Texas Truck Wreck Attorney Blog

It is it not uncommon that vehicle collisions result in the need for the services of an orthopedic surgeon.
Many times an orthopedic specialist is called in when the truck accident victim is taken to the ER due to the severity of the injury. Other times it is only after failed physical therapy and continuing problems- is an orthopedic specialist consulted.

Orthopedic surgery or orthopedics (also spelled orthopaedics) is the branch of surgery concerned with conditions involving the musculoskeletal system. Orthopedic surgeons use both surgical and nonsurgical means to treat musculoskeletal trauma, sports injuries, degenerative diseases, infections, tumors, and congenital disorders.

The list of the types of injuries resulting from a vehicle collision that may require orthopedic services include but are not limited to: spinal injuries, clavicle fractures (shoulder), scapular fractures (shoulder blade), Shoulder (glenoid, humeral head or humeral neck) fractures, humerus (upper arm) fractures, radius and/or urina (lower arm) fractures, scaphoid (wrist) fractures, pelvic and acetabulum fractures, hip and leg fractures, femur (thighbone) fractures, patella (kneecap) fractures, tibial and/or fibular (lower leg) fractures, ankle fractures and calcaneus (heel) fractures.

Of course, each time the word fracture appears it can be replaced with the word 'broken' - because bones either fracture or break. These types of injuries are traumatic and can send a person into shock -further complicating the injury.

The cost to treat these types of injuries- it is hard to say - beyond saying it's expensive it's difficult to pin down costs. One authority proclaimed that a broken arm cost $20,000 to fix! But actual costs vary by location, doctor and specific injury.

I regularly see medical bills from a back or neck surgery that exceed a hundred thousands of dollars when its all said and done.

The best advice is to see an orthopedic as early as possible if your injury warrants it.

Those of us who get behind the wheel of a car fully aware of its potential to maim and kill - and the accompanying costs (minus the emotional trauma) may look twice before entering an intersection - may slow down cresting the top of a hill -let the big rig pass us or may simply drive defensive - and after all, that is my ultimate goal.

Continue reading "See an Orthopedic Surgeon When Necessary" »

Magnetic resonance imaging (MRI) is a special test that produces very clear, detailed pictures of the organs and structures in your body. The test uses a powerful magnetic field, radio waves, and a computer to create images in cross-section.

While an x-ray is very good at showing bones, an MRI lets your health care provider see structures made of soft tissue such as ligaments and cartilage and organs such as your eyes, brain, and heart. Health care providers use MRI to see problems in the brain and spinal cord. It can be used to examine joints and soft tissue.

Injuries show up well on an MRI. For example, an MRI may show whether you have torn ligaments or torn cartilage in your knee and help your health care provider decide whether or not you need surgery. It is also useful for injuries involving the shoulder, back, or neck
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While it is difficult to pinpoint the exact cost of an MRI estimates place it at anywhere from $300 to $3500 dollars depending in part on your copay and other factors.

Should you be brought to an emergency room as a result of a vehicle collision you are not in a position to bargain with the doctor - where as those who are informed in advance of the medical procedure can shop around for the best price.

Remember, this is only one of the many medical resources that may be employed - it is unpleasant at best although perhaps life saving.

Many clients who have been in a truck accident go to the emergency room and get extensive x-rays and learn they have no broken bones, some follow the doctors advise and go to therapy only to continue to have back or neck problems. It is then many doctors order an MRI for the first time and learn of serious injury that was not diagnosed in the emergency room.

My advice - if you have been in a car or 18-wheeler accident and have neck or back issues that are not going away- talk to your doctor about getting an MRI you may be very glad you did.

Continue reading "The MRI is Often necessary to diagnosis injuries from truck accidents" »

Medical costs associated with any type of vehicle collision are never insignificant and with truck accidents often are out of sight.

There is no shortage of statistics and reputable organizations to provide them in this country.

For instance, in an article in Money Magazine two years ago they cited the AAA findings that place the annual costs of accidents at $164.2 billion dollars or $1,051 per person.

These figures include the actual costs of short and long term medical care, emergency and police services, property damage, lost productivity and quality of life.

So what are the costs of authentic hospital tests? And what types of injuries call for their use? In fact, this topic is so complex that no simple answers are possible.

However, let it suffice to say that there is not enough room in this blog to provide sufficient answers. In the following few blogs though we shall consider the costs and use of MRIs, CAT scans, X Rays, orthopedic procedures, bone imaging, and ER visits.

Perhaps a better understanding of the price tag medical emergency services will give drivers a reason to redouble their efforts to drive defensively.

Unfortunately this does not even take into consideration the cost of increased vehicle insurance to offset these figures or the impact accidents have on a family finding themselves having to replace a car that has been declared a total loss.

Very rarely in Texas is the victim made whole on a property damage claim. Why is that? The answer is that consumers in Texas no longer have much legal recourse against their own insurance company when their own insurer treats them poorly.

Or sure you can litigate with your insurance company your property damage claim but they do not have to pay your attorney's fees.

It is time Texans demand that our elected representatives let us hold accountable the insurance companies who take our hard earned money.

Continue reading "Emergency Room Costs are they Excessive in Texas?" »

Certainly there can be no argument that speeding is dangerous and the cause of thousands of accidents and deaths each year. But driving under the speed limit is equally as dangerous - and a topic we've yet to write about.

Unless a minimum speed is posted there is no fixed minimum speed for highway driving. Sometimes weather conditions dictate driving under the posted speed limit to ensure safety.

However you can be cited for obstructing traffic if indeed you are impeding the safe forward progress of other vehicles on the roadways.

It is possible to get a ticket for the driving too slowly - particularly on the highways. If a driver is going fifteen miles below the speed limit in good driving conditions then this may be considered to be impeding traffic and it is a ticketable offense.

The times that require a driver to slow their vehicle below posted speed limits include the duty to "decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.

Speed must be decreased as necessary to avoid colliding".

One of the biggest factors for accidents is disparity of speed and you actually can have a truck going so slow on the highway that it is a hazard to the motoring public.

In all, it's best to just use common sense. Slow down in nasty weather - otherwise in good driving weather stay at or near posted speed limits on the busy highways.

Continue reading "Negligent by Driving Under the Speed Limit?" »

A pickup crashed early this weekend after a passenger vomited and fell out of the truck. According to authorities, 2 people fell out of a pickup truck side door after a passenger got sick and fell out of a passenger door held shut by bailing wire.

A second person fell out of the pickup when trying to assist the sick passenger.

After the passengers fell out of the pickup truck, the truck then struck a concrete wall. The passengers were transported to the hospital for treatment of injuries and the driver of the pickup was arrested for driving under the influence.

The truck driver walked away uninjured and was the only one wearing a seatbelt.

Authorities report that cause of the truck accident as impairment by alcohol.

This story while entertaining to read could have been much worse; passengers are killed frequently in drunk driving accidents. If you value your safety do not ride with the drinking driver.

If you are going out on the town and may drink, please select a designated driver to help ensure your return home safely.

Continue reading "Passenger throwing up blamed for DWI accident" »

According to the DPS a two-car accident killed one and injured three this week. The car accident took place in McLennan County, Texas.

Investigating officials indicate that the cause of the wreck was a driver who failed to stop for a stop sign. A 2003 Ford escape was traveling south on FM 2311 at the time of the accident.

A 1994 Ford Thunderbird, according to reports from officials, struck the Ford in the intersection.

Officers indicate that a person inside the Ford escape died and at least three others were injured. Officers have withheld the name of this deceased pending notification of family.

It is very important to pay attention to the roadway while driving. Running a stop sign or a stoplight can easily lead to serious unintended consequences such as this accident.

According to official studies nearly 700000 police-reported motor vehicle crashes occur annually at stop signs, and approximately one-third of these crashes involve injury.

A simple momentary lapse in concentration of the roadway can be fatal. Please drive safe.

Continue reading "Texas car accident kills 1 injures 3" »

There are many wants to pick a good 18 wheeler accident lawyer to help with a serious injury or wrongful death claim. The best is a referral from a prior client who was satisfied with the law firm and can personally vouch for the attorney.

Former clients will be in a very good position to analyze the performance and professionalism of the lawyer. However, be wary of contact with an offer of referral incited by others and value referrals you asked for from friends.

Another method of choosing a good semi truck accident attorney is to research their past results and successes. Sometimes pointed and candid questions of the injury attorney are a good way to determine if this is the right attorney for you.

The best Houston 18 wheeler accident lawyers will not make any guarantee of what your case is worth or even venture a value until they have all the medical records and facts.

If the lawyer you are considering is talking about astronomical numbers, ask yourself does this person look and act like they handle multimillion dollar cases every day. If not, it's probably not going to end up being a good fit for you.

Look for a personal injury attorney with a track record of success who is candid with you and one that you can trust to represent you and your interests.

The litigation process is often like a long trip and it's best that you share the ride with a person whom you are comfortable with and trust his or her judgment.

A man charged with reckless endangerment for letting a 15-year-old drive a big rig.

Police indicate that a man was charged for letting an unlicensed 15-year-old boy drive a tractor-trailer. Sheriff's deputies responded to an accident and discovered that the teenage boy had been driving the 18-wheeler.

The young man was apparently traveling too fast when making a turn and it resulted in the truck turning over.

According to police, the man who let the teenage boy drive the truck new that the boy was not licensed to drive and have charged him with endangering the welfare of a child.

In some parts of the country particularly in the farm belt, young men and women learn early how to operate tractors and trucks on the family farm. Times have changed but the underlying fact is that regardless of the age of the driver, no one should operate a truck or car or other machine until they are properly prepared to safely operate it.

Continue reading "15 year old wrecks big rig" »

Wrongful death is a death that results from a wrongful act or from negligence of another; a death that can serve as the basis for a civil action for damages on behalf of the deceased person's family or heirs.

Under the aforementioned circumstances a wrongful death lawsuit is a civil action and the most common standard of proof is a 'preponderance of evidence'.

In some cases a personal injury attorney will seek exemplary or punitive damages in addition to the families damages for the loss of a loved one.

Recently, Texas courts and our legislature have put up many legal hurdles to limit or disallow a jury from considering punishment damages.

A wrongful death lawsuit is also the only real recourse available when a company, not an individual, causes the death of a person. For instance, if your loved one is maimed or killed in a semi truck accident then the trucking company may be held liable.

Another example of this is when there is a manufacturer's defect in the vehicle itself caused the death - a phenomenon that has occurred on a number of occasions since auto companies began making cars.

A civil suit does not preclude a person from also being criminally negligent as well.
The history of wrongful death legislation can be traced to England in the mid 1800s. According to historians during the 1830s the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of the railway companies.

The Deodand Act of 1846 gave personal representatives the right to bring a legal action for damages where the deceased person had such a right at the time of their death. Compensation was restricted to the husband, parent, or child of the deceased and was for damages.

Occasionally I must return to the simple topic of safety tips - one I harp on with great regularity but people are still getting in accidents so it must mean I need to repeat myself! Hopefully my readers will not regard me with disdain when I inform you that today's tips will be as of yet unheard of and unaddressed by me!

Writing about traumatic brain injuries from accidents over the last couple weeks got me to thinking about the types of things that might pierce the brain in an accident. It occurred that in a collision those items that are loose in the car have the potential to go flying on impact and don't tend to stop until something stops them - like a part of your body.

Canned goods, bowling balls and other sports paraphernalia, even books and pens have the potential to catapult and harm. Always keep items secured in the vehicle.

A second rule of thumb should be to always slow down as you come up to an intersection and glance to both sides to ensure a driver is not running a red light. It is a statistical fact that one of the types of collisions most likely to be fatal is when a car or truck hits yours at a 90 degree angle.

This is your most vulnerable position - airbags and seat belts offer minimal to no protection for significant side impact accidents. There is no shame is having a healthy skepticism towards other drivers on the road.

Red lights get run all the time and are a leading cause of wrongful death from a car accident in this country.

There - two pieces of good advice - hope you use them.

Driving in the rain can be very dangerous. This is especially true in Houston as we can get up to 5 inches of rain in just a few hours.

The most important tip for driving in the rain is to slow down. It takes more time to stop and with windshield wipers going it also takes longer to recognize a danger.

Some tips for driving in the rain:

• Stay in the middle lanes or to the highest lane- water collects in the lower lanes.

• Increase your safe driving distance (increase the 3 second rule in rain).

• Do not follow pickups or large trucks closely as they kick up water from the larger tires and impede your vision.

• Try not to slam on your brakes and take your foot off the gas to slow down if you can.

• Be extremely cautious when the rain is coming down hard and always stay within the limits of your visibility. Heavy rain can result in a temporary loss of vision.

• Never ever drive through moving water, if you can't see the ground don't drive through it.

• Keep your windshield wipers replaced with new windshield wipers.

• In very heavy rain consider not driving at all.

• If you see changes to the contours of the road slowdown as a flooded roadway may be ahead.

• Particularly be wary of places where floodwater may collect. Dips in highways under bridges and underpasses are all potentially dangerous for collected water.

• If you find yourself hydroplaning follow these simple rules: a) do not brake suddenly b) easier foot off the gas c) turned your steering wheel in the direction of the skid, as you recover control gently straighten the wheels d) If you must break use a gentle pumping action, if your vehicle has antilock brakes you may break normally because the computer will supply the breaking action.

• Make sure your tires are in good condition and have adequate tread depth. It is the contact of your tire on the road that gives you control, groves between treads seem to channel water giving the tread contact with the road. In wet regions such as Houston consider getting special rain tires.

Many times after an 18 wheeler accident a person is so grateful to walk away seeming unscathed that they brush off offers of help from medical professionals on the scene and try to tuff it out afterward.

However, many times serious injuries do not show up immediately.

The symptoms arising from an injury sustained in a truck accident do not necessarily present themselves immediately following a wreck.

Medical research and clinical experience have accumulated enough information to demonstrate that the delay of an injury symptom is the norm.

Studies have established that the delay of a symptom does not eliminate the possibility of severe injury. It's been proven that individuals can continue to be symptomatic for many months after a motor vehicle accident. In addition, approximately 75% of accident victims can remain symptomatic for a minimum of 6 months after the accident.

If you delay getting treated it will hurt an injury case as the adjusters will always take the position that:

1. it was not a serious injury or you would not have waited to go to the doctor.
2. some thing other than the accident caused the injury. or
3. You really were not hurt at all.

If you have any doubts about the extent or nature of an injury go to the medical professional of your choosing and get checked out. Follow the professionals advise.

And understand that being released from the Emergency Room does NOT mean you are ok- the ER only deals with emergency situations not ongoing diagnosis and treatment for some spinal cord injuries, head injury or other serious conditions.

Also when involved in an truck accident - do not make outright declarations such as 'I'm alright' because it may put you in a position in which you cannot seek redress and compensation further down the road - if indeed you demonstrate signs of a delayed injury".

If you are in an accident it might be a good idea to undergo a complete physical examination and be mindful of ailments not manifested before the collision.

Continue reading "Get checked out after a truck accident" »

We will again address the trucking industry one more time before we turn our attention to other matters in blogs to follow. As in previous blogs we will examine accident statistics related to the trucking industry utilizing the same website from the previous two blogs.

According to our source "estimates of 41,000 to 45,000 traffic deaths occur every year within the U.S. Approximately 9% of those deaths involve commercial vehicles. More than 80% of those accidents are the fault of the non-commercial driver and of those deaths related accidents only 4% of trucks are fatigue related.

Drinking while intoxicated accounted for .06% of those accidents. Motor vehicle accident crashes cost society an estimated $4,900 per second. That's about $30,000 in the time it took to read that fact".

I'm sure it would not take much to convince the reader that there can be fewer things more devastating than getting in an accident with a semi truck and as I have cautioned many times in this blog - the best way to avoid it is to drive defensively. So let us review safety tips for driving around semi trucks.

First, don't tailgate or in any way drive aggressively around a semi truck. In any 'showdown' between a semi and an automobile - hands down the semi wins.

Second, use the tools at your fingertips to inform a semi truck driver of your intentions. That includes the horn, turn signals and your bright lights.

Third, and this is my favorite saying - you'll see it often in this blog - give semi trucks wide berth on the road. What do I mean by that? Simply this, give them a lot of room to maneuver - fall back a safe distance and don't linger beside them on the highway.

Continue reading "Trucking is big business part 3" »