Texas Truck Wreck Attorney Blog

Scherz was named the best place in Texas to live with a population of 50,000 or less. So? Each year a town the size of Scherz is wiped off the map. How? Annually, 50,000 people are killed in traffic accidents on American highways. That translates to three human beings dying in car crashes each day per state. Does that help you visualize the extent of the slaughter on our roads?

Statistics related to semi truck accidents are equally as alarming and need continued review. On Houston highways one person a day is killed in a semi truck accident. This is the result of a collision between a 40,000 ton and a 2 ton vehicle. Hardly seems like a fair match-up, eh?

Perhaps it is the euphemisms for death that keep us from realizing that mass slaughter is occurring on our roadway - fatality, disaster, accident do not conjure up the finality of death like the word 'murder' might.

Worst of all is the fact that as Americans we accept it with the casualness of flipping channels on the television. That is until it happens to one of our own.

What can be done short of making vehicles out of foam or wrapping ourselves in safety cages inside cars and trucks? With a trillion vehicles on the roads each day it seems obvious that something NEEDS to be done.

Many from different political backgrounds argue about "government takeover of industry", when what they are really discussing is effective REGULATION of industry.

Given the size and mass of 18-wheelers, effective regulation is critical and can be aided by technology and better directives from those in charge of the appropriate entity.

Continue reading "It will not happen to me!" »

The parents of a 17-year-old girl from Texas who was killed in an automobile accident while texting on a mobile phone are looking to influence the Oklahoma legislature into passing the texting ban in Oklahoma.

The Brown family of Wellman, Texas went to the state legislature in support of a bill, which would prohibit texting while driving. The Browns tragically lost their daughter in an automobile accident in 2009.

The bill prohibits mobile phone use by teens with restricted drivers licenses, and provides for fines up to $1000.

The movement to limit texting while driving is gaining ground. FOCUSDRIVEN is a new organization dedicated to spreading the word about the dangers of texting while driving.

On Friday, April 30, FOCUSDRIVEN will be the subject a promotion by Oprah to promote National No Phone Zone day. Oprah will be devoting her entire show to the focus driven message.

I urge everyone to contribute to FOCUSDRIVEN , to watch or tape the Oprah show on April 30, and please help the Brown family with this worthy effort.

Continue reading "Parents lobby Legislature for texting ban" »

A tractor-trailer driver was killed when his semi-truck rolled over at the junction of US highways 18 and 183. The Highway Patrol indicated that the truck driver was 76 years old at the time of his death.

According to reports, the trucker was hauling livestock feed at the time of the wreck. The tractor-trailer rolled over as he was turning from one highway onto another. There was a thick fog at the time of the truck wreck but it is unknown whether fall played a role in this fatal accident.

The truck driver was taken by life-flight to a local hospital but did not survive.

There are several known causes for semi trucks rolling over. One cause that I see frequently is improper loading. Another cause is driver error and mainly involves a steering correction that overcompensate which leads to the rollover.

There are many SUVs that have been known to have a propensity to roll over, some of which have been in the news frequently and others are still being documented as prone to rollovers. One vehicle that has been in the press and the subject of many wrongful death lawsuits is the 15-passenger van.

15 passenger vans have been shown to be unstable when more than 7 passengers occupy the van and many personal injury lawsuits have been filed in connection with the design of the 15-passenger van.

Continue reading "Truck driver killed in accident" »

Some sources researched by this firm estimate the number of vehicles on America's highways at one trillion on any given day of the year! Factor in human error with a figure like this and it is immediately apparent that accidents are going to occur.

Needless to say, some of these collisions will result in body damage to the automobile or truck or other property. Still others end in fatalities. This is a sad but true statement that requires the reader to actively consider safety measures to better ensure you and your family makes it to your destination alive.

Now, driving safety has been the topic of a number of the Baumgartner blogs of late for good reason. Our law firm specializes in defending the victims of accidents. Our goal is to impose accountability on those who fail to exercise due caution in their driving.

We see the anguish firsthand that resonates through families who have been maimed or killed in auto and truck collisions. There are several simple yet fundamental rules of the road that can better the odds of safe arrival for you and your fellow drivers.
Staying focused is the gospel of safe driving.

This means you DO NOT text, eat, put on makeup, put in a dvd for your kids in the back seat, change the radio, read the paper (yes, there are instances where this has happened!), or even talk on a cell phone when you are behind the wheel of a moving vehicle.

Continue reading "Safe driving is our responsibility" »

A 2008 semi truck accident that left three people dead, led to a guilty plea to the recounts of second-degree manslaughter. The truck driver admitted to reaching for cell phone when he slammed into several cars.

As a result of the plea bargain the truck driver will not spend additional time in jail. The truck driver was sentenced to one year in jail but was given credit for time served prior to the plea bargain and therefore will not spend any additional time behind bars.

This is another example of a truck driver being criminally charged in connection with distracted driving or impaired driving that resulted in a fatal accident.

In Texas and apparently across the US people are more demanding of commercial drivers and less and less sympathetic of excuses for causing fatal accidents.

Not only are criminal sanctions being sought but in a truck accident when conduct is such that endangers others, punitive damages are appropriate. If a person can be criminally charged for their conduct, shouldn't the law also allow punishment damages for the same conduct.

Continue reading "Truck driver avoids jail time on manslaughter charges " »

Many people consider themselves to be excellent drivers. They would never drink and drive or speed. Yet they allow themselves to perform simple acts while driving that fall under the heading of distracted driving and can easily result in traffic accidents that cause property damage, injury or death.

While driving requires the full time attention of the driver - unfortunately any number of things can lead a driver to be inattentive - and it takes only a moment to cause an accident.

Today's technologies have turned automobiles into the new entertainment center. The modern family can often be seen viewing television and videos, playing video games, chatting on the phone, using a computer, getting directions and dining - all in the comfort of their vehicle.

Unfortunately, though, these amenities are really distractions in disguise.

According to one government source there are three types of distractions.

The first is visual which causes drivers to take their eyes off the road.

The second is manual and results in drivers removing their hands from the steering wheel.

The third and final distraction is cognitive which means drivers take their mind off their driving.

Continue reading "Technology leading to auto accidents? " »

A Friday morning early accident left a semi truck hanging off a bridge inches from going into the drink. The truck was hanging off a bridge and completely shut down traffic.

It was about 530 in the morning when an 18-wheeler and a pickup truck crashed resulting in the 18-wheeler sliding off the roadway and hanging over the bridge.

According to reports, the 18-wheeler involved in the accident was empty and authorities had little trouble removing the trailer from the bridge.

The truck wreck temporarily closed the bridge and snarled traffic. Apparently both truckers were injured but neither appeared seriously injured.

It is the tendency of tractor-trailers to jackknife that creates a very dangerous situation for both the truck driver and the public. There is a point in 18-wheeler accidents involving a jackknife that many surviving truck drivers have described in deposition as "just being along for the ride at that point".

Continue reading "18 wheeler accident almost puts truck in the river" »

With over 50,000 Americans killed on highways - over a thousand of those in Texas and often several hundred around the greater Houston area - a review of safe and defensive driving tips is always a relevant topic.

Let us consider the top ten rules offered by a leading authority on driving safety and then we will refer you to review the other SIXTY suggestions provided on the website provided at the end of this entry.

The first rule of driving safety is to pay attention to the road and everyone around you. This segues nicely into the second most important rule of the road - don't trust anybody.

You can never know what distractions may be taking the attention of the drivers around you.

Don't drive impaired and never use excessive speed - better to be late than not arrive at your destination at all. Rule number five is to always use your seat belt - which just makes good common sense.

Also, never run a red light - countless deaths occur each year due to drivers trying to beat the light.

Too, another simple yet valuable piece of advice is to use your turn signals. This allows the drivers around you to understand your intentions.

Rule number eight is to create a healthy space around you and other vehicles on the road. This allows you an escape option should something unexpected happen.

Finally, slow down in snow and rain and brake slowly in these conditions to avoid hydroplaning. For other tips consult the website provided below and drive safely out there!

http://www.roadtripamerica.com/forum/content.php?6-Defensive-Driving-Tips

Continue reading "Top ten rules for driving safety! " »

Often traumatic events occur in our lives with little or no warning. Our focus, though, is the emotional aftermath of an automobile accident. First, let us consider what the defined psychological parameters of a traumatic event are. One source states that any or all of the following conditions must be present for an event to be traumatic:

It happened unexpectedly.
You were unprepared for it.
You felt powerless to prevent it.
It happened repeatedly.
Someone was intentionally cruel.
It happened in childhood.

Traffic accidents often incur many of the aforementioned circumstances. Depending on its severity and the aftermath, when an auto accident occurs, it could take a long while and a lot of support to get over the pain and feel safe again. In some cases life is altered forever either because a victim has sustained a permanent physical injury or suffered through the loss of a loved one.

It's often necessary and even cathartic to seek professional help to combat the emotional trauma. Should you be experiencing any of the following situations - it's time to get outside help:

• Having trouble functioning at home or work.
• Suffering from severe fear, anxiety, or depression. • Unable to form close, satisfying relationships.
• Experiencing terrifying memories, nightmares, or flashbacks.
• Avoiding more and more things that remind you of the trauma.
• Emotionally numb and disconnected from others.
• Using alcohol or drugs to feel better.

For further information consult the website below and as always...drive defensively.

http://www.helpguide.org/mental/emotional_psychological_trauma.htm#when

Sometimes car accidents can be funny. Especially when no one is hurt and the result looks something like this:

This is an automobile accident that happened on a Houston highway today. Somehow I get the image of following too closely as a cause of this car wreck.

There were no reports as of press time of injury. The auto accident happened on West Loop near Westheimer and traffic was a mess with rubbernecking as you can imagine from the picture.

Continue reading "Leap Frog accident on a Houston highway. " »

Unfortunately, it is not expected that loss of life resulting from semi truck accidents will end in the foreseeable future. We have posted on truck drivers who have been sent to jail after the wrongful death of an innocent victim.

Wrongful deaths that are a result of a collision with semi truck drivers are a difficult topic to discuss - yet a reality on Houston roadways. Sometimes the accidents are caused because the driver is distracted or impaired. At other times they are the consequence of poor road or weather conditions.

In fact, the dynamics surrounding an accident are so complicated and numerous that it would not be possible to list them all here. Although the causes of an accident are always germane - for this entry let us consider the elements of a wrongful death lawsuit.

The most common redress for victims and their families is through the civil court system. Once the initial shock of a loss has passed - litigation may provide the only sense of justice and return to normalcy for injured parties. Not very often is a truck company held accountable criminally.

Continue reading "Civil justice in a truck accident case" »

Although there is a national awareness of the dangers of drunk driving thanks to organizations such as M.A.D.D. (Mothers against Drunk Driving) it is still at unfortunate epidemic levels across the country and the result is often death for innocent victims.

This is certainly true on Houston area roads. Let us consider some of the recent incidences of drunk driving in this city.

According to one source, Harris County has THE highest rates of drunk driving fatalities among similar counties across the United States!

The source goes on to say that sixty percent of traffic fatalities in the Houston area are alcohol related.

Horrific results of drunk driving in recent months include the death of a housewife and mother who was forced off a highway overpass and the loss of a volunteer fireman's legs in an accident that occurred in a parking lot. Both of these incidences occurred because people still get behind the wheel of their vehicle drunk.

Driving while intoxicated turns cars and trucks into death machines. While it is one thing to gamble with your own life - more often than not the drunk driver takes innocent victims out with him or her.

With all the media attention surrounding the issue of drunk driving it is no less than mind boggling that it still happens on a daily basis - and the sad reality that people die because of it.

Continue reading "Houston leads nation in drunk driving accident fatalities " »

With over 50,000 Americans killed on highways - over a thousand of those in Texas and often several hundred around the greater Houston area - a review of safe and defensive driving tips is always a relevant topic.

Let us consider the top ten rules offered by a leading authority on driving safety and then we will refer you to review the other SIXTY suggestions provided by road trip America, click for a copy.

The first rule of driving safety is to pay attention to the road and everyone around you. This segues nicely into the second most important rule of the road - don't trust anybody.

You can never know what distractions may be taking the attention of the drivers around you.

Don't drive impaired and never use excessive speed - better to be late than not arrive at your destination at all.

Rule number five is to always use your seat belt - which just makes good common sense. Also, never run a red light - countless deaths occur each year due to drivers trying to beat the light.

Too, another simple yet valuable piece of advice is to use your turn signals. This allows the drivers around you to understand your intentions.

Rule number eight is to create a healthy space around you and other vehicles on the road. This allows you an escape option should something unexpected happen.

Finally, slow down in snow and rain and brake slowly in these conditions to avoid hydroplaning. For other tips consult the website provided above and drive safely.

Continue reading "Defensive driving tips to avoid a car accident" »

In a tragic truck accident two young children were killed and several people injured.

A Texas woman was driving a suburban and heading south and failed to yield the right-of-way when turning left into a parking lot, troopers indicated. An 18-wheeler was north bound and could not stop in time, slamming into the suburban and causing children to be ejected.

The real danger in truck accidents is the great weight of the semi trucks. Almost any time there is an impact with a big truck; lives can be lost due to the magnitude of the vehicle crush and impact forces.

Fortunately, in this accident and infant who was in the safety seat was not killed and only received injury. After the impact, the semi truck careened into a parking lot and crashed into several parked cars.

A four-year-old boy and an 11-year-old girl died at the scene. Other people, apparently passengers in the semi truck were taken to the local hospital.

Department of Public Safety Officers are investigating this Texas truck accident. While initial reports seem to indicate that the suburban driver failed to yield the right-of-way, officers undoubtedly will also be looking at the role of the truck driver and application of the brakes.

It is distressing to see so many Texas families torn apart in car accidents and in accidents with 18-wheelers. Almost every day in Texas a serious truck accident occurs. While there are about 750,000 different trucking companies in the United States, many motor carriers are smaller outfits that sometimes sacrifice safety for income, particularly in maintaining equipment.

Continue reading "18-wheeler accident leaves two children dead" »

The automobile has changed the lives and culture of America. Without giving it much thought - our work and leisure time often depends on the accessibility of our car. At the same time, we rarely ponder the likelihood we could end up in an automobile accident that may or may not result in bodily injury or death and property damage.

There are certain steps each driver can take to increase their chances of staying safe on the road. Let's consider some of them.

First and foremost - always use seatbelts in the car. Every passenger should be buckled up using proper seating for younger children. Estimates on the number of lives saved by seat belts range from 1000 to 100,000!

A second tip is to be sure your car is running in top shape. Tires should be inflated appropriately and those that show wear should be replaced. Tires that blow out while driving on the highway cause an average of 25,000 accidents per year and up to a hundred deaths.

Next, drive defensively. Remember its better to be late than to not arrive at your destination at all. When on the highway always stay a couple car lengths behind the car in front of you. Keep both hands on the steering wheel (really!) and give your entire attention to the task of driving.

Distracted driving is one of the leading causes of automobile accidents. Finally, no texting or otherwise handling a cell phone while driving. Happy motoring.

Continue reading "Stop needless auto accidents" »

A number of research firms specialize in the exclusive study of anything related to commercial vehicles from such mundane topics as parking regulations to the more serious, and for our purposes, relevant review of truck accidents on urban - Houston - freeways.

One such organization is the Turner Fairbanks Highway Research Center. A satellite of the U.S. Department of Transportation, the TFHRC has done extensive research on semi tractor trailer accidents and many of their findings are used to develop new safety features for trucks as well as updated legislation. Let's consider one program the y recommended to reduce car-truck collisions.

According to their findings over five thousand people die annually in car-semi truck accidents. They offer a simple yet effective recommendation to automobile drivers that have been found to lower the number of collisions between cars and semis - drive defensively.

Continue reading "Defensive driving prevents tractor trailer accidents" »

The Houston Police Department maintains a public website of news releases to keep their citizens informed of crime and accident statistics and background information.

In the past week there has been a fatal automobile accident nearly every day in the greater Houston area! This tragedy is mind boggling and begs the question - what can be done
to decrease these numbers? Let us examine the police reports - perhaps this will help get to the bottom of this epidemic.
According to the reports:

The most recent fatal injury accident on 3/29, appears to be the result of drunk driving on the part of both drivers.

A female driver was killed on 3/27 after attempting to avoid a stalled vehicle on the highway in front of her.
On 3/26 a female was driving at a high rate of speed and lost control of her car. She was ejected after it struck a tree head on.

The day before that a child died as a result of a fatal hit and run accident.

These incidents have been catalogued and relayed on this blog for several reasons. First, it is to demonstrate the enormity of the problem of automobile accidents - in the city of Houston itself.

Imagine this story replayed again and again in municipalities across the country - it is breathtaking in terms of the loss of life and emotion trauma of survivors.

The second reason for sharing this information is to demonstrate how easily each of these deaths could have been prevented or at least start a discussion about possibilities.

Continue reading "Houston an auto fatality a day!" »