Texas Truck Wreck Attorney Blog

Some experts claim that the drivers who use their cell phones while driving are every bit as likely to cause a car accident as drunk driver! This belief is based on the theory when a driver is deep in conversation their attention is divided between the traffic on the roadway around them and the cell phone conversation.

Professional engineers who are trained to forecast driving hazards have all concluded that the public should be alarmed by the dangers presented by those who talk on a cell phone and drive or text.

Shockingly, some even claim the NHTSA has suppressed veritable mountains of data that prove talking on a cell phone while driving is deadly.

"Two consumer groups, the Center for Auto Safety and Public Citizen, unearthed evidence that the National Highway Traffic Safety Administration (NHTSA) withheld "hundreds of pages of research and warnings about the use of phones by drivers," the New York Times first reported. The highway agency also decided not to pursue its own researchers' recommendation for a massive study to nail down the risks" (Philadelphia Enquirer, 2009).

Unfortunately, thanks to lobbying groups for cell providers and others and other foot-dragging maneuvers of those in Washington and in several states, the data failed to reach the public - and in its wake thousands of deaths and injuries can arguably be attributed to cell phone usage while driving.

While numbers vary on the incidence of distracted driving as a cause of car accidents, it is fairly clear that at leat 1/3 of accidents involves some form of distracted driving.

Recently, truck drivers were banned from cell phone use or texting while driving but the rest of the motoring public needs comprehensive state wide regulation of cell us while driving.

What can the average person do?

Contact your local, state and federal representatives and let them know you support regulations on the use of cell phones when driving.

Continue reading "Should Texas Ban Cell Phone Use While Driving?" »

Semi truck brake systems are a complex system of several separate stopping units. These include the service brakes, which work by applying pressure to the brake pedal either through air pressure or by hydraulic pressure.

Semi trucks have separate parking brakes, which must be used only during parking and are operated by a series of heavy-duty springs. A third type of brake is the emergency braking system, which actually relies on a combination of parts from both the service brake and parking brake systems. In addition, each of the braking systems comes with its own nuances.

Air brakes are self explanatory. When attempting to stop the braking system uses pressurized air to activate the braking mechanism - pushing pressurized air against the lining of the drum and disc when the driver steps on the brake pedal.

Since 1998 semi trucks also come with anti-locking brake systems which keeps the wheels from locking up and causing the driver to lose control of the vehicle.

Spring brakes are used as parking brakes - and are actually the reverse of air brakes. Spring brakes are set when there is a lack of air pressure. The emergency brake system is a bit more complicated in its set up and use.

If semi truck air brakes lose air pressure then the emergency brake system allows the spring brake to engage as a means of stopping the vehicle. A driver is able to use these brakes manually in the event of total brake failure in the semi. These sophisticated braking systems should offer a modicum of comfort to other drivers on the road.

Continue reading "Semi Truck Brake Systems" »

Trucking companies have an obligation to the driving public at large to ensure the competency and legality of the drivers they employ. A number of state and federal regulations exist to support this contention.

This means that trucking companies must do criminal and civil background checks on prospective employees and many do drug tests as well. The employer must do a review of the employee's past three years of work history, and determine the cause of any suspension or revocation of driver's license uncovered in their investigation.

In addition, they must administer a road test and certify that the driver is physically fit to perform the duties of the job. The goal is to determine if the drivers have had previous accidents, and/or drug or other convictions which may indicate that they pose a danger to the public.

If you are involved in an accident involving a truck the attorney who handles the case will check into the background of both the trucking company and driver to decide if any procedures or policies were circumvented to allow the driver to get behind the wheel of his rig unlawfully.

More than one lawsuit has resulted in victory for the victims because of a trucking company's negligence. Often the funds go to cover catastrophic injuries and crushing medical bills.

Property damages are also a concern in a semi truck accident because the victim's vehicle may be beyond repair and must be fully replaced. Unfortunately, no amount of compensation can erase the memory or tragic results of an accident. The more trucking companies and drivers are held to their responsibilities - the safer we'll all be.

Road design and construction contribute daily to truck accidents.

Several of the more common factors include barriers and guardrails, exit and entrance ramps, road markings and road surfaces, signage problems, roadway shoulder designs, traffic control mechanisms, visibility, and the flow of traffic patterns.

Many times the failure to recognize traffic slowing in construction areas can play a part in an 18-wheeler accident.

Guardrails and barriers such as those that separate the flow of traffic in opposite directions are safety devices whose inadequate design or implementation leaves drivers vulnerable to accidents. In addition, exit and entrance ramps that cause traffic back-ups or an inability to enter and leave the highway safely without endangering drivers around you can also be traced to poor road design.

In addition, when construction takes place many times the warnings and work itself can cause motorists to "rubber neck" which leads to a dangerous situation due to the disparity of speeds.

Road markings such as 'do not cross' yellow lines or highway reflectors play an integral role in keeping motorists safe. These must receive regular maintenance to ensure driver safety - Some locations the huge number of accidents should cause authorities to reevaluate what is not working.

In addition, poorly maintained road surfaces are a recipe for driver disaster. Potholes and grooves in the highway surface should indicate to the driver that the road may not be well maintained and to pay close attention. An absence of these two important safety features can lead to accidents.

Traffic control devices including traffic lights, appropriate signage (yield, slow down, etc.), pedestrian crosswalks and more are also meant to keep drivers, passengers and walkers safe. Many times like after a hurricane, signals are largely out for a good part of Texas.

Visibility is an important factor in road design and plays a big part in many construction accidents on the roadway.

Finally, although not impossible, road defect litigation is extremely difficult and many legal hurtles exist in Texas to bringing such a case.

The better course of action is to be extra cautious in construction areas and road conditions when driving.

It is quite shocking to learn that the average American is more likely to be involved in a car fire than an apartment fire! The statistics related to automobile and other types of vehicle fires is alarming to say the least.

An average of 33 vehicle fires is reported each hour - or one every 96 seconds - with over 500 deaths. Across the country 20% of all fires are vehicle related. In addition, nearly 20% of these fires take place on the highway.

In real terms, a quarter of a million vehicle fires were reported in a recent year! Other facts of interest include the fact that 75% of highway vehicle fires can be traced to mechanical failures or systems malfunctions of some sort. In some cases the vehicles have a design defect or a manufacturing and the manufacturer may be responsible for the fire.

Finally, of all the subpopulations across the country - teenage boys are more likely than any other demographic to experience a vehicle fire and about three quarters of all fires are related to poor vehicle maintenance.

Most drivers do not take the time to realize that there are no less than six flammable liquids underneath the hood of a car, and when the engine heats up any leaks are a potential fire hazard.

Routine maintenance -such as checking that all hoses, caps and filters are in good working order - is the first defense in vehicle fires. Also, having all liquid levels - oil, water, transmission fluid, etc. - checked regularly is also.

If you are driving a vehicle that begins to smoke or flames become visible pull off the road as quickly as possible. All passengers should exit the vehicle and move to at least 100 feet away because of the potential for an explosion.

Most important of all - DO NOT try to put the fire out by yourself but call 911 and wait for emergency responders to step in and help.

Continue reading "Car Fires can be Deadly" »

The wrongful death of a loved one from an automobile or an 18-wheeler accident can be particularly debilitating to the families for several reasons.

First, some truck accidents are particularly heinous and it is very difficult to prevent family members from envisioning and carrying memories of a loved one's final moments when the accident was so bad.

In addition, the immediacy of a truck accident fatality can place a family in immediate financial pressure as well. This may be because of the loss of income from the family breadwinner or the need to cover costly funeral expenses and the uncertainly of finding a way forward.

It is recommended that those who have experienced the wrongful death of a family member turn to a support system that includes family and friends but seek professional counseling as needed to help cope with the feelings as well.

There is a well-documented grief process that counselors have been trained to monitor and help you deal with. Professionals are also trained in recognizing and treating signs of long-term depression and even potentially thoughts of suicide that may appear as victims go through the stages of grief.

These include shock and denial, pain and guilt, anger and bargaining, depression (reflection and loneliness), an upward turn, reconstruction and working through, and, finally, acceptance and hope.
In the first, people often deny the reality of the loss of their loved one. Shock may further insulate their emotions. The stage may last for weeks.

Shock is replaced with excruciating emotional pain and one is often wracked with guilt, remorse and helplessness.
Anger and bargaining follow. This is a particularly dangerous stage because one may place blame on another loved one causing irreparable damage.

With proper support the sufferer can come out on the other side of depression to acceptance and renewed hope and focus on a way forward for themselves and the family.

The death of a loved one will remain with you always but it important to grieve and find a way forward through it for the sake of those who care about you. If your loss was caused by the negligence of another seek the help of a wrongful death lawyer for civil justice.

Trucking industry analysis by examining related financial statistics.

Total revenue estimates produced by the trucking industry are 255.5 billion a year. Of this figure 'for hire' or 'common carriers trucking' companies generated revenue estimated at 97.9 billion. They outdid air transportation by 18 billion.

Private fleets generated revenue estimated at 121 billion. Their operating ratio is 95.2, which means for every dollar in revenue the trucking company has a cost of 95.2 cents leaving them with a meager profit of only 4.8 cents.

The employee driver makes about 30.3 cents per mile with an income estimate of 32-50k.

It costs about 41.73 cents per mile to operate a semi or $83.68 per hour according to reliable estimates.

18-wheelers consume over 50 billion gallons of fuel for business each year.

These stats further confirm the contention that the trucking industry is completely entwined in the American economy and I offer that were it to falter or meet its demise would be to strike a catastrophic blow. For the time being semis and other big trucks will be around into the near future.

However, while I attempt with each blog to inform the reader about a topic related to the act of driving I will take a moment to opine. Our firm is deeply entrenched in all things truck accident related and it is our unfortunate lot to see the results of 18-wheeler collisions up close and personal. Semis account for anywhere from 9% to 12% of traffic deaths annually across the country.

These scenes and their aftermath are heart wrenching and haunting. But it will not prevent truckers from hitting the road so what must be done is to continue our quest to prevent accidents instead.

Continue reading "Trucking Industry Vital for US" »

*The average semi truck and trailer is 70 to 80 feet long - 4 of them end to end make a football field.

*Depending on road conditions, weight of the load and several other factors, the length of time to stop an eighteen wheeler is 40% greater than that of an automobile. To be sure, it takes a much greater time to stop than an automobile... period.

*Trucks only have 10 brakes NOT eighteen as some have told me they thought. Trucks made now are required to have anti-lock brakes.

*The most common amount of gears in an 18 wheeler today is 10 forward and 2 reverse gears. Although they can range from 9, 10, 13, 15, and 18 gears!

*The flaps underneath the semi truck trailer are actually there to improve performance. Wind skirts under the trailer significantly reduce wind resistance and reduce airflow around the trailer. This is a big fuel economy benefit.

*According to the Department of Transportation, freight tonnage is expected to increase 70 percent between 1998 and 2020.

*In 1919 C.L. Cummins invented the first semi-truck diesel engine. In the 1930s Peterbilt designed the semi-truck body.

*While the cost of semi-truck insurance will vary by insurance provider, drivers can expect the monthly cost of insurance for a semi-truck to be an average of 10 to 30 times higher than the monthly cost of insurance for a personal vehicle (due to the increased injury potential of a truck accident).

*Most semi tractors have powerful engines and a manual transmission with between 12 and 18 gears. These rigs are typically configured with three axles and 10 wheels--two on the front axle and dual tires on both sides of the rear axles.

*Many semi tractors feature sleeping quarters behind the cab. These accommodations may range from a sleeping a bunk to miniature efficiencies decked out with microwave ovens and refrigerators and even TVs. CB radios and thunderously loud air horns are other common semi tractor accessories.

*Since fuel economy has become a crucial factor in freight transportation, the designers of Freightliner's new Cascadia semi tractor used the results from 2,500 hours of aerodynamic tests in a wind tunnel to improve its mileage capabilities. In addition to a lightweight aluminum cab that is both wider and quieter than other semi tractors, the Cascadia features ergonomic controls designed specifically for driver comfort. But these innovations are not cheap--the Cascadia is priced at more than $120,000.

Continue reading "Things You Wanted to Know About Big Rigs- But Were Afraid to Ask" »

Losing a family member in a truck accident is a very traumatic event. Sometimes the accident photographs are so gruesome that I will not show them to the clients. But for those who have not been in an 18 wheeler accident it may be helpful to be given a front-row seat to the horrors of a big rig truck accident - if for no other reasons than as a way to instill a healthy respect for these mammoths with which cars share the highways.

While my law practice focuses on 18-wheeler accidents in Texas- and particularly the Houston area- a truck accident last year in neighboring Oklahoma bears review.

Last year, a truck driver who was 76 years old at the time was in his 10th straight hour of driving when he ran over a line of cars stopped ahead of him. The 76-year-old driver ran right through 5 cars crushing the cars and victims inside.

The aftermath from this truck accident- 10 people dead and multiple families ripped apart.

Reports indicate the trucker never even slowed down - he didn't recognize or see the cars stopped in front of him. There are no words to adequately describe the injustice this tragic accident.

As usual, when an accident of this magnitude takes place, much is talked about; everyone wants action - looking for ways to prevent this from happening again. Unfortunately, no one has adequately addressed the question not one wants to ask. Was age a factor in the truck accident?

The driver was short of eighty years old- is that to old to be behind the wheel of an 80,000 pound truck?

Some have suggested an age limitation for professional drivers of 65. Perhaps that would have some effect but there is little doubt that a 65 year old may be one of the safest age groups for driving statistically.

In this truck accident the 18-wheeler driver - who admits he didn't see the cars stopped in front of him -was tired from driving the long hours on the road and just not paying proper attention.

In all, truck driving is a business and vital to our country. The regulation of truckers is a fine line between safety on our highways and economically moving the goods we use across the nation.

Continue reading "Preventing Truck Accidents is a Balancing Act" »

Almost every type of product in this country has spent some time on a 18-wheeler before reaching its final destination as a product on American shelves. OTR or long haulers are usually able to make their own schedules.

They are often responsible for loading and unloading their cargo, keeping accurate logs or account of their activities and ensuring their equipment is in safe and good working condition. Reports indicate the average truck driver makes anywhere from $35,000 to $50,000 a year minus traveling expenses and insurance.

The government mandates maximum driving hours and rest periods between shifts. This is to help ensure the public's safety so that drivers don't push themselves to work when they are drowsy or tired.

However, this limits the amount of money a driver can make and husband and wife driving teams are more common as a way to compensate for the limitations. Too, companies may employ two drivers to spot each other as another way to minimize the downtime.

Interestingly enough, although the country itself has been in an economic downturn over the last couple years - the trucking industry has been all but immune to it. However, truck drivers pay (like a lot of us) has not kept pace with the higher costs of living, which results in truckers wanting to drive more miles to just keep up.

Overall job opportunities for the trucking industry are favorable -especially for long haulers. Employment of truck drivers and driver/sales workers is expected to grow 9 percent over the 2008-18 decade, which is about as fast as the average for all occupations.

As the economy grows, the demand for goods will increase, which will lead to more job opportunities. Because it is such a large occupation, 291,900 new jobs will be created over the 2008-18 period.

Finally, the number of heavy and tractor-trailer truck drivers is expected to grow 13 percent between 2008 and 2018.

Lets hope that as part of that growth trucking companies add competent safety personnel to keep the drivers and the equipment up to par.

Continue reading "Trucking Poised for Growth" »

What is involved in getting a CDL or the acquisition of commercial drivers' license? In order to drive any type of a commercial vehicle in Texas a person must first obtain and maintain in good standing a regular driver's license for at least a year and be at least 21 years old before applying for a CDL.

Next the person must take and pass the Texas Commercial Driver's License Examination that applies to the type of commercial vehicle a person will be driving. There are numerous training courses available for those who wish to pursue this career path - and none will be touted in favor of another.

The course work often covers the nature of specific concerns related to passenger vehicle driving (such as school buses), and separately tank and hazardous vehicle driving.

In addition, the CDL also covers pre-trip inspection of vehicles, basic vehicle control or maneuvering and the actual road trip itself. Want step by step directions? Follow the advice below and you will be on your way to commercial driving before you know it.

1. Visit your Texas driver's license office. Take your driver's license, social security card and qualification certification form. Also take proof of insurance.

2. Get the appropriate form for the CDL - ensuring you have the form for the class of driving you intend to do. (And be prepared for the appropriate certifications).

3. Take the written exam and vision test. Pass it.

4. Take the driving test. You must provide your own commercial vehicle.

5. Pay the fee - get photographed and fingerprinted.

Continue reading "CDL- it not that difficult to get" »