Texas Truck Wreck Attorney Blog

A 25-year-old man died in an accident with an 18-wheeler today on a Denton County Highway, just north of Dallas.

The wreck happened about 3:30 this morning on US Highway 380 and closed the road until 11 am. Texas State troopers routinely investigate fatal truck accidents in Texas. Generally, a reconstruction expert is dispatched to the scene, which most of the time is digitally surveyed and documented.

When the cause of the accident is not readily apparent troopers will spend a significant amount of time with the reenactment of the wreck. For a trooper to qualify to reconstruct an accident many classroom hours and on the job training is required.

Even after classroom training, some officers may not be able to offer expert testimony on the cause of an accident or of fault. The old case of City of Austin v. Hoffman, 397 S.W. 2d 103 (Tex. Civ. App-Austin 1964) stands for the proposition that an officer by status of policeman alone is insufficient to offer expert opinions on reconstruction issues at trial.

It is well settled Texas law that the judge shall determine to admissibility of expert witnesses such as opinion testimony from investigating troopers.

The experienced truck accident attorney will retain independent expert witnesses to make sure that necessary causation testimony comes into evidence and to add to, reinforce and sometimes to rebut the testimony of officers called to testify concerning responsibility for the accident.

A tanker truck carrying fuel crashed on the South Loop near highway 288 in Houston.
The truck which turned over was one of 10 vehicles involved in accidents at the site. Two people were taken to local area hospitals.

Major delays resulted from the truck accident in Houston.

Clearing a truck accident where fuel has spilled on the roadway can be a time consuming process. Usually, Haz Mat crews are dispatched to insure that the fuel is cleaned up so as not to create a dangerous condition. Fuel on the roadway can made the roadway as slippery as ice and impossible for a driver to foresee.

Fire departments and Haz Mat crews use compounds and or/ sand to reduce the likelihood of a motorist sliding out of control after hitting a patch of fuel on the roadway.

Slick streets contributed to numerous automobile accidents last night with Nacogdoches police responding to 23 accidents and Lufkin officers at the scene of 11 wrecks.

While we Texans (particularly those of us in south and east Texas) are not used to driving on snow- a few safety tips from Washington State Department of Transportation provide guidance for driving on ice or snow to avoid automobile accidents.
• Drive with your headlights on.
• Don't get overconfident with four-wheel drive. It won't help you stop any faster.
• Winter road conditions often result in longer stopping distances. Give yourself room. If you have anti-lock brakes, press the pedal down firmly and hold it. If you don't have anti-lock brakes, gently pump the pedal.
• Slow down when approaching intersections, off-ramps, bridges or shady spots. These all have potential to develop black ice.
• Avoid abrupt actions while steering, braking or accelerating to lessen your chance of losing control.
• Look farther ahead in traffic. Actions by other drivers will alert you to problems and give you extra reaction time.
• Trucks take longer to stop. Don't cut in front of them.
• Avoid using cruise control or overdrive. Don't let your car make a bad decision for you.
While snow is more often a novelty for many Texans, please remember extra caution is needed when travelling on snow or ice.

Recently, a Houston area woman was sentenced to 30 days in jail and probation over allegations that she was talking on her cell phone moments before the auto accident that resulted in a fatality.

Prosecutors expect more cell phone records to be subpoenaed in the future in car accident death cases. Texting, email, and cell phone use are the subject of numerous studies and most show a direct correlation of hand held devise use and auto accidents on the roadway.

In Houston, several city officials have been reported as supporting a ban on
texting while driving.

In civil cases personal injury lawyers will also be subpoenaing cell phone records in an effort to show fault for the accident and keep the insurance company from shifting blame to the innocent victim of an auto accident. I expect defense attorneys to be seeking the plaintiff's cell phone records in some Houston injury lawsuits.

Some judges may not be receptive to discovery of cell phone records without an inference or basic showing that the cell phone was in use at the time of the auto accident. However, if witnesses have a cell phone in use near the time of the car wreck those records should be discoverable.

If a person can be sent to jail for texting or cell phone use when an accident happens, is Texas behind the curve in regulation of texting while driving?

You have been hurt in a car accident, and the other persons insurance company is on the phone- what do you need to know?

First, you need to understand that the insurance adjuster is on the other side and wants to pay you as little as possible. Do not trust that the adjuster has your interests at heart-they don't.

Second, what you say truly can hurt you. It is important to be truthful, with the insurance adjuster and it is best to talk with a Houston car injury claims attorney prior to giving any recorded statement.

Third, follow up with your doctors and heed their treatment advice. Large lapses in treatment will result in the insurance company discounting your claim.

Forth, get photographs of the automobile accident site, the damaged part of your car, the other person's car and any visible injuries.

Fifth, keep all paperwork, witness names and numbers, the officers name and case number and of course the insurance information of the other driver.

Sixth, realize that your own auto insurance policy may provide benefits to you independent of the at fault drivers insurance in car accident injury claims. You pay for it- if you have it, use it.

Seventh, just because, you were released from the emergency room does not mean you are going to be fine. Emergency rooms are designed for emergencies, not ongoing treatment and x-rays do not show some common serious spinal cord injuries like herniated discs on Ct scans or MRI will diagnose a bulge or herniated disc. If you still are having issues go to a doctor of your choosing.

Eighth, never ever contemplate setting your auto accident injury claim until you have been released from your doctor and feel fine, or you have a good handle on what the future will be medically.

Ninth, unless your case is one where the insurance company has big exposure-(a drunk driver hits you, you had to have surgery from the accident and have big bills, you were hit by an 18 wheeler that was at fault in a major wreck) your auto accident injury claim will be just another claim in the computer to the adjuster.

Tenth, if you have been seriously injured, get a no obligation consultation with a reputable Houston car accident injury claim lawyer.

Many of my clients who were injured in Houston car accidents, have asked the same question- can I trust the adjuster? The adjuster is at first very friendly, and frankly, the more serious the injury or liability factors (such as getting hit by a drunk driver), the friendlier the adjuster will become.

The real truth is the insurance adjuster is your adversary, and if the adjuster pays you pennies on the dollar, he or she may receive bigger bonuses, or promotions for saving the insurance company money.

Watch out for Adjusters Tricks

When you are dealing with an insurance adjuster, watch out for the tricks of the trade. Being friendly and nice is just part of the techniques adjusters have been trained to use. Watch how quickly things change when you start talking about money. The friendly, nice adjuster suddenly turns into a hard cold person.

Watch out for statements, as what you say will definitely be held against you. I recommend that you do not give statements. If you do give a recorded statement don't volunteer any information, tell the truth and don't exaggerate your injuries, but don't leave any injury out either.

With serious injury get advise from a reputable injury lawyer

If the accident was a serious one and you or a loved one has suffered a catastrophic injury, you should contact a personal injury attorney before you talk with any adjusters. The more money at stake, the more aggressive in tactics is the insurance company. Many times in serious injury cases, the adjuster will "accept liability" and make promises to take care of you. Do not fall for it.

The insurance company is trying to settle with you for as little as possible. If your case is serious, you can do a lot of damage to the case by trusting the adjuster, only seeking help after the damage has been done, and the adjusters true colors shown.

A new wrongful death case has been filed recently in Dallas against Toyota alleging problems the Toyota car was defective and unreasonably dangerous due to acceleration problems.

Several personal injury lawsuits have been filed in Texas against Toyota, since the massive recall was announced. Case has been reported in Houston, Dallas and Marshall Texas and many suspect many more will follow.

Toyota announced a sticking accelerator petal recall around mid January and the recall has been surrounded in controversy. Recently, a representative of Toyota has been asked to testify before congress. In another development, a congressional committee has subpoenaed internal documents relating to safety issues from a former national counsel for Toyota. Toyota previously obtained an injunction against the former representative prohibiting him from disclosing documents, however the injunction should not affect the congressional subpoena.

Reportedly, the former counsel is critical of Toyotas handling of safety issues and personal injury litigation.

Most serious injury and wrongful death cases involving an 18 wheeler are investigated at the scene by the Highway Patrol or other police officer as well as insurance company for the truck driver and trucking company. 

Typically hundreds of photographs are taken; the scene is surveyed digitally to show important pieces of evidence such as skid marks and vehicle parts.

 It is very important that the victim's family secure a real truck accident attorney (one with a long track record of success with truck accidents) and not just an attorney who wants to handle the case or claims to be a truck accident lawyer.  The earlier the family retains a truck accident lawyer the better for the truck accident lawsuit. If an attorney can not quote sections of the Federal Motor Carrier Safety Regulations, by heart- you have the wrong person. 

Many trucks now have GPS devises or "trip master" computers onboard that record important information such as speed, braking and hours of operation and the victims family needs an attorney who is knowledgeable about such matters and prepared to act quickly to preserve important evidence and also one who has a quick response team ready to get to the scene of the wreck.

Many times issues such as the condition of the tractor-trailer, including brakes, loaded weight and non compliance with the safety regulations like hours of operation are very important in establishing the proper responsibility for the accident. 

Investigation of 18 wheeler accidents should be handled by attorneys well versed in the regulation of trucks and drivers and experienced in reconstruction of 18 wheeler accident cases. 

A lawyer investigating an 18 wheeler accident where braking is an issue should have a through knowledge of the air brake systems of both tractor and trailer, proper slack adjuster settings, and be well versed in the application of the Federal Motor Carrier Safety Regulations applicable to brakes.

On the ground evidence such a braking, yaw or skid marks and marks showing the point of impact can be very important as the insurance companies for the truck driver always try to shift responsibility to others, and primarily the victim for the accident.

Most folks assume the because a ticket was issued that the matter of liability is settled-that is the case, very seldom do tickets do not come in to evidence in a wrongful death case with an 18 wheeler. 

Gathering irrefutable facts from the scene as soon as possible is the proper course of action for defeating the insurance companies blame shifting defenses.

When a passenger car goes under the rear of the taller truck or under the side of the trailer the accident is called a truck under ride crash. Federal regulations dictate the use of rear guards for newer trailers however nothing is done for side under ride accidents. The smaller cars in effect go under the trailer and the bottom of the trailer impacts the window and above which leads to significant occupant injury.

Unfortunately, decapitation is one outcome that we see frequently in under ride accidents particularly at highway speeds. In certain circumstances, a product case may be available relating to the manufacture of the trailer involved in the wreck.

If you have lost a loved one in an under ride truck accident, contact an experienced truck accident lawyer.