Texas Truck Wreck Attorney Blog

There are a number of federal organizations charged with the responsibility of oversight of the trucking industry in general. As an 18 wheeler accident attorney I follow regulation of truck driver closely. To that end, the DOT reviews current regulations and research related to safety (among other things) and then sets out to revise them in a manner that affords greater protection to unsuspecting drivers on American highways. Some of the expectations for regulations that will go into effect this year (and into 2013) are as follows:

*Cell phone restrictions are now in place for bus and truck drivers. It states that drivers may not use hands-free mobile devices when they are behind the wheel and motoring. The regulation is very specific with regard to the actual behavior of the driver and the use of phones - stating that drivers may not reach for, dial or hold a phone while in the act of driving. There are increasingly stiff penalties for drivers and their respective companies if they are found guilty.

*A second pending rule calls for a national database of driver drug and alcohol test results.

*Yet another type of national registry under consideration is one in which physicians - sensitive to the specific work-related needs and ailments of those who work in the trucking industry - sign on to a list that can be accessed by persons of interest.

Make no mistake, there are interests out there that oppose any further restrictions or regulation of truck drivers or others out of financial interest or an ideological belief. When an 80,000 pound missile travels our communities at highway speeds regulation is not only necessary it is almost criminal to argue otherwise.

Continue reading "Regulation of Truck Drivers In Texas" »

Among other things, the National Highway Transportation Safety Administration has many responsibilities including such things as collecting data on all things transportation related. One topic that they track is speed limit information for each state in the country.

Let us consider Texas speed limit laws and consequences of their violation in this blog.

According to the latest Texas statutes the following speed limits are enforced across the state:

*80 mph in daytime on part of Interstate Highway 10 or Interstate Highway 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward Counties

*75 mph during the daytime in counties with a population density of less than 15 persons per square mile

*70 mph during the daytime on "numbered" highways and farm/ranch-to-market roads outside an urban district

*65 mph during the nighttime on "numbered" highways and farm/ranch-to-market roads outside an urban district

*60 mph during the daytime on highways that are not "numbered" and that are outside of an urban district

*55 mph during the nighttime on highways that are not "numbered" and that are outside of an urban district

*30 mph in an urban district; 15 mph in an alley

*15 mph on a beach or 15 mph on a road adjacent to a public beach

It is important to take note of the speed limit expectations on the various roadways in Texas and across the country. Pay attention to posted speed limits and also your vehicles speed. Excess speed plays a role in a large number of personal injury and wrongful death lawsuits.

When you cross state lines take the time to familiarize yourself with each state's driving laws - it could save you a lot of trouble later in life.

Continue reading "Texas Speed Limit Laws" »

Most of us have an ongoing 'To Do' list that usually doesn't get done but sees new items added to it on a regular basis. There are some items on mine that date back three years. I thought for today's entry I would offer my readers a 'Not To Do' list to keep in mind when they are driving.

*Do Not drive a vehicle that is experiencing malfunctions of any kind. If vehicle warning lights come on - Do Not ignore them. If tires look low - Do Not keep driving on them. If your engine is knocking Do Not turn up the radio and pretend that you don't hear it. Vehicles that are in need of repair are a safety hazard to everyone on the road - not just you.

*Do Not ignore recognized safe driving behaviors. You know that it's not a good idea to speed or tailgate so Do Not take chances. Do Not drive aggressively or engage another driver in a manner that will cause an incidence of road rage.

*Do Not drink and drive and Do Not take any type of prescription or illegal drug and drive. Also, Do Not text and drive or otherwise motor in a distracted manner.

*Finally, Do Not allow your insurance to lapse or tickets to expire. An uninsured, unlicensed driver costs Americans millions of dollars each year. An annual talk with your insurance agent checking coverage and prices is always a good idea.

Continue reading "Not To Do Lists- To Avoid Accidents" »

I tend to be more concerned about safety when bad weather sets in. Today I will focus solely on those items every driver should have in the trunk of their car - that would prove valuable in case of an emergency.

1. Reflectors and/or flashers. Today's drivers can purchase triangle reflectors and even LED Beacon lights that will warn approaching traffic that your car is disabled.

2. Blankets for warmth if you find your car disabled in cold weather and no help immediately within sight. Other outerwear is also advisable including gloves, hats and even boots. Most winter clothing now comes with a thin but effective lining of insulation that further protects the user from dangerously cold weather.

3. A first aid kit is a must - but I would additionally advise drivers to invest the short amount of time it takes to pass a first aid course. A kit is not much help if you are unable to provide life-saving assistance in an emergency.

4. Keep a supply of food that will not 'go bad' such as dried fruits and granola bars as well as a two day supply of water handy. If for some reason it gets used - replenish it. This is more critical in less populated areas than in big cities.

5. Invest in a mini-compressor to combat low tires, a car jump-starting system if your battery dies, and assorted tools, ropes and bungee cords. In worst case scenarios these items can be literal lifesavers - for yourself or someone else.

Continue reading "Safety Equipment for Passenger Vehicles" »

Speaking of federal agencies responsible for transportation safety - the Department of Transportation has an entire section devoted to semi-truck and trucking company safety and related information.

For instance, there is a site that lists the contact information for every transportation department in the country - including addresses, phone numbers, faxes and emails. Their website urls are also available - and I encourage readers to take a moment and visit the homepage of our state. You'll find the time you spend on it to be informative and interesting.

There are other links concerning truck driving as well. You can learn more about the hours of service and other requirements involved in being a semi-truck driver or operating a truck driving service. There's a section for truck drivers as well - updating them on such things as the need to secure a Department of Transportation number and drug and alcohol testing rules.

There's even information on how to file a complaint - online - against a trucking company (and any other transportation security concerns you may have). If you're interested you can learn more about how hazardous materials are moved across the country and the safety precautions taken to guard against endangering the public or otherwise exposing them.

Finally, each state provides updates on traffic and road closures. This is meant to help the average driver navigate around long traffic delays and road construction.

My suggestion is add www.dot.gov to your favorites. It's definitely worth an occasional perusal if you are interested in the trucking business.

Continue reading "Semi Truck Accident Safety and the DOT" »

Another illustrious government agency is the U.S. Department of Transportation. Although their purview includes all types of transportation - land, sea and air - they perform a variety of valuable services and provide a wealth of information to the American public. One of their current campaigns is to call attention to the dangers of distracted driving but there are a number of other relevant concerns currently posted on the site as well.

For instance, if you would like to know more about vehicle safety, drug and alcohol testing, airline security and the TSA, anything related to the trucking industry, the future of high speed rail in this country and access to state department of transportation satellites - then you would find this information at www.dot.gov.

In addition, the issue of green energy and transportation is also addressed on the website - and if you are the type of person who likes to keep track of where your tax dollars are going then you may access the extensive budgetary, performance and accountability material provided in a separate comprehensive presentation.

Finally, the website offers separate listings of services they provide to citizens, businesses and government agencies. Individuals can access extensive libraries and research, consumer and recreational information, the detailed provisions and expectations to apply for transportation related grants and loans - and other consumer related instruction.

As with the NHTSA site - I urge readers to take the time to review this website

Continue reading "The Department of Transportation Website" »

One of the most valuable government organizations is the National Highway Traffic Safety Administration. I stay abreast of current research related to all things 'driving' and particularly things related to accident prevention and safety.

What follows are a few of the most recent findings and cautions from this group as shown on the NHTSA web site.

*If you have children then you can register your car seat on the NHTSA website. If the car seat becomes subject to a recall for any reason - you will be notified with all relevant information.

*In light of the recent increase in gasoline at stations around the country - the NHTSA has created a lengthy list of suggestions to help save on fuel economy and get the most out of your fuel dollars.

*The NHTSA website provides a lengthy discourse on the results of the most recent crash studies - and names the safest vehicles in all categories.

*There are special sections devoted to the various driving hazards mentioned on a regular basis in this blog - including senior and teen driving, impaired and distracted driving as well as the most recent safety devices that come standard in new vehicles.

Their findings tend to be academic and unbiased - trustworthy.

Finally, they offer the user access to an image library, budget, regional offices and organizational chart. The site is easy to navigate - and may be one of the most educational uses of your time. Click to view the NHTSA site.

Continue reading " National Highway Traffic Safety Administration Website" »

There are a number of interesting things going on in the world of cars and trucks. For the purposes of this blog we will simply offer a recap of what's relevant and interesting.

No doubt higher gas prices are here to stay. 'They've' been threatening it for years and all of the signs have aligned to allow for what can pass as legitimate excuses to raise the prices at the pump. After all, there's unrest across all of the Middle East and besides, the economy has held in inflation for as long as possible so look out.

Therefore, if there ever was a time to consider buying a vehicle that gets good gas mileage there's no time like the present and according to one news source there are a variety of quality vehicles that offer the consumer up to 40 miles to a gallon - and all for a fair cost. If you're in the market for a new vehicle give this some serious consideration.

Other 'oil' news? Well, two things of note - in some remote areas of Alaska gasoline is supposedly ten dollars a gallon and there is talk that our US leaders will consider dipping into our own oil reserves to help temper the rising costs of oil. They do that mainly when they feel the price of oil is artificially high and they can later replace the oil at a lower cost. In other words in speculation driven markets.

Now, one more story of interest. Our current president predicted a revolution in the automobile industry - suggesting that there might be up to a million electric vehicles on the road within the next few years.

It appears this declaration will fall far short - but it is helpful to recognize that presidents for the last 25 years have all denounced our "addiction to oil" but none have done anything meaningful to move us in a new direction.

Continue reading "The US Addiction to Oil" »

Sometimes circumstances propel change - and nowhere is this becoming more apparent than in the automobile industry. While Americans have toyed with the idea of transitioning from gasoline powered vehicles to electric - or some type of a more environmentally friendly engine (versus the carbon killing gasoline and diesel fueled ones) - I would suspect that this may now happen at warp speed thanks to the unrest in the Middle East that jeopardizes our addiction to the ability to access a steady and never-ending flow of oil at a reasonable cost.

Well, even as the automobile companies are touting the advantages of this new technology - studies have demonstrated that electric cars are not without their problems. Several of the more significant challenges these futuristic vehicles present are the lack of 'fueling' stations to support the vehicle on long trips while, conversely, their inability to travel long distances on a single charge.

Too, cold weather has been found to impact the drivability and even comfort of the electric car. Finally, they are very pricey for a vehicle that falls in the 'small car' category. Several have back-up gasoline engines, others are hybrid and one or two are totally electric.

Finally - and this one seems like the 'elephant in the room' - the vehicle has to be plugged in to be charged - which people will need to do at home (and charging times can run up to 8 hours). How will this affect home electric bills then? So if you are paying less for gasoline and more for electric will there be a savings in anyway? I guess we'll all need to stay tuned. Possibly natural gas will be used like in other areas of the world.

We will see when America finally gets tired of pollution and high prices and makes the change.

Continue reading "Alternative Power for Cars and Trucks" »

Sorting out the legalities - that will certainly result from the derailment and subsequent explosion of volatile chemicals which were spilled and then exploded in a north Ohio town- may extend well into the future.

In the early morning hours several days previous reports indicate 18 rail cars left the tracks and over three hundred thousand gallons of a volatile chemical (ethanol?) were released. The explosion and fire were so intense that responders could not get within a mile of the flames - which shot several hundred miles in the air.

Families were evacuated - and are just now returning. The Environmental Protection Agency has stepped in to determine whether or not there will be long term contamination of the ground, groundwater, waterways and air.

Unfortunately, all too often, authentic and long term negative effects of chemical spills echo far into the future and the damage it does may not manifest itself for years.
Chemical spills across this country are on the increase in part because there are more and more chemicals that are being transported in trucks and by trains.

Americans rarely give it a thought until a catastrophic event involving chemicals impinges on their lives. At that point it's often too late to do anything more than react by removing yourself and your family from the situation.

But that too, is usually temporary - and a return to the site of the original event could have long-term ramifications on your health and that of your family.

In an era of "anti governmental regulations" some folks tend to forget that every day, regulations protect your family and the community in which you live.

Continue reading "Chemical Spills" »

The history of the trucking industry is long...and short. I will not bore you with its humble beginnings that date back to the 1700s or go on and on about how it flourished in World Wars I and II.
No - let's begin this little history less in 1980 when the trucking industry - like everything that Ronald Reagan touched morphed due to deregulation. Before 1980 there were perhaps 17,000 truckers across the country but within a decade this figure had more than doubled. In addition, the number of carriers exploded from only 100 in 1980 to 5000 by 1990 - a growth of five hundred percent in a single decade.

So what did deregulation actually mean for the trucking industry? Simply - it opened up competition and got the government out of the day to day operations.

It allowed for greater competition and the trucking industry as a whole flourished.
However, now the pendulum has swung the other way. The almost laissez faire attitude of the government created an anything goes environment in the trucking industry - and it showed. Injury and fatality accidents increased and the number of trucking companies that sat in the defendant's seat during court cases skyrocketed. There was a total lack of accountability.

The hands-off attitude is being replaced with greater oversight in recent years and the state and federal safety expectations have put trucking companies on notice - meanwhile the rest of US are one notice to drive defensively around big rigs.

Continue reading "History of Trucking" »

All the while that I am applauding our federal government for passing legislation to tighten the safety requirements of the business of transporting goods across the country with semi trucks - the trucking industry is working at cross purposes to prevent these new laws from actually coming to fruition.

A recent safety analysis begun by the Federal Motor Carriers Safety Administration was intended to impose more stringent measures to evaluate the safety performances of the individual commercial trucking companies and their drivers.

Their purpose is two-fold - first they want to gather the information and make it available to the public and, too, they want to pressure trucking companies to improve their safety standards. The trucking industry is not happy about this.

In fact, they are so unhappy they have filed a lawsuit to impose an immediate stay of the standards. They do not want the safety data released for fear it could be used against them in potential lawsuits.

In addition, the harsher standards would paint many trucking companies as deficient - when they are currently rated much higher.

Please pardon this very immature reaction on my part - but this is typical. IF it was their child, their mom or dad, their aunt, uncle or friend that was killed in a truck accident because either the company or the driver had behaved negligently - then I'm sure they'd be 'singing a different tune'.

Unfortunately, it is because the industry shows a tendency to cut corners and put the safety of other drivers on the road LAST that there even needs to be regulations.

Call your congressman and other representatives. Insist these regulations go forward

Continue reading "Trucking Industry Wants to Block Safety Information" »

In a 1997 NHTSA study, older people made up 9 percent of the population but accounted for 14 percent of all traffic fatalities and 17 percent of all pedestrian fatalities. NHTSA's "Traffic Safety Facts 1997: Older Population" (DOT HS 808 769) reports that:

In 1997, more than 24 million people in the United States were over 70 years of age.
Representing 9 percent of the population in 1997, the 70-and-older age group grew 2.1 times faster from 1987 to 1997 than the total population.

In 1986 older drivers were 7 percent of licensed drivers; in 1996 they were 19 percent of licensed drivers. Clearly our driving population is getting older as "baby boomers" age.
Of traffic fatalities involving older drivers, 82 percent happened in the daytime, 71 percent occurred on weekdays, and 75 percent involved a second vehicle.

When a crash involved an older driver and a younger driver, the older driver was 3 times as likely as the younger driver to be the one struck. Moreover, 28 percent of crash-involved older drivers were turning left when they were struck-- 7 times more often than younger drivers were struck while making left turns.

Frankly my response to this information is a resounding -Wow, who knew? Granted the statistics may be somewhat dated - but they beg the question - is there an age that is too old to drive? It is a very tough question.

Continue reading "Age As a Driving Factor!" »

The percentage of semi truck accidents as a part of the statistics on injury and wrongful death accidents in the United States as a whole is relatively small in comparison.

The figures fall somewhere below ten percent and have come in at eight percent or less on occasion over the years. Now if you or a friend or loved one has been involved in a semi truck accident then that number looms large in your life - but overall, with millions of drivers taking to the road each day in a number of states of 'disrepair' (so to speak) one can breathe a heavy sigh of relief that there are not more crack-ups with semi trucks than what actually occur.

My advice to drivers who wish to avoid a property or personal injury accident with a semi truck is to adhere to the following bits of advice.

First, drive defensively - day and night. If you are following the rules of the road you have a better chance of reaching your destination safely. That means don't tailgate (especially semi trucks because the rule of the road is if you can't see the driver then he can't see you) or speed.

If you are passing a semi truck do not linger at its side but move quickly around it and then give yourself plenty of room before pulling back in front of it. Too, always be on guard for erratic driving in semi trucks. If you see one that does not seem to be following strict driving guidelines then notify your state highway patrol by either dialing 911 or a number seen posted on the sides of most highways. But please pull of the roadway in a safe place to make that call.

Continue reading "Drive Defensively to Avoid Truck Accidents" »

It seems there are no limits to either the rate or amount that auto insurance premiums can and will rise especially in Texas.

However, my research has uncovered several timely suggestions for keeping your insurance rates in check. Consider the following options.

Do not purchase a new car every year. Older models require less insurance coverage. This is especially true if you are putting your teenager in a car for the first time. I have yet to meet the young adult who does not get themselves in a scrape or two while on their way to adult driving.

Nicks and dents in new automobiles can be very costly whereas the same problem with an older car can be written off as new driver experience.

Buy family plans - and shop around for the best prices. If you have been getting your auto insurance from the same representative over the past several years then they should be willing to offer you and your family a great deal. Most insurance companies now bundle several types of insurance together which additionally lowers costs - and every insurance company has a gimmick to keep you. Find out what they are and insist the company offer you only the best deal out there.

Shop your rates with different carriers every year- you may be shocked at the savings.

Finally, try to follow all traffic laws. The fewer traffic violations you or your family members accumulate - the less your insurance will cost you on an annual basis. Safe driving is truly a money saver...and in today's economy we all know that every penny helps keep the family going - literally!

Continue reading "Tips to Lower Your Car Insurance Rates" »