Texas Truck Wreck Attorney Blog

The findings from thousands of semi and commercial truck accidents have revealed that there are a number of common causes.

Because truck accidents account for thousands of deaths each year I believe it is beneficial to review these as a precautionary measure for my readers. It is important to note that sometimes the accidents are the result of unsafe driving practices on behalf of the commercial truck driver - and at other times it is the fault of the other driver.

*One of the major causes of commercial truck accidents is tailgating. At times a commercial truck driver may follow a passenger vehicle too closely but it is equally as dangerous if a passenger vehicle stays on the tail of a truck.

There are a number of 'blind spots' that make it difficult for a commercial truck to see those who are directly behind them. Big rigs take longer to stop than passenger cars so 18-wheelers need to allow more of a safety space between vehicles.

*Unsafe driving practices on the part of the truck and/or passenger vehicle driver. Changing lanes too quickly, speeding and reckless driving are all examples of driving behaviors that can cause an accident. The term - 'drive defensively' - are not just empty words but should be embraced as a driving 'mantra' and is particularly true when dealing with big trucks.

*Failing to maneuver a disabled vehicle off the road and out of the way of motorists is yet another problem has led to injury and fatality accidents. Every driver should have a 'safety' kit with reflectors or flares that warn others on the road of the impending danger of a stopped vehicle.

There are many fact situations that 18 wheeler accident attorneys see frequently and while each truck accident is unique common factors seem to always be present.

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" »

The National Transportation Safety Board recently called for a ban on the use of cellular phones by professional truck drivers in an effort to curb serious truck accidents. In a recent 18-wheeler accident a semi truck driver's use of the cellular phone was cited as the probable cause of a truck accident that took 11 people's lives. The NTSB investigated the accident and has recommended that commercial truck drivers be precluded from cell phone use except in emergency situations.

In truth, banning cell phone use by drivers whether they are commercial truck drivers or soccer moms is a good idea for safety. The reason that professional truck drivers are single out is because of the potential of an 80,000-pound rig to do catastrophic damage to multiple people such as the accident investigated by the NTSB officials.

In Texas, Gov. Rick Perry recently vetoed House bill 242, which was widely supported in the Texas Legislature as a necessary measure to improve safety of Texas families. The bill would have banned texting while driving in Texas-a known and dangerous distractor and a major cause of serious injury accidents and wrongful death.

While the Gov.'s veto in our opinion was wrong, the government did support additional education on the dangers of texting while driving in Texas, even if there were no funds provided for such education. Texting while driving has been one of the growing dangers on Texas roadways mainly due to the rapid increase of cell phone use and mobile communications. Not only is it possible now to text anytime anywhere, but also video chats and other methods of communication on mobile devices have grown tenfold each and every year over the past several years.

Some experts have suggested that texting while driving can give up as much as 2 car lengths of safety and can be as dangerous as drunken-driving. Let us hope that the ban on commercial truck driver's use of cell phones while driving will be followed by a ban on texting while driving in Texas after Gov. Perry leaves office.

Continue reading "Ban ON Cell Phone Use By Truckers A Good Idea" »

If you take public transportation because you believe it to be safer than driving then consider the following news items. You may decide you're better off driving yourself.

*A young woman was injured on a New York subway when the car door from which she was deboarding closed on her before she had completely exited. Her injuries were substantial.

*When an elderly male was stepping off a public bus from the back the driver began to pull off - causing the man to fall out the door. Although he was injured - it could have been worse. The bus driver nearly ran over the man before passengers got his attention and urged him to stop.

*A man on vacation at Disneyworld was struck and eventually died from his injuries when he was hit by a Resort bus.

*Two morning trains carrying passengers into the city for work collided near the Great Lakes recently. Several persons were injured.

*A ferry taking passengers across a well-known waterway began to take on water. The coast guard came to their rescue.

Planes, trains, buses and other forms of public transportation can pose danger to unsuspecting passengers in a moment's notice. Follow all rules and regulations that are posted for your safety.

Continue reading "Public Transportation Accidents" »

Nothing can be more frustrating than a vehicle collision with an 18-wheeler (with or without injuries) that results from poor maintenance of the semi-truck or other safety violations. Truck drivers (and the companies they represent) have an obligation to keep their rigs in perfect working order. They also have a responsibility to ensure that they are healthy and alert enough to get behind the wheel of the behemoth vehicle as well.

Yet time and time again safety issues take a back seat to a company's bottom line. Trucks take to the road with worn tires, dangerously inadequate braking systems and other problems.

Drivers move from state to state and company to company leaving past driving transgressions unknown and uncovered. Some are simply too old to be driving (consider the 76 year old man who caused a deadly accident because he failed to see that the traffic was at a standstill in front of him. He literally ran over several cars and their occupants and killed several people).

Now Congress has taken up the matter of increased safety requirements for the trucking industry on more than one occasion.

Unfortunately, the very powerful trucking lobby has been able to prevent the enactment of anything but a few minor laws. If you are concerned about trucking safety I advise you to contact your state representative. In a match-up between safety and dollars - I vote for safety every time.

Continue reading "Truck Accidents From Improper Maintenance " »

In my Texas personal injury law practice I see many cases of serious injury or wrongful death that resulted from a tire blowout. In some cases a tire was defective and led to a very serious crash and at other times the driver overreacted to the emergency situation and caused the accident.

One of the key factors in handling any emergency situation is not to panic. Panic is the enemy of many situations that could have been avoided.

If you are faced with a blowout, here are some safety tips to help guide you safely off the roadway.

1. Keep a firm grip on the steering wheel and do your best to keep your vehicle moving in a straight line.

2. Very slowly take your foot off the gas pedal and gradually reduce your speed.

3. When you can, turn on your turn signal and slowly moved toward the side of the road making no sudden turns.

4. Find a spot on the side of the road where you can safely pull off the road and get out of the way of moving traffic.

5. Park your car or pickup truck entered on your hazard lights while making sure your vehicle is completely out of the way of oncoming traffic and in a safe position. Make sure and keep an eye out for oncoming traffic and do not stand in between the car and the roadway.

While these tips are mainly common sense, many people have never experienced a tire failure and when the blowout occurs the vehicle tends to pull toward the side of the failed tire. Do not overreact and oversteer to the opposite direction, which results in a rollover or loss of control.

Continue reading "Handling a Tire Blowout to Avoid an Accident" »

There are a number of dangers inherent in sharing the roadways with semi-trucks - most we don't really give much thought to unless they are faced with a problem. Consider the following:

*Semi-trucks have considerable blind spots on all 4 sides. If you are traveling too close the driver may not see your vehicle. If the semi driver makes a left-hand turn in front of you - you may not be able to avoid an accident.

*Semi-trucks require greater stopping distances (up to 40%) than passenger vehicles of all other types. If you are traveling too close and a semi has to make a sudden or unexpected stop - you may not be able to avoid an accident.

*Semi-trucks with double-wide loads require exponentially greater room to speed up, slow down or move from lane to lane than the typical semi-truck. Their weight often exceeds 80,000 pounds.

*Semi-trucks are not always properly loaded. There are certain requirements for securing a load and ensuring that it will not shift when being carried across open roads - but they are not always met. When objects fly off a semi-truck at highway speeds other drivers are at risk of injury and accidents.

The truck driving industry employs lobbyists whose sole purpose is to lobby your representatives to weaken the current legislation related to trucking. Fewer safety regulations and requirements translate to greater profits for trucking companies - at the expense of other drivers.

Continue reading "Semi Truck Accidents" »

Truck driver fatigue has gotten increased attention in recent years as experts have been able to attribute more and more accident injuries and fatalities to Texas truck accidents. What follows are pertinent facts related to the burnout and exhaustion that come with driving long-distances across the country and lead to many truck wrecks in Texas.

*An average of nearly five thousand persons are killed annually in semi-truck accidents and a good part of those semi truck accidents occur in Texas. Additionally, another one hundred fifty thousand individuals sustain injuries of varying degree.

*One in four fatalities occur in a multi-vehicle collision with a semi-truck.

*According to research done by the Federal Motor Carrier Safety Administration (FMCSA) -fatigued truck drivers kill approximately 750 persons annually and cause another twenty thousand injuries. (Other organizations place the number of truck driver fatigue fatalities as the cause of somewhere between 30 - 40% of semi-truck accident deaths.

*Current federal regulations allow for a truck driver to be behind the wheel of a rig for ten consecutive hours before being required to take an eight-hour break.

The FMCSA is proposing rule changes that will require longer rest periods for drivers.

However, truck drivers and their respective companies have found numerous ways to subvert the rules - and the fatality statistics only further confirm how dangerous fatigued truck drivers are to everyone on the road. Many States such Texas have their own regulations for intra-state carriers.

Fortunately newer technology in the form of virtually tamper-proof electric on-board recorders is now being considered as required additions to semi-truck cabs. Let's hope our state and federal organizations keep the problem of truck driver fatigue at the forefront of the national consciousness.

I always advise my readers to drop a line to your legislators expressing your concern. Never take the regulation of trucks or its value in reducing truck accidents for granted.

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" »

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" »

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" »

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?" »

Truck accidents while backing up big rigs to loading docks, and narrow alleyways is a pretty common occurrence, but that is changing as it has become affordable to have all tractor trailer combinations fitted with backup monitors for trucks.

This technology has been around for quite a while, but was mostly seen on high-end Sport Utility vehicles, and particular motor homes. These camera monitor combinations have particularly been invaluable when it comes to preventing backing up over small children that cannot be seen from the review mirrors, or through the vehicle windows.

Now commercial 18-wheelers, delivery vans, and the various other commercial vehicles can implement this technology in each vehicle for added safety. Generally, an aftermarket video backup system will cost three to four hundred dollars plus tax, and shipping, and are easily installed by someone with general knowledge of installing electronic gear. You will want to make sure and look for key features that will give you the most benefit for your purchase.

Buying your first unit should probably not be done online as you will want to inspect the unit to make sure it has heavy duty installation brackets for the camera and the monitor, plus a must have is night vision, as trucks do not only backup during they daylight hours. The monitor should be wireless, this will prevent having to deal with extra cabling when hooking and unhooking from a trailer. The antenna must be sturdy enough to hold up to all type of weather, and provide excellent signal strength between the monitor and camera.

Camera angle is very important, and if the unit that is being inspected does not adjust to varying angles, then keep looking as all trailers are not created equally and their must be an option in regards to how the unit is mounted. An extra wide angle lens should offer no less than a one hundred and forty degree view area, and picture quality should be good for up to about 50 feet away.

Concerning the range between the camera antenna and the cab, there should be a minimum of forty feet to ensure getting a crystal clear image on the remote monitor. Spending a little extra for a unit that will perform at the levels previously mentioned will be a good investment for the safety of your equipment, and any pedestrians or vehicles nearby. Prevention never costs as much damage, and saving a life with this technology is priceless.

Continue reading "Backup Monitors are Commercially Available for Trucks" »