Texas Truck Wreck Attorney Blog

Recent semi truck accidents across the country show that fault is evenly divided between the truck drivers themselves and drivers of the other vehicles involved in the wreck.

For instance, in Tampa a speeding driver drove straight into and under the back wheels of a semi truck. The semi truck driver was uninjured but the other motorist was airlifted in critical condition to a nearby hospital.

In another case in Indiana multiple calls were made to the State Highway Patrol concerning a semi truck that had been driving recklessly for over ten miles. The semi crashed - destroying its goods - by the time the time patrolmen caught up with the driver. He was cited for reckless driving.

And...just last week two reported semi truck accidents resulted in multiple death on Chicago roadways on the same day and only several hours apart.

Serious semi truck accidents usually result in litigation. The Texas truck accident attorneys in this firm bring (25) years of 18 wheeler accident experience to the courtroom on behalf of victims families and truck accident survivors.

We have an expertise in the most recent trucking regulations and laws and the applicability of it to truck accident litigation.

In addition, we have developed a wide network of experts in such concerns that include (but are not limited to) intoxicated driving, driver fatigue, and trucking business and driver negligence, speeding and vehicle defects.

Sadly, semi truck accidents do not seem to be a phenomenon that will be disappearing anytime soon. Therefore, sometimes the only comfort afforded to victims is through the civil justice system.

Semi truck brake systems are a complex system of several separate stopping units. These include the service brakes, which work by applying pressure to the brake pedal either through air pressure or by hydraulic pressure.

Semi trucks have separate parking brakes, which must be used only during parking and are operated by a series of heavy-duty springs. A third type of brake is the emergency braking system, which actually relies on a combination of parts from both the service brake and parking brake systems. In addition, each of the braking systems comes with its own nuances.

Air brakes are self explanatory. When attempting to stop the braking system uses pressurized air to activate the braking mechanism - pushing pressurized air against the lining of the drum and disc when the driver steps on the brake pedal.

Since 1998 semi trucks also come with anti-locking brake systems which keeps the wheels from locking up and causing the driver to lose control of the vehicle.

Spring brakes are used as parking brakes - and are actually the reverse of air brakes. Spring brakes are set when there is a lack of air pressure. The emergency brake system is a bit more complicated in its set up and use.

If semi truck air brakes lose air pressure then the emergency brake system allows the spring brake to engage as a means of stopping the vehicle. A driver is able to use these brakes manually in the event of total brake failure in the semi. These sophisticated braking systems should offer a modicum of comfort to other drivers on the road.

Continue reading "Semi Truck Brake Systems" »

Trucking companies have an obligation to the driving public at large to ensure the competency and legality of the drivers they employ. A number of state and federal regulations exist to support this contention.

This means that trucking companies must do criminal and civil background checks on prospective employees and many do drug tests as well. The employer must do a review of the employee's past three years of work history, and determine the cause of any suspension or revocation of driver's license uncovered in their investigation.

In addition, they must administer a road test and certify that the driver is physically fit to perform the duties of the job. The goal is to determine if the drivers have had previous accidents, and/or drug or other convictions which may indicate that they pose a danger to the public.

If you are involved in an accident involving a truck the attorney who handles the case will check into the background of both the trucking company and driver to decide if any procedures or policies were circumvented to allow the driver to get behind the wheel of his rig unlawfully.

More than one lawsuit has resulted in victory for the victims because of a trucking company's negligence. Often the funds go to cover catastrophic injuries and crushing medical bills.

Property damages are also a concern in a semi truck accident because the victim's vehicle may be beyond repair and must be fully replaced. Unfortunately, no amount of compensation can erase the memory or tragic results of an accident. The more trucking companies and drivers are held to their responsibilities - the safer we'll all be.

The wrongful death of a loved one from an automobile or an 18-wheeler accident can be particularly debilitating to the families for several reasons.

First, some truck accidents are particularly heinous and it is very difficult to prevent family members from envisioning and carrying memories of a loved one's final moments when the accident was so bad.

In addition, the immediacy of a truck accident fatality can place a family in immediate financial pressure as well. This may be because of the loss of income from the family breadwinner or the need to cover costly funeral expenses and the uncertainly of finding a way forward.

It is recommended that those who have experienced the wrongful death of a family member turn to a support system that includes family and friends but seek professional counseling as needed to help cope with the feelings as well.

There is a well-documented grief process that counselors have been trained to monitor and help you deal with. Professionals are also trained in recognizing and treating signs of long-term depression and even potentially thoughts of suicide that may appear as victims go through the stages of grief.

These include shock and denial, pain and guilt, anger and bargaining, depression (reflection and loneliness), an upward turn, reconstruction and working through, and, finally, acceptance and hope.
In the first, people often deny the reality of the loss of their loved one. Shock may further insulate their emotions. The stage may last for weeks.

Shock is replaced with excruciating emotional pain and one is often wracked with guilt, remorse and helplessness.
Anger and bargaining follow. This is a particularly dangerous stage because one may place blame on another loved one causing irreparable damage.

With proper support the sufferer can come out on the other side of depression to acceptance and renewed hope and focus on a way forward for themselves and the family.

The death of a loved one will remain with you always but it important to grieve and find a way forward through it for the sake of those who care about you. If your loss was caused by the negligence of another seek the help of a wrongful death lawyer for civil justice.

Trucking industry analysis by examining related financial statistics.

Total revenue estimates produced by the trucking industry are 255.5 billion a year. Of this figure 'for hire' or 'common carriers trucking' companies generated revenue estimated at 97.9 billion. They outdid air transportation by 18 billion.

Private fleets generated revenue estimated at 121 billion. Their operating ratio is 95.2, which means for every dollar in revenue the trucking company has a cost of 95.2 cents leaving them with a meager profit of only 4.8 cents.

The employee driver makes about 30.3 cents per mile with an income estimate of 32-50k.

It costs about 41.73 cents per mile to operate a semi or $83.68 per hour according to reliable estimates.

18-wheelers consume over 50 billion gallons of fuel for business each year.

These stats further confirm the contention that the trucking industry is completely entwined in the American economy and I offer that were it to falter or meet its demise would be to strike a catastrophic blow. For the time being semis and other big trucks will be around into the near future.

However, while I attempt with each blog to inform the reader about a topic related to the act of driving I will take a moment to opine. Our firm is deeply entrenched in all things truck accident related and it is our unfortunate lot to see the results of 18-wheeler collisions up close and personal. Semis account for anywhere from 9% to 12% of traffic deaths annually across the country.

These scenes and their aftermath are heart wrenching and haunting. But it will not prevent truckers from hitting the road so what must be done is to continue our quest to prevent accidents instead.

Continue reading "Trucking Industry Vital for US" »

Almost every type of product in this country has spent some time on a 18-wheeler before reaching its final destination as a product on American shelves. OTR or long haulers are usually able to make their own schedules.

They are often responsible for loading and unloading their cargo, keeping accurate logs or account of their activities and ensuring their equipment is in safe and good working condition. Reports indicate the average truck driver makes anywhere from $35,000 to $50,000 a year minus traveling expenses and insurance.

The government mandates maximum driving hours and rest periods between shifts. This is to help ensure the public's safety so that drivers don't push themselves to work when they are drowsy or tired.

However, this limits the amount of money a driver can make and husband and wife driving teams are more common as a way to compensate for the limitations. Too, companies may employ two drivers to spot each other as another way to minimize the downtime.

Interestingly enough, although the country itself has been in an economic downturn over the last couple years - the trucking industry has been all but immune to it. However, truck drivers pay (like a lot of us) has not kept pace with the higher costs of living, which results in truckers wanting to drive more miles to just keep up.

Overall job opportunities for the trucking industry are favorable -especially for long haulers. Employment of truck drivers and driver/sales workers is expected to grow 9 percent over the 2008-18 decade, which is about as fast as the average for all occupations.

As the economy grows, the demand for goods will increase, which will lead to more job opportunities. Because it is such a large occupation, 291,900 new jobs will be created over the 2008-18 period.

Finally, the number of heavy and tractor-trailer truck drivers is expected to grow 13 percent between 2008 and 2018.

Lets hope that as part of that growth trucking companies add competent safety personnel to keep the drivers and the equipment up to par.

Continue reading "Trucking Poised for Growth" »

There are many wants to pick a good 18 wheeler accident lawyer to help with a serious injury or wrongful death claim. The best is a referral from a prior client who was satisfied with the law firm and can personally vouch for the attorney.

Former clients will be in a very good position to analyze the performance and professionalism of the lawyer. However, be wary of contact with an offer of referral incited by others and value referrals you asked for from friends.

Another method of choosing a good semi truck accident attorney is to research their past results and successes. Sometimes pointed and candid questions of the injury attorney are a good way to determine if this is the right attorney for you.

The best Houston 18 wheeler accident lawyers will not make any guarantee of what your case is worth or even venture a value until they have all the medical records and facts.

If the lawyer you are considering is talking about astronomical numbers, ask yourself does this person look and act like they handle multimillion dollar cases every day. If not, it's probably not going to end up being a good fit for you.

Look for a personal injury attorney with a track record of success who is candid with you and one that you can trust to represent you and your interests.

The litigation process is often like a long trip and it's best that you share the ride with a person whom you are comfortable with and trust his or her judgment.

The Baumgartner law firm is pleased to announce the settlement of a substantial truck accident case. Our client was severely injured when struck by a commercial truck in a chain reaction accident with his automobile.

Unfortunately, our client required surgery to deal with his back injury from the truck accident. The recovery process was slow and painful.

After much negotiation, the insurance carrier for the trucking company settled the case for a substantial figure, but required the amount to remain confidential.

The Baumgartner law firm is happy to have successfully concluded another Texas truck accident case to the satisfaction of our client.

Four people were injured and three people died in a multiple car pileup on Interstate 20 in Texas. A Toyota 4 Runner caught fire and burst into flames when hit from the rear and was the vehicle that the wrongful death victims occupied according to reports.

A Texas Department of public safety officer reported that the SUV was hit from behind by an 18-wheeler, pushed into another car and then struck another big rig. Occupants of the second vehicle were listed as those injured in the truck accident. At least one of the survivors was listed in critical condition.

Witnesses reported seeing the Toyota 4 Runner burst into flames at impact. Frequently, the truck accident lawyer will look into the manufacture of a vehicle that burst into flames.

This terrible accident is an example of the devastation that a 20,000-pound vehicle can cause at highway speeds.

DPS is investigating this Texas truck accident and no preliminary opinions are currently available.

Continue reading "Texas truck accident leaves three dead others injured" »

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 " »

Semi-truck accidents in Texas are all too common. Some estimates place the number of big rigs on Texas roads at 3 million annually.

This is the equivalent of 570,000 railway cars and with numbers this high there are definite consequences. Certainly this includes wear and tear on the infrastructure but more importantly our concern is the human impact.

For example, only a week ago a near fatal injury accident occurred near Houston on interstate 75 between a semi-truck and several passenger vehicles. It was a clear day and for all practical purposes the following scenario should not have taken place.

Due to heavy rush hour traffic a small bottleneck appeared on the highway causing drivers to slow. The semi-driver claims he did not see or realize that the automobiles in front of him were decelerating until he was nearly upon them and it was too late.

According to eyewitness reports the semi-truck was traveling northbound when it smashed into two vehicles before swerving across the median and into the southbound lanes of I-75 where it came to rest in front of a rest stop.

One passenger was airlifted to a nearby medical facility and over a hundred gallons of fuel spilled onto the roadway and surrounding area. The passenger cars were a complete loss.

Frankly, it is a miracle there was not greater loss of life and property damage in this case. It is certainly easy to realize that the potential for a greater catastrophe was averted.

It's times like these, though, that one can see the necessity for real truck accident attorneys who know trucking regulations and are trained to litigate the unique circumstances of a semi-truck accident.

Continue reading "Semi-truck accidents are frequent in Texas" »