Texas Truck Wreck Attorney Blog

Drunk driving by 18 wheeler drivers is not a frequest occurance compared to other drinking accidents like motorcyclists, motorists, pedestrians and bicyclists.

Examples of injuries and fatalities when drinking and motoring can even include boating accidents. The main killer on the roadway is the drunk driver of a passenger car or pickup truck.

But the most likely to be deadly is the truck driver who consumes alcohol before climbing behind the wheel of his or her rig to hit the open road. Fortunately, it is not that common of an event.

According to studies done by the Insurance Institute of Highway Safety truck drivers are the least likely among all types of drivers to drink and drive. In a recent year they found that only 4% of all semi truck driver deaths had a blood alcohol content level that registered high enough to be considered legally intoxicated.

In statistics compiled by police forces around the country - random stops of drivers over the course of a year revealed that only 0.2% of truck drivers tested positive for alcohol (not necessarily to the point of intoxication) while 5% tested positive for illicit drugs including (but not limited to) marijuana and cocaine.

Undoubtedly, strict federal regulations regarding alcohol consumption and truck driving play a role in reducing the dangers to the public.

For instance, federal law calls for drug testing of drivers before an offer of employment. It is mandatory to get a blood alcohol content level of any 18-wheeler driver who is involved in a crash as well as random testing in general.

Drivers found with ANY alcohol content in their blood systems are taken out of service immediately. A BAC of 0.4 or higher causes the driver to be disqualified from applying for a CDL.

At up to 80,000 pounds one moment of indecision by an impaired driver can wipeout whole families.

Continue reading "Drinking and Driving a Big Rig" »

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.

It is quite shocking to learn that the average American is more likely to be involved in a car fire than an apartment fire! The statistics related to automobile and other types of vehicle fires is alarming to say the least.

An average of 33 vehicle fires is reported each hour - or one every 96 seconds - with over 500 deaths. Across the country 20% of all fires are vehicle related. In addition, nearly 20% of these fires take place on the highway.

In real terms, a quarter of a million vehicle fires were reported in a recent year! Other facts of interest include the fact that 75% of highway vehicle fires can be traced to mechanical failures or systems malfunctions of some sort. In some cases the vehicles have a design defect or a manufacturing and the manufacturer may be responsible for the fire.

Finally, of all the subpopulations across the country - teenage boys are more likely than any other demographic to experience a vehicle fire and about three quarters of all fires are related to poor vehicle maintenance.

Most drivers do not take the time to realize that there are no less than six flammable liquids underneath the hood of a car, and when the engine heats up any leaks are a potential fire hazard.

Routine maintenance -such as checking that all hoses, caps and filters are in good working order - is the first defense in vehicle fires. Also, having all liquid levels - oil, water, transmission fluid, etc. - checked regularly is also.

If you are driving a vehicle that begins to smoke or flames become visible pull off the road as quickly as possible. All passengers should exit the vehicle and move to at least 100 feet away because of the potential for an explosion.

Most important of all - DO NOT try to put the fire out by yourself but call 911 and wait for emergency responders to step in and help.

Continue reading "Car Fires can be Deadly" »

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" »

Now that we are fully ensconced in the summer season and getting ready to hit the highways on vacations there is a particular subject that needs to be addressed - work zones.

Summer and roadwork go hand-in-hand. If the reader scours the news he or she will find a sad litany of accidents that have been caused in work zones that have resulted in injury and death.

Often it is simply because the driver is not fully engaged in the act of driving or not paying full attention. After reading the following tragic example of work zone accidents - hopefully drivers will redouble their efforts to remain vigilant and safe when driving.

Last summer a crew was repairing a stretch of highway around Houston. Traffic had slowed to a halt and was backed up a half mile or so in a single lane. Even though signs had been posted for several miles before the actual area under construction the driver of an eighteen wheeler was not paying full attention.

When the truck driver realized the traffic was stopped he slammed on his brakes - but was too late to prevent an accident. He plowed into the car in front of him killing both passengers immediately. The impact pushed the car into the one in front of it and the driver of that car was gravely injured.

Remember, highway construction goes on year round in Texas. Stay alert to signs of construction when driving and follow the posted rules.

The truck driver who rolled his 18-wheeler into a canal is thought to have suffered a heart attack. The 61-year-old trucker went off the road and rolled his tractor-trailer in a one-truck crash.

It took rescue personnel almost 1/2 hour to extract the truck driver from his rig. Authorities believe that the truck driver suffered a stroke just prior to losing control of the vehicle.

The federal motor carrier safety regulations provide some level of comfort to the public with respect to the driver health of a big rig. However not every circumstances can be foreseen and regulated in a way fair to truck drivers and to the public.

Let us hope, that the truck driver recovers from this stroke and is in a condition to safely return to his profession soon. Given the sheer size of the big rigs extra caution is always appropriate when determining driver qualifications.

Continue reading "Heart attack suspected in 18 wheeler crash" »

A two-vehicle crash on Interstate 59 tangled traffic on the highway for several hours. According to the police department the truck accident happened in the northbound lane of Interstate 59 and involved a pickup truck and a tractor-trailer.

Police officials indicate, that the pickup attempted to merge onto the highway when the accident occurred. The police department responded to the crash site and the investigation into the cause of the truck accident is ongoing.

The collision was significant and the pickup truck was dragged over 100 yards before coming to rest at the crash site. Skid marks from the tractor-trailer were apparent to the officers investigating the wreck.

The cause of the tractor-trailer accident is not currently available, however one must wonder if the pickup truck appropriately yielded the right of way when entering the interstate.

Continue reading " 18-wheeler accident snarls traffic on Interstate 59" »

The truck driver of a tractor-trailer miraculously survived a brutal accident when his semi-truck slid off the highway overpass and crashed below.

The truck driver apparently was exceeding a safe speed and lost control on wet roads when the big truck went off the overpass and onto the highway below.

When the truck flipped over and landed on the cab diesel fuel leaked from the accident and hazmat crews were dispatched to clean up the fuel. Fuel on the roadway unattended can lead to some very dangerous conditions as the fuel acts as a lubricant on wet roads much the same as hitting a patch of ice.

In this accident the trucker was wearing a seatbelt, which probably saved him from more significant injury.

Continue reading "18 wheeler slides off highway bridge" »

Outside of Texarkana, Texas a major pileup of cars and semi trucks sent three people to the hospital with serious injuries.

According to reports, a tractor-trailer was approaching traffic stalled along a construction so and failed to slow down plowing through six different vehicles before ending up in the ditch.

This accident is another example of the danger that the public is in when a professional driver of a 20,000-pound vehicle is inattentive. Had a similar accident occurred with a car or pickup truck undoubtedly the accident would not have been as severe?

There are no reports as to the injuries other than they have been described as serious. The truck rack included a total of 10 people and left debris scattered along the interstate.

I cannot emphasize enough the damage and destruction that 18 wheeler trucks can cause when crashing into small 5000 pound passenger cars.

Professional drivers are held to a higher standard in safety regulations and expectations. Do to the massive size of the tractor-trailers and increased stopping distance required it is imperative that the professional driver is attentive to the roadway.

Continue reading "Major 18-wheeler accident on Interstate 30" »

On March 23 a child abruptly and without forethought ran into a suburban Houston street as well as the path of an oncoming car. As several parents looked on in horror the little girl was struck by an automobile.

The woman driver stepped out of the car and seemed to check on the condition of the eight year old. Then she said to no one in particular something to the effect that it wasn't her fault, got back in her car and left. The child was rushed by ambulance to the hospital where she died the next day.

This scene is played over and over in cities across America. National statistics place the number of hit and run accidents each year at 11% of all motor vehicle collisions. In numbers this equals about 700,000 incidences where a driver has left the scene of the crime.

Hit and run is the crime of colliding with a person, their personal property (including their motor vehicle), or a fixture and failing to stop and identify oneself. In many jurisdictions a driver is legally obligated to stop and exchange information and summon emergency services. In addition, the driver is required to remain at the scene until police arrive.

Hit and run perpetrators face a variety of consequences including the suspension and cancellation of one's driving privileges and even imprisonment. Lifetime revocation of a driver's license is also a possibility. In addition, increased insurance costs, compensatory fines and punitive fines can be imposed.

Finally, if caught the driver may also incur DMV points on their license.

Last September 19, two separate hit and run accidents occurred. On April 1 a 33 year old man was struck and killed by a hit and run driver. The list goes on and on.

Perhaps the most unfortunate part of this story is that the police in Texas say there are not enough officers to investigate all the accidents as fully as need be.

Continue reading "Hit and run is a problem for all of Texas" »

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" »

A tractor-trailer driver was killed when his semi-truck rolled over at the junction of US highways 18 and 183. The Highway Patrol indicated that the truck driver was 76 years old at the time of his death.

According to reports, the trucker was hauling livestock feed at the time of the wreck. The tractor-trailer rolled over as he was turning from one highway onto another. There was a thick fog at the time of the truck wreck but it is unknown whether fall played a role in this fatal accident.

The truck driver was taken by life-flight to a local hospital but did not survive.

There are several known causes for semi trucks rolling over. One cause that I see frequently is improper loading. Another cause is driver error and mainly involves a steering correction that overcompensate which leads to the rollover.

There are many SUVs that have been known to have a propensity to roll over, some of which have been in the news frequently and others are still being documented as prone to rollovers. One vehicle that has been in the press and the subject of many wrongful death lawsuits is the 15-passenger van.

15 passenger vans have been shown to be unstable when more than 7 passengers occupy the van and many personal injury lawsuits have been filed in connection with the design of the 15-passenger van.

Continue reading "Truck driver killed in accident" »

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? " »