April 2011 Archives

April 30, 2011

Recent Accidents

Automobile accidents are a regular part of the driving experience in Houston, Dallas and across Texas. Some are more unique than others - and some are more deadly. Consider the following news stories about car and truck wrecks on city roads and highways.

*Three teens led police on a high-speed chase through the city of Houston after stealing a vehicle and then using it to ram a gas station - which they then proceeded to rob. In the end no one was hurt and the teens were taken into custody. Damages are expected to run into the thousands of dollars.

*The founder of a well-known church in another state was killed and his wife injured in a fatal truck accident although what happened is unclear, reports suggest it may have been that the vehicle he was driving veered into the lane of oncoming traffic and smashed head on into a semi-truck.

*A pedestrian was killed and 7 others injured when an SUV ran a stop sign during a police pursuit and hit a bus - forcing it into the bystander and pinning him below the bus. The driver and passengers in the SUV were all taken into custody and charged with manslaughter and burglary.

In each of these accidents the causes can be traced to ongoing debates about driving. In the first accident there have been continued discussions about the proper age for young people to be given permission to drive. Even though the youth allegedly stole the car - if the age of driving were raised would teens consider getting behind the wheel of a vehicle?

In the second accident - the opposite debate rages. The driver was nearly eighty years old and accidents with elder drivers require that we have an honest and open discussion about the proper age at which the elderly should regularly tested for a drivers license.

Finally, police chases are some of the most controversial subjects in municipalities across the country. I would wager that the loved ones of the gentleman who died would feel that the value of a stolen vehicle couldn't compare to the loss of their father, grandfather, uncle, and son.

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April 27, 2011

Why Hire a Real Truck Accident Attorney

The simple truth of the matter is that 18-wheeler accidents are not the same as a two-car crash. Victims of semi truck accidents generally have pretty significant injuries given the huge disparity in weight between a passenger car and a tractor-trailer.

The operation of an 18 wheeler is quite different from the typical passenger car, not only are the brakes substantially different but the braking characteristics and stopping distances are more complex given the articulated vehicle and waits up to 80,000 pounds.

Additionally, truck accident lawyers must be well versed in the Federal Motor Carrier Safety Regulations such that they can recognize a violation of a statutory duty whether on the truck driver's part or the motor carrier.

A lawyer who handles tractor-trailer accidents on an everyday basis is in a much better place to assess the liability of a given accident and also to prosecute a truck accident case. A simple way to determine whether or not the lawyer you are speaking with is an experienced truck accident attorney is to ask them for their case results in 18-wheeler accident litigation.

While a successful track record in 18-wheeler accident litigation is desirable it is not the only factor that a victim should consider. Truck accidents tend to be much more complicated than the everyday car accident and involve much higher numbers in terms of damages.

It is critically important that the lawyer you select to help you seek justice in a Texas truck accident case be one that you are comfortable with and feel good about.

Continue reading "Why Hire a Real Truck Accident Attorney" »

April 24, 2011

Most Accidents Happen Close to Home

A spate of accidents on local roadways over the weekend prompted me to offer the following statistics regarding injury and fatality accidents.

While most people equate long-distance trips with vehicle accidents - often it is just the opposite that is true. Drivers who are just taking the car to run down the street for a last minute grocery item (or the like) have just as much of a chance of being in an auto accident as someone traveling on the highway at 70-80 miles an hour.

That is because the 'local' driver may drive with less regard for their safety believing (mistakenly) that they won't be in an accident.

Driving on city roads requires as much - if not more - attention than highway driving because there are so many things going on at the same time. Drivers are changing lanes; pedestrians and bike and motorcycle riders are darting in and out (counting on the drivers to be paying attention) and, finally, the local driver allows themselves to drive distractedly because they are on a simple errand.

However, this same errant thinking spills over into drivers who tend to take the same highway routes every day as well. Those who take the same commute each day will put their minds on auto-pilot and take care of other business - like bill-paying or even handling business matters over the phone.

It only takes a moment to change the course of your (and others) life forever. Give driving the full attention it deserves - just in case someone else is not.

Continue reading "Most Accidents Happen Close to Home" »

April 21, 2011

Wrongful Death Claims

While wrongful death lawsuits can be complicated and extensive - there are a few simple facts on which many are based. Each state has its own unique set of laws for wrongful death claims. Consider the following information.

*Wrongful death may be deliberate - such as murder - or accidental but due to the negligence or carelessness of another individual.

*Different states mandate which survivors are able to sue. In some cases only the spouse and immediate family members may file a wrongful death suit. In other states instances the right to sue may even extend to grandparents.

*There is a statute of limitations on filing a wrongful death lawsuit in most states.

*Medical malpractice does not always result in a wrongful death and wrongful deaths frequently are not traced to medical malpractice (even though the family feels otherwise).

*There are circumstances under which a bankruptcy court can discharge a judgment imposed by a court in the case of a wrongful death. This is usually not possible in a drunk driving wrongful death suit.

*A decision on the amount of damages to be awarded in a wrongful death lawsuit is complicated and may take into account a number of factors including such things as the loss of future earnings and pain and suffering and loss of services.

*Many states have incorporated measures that prevent family members from suing each other in the case of a wrongful death.

The decision to sue for wrongful death is a complicated issue. There is no doubt that families must consider their options at a time many are struggling with the grief of the loss.

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April 15, 2011

Pelvic Injury from a Truck or Car Accident

The pelvic area is particularly vulnerable in a car or truck crash and may be injured in a number of ways that requires lengthy painful and recuperation times.

The pelvis is a 'ring-like' structure of 3 bones - the pubis, ilium and ischium - found at the bottom of the human trunk. These bones fuse as people age - and the pelvic region is one of the most important in the human body. It is the area from which the hip sockets begin. In addition, many of the reproductive and digestive organs rest within it.

Finally, important blood and nerve vessels that serve the lower half of the body - the legs in particular - pass through the pelvis.

Therefore, injury to this area can be particularly grievous and lead to substantial problems in the case of an automobile or truck accident. Depending on the extent of the injury any of the following treatment regimens may occur.

In some instances pelvic injuries may be treated non-surgically such as if the person suffers a type of fracture that only requires the use of crutches or a walker for several months. Limited mobility can lead to blood-clotting issues, however, and the victim may be put on blood thinners over the course of rehabilitation.

If the pelvic area sustains high energy trauma then surgery will most likely be required. An external fixator may be inserted into the pelvic region to help stabilize it. This is a device that has long screws that insert directly into the bones and then connects to the frame of the body.

It helps address internal organ, nerve and blood vessel issues. In addition, a person may be required to be in traction for a period of time as well.

Pelvic injuries are painful and even the slightest ones can require months of rehabilitation and recuperation - the most severe may be types from which there may never be a complete recovery.

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April 12, 2011

Recent Truck Accidents in Texas- Continued

There has been a spate of semi-truck accidents lately on Houston roadways and in the greater Houston area. Some have been fatality collisions and others less serious.
Just this morning before dawn reports suggest a woman was traveling at a high rate of speed in a minivan and failed to realize that a semi-truck was stopped at an intersection.

She rear-ended the rig and died as a result - even though she was wearing a seatbelt. Toxicology reports are pending on the woman who lost her life. The truck driver passed a blood alcohol test. My heart goes out to the family.

In yet another early morning semi-truck accident in nearby Fort Worth, the 18 wheeler overturned spilling fuel and knocking out power to nearby homes and businesses. The cause of the accident is unknown at this time as is the condition of the driver - although initial reports indicated he was trapped in the wreckage and when he was freed he was flown to a nearby hospital. In some cases the truck driver can pursue the motor carrier if the accident was caused by the truck they supplied or maintained.

Finally, in a third match-up of Texas 18 wheeler accidents this morning the driver of a pick-up truck lost control of his vehicle and crossed the median where he then sideswiped an 18-wheeler. He, too, was airlifted to a nearby hospital with serious injuries. No word on the condition of the semi driver but all indications are that he sustained only minor injuries.

Three tractor-trailer truck accidents in three hours is sobering news to say the least. The reader should remember that pre-dawn driving can be very dangerous because drivers tend to be drowsy and it is difficult to see the road and other drivers.

Continue reading "Recent Truck Accidents in Texas- Continued" »

April 9, 2011

Texas 18 Wheeler Accidents

There have been some ugly semi-truck accidents in the Houston area recently according to reports. The most recent occurred on the heavily traveled I-10 when a rig jack-knifed and spilled fuel across the highway closing it to travelers for several hours. No word on the cause but fortunately there were no injuries. I figure it's always a good day when no physical harm results from a semi-truck accident.

In another heart-stopping semi-truck accident that occurred in the nearby city of Fort Worth - all indications are that the driver lost control of his tanker and before all was said and done he found himself sitting in his cab as it dangled from an overpass. The accident occurred in the wee hours of the morning and began when the truck apparently hit a small car with two persons inside.

Everyone - that is the truck driver and passengers of the car - was taken to the hospital with updates available on anyone's condition. The cause of the accident is still under investigation. However, the circumstances were dramatic enough to make national headlines as video of the truck, driver and accident were flashed on major news stations around the country. Certainly it was the potential for disaster that captivated the American audience.

Finally, news of another semi-truck accident in Bellevue, Texas only the day before finds that one person was left dead after a chain reaction of events that seem almost too difficult to fathom. It reportedly began when a semi-truck lost its rear tandem axles (how can that happen) causing the driver to lose control and end up in the median with the truck on its side.

The axles continued to travel down the highway. Meanwhile a driver pulled over to help the trucker and the axles struck another car. The driver of this second car exited his vehicle to inspect the damage when he himself was struck and killed by another semi-truck driver.

In each case there is undoubtedly a precaution that could have been taken on the part of the semi-truck driver that would have averted these disasters - and maybe even saved a life.

Continue reading "Texas 18 Wheeler Accidents" »

April 6, 2011

16 DWIs Enough?

There's drinking and driving and then there's drinking and driving. Of course, many believe that too often a person who is convicted of a DWI gets off way too leniently. But the following story takes the cake. A recent news report recounts that a Conroe man was just sentenced to 99 years in prison for his 16th DWI conviction.

Now, the reader surely has to wonder - as do I - how someone could have that many convictions without having already served some serious jail time and also was provided addiction help or something.

But cursory research on the subject turned up little other information except that the driver himself admitted that he was drunk nearly every time he got behind the wheel of his care and he really didn't give much thought to the health and welfare of other drivers on the road.

Video of the arrest shows that the man clearly was unable to execute the moves required in a sobriety test and the only way to describe the tv segment is to call it 'sobering' - for other drivers that is because it would seem that there's no way this guy was ever sober.

It is painful to watch for those of us who take our responsibility of driving safely to heart. It is chilling to realize that there are others on the road that have so little regard for their fellow human beings (children included) that they would show gross negligence and disregard for their own behavior while endangering the rest of us.

And, really, how in the bloody hell did this guy slip through the justice system so many times - and is it nothing short of a miracle that he caused no harm to others?

Finally, the man is eligible for parole in ten to fifteen years - let's just hope those in charge can count to sixteen and they realize that represents the number of times the justice system dropped the ball.

Continue reading "16 DWIs Enough?" »