Texas Truck Wreck Attorney Blog

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 goals of this semi-truck accident attorney blog is to keep readers apprised of the numerous semi-truck accidents (and accompanying commentary) that occur in the area, across the state and even across the country. What follows are several news accounts of semi-truck accidents that have captured media attention.

*A passenger car driver hit a guardrail on a Texas roadway causing the driver to lose control and his vehicle to spin. It was struck by an oncoming semi-truck who was unable to avoid the impact. The driver was pronounced dead at the scene. The accident is still under investigation.

*In an accident with unusual circumstances - a young man appeared to be asleep at the wheel of his vehicle while sitting at a light and when police attempted to waken him - he lost control of the car and ended up in a head-on collision with a semi-truck. The teen suffered critical injuries and was taken to a nearby hospital.

*Finally, an accident involving two semi-trucks and a passenger car in another state led to the death of one of the rig drivers and a horrific collision beside. The accident occurred when logs on a log hauler spilled onto the highway as they fell from the rig. It was then rear-ended by a second semi-truck carrying a toxic, flammable liquid - that resulted in alerting the surrounding communities of the potential hazard. Although a passenger vehicle became embroiled in the accident - no information was provided on the driver or his vehicle.

The Federal Motor Carrier Safety Regulations provide specific rules for the proper and safe loading of 18-wheelers- when a load is not properly secured accidents can be very serious.

Continue reading "Recent Texas 18 Wheeler Accidents" »

Semi-truck accidents perpetually plague America's roadways and endanger the lives of innocent drivers and passengers around them - in many cases because of careless driving. Unfortunately, the cause can often be traced to driver error - that of the semi-truck driver that is.

What follows are several accounts of accidents that were the arguably the result of careless rig driving.

*A semi-truck driver in a nearby state failed to gauge the flow of traffic ahead of him on the highway. He therefore did not realize that the traffic was slowing before it was too late. He rear-ended a semi-truck that had slowed in front of him and before the accident was over both semis burst into flames and both trucks and their contents were considered a total loss.

*A semi-truck driver who it was discovered to be an OTR or over-the-road hauler had a dvd player and small video unit installed in his dashboard as a means of staying entertained on the long trips across the country. Unfortunately the presence of a video playback center served as a distraction more than anything else.

When a particularly dramatic filled moment played out on screen the driver lost focus of his truck for more than a moment - and ended up running it off the road and into a field. In this case, no one was hurt - but the driver was ticketed for distracted driving

If nothing else, these stories should serve to remind small car and truck drivers that not all semi-truck drivers are giving their full attention to their 'job'. Your best bet is to drive defensively.

Continue reading "18 Wheeler Accidents and Driver Inattention" »

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" »

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?" »

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" »

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" »

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.

Continue reading "Being in a Hurry Can Kill You" »

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.

Continue reading "There are some Heroes Among Us" »