Texas Truck Wreck Attorney Blog

With this social media revolution comes additional sources of information that defense lawyers use for impeachment of innocent victims of car accidents. In the last year, we have noticed a marked increase in discovery requests in personal injury lawsuits that relate to Facebook pages and other social media accounts.

What the insurance company lawyers are attempting to do is find postings from Facebook where victims had positive things to say or went out and did fun things and posted it to Facebook, in an effort to show or try to show that the victim was really not hurt, or that the injury has not adversely impacted the victim's life.

All of us know, that friends and family members do not really want to hear sob stories from us about our problems. And the dilemma of the Facebook posting is should a person mentioned a problem on the posting date court and the jury will never ever hear about it in trial because the defense lawyer will never bring it up. However if someone posts "having a great day" or post pictures at the beach, it may become exhibit a in an effort to show the victim was exaggerating or not really hurt.

The moral of the story is, if you may be involved in a personal-injury lawsuit you may want to forgo posting on Facebook, for a while.

If you or loved one has been injured and would like to speak with a personal injury attorney please contact the Baumgartner law firm for a no obligation consultation on a serious injury case.

Continue reading "How Facebook Affects Car Accidents" »

With the rise of Twitter, Facebook, MySpace and now Google plus the world has opened up new avenues of online communications. With those communications comes some responsibility for all of us and also fodder to defend lawsuits.

Many law firms are using discovery to try to obtain Facebook, MySpace and other social media user names to find out information on a plaintiff or a defendant to use against that person in a lawsuit.

For an injury victim that could mean potentially anything you say can potentially be something that you would be asked about in a deposition or at trial. For instance if you spent the day at the beach with your friends you may be cross-examined on that even though you are recovering from an injury. As you can imagine it would be easy to manipulate Facebook postings to the advantage of the person asking the questions. However, if you posted of woe is me comment-which most people wouldn't even think of doing-you would never hear about it under cross-examination.

The moral of the story here is that social media is much more readily available than most people realize and both plaintiff lawyers and defense lawyers use it in injury litigation and I'm told divorce lawyers feel Facebook is a gold mine for their practice.

Continue reading "Social Media in Injury Lawsuits" »

Impaired driving can not only be the result of intoxication or the ingestion of illegal substances - sometimes simple over the counter medications or prescription drugs can also inhibit safe motoring. In other cases these same drugs can interact with alcohol in a way that increases its potency as well.

For instance, experts have found that aspirin taken with a caffeine drink can have the same dulling effects as several drinks - comparing to an 0.05 level of alcohol in the bloodstream. Dramamine - a substance taken to combat seasickness - can also cause drowsiness and dizziness - a dangerous combination for drivers and a number of over-the-counter cough and cold medicines increases the effects of alcohol when taken in combination. Any time a driver is less than 100% the odds of a car accident or a truck accident increase.

Too, there are millions of prescription drugs taken by persons on a daily basis in this country. In fact, research suggests that nearly eighty percent of individuals age 65 and over take at least one type of medicine daily - and many are on a combination regimen of drugs for a wide variety of ailments.

While it's heartening to realize that the pharmaceutical companies and medicine have been able to increase the length and quality of life - this progress comes with risks.
Unfortunately, many seniors are unable to verbalize the cautions their physicians have given in relation to taking medicine and driving.

At the same time, research is beginning to show there is a direct correlation between prescription and over the counter medications and an increase in vehicular collisions.

If you are using any type of medicine - read the labels, talk to your doctor or a pharmacist. Be fully cognizant of the effects of medicine on your ability to drive safely.

Continue reading "Impaired Driving by OTC Drugs" »

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.

Continue reading "Wrongful Death Claims" »

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" »

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" »

While we often discuss fatality statistics stemming from semi truck accidents that occur across the state (on a regular-daily-basis) we spend less time considering the fact that these accidents also lead to catastrophic injuries that permanently alter a person's quality of life.

Besides the fact that thousands of people die annually from semi collisions calamitous afflictions include loss of limbs, paralysis and traumatic brain injury. In additiion victims of semi truck accidents may remain in a lengthy coma - perhaps never to awake, or suffer other brain traumas that would affect their speech, memory or ability to think and comprehend. Permanent physical handicaps are also a common result of a semi truck accident.

What most people fail to realize (unless you are the family member of a semi truck accident victim) is that not only is the quality of life of the person who was in the accident forever altered BUT SO IS THAT OF ALL FAMILY MEMBERS. Holidays will never be the same - in fact, day to day living will never be the same.

Either those who suffer catastrophic injuries are placed in permanent rehabilitive facilities - or they are cared for in the home - each of the alternatives places a burden on those closest to the victim.

In the end, nothing good comes from semi truck accidents. They forever alter quality of life and no matter what happens in an 18 wheeler accident lawsuit many lives have been forever changed.

Continue reading "Texas Truck Accidents Alter Quality of Life " »

If you or a family member is involved in a semi truck accident and you seek the services of a truck accident attorney there are certain steps that will be followed as your case is evaluated, organized and brought to trial. In my opinion, it would probably be helpful to understand the methodology behind a civil lawsuit - and what follows is a simple explanation of just that.

After an initial consultation in which you would speak to an attorney and they would evaluate your legal options with you based on the information you provide - they may or may not decide to take the case. If they do then the next step is called 'discovery' - and it's pretty much just what it sounds like.

During the discovery phase a lawyer will spend time gathering documents such as the accident reports, depositions - which are sworn statements in front of a court reporter and officer of the court, and other important information.

At the end of the discovery phase either side may try to get the other to dispose of a part or all of the case with what is known as a motion for summary judgment. Following this both sides may try to come to a resolution through mediation, a negotiated settlement or an alternative dispute approach.

If all possible alternatives are exhausted and the case has not been resolved then it will go to court. After a trial - a jury or judge then makes decisions concerning the unresolved matters.

At the end of this - a judgment is entered. If either the defendant or plaintiff is dissatisfied with the decision then they can appeal - and the process continues.

Continue reading "The Process in Truck Accident Lawsuits" »

More and more research is confirming that the newest deadly problem facing drivers is what has been termed 'distracted driving'.

In fact, some studies argue that it is replacing drinking and driving as the biggest reason for automobile and truck fatalities on today's roads. With all the data that continues to be accumulated - this statement is hard to argue against. But before we talk facts and figures consider the reality of the following two incidents reported.

A high school boy in a nearby state who recently got his license was driving himself and friends to school - music blaring, everybody moving to the music and enjoying the freedom like no other that comes with being a teenage boy with your own car. A friend pulls up beside him - engines revving they decide to show off a little and race to the school parking lot. One car loses control and one teenage boy loses his life. One young man had to have extensive reconstructive surgery - no one is left unscathed emotionally.

Elsewhere a mother was alternately holding cell phone conversations with two children back and forth - putting the finishing touches on the after school schedule of who, what, where, when and why. She failed to see a stop sign - went through and was struck from the side. Sadly, she will be making no more schedules.

Distracted driving statistics now run as high as 20% percent of highway fatalities or - in real numbers - about 6000 persons killed last year alone in distracted driving accidents.

As a Texas personal injury attorney I am afforded a front row seat to the carnage - and the devastation left in its wake from distracted drivers.

Don't drive distracted because it may be the last time you drive.

Continue reading "Don't Drive Distracted!" »

I think it is sobering and necessary for the average citizen to be regularly apprised of the types and extent of semi truck accidents in the country. If the information serves to make drivers more cautious then I feel this blog has served a purpose.

A semi truck accident that occurred in the Midwest two years ago is just now making its way through the court system. The circumstances surrounding the accident are reported as follows:

The victim was driving on an interstate highway when a semi truck struck her automobile from behind. This collision has since left the female driver in a coma and her husband has filed a lawsuit on her behalf to recoup - among other things - the overwhelming medical costs that are an expected expense of this type of injury.

In addition, the spouse is asking for the wages his wife has lost because of her continued inability to work. In the suit the plaintiff alleges that the driver was negligent on several counts. First, he failed to keep a proper lookout of the roadway ahead and around him and, too, he failed to slow down to avoid an accident.

Some of the damages typical of serious injury cases also include disfigurement (for scars or lost limbs), physical impairment (for loss of the ability to do some things) and loss of household services and loss of consortium for the losses by the spouse of a seriously injured victim.

It's important to note that the focus of semi truck accidents is not always about injury or loss of life. Instead, the property damage wrought by the incident may leave one speechless.

For instance, earlier this summer a semi truck accident along an interstate in California caused nearly 9000 gallons of fuel to spill. It subsequently burned for hours and surrounding neighborhoods had to be evacuated. The good thing about this accident? There were no injuries. The bad? Well, early estimates put the cost to replace the highway into the millions - and the inconvenience to drivers and those who had to be evacuated- well that remains to be seen.

Continue reading "Damages in Truck Accident Cases" »

Recent semi truck accidents across the country show that fault is evenly divided between the truck drivers themselves and drivers of the other vehicles involved in the wreck.

For instance, in Tampa a speeding driver drove straight into and under the back wheels of a semi truck. The semi truck driver was uninjured but the other motorist was airlifted in critical condition to a nearby hospital.

In another case in Indiana multiple calls were made to the State Highway Patrol concerning a semi truck that had been driving recklessly for over ten miles. The semi crashed - destroying its goods - by the time the time patrolmen caught up with the driver. He was cited for reckless driving.

And...just last week two reported semi truck accidents resulted in multiple death on Chicago roadways on the same day and only several hours apart.

Serious semi truck accidents usually result in litigation. The Texas truck accident attorneys in this firm bring (25) years of 18 wheeler accident experience to the courtroom on behalf of victims families and truck accident survivors.

We have an expertise in the most recent trucking regulations and laws and the applicability of it to truck accident litigation.

In addition, we have developed a wide network of experts in such concerns that include (but are not limited to) intoxicated driving, driver fatigue, and trucking business and driver negligence, speeding and vehicle defects.

Sadly, semi truck accidents do not seem to be a phenomenon that will be disappearing anytime soon. Therefore, sometimes the only comfort afforded to victims is through the civil justice system.

Wrongful death is a death that results from a wrongful act or from negligence of another; a death that can serve as the basis for a civil action for damages on behalf of the deceased person's family or heirs.

Under the aforementioned circumstances a wrongful death lawsuit is a civil action and the most common standard of proof is a 'preponderance of evidence'.

In some cases a personal injury attorney will seek exemplary or punitive damages in addition to the families damages for the loss of a loved one.

Recently, Texas courts and our legislature have put up many legal hurdles to limit or disallow a jury from considering punishment damages.

A wrongful death lawsuit is also the only real recourse available when a company, not an individual, causes the death of a person. For instance, if your loved one is maimed or killed in a semi truck accident then the trucking company may be held liable.

Another example of this is when there is a manufacturer's defect in the vehicle itself caused the death - a phenomenon that has occurred on a number of occasions since auto companies began making cars.

A civil suit does not preclude a person from also being criminally negligent as well.
The history of wrongful death legislation can be traced to England in the mid 1800s. According to historians during the 1830s the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of the railway companies.

The Deodand Act of 1846 gave personal representatives the right to bring a legal action for damages where the deceased person had such a right at the time of their death. Compensation was restricted to the husband, parent, or child of the deceased and was for damages.

Do you buckle up? Every time? Recent studies show that seatbelt use has a significant impact on injury potential from automobile accidents.

NHTSA reports that seatbelt use in 2008 was at an all time high of 83 percent and correspondently, the percentage of fatalities from car accidents have declined since 2000.

Much of the increased use of seatbelts is attributed to individual State laws which require seatbelt use (such as Texas), and also the success of the "click it or ticket" advertizing campaign.

In a Texas auto accident lawsuit the nonuse of a seatbelt is an issue in the litigation and the judge or jury may attribute fault for the injury to the injured automobile accident victim who did nothing wrong in the car wreck but just was not wearing his or her seatbelt.

If the judge or jury attributes some percentage of the injury for not wearing a seatbelt, that finding will reduce the money award to the victim. If over 50 percent of the injury is attributed to not wearing of a seatbelt, the victim will not recover money from the car accident lawsuit, even when the person was not a fault for causing the car accident.

In Texas, it against the law not to buckle up, and studies show seatbelts do reduce injury potential and the risk of death in automobile accidents. Not only can a seat belt reduce the risk of injury, but failure to wear a belt can adversely affect a personal injury case as well.

Continue reading "Seatbelts really do prevent injury in car accidents" »