Texas Truck Wreck Attorney Blog

While wrongful death lawsuits can be complicated and extensive - there are a few simple facts on which many are based. Each state has its own unique set of laws for wrongful death claims. Consider the following information.

*Wrongful death may be deliberate - such as murder - or accidental but due to the negligence or carelessness of another individual.

*Different states mandate which survivors are able to sue. In some cases only the spouse and immediate family members may file a wrongful death suit. In other states instances the right to sue may even extend to grandparents.

*There is a statute of limitations on filing a wrongful death lawsuit in most states.

*Medical malpractice does not always result in a wrongful death and wrongful deaths frequently are not traced to medical malpractice (even though the family feels otherwise).

*There are circumstances under which a bankruptcy court can discharge a judgment imposed by a court in the case of a wrongful death. This is usually not possible in a drunk driving wrongful death suit.

*A decision on the amount of damages to be awarded in a wrongful death lawsuit is complicated and may take into account a number of factors including such things as the loss of future earnings and pain and suffering and loss of services.

*Many states have incorporated measures that prevent family members from suing each other in the case of a wrongful death.

The decision to sue for wrongful death is a complicated issue. There is no doubt that families must consider their options at a time many are struggling with the grief of the loss.

Continue reading "Wrongful Death Claims" »

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?" »

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" »

Even though the public has had a thirty year ongoing conversation about drinking and driving - it seems that the phenomenon of alcohol fueled fatality accidents is no closer to being a distant memory than it was 3 decades ago.

Research shows that (unbelievably) 66% of highway fatalities were alcohol related in 1982 and today, 42% of highway fatalities are alcohol related. I don't think it's a stretch to say that we've made little progress in curbing the disaster of people who continue to drive while they are intoxicated. It was only a few years ago when some very popular political figures in Texas OPPOSED the open container law in Texas.

Consider the circumstances of these recent reports of drunk driving accidents - and then ask yourself - would I drink and drive if I knew this would be the outcome?

Four teens are killed at the hands of a woman who had downed several pints of vodka and chased it down with other types of alcohol.

A 69 year old man killed a popular teacher in a drunk driving, hit and run accident. He was sentenced to 2 - 4 years in prison. The family received life without their loved one.

A female police officer was charged with a hit and run DWI when she allegedly killed a homeless man after an evening of drinking and then left the scene of the accident.

The incident was reported to have been caught on the video camera of a local establishment - thereby allowing fellow officers to track down the suspect.

One couple in Alaska summed it up very nicely when they said that a drunk driving fatality accident captures the hearts and minds of the public for a few days then it is forgotten - until the next crash.

They have penned a free book aptly titled - Soul Shaking Grief - a Victim's Memorial. The sum it up simply - as long as we live in a free society that makes it hard to stop people from getting behind the wheel of their vehicle when they are drunk then we will continue to lose innocent men, women and children to their recklessness.

A Houston area family that lost their daughter in a drunk driving accident have started Krystas Karing Angles which takes wrecked cars around the community to show young drivers first hand the reality of drunk driving accidents. It is a great charity and i urge you to support them.
http://krystaskaringangels.com

Continue reading "Drunk Driving Accidents" »

An El Paso police officer was killed Wednesday and another police officer injured after an alleged drunk driver rammed the patrol car they were riding in.

The 41-year-old policeman had been a member of the force for four years and his 39-year-old partner was injured. The car accident occurred about 1 AM when a 19-year-old man allegedly ran a red light and struck the officer's car.

The deceased police officer was the passenger and the injured officer was the driver when they were struck by a 2004 Mercedes. The Mercedes driver was also injured in the car crash and was taken to the hospital for treatment.

Reports indicate that the 19-year-old driver of the Mercedes was arrested on suspicion of intoxicated manslaughter and intoxicated assault stemming from the car accident.

The injured officer had to be cut out of the patrol car by firefighters but fortunately they don't expect his injuries to be life-threatening.

The governor of Texas apparently gave the El Paso Police Department and the city of El Paso permission to fly their flags at half mast for the day.

Sources indicate that Texas leads the nation in officers killed in the line of duty and many of such fallen heroes are the victims of a drunk driver accident.

Continue reading "Texas Officer Killed in Traffic Accident" »

While drunk driving is not considered as a serious offence by some people, they fail to appreciate that such type of driving could be big black mark on the driver or the consequences to the person if the cause a car accident while intoxicated.

Regular Mishaps
Every day one comes across news of drunk driving accidents on the popular media like the radio, TV, and newspapers. Even the Internet is full of such news reports these days. Yet few people realize how adversely a drunk driving arrest or accident can be.

Drinking and Driving
Various aspects of drinking and driving are there. Some of the major impacts of alcohol on the motor reflexes are as follows.
• While the effects of alcohol vary from person to person, it is invariably harmful for human body.
• Losing control over the movements of the body and consequentially losing the control over the vehicle often leads to drunk driving accidents.
• Such effects will depend on the weight, age, gender, and diets of the people concerned.
• Blood alcohol content of 0.01 to 0.05% of could be considered subclinical.
• When the blood alcohol content reaches above that level and even to the range of 0.06 to 0.12%, the effects become pronounced and often harmful as the person loses control over driving.

Confusion in body can impair normal movements and that is what drinking and driving can get one into. And the obvious result is accident that could be otherwise prevented and sometimes a family torn apart.

Please talk to your children about drinking and driving and use good judgment.

Continue reading "Drunk Driving Accidents Have Serious Consequences" »

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" »

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" »

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 " »

A trucker who hit a Department of Transportation truck in the rear in a truck accident was arrested for drunken driving Tuesday morning, according to reports. The DOT employee was taken to the hospital with personal injuries.

The Department of Transportation was created in 1966 to aid transportation safety in the United States. One of the several safety agencies of the DOT is the Federal Motor Carrier Safety Administration, which promulgates rules and regulations for truck drivers and trucking companies.

The truck driver running into a DOT truck after having been drinking is like someone drinking and hitting a police car from behind.

The Federal Motor Carrier Safety Regulations are very strict in what happens after a truck accident and the ramifications for a trucker taking the wheel while impaired are clear.

The size and weight of tractor trailers make them very dangerous in an accident and drinking and driving by a professional driver is in a word-reckless. In Texas drinking drivers, particularly truck drivers can be subject to pretty harsh penalty especially in serious injury or wrongful death cases.

Continue reading "Trucker driver hits a DOT truck and gets arrested for DUI" »