Texas Truck Wreck Attorney Blog

Sorting out the legalities - that will certainly result from the derailment and subsequent explosion of volatile chemicals which were spilled and then exploded in a north Ohio town- may extend well into the future.

In the early morning hours several days previous reports indicate 18 rail cars left the tracks and over three hundred thousand gallons of a volatile chemical (ethanol?) were released. The explosion and fire were so intense that responders could not get within a mile of the flames - which shot several hundred miles in the air.

Families were evacuated - and are just now returning. The Environmental Protection Agency has stepped in to determine whether or not there will be long term contamination of the ground, groundwater, waterways and air.

Unfortunately, all too often, authentic and long term negative effects of chemical spills echo far into the future and the damage it does may not manifest itself for years.
Chemical spills across this country are on the increase in part because there are more and more chemicals that are being transported in trucks and by trains.

Americans rarely give it a thought until a catastrophic event involving chemicals impinges on their lives. At that point it's often too late to do anything more than react by removing yourself and your family from the situation.

But that too, is usually temporary - and a return to the site of the original event could have long-term ramifications on your health and that of your family.

In an era of "anti governmental regulations" some folks tend to forget that every day, regulations protect your family and the community in which you live.

Continue reading "Chemical Spills" »

Occasionally, I like to use this blog to offer a series of the most pertinent statistics related to vehicle collisions. Consider the following information - perhaps it will make you a more careful driver (if even for a day it's worth it).

*An average of 40,000 persons a year are killed in vehicle collisions. According to one research study it was explained this way - "on each of the 6,209 consecutive days included in this study, an equivalent of a plane load or more of people died on the roads".

*Additionally, these same researchers concluded that "on average, more than 100 people per day died in car crashes in the U.S. The death toll for a single day can range from 45 to 252 people".

*Evenings and weekends are the deadliest times on the roads. The Fourth of July is usually the deadliest day of the year (with July 3rd coming in second). August - the most common month for family vacations - is the deadliest month of the year.

*Pedestrians account for approximately 13% of crash deaths and motorcyclists another seven percent.

*Over forty percent of vehicle fatalities can be blamed on drinking and driving. Statistics on the impact of distracted driving and fatalities can only be estimated.
People tend to have a false sense of security when it comes to driving.

Everyone thinks they're a great driver - but then, you might not be the reason that an accident occurs.

Continue reading "Car Accidents Are Never Expected" »

If you have a loved one that has suffered a particularly extensive burn injury there are many ways that you can help. I am not talking about how to apply first aid immediately following the accident - but how to behave with them when they are recovering or have returned home.

*First, allow the person to grieve. The experience was most likely traumatic and there may be any number of physical scars that could either be temporary or permanent. Understand that burn victims will exhibit all of the signs of someone who has actually lost a loved one and both the victim and his or her family should seek professional counseling to deal with the myriad emotional problems that are sure to arise.

*Allow the person to resume as many of the normal activities as they are able to undertake. If they are required to help around the house - don't change that policy. If they hold down a job and can return to work - they should do this. No matter how devastating the burns - do not allow them to hide in the house. Require them to get back to life.

*Help them to forge friendships with others who have had similar experiences. This is not as difficult as it may sound with the proliferation of the internet and technology that has all but shrunk the world.

Encourage the person to develop a support system as well - and attend survivor's group meetings or other group events.

Continue reading "Help for Burn Victims" »

Semi-truck accidents are a daily occurrence around the country. Some end worse than others - but most result in catastrophic injuries and death - usually of the drivers and/or passengers in the other vehicles not the truck.

Consider the following news stories.

Just last week an accident in another state that involved two school buses and an eighteen wheeler resulted in three deaths. Reports suggest it began when the truck driver sideswiped one school bus on a two lane road that may have caused him to lose control of the rig and hit a second school bus head on.

The semi-truck driver was killed as was a teacher and the driver of the second bus. Seventeen students were taken to nearby hospitals for non-life threatening injuries. No word yet on the official finding on the cause of the accident.

In a second truck accident that almost defies belief - a motorcyclist was killed in a hit and run semi-truck accident. The accident occurred in the pre-dawn hours of the morning when the cyclist was struck by the rig and flew off his bike according to reports.

The police speculate that perhaps the semi-truck driver was not aware that he had caused the accident or had not seen it happen and that may be the reason he (or she) did not stop.

Semi-truck accidents are some of the most deadly on the road. Drive defensively - a collision can happen at a moment's notice. Better safe than sorry as my dad used to say.

Continue reading "Recent 18 Wheeler Accidents" »

The U.S. Department of Transportation and the Federal Motor Carriers Safety Administration are charged with adequate oversight of - among other things - the trucking industry. As with all federal regulators - they are only successful up to a certain point and part of their success lies in the responsible behavior of the trucking businesses and their drivers.

For instance, the FMCSA requires truck drivers to maintain a 'log' (diary, record, journal) of the number of hours they drive (and where they've been).

As the reader is probably guessing - the authenticity of these records is usually in question - more to the point the information is falsified often enough that truckers refer to these logbooks as comic books - nothing more than a work of fiction that may bring a chuckle to a fellow trucker's lips all while presenting the information as legitimate.

Occasionally, these - illegal, unethical, unconscionable (need I go on) - practices come to light and the driver's behavior is found out.

For instance, I recently wrote about a fatality accident between a semi-truck driver and an automobile driver. The plaintiff's attorney finally uncovered the fact that the accident was most likely caused by driver fatigue - even though the driver denied it at first and pointed to his logbook as 'evidence'.

But further research uncovered the fact that it was impossible for the driver to have been in stated locations at certain hours. He was sleep deprived and both he and the company were held accountable.

When this guy got to the last page of his 'comic book' - the end didn't turn out to be so funny.

Continue reading "Fake Log Books" »

Recent semi-truck accidents across the Texas landscape emphasize the potential for disaster to other drivers - usually within a moment's notice. Consider the following recent statistics concerning semi-truck (and big truck) accidents.

*In a recent year there were over 425,000 semi-truck accidents across the United States. They resulted in over five thousand deaths and over 130,000 injuries - both major and minor.

*In a recent year there were over five thousand vehicle fatalities in Texas alone. Slightly less than ten percent of these involved large and/or semi-truck accidents in Texas.

*Surprisingly, approximately two-thirds of 18-wheeler accidents occur on rural roadways...and just as difficult to comprehend is the fact that most semi-truck accidents occur in good weather on dry roads during the week (as opposed to weekends).

*The number of semi-truck accidents due to driver fatigue has increased ten percent a year for the past few years. Meanwhile, trucking revenues continue to grow - and are expected to double within the next five years.

*The obvious conclusion is that drivers are being pressured to meet increasingly challenging deadlines as they move products across the country. Who benefits the most from this?

The obvious conclusion is the trucking industry business. Who loses - the average and unsuspecting driver on America's roadways who motor along blissfully unaware of the increasing dangers posed by semi-truck drivers.

Safe driving habits are particularly important when driving near semi-trucks. This includes leaving a healthy distance between your vehicle and theirs - and passing with caution.

Continue reading "Recent Truck Accident Statistics in Texas" »

Personal injuries and auto accidents unfortunately go hand in hand. Although the word 'accident' implies that a collision is something akin to an 'act of God' and out of the hands of we mortals to do much more than experience - in fact, accidents are usually the result of someone's negligence and somewhere along the line blame will be assigned.

This is done, in part, to ensure that injured parties are made as whole as possible through the legal process - although often accident results result in life changing events including catastrophic injuries and even death. In that case - the most one can hope for is a personal injury settlement that brings some sense of justice to the injured party and eases their physical and/or emotional pain.

Most persons are unaware that not all auto accidents can be considered 'personal injury' even if there are obvious physical and psychological injuries. In order for one to be able to sue for 'personal injury' they must be able to show that there was negligence of some sort.

Now, negligence is a nearly global term that includes such things as intoxicated driving or distracted driving. But there are a host of other behaviors that qualify as negligent as well -and too many to list in this short electronic journal to be sure.

Yes, personal injuries and auto accidents go hand in hand - attentive and cautious driving will go a long way towards helping you avoid either one.

Continue reading "What is Personal Injury" »

Drinking and driving is the cause of slightly less than half of all vehicle fatalities in this country - a figure that has shown a decrease of nearly twenty percent in the past three decades.

However, with anywhere from 15 to 20,000 deaths attributed to drinking and driving and drunk driving accidents- I feel compelled to revisit various related topics on a regular basis. Let us consider alternatives for those who may ponder drinking and driving.

Many people make a visit to their favorite watering hole a part of their daily routine. Thousands and thousands of people stop for a drink after work through the week and on the weekend. In fact, drinking is a pastime in itself for many people - college aged students on up.

Besides that - you can grab a drink almost anywhere - they even have bars in some of the more upscale movie theaters so you can imbibe while watching the latest release.
My goal is not to cast aspersions on the act of drinking or drinkers in any way.

But drinking and driving simply do not mix. So any of the following choices are wise decisions for those who have had a cocktail or two:

*If you have had too much to drink then call a cab and leave your car locked in a well-lit, 24 hour lot. The cost of overnight parking pales in comparison to a drunk driving incident.

*Let a friend drive you home. Choose a designated driver before the evening starts - that person has promised to avoid drinking and make sure that the 'party' gets home safely.

*Stay in a hotel or motel if you've had too much to drink. Today's cell phones allow you to locate the closest place, call a cab and reserve a room within a moment or two. Sleep it off before trying to drive.

*Party or drink at home. Avoid being in a position where you are tempted to drive at all.

Continue reading "DWI - Just Don't Do It" »

Although there have been any number of semi-truck accidents that have resulted in the wrongful death of individuals the story of one especially painful accident was shared on a national television broadcast recently that highlights the fact - sometimes blame in itself is not enough.

Several years ago a mother was stuck in traffic on a California highway with her three small children in tow - securely and correctly strapped in the child safety seats. With the vehicle at a complete stop - what transpired next was the most horrific accident I have yet to read about.

A semi-truck was coming around the bend of that stretch of highway - unaware and unsuspecting that the traffic would soon be at a full standstill in a moment's notice. The truck driver was not breaking any laws - he had not been drinking, driving drowsy, texting or distracted, or have physical problems that limited his ability to drive safely. His truck had no mechanical defects.

But it happened anyway. He rear-ended the minivan. The mother was knocked unconscious and the three children died at separate hospitals. The driver was charged with three misdemeanor counts of vehicular manslaughter involving criminal negligence. The DA's claim was that he was traveling at unsafe speeds for the conditions (sunny day - 60 - 70 mph) and was inattentive. He was given one year in jail and five years of probation.

The family forgives him (a magnanimous act) but the man does not forgive himself. In addition they parents have unsuccessfully (to date) sued California for the dangerous road condition that led to their children's death.

In the end - there seems to be plenty of blame to spread around for these wrongful deaths - and no amount of legal relief could be just compensation

Continue reading "Sometimes There is No Real Justice" »

Technology in automobiles continues to improve the safety of drivers and passengers but when it comes to head-on collisions - well, these types of accidents are bound to end in injuries if not wrongful death fatalities.

Recent statistics place the number of head-on vehicle collisions at only a mere two percent of all the various types of car and truck crashes annually - but they account for ten percent of traffic fatalities.

The causes are numerous - but most often can be traced to drunk or distracted driving or wrong way driving due to driver disorientation. Of course, airbags and seatbelts have helped to reduce the severity of injuries and number of fatalities - with one study claiming their combined usage reduces mortality rates in head on collisions by up to eighty percent.

There are certain steps that a driver can take that will help minimize the chances of becoming a victim of a head on collision.

First, don't tailgate and use all the technology at your disposal to keep other drivers apprised of your driving intentions (turning, stopping, etc.)

In addition, be alert to the driving behavior of the vehicles around you. If someone is tailgating - let them pass, if the road conditions are not optimal - slow down...and don't speed, especially at night when something may jump out in front of your vehicle causing you to swerve - and head for a vehicle on the other side of the road.

Continue reading "Head on Accidents" »

A topic rarely discussed but definitely problematic is that of smoking (cigarettes, cigars, or pipes) while driving. This habit is so common that even when people discuss distracted driving they often fail to include it in this category - but indeed smoking and driving is one of the worst distractions behind the wheel of a car.

If you are familiar with the act of smoking then you are aware that it includes all of the following steps:

*Finding the pack of cigarettes and retrieving one from the pack.
*Putting the filter end in your mouth and pushing the lighter button on the dashboard or finding a lighter.
*Inhaling, exhaling and flicking the ashes.
*Discarding the cigarette or putting the cigarette out in an ashtray.
IT may take up to five minutes to complete the process of smoking a cigarette from beginning to end. Five minutes that are chocked full of activities that have nothing to do with keeping a car safely on the road.

Municipalities are slow to recognize the problem - but it is making the rounds of certain legislatures (New Jersey for one) across the country who are considering a ban on smoking and driving. Civil liberties aside - a distraction is a distraction.

Many smokers will be upset at reading this post and to them i say- what if your family was harmed due to an accident caused by a smoking distraction?

Continue reading "Smoking is a Distraction" »