Texas Truck Wreck Attorney Blog

Some experts claim that the drivers who use their cell phones while driving are every bit as likely to cause a car accident as drunk driver! This belief is based on the theory when a driver is deep in conversation their attention is divided between the traffic on the roadway around them and the cell phone conversation.

Professional engineers who are trained to forecast driving hazards have all concluded that the public should be alarmed by the dangers presented by those who talk on a cell phone and drive or text.

Shockingly, some even claim the NHTSA has suppressed veritable mountains of data that prove talking on a cell phone while driving is deadly.

"Two consumer groups, the Center for Auto Safety and Public Citizen, unearthed evidence that the National Highway Traffic Safety Administration (NHTSA) withheld "hundreds of pages of research and warnings about the use of phones by drivers," the New York Times first reported. The highway agency also decided not to pursue its own researchers' recommendation for a massive study to nail down the risks" (Philadelphia Enquirer, 2009).

Unfortunately, thanks to lobbying groups for cell providers and others and other foot-dragging maneuvers of those in Washington and in several states, the data failed to reach the public - and in its wake thousands of deaths and injuries can arguably be attributed to cell phone usage while driving.

While numbers vary on the incidence of distracted driving as a cause of car accidents, it is fairly clear that at leat 1/3 of accidents involves some form of distracted driving.

Recently, truck drivers were banned from cell phone use or texting while driving but the rest of the motoring public needs comprehensive state wide regulation of cell us while driving.

What can the average person do?

Contact your local, state and federal representatives and let them know you support regulations on the use of cell phones when driving.

Continue reading "Should Texas Ban Cell Phone Use While Driving?" »

Road design and construction contribute daily to truck accidents.

Several of the more common factors include barriers and guardrails, exit and entrance ramps, road markings and road surfaces, signage problems, roadway shoulder designs, traffic control mechanisms, visibility, and the flow of traffic patterns.

Many times the failure to recognize traffic slowing in construction areas can play a part in an 18-wheeler accident.

Guardrails and barriers such as those that separate the flow of traffic in opposite directions are safety devices whose inadequate design or implementation leaves drivers vulnerable to accidents. In addition, exit and entrance ramps that cause traffic back-ups or an inability to enter and leave the highway safely without endangering drivers around you can also be traced to poor road design.

In addition, when construction takes place many times the warnings and work itself can cause motorists to "rubber neck" which leads to a dangerous situation due to the disparity of speeds.

Road markings such as 'do not cross' yellow lines or highway reflectors play an integral role in keeping motorists safe. These must receive regular maintenance to ensure driver safety - Some locations the huge number of accidents should cause authorities to reevaluate what is not working.

In addition, poorly maintained road surfaces are a recipe for driver disaster. Potholes and grooves in the highway surface should indicate to the driver that the road may not be well maintained and to pay close attention. An absence of these two important safety features can lead to accidents.

Traffic control devices including traffic lights, appropriate signage (yield, slow down, etc.), pedestrian crosswalks and more are also meant to keep drivers, passengers and walkers safe. Many times like after a hurricane, signals are largely out for a good part of Texas.

Visibility is an important factor in road design and plays a big part in many construction accidents on the roadway.

Finally, although not impossible, road defect litigation is extremely difficult and many legal hurtles exist in Texas to bringing such a case.

The better course of action is to be extra cautious in construction areas and road conditions when driving.

Certainly there can be no argument that speeding is dangerous and the cause of thousands of accidents and deaths each year. But driving under the speed limit is equally as dangerous - and a topic we've yet to write about.

Unless a minimum speed is posted there is no fixed minimum speed for highway driving. Sometimes weather conditions dictate driving under the posted speed limit to ensure safety.

However you can be cited for obstructing traffic if indeed you are impeding the safe forward progress of other vehicles on the roadways.

It is possible to get a ticket for the driving too slowly - particularly on the highways. If a driver is going fifteen miles below the speed limit in good driving conditions then this may be considered to be impeding traffic and it is a ticketable offense.

The times that require a driver to slow their vehicle below posted speed limits include the duty to "decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.

Speed must be decreased as necessary to avoid colliding".

One of the biggest factors for accidents is disparity of speed and you actually can have a truck going so slow on the highway that it is a hazard to the motoring public.

In all, it's best to just use common sense. Slow down in nasty weather - otherwise in good driving weather stay at or near posted speed limits on the busy highways.

Continue reading "Negligent by Driving Under the Speed Limit?" »

A pickup crashed early this weekend after a passenger vomited and fell out of the truck. According to authorities, 2 people fell out of a pickup truck side door after a passenger got sick and fell out of a passenger door held shut by bailing wire.

A second person fell out of the pickup when trying to assist the sick passenger.

After the passengers fell out of the pickup truck, the truck then struck a concrete wall. The passengers were transported to the hospital for treatment of injuries and the driver of the pickup was arrested for driving under the influence.

The truck driver walked away uninjured and was the only one wearing a seatbelt.

Authorities report that cause of the truck accident as impairment by alcohol.

This story while entertaining to read could have been much worse; passengers are killed frequently in drunk driving accidents. If you value your safety do not ride with the drinking driver.

If you are going out on the town and may drink, please select a designated driver to help ensure your return home safely.

Continue reading "Passenger throwing up blamed for DWI accident" »

According to the DPS a two-car accident killed one and injured three this week. The car accident took place in McLennan County, Texas.

Investigating officials indicate that the cause of the wreck was a driver who failed to stop for a stop sign. A 2003 Ford escape was traveling south on FM 2311 at the time of the accident.

A 1994 Ford Thunderbird, according to reports from officials, struck the Ford in the intersection.

Officers indicate that a person inside the Ford escape died and at least three others were injured. Officers have withheld the name of this deceased pending notification of family.

It is very important to pay attention to the roadway while driving. Running a stop sign or a stoplight can easily lead to serious unintended consequences such as this accident.

According to official studies nearly 700000 police-reported motor vehicle crashes occur annually at stop signs, and approximately one-third of these crashes involve injury.

A simple momentary lapse in concentration of the roadway can be fatal. Please drive safe.

Continue reading "Texas car accident kills 1 injures 3" »

Occasionally I must return to the simple topic of safety tips - one I harp on with great regularity but people are still getting in accidents so it must mean I need to repeat myself! Hopefully my readers will not regard me with disdain when I inform you that today's tips will be as of yet unheard of and unaddressed by me!

Writing about traumatic brain injuries from accidents over the last couple weeks got me to thinking about the types of things that might pierce the brain in an accident. It occurred that in a collision those items that are loose in the car have the potential to go flying on impact and don't tend to stop until something stops them - like a part of your body.

Canned goods, bowling balls and other sports paraphernalia, even books and pens have the potential to catapult and harm. Always keep items secured in the vehicle.

A second rule of thumb should be to always slow down as you come up to an intersection and glance to both sides to ensure a driver is not running a red light. It is a statistical fact that one of the types of collisions most likely to be fatal is when a car or truck hits yours at a 90 degree angle.

This is your most vulnerable position - airbags and seat belts offer minimal to no protection for significant side impact accidents. There is no shame is having a healthy skepticism towards other drivers on the road.

Red lights get run all the time and are a leading cause of wrongful death from a car accident in this country.

There - two pieces of good advice - hope you use them.

An on-duty officer was driving a marked police car and still was the victim of a hit and run accident in Texas. According to reports, officer Matje was westbound on a Texas freeway when the squad car was sideswiped by another car. The police car then crashed in to a third vehicle.

At this time, there is no description of the hit and run driver who fled the scene, except that the hit and run vehicle should have significant damage to the front.

The officer was taken to Baylor Hospital in Dallas by ambulance and according to the police is listed in fair condition. Anyone with information about this hit and run accident is urged to call the Dallas Police Department at 214 -- 670 - 5816.

Hit and run accidents have been a real problem in Texas recently. The number of fatal hit and runs in the lone star state is at an all-time high. Although no one has offered reasons why the hit and run numbers are so high.

Continue reading "Officer injured in Texas hit and run" »

The parents of a 17-year-old girl from Texas who was killed in an automobile accident while texting on a mobile phone are looking to influence the Oklahoma legislature into passing the texting ban in Oklahoma.

The Brown family of Wellman, Texas went to the state legislature in support of a bill, which would prohibit texting while driving. The Browns tragically lost their daughter in an automobile accident in 2009.

The bill prohibits mobile phone use by teens with restricted drivers licenses, and provides for fines up to $1000.

The movement to limit texting while driving is gaining ground. FOCUSDRIVEN is a new organization dedicated to spreading the word about the dangers of texting while driving.

On Friday, April 30, FOCUSDRIVEN will be the subject a promotion by Oprah to promote National No Phone Zone day. Oprah will be devoting her entire show to the focus driven message.

I urge everyone to contribute to FOCUSDRIVEN , to watch or tape the Oprah show on April 30, and please help the Brown family with this worthy effort.

Continue reading "Parents lobby Legislature for texting ban" »

Many people consider themselves to be excellent drivers. They would never drink and drive or speed. Yet they allow themselves to perform simple acts while driving that fall under the heading of distracted driving and can easily result in traffic accidents that cause property damage, injury or death.

While driving requires the full time attention of the driver - unfortunately any number of things can lead a driver to be inattentive - and it takes only a moment to cause an accident.

Today's technologies have turned automobiles into the new entertainment center. The modern family can often be seen viewing television and videos, playing video games, chatting on the phone, using a computer, getting directions and dining - all in the comfort of their vehicle.

Unfortunately, though, these amenities are really distractions in disguise.

According to one government source there are three types of distractions.

The first is visual which causes drivers to take their eyes off the road.

The second is manual and results in drivers removing their hands from the steering wheel.

The third and final distraction is cognitive which means drivers take their mind off their driving.

Continue reading "Technology leading to auto accidents? " »

Sometimes car accidents can be funny. Especially when no one is hurt and the result looks something like this:

This is an automobile accident that happened on a Houston highway today. Somehow I get the image of following too closely as a cause of this car wreck.

There were no reports as of press time of injury. The auto accident happened on West Loop near Westheimer and traffic was a mess with rubbernecking as you can imagine from the picture.

Continue reading "Leap Frog accident on a Houston highway. " »

Although there is a national awareness of the dangers of drunk driving thanks to organizations such as M.A.D.D. (Mothers against Drunk Driving) it is still at unfortunate epidemic levels across the country and the result is often death for innocent victims.

This is certainly true on Houston area roads. Let us consider some of the recent incidences of drunk driving in this city.

According to one source, Harris County has THE highest rates of drunk driving fatalities among similar counties across the United States!

The source goes on to say that sixty percent of traffic fatalities in the Houston area are alcohol related.

Horrific results of drunk driving in recent months include the death of a housewife and mother who was forced off a highway overpass and the loss of a volunteer fireman's legs in an accident that occurred in a parking lot. Both of these incidences occurred because people still get behind the wheel of their vehicle drunk.

Driving while intoxicated turns cars and trucks into death machines. While it is one thing to gamble with your own life - more often than not the drunk driver takes innocent victims out with him or her.

With all the media attention surrounding the issue of drunk driving it is no less than mind boggling that it still happens on a daily basis - and the sad reality that people die because of it.

Continue reading "Houston leads nation in drunk driving accident fatalities " »

With over 50,000 Americans killed on highways - over a thousand of those in Texas and often several hundred around the greater Houston area - a review of safe and defensive driving tips is always a relevant topic.

Let us consider the top ten rules offered by a leading authority on driving safety and then we will refer you to review the other SIXTY suggestions provided by road trip America, click for a copy.

The first rule of driving safety is to pay attention to the road and everyone around you. This segues nicely into the second most important rule of the road - don't trust anybody.

You can never know what distractions may be taking the attention of the drivers around you.

Don't drive impaired and never use excessive speed - better to be late than not arrive at your destination at all.

Rule number five is to always use your seat belt - which just makes good common sense. Also, never run a red light - countless deaths occur each year due to drivers trying to beat the light.

Too, another simple yet valuable piece of advice is to use your turn signals. This allows the drivers around you to understand your intentions.

Rule number eight is to create a healthy space around you and other vehicles on the road. This allows you an escape option should something unexpected happen.

Finally, slow down in snow and rain and brake slowly in these conditions to avoid hydroplaning. For other tips consult the website provided above and drive safely.

Continue reading "Defensive driving tips to avoid a car accident" »

The automobile has changed the lives and culture of America. Without giving it much thought - our work and leisure time often depends on the accessibility of our car. At the same time, we rarely ponder the likelihood we could end up in an automobile accident that may or may not result in bodily injury or death and property damage.

There are certain steps each driver can take to increase their chances of staying safe on the road. Let's consider some of them.

First and foremost - always use seatbelts in the car. Every passenger should be buckled up using proper seating for younger children. Estimates on the number of lives saved by seat belts range from 1000 to 100,000!

A second tip is to be sure your car is running in top shape. Tires should be inflated appropriately and those that show wear should be replaced. Tires that blow out while driving on the highway cause an average of 25,000 accidents per year and up to a hundred deaths.

Next, drive defensively. Remember its better to be late than to not arrive at your destination at all. When on the highway always stay a couple car lengths behind the car in front of you. Keep both hands on the steering wheel (really!) and give your entire attention to the task of driving.

Distracted driving is one of the leading causes of automobile accidents. Finally, no texting or otherwise handling a cell phone while driving. Happy motoring.

Continue reading "Stop needless auto accidents" »

The Houston Police Department maintains a public website of news releases to keep their citizens informed of crime and accident statistics and background information.

In the past week there has been a fatal automobile accident nearly every day in the greater Houston area! This tragedy is mind boggling and begs the question - what can be done
to decrease these numbers? Let us examine the police reports - perhaps this will help get to the bottom of this epidemic.
According to the reports:

The most recent fatal injury accident on 3/29, appears to be the result of drunk driving on the part of both drivers.

A female driver was killed on 3/27 after attempting to avoid a stalled vehicle on the highway in front of her.
On 3/26 a female was driving at a high rate of speed and lost control of her car. She was ejected after it struck a tree head on.

The day before that a child died as a result of a fatal hit and run accident.

These incidents have been catalogued and relayed on this blog for several reasons. First, it is to demonstrate the enormity of the problem of automobile accidents - in the city of Houston itself.

Imagine this story replayed again and again in municipalities across the country - it is breathtaking in terms of the loss of life and emotion trauma of survivors.

The second reason for sharing this information is to demonstrate how easily each of these deaths could have been prevented or at least start a discussion about possibilities.

Continue reading "Houston an auto fatality a day!" »

The majority of newer cars in the U.S. today have event recorders or event data recorders also known as black boxes.

Given the Toyota unintended acceleration publicity recently, the issue of black boxes is coming in to better focus. The event recorders were originally developed to deal with aircraft accidents, and later adapted to monitor air bags in automobiles.

Not all cars or trucks have event data recorders, and some but not all manufacturers have taken great lengths to insure that the event data is not recoverable by anyone other than the manufacturer.

The National Highway Traffic Safety Administration developed a rule requiring that if an event data recorder is part of the car, or pickup truck that specific information needs to be collected. However that rule does not go into effect for several years and does not require any vehicle have a black box.

In auto accidents and truck wrecks event data provides very useful information when it is accessible by authorities or by accident lawyers where on the plaintiff side or the defense.

Many accident reconstructionists have the ability to download event data on many newer cards and trucks. It is particularly helpful as many times a car accident happens unexpectedly, in a matter of split seconds and it is sometimes difficult for the injury victim to recall or relate accurately exactly what happened in the crash.

Continue reading "Does you car have an Event recorder? " »