 0.88 mph in the left lane, 0.56 mph in the center lane and 0.50 in the right lane, according to the research.

After those results were announced in 2006, the temporary bans were made permanent.

In 2009, the state Transportation Commission approved expanding them to include most of I-20, I-30 and I-45 in Dallas-Fort Worth.

It’s part of a statewide trend. Such bans have been approved in many cities in recent years. On I-35, for example, one extends from Georgetown all the way through the Austin area.

In North Texas, roads that meet certain criteria — for example, roads with at least three main lanes in each direction, but not left-lane exits — are considered candidates for the ban.

“Three lanes or more — keep out!” David Benedetto of Grapevine said.

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Source: Star-Telegram (AP, 6/3)

Leave Fireworks to the Professionals this Fourth of July

AUSTIN---June is Fireworks Eye Safety Awareness Month. "Too many Fourth of July celebrations are ruined because a child has to be rushed to the emergency room after a fireworks accident," said David K. Coats, MD, pediatric ophthalmologist at Texas Children's Hospital in Houston. "Potentially blinding injuries can be avoided if families attend a professional public fireworks display instead of putting on a home fireworks display."

Children are the most common victims of fireworks accidents, with those 15 years old or younger accounting for half of all fireworks eye injuries in the United States. For children under the age of five, seemingly innocent sparklers account for one-third of all fireworks injuries. Sparklers can burn at nearly 2,000 degrees Fahrenheit, which is hot enough to cause a third-degree burn.

Roberto Diaz-Rohena, MD of McAllen once treated a 4 yr-old boy who lost an eye due to a rocket-induced ruptured globe. "The sad part was that the dad asked the young boy to pick up the rocket from the floor when it didn't shoot into the air. It did when the boy picked up the rocket – right into his eye. I'll never forget the dad's guilt-driven howling."

Fireworks are not toys for children to play with. "I treated a little girl last year who had a bottle rocket blow up in her face. The child suffered a severe eye injury and one eye is now legally blind. Be careful, because life can change in an instant," said Evelyn Paysse, MD, of Texas Children's Hospital in Houston.

"Among the most serious injuries are abrupt trauma to the eye from bottle rockets," according to Dr. Coats. The rockets fly erratically, often injuring bystanders. Injuries from bottle rockets can include eyelid lacerations, corneal abrasions, traumatic cataract, retinal detachment, optic nerve damage, rupture of the eyeball, eye muscle damage and complete blindness.

To avoid any type of fireworks related injuries follow these safety tips:

• Never let children play with fireworks of any type.
• View fireworks from a safe distance: at least 500 feet away, or up to a quarter of a mile for best viewing.
• Leave the lighting of fireworks to trained professionals.
• If you find unexploded fireworks remains, do not touch them. Immediately contact your local fire or police departments.
• If you get an eye injury from fireworks, seek medical help immediately.

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Source: Sacbee (AP, 6/20)

Larger crowds expected for Republic of Texas Biker Rally 2013

AUSTIN --- Get ready to rumble, Austin! It’s already that time of year again where thousands of Motorcycles flood Austin area streets and highways as they participate in the annual Republic of Texas Biker Rally.

On Wednesday evening a number of downtown Austin businesses had already put out the welcoming signs as they anticipate thousands flooding the central area over the next four days.

“Just a bunch of people wanting to have a good time and enjoy their bikes; wanting to enjoy good food and let loose," said Lillian Knape with Old School Bar & Grill on 6th Street.

About 60,000 people participated in the ROT Rally in 2012. An estimated 200,000 showed up for the big parade on Congress Avenue Friday evening. However the crowds this year are expected to grow by 10 percent.

Organizers with the ROT Rally said Wednesday that the stronger economy is why they are anticipating a larger turnout this year.

“They're good for a lot of local businesses. They spend a lot of money so my suggestion to this is just be patient and be nice, be a good host. We double our staff and our inventory and stay open later. Like I said, it's one of our best nights of the year,” said Moosa Meschin, the owner of Cozzoli’s Pizza on Congress Avenue.

The ROT Rally brought in an estimated $36 million into Austin’s economy last year.

Though the rally begins today, road closures will not take effect until Friday, from 6 p.m. to 3 a.m. for a downtown block party. The party will close off 2nd through 10th streets between Brazos and Colorado streets, as well as Congress Avenue between Cesar Chavez and 11th streets.

The majority of the rally will be held at the Travis County Exposition Center in Northeast Austin.

The city suggests alternative routes going North and South using IH-35, Red River Street to Brazos Street, Colorado Street to Guadalupe Street or Lamar Boulevard, and going East and West on MLK Boulevard, 15th Street or Cesar Chavez Street.

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Source: KVUE (Green, 6/12)

TxDOT's "Holiday P.A.S.S." campaign continues to promote planning ahead this New Year's

AUSTIN-- New Year's Eve is a night of celebration and hope for a happier, healthier future, but if your celebration doesn't include having a sober ride home, your new year could begin on a much different note.

In their efforts to reduce drinking and driving, the Texas Department of Transportation is reminding Texans that having a sober ride home may be the most important part of their New Year's celebrations. TxDOT's Holiday P.A.S.S. (Person Appointed to Stay Sober) campaign has spent the month of December encouraging Texans to always take a sober ride home.

"New Year's Eve is a festive occasion, but no one wants to begin their new year with a DWI. Instead, we are encouraging Texans to plan ahead for a sober ride home before attending New Year's Eve parties," said John Barton, TxDOT deputy executive director.

During last year's holiday season (Dec. 1, 2011, through Jan. 1, 2012) there were 2,462 alcohol-related traffic crashes in Texas, resulting in 842 serious injuries and 78 fatalities (TxDOT, 2012). This holiday season, law enforcement officers throughout the state will work thousands of additional hours to crack down on drunk driving. Many cities and towns in Texas will implement "no refusal" programs over the New Year holiday period.

During the month of December, the Texas Hospitality Association has assisted TxDOT in spreading the important message about having your Holiday P.A.S.S. The association distributed customizable sober driver "gift certificates" and other materials in stores across the state where alcohol is sold. Additionally, award-winning mixologist, Rob Pate, owner of restaurants Peche and Cherry Street in Austin, created four signature non-alcoholic drinks that will be perfect for New Year's Eve parties.

For tips on planning for sober rides home after New Year's Eve celebrations, visit the Holiday P.A.S.S. Facebook page or the Pinterest page . You will also find recipes for our original non-alcoholic drinks there.


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Source: Herald Online (TxDOT, 12/27)

Victims of uninsured motorist accidents have options

AUSTIN -- A 36-year-old Austin man is recovering from his injuries after he said a hit-and-run driver left him for dead last week.

“I can't work right now. I can't stand for long periods of time and stuff like that so it's really eating into my pocketbook,” said Joe Montgomery.

On Monday, Sept. 2, Montgomery was on his bicycle at Oltorf and I-35 heading to work when witnesses said a pickup cut him off, hit him, dragged him for a distance and kept going.

“I just don't understand what their thought process was like. I mean, were they intoxicated? Did they know they didn't have insurance?,” asked Montgomery, who doesn’t have medical insurance.

He said when he called the driver’s insurance company, as directed by Austin police, an insurance employee told him the driver in question was not covered at the time of the accident.

“She was like 'When were you hit?' and I told them Sept. 3, and she said, 'Well that person doesn't have, they didn't have a policy, they don't have insurance on that date,' said Montgomery, who now has a broken vertebrae in his back and several broken chips out of his legs.

Victims of uninsured drivers do have more options than they think.

Victims can take legal action against an uninsured driver’s blood relatives or spouse if they live together.

It is a myth that personal injury attorneys won’t take a case without money up front.

“Most people don't pursue uninsured motorist coverage because they think it's going to count against their insurance rates and it's not supposed to,” a lawyer said.

He added that an uninsured driver with a judgment against them can lose their license if they don’t pay.

“The DPS has a long-standing policy of not allowing that person to renew their license without having satisfied that debt,” said the lawyer.

Austin police confirmed a detective has been assigned to the case. Witnesses turned in his license plate number. However the driver has not been arrested as of yet.

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Source: WFAA (Green, 9/12)