January 2011 Archives

January 30, 2011

Being in a Hurry Can Kill You

A split second decision in your vehicle can change your life forever - or take it away in an instant. In a neighboring state, a father-to-be pulled up in front of the public library so his pregnant wife would not have to walk on snowy walkways to get into the minivan. When she slipped he jumped out to run to her aid - and forgot to put the car in park. The minivan ran him over and killed him instantly while the mother of his first unborn child stood helplessly by. In Houston last week a similar car accident just claimed the life of a noted professor.

A young woman stepped out of her car to scan her parking ticket that would then raise the gate in a parking garage and allow her vehicle to exit. Most likely in a hurry - maybe happy to be done for the day - no one will ever know - she failed to put the car in park Even as she attempted to get back into the car it rolled forward and pinned her between her vehicle and the gate. She died.

A split second decision in your vehicle can change your life - or that of someone else - forever.
Trying to get a light before it turns red? Making a quick left hand turn across oncoming traffic to stop at your favorite grocer for dinner?

Finally, if you are exiting your vehicle ALWAYS put it in park.

Too often, we wish we could take back just a single moment in our decision making - my advice, slow down and think about what you're doing. The life you save may be your own.

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January 28, 2011

Poor Decision Making Leading Cause of 18 Wheeler Accidents

According to a DOT study done in 2007, the leading cause of serious injury or wrongful death truck accidents is poor decision making by the truck driver.

One of the hardest things to do in the study was to actually define the "cause" of the truck accident.
Experienced Texas personal injury lawyers know that most semi truck wrecks usually involve several different factors that worked in combination to have caused the crash.

Over 120,000 people have been injure truck accidents and decision-making by a truck driver was a large factor in many of those accidents. Improper decisions included, driving too fast for conditions, misjudging speed or following too closely. The next most frequent issue was poor recognition, which included distracted or inattentive driving or failing to keep a close eye out.
The next most common reason was non- performance by the driver, which included things like falling asleep, a medical condition or physically impaired.
Finally, poor driving performance or driver error was listed as a factor in about 10 percent of the accidents studied. Other listed reasons are:

• Fatigue
• Inadequate lookout
• Driving too fast for conditions
• Over-the-counter drug use
• Under pressure from motor carrier
• Illegal maneuver and inattention.

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January 25, 2011

Texas Truck Accidents Alter Quality of Life

While we often discuss fatality statistics stemming from semi truck accidents that occur across the state (on a regular-daily-basis) we spend less time considering the fact that these accidents also lead to catastrophic injuries that permanently alter a person's quality of life.

Besides the fact that thousands of people die annually from semi collisions calamitous afflictions include loss of limbs, paralysis and traumatic brain injury. In additiion victims of semi truck accidents may remain in a lengthy coma - perhaps never to awake, or suffer other brain traumas that would affect their speech, memory or ability to think and comprehend. Permanent physical handicaps are also a common result of a semi truck accident.

What most people fail to realize (unless you are the family member of a semi truck accident victim) is that not only is the quality of life of the person who was in the accident forever altered BUT SO IS THAT OF ALL FAMILY MEMBERS. Holidays will never be the same - in fact, day to day living will never be the same.

Either those who suffer catastrophic injuries are placed in permanent rehabilitive facilities - or they are cared for in the home - each of the alternatives places a burden on those closest to the victim.

In the end, nothing good comes from semi truck accidents. They forever alter quality of life and no matter what happens in an 18 wheeler accident lawsuit many lives have been forever changed.

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January 23, 2011

Underride and Override Truck Accidents

Two of the most deadly types of accidents that involve a semi truck and another vehicle either occur when a vehicle drivers UNDER a semi truck Texas truck accident lawyers call this an (underride) accident, or when the semi truck actually drives OVER another vehicle and Texas 18 wheeler accident attorneys call this an override case..

The causes are varied and can include anything from driver inattentiveness to speeding. While the former type of accident would seem to be caused by the driver of the vehicle that runs into and under the back of a semi truck - the latter is most definitely the fault of the semi truck driver.

Unfortunately these usually result in wrongful death lawsuits - and it is determined in a court of law that with a little due diligence the accident could probably have been avoided. What follows are some simple words of advice for drivers of semis and cars that should help to prevent underride or override collisions.

First, always keep a safe distance between your vehicle and those in front of you. This is important for all drivers. If you maintain a distance of several car lengths between yourself and the person in front of you it allows for adequate stopping time in an unexpected situation.

Semi truck drivers should be sure that their hazard lights and brake lights are in proper working order EVERY time they get in their truck. These simple safety devices can actually save lives.

Semi truck drivers should be sure that they have adequate reflectors and/or reflective tape on the back and sides of their truck. These additional safety measures increase the ability of other drivers to see the vehicle and react.

Finally, everyone should be sure their brakes are in proper working order...

Drive defensively.

January 20, 2011

What is Behind an Insurance Adjuster's Phony Smile?


Most Los Angeles car accident lawyers will confess that car accidents will continue to happen in Los Angeles so long as drivers and pedestrians continue to fight their way through crowded streets. After being injured in an accident you should expect to hear from an insurance adjuster.

Don't be fooled by their friendly voice and compliments. This misconception can significantly hurt your claim if you walk into their trap. The cold reality is that an insurance adjuster is not your friend. His job is to settle your case for as little money as possible.

The sole purpose of an insurance adjuster is to make as much money possible for the insurance company. Whenever an insurance adjuster saves the company money he is passing those savings on to the shareholders. An adjuster's act of being kind is one of their many tricks they have been trained to use.

When talking with an adjuster it is important to be mindful of what you say. Some adjusters will record your statements to use them against you at a later date. Their tactics in negotiation claims can be very cleaver.

If your accident happened in California, you will need to keep in mind the statute of limitations for your injury claim. This is the expiration date for your claim. If you wait too long your statute of limitations will expire and you will not be able to recover anything for your accident.

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January 18, 2011

Changes Ahead for Semi Truck Drivers

if you believe there is something at all romantic about being an over-the-road semi truck driver - a week or two in the cab of one of those big rigs would quickly change your mind. Oh sure, hitting the open road and making a living by driving sounds alluring (and easier than your current form of employment) but in the end it is a difficult, monotonous job that requires a focus, concentration and responsibility that it difficult to understand unless you've actually done it.

One of the greatest dangers of semi truck driving is driver fatigue. Getting from point A to point B while keeping the rig in control is physically and mentally demanding. Too, many trucking companies pay drivers extra for 'shaving time off the run' which entices drivers to stay on the road long after they should have pulled off to get some rest. I doubt there's a driver out there who hasn't experienced weariness after a few hours behind the wheel so the concept of driver fatigue is most likely universally understood.

The federal government is proposing changes to the trucking industry that would lower the number of hours a truck driver could be on duty. The goal is to help decrease injury and fatality accidents due to driver fatigue.

If you are interested in reading the full proposal visit the Federal Motor Carrier Safety Administration's website.

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January 16, 2011

There are some Heroes Among Us

The media is filled with stories every day about vehicle collisions - cars, trucks, motorcycles, etc. - and the requisite injuries and fatalities that are often the result of these crashes. Somedays it seems like the roads are only filled with mayhem - and there's no good news to report related to the auto and truck industry.

But today there was a report of a small truck crash that had - if not a happy ending at least one that we can all share in the relief of - and a bit of heroics was involved as well.

The circumstances of the reports of the collision were odd from the start. According to eyewitness accounts a truck carrying a man and a baby was headed down the roadway when it struck a hog! Although this is not the point of the story - one must wonder about the presence of a hog on a public road to begin with. Nevertheless, it was there and when the truck struck the swine the driver lost control of his vehicle and crashed into a tree...and burst into flames.

A nearby resident heard the commotion and ran to the scene. When the father indicated that his child was trapped in the car - this HERO - a gentleman who did not waste a moment weighing the cost to his own life - jumped to action. He broke out the back window of the truck and cut the child from her carseat while the father watched helplessly - having drug himself from the vehicle with what was apparently two broken legs.

At this point I could write about the potential negligence of the swine's owner or I could reflect on the design of the car that lead to the fire or the randomness of life and accidents. Either would be warranted - particularly in light of the tragedy that could have resulted.

But, instead, I think I'll just express my gratitude for the fact that there REALLY are heroes among us and they show themselves every day in our great nation.

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January 14, 2011

The Latest Statistics on Semi Truck Accidents

Last year nearly 5000 truck drivers were killed in accidents and another 100,000 sustained injuries to varying extents. Overall, a half million semi trucks were involved in accidents as well.

When these statistics are considered against the fact that over 15 1/2 million semi trucks logged nearly 140 billion miles in a single year - some might offer that the numbers seem small in comparison. However, when these are further broken down then that means an average of over ten truck drivers a day die in vehicle collisions...and that is not as easily dismissed.

Furthermore, look for American roadways to become more crowded in the coming years as the lastest figures show that the number of 18 wheelers on the highways is expected to increase by nearly twenty percent...and with the increased pressure by the trucking industry to loosen driving standards - instead of attempting to meet higher standards that are meant to make the job safer for their workers as well - I would bet that there is little chance we will see accident, injury and fatality statistics to fall in the future.

Finally, statistics related to semi truck accidents impact everyone who drives. Many semi truck accidents are not single vehicle collisions but involve other cars and trucks as well - and add to the number of highway wrongful deaths that are tallied daily and annually.

My advice, drive defensively.

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January 12, 2011

Recent Texas Truck Accidents

I believe i have a responsibility to remind my reading public of the persistant and regular occurrence of truck accidents on our roadways - as a way of cautioning all drivers to drive defensively.

While most often we focus on the poor behavior of the rig driver as the culprit of an accident - in this blog we'll consider the errant behavior of other drivers on the road instead. What follows are accounts from two news stories about semi truck accidents on Texas highways - that were the fault of other people.

One particularly frightening semi truck accident occurred outside of Dallas last Friday afternoon. According to police reports a semi truck filled with petroleum hit a concrete median after the driver lost control in a sort of 'chain reaction' incident caused by another driver.

Although there were - surprisingly - no serious injuries reported, both sides of the highway were closed as the petroleum fire burned for several hours. The semi truck was a total loss and eyewitnesses claim that the spilled material seeped into a nearby creek causing it to catch fire as well.

Around midnight last night two men traveling at speeds of up to 100 m.p.h. lost control of their vehicle when attempting to pass a semi truck - running into the back of it instead. There was no report of the semi truck driving being injured - but the two gentlemen in the speeding car had to be extracted with the use of the 'jaws of life' almost certainly serious injured.

I believe I'll sign off this time with - drive intelligently - drive safely!

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January 9, 2011

A Truck Driver's Greatest Asset

Just like a sports team wants the best athlete for the job - and the best companies want the top recruits in their chosen fields - so, too, are trucking companies also on the lookout for employees with certain assets.

The most important advantage a potential driver can have? Surprisingly, it's a clean driving record!

Why? Well, the reason for this is simple. Driver's who have good driving records - both as a private citizen and also as a driver for previous companies are a cost effective find for trucking companies. Insurance to cover the costs of hiring them remain lower than other drivers - and there is also a better chance that they will carry their cautious driving habits with them each time they do a job - which helps to assure that the trucking company will avoid future accidents.

That, in turn, allows the trucking company a sense of confidence that they will not be on the receiving end of a wrongful civil suit due to driver negligence.

So it's obvious why truck drivers with clean records are in great demand - and in return can command a somewhat hiigher salary for the same job as a driver with a spotty record.

Therefore, those who are considering joining the ranks of the truck driving American economy over the next decade - then 'clean up your act' (so to speak) and address any driving issues that may be a detriment to securing gainful employment as a truck driver.

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January 7, 2011

Weather Alerts- Plan Your Trips Accordingly

This past week has been what most weather forecasters would consider to be par for the course now that we are into the winter months.

Snow - several feet deep, ice, frost, freezing rain, downpours, sleet and heavy fog are the expected outcomes when our half of the planet faces away from the sun!! Adults should have come to expect challenging weather AND DRIVING conditions once the calendar rolls around to November - and furthermore, they have no reason to doubt that this same climate and elements will dog us for 3 to six months.

Yet, turn on the television or refer to any other media and you will see drivers making the ridiculous choice of attempting to travel in absolutely abominable if not impossible conditions.

Several days ago a news story continued to play every half hour about a ONE HUNDRED CAR PILE UP in a western state - even after troopers and other state officials all but begged drivers to stay off the roads due to the fact that driving conditions were hopeless.

Yet, hundreds of people set out anyway - risking their own lives and that of their loved ones - to reach an arbitrary destination for an arbitrary reason. Just because the calendar said that the holiday was over and work and school awaited - people chose to take to their vehicles on rural and state highways - and then endure the frightening experience of having no control of their vehicle as it slid everywhichway into other drivers.

No job or classroom is worth the cost of an irreversible injury or death. Make safe choices when it comes to traveling in inclement weather.

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January 2, 2011

Texas Truck Accidents

As the old year comes to a close and we welcome a new...decade...let us hope that some of the newer safety regulations and safety features on semi trucks and other commercial vehicles will help to lower the number of injury and fatality accidents on our state roadways. Consider the following recently enacted legislation as well as some of the newer safety devices you'll see on trucks.

Everyone will be glad to hear that it is now against the law for truck drivers to be on their cell phones when they are operating their vehicles.

Several horrific accidents that claimed the lives of innocent Texans finally led to this latest law. Talking and texting on a phone while driving has been found to have the potential to be so deadly that many states are following suit and impuning fines and other punishments when a person has been found to be using their phones behind the wheel of their vehicle.

But it doesn't take a rocket scientist to realize that when a semi truck driver is distracted - the odds increase exponentially for injury and death.

Too, the number of rear end accidents in which a smaller car slams into the back of a semi and proceeds to then slide under it - causing the roof top to sheer off and the driver and passengers to be killed instantly - has remained steadily too high. This is known as an under-ride accident.

Now legislators are considering a requirement for semi trucks to be equipped with panels that will prevent this scenario in the event of a crash.

The number of semi trucks on American roads is going to increase over the next decade - not decrease. We must continue to find ways to share the roads safely with these oversized vehicles.

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January 1, 2011

40,000 Fatalities in US Highway Accidents Last Year

A division of the National Highway Transportation Safety Administration is charged with keeping statistics about all things vehicle related - no matter how seemingly obscure.
The number - a little more than 40,000 - represents vehicular deaths last year.

But these deaths are further delineated by a variety of factors. In all, over 17,000 of the fatalities were the driver and slightly less than 7000 were passengers. Forty four hundred motorcyclists died as well as 4 thousand pedestrians. Six hundred and 30 bicyclists were also killed.

Last year Americans but over 2 billion miles on their odometers - our population figures hover around 300 million men, women and children. Vehicle fatalities continue to decline a little bit each year. In a recent year there were 1.3 fatalities for every hundred million vehicle miles traveled.

While the number of persons killed in single vehicle accidents involving a large truck has declined slightly - this is a statistic that seems to be stuck - and the same holds true for persons killed in multiple vehicle accidents involving a truck as well.

The truth of the matter is that there is little chance of walking away from a large truck accident (at the very least) uninjured let alone surviving it. There is no comparison between the weight and bulk of a semi and an automobile - and the survivability rate is the same for passengers and drivers of vehicles other than the truck - that is to say it is poor indeed.

One of the reasons the government keeps statistics is to develop new safety plans and procedures. In many instances fatality information does play a role in new car designs but when it comes to semis - well, that 's a whole different ball game.

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