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Personal Injury

A Two Wheeled Risk of Harm in Dallas

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In 2018 at the onset of electric scooters in Dallas, this new transportation option was advertised as a boon for commuters and residents alike with little if no mention of safety concerns.

Fast-forward to today and the trendy vehicles are becoming a safety risk and potential source for personal injuries.  According to city officials, scooter companies have not been disabling them late at night when their use is banned.  That has led to a recent explosion of complaints about groups of people joyriding late at night and menacing downtown business owners and residents alike.  Another problem with the scooter companies’ negligence – joy riders discarding scooters in piles on the pavement.

Since COVID-19 has closed many downtown businesses, city officials said that before the pandemic, scooters were used mostly for commuting but that peak use now is between 8 p.m. and midnight — mostly for entertainment purposes.

It is these safety concerns and the possibility of bodily harm to the joy riders and others alike that the city’s transportation department decided to halt the scooter program temporarily so it can work on tightening the rules.  As of right now, scooter operators must remove the approximately 5,000 vehicles that are currently out on the Dallas streets.

The city’s ordinance, tweaked in March of this year, allows scooters to operate until 9 p.m. in Deep Ellum and until midnight everywhere else.  Other regulations include a 20 mph speed limit.  The council lifted a ban on motorized scooters in June 2018 to encourage alternative transportation.

Police report that criminals sometimes use the scooters after hours as a quick getaway, while large groups of young people are motoring around the city to get better views of illegal street races late at night.

Reports have detailed the misuse of scooters.  They are no longer being used mostly for transportation to the bus station or a bar as intended – but rather have become a form of entertainment.  From a public safety standpoint, they have become a problem.”

Unfortunately, the scooters come with a risk of injury and have also been used in connection with crimes such as purse snatchings.  Personal injuries resulting from the scooters and public safety concerns with their misuse are the main reasons the city council has paused their availability.  A Parkland Memorial Hospital spokeswoman said 68 people were treated in the ER over the past year for scooter injuries.

The city council hopes that their temporary ban gives the city a “second chance” to do a better job of regulating scooters.  Five companies have permits to operate scooters in Dallas: Lime, Wheels, Gotcha, Bird and OjO.  The city told the scooter companies about the late-night violations and they vowed to fix it – however that did not happen.

In some cases, up to 40 scooters have been discarded in streets and on sidewalks.  A similar situation doomed the city’s bike-share program, which preceded the scooters but fizzled out in 2018. At the program’s peak, as many as 20,000 bicycles once rolled through the city.

City officials will meet with the scooter vendors and community leaders and come up with recommendations to make the scooters as safe as possible to all, he said. That includes adding corrals where people can leave the scooters.

The Life or Death Decisions of Autonomous Vehicles

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Though not seen often – yet – autonomous vehicles are on the streets bringing the advantages of artificial intelligence (AI). The goal is to make driving decisions without the human tendencies toward distraction or impaired driving. These autonomous vehicles also must make life or death decisions when an unexpected event occurs. On what basis are these critical decisions made? Can this be programmed into a software driven car or truck?

Autonomous Vehicles Making Life or Death Decisions

Can moral decisions be programmed? If a self-driven car judges a potentially fatal accident is imminent, does it choose to sacrifice passengers or pedestrians? Does the number in each group matter; two passengers or five pedestrians? What if the passengers include a child and the pedestrians comprise a group of elderly citizens? Should it endanger passengers to avoid hitting an animal? These and millions of other difficult scenarios have been discussed for years. There is even a website platform, the Moral Machine, created by MIT Media Labs where anyone is invited to make judgements in these situations. So far, people in over 200 countries have contributed.

What does data show?

Interesting data has been uncovered from the Moral Machine regarding the decisions people would make. In general, there is a consensus to save children over adults. Yet, in Far Eastern countries, the elderly would be saved first. So, even areas of the world come to different decisions – Western, Eastern, Southern – especially in complex situations.

Nicholas Evans, philosophy professor at the University of Massachusetts, writes, “You could program a car to minimize the number of deaths or life-years lost in any situation, but then something counter-intuitive happens. When there’s a choice between a two-person car and you alone in your self-driving car, the result would be to run you off the road. People are much less likely to buy self-driving vehicles if they think theirs might kill them on purpose and be programmed to do so.” What people say in surveys versus what they would want to happen if they, or loved ones, are involved varies greatly.

Though extremely difficult to program to fit so many scenarios, there must be moral programming for the AI to make the autonomous vehicles accepted. This is especially true since there is not a global consensus for the morality of any given situation. In addition to life or death decisions, the vehicle is computing routes, traffic, obstacles, speed, condition of vehicle and countless other parameters.

What is next?

The ultimate goal is reducing accidents exponentially. Until almost all vehicles are controlled by AI and can interact, that will not happen. Even then, everyone who has anything electronic knows that there can be bugs and glitches, service going down, hackers, and the unknown.

Once there is an accident, there will need to be a decision on liability. These computer-driven vehicles will be equipped with essentially “black boxes” that record the previous 30 seconds or so of data. This information will make it easier to reconstruct what occurred, but who is to blame? What stage of the vehicle’s development created this accident: software developer, vehicle manufacturer, communication provider, or one of the other multiple vendors supplying parts?

Much is still unknown as this is a huge change in transportation globally. As more and more of these vehicles are introduced to our streets and highways, data collected will lead to more answers and probably more questions as well.  

Uninsured and Underinsured Motorist Coverage

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It is a sad situation when a victim of a serious car accident discovers that their auto insurance policy doesn’t provide them with the type of protection they need.  Or, if the insurance company for the person at fault denies coverage for the collision.

Although the law requires that all Texas drivers have auto liability insurance, not everyone follows the law.  In some instances, many drivers only carry the minimum auto insurance requirement, which is $30,000 per person and $60,000 per accident.  If you are involved in a car accident, your medical bills alone can exceed $30,000.00.  Your auto liability insurance policy alone won’t help you recover those medical costs if the driver at fault either didn’t carry insurance or didn’t carry enough to cover your damages.  In that situation, if all you have is liability insurance, through no fault of your own you would be on the hook for your own damages, like your medical bills.  That’s where Uninsured/Underinsured Motorist Coverage comes into play.

Even if you’re the most learned and careful driver on the road, your skills won’t protect you alone from other drivers with no insurance or not enough insurance.  You should consider UM/UIM (uninsured/underinsured) auto coverage.  With UM/UIM coverage, you’ll be able to recover your losses such as medical bills or lost wages.

In Uninsured Motorist coverage in an auto policy, you are essentially buying auto insurance for another driver who causes an accident and did not have auto liability insurance of their own.  In Underinsured Motorist coverage, claims are paid up to the policy limit of the underinsured driver and the insurance company pays the balance of the coverage that you purchased in your policy.  In other words, if the underinsured driver was only able to cover $10,000 in your damages, and your policy limits for underinsured drivers with your insurance company covers damages up to $60,000, the insurance company is required to pay the remaining amount of damages after the first $10,000 is collected from the other driver’s insurance.  

UM/UIM insurance also covers you and any household family member riding in any car as well as any non-family members riding in your insured auto.  Most UM/UIM policies will provide coverage for hit-and-run accidents, as long as there was physical contact between the vehicles and the accident was promptly reported.  Typically, UM/UIM coverage will pay for losses including medical bills, personal injuries, lost wages and property damage.

Although Texas law does not require you to purchase UM/UIM coverage, your insurance company must get you to sign a valid written waiver in order to exclude the coverage from your policy.  Many drivers carry UM/UIM coverage without even knowing it, and some drivers think they have it even if they don’t.  Those who choose not to buy UM/UIM coverage should think again.  It is usually quite inexpensive, even as little as $43 per year, and can provide much needed coverage if you are injured in an accident with an uninsured or underinsured motorist.

So, if you are a Dallas resident, you should check to see if you have UM/UIM insurance coverage.  Should the unfortunate happen and you are involved in a wreck on the Dallas roadways, UM/UIM coverage will provide you some insurance protection if the driver at fault is either uninsured or underinsured.

Personal Injury on Your Property: What is Covered?

Dallas Electric Scooter Rentals May Lead to Injuries

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Dallas electric scooter rentals have been very popular, with nearly 4-million rental rides tallied since they first debuted in June, 2018. Until the time of COVID-19 and the eventual quarantine, an ever-increasing number of electric rental scooters were seen zipping around Dallas. As public health precautions began in earnest, two of the scooter companies, Ojo and Lime, temporarily removed their dock-less vehicles. That possibly left fewer than half of the 13,000 scooters deployed before the coronavirus pandemic shut down Dallas.

In addition to the reduction due to the quarantine, numbers dropped further because of people staying at home and social distancing. Along with the factors noted above explaining the drop of electric scooter rentals, are the stricter guidelines, newly passed, limiting the use of the scooters.

Even with the new limitations, reports about serious accidents that can occur with these scooters – truly motorized vehicles – still present safety and legal issues.

Stricter regulations with Dallas electric scooter rentals

New stricter regulations that deal with these rentals now include a 20 mph speed limit, a ban on rides after midnight – even 9 p.m. for some areas – and fines for companies if they leave a vehicle parked incorrectly. These new rules also ban riding scooters on sidewalks and impose a $200 fine on riders who don’t follow the rules.

Even with the recent limitations on the use of scooters, there are still issues with their speed and the resulting injuries.

Hospital reports of injuries seen due to motorized scooters

The Emergency Department at Baylor University Medical Center in Dallas has tracked scooter mishaps and found 57-percent of injuries happened after 7 p.m.  For those who showed up at the ER, 58-percent had broken bones, 43-percent had facial injuries, and 35-percent suffered brain injuries. In total, Baylor recorded 322 emergency room visits from July 2018 through September 2019 – 55 of those visits required hospitalization, including 14 ICU patients and one reported death.

Dallas is not unique in in this matter. Around the nation, ER doctors have pointed out an increase in the number of serious accidents that accompany the rise in use of motorized scooters.  These statistics are probably low as it should be remembered that not everyone who gets in an accident involving an electric scooter is going to go to the ER or call 911. 

Causes of electric scooter accidents

In some scooter accidents, the scooter operator is inexperienced and simply loses control and crashes. In this type of accident, there generally is no possibility of a personal injury claim since the operator was at fault. Though, in some circumstances, it is possible that a lawsuit could be brought if it can be shown that the manufacturer, or company that rented the scooter, did not provide sufficient warnings and/or instructions about how to use the scooter safely.

Other accidents with electric scooters may involve automobiles. If a car driver does not yield to a scooter rider in a crosswalk, the rider could be entitled to serious compensation for injuries sustained. In most of these automobile-scooter crashes, the scooter rider suffers serious injuries, such as broken bones, head trauma, and internal injuries.  When this type of collision occurs, the rider could be entitled to compensation for medical bills, pain and suffering, and lost wages.

Will electric scooters survive COVID-19 and stricter rules?

It remains uncertain whether the electric scooter rental market will survive COVID-19 and the new stricter regulations at all, much less at the level it had attained.

Regardless of their future, the scooters can present significant safety and legal issues that cannot be understated.  

Statistics on Vaping-related Diseases and Deaths Rise

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Statistics on vaping-related diseases and deaths rise almost daily, it seems.

  • On August 23, the first vape-related death was found. This patient used vaping for the nicotine content.
  • Another five deaths were reported within a month – some using vapes containing THC, others nicotine.
  • On September 11, the Trump Administration pushed for a ban on all flavored e-cigarettes in the US because of the attraction to under-aged youth.
  • By September 12, The Centers for Disease Control (CDC) reported a confirmed 26 states reported 380 cases of illness from vaping in addition to the six deaths.
  • September 15, Governor Andrew Cuomo of New York announced the first state ban on all flavored e-cigarettes, except tobacco and menthol. Michigan followed with their statewide ban.
  • By September 26, The CDC stats rose to 805 cases of lung injury in 46 states and one territory. The death toll was 12 people.
  • By October 4, the FDA published a statement, “[T]he agency believes it is prudent to stop using vaping products that contain THC or that have had any substances added to them, including those purchased from retail establishments. Simply put, inhaling harmful contaminants in the lungs could put a patient’s health at risk and should be avoided.” The FDA warning included purchasing vapes containing THC from retail stores or on the street.

Vaping-related diseases and deaths in Texas

These confirmed cases may be the first wave of a tsunami of illness and death from these innocent-appearing and marketed devices. It is notable that September 25th, the CEO of Juul, Kevin Bruns, stepped down from his position. Juul launched in 2015 and by 2017 had a larger e-cigarette market share than any other competitor, including the major tobacco companies. At the time Bruns resigned, Juul published a release stating Juul “suspended all broadcast, print and digital product advertising in the US.”

As of October 9th, 95 cases of severe lung diseases were reported by Texas health officials. These patients reported vaping before symptoms began. One person died as a result according to the Texas Department of State Health Services (TDHS). Another 28 deaths possibly involving vaping are under investigation. These patients are between 13 and 75 years of age, with a median age of 22. One quarter of patients are minors. TDHS reported approximately 9 in 10 cases vaped marijuana or THC, though the dangers of nicotine are not insignificant and much is still to be researched.

Texas is a big state, with many students in the vulnerable ages of the vaping trend. The Texas A&M University system now bans e-cigarettes and vaping in every “building, outside space, parking lot, garage and laboratory” according to John Sharp, chancellor of the Texas A&M system – this means all properties, not just the 11 universities. The University of Texas system also banned vaping in an overall tobacco ban in 2017, however, the American College Health Association recommends institutions go further. Since the wording might be misconstrued as applying only to traditional tobacco products, the association believes the wording must reflect strict no-tobacco language and include all methods of smoking, including e-cigarettes and vaping. 

Will the bans help?

A USA TODAY/Ipsos poll showed 80% of people agree purchasing of vaping devices should not be allowed for people under 21. 59% of respondents believe the ban will lead users to the black market, while 82% of vapers think that is true. Users also say government regulations will not reduce users, according to another survey.

If you are vaping, consider your health and that of those around you. Statistics are not in your favor.