Texas Truck Wreck Attorney Blog

The National Transportation Safety Board has weighed in on the controversial topic of maximum speed limits on the nation's highways. Using an automobile accident that occurred on a Texas highway that claimed seven lives as an example - they note that most of America's roadways were designed for a maximum speed of 60 miles per hour.

The circumstances surrounding the crash may have been avoidable in hindsight. A motorcoach failed to negotiate a stop on wet pavement in foggy weather upon cresting a hill and finding traffic stopped ahead, crossed the median and collided with a van on the other side of the highway.

Frankly, these are difficult stories to relate - the loss of life is real and always painful. The only glimmer of hope that comes from automobile accidents such as these is that accident reconstruction experts can usually determine the cause of the collision and recommendations about highway safety may safe lives in the future.

Such is the case here. The NTSB found that many of our roadways across the country need to be updated to provide for safer driving at higher speeds.

NTSB urged the Federal Highway Administration to work with the States to put together an inventory of stretches of interstate that were not designed for current speeds.

The next step, the NTSB said, is for the FHWA to work with the States to correct the problem. Certainly this will take time and money - but what is that compared to seven lives?

Continue reading "Speed limits and highway design" »

A one-year-old child was fatally injured in a truck accident yesterday and his mother injured as well. The Highway Patrol indicates that the mother span was traveling east eastbound when hit by a westbound semi truck that.

According to authorities, the van driver turned left and was hit by the truck, which was passing on the shoulder of the road, to get around another semi truck that had stopped to make a turn.

Miraculously, a two-year-old brother survived the truck wreck, although his condition is unknown. The truck driver was unharmed.

This is another tragic example of what appears to be a truck driver in a hurry to get to a destination. The Federal Motor Carrier Safety Regulations are designed to protect the public by setting specific hours of service which a truck driver can be driving a rig.

It is very basic highway safety that motorists should not use the shoulder of the road to bypass another vehicle.

While this same fact pattern could have resulted in serious injury or death if the vehicle passing on the shoulder was a car, injury is much more likely with an 18 -- Wheeler.

Commercial truck drivers are just that, professional drivers, and as such are held to a higher safety standard in some cases.

It is especially disheartening to learn of a young child's death do to an accident that most likely could have been prevented.

Continue reading "Toddler dies after crash with 18-wheeler" »

The majority of newer cars in the U.S. today have event recorders or event data recorders also known as black boxes.

Given the Toyota unintended acceleration publicity recently, the issue of black boxes is coming in to better focus. The event recorders were originally developed to deal with aircraft accidents, and later adapted to monitor air bags in automobiles.

Not all cars or trucks have event data recorders, and some but not all manufacturers have taken great lengths to insure that the event data is not recoverable by anyone other than the manufacturer.

The National Highway Traffic Safety Administration developed a rule requiring that if an event data recorder is part of the car, or pickup truck that specific information needs to be collected. However that rule does not go into effect for several years and does not require any vehicle have a black box.

In auto accidents and truck wrecks event data provides very useful information when it is accessible by authorities or by accident lawyers where on the plaintiff side or the defense.

Many accident reconstructionists have the ability to download event data on many newer cards and trucks. It is particularly helpful as many times a car accident happens unexpectedly, in a matter of split seconds and it is sometimes difficult for the injury victim to recall or relate accurately exactly what happened in the crash.

Continue reading "Does you car have an Event recorder? " »

Semi-truck accidents in Texas are all too common. Some estimates place the number of big rigs on Texas roads at 3 million annually.

This is the equivalent of 570,000 railway cars and with numbers this high there are definite consequences. Certainly this includes wear and tear on the infrastructure but more importantly our concern is the human impact.

For example, only a week ago a near fatal injury accident occurred near Houston on interstate 75 between a semi-truck and several passenger vehicles. It was a clear day and for all practical purposes the following scenario should not have taken place.

Due to heavy rush hour traffic a small bottleneck appeared on the highway causing drivers to slow. The semi-driver claims he did not see or realize that the automobiles in front of him were decelerating until he was nearly upon them and it was too late.

According to eyewitness reports the semi-truck was traveling northbound when it smashed into two vehicles before swerving across the median and into the southbound lanes of I-75 where it came to rest in front of a rest stop.

One passenger was airlifted to a nearby medical facility and over a hundred gallons of fuel spilled onto the roadway and surrounding area. The passenger cars were a complete loss.

Frankly, it is a miracle there was not greater loss of life and property damage in this case. It is certainly easy to realize that the potential for a greater catastrophe was averted.

It's times like these, though, that one can see the necessity for real truck accident attorneys who know trucking regulations and are trained to litigate the unique circumstances of a semi-truck accident.

Continue reading "Semi-truck accidents are frequent in Texas" »

While it is at the least disheartening to realize that one of the responsibilities of a government organization is to maintain fatality statistics related to highway deaths, in fact that is one of the reasons for the existence of the National Highway Traffic Safety Administration.

The average Texan believes that a truck accident would never strike their families. But one look at the numbers and it becomes immediately apparent that safety on Texas highways is often not much more than a crapshoot.

Let us consider the data truck accident data for Texas from 2004 to 2008. According to the NHTSA the number of 18 wheeler fatalities has shown an annual decline from a high of nearly 3700 to the most recent figure of slightly less than 3400. This drop of 300 represents an increase in saved lives due to a combination of factors and clearly is a step in the right direction.

At the same time, NHTSA data also reveals that Texas rates well above average in alcohol related highway deaths and drunk driving accidents.

In addition, Texas ranks well above the national average in fatalities where the front seat passenger was using a seatbelt, which may be attributed to higher speed driving. Each of these areas needs focus, from all of us, from the Texas legislature on down.

Finally, one of the focal points of this blog is anything related to semi-trucks including safety, accidents and deaths. The NHTSA data confirms that deaths from semi truck accidents in Texas hover around two percent of the annual total fatality figures.

To my way of thinking, highway safety is a collective concern and we all need to understand that with a blink of an eye, an 18 wheeler accident can devastate a family.

Continue reading "Truck accident deaths account for 2% of Texas auto fatalities " »

A trucker who hit a Department of Transportation truck in the rear in a truck accident was arrested for drunken driving Tuesday morning, according to reports. The DOT employee was taken to the hospital with personal injuries.

The Department of Transportation was created in 1966 to aid transportation safety in the United States. One of the several safety agencies of the DOT is the Federal Motor Carrier Safety Administration, which promulgates rules and regulations for truck drivers and trucking companies.

The truck driver running into a DOT truck after having been drinking is like someone drinking and hitting a police car from behind.

The Federal Motor Carrier Safety Regulations are very strict in what happens after a truck accident and the ramifications for a trucker taking the wheel while impaired are clear.

The size and weight of tractor trailers make them very dangerous in an accident and drinking and driving by a professional driver is in a word-reckless. In Texas drinking drivers, particularly truck drivers can be subject to pretty harsh penalty especially in serious injury or wrongful death cases.

Continue reading "Trucker driver hits a DOT truck and gets arrested for DUI" »

With the significant impact that comes from an 18-wheeler accident one of the most common injuries we see are spinal cord injury. Many times folks are rushed to the emergency room and later released when the x-rays do not show a fracture of the spinal cord. Unfortunately, all to often what the truck accident victim fails to understand is that x-rays do not show some very serious conditions such as bulging discs or a herniated disc. For that diagnosis a more advanced test is required either an MRI or a CT scan.

A serious spinal cord injury can be a nightmare for the victim of a semi truck accident. Frequently, long hours of physical therapy are required and it can be very expensive. With more serious back or neck injury, pain management, rehabilitation and surgery can run from tens of thousands to hundreds of thousands of dollars.

Lost income during the recovery period also challenges the truck accident victim.
Add to that the human damages of suffering through surgery, recovery or rehabilitation and the toll can be very large.

The neurological damage that accompanies spinal cord injury is of special concern in many serious spinal cord injuries. It is the axons or extensions of the nerve cells that act as electrical cords between the brain and the rest of the body that complicate the care, treatment and recovery of a spine injury.

Sometimes, damage to the axons is slight and complete or almost complete recovery can be abstained, other times complete or partial paralysis results.

All in all, serious spinal cord injury can be devastating to the truck wreck victim and their families. Even with excellent health insurance, it economic impact can be high. And a positive mental attitude is very important in dealing with the recovery or disability from a serious spinal cord injury.

Do you buckle up? Every time? Recent studies show that seatbelt use has a significant impact on injury potential from automobile accidents.

NHTSA reports that seatbelt use in 2008 was at an all time high of 83 percent and correspondently, the percentage of fatalities from car accidents have declined since 2000.

Much of the increased use of seatbelts is attributed to individual State laws which require seatbelt use (such as Texas), and also the success of the "click it or ticket" advertizing campaign.

In a Texas auto accident lawsuit the nonuse of a seatbelt is an issue in the litigation and the judge or jury may attribute fault for the injury to the injured automobile accident victim who did nothing wrong in the car wreck but just was not wearing his or her seatbelt.

If the judge or jury attributes some percentage of the injury for not wearing a seatbelt, that finding will reduce the money award to the victim. If over 50 percent of the injury is attributed to not wearing of a seatbelt, the victim will not recover money from the car accident lawsuit, even when the person was not a fault for causing the car accident.

In Texas, it against the law not to buckle up, and studies show seatbelts do reduce injury potential and the risk of death in automobile accidents. Not only can a seat belt reduce the risk of injury, but failure to wear a belt can adversely affect a personal injury case as well.

Continue reading "Seatbelts really do prevent injury in car accidents" »

A long time veteran of the sheriffs department died this week in a car fire after being struck by a tractor-trailer. The officer was 68 years old when the truck accident took his life.

The deputy's pickup truck burst into flames on impact from collision with the 18 wheeler.

The semi truck driver was not injured in the wreck.

The Highway Patrol is investigating the cause of the truck wreck; however the initial investigation found witnesses who said the deputy pulled out in front of the semi truck.

According to reports, the truck driver did apply his brakes and I am sure that the condition of the brakes and the truck driver's reactions will be examined by authorities to see if the accident could have been avoided.

Computer models are used in conjunction with reconstruction formulas to determine the speed of the 18 wheeler at the time of the crash. Some 18 wheelers also carry what is sometimes called a "black box" or an onboard computer or 'trip master' devise which is capable of printing out the speed, braking activity and other accident information, provided you have the proper software to download the information.

In the investigation of an 18 wheeler accident obtaining any available computer data is mandatory. Also inspection of the brakes on the tractor-trailer as soon as possible after the crash by a qualified truck accident expert is critical in evaluating a truck accident case.
http://www.news-press.com/section/videonetwork?bctid=71010760001

An 18-wheeler tractor-trailer was cut in half by a train today just outside of Fort Worth, Texas. A passenger on the train suffered injury in the accident, the extent of which is not known at this time.

The tractor-trailer was crossing the railroad tracks at a crossing when the trailer got stuck in the tracks, according to officers. The truck driver was outside of the truck looking at the situation when the train literally cut the tractor-trailer in two with the load of insulation strewn about the scene.

While police will be investigating the cause of the truck accident and writing the official crash report for the accident, one would assume that the condition of the rail road crossing would face careful scrutiny in the analysis of the cause of the incident.

Fortunately, the truck driver was not in the truck at the time it got hit by the train, as most train accidents with vehicles are fatal for the motor vehicles occupants.

According to the Federal Highway Administration in 2007, 299 people were killed at highway railroad crossings and 817 people injured. Just as an accident with a tractor-trailer is usually very serious due to the sheer weight of the trucks, accidents with trains are even more likely to seriously injure or lead to a fatality. Be extra careful at railroad crossings.

Continue reading "18-wheeler hit by train in Fort Worth" »

Senate Majority leader Harry Reid's family has been through a terrible accident today. According to reports, Landra Reid 69, suffered serious neck and back injury when she and the couples daughter, Lana were rear ended by a tractor trailer on a Washington DC area highway.

Mrs. Reid reportedly has a broken back, broken neck and nose and Lana suffered facial injuries and a neck injury from the truck accident. Mrs. Reid is being treated at an area hospital.

Mr. and Mrs. Reid have been married since 1959 and our hearts and prayers go out to the Reid family.

In an truck accident described as one of the worst investigators had ever seen, a Chrysler 300 exploded after hitting the rear of a big truck. The car burst into flames and two occupants were killed. The truck driver who was 73, at the time sustained a minor head injury.

It took rescue workers hours to separate the vehicles and try to determine who was in the Chrysler 300. Later investigators determined that and a man and a woman were killed in the truck wreck.

The carnage from the wreck is truly shocking.

In a separate truck accident a Toyota struck the rear of a disabled tractor trailer, rolled over and burst into flames, killed the driver according to reports. The highway patrol is currently investigating the accident.

Both these fatal accidents involved striking a truck from the rear and car fires.

FMVSS 301 sets the standard for fuel system integrity and was enacted to reduce injury and death due to motor vehicle fires.

According to nhtsa motor vehicle fires are fairly rare occurring only at a rate of 3 per every 100 vehicle crashes, with over 23,000 car fires every year from car accidents with over 1300 fatalities in car fire accidents.

Continue reading "Car explodes after rear ending tractor trailer" »

Today a car was pinned under an 18 wheeler near the entrance to the interstate, but the driver of the car escaped serious injury according to 6abc action news. Traffic was stopped and a light pole taken out in the truck accident.

The car was trapped under the trailer of the 18 wheeler in what truck accident lawyers call an under ride accident. Most times under ride accidents result in very serious injury or death. Given sufficient speed the leading edge of the truck trailer acts like a knife through warm butter with the top of the car.

In some instances, a product defendant who manufactured the trailer is named in the truck accident lawsuit under a defective design allegation.

Most times however with a serious injury or wrongful death truck accident under ride case the conduct of the truck driver and the trucking company and not the manufacturer of the trailer, become the focal point in the truck wreck litigation.

Continue reading "Driver escapes injury when his car is pinned under 18 wheeler" »

A tour bus accident on Interstate 10 injured or killed everyone on board in a rollover accident. Investigators at this time have more questions than answers on the terrible accident.

The bus, which was bound for Los Angeles, had crossed into Texas at El Paso and was on the way to Phoenix where a new driver would take over. Federal officials indicated that the bus was operating illegally, and was not authorized to operate interstate transportation because the company's application was turned down, it was reported.

Historically, governmental officials from the National Transportation Safety board will complete the investigation into the cause of the commercial vehicle crash before any civil or criminal charges are filed.

The next step in the investigation (which is expected to take weeks, if not months) is to examine the bus to determine if mechanical failures played a role in the fatal truck crash. "Its going to be tough to say because the bus is in shambles" DPS spokesperson Robert Baily said.

The accident scene was described as like an airplane wreck, with bodies and bus parts everywhere. The bus roof was caved in and all the windows were knocked out.

Numerous injury victims were taken to the hospital with head injury, spine injury and broken bones prevalent. One of the bus drivers was admitted into the intensive care unit. 18 people were injured in addition to the 6 who died in the commercial vehicle accident.

Many of the survivors or the truck wreck sustained very serious injury and many were taken to several different area hospitals due to the number

A Texas woman had to be cut from her car after an accident with a tractor trailer. The truck accident happened on Texas Highway 90 outside of San Antonio.

According to reports, the truck driver was slowing down when the woman crashed into and under the big rig trailer. The truck wreck was so severe that it took rescue workers over 30 minutes to extract the woman.

Driving behind a semi truck requires extra caution because most of the time a driver following the 18 wheeler can not see traffic slowing down in front of the truck.
The Baumgartner law firm has prosecuted both truck accident wrongful death cases and serious injury cases involving a tractor trailer traveling to slow on a highway.

Section 393.11 of the FMCSR provides requirements for reflective devises on 18 wheelers. Not all trucks comply with the equipment rules the law requires.

Trucks and the trailers they tow have very specific requirements regarding lighting and reflectors, which regulations are designed to protect the public and require diligence from professional drivers.

Additionally, if a truck becomes disabled out side a city street, the truck driver has mandated steps to take to keep other drivers from hitting a stopped truck in the rear.

We have successfully handled many Texas wrongful death lawsuits where a truck driver stopped on or partially on the traveled portion of the highway but failed to activate hazard warning signal flashers and or failed to put out warning devises (cones or triangles)

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Most serious injury and 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 an attorney with a track record of successfully prosecuting truck accident cases as early as possible before critical evidence disappears or is "lost".

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 truck wrecks. 

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 not the case. Very seldom do tickets come in to evidence in a Texas wrongful death case involving an 18 wheeler or a car accident.

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

An 18 wheeler ran off the road, taking out a guardrail and overturning spilling diesel fuel and requiring a haz mat team help with cleanup. The truck driver fell asleep at the wheel and caused the wreck.

While firefighters were able to clean up the fuel spill, at least 3 other car accidents were attributed to wreckage from the 18 wheeler.

Part of Interstate 10 was closed for 12 hours as a result of the truck wreck.

The Federal Motor Carrier Safety Regulations have very specific limitations in which a commercial driver can be on duty or driving a tractor- trailer. The hours of service rules provide a truck driver may drive a maximum of 11 hours after having at least 10 hours off duty. Further, a commercial driver subject to the FMCSR may not driver past the 14th hour after coming on duty, following 10 hours off duty.

The trucker driving limitation rules were enacted to protect the public from fatigued or inattentive truck drivers who have been on the job or behind the wheel to long to be effective driving safely.

Texas has adopted the Federal Motor Carrier Safety Regulations and a violation of such is often a sliver bullet in a wrongful death case or a Texas truck accident injury lawsuit.

Continue reading "18 wheeler causes wrecks on Interstate 10 near Victoria, Texas" »

One child died and another child was listed in critical condition after a drunk driver smashed into the rear of the rear of the car at a traffic light. The impact was so sever it rammed the car into the intersection where the car was hit by another truck.

The driver of the truck that hit the car from the rear was a 60 year old man who was arrested on several charges, including, second degree murder, DUI, involving great bodily injury and other charges, according to reports.

The drunk drivers license was suspended at the time of the wreck.

Continue reading "5 year old boy killed by drunk driver" »