Texas Truck Wreck Attorney Blog

Rehabilitation after an automobile or truck accident is a personal and - for many - painful issue - even in the case of what some would label 'a minor incident'.

Sometimes after an accident the individual suffers either temporary or permanent physical changes - such as a traumatic brain injury, broken bones, internal injuries or even the loss of a limb.

More often than not accident victims will experience some level of post-traumatic stress disorder and in a 'worst-case' scenario there may have been the loss of a loved one.

Therefore, rehabilitation may take many forms. Survivors may seek emotional or mental counseling with a psychiatrist or psychologist. They may need to undergo physical rehabilitation that will allow them to return to their normal way of life - or learn how to life in a new reality due to life-altering injuries. Often there is a need for a combination of emotional and physical rehabilitation.

Those who work in the field of rehabilitative services continue to refine their skills so as to ensure that the victim receives the most advanced support possible. It is common for teams of professionals that include a social worker, psychologist, nurses and doctors to meet, discuss and create a comprehensive rehabilitation or life plan. They then reconvene on a regular basis to assess the patient's overall progress.

Their goal is to give new hope and life to the victim as they move forward.

Continue reading "Rehabilitation From a Car Wreck" »

The federal government has developed a site that is devoted solely to keeping the public informed about vehicle collisions in the country. Known as the Fatality Accident Reporting System or FARS - it is operated by the U.S. Department of Transportation (DOT) under the auspices of the National Highway Transportation Safety Administration (NHTSA).

FARS is strictly statistical in nature - drawing its information from a variety of sources including accident reports, vehicle registration and driver's license files, death certificates, coroner and medical examiner reports, and emergency service and medical record reports.

The purpose for this data gathering is to use facts that include weather conditions, time of day, speed and a determination of alcohol impairment and other factors to determine a cause of death. In addition, they consider such things as the age and sex of drivers and passengers and the type of vehicle or vehicles involved in the collision.

Finally, the type of accident is cataloged - such as whether it was a roll-over, rear-end or head-on crash.

Of course, much more information than this is available on the site. In the end, though, the hope is that through this fact-gathering trends may emerge that help experts determine ways in which further accidents - resulting in catastrophic injuries and/or death - may be prevented.

Too, it is an excellent resource for organizations that advocate safe driving habits and manufacturers who are consistently looking to engineer better safety devices.

Continue reading "FARS- Car and Truck Accident Statistics" »

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.

Continue reading "Recent Accidents" »

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" »

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.

Continue reading "Pelvic Injury from a Truck or Car Accident" »

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" »

Believe it or not one of the leading causes of accidents in Texas and across the country is inclement weather. Oh sure, people have accidents on sunny, dry days as well - but when the atmospheric conditions bring snow, sleet, rain, fog or hail then the odds of a vehicle collision rise exponentially.
There are several reasons for this.

First, the elements alter the drivability of a road's surface. Of course, the optimum condition is dry (and sunny). Then there is nothing to come between a tire and the highway surface which keeps the car or truck on a safer course (generally). It is when water, snow and ice create a layer between the treads of your tire and the roadway that driving conditions become more volatile.

Any of these forms of precipitation can cause a driver to hydroplane, slide or otherwise lose control of the wheel and (therefore) control of the car and this is when accidents happen.

Of course poor weather can wreak other havoc as well. For instance, it may prevent drivers from seeing others around them or it may cause other drivers to lose control of their vehicles which could then impact you.

There are courses available that help drivers learn how to handle a vehicle in challenging road conditions. You will learn such things as how to safely maneuver out of a slide, hydroplane or other incident in which control of the vehicle is momentarily lost to you. I recommend this type of training to all drivers - in the end it may literally save your life.

Continue reading "Driving in the Rain in Texas" »

If my readers tire of the mantra - 'just when I think I've heard it all another story comes along so incredible as to defy belief' - well, trust me I get weary of saying it. This would hold true for the following news item about a sensational and wholly preventable automobile crash that killed an innocent passenger who was just out looking to buy a new car.
The story has so many angles it could be filed under drunk driving accident, speeding, wrongful death and more.

In a northeastern state right after this past Christmas holiday a man and his son went out to do some casual window shopping of import cars. The salesman (who allegedly has a history of driving while under the influence accompanied by some jail time) offered to join them in a test drive and after the prospective buyer had the opportunity to drive the salesman took the wheel forcing the vehicle to travel at up to 100 mph.

The ending is all too predictable. The salesman lost control of the car. It went airborne, crashed and killed the older gentleman. When the police arrived on the scene the salesman admitted to drinking rum before driving - and a blood test determined there was marijuana in his system as well.

The 'moral' (if there is one) to this story - or perhaps a better phrase is the 'caution' of it is to be sure that the person who takes you out for ride in a car is not intoxicated or otherwise impaired. Your life may literally depend on it.

In a neighboring state a recent accident that claimed three lives only serves as further proof that in the case of collisions that involve semi-trucks - other drivers are often on the losing end.

Reports indicate the crash involved a major and well known delivery service whose logo is instantly recognizable to millions of Americans. According to the driver of the semi he did not see that SUV and claims he may only had gently struck it from behind.

But this 'hit' - and accident reconstruction shows that it may have struck with more force on the SUV driver's side - was enough to send it 'careering out of control'. When it came to rest three persons were killed and four seriously injured with trauma that included everything from broken legs to a broken back and more.

Involved in this tragedy were three adults and four children returning to their home from a wedding with the groom in tow who would fly back to his bride after safely depositing his family who had attended the joyous event.

The accident occurred in the wee hours of the morning - the time between dark and dawn when it is most difficult to see and discern items on the road ahead (occasionally).

Only two persons were wearing seatbelts - the driver and front passenger - perhaps, mistakenly feeling it was safe to travel without them on nearly empty highways. Time and again experts have shown that seat belts do save lives and choosing not to wear them may be the difference between life and death.

Preliminary results from a toxicology test done on the semi driver show no indication of drugs or alcohol and at this time there will be no charges filed against him.

Continue reading "Truck Accident Turns Fatal" »

There are a few general considerations in a wrongful death lawsuit. First, was the death a result - in part or total - of the negligent (deliberate or accidental) actions of another person or entity (such as a business). Too, the state statute related to wrongful deaths - which was originally written in the 19th century - also states that it is a wrongful death if it is caused by another person's 'carelessness or unskillfulness' which all relates back to the breach of a duty which causes a death.

Second, are there any surviving loved ones or beneficiaries? Finally, does the family wish to seek recoverable damages?

In the haze of a loss many surviving family members do not realize they are able to sue the person or entity in a civil proceeding (which may occur separately from any criminal prosecution) to recover the cost of medical and funeral bills, lost wages and support and even such things as 'loss of companionship'. However, there is a time limit set on filing this civil suit.

Generally there is a time limit of two years from the actual date of death in Texas. After that, the person or family loses the right to sue for wrongful death - forever. This statute of limitations varies from state to state -and if you have any question about the statute of limitations it is best to contact a wrongful death lawyer in the state in question and find out.

If you have suffered the loss of a loved one - do not wait to seek legal counsel. Hire an experienced wrongful death attorney as soon as possible while evidence is fresh and before any opportunity to recover damages is lost.

One of the most catastrophic yet rarely considered types of injuries that result from an automobile or truck accident is a coma.

Doctors claim a person is in a coma if they exhibit the following traits:
*They are unable and do not initiate normal movements or voluntary actions
*They do not respond to painful stimuli
*They have been unconscious for a number of hours and cannot be awoken
*They do not exhibit a normal sleep/wake cycle
*They do not respond to sound and/or light

Comas are the result of trauma to the brain and, frankly, a diagnosis of 'comatose' has the potential to lead to hours and weeks before a recovery may occur - but can equally result in the death of the patient. It is not unheard of for comatose persons to remain in a vegetative state for years.

In studies done on the relationship of comas and vehicle collisions some interesting findings were uncovered. First, seatbelts themselves did little to prevent head trauma or lower the risk of a coma. But when airbags were introduced they tended to offer a greater extent of protection to the head and brain - with a noticeable decrease in coma injuries - particularly in front end collisions.

Unless side airbags are also standard in a vehicle then there was no noticeable depreciation in the number of persons who suffered comas in this type of accident.
As airbag technology becomes more sophisticated it is expected that the ability to prevent catastrophic injuries will increase.

Continue reading "Head Injury Accidents" »

Occasionally, I like to use this blog to offer a series of the most pertinent statistics related to vehicle collisions. Consider the following information - perhaps it will make you a more careful driver (if even for a day it's worth it).

*An average of 40,000 persons a year are killed in vehicle collisions. According to one research study it was explained this way - "on each of the 6,209 consecutive days included in this study, an equivalent of a plane load or more of people died on the roads".

*Additionally, these same researchers concluded that "on average, more than 100 people per day died in car crashes in the U.S. The death toll for a single day can range from 45 to 252 people".

*Evenings and weekends are the deadliest times on the roads. The Fourth of July is usually the deadliest day of the year (with July 3rd coming in second). August - the most common month for family vacations - is the deadliest month of the year.

*Pedestrians account for approximately 13% of crash deaths and motorcyclists another seven percent.

*Over forty percent of vehicle fatalities can be blamed on drinking and driving. Statistics on the impact of distracted driving and fatalities can only be estimated.
People tend to have a false sense of security when it comes to driving.

Everyone thinks they're a great driver - but then, you might not be the reason that an accident occurs.

Continue reading "Car Accidents Are Never Expected" »

Personal injuries and auto accidents unfortunately go hand in hand. Although the word 'accident' implies that a collision is something akin to an 'act of God' and out of the hands of we mortals to do much more than experience - in fact, accidents are usually the result of someone's negligence and somewhere along the line blame will be assigned.

This is done, in part, to ensure that injured parties are made as whole as possible through the legal process - although often accident results result in life changing events including catastrophic injuries and even death. In that case - the most one can hope for is a personal injury settlement that brings some sense of justice to the injured party and eases their physical and/or emotional pain.

Most persons are unaware that not all auto accidents can be considered 'personal injury' even if there are obvious physical and psychological injuries. In order for one to be able to sue for 'personal injury' they must be able to show that there was negligence of some sort.

Now, negligence is a nearly global term that includes such things as intoxicated driving or distracted driving. But there are a host of other behaviors that qualify as negligent as well -and too many to list in this short electronic journal to be sure.

Yes, personal injuries and auto accidents go hand in hand - attentive and cautious driving will go a long way towards helping you avoid either one.

Continue reading "What is Personal Injury" »

Drinking and driving is the cause of slightly less than half of all vehicle fatalities in this country - a figure that has shown a decrease of nearly twenty percent in the past three decades.

However, with anywhere from 15 to 20,000 deaths attributed to drinking and driving and drunk driving accidents- I feel compelled to revisit various related topics on a regular basis. Let us consider alternatives for those who may ponder drinking and driving.

Many people make a visit to their favorite watering hole a part of their daily routine. Thousands and thousands of people stop for a drink after work through the week and on the weekend. In fact, drinking is a pastime in itself for many people - college aged students on up.

Besides that - you can grab a drink almost anywhere - they even have bars in some of the more upscale movie theaters so you can imbibe while watching the latest release.
My goal is not to cast aspersions on the act of drinking or drinkers in any way.

But drinking and driving simply do not mix. So any of the following choices are wise decisions for those who have had a cocktail or two:

*If you have had too much to drink then call a cab and leave your car locked in a well-lit, 24 hour lot. The cost of overnight parking pales in comparison to a drunk driving incident.

*Let a friend drive you home. Choose a designated driver before the evening starts - that person has promised to avoid drinking and make sure that the 'party' gets home safely.

*Stay in a hotel or motel if you've had too much to drink. Today's cell phones allow you to locate the closest place, call a cab and reserve a room within a moment or two. Sleep it off before trying to drive.

*Party or drink at home. Avoid being in a position where you are tempted to drive at all.

Continue reading "DWI - Just Don't Do It" »

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" »