Texas Truck Wreck Attorney Blog

I recently came across an excellent article aimed at semi truck drivers and safe driving habits - and am compelled to share its contents with the readers of this blog. If you know a semi truck driver then please pass on the following information.

First, the driver should take care of him or herself. Make sure you are well rested and in good physical health before taking on the awesome responsibility of moving a semi truck down the road.

Second, be sure the rig is in good working order. Have regular safety check ups for such things as the tires and brakes. An eighteen wheeler that runs well makes the roads safer for everyone. Following the Federal Motor Carrier Safety Regulations goes along way to preventing truck accidents.

Third, know what the weather conditions are going to be like - whether traveling down the road or across the country. Driving in inclement weather of any kind is a challenge in a semi truck so prepare ahead of time - perhaps even consider pulling over until conditions improve.

Always leave plenty of room between yourself and other drivers. If passing - check all mirrors and blind spots. Observe all rules of the road and drive defensively. The lives of semi truck drivers are equally at risk if they lose control of the vehicle or are in an accident.

Finally, wear a seat belt at all times. Many semi truck drivers feel they are invincible from their high vantage point - but statistics show this to be otherwise. Take your time, pay attention and drive defensively - for your own sake and that of the other drivers around you.

Continue reading "Truck Driving Safety Tips" »

Everyone or almost everyone has heard the term frivolous lawsuit. With such term comes a picture of someone bringing a lawsuit without any merit or real basis in fact.

In Texas we had pretty major "tort reform" over six years ago and the results are startling. First, despite promises of reduced insurance premiums, premiums in Texas continued to rise- sometimes in double digits each year. What really happened were insurance companies made Texas a honey hole profit center.

Next, a unique phenomenon occurred, the frivolous defense.

Today, post tort reform, Texas consumers find that they must hire a lawyer to present many straightforward and meritorious claims that should have been settled.

You're stopped at a stop sign and get rear-ended by another driver who is texting, you don't agree with the property damage settlement for your wrecked car offered by the insurance company -- tough.

"Sue us" is what you will hear.

Incur medical bills because you are hit by a drunk driver or negligent party -be prepared to be required to hire a lawyer and file suit in order to be treated fairly and then your case must bear the burden of litigation expenses due to the frivolous defense that tort reform has created.

The reality of "tort reform" is that families are forced to hire personal injury attorneys to achieve any fairness in a clear liability matter that should have been settled. And, the law firm more and more often is required to file suit to obtain justice for the clients.

Just this week, I read an article by a Houston personal injury attorney who told the story of a teenage boy injured when his family's vehicle was struck from behind at a stop sign. The boy sustained a head injury and had eight stitches with a permanent scar. The offer from the insurance company --they offered to pay 80% of his medical expenses. Nothing for pain or trauma, nothing for scar, nothing for the head injury and the victims family was expected to incur 20% of the medical costs out of their own pocket for the privilege of being a victim of someone insured by this insurance company.

Hence, the frivolous defense is born in Texas by tort reform. It may have sounded good at the time, but when Texas families are the loser to insurance company greed- it is high time for a change.

Many reading this article will not be moved by the truth until they have to actually deal with an insurer in Texas- then it will be a painful eye opener.

One factor that is often overlooked by many lawyers attempting to handle truck accident cases is the condition of the brakes and the effect of that on the braking capacity of the 18-wheeler.

In some truck accident cases, particularly if there is no braking or if brake activity would not be relevant in determining what caused the accident then testing the brakes is not necessary.

In other cases, however, the condition of the brakes can have a huge impact on the outcome of a 18 wheeler accident lawsuit.

The reason that brake testing is so important is that both the truck driver and the trucking company have certain duties they owe as a matter of law with respect to the truck brakes. Additionally, maintenance companies may also owe a duty based upon their agreements with the trucking company or the work that they did on the big rig.

There are certain allowable limits and also acceptable parameters with respect to the truck brakes performance and deviations can be important in both evaluating the cause of the accident and in correctly placing responsibility.

It is critical that the Texas truck accident lawyer that you select be well-versed in not only the inner workings of a semi truck but also the parameters of acceptable braking and the ability to test the 18 wheelers brakes.

Texas leads the nation in fatal truck accidents. That statement is true for several reasons, the main one being the size of Texas and the number of 18 wheelers traveling on its highways.
Most truck accidents involve fairly serious injuries or wrongful death due to the sheer size of a tractor-trailer compared to a passenger car.

The most common reason for Texas truck accidents is the careless driving on the part of the professional truck driver. Big rigs take much longer to stop than a passenger car. If the brakes on an 18 wheeler or not adjusted properly it can further compound the stopping problem. Additionally, sometimes truckers push it trying to get an extra mileage for economic reasons. Driver fatigue and driver hour violations are also common causes of Texas truck wrecks.

The Federal Motor Carrier Safety Regulations specify the minimum level of safe performance of both trucking company and truck driver. It is these regulations that establish a duty on the part of the truck driver and trucking company. The State of Texas has adopted the federal regulations.

One factor that is critical in some truck accident cases is a prompt investigation of the accident. Trucking companies and their insurance carriers have quick response teams that get to the scene of an accident very quickly. Victims who do not retain experienced Texas truck accident lawyers are often disadvantaged from the very start of a truck accident case.

When selecting a Houston truck accident attorney look for a track record of success combined with the economic staying power to fight the large insurance company which will be defending the case. There is no substitute for experience in truck accident litigation.

Greg Baumgartner is a Texas 18 wheeler accident attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Texas personal injury lawyer call the Baumgartner firm at (281) 587-1111.

I think it is sobering and necessary for the average citizen to be regularly apprised of the types and extent of semi truck accidents in the country. If the information serves to make drivers more cautious then I feel this blog has served a purpose.

A semi truck accident that occurred in the Midwest two years ago is just now making its way through the court system. The circumstances surrounding the accident are reported as follows:

The victim was driving on an interstate highway when a semi truck struck her automobile from behind. This collision has since left the female driver in a coma and her husband has filed a lawsuit on her behalf to recoup - among other things - the overwhelming medical costs that are an expected expense of this type of injury.

In addition, the spouse is asking for the wages his wife has lost because of her continued inability to work. In the suit the plaintiff alleges that the driver was negligent on several counts. First, he failed to keep a proper lookout of the roadway ahead and around him and, too, he failed to slow down to avoid an accident.

Some of the damages typical of serious injury cases also include disfigurement (for scars or lost limbs), physical impairment (for loss of the ability to do some things) and loss of household services and loss of consortium for the losses by the spouse of a seriously injured victim.

It's important to note that the focus of semi truck accidents is not always about injury or loss of life. Instead, the property damage wrought by the incident may leave one speechless.

For instance, earlier this summer a semi truck accident along an interstate in California caused nearly 9000 gallons of fuel to spill. It subsequently burned for hours and surrounding neighborhoods had to be evacuated. The good thing about this accident? There were no injuries. The bad? Well, early estimates put the cost to replace the highway into the millions - and the inconvenience to drivers and those who had to be evacuated- well that remains to be seen.

Continue reading "Damages in Truck Accident Cases" »

Even though the public has had a thirty year ongoing conversation about drinking and driving - it seems that the phenomenon of alcohol fueled fatality accidents is no closer to being a distant memory than it was 3 decades ago.

Research shows that (unbelievably) 66% of highway fatalities were alcohol related in 1982 and today, 42% of highway fatalities are alcohol related. I don't think it's a stretch to say that we've made little progress in curbing the disaster of people who continue to drive while they are intoxicated. It was only a few years ago when some very popular political figures in Texas OPPOSED the open container law in Texas.

Consider the circumstances of these recent reports of drunk driving accidents - and then ask yourself - would I drink and drive if I knew this would be the outcome?

Four teens are killed at the hands of a woman who had downed several pints of vodka and chased it down with other types of alcohol.

A 69 year old man killed a popular teacher in a drunk driving, hit and run accident. He was sentenced to 2 - 4 years in prison. The family received life without their loved one.

A female police officer was charged with a hit and run DWI when she allegedly killed a homeless man after an evening of drinking and then left the scene of the accident.

The incident was reported to have been caught on the video camera of a local establishment - thereby allowing fellow officers to track down the suspect.

One couple in Alaska summed it up very nicely when they said that a drunk driving fatality accident captures the hearts and minds of the public for a few days then it is forgotten - until the next crash.

They have penned a free book aptly titled - Soul Shaking Grief - a Victim's Memorial. The sum it up simply - as long as we live in a free society that makes it hard to stop people from getting behind the wheel of their vehicle when they are drunk then we will continue to lose innocent men, women and children to their recklessness.

A Houston area family that lost their daughter in a drunk driving accident have started Krystas Karing Angles which takes wrecked cars around the community to show young drivers first hand the reality of drunk driving accidents. It is a great charity and i urge you to support them.
http://krystaskaringangels.com

Continue reading "Drunk Driving Accidents" »

It seems there are no limits to either the rate or amount that auto insurance premiums can and will rise especially in Texas.

However, my research has uncovered several timely suggestions for keeping your insurance rates in check. Consider the following options.

Do not purchase a new car every year. Older models require less insurance coverage. This is especially true if you are putting your teenager in a car for the first time. I have yet to meet the young adult who does not get themselves in a scrape or two while on their way to adult driving.

Nicks and dents in new automobiles can be very costly whereas the same problem with an older car can be written off as new driver experience.

Buy family plans - and shop around for the best prices. If you have been getting your auto insurance from the same representative over the past several years then they should be willing to offer you and your family a great deal. Most insurance companies now bundle several types of insurance together which additionally lowers costs - and every insurance company has a gimmick to keep you. Find out what they are and insist the company offer you only the best deal out there.

Shop your rates with different carriers every year- you may be shocked at the savings.

Finally, try to follow all traffic laws. The fewer traffic violations you or your family members accumulate - the less your insurance will cost you on an annual basis. Safe driving is truly a money saver...and in today's economy we all know that every penny helps keep the family going - literally!

Continue reading "Tips to Lower Your Car Insurance Rates" »

Recent truck accidents - not of the semi truck kind - in Texas and beyond are a powerful reminder that defensive driving may be the best way to avoid accidents - short of not driving anywhere at all! Consider the following reports:

In a nearby locale the driver of a pick-up truck lost control of the vehicle which ended up submerged in a ditch filled with water. One person died as a result of the accident and another was taken to a nearby hospital for further treatment.

The passenger of an extended cab pick-up truck was killed when the elderly driver lost control of the vehicle.

The rear tire of a gravel truck exploded causing the driver to lose control of the vehicle and overturn on a nearby overpass. Traffic was backed up for several hours and the driver received only minor injuries.

A sixty year old driver died when his vehicle went off a bridge and into the waters below. The driver was unable to escape because his window would not roll down.

A tow truck struck and killed an elderly woman in a parking lot during the afternoon hours several day ago. The cause of the accident is still under investigation. The driver of the tow truck was hospitalized in shock.

Any car or truck has the potential to be involved in an accident. More often than not it's the driver behind the wheel and not the vehicle that's the cause of the collision.

Continue reading "Its Usually Poor Choices that Cause Accidents" »

There are a number of organizations - MADD among them - that feel the federal regulations related to truck drivers, truck companies and driving are not stringent enough - and only minimally effective in preventing 18 wheeler accidents.

Frankly, there are hundreds of rules on the books that address everything from truck vehicle parts to all aspects of driver expectations. With this in mind one might think that semi truck transportation would be one of the safest types of transportation in the United States.

Unfortunately, rules and regulations often do not translate into optimum conditions in real-time driving and truckers often disregard the regulations which lead to tractor-trailer accidents.

For the purposes of this blog let us consider motor vehicle safety regulations. While there are general regulations that offer both a scope and definitions related to semi trucks - there are hundreds of specific rules that govern all aspects of the components of an 18 wheeler. This includes the display panel, the windshield and defrosters, hydraulic brakes, brake hoses and brake fluid, mirrors and tires, warning devices, head restraints and impact protection for the driver against the steering control system, occupant crash protection, seat belt assemblies, door locks, rear impact guards, flammability of interior materials and fuel system integrity.

The Federal Motor Carrier Safety Regulations amount to over 400 pages not including official interpretations of the rules.

The origins of these rules can be traced to the U.S. Department of Transportation - specifically the Federal Motor Carrier Safety Administration. Regulations begin as proposed rules - and then are considered by legislators before becoming 'interim final rules'. The final step is for a rule to be accepted by the Department of Transportation and incorporated into the series of legal regulations.

The website has been referenced below for those who are interested.
http://www.fmcsa.dot.gov/rules-regulations/truck/vehicle/truck-vehicle.htm

Continue reading "Are the Trucking Regulations Strong Enough?" »

The Courier news reports that almost 2 years to the day after a truck accident killed a 32-year-old woman and injured her husband and son, a court awarded $6.5 million in the wrongful death lawsuit.

The woman was with her family on the way of a family outing when the family vehicle was rear-ended by an 18-wheeler. According to the published reports the truck driver was under the influence of drugs at the time of the wreck.

The truck driver had previously pled guilty to aggravated driving under the influence of drugs and is serving a 45-month sentence on that charge.

The husband of the victim also had substantial injuries from the 18-wheeler accident and the award included his personal injury claims and those of his three-year-old son.

The compensation was broken down as 4.7 million for the wrongful death of the 32-year-old woman, 1.5 million for her husband's injuries and 300,000 for their son according to reports.

Additionally, the lawsuit alleged numerous safety violations on the part of the owners of the tractor-trailer including failing to drug test their drivers or performing background checks, obtaining to driving records and other infractions were alleged.

Continue reading "$6.5 Million Award in Truck Accident Lawsuit" »