Texas Truck Wreck Attorney Blog

I feel it is my obligation to keep the subject of semi truck accidents and their all too often devastating results at the forefront of the public's eye.

That is not to say that that the semi truck driver is always at fault. Indeed, as you will see from the following headlines - there's plenty of blame to go around. If my continued return to the topic causes just one driver to be cautious then I will feel that this is not all in vain.

In a Texas accident that occurred recently one man was killed and two others injured - one with a broken neck - when the driver of a pickup truck collided with an 18 wheeler.

In an incident last week a Fort Benning soldier reportedly lost control of his car that subsequently slid under a semi truck. The soldier died instantly.

Reports have another Texas fatality occurring outside of Austin several days ago. It seems that an elderly gentleman was headed the wrong way on a major highway when it came upon a semi truck.

The rig driver tried to change lanes to avoid the errant driver but was unable to maneuver out of the way in time. The elderly man died.

Finally, in a previous blog I noted that over 400 innocent bystanders to semi truck accidents are killed each year. Well, in an accident only a few weeks ago, 2 innocent bystanders were badly injured when a semi truck ran into a utility pole - snapping power lines that burned the 2 men.

Accidents happen - every day. Some are semi truck accidents. But there are many other types as well. Bad accidents are usually caused by negligence - so pay attention to what you're doing and drive safe.

Continue reading "It is Not Always the Truck Drivers Fault" »

The rising rate of truck accidents is indicating the negligent driving of truck drivers and other motorists. Speeding trucks, rash driving, breaking the laws are some of the common reasons behind the escalating rate of truck accidents.

Although all the major consequences have to be faced by the victim of the accident, in many cases due to the size of the 18 wheeler an accident leads to a wrongful death.
A recent tragic accident took place when where two persons reportedly got injured in the accident when a flatbed got detached from the 18 -wheeler truck.

The car in which two men were traveling was moving behind the truck when flatbed got detached and fell off the truck and was struck the car.

Investigation is still going on to find out the exact reason behind the truck accident. Under the Federal Motor Carrier Safety Regulations the owner of the truck company is responsible for the condition of the truck and ultimately the bucks stops with the trucking company.

It is said that trucks go through pre-trip and post-trip inspection to ensure safety of the driver of the vehicle and other people who travel on the road.

In serious truck accident cases the truck or trailer manufacturers may be a potential party to a personal injury lawsuit along with the maintenance companies of which truck company owners are clients.

Though DOT is making hard and fast rules to curb the increasing road accidents, these mishaps seem to be getting out of control. Whatever may be the reason, it can be concluded that negligence is the root cause of such a truck accident.

This case was one of a kind, while there are many in which people and their families have to pay the price of carelessness. Attention to the condition of the big rigs is mandatory under federal regulations and attention to the regulations can save many lives everyday. All that one needs to do is to incorporate necessary safety measures.

Continue reading "Lack of Following Safety Measures Leaves Two Injured on the Road" »

Department of Transportation Sec. Ray LaHood will propose new restrictions on commercial drivers sending text messages on the job. The new plans will be outlined today at the summit on distracted driving attended by many different interest groups.

Mr. LaHood has been instrumental in increasing regulations banning text and cell phone use by commercial drivers. The problem is not limited to commercial drivers however the Department of Transportation regulates 18 wheelers and is in a position to lead on this issue.

The DOT is committed to fighting distracted driving which has emerged as one of the biggest safety issues of our times with the explosion of texting in recent years.

Many companies have set their own safety policies regarding cell phone use and texting while driving. Those companies are to be applauded for their safety efforts.

In an experimental enforcement of cell phone bans while driving, police in two cities issued almost 10,000 tickets total for drivers talking or texting while driving.

There has been much debate on the safety of cell phone use and texting in the car.

Competing interests have different ideas on the dangers associated with it and what to do about the problem. Obviously, cell phones have become ingrained into the American way of life and limiting their use is a tough sell.

I'm sure all of you will recall the last time a car was stuck in a green light in front of you and upon observation the driver was on the cell phone.

One of the organizations that has led the fight to tougher regulation of cell phone use while driving is FOCUS DRIVEN, I urge you to support that organization.

Continue reading "DOT Proposes New Texting Restrictions" »

Department of Transportation Sec. Ray LaHood will propose new restrictions on commercial drivers sending text messages on the job. The new plans will be outlined today at the summit on distracted driving attended by many different interest groups.

Mr. LaHood has been instrumental in increasing regulations banning text and cell phone use by commercial drivers. The problem is not limited to commercial drivers however the Department of Transportation regulates 18 wheelers and is in a position to lead on this issue.

The DOT is committed to fighting distracted driving which has emerged as one of the biggest safety issues of our times with the explosion of texting in recent years.

Many companies have set their own safety policies regarding cell phone use and texting while driving. Those companies are to be applauded for their safety efforts.

In an experimental enforcement of cell phone bans while driving, police in two cities issued almost 10,000 tickets total for drivers talking or texting while driving.

There has been much debate on the safety of cell phone use and texting in the car.

Competing interests have different ideas on the dangers associated with it and what to do about the problem. Obviously, cell phones have become ingrained into the American way of life and limiting their use is a tough sell.

I'm sure all of you will recall the last time a car was stuck in a green light in front of you and upon observation the driver was on the cell phone.

One of the organizations that has led the fight to tougher regulation of cell phone use while driving is FOCUS DRIVEN, I urge you to support that organization.

Continue reading "DOT Proposes New Texting Restrictions" »

Interstate 35 S. was closed today when a big rig had a blowout and caught fire in the resulting wreck. Firefighters battled the flames and officers had to close both North and South bound lanes while the firefighters worked.

According to reports, a witness on the scene indicated someone had information a tire had blown out and saw the truck swerve and strike the median. Another car was also involved in the truck accident and was caught between the semi-and the median wall.

Other reports have additional cars involved in accidents probably stemming from the roadway being closed.

This is the second similar incident in the last few weeks involving a semi truck having a blowout and catching fire. The tractor-trailers have gas tanks which are outside the frame and susceptible to impact and puncturing from medians.

The investigation is ongoing in this recent truck accident. Likely the investigators will be looking at the tire of the tractor-trailer to determine what caused a blowout and set the truck wreck in motion.

Continue reading "I 35 Closed After 18 Wheeler Crashes and Burns " »

U.S. Transportation Secretary Ray LaHood set the second national Distracted Driving Summit to be held September 21st, 2010 in Washington, DC.

Secretary LaHood will consult with DOT officials, law enforcement, Cell phone representatives, researchers and victims affected by cell phone use and car and truck accidents to further discuss what can be done to reduce distracted driving related car accidents.

The folks at the advocacy group called FocusDriven will be in attendance and looking to help in what can be done now to solve this ever growing problem. I urge you to support Focus Driven with contributions.

According to the group at Focusdriven, the 2010 Distracted Driving Summit will be live webcast at www.distraction.gov, enabling the participation of people around the country. Secretary LaHood and FocusDriven are encouraging those who can't attend in person - particularly students and classrooms of young drivers - to tune in and help put an end to distracted driving in their communities.

People watching the summit via webcast can also submit questions for panelists in advance by emailing DDSummit@dot.gov and indicating which panel the question is for in the subject line. Questions should be submitted by close of business on Monday, September 20.

Source: FocusDriven.

Continue reading "Distracted Driving Summit and FocusDriven" »

While drunk driving is not considered as a serious offence by some people, they fail to appreciate that such type of driving could be big black mark on the driver or the consequences to the person if the cause a car accident while intoxicated.

Regular Mishaps
Every day one comes across news of drunk driving accidents on the popular media like the radio, TV, and newspapers. Even the Internet is full of such news reports these days. Yet few people realize how adversely a drunk driving arrest or accident can be.

Drinking and Driving
Various aspects of drinking and driving are there. Some of the major impacts of alcohol on the motor reflexes are as follows.
• While the effects of alcohol vary from person to person, it is invariably harmful for human body.
• Losing control over the movements of the body and consequentially losing the control over the vehicle often leads to drunk driving accidents.
• Such effects will depend on the weight, age, gender, and diets of the people concerned.
• Blood alcohol content of 0.01 to 0.05% of could be considered subclinical.
• When the blood alcohol content reaches above that level and even to the range of 0.06 to 0.12%, the effects become pronounced and often harmful as the person loses control over driving.

Confusion in body can impair normal movements and that is what drinking and driving can get one into. And the obvious result is accident that could be otherwise prevented and sometimes a family torn apart.

Please talk to your children about drinking and driving and use good judgment.

Continue reading "Drunk Driving Accidents Have Serious Consequences" »

It is a sad refrain that this great state of Texas has been the home of some of the most deadly 24 hour time periods on our roadways.

Ten years have passed since 46 people died in a single day on Texas highways. That's the equivalent of two classrooms - any many children were counted among the dead that day - or 4 full rows of people seated in a theater waiting for the coming attractions.

What happened?
Accident number one occurred in the early morning hours when the driver of a car packed with adults and children apparently fell asleep at the wheel. His car hit an overturned semi and three adults and three children were killed. This tragedy probably could have been avoided.

Not long after this a semi truck driver allegedly failed to yield the right of way to a pickup truck causing a fiery crash that killed eight children and three adults. Imagine having the awesome responsibility of commandeering an 80,000 vehicle and driving it in a manner that causes the gruesome and fiery deaths of innocent children.

Negligence and a lack of a sense of responsibility could be pointed to as the culprits. It is beyond the scope of one's ability to comprehend that he or she is alleged with causing one wrongful death - but nearly a dozen. What kind of life can be brokered after an experience of this magnitude?

A driver caused the final accident that day with a suspended license hauling 18 people in a vehicle that may not have been fit for the road. Hit by a semi - fourteen people died.

Don't drive if you're drowsy. Keep your car in good repair and watch out for semis because sometimes they're not watching out for you or unable to avoid you.

Continue reading "Texas Deadliest Day for Truck Accidents" »

Each year the Department of Transportation sponsors an annual road check event where certified inspectors at over 2000 locations check over 70,000 commercial vehicles for safety and driver violations.

The program is working. And last year's data proves that claim. After checking over 70,000 commercial vehicles at the compliance rate was 80.4% the highest on record. Additionally drivers compliance rate was approximately 96%, in other words less than 4% of the commercial drivers checked were out of compliance.

The success of road check is a testament to what we can do to protect the public with sensible regulations and enforcement of those regulations. Although, truck drivers were aware of the road check program it still serves a valuable purpose.

Many people have advocated a road check system to prevent drunk driving accdents. While the legality of that is subject to much debate, no one can argue with the successes if such a program was implemented.

The overall purpose of the DOT program is to urge drivers to make sure their rigs are maintained in a safe condition, seat belts buckled and eyes and minds on the road. There is no doubt that truckers serve a vital and important role in our economy and society.

Continue reading "Operation Road Check A Good Idea" »

There is no question that defective vehicle equipment plays a role in semi truck accidents. The question is - to what extent? And what are the most likely culprits in accidents? Let us look at the findings of recent studies for answers to these questions and more.

According to one study conducted in 2009, "post-crash inspections of the trucks indicated that almost 55 percent had at least one mechanical violation, and almost 30 percent had at least one out-of-service condition.

Of all equipment violations, violations in the brake (36 percent) and lighting (19 percent) systems were the most frequent. A truck with an out-of-service brake condition was 1.8 times more likely to be the vehicle that precipitated the crash.

In rear-end and crossing-paths crashes, brake violations significantly increased the likelihood that the truck was the striking vehicle" (Blower & Green 2009).

Other studies found that approximately 56% of semi truck accidents happen because of faulty brakes and another 21% can be traced to steering equipment problems.

If you have been the victim of a truck accident that can be traced to faulty equipment you have the recourse to recoup damages from the manufacturer, the company that installed the equipment and/ or the company that sold the piece of equipment. As always we suggest you consult a reputable Texas 18-wheeler accident lawyer.

Continue reading "Defective Truck Equipment Statistics" »

Drunk driving by 18 wheeler drivers is not a frequest occurance compared to other drinking accidents like motorcyclists, motorists, pedestrians and bicyclists.

Examples of injuries and fatalities when drinking and motoring can even include boating accidents. The main killer on the roadway is the drunk driver of a passenger car or pickup truck.

But the most likely to be deadly is the truck driver who consumes alcohol before climbing behind the wheel of his or her rig to hit the open road. Fortunately, it is not that common of an event.

According to studies done by the Insurance Institute of Highway Safety truck drivers are the least likely among all types of drivers to drink and drive. In a recent year they found that only 4% of all semi truck driver deaths had a blood alcohol content level that registered high enough to be considered legally intoxicated.

In statistics compiled by police forces around the country - random stops of drivers over the course of a year revealed that only 0.2% of truck drivers tested positive for alcohol (not necessarily to the point of intoxication) while 5% tested positive for illicit drugs including (but not limited to) marijuana and cocaine.

Undoubtedly, strict federal regulations regarding alcohol consumption and truck driving play a role in reducing the dangers to the public.

For instance, federal law calls for drug testing of drivers before an offer of employment. It is mandatory to get a blood alcohol content level of any 18-wheeler driver who is involved in a crash as well as random testing in general.

Drivers found with ANY alcohol content in their blood systems are taken out of service immediately. A BAC of 0.4 or higher causes the driver to be disqualified from applying for a CDL.

At up to 80,000 pounds one moment of indecision by an impaired driver can wipeout whole families.

Continue reading "Drinking and Driving a Big Rig" »

Although it varies from state to state, wrongful death is a civil claim in common law jurisdictions against a person or entity that can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.

The standard of proof in the United States is typically based on a preponderence of the evidence as opposed to clear and convincing or beyond a reasonable doubt.

When a family member or loved one is killed due to the negligence or deliberate act of a person or persons, the family may pursue a civil suit; but the perpetrator may also be criminally prosecuted as well for murder, manslaughter, negligent homicide or another appropriate statute.

Wrongful death suits can also be brought if the cause of death was related to hazardous conditions or an accident.

In the case of the death of a loved one - it is common to want to assign blame and pursue justice through legal means. In order to do so one must first be assured that the circumstances of a wrongful death are present. That means that the death certificate indicates the person died of an accident or negligence (deliberate or otherwise).

Too, there may be witnesses or other evidence to support a wrongful death claim.
No amount of money can replace the loss of a loved one - nor dampen the emotional trauma that results from death. A wrongful death lawsuit isn't really even about vengeance -it's about civil justice.

Our society requires that a person or company answer for their mistakes in a court of law.

Continue reading "Wrongful death - what is it? " »

Recent semi truck accidents across the country show that fault is evenly divided between the truck drivers themselves and drivers of the other vehicles involved in the wreck.

For instance, in Tampa a speeding driver drove straight into and under the back wheels of a semi truck. The semi truck driver was uninjured but the other motorist was airlifted in critical condition to a nearby hospital.

In another case in Indiana multiple calls were made to the State Highway Patrol concerning a semi truck that had been driving recklessly for over ten miles. The semi crashed - destroying its goods - by the time the time patrolmen caught up with the driver. He was cited for reckless driving.

And...just last week two reported semi truck accidents resulted in multiple death on Chicago roadways on the same day and only several hours apart.

Serious semi truck accidents usually result in litigation. The Texas truck accident attorneys in this firm bring (25) years of 18 wheeler accident experience to the courtroom on behalf of victims families and truck accident survivors.

We have an expertise in the most recent trucking regulations and laws and the applicability of it to truck accident litigation.

In addition, we have developed a wide network of experts in such concerns that include (but are not limited to) intoxicated driving, driver fatigue, and trucking business and driver negligence, speeding and vehicle defects.

Sadly, semi truck accidents do not seem to be a phenomenon that will be disappearing anytime soon. Therefore, sometimes the only comfort afforded to victims is through the civil justice system.