Texas Truck Wreck Attorney Blog

The trucking industry attends to a diverse base of customers. If you travel the highways you are sure to see over-the-road truckers hauling products for any of the top retailers across the country. What might not be as obvious are drivers in rigs that are hauling any of a wide variety of hazardous wastes across the country.

While many of the responsibilities of a hazardous waste material truck driver are identical to that of other semi truck drivers there are some differences.

In order to join the ranks of the semi trucking industry at all a man or woman must attend school and pass the state requirements to receive their commercial driver's license or CDL. However, to transport the more dangerous materials your license will require a special endorsement as well as a criminal background check - that would include getting fingerprinted - by the Transportation Security Administration.

There is no argument that hauling hazardous materials poses a risk to the public at large. Americans are blissfully unaware that actually millions of shipments containing hazardous material are transported daily across the country!

Trucks are marked with a special placard that identifies their contents as hazardous and names the contents as well. The helps to expedite appropriate decision making on the part of first-responders - in the case of an accident or other catastrophe.

Additional markings may also be required by law depending on the hazardous material in question.

Hazardous material transport is not expected to decrease in the years to come and involves additional regulations due to the increased risk to the public.

Continue reading "Hauling Hazardous Material" »

If you or a family member is involved in a semi truck accident and you seek the services of a truck accident attorney there are certain steps that will be followed as your case is evaluated, organized and brought to trial. In my opinion, it would probably be helpful to understand the methodology behind a civil lawsuit - and what follows is a simple explanation of just that.

After an initial consultation in which you would speak to an attorney and they would evaluate your legal options with you based on the information you provide - they may or may not decide to take the case. If they do then the next step is called 'discovery' - and it's pretty much just what it sounds like.

During the discovery phase a lawyer will spend time gathering documents such as the accident reports, depositions - which are sworn statements in front of a court reporter and officer of the court, and other important information.

At the end of the discovery phase either side may try to get the other to dispose of a part or all of the case with what is known as a motion for summary judgment. Following this both sides may try to come to a resolution through mediation, a negotiated settlement or an alternative dispute approach.

If all possible alternatives are exhausted and the case has not been resolved then it will go to court. After a trial - a jury or judge then makes decisions concerning the unresolved matters.

At the end of this - a judgment is entered. If either the defendant or plaintiff is dissatisfied with the decision then they can appeal - and the process continues.

Continue reading "The Process in Truck Accident Lawsuits" »

The history of the trucking industry is long...and short. I will not bore you with its humble beginnings that date back to the 1700s or go on and on about how it flourished in World Wars I and II.
No - let's begin this little history less in 1980 when the trucking industry - like everything that Ronald Reagan touched morphed due to deregulation. Before 1980 there were perhaps 17,000 truckers across the country but within a decade this figure had more than doubled. In addition, the number of carriers exploded from only 100 in 1980 to 5000 by 1990 - a growth of five hundred percent in a single decade.

So what did deregulation actually mean for the trucking industry? Simply - it opened up competition and got the government out of the day to day operations.

It allowed for greater competition and the trucking industry as a whole flourished.
However, now the pendulum has swung the other way. The almost laissez faire attitude of the government created an anything goes environment in the trucking industry - and it showed. Injury and fatality accidents increased and the number of trucking companies that sat in the defendant's seat during court cases skyrocketed. There was a total lack of accountability.

The hands-off attitude is being replaced with greater oversight in recent years and the state and federal safety expectations have put trucking companies on notice - meanwhile the rest of US are one notice to drive defensively around big rigs.

Continue reading "History of Trucking" »

Deadly train accidents happen on a regular basis around the country. They can usually be attributed to one of two factors - either driver or pedestrian carelessness or a deliberate attempt on their part to 'outrun' a train or a lack of adequate warning to the driver or pedestrian that they have either come upon a train crossing or that a train is hurtling down the track directly for them.

It is rare that a person is able to walk away from a train accident. Consider the following two incidents.

For the time being law enforcement officials are unable to determine the reason a Seattle woman's car ventured onto railroad tracks Thanksgiving night and was struck by an oncoming train. She died from her injuries at the scene. According to railroad officials she was the 19th fatality on railroad property in that state alone for the year. (A piece of information like that is a red flag that the railroad is negligent in securing the safety of others).

In a second incident here in Texas a teenage boy was struck and killed by a train as he walked (apparently unaware of the fact that a train was headed straight for him) on the tracks.

In both instances a family has been left in mourning with more questions than answers and there is no doubt that the family will want answers.

Continue reading "Train Accidents " »

All the while that I am applauding our federal government for passing legislation to tighten the safety requirements of the business of transporting goods across the country with semi trucks - the trucking industry is working at cross purposes to prevent these new laws from actually coming to fruition.

A recent safety analysis begun by the Federal Motor Carriers Safety Administration was intended to impose more stringent measures to evaluate the safety performances of the individual commercial trucking companies and their drivers.

Their purpose is two-fold - first they want to gather the information and make it available to the public and, too, they want to pressure trucking companies to improve their safety standards. The trucking industry is not happy about this.

In fact, they are so unhappy they have filed a lawsuit to impose an immediate stay of the standards. They do not want the safety data released for fear it could be used against them in potential lawsuits.

In addition, the harsher standards would paint many trucking companies as deficient - when they are currently rated much higher.

Please pardon this very immature reaction on my part - but this is typical. IF it was their child, their mom or dad, their aunt, uncle or friend that was killed in a truck accident because either the company or the driver had behaved negligently - then I'm sure they'd be 'singing a different tune'.

Unfortunately, it is because the industry shows a tendency to cut corners and put the safety of other drivers on the road LAST that there even needs to be regulations.

Call your congressman and other representatives. Insist these regulations go forward

Continue reading "Trucking Industry Wants to Block Safety Information" »

Big rigs are by nature a dangerous vehicle when compared to others on the road due to, among other things, their size and weight.

In addition many haul dangerous chemicals or flammable materials that give them the potential to be deadly in an accident. Let us consider the following incidents involving semi trucks across the country in which someone paid the ultimate price with their life.

A firefighter was headed to a local home improvement store in his truck when all indications are that he had engine trouble. His truck was found pulled off to the side of the road with the hood up when emergency personnel arrived. He had been struck and killed by a semi truck driver and the accident is still under investigation.

In another case, a pedestrian was hit and killed in a predawn accident in which the victim was likely struck by several vehicles. A pedestrian is no match for any type of vehicle - but when facing a big rig there is no room for doubt that the pedestrian is bound to suffer grave injuries.

Two elderly women were killed instantly when they attempted to go around a tractor-trailer in the passing lane and drifted back over in front of him too soon. The truck t-boned the car and sent it careening across the median where it came to rest.

My advice is to drive defensively and observe all traffic rules. Also use common sense when motoring near a semi truck - although there is no guarantee that you will not find yourself in an accident at some point in your life - safe driving increases the odds.

Continue reading "Truck Accidents are Usually Deadly" »

For regular television viewers - commercials for insurance companies seem to air several times an hour. Who doesn't know one or two of the more popular jingles? Who can't identify unusual mascot spokespersons for others?

And there's one company that must add a new segment each week with a kooky saleswoman spewing clever sales advice? All these ads may convince the consumer that the insurance business is a 'warm and fuzzy' one with the best interest of its customers at heart - unfortunately, often nothing can be further from the truth.

Insurance company bad acts in claims handling and deceptive practices - well, if not rampant certainly more common than the consumer is aware of - impacts consumers in all areas of their daily lives - from purchasing the correct amount to meet their home, life, and vehicle needs to filing claims that are rejected for minor and unexpected reasons.

Meanwhile, insurance companies rake in billions of dollars in profits - from the premiums of their customers who often loyally and without hesitation send off their monthly payments fully trusting that if there comes a time they are in need (heaven forbid) - then their insurance company will be there for them.

Well here is an example of when they were not. An insurance company balked at paying the medical bills of an accident victim because they offered that perhaps the man's physical maladies were not the cause of the accident - one in which the gentleman was in a driver's side impact collision that required two neck surgeries to repair his bodily injuries.

So they sent him to a doctor who makes a good part of his money in helping insurance companies deny claims-never mind the 2 treating doctors. The doctor's opinions are the same on pretty much each and every case he handles for the insurance company- they should not have operated, the victims condition already existed and the wreck was not the cause.

Unfortunately, this scenario repeats itself daily as it seems insurance companies are more willing to pay your premiums to unethical doctors and others to find ways to avoid paying accident victims than actually meeting their obligations.

Do not allow yourself to be bullied by your insurance company if you are in an accident find a good personal injury attorney.

Continue reading "Doctors Hired By Insurance Companies to Deny Claims" »

It should come as no surprise to readers that even those entrusted with the oversight of our safety can be swayed to make choices that are not in our best interests.

Take, for instance, the recent lobbying efforts in Washington conducted by well over a hundred companies, to persuade our legislators to allow even bigger and heavier trucks to transport goods across American roadways.

Never mind that study after study has shown that the larger and weightier the semi truck - the more dangerous they are to the other drivers around them on the road. The reasons for this are obvious.

First of all, the larger and longer the semi truck is - and companies are suggesting that their trucks be allowed to add a third trailer to the rig - the more difficult it will be for the truck to stop in a time frame that may be necessary to avoid an accident.

To put it mildly - they already can't stop on a dime - imagine a 3 trailer rig carrying the weight of nearly 20 tons and a subcompact losing control on the road in front of it. You needn't be a mathematical whiz to figure the odds against the driver of the smaller vehicle.

Decision makers must also take into consideration that even if they were to allow an increase in the size and loads of semi trucks - this additional increase will not be matched by other cars and trucks on the road.

At some point the safety of the individual outweighs the profits of a company. Let's use some common sense here and put Texas families safety above trucking company profit!

Continue reading "Do We Really Need Bigger Trucks on our Highways?" »

Part of my responsibilities as a semi truck accident lawyer is to remain updated on any and all information related to the topic of semi truck accidents.

It was recently brought to my attention that a study conducted by a branch of the federal government, whose job is oversight of the trucking industry, the Federal Motor Carrier Safety Administration or FMCSA, has found shocking evidence that in the case of 18 wheelers there is generally not enough liability insurance carried to cover the costs of a catastrophic accident.

This bit of information should be unsettling to everyone. Although none of us care to consider the possibility that we could be the victims of a smash-up with a semi - it remains for some a real possibility. Rarely do those who have been involved in an accident with an 18 wheeler have the opportunity to walk away unscathed.

In a good part of these types of vehicle collisions the medical costs and conservatively run into the hundreds of thousands of dollars. If the semi truck driver or his company is not adequately insured then the accident victims face monumental - even insurmountable - bills that may be beyond their means to pay.

While the Federal Motor Carrier Safety Regulations specify the minimum level of insurance coverage which is quite a lot higher than normal passenger car coverage, given the injury potential of an18 wheeler accident sometimes unless the company has excess coverage its just not enough insurance.

What can the average citizen do? Begin by looking at your own insurance policy, consider Underinsured motorist coverage.

If you need information about your own policies contact your insurance agent and set up a review of your coverage. And drive safe.

Continue reading "Insurance For Truck Accidents" »

In a 1997 NHTSA study, older people made up 9 percent of the population but accounted for 14 percent of all traffic fatalities and 17 percent of all pedestrian fatalities. NHTSA's "Traffic Safety Facts 1997: Older Population" (DOT HS 808 769) reports that:

In 1997, more than 24 million people in the United States were over 70 years of age.
Representing 9 percent of the population in 1997, the 70-and-older age group grew 2.1 times faster from 1987 to 1997 than the total population.

In 1986 older drivers were 7 percent of licensed drivers; in 1996 they were 19 percent of licensed drivers. Clearly our driving population is getting older as "baby boomers" age.
Of traffic fatalities involving older drivers, 82 percent happened in the daytime, 71 percent occurred on weekdays, and 75 percent involved a second vehicle.

When a crash involved an older driver and a younger driver, the older driver was 3 times as likely as the younger driver to be the one struck. Moreover, 28 percent of crash-involved older drivers were turning left when they were struck-- 7 times more often than younger drivers were struck while making left turns.

Frankly my response to this information is a resounding -Wow, who knew? Granted the statistics may be somewhat dated - but they beg the question - is there an age that is too old to drive? It is a very tough question.

Continue reading "Age As a Driving Factor!" »

More and more research is confirming that the newest deadly problem facing drivers is what has been termed 'distracted driving'.

In fact, some studies argue that it is replacing drinking and driving as the biggest reason for automobile and truck fatalities on today's roads. With all the data that continues to be accumulated - this statement is hard to argue against. But before we talk facts and figures consider the reality of the following two incidents reported.

A high school boy in a nearby state who recently got his license was driving himself and friends to school - music blaring, everybody moving to the music and enjoying the freedom like no other that comes with being a teenage boy with your own car. A friend pulls up beside him - engines revving they decide to show off a little and race to the school parking lot. One car loses control and one teenage boy loses his life. One young man had to have extensive reconstructive surgery - no one is left unscathed emotionally.

Elsewhere a mother was alternately holding cell phone conversations with two children back and forth - putting the finishing touches on the after school schedule of who, what, where, when and why. She failed to see a stop sign - went through and was struck from the side. Sadly, she will be making no more schedules.

Distracted driving statistics now run as high as 20% percent of highway fatalities or - in real numbers - about 6000 persons killed last year alone in distracted driving accidents.

As a Texas personal injury attorney I am afforded a front row seat to the carnage - and the devastation left in its wake from distracted drivers.

Don't drive distracted because it may be the last time you drive.

Continue reading "Don't Drive Distracted!" »

The percentage of semi truck accidents as a part of the statistics on injury and wrongful death accidents in the United States as a whole is relatively small in comparison.

The figures fall somewhere below ten percent and have come in at eight percent or less on occasion over the years. Now if you or a friend or loved one has been involved in a semi truck accident then that number looms large in your life - but overall, with millions of drivers taking to the road each day in a number of states of 'disrepair' (so to speak) one can breathe a heavy sigh of relief that there are not more crack-ups with semi trucks than what actually occur.

My advice to drivers who wish to avoid a property or personal injury accident with a semi truck is to adhere to the following bits of advice.

First, drive defensively - day and night. If you are following the rules of the road you have a better chance of reaching your destination safely. That means don't tailgate (especially semi trucks because the rule of the road is if you can't see the driver then he can't see you) or speed.

If you are passing a semi truck do not linger at its side but move quickly around it and then give yourself plenty of room before pulling back in front of it. Too, always be on guard for erratic driving in semi trucks. If you see one that does not seem to be following strict driving guidelines then notify your state highway patrol by either dialing 911 or a number seen posted on the sides of most highways. But please pull of the roadway in a safe place to make that call.

Continue reading "Drive Defensively to Avoid Truck Accidents" »