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.

A family member has been in a terrible 18 wheeler accident and you are struggling to deal with the injuries and recovery of your loved one and it is the last time you want to have to do anything other than tend to your family. Yet it is very important in many truck accident cases that the victim obtain quality and competent representation as soon as possible.

Whenever there is a serious truck accident the ARE greater than not that the insurance carrier will have lawyers and experts at the scene within 24 hours of the truck accident. The insurance company dispatches their group for one purpose and one purpose only and that is to defend the claim and find things that will help them deny or delay the claim.

Not only are the insurance quick response team looking for things they can make issues in a truck accident lawsuit but mainly they are looking for a way to shift responsibility from the trucking company and truck driver to either the victim or another party. In short, they are looking for ways to pay as little as it possibly can from the accident.

There are such things as skid marks, debris, fact witnesses, black box or onboard computer systems, and other important evidence that can disappear if a family does not act quickly to protect their interests. Many times an unscrupulous trucking company will look to sell the damage truck as quick as possible to avoid it being used as evidence in the case.

If you were loved one have been injured in a truck accident the first thing you should do is find a quality and competent Texas truck accident attorney to protect your interests.

A number of studies have been done over the past several decades whose findings have revealed that - even though each collision is unique - there are several common causes of truck accidents across the country.

Let us consider the top five mistakes that lead to truck wrecks involving semi-trucks (and other commercial vehicles) and often result in injury and wrongful death.

*Improper truck maintenance is one reason that so many semi-truck accidents happen on American roads. Worn tire tread, unattended to brakes and brake systems, inattention to proper care of the coupling system and other oversights in the care of an 18 wheeler can have deadly consequences for the rig driver and other unsuspecting persons on the road. Unfortunately, proactive attention to proper maintenance may be the best life-saving interventions that can be undertaken by the trucking industry.

*Driver fatigue is also one of the top five causes of truck accidents. Semi-truck drivers are put under pressure by their respective trucking companies to get their commodities from the place of origin to their destination. This leads to individuals pushing themselves beyond their physical capabilities in order meet expectations. Even though regulations are in place that are meant to prevent drivers criss-crossing the country without the proper rest - it happens regularly anyway - and, not surprisingly, accidents are often the result.

*Speeding is yet another cause of semi-truck accidents because it is another way that drivers can make up for time lost in traffic jams or bad weather. It can also lead to deadly accidents at a moment's notice because of unpredictable events on the roads that do not allow drivers adequate stopping time and distance.

Finally - improperly placed loads and substance abuse round out the top five causes of semi-truck accidents.

If you notice a truck driver behaving erratically contact local law enforcement or the state highway patrol. We have an obligation to keep each other safe on the roads.

Continue reading "Top 5 Causes of Truck Accidents" »

The simple truth of the matter is that 18-wheeler accidents are not the same as a two-car crash. Victims of semi truck accidents generally have pretty significant injuries given the huge disparity in weight between a passenger car and a tractor-trailer.

The operation of an 18 wheeler is quite different from the typical passenger car, not only are the brakes substantially different but the braking characteristics and stopping distances are more complex given the articulated vehicle and waits up to 80,000 pounds.

Additionally, truck accident lawyers must be well versed in the Federal Motor Carrier Safety Regulations such that they can recognize a violation of a statutory duty whether on the truck driver's part or the motor carrier.

A lawyer who handles tractor-trailer accidents on an everyday basis is in a much better place to assess the liability of a given accident and also to prosecute a truck accident case. A simple way to determine whether or not the lawyer you are speaking with is an experienced truck accident attorney is to ask them for their case results in 18-wheeler accident litigation.

While a successful track record in 18-wheeler accident litigation is desirable it is not the only factor that a victim should consider. Truck accidents tend to be much more complicated than the everyday car accident and involve much higher numbers in terms of damages.

It is critically important that the lawyer you select to help you seek justice in a Texas truck accident case be one that you are comfortable with and feel good about.

Continue reading "Why Hire a Real Truck Accident Attorney" »

There has been a spate of semi-truck accidents lately on Houston roadways and in the greater Houston area. Some have been fatality collisions and others less serious.
Just this morning before dawn reports suggest a woman was traveling at a high rate of speed in a minivan and failed to realize that a semi-truck was stopped at an intersection.

She rear-ended the rig and died as a result - even though she was wearing a seatbelt. Toxicology reports are pending on the woman who lost her life. The truck driver passed a blood alcohol test. My heart goes out to the family.

In yet another early morning semi-truck accident in nearby Fort Worth, the 18 wheeler overturned spilling fuel and knocking out power to nearby homes and businesses. The cause of the accident is unknown at this time as is the condition of the driver - although initial reports indicated he was trapped in the wreckage and when he was freed he was flown to a nearby hospital. In some cases the truck driver can pursue the motor carrier if the accident was caused by the truck they supplied or maintained.

Finally, in a third match-up of Texas 18 wheeler accidents this morning the driver of a pick-up truck lost control of his vehicle and crossed the median where he then sideswiped an 18-wheeler. He, too, was airlifted to a nearby hospital with serious injuries. No word on the condition of the semi driver but all indications are that he sustained only minor injuries.

Three tractor-trailer truck accidents in three hours is sobering news to say the least. The reader should remember that pre-dawn driving can be very dangerous because drivers tend to be drowsy and it is difficult to see the road and other drivers.

Continue reading "Recent Truck Accidents in Texas- Continued" »

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" »

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" »

According to a DOT study done in 2007, the leading cause of serious injury or wrongful death truck accidents is poor decision making by the truck driver.

One of the hardest things to do in the study was to actually define the "cause" of the truck accident.
Experienced Texas personal injury lawyers know that most semi truck wrecks usually involve several different factors that worked in combination to have caused the crash.

Over 120,000 people have been injure truck accidents and decision-making by a truck driver was a large factor in many of those accidents. Improper decisions included, driving too fast for conditions, misjudging speed or following too closely. The next most frequent issue was poor recognition, which included distracted or inattentive driving or failing to keep a close eye out.
The next most common reason was non- performance by the driver, which included things like falling asleep, a medical condition or physically impaired.
Finally, poor driving performance or driver error was listed as a factor in about 10 percent of the accidents studied. Other listed reasons are:

• Fatigue
• Inadequate lookout
• Driving too fast for conditions
• Over-the-counter drug use
• Under pressure from motor carrier
• Illegal maneuver and inattention.

Continue reading "Poor Decision Making Leading Cause of 18 Wheeler Accidents" »

I recently came across an excellent article aimed at semi truck drivers and safe driving habits - and am compelled to share its contents with the readers of this blog. If you know a semi truck driver then please pass on the following information.

First, the driver should take care of him or herself. Make sure you are well rested and in good physical health before taking on the awesome responsibility of moving a semi truck down the road.

Second, be sure the rig is in good working order. Have regular safety check ups for such things as the tires and brakes. An eighteen wheeler that runs well makes the roads safer for everyone. Following the Federal Motor Carrier Safety Regulations goes along way to preventing truck accidents.

Third, know what the weather conditions are going to be like - whether traveling down the road or across the country. Driving in inclement weather of any kind is a challenge in a semi truck so prepare ahead of time - perhaps even consider pulling over until conditions improve.

Always leave plenty of room between yourself and other drivers. If passing - check all mirrors and blind spots. Observe all rules of the road and drive defensively. The lives of semi truck drivers are equally at risk if they lose control of the vehicle or are in an accident.

Finally, wear a seat belt at all times. Many semi truck drivers feel they are invincible from their high vantage point - but statistics show this to be otherwise. Take your time, pay attention and drive defensively - for your own sake and that of the other drivers around you.

Continue reading "Truck Driving Safety Tips" »

One factor that is often overlooked by many lawyers attempting to handle truck accident cases is the condition of the brakes and the effect of that on the braking capacity of the 18-wheeler.

In some truck accident cases, particularly if there is no braking or if brake activity would not be relevant in determining what caused the accident then testing the brakes is not necessary.

In other cases, however, the condition of the brakes can have a huge impact on the outcome of a 18 wheeler accident lawsuit.

The reason that brake testing is so important is that both the truck driver and the trucking company have certain duties they owe as a matter of law with respect to the truck brakes. Additionally, maintenance companies may also owe a duty based upon their agreements with the trucking company or the work that they did on the big rig.

There are certain allowable limits and also acceptable parameters with respect to the truck brakes performance and deviations can be important in both evaluating the cause of the accident and in correctly placing responsibility.

It is critical that the Texas truck accident lawyer that you select be well-versed in not only the inner workings of a semi truck but also the parameters of acceptable braking and the ability to test the 18 wheelers brakes.

Texas leads the nation in fatal truck accidents. That statement is true for several reasons, the main one being the size of Texas and the number of 18 wheelers traveling on its highways.
Most truck accidents involve fairly serious injuries or wrongful death due to the sheer size of a tractor-trailer compared to a passenger car.

The most common reason for Texas truck accidents is the careless driving on the part of the professional truck driver. Big rigs take much longer to stop than a passenger car. If the brakes on an 18 wheeler or not adjusted properly it can further compound the stopping problem. Additionally, sometimes truckers push it trying to get an extra mileage for economic reasons. Driver fatigue and driver hour violations are also common causes of Texas truck wrecks.

The Federal Motor Carrier Safety Regulations specify the minimum level of safe performance of both trucking company and truck driver. It is these regulations that establish a duty on the part of the truck driver and trucking company. The State of Texas has adopted the federal regulations.

One factor that is critical in some truck accident cases is a prompt investigation of the accident. Trucking companies and their insurance carriers have quick response teams that get to the scene of an accident very quickly. Victims who do not retain experienced Texas truck accident lawyers are often disadvantaged from the very start of a truck accident case.

When selecting a Houston truck accident attorney look for a track record of success combined with the economic staying power to fight the large insurance company which will be defending the case. There is no substitute for experience in truck accident litigation.

A commercial truck driver driving a tanker truck carrying gasoline was killed when his rig flipped over on an overpass in Austin Texas. Police speculate that the driver may have been going too fast to make the curve safely.

The truck accident happened early Saturday morning and did substantial damage to the overpass. Officials estimate that the damage to the roadway was a half-million dollars.

Austin fire Department responded to the blaze and thought the truck fire with an estimated 20 trucks and 75 firefighters. Because the fuel fed fire was so intense the firefighters had to cool the structure of the run-up in order to keep the rent from potentially collapsing from heat.

The wreckage and damage to the overpass were substantial.

Truck fires are an ongoing problem for commercial rigs, tanker trucks are especially susceptible to roll over given the higher center of gravity and the heavy loads. In this case, the cargo was gasoline and led to the intense blaze. In other truck accident cases the gas tanks of the tractor provide the fuel for an intense truck fire.

Continue reading "Truck Driver Killed in Fire" »

The rising rate of truck accidents is indicating the negligent driving of truck drivers. Speeding trucks, rash driving and driver inattention are some of the common reasons behind the escalating rate of 18-wheeler accidents.

A recent tragic accident took place when where two persons reportedly got injured in the accident when a flatbed got detached from the 18-wheeler truck. The car in which two men were traveling was moving behind the truck when flatbed, which was loaded onto the truck, got detached and struck the car.

Investigation is still going on to find out the exact reason behind the accident. Under the Federal Motor Carrier Safety Regulations the truck company is responsible for the safe condition of the truck. Commercial trucks go through pre-trip and post-trip inspections to ensure safety of the driver of the vehicle and other people who travel on the road.

Certainly, someone was at fault for this accident or the trailer would have never detached.

Truck accident attorneys typically inspect the vehicle shortly after the accident to make a determination of the liability for an accident.

In serious injury or wrongful death cases most of the truck manufacturers came into the scene to defend themselves along with the maintenance companies of which truck company owners are clients. Though DOT is making hard and fast rules to curb the increasing 18-wheeler accidents, these mishaps seem to be getting out of control. Whatever may be the reason, it can be concluded that negligence is the root cause of such scenes.
This case was one of its kind, while there are many in which people and their families have to pay the prices of carelessness. A little attention while driving are preparing for the trip can save many lives everyday. All that one needs to do is to follow the necessary truck safety measures.

Continue reading "Trailer Detaches and Leaves Two Injured" »

Interstate 35 S. was closed today when a big rig had a blowout and caught fire in the resulting wreck. Firefighters battled the flames and officers had to close both North and South bound lanes while the firefighters worked.

According to reports, a witness on the scene indicated someone had information a tire had blown out and saw the truck swerve and strike the median. Another car was also involved in the truck accident and was caught between the semi-and the median wall.

Other reports have additional cars involved in accidents probably stemming from the roadway being closed.

This is the second similar incident in the last few weeks involving a semi truck having a blowout and catching fire. The tractor-trailers have gas tanks which are outside the frame and susceptible to impact and puncturing from medians.

The investigation is ongoing in this recent truck accident. Likely the investigators will be looking at the tire of the tractor-trailer to determine what caused a blowout and set the truck wreck in motion.

Continue reading "I 35 Closed After 18 Wheeler Crashes and Burns " »

There is no question that defective vehicle equipment plays a role in semi truck accidents. The question is - to what extent? And what are the most likely culprits in accidents? Let us look at the findings of recent studies for answers to these questions and more.

According to one study conducted in 2009, "post-crash inspections of the trucks indicated that almost 55 percent had at least one mechanical violation, and almost 30 percent had at least one out-of-service condition.

Of all equipment violations, violations in the brake (36 percent) and lighting (19 percent) systems were the most frequent. A truck with an out-of-service brake condition was 1.8 times more likely to be the vehicle that precipitated the crash.

In rear-end and crossing-paths crashes, brake violations significantly increased the likelihood that the truck was the striking vehicle" (Blower & Green 2009).

Other studies found that approximately 56% of semi truck accidents happen because of faulty brakes and another 21% can be traced to steering equipment problems.

If you have been the victim of a truck accident that can be traced to faulty equipment you have the recourse to recoup damages from the manufacturer, the company that installed the equipment and/ or the company that sold the piece of equipment. As always we suggest you consult a reputable Texas 18-wheeler accident lawyer.

Continue reading "Defective Truck Equipment Statistics" »