Texas Truck Wreck Attorney Blog

It has been a long standing tradition to pay truck drivers by the mile not by the hour. Pay is therefore tied to performance and the more miles a trucker can put in - the higher his or her pay. But this practice has come under question - if not under fire - for several reasons.

First, it puts pressure on truck drivers that can result in poor and unsafe choices such as using drugs to stay awake or driving drowsy. Too, pay-per-mile is indicative of a wage for unskilled laborers and with the increasing sophistication of trucking this may no longer be true.

In fact, many truckers put in sixty and seventy hour workweeks in order to bring home a median income - this fact was announced in a report presented to Congress in 2008. Since then the economy has been hit hard and people in nearly every industry have lost jobs - except for trucking which has managed to weather job losses in general.

However, the timing of considering a pay structure change for truckers may not be the best however. For the most part everyone has 'taken a financial hit' - so concern about ensuring that truck drivers receive a fair wage is probably low on the scale of national concerns.

But the truth is that the number of trucks on American roads is slated to increase over the next decade so now may actually be a good time to reflect on this particular challenge to the industry in general. Pay-per-hour is a safer 'paradigm' for truck drivers - including overtime pay for drivers who work more than a normal 40 hour week.

Even with Federal Regulations on maximum hours on the road or on the job, some Motor Carriers seem capable of turning a blind eye and a few truck drivers are finding new ways to game the regulations.

Continue reading "Should Truck Drivers Be Paid by the Hour?" »

The definition of reckless driving In Texas is:

"operating a vehicle with "willful or wanton disregard for the safety of persons or property."

Under the circumstances, reckless driving accounts of thousands and thousands of accidents each year - and no small number of fatalities. Consider the following accidents that have occurred in the Texas area recently. According to reports:

*The driver of a pick-up truck was believed to be driving at a high rate of speed when he lost control of the vehicle on a curve and plunged into a pond. It took police and divers five hours to recover his body.

*A driver failed to yield the right of way and collided with oncoming traffic when entering a local highway. Both vehicles sustained damage and both drivers were treated at the scene and released. The first driver was cited.

*A teenage driver was stopped recently when he was seen cutting in and out of traffic while traveling at a rate of speed deemed too high for the road conditions. In addition, the teen was cited for having too many passengers in the vehicle - not wearing seatbelts.

It may be questionable exactly what constitutes reckless driving as it may be coupled with street racing or drinking. Too often it leads to injuries and accidents and wrongful death claims. Slow down and drive safely.

Continue reading "Reckless Driving In Texas" »

One of the most important decisions that you can make after a serious truck accident is whom you hire to represent you or your family. Because semi trucks are commercial vehicles and covered by commercial vehicle insurance policies, the insurance companies take the claims very seriously.

Often, the trucking company or its insurance company will dispatch a team of lawyers to an accident site in an attempt to defend a serious injury or wrongful death claim after truck accident. Their goal is to find information that can be used against the victim or the victim's family and/or hide important information that may make the truck driver or the trucking company look bad.

When hiring a semi truck accident attorney a family should consider getting a law firm that has their own quick response team to put them on an equal footing with the insurance company. We have had situations where the trucking company, place the vehicle back in service quickly to avoid an inspection and also situations where the paperwork required of the truck driver mysteriously disappeared after the accident.

Don't let the insurance company get the upper hand after a semi truck accident, and get your own quick response team on the case as quickly as possible.

The Baumgartner law firm has a 25 year track record of success in helping semi truck accident victims seek civil justice for the loss of a loved one or for a serious injury. Get your own quick response team by hiring the go to semi truck accident lawyers at the Baumgartner law firm.

More and more, rear and side view mirrors are being replaced with monitors and cameras that further enhance a driver's ability to accurately judge obstructions and distances between their car or truck and other things - including vehicles, humans and physical objects. Having a backup camera on a big rig can reduce semi truck accidents greatly. Several recent wrongful death truck accidents in Texas could have been prevented with backup cameras.

Camera monitoring systems are even finding a home in warehouses where they are being attached to equipment such as forklifts. They are also becoming more common on 18-wheelers or commercial vehicles in the past few years.

In fact, there are a number of companies that now specialize in the development and installation of increasingly sophisticated video technology safety systems. Moreover, there are a variety of camera designs tailored to various vehicle types. For instance, there are monitoring systems for cars, trucks, recreational vehicles and horse trailers. You may purchase them separately as a wireless item - or, increasingly, they are coming as a standard component in new vehicle purchases.

As most camera and monitor manufacturers will explain - this feature has become one of the fastest growing and most effective safety features on the market today.

More often than we care to consider - children (in particular) have become victims when parents are backing up their car or truck because the child was not visible to the driver. In addition, commercial vehicles have also been the culprit in 'backing-up' accidents because they did not see a pedestrian behind them.

If your passenger vehicle does not have a camera and monitoring system - it is a good idea to check into it. In terms of cost - it may be the best purchase you make.

Continue reading "Back Up Cameras for Big Rigs" »

There are a number of federal organizations charged with the responsibility of oversight of the trucking industry in general. As an 18 wheeler accident attorney I follow regulation of truck driver closely. To that end, the DOT reviews current regulations and research related to safety (among other things) and then sets out to revise them in a manner that affords greater protection to unsuspecting drivers on American highways. Some of the expectations for regulations that will go into effect this year (and into 2013) are as follows:

*Cell phone restrictions are now in place for bus and truck drivers. It states that drivers may not use hands-free mobile devices when they are behind the wheel and motoring. The regulation is very specific with regard to the actual behavior of the driver and the use of phones - stating that drivers may not reach for, dial or hold a phone while in the act of driving. There are increasingly stiff penalties for drivers and their respective companies if they are found guilty.

*A second pending rule calls for a national database of driver drug and alcohol test results.

*Yet another type of national registry under consideration is one in which physicians - sensitive to the specific work-related needs and ailments of those who work in the trucking industry - sign on to a list that can be accessed by persons of interest.

Make no mistake, there are interests out there that oppose any further restrictions or regulation of truck drivers or others out of financial interest or an ideological belief. When an 80,000 pound missile travels our communities at highway speeds regulation is not only necessary it is almost criminal to argue otherwise.

Continue reading "Regulation of Truck Drivers In Texas" »