Texas Truck Wreck Attorney Blog

I have been a Texas truck accident attorney for what seems to be a short period of time but in reality is over 25 years. One common theme in 18 wheeler accidents is that they tend to be very bad for the other vehicles occupants.

Such injuries as fractured spines, closed head injury, broken bones and paraplegia are very common in semi truck accident cases. Additionally many commercial vehicle accidents involve one or more wrongful death claims. The reason that we see such serious injury and high incidence of fatalities is due in part to the weight of the big rig compared to the vehicle it strikes. Analogies abound but it is similar to a professional football player running over a kindergarten student.

Walking away from a highway speed truck accident is a very fortunate person. The sheer mass of the big rig can wipe out entire families and even multiple victims in multiple cars. Not long ago, 11 people perished in a truck accident and this tragedy only serves as an example of the devastation that can be caused by an 18 wheeler.

Trucking companies and truck drivers all must operate under rules applicable to motor carriers and professional drivers, and for interstate travel that is the Federal Motor Carrier Safety Regulations. The regulations have been adopted by many if not most of the states including the state of Texas and provide specific standards of care for companies and drivers. The extra regulation is necessary because of the potential for serious injury or wrongful death from a truck accident.

Today, there is a push toward less regulation by government and in the area of truck accidents we are in need of greater regulation as opposed to less regulation. The lives of the public depend upon the enforcement of the safety regulations to protect families and even truckers.

Continue reading "Why Truck Accidents Are So Severe" »

To be fair - there are statistics about the truck driving industry that point to improved overall safety with regard to drivers and their rigs. Consider the following information.
*According to government reports - the professional truck driver is actually one of the safest on the roads today.

While the typical American may put 15,000 miles on the vehicles each year while behind the wheel - the semi-truck driver averages around 130,000 miles annually. Yet semi-truck accidents account for only 4% of collisions each year.

*Other reports show that in the case of semi-truck and auto accidents -a whopping 71% of them are the fault of the automobile driver and not that of the 18 wheeler.

Common automobile driver errors include such things as 'cutting off the semi-truck driver', failing to maintain a safe distance either in front of or behind a rig - and in the event of a quick stop being unable to avoid a collision, and engaging in distracted driving behaviors that prevent automobile drivers from being fully aware of the traffic around them.

*Finally, a multitude of government agencies are imposing greater safety regulations and restrictions on both semi-truck drivers and the companies they represent - as well as the trucking industry as a whole.

Certainly no one in the industry is pleased with these added layers of requirements that translate into dollars - but many agree that safety should be the first concern of a semi-truck driver on the open road.

If you are interested in learning more about semi-truck regulations visit www.nhtsa.gov

Continue reading "How Safe Are Truck Drivers" »

There have been an unusually high number of public transportation accidents across the country this year. Several high profile public bus collisions have provoked a call for legislative review of current regulations.

Now, an Amtrak train collided with a truck at a rural crossing, according to reports - and although there were on mild to moderate injuries of Amtrak passengers (and the driver and passenger in the truck were uninjured as well) the circumstances lead many to call for a review of train safety and regulations as well.

To begin with the maximum speed allowed through the area is 79 mph. Some professionals feel that trains should be required to slow down when they near a crossing. Even more upsetting, though, is the fact that this particular crossing has no lights or gates - and without these warning devices many drivers may be simply unaware that a railroad crossing exists.

This appears to be the case in this accident. A little railroad crossing sign can be easily overlooked in the middle of the night in an area in which a driver is unfamiliar.
In all 39 people were treated at the hospital for bumps and bruises only. A fortunate ending to an event that was rife with the potential for disaster.

Frankly, if I had been a passenger on the train or truck I would consider legal action.

Trains have responsibilities to make sure that their crossings are not unreasonably dangerous and that they act appropriately at crossings.

Continue reading "Train Accident Injures 39" »

Speaking of federal agencies responsible for transportation safety - the Department of Transportation has an entire section devoted to semi-truck and trucking company safety and related information.

For instance, there is a site that lists the contact information for every transportation department in the country - including addresses, phone numbers, faxes and emails. Their website urls are also available - and I encourage readers to take a moment and visit the homepage of our state. You'll find the time you spend on it to be informative and interesting.

There are other links concerning truck driving as well. You can learn more about the hours of service and other requirements involved in being a semi-truck driver or operating a truck driving service. There's a section for truck drivers as well - updating them on such things as the need to secure a Department of Transportation number and drug and alcohol testing rules.

There's even information on how to file a complaint - online - against a trucking company (and any other transportation security concerns you may have). If you're interested you can learn more about how hazardous materials are moved across the country and the safety precautions taken to guard against endangering the public or otherwise exposing them.

Finally, each state provides updates on traffic and road closures. This is meant to help the average driver navigate around long traffic delays and road construction.

My suggestion is add www.dot.gov to your favorites. It's definitely worth an occasional perusal if you are interested in the trucking business.

Continue reading "Semi Truck Accident Safety and the DOT" »

One of the goals of this blog is to educate the public about all things related to the semi-truck driving industry. One topic we have failed to discuss is the Federal Motor Carriers Safety Administration - an arm of the Department of Transportation itself.

The FMCSA is located in Washington D.C. and at last count employed a thousand people. Their mission is to improve the safety of commercial motor vehicles and truck drivers by enacting relevant legislation and then enforcing it.

It came into existence in 2000 and currently includes a number of subdivisions including but not limited to analysis, environment, research and technology - each addressing concerns specific to motor carrier safety. For instance, FMCSA oversees procedures that incorporate environmental considerations into informed decision making while assuring compliance with the National Environmental Protection Agency.

In 2010 the FMCSA enacted a program entitled CSA or Comprehensive Safety Accountability. This 'comprehensive' idea is meant to 'improve truck and bus safety by reducing the number and severity of collisions and the accompanying injuries and fatalities. It should come as no surprise to learn that trucking companies and driver unions had attempted to stop it through legal means - a move which was finally halted by the U.S. Court of Appeals in Washington D.C.

Certainly, the new legislation has minor flaws - but overall the Comprehensive Safety Accountability Act goes a long way towards both improving road safety for other drivers and holding truckers and their companies' accountable in lawsuits against trucking companies for negligence that leads to injuries and fatalities.

Continue reading "Government Regulation Works to Prevent Truck Wrecks" »