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?" »

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?" »

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" »

A man charged with reckless endangerment for letting a 15-year-old drive a big rig.

Police indicate that a man was charged for letting an unlicensed 15-year-old boy drive a tractor-trailer. Sheriff's deputies responded to an accident and discovered that the teenage boy had been driving the 18-wheeler.

The young man was apparently traveling too fast when making a turn and it resulted in the truck turning over.

According to police, the man who let the teenage boy drive the truck new that the boy was not licensed to drive and have charged him with endangering the welfare of a child.

In some parts of the country particularly in the farm belt, young men and women learn early how to operate tractors and trucks on the family farm. Times have changed but the underlying fact is that regardless of the age of the driver, no one should operate a truck or car or other machine until they are properly prepared to safely operate it.

Continue reading "15 year old wrecks big rig" »

Scherz was named the best place in Texas to live with a population of 50,000 or less. So? Each year a town the size of Scherz is wiped off the map. How? Annually, 50,000 people are killed in traffic accidents on American highways. That translates to three human beings dying in car crashes each day per state. Does that help you visualize the extent of the slaughter on our roads?

Statistics related to semi truck accidents are equally as alarming and need continued review. On Houston highways one person a day is killed in a semi truck accident. This is the result of a collision between a 40,000 ton and a 2 ton vehicle. Hardly seems like a fair match-up, eh?

Perhaps it is the euphemisms for death that keep us from realizing that mass slaughter is occurring on our roadway - fatality, disaster, accident do not conjure up the finality of death like the word 'murder' might.

Worst of all is the fact that as Americans we accept it with the casualness of flipping channels on the television. That is until it happens to one of our own.

What can be done short of making vehicles out of foam or wrapping ourselves in safety cages inside cars and trucks? With a trillion vehicles on the roads each day it seems obvious that something NEEDS to be done.

Many from different political backgrounds argue about "government takeover of industry", when what they are really discussing is effective REGULATION of industry.

Given the size and mass of 18-wheelers, effective regulation is critical and can be aided by technology and better directives from those in charge of the appropriate entity.

Continue reading "It will not happen to me!" »

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? " »

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 on the website provided at the end of this entry.

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 below and drive safely out there!

http://www.roadtripamerica.com/forum/content.php?6-Defensive-Driving-Tips

Continue reading "Top ten rules for driving safety! " »

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!" »

Do you buckle up? Every time? Recent studies show that seatbelt use has a significant impact on injury potential from automobile accidents.

NHTSA reports that seatbelt use in 2008 was at an all time high of 83 percent and correspondently, the percentage of fatalities from car accidents have declined since 2000.

Much of the increased use of seatbelts is attributed to individual State laws which require seatbelt use (such as Texas), and also the success of the "click it or ticket" advertizing campaign.

In a Texas auto accident lawsuit the nonuse of a seatbelt is an issue in the litigation and the judge or jury may attribute fault for the injury to the injured automobile accident victim who did nothing wrong in the car wreck but just was not wearing his or her seatbelt.

If the judge or jury attributes some percentage of the injury for not wearing a seatbelt, that finding will reduce the money award to the victim. If over 50 percent of the injury is attributed to not wearing of a seatbelt, the victim will not recover money from the car accident lawsuit, even when the person was not a fault for causing the car accident.

In Texas, it against the law not to buckle up, and studies show seatbelts do reduce injury potential and the risk of death in automobile accidents. Not only can a seat belt reduce the risk of injury, but failure to wear a belt can adversely affect a personal injury case as well.

Continue reading "Seatbelts really do prevent injury in car accidents" »

An 18 wheeler ran off the road, taking out a guardrail and overturning spilling diesel fuel and requiring a haz mat team help with cleanup. The truck driver fell asleep at the wheel and caused the wreck.

While firefighters were able to clean up the fuel spill, at least 3 other car accidents were attributed to wreckage from the 18 wheeler.

Part of Interstate 10 was closed for 12 hours as a result of the truck wreck.

The Federal Motor Carrier Safety Regulations have very specific limitations in which a commercial driver can be on duty or driving a tractor- trailer. The hours of service rules provide a truck driver may drive a maximum of 11 hours after having at least 10 hours off duty. Further, a commercial driver subject to the FMCSR may not driver past the 14th hour after coming on duty, following 10 hours off duty.

The trucker driving limitation rules were enacted to protect the public from fatigued or inattentive truck drivers who have been on the job or behind the wheel to long to be effective driving safely.

Texas has adopted the Federal Motor Carrier Safety Regulations and a violation of such is often a sliver bullet in a wrongful death case or a Texas truck accident injury lawsuit.

Continue reading "18 wheeler causes wrecks on Interstate 10 near Victoria, Texas" »

Slick streets contributed to numerous automobile accidents last night with Nacogdoches police responding to 23 accidents and Lufkin officers at the scene of 11 wrecks.

While we Texans (particularly those of us in south and east Texas) are not used to driving on snow- a few safety tips from Washington State Department of Transportation provide guidance for driving on ice or snow to avoid automobile accidents.
• Drive with your headlights on.
• Don't get overconfident with four-wheel drive. It won't help you stop any faster.
• Winter road conditions often result in longer stopping distances. Give yourself room. If you have anti-lock brakes, press the pedal down firmly and hold it. If you don't have anti-lock brakes, gently pump the pedal.
• Slow down when approaching intersections, off-ramps, bridges or shady spots. These all have potential to develop black ice.
• Avoid abrupt actions while steering, braking or accelerating to lessen your chance of losing control.
• Look farther ahead in traffic. Actions by other drivers will alert you to problems and give you extra reaction time.
• Trucks take longer to stop. Don't cut in front of them.
• Avoid using cruise control or overdrive. Don't let your car make a bad decision for you.
While snow is more often a novelty for many Texans, please remember extra caution is needed when travelling on snow or ice.