Texas Truck Wreck Attorney Blog

The ban on 'texting and driving' by commercial drivers of any type - semi-truck drivers, bus drivers and others - has been in effect for nearly two years. Violators can be fined up to $2750.

This decision was made in light of statistics that show a semi-truck can travel the length (and then some) of a football field in the short 5 seconds it takes for a driver to look away from the road (at a conservative 55 m.p.h.) - and that can and has had disastrous results over and over in the last decade.

Certainly drivers all across the country applaud the efforts of the United States Department of Transportation to keep our roadways safer.

One study conducted at Virginia Tech University recently revealed that commercial drivers who engage in the act of 'texting while driving' were actually 23 times more likely than their non-texting counterparts to be involved in an accident or 'near-miss'. Therefore, the ban has the potential to make a significant impact on the injury and fatality 'bottom line'.

Unfortunately, the DOT was unable to address an additionally hazardous behavior of many Fed Ex and U.P.S. drivers that lead to fed ex truck accidents and UPS truck accidents. These commercial vehicles come equipped with 'in-cab' computers that allow drivers to carry out numerous distracting behaviors including scanning packages for pick-up and delivery as well as receive and respond to messages from the dispatcher.

While it seems apparent that these types of actions are equally preoccupying - the DOT does not have oversight of commercial on-board computer systems. Any decisions regarding this would require them to convene the higher powers of our lawmakers. I urge you to contact your lawmakers and weigh in on the matter.

Truck accident attorneys provide a method to seek justice after the fact but the key is to prevent wrongful death lawsuits in the first place.

As mentioned in our previous article, there have been a number of research studies done that have resulted in a compilation of the most common causes of commercial vehicle collisions. This entry is a continuation of the 3 most common driver errors that lead to property and/or injury damage as well as fatalities.

*In order to be licensed to drive a commercial vehicle one must complete a training course - which may make other drivers feel safer. However, it is important to remember that just like new teen drivers - developing a driving expertise takes more time and practice than can be accomplished within the time frame of a single class.

Repeated studies have shown one of the common causes of a truck accident is the driver's lack of experience. Additionally, many trucking companies fail to adequately train their drivers which can lead to serious injury or wrongful death cases.

*In today's ever-increasing competitive climate, retail and trucking companies continue to push the limit of what is 'fair and reasonable' as well as safe. Truck drivers are being asked to 'do more in less time'. In the end, semi and commercial truck drivers are being urged to meet unrealistic pick-up and delivery deadlines that place both their own lives as well as that of other motorists in jeopardy.

*Along with unrealistic schedules, many trucking companies are dangling monetary and other incentives in front of commercial truck drivers that encourage them to make unsafe driving decisions. No doubt about it - prizes, benefits and other inducements that serve to entice truckers to take chances on the road is a very bad idea.

Some motor carriers actually are more interested in looking like they comply with the safety rules than actually following the rules and that can be a very dangerous situation.

Continue reading "Common Big Rig Accident Situations" »

I have been a Texas truck accident attorney for what seems to be a short period of time but in reality is over 25 years. One common theme in 18 wheeler accidents is that they tend to be very bad for the other vehicles occupants.

Such injuries as fractured spines, closed head injury, broken bones and paraplegia are very common in semi truck accident cases. Additionally many commercial vehicle accidents involve one or more wrongful death claims. The reason that we see such serious injury and high incidence of fatalities is due in part to the weight of the big rig compared to the vehicle it strikes. Analogies abound but it is similar to a professional football player running over a kindergarten student.

Walking away from a highway speed truck accident is a very fortunate person. The sheer mass of the big rig can wipe out entire families and even multiple victims in multiple cars. Not long ago, 11 people perished in a truck accident and this tragedy only serves as an example of the devastation that can be caused by an 18 wheeler.

Trucking companies and truck drivers all must operate under rules applicable to motor carriers and professional drivers, and for interstate travel that is the Federal Motor Carrier Safety Regulations. The regulations have been adopted by many if not most of the states including the state of Texas and provide specific standards of care for companies and drivers. The extra regulation is necessary because of the potential for serious injury or wrongful death from a truck accident.

Today, there is a push toward less regulation by government and in the area of truck accidents we are in need of greater regulation as opposed to less regulation. The lives of the public depend upon the enforcement of the safety regulations to protect families and even truckers.

Continue reading "Why Truck Accidents Are So Severe" »

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" »

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" »

A spate of accidents on local roadways over the weekend prompted me to offer the following statistics regarding injury and fatality accidents.

While most people equate long-distance trips with vehicle accidents - often it is just the opposite that is true. Drivers who are just taking the car to run down the street for a last minute grocery item (or the like) have just as much of a chance of being in an auto accident as someone traveling on the highway at 70-80 miles an hour.

That is because the 'local' driver may drive with less regard for their safety believing (mistakenly) that they won't be in an accident.

Driving on city roads requires as much - if not more - attention than highway driving because there are so many things going on at the same time. Drivers are changing lanes; pedestrians and bike and motorcycle riders are darting in and out (counting on the drivers to be paying attention) and, finally, the local driver allows themselves to drive distractedly because they are on a simple errand.

However, this same errant thinking spills over into drivers who tend to take the same highway routes every day as well. Those who take the same commute each day will put their minds on auto-pilot and take care of other business - like bill-paying or even handling business matters over the phone.

It only takes a moment to change the course of your (and others) life forever. Give driving the full attention it deserves - just in case someone else is not.

Continue reading "Most Accidents Happen Close to Home" »

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" »

There have been some ugly semi-truck accidents in the Houston area recently according to reports. The most recent occurred on the heavily traveled I-10 when a rig jack-knifed and spilled fuel across the highway closing it to travelers for several hours. No word on the cause but fortunately there were no injuries. I figure it's always a good day when no physical harm results from a semi-truck accident.

In another heart-stopping semi-truck accident that occurred in the nearby city of Fort Worth - all indications are that the driver lost control of his tanker and before all was said and done he found himself sitting in his cab as it dangled from an overpass. The accident occurred in the wee hours of the morning and began when the truck apparently hit a small car with two persons inside.

Everyone - that is the truck driver and passengers of the car - was taken to the hospital with updates available on anyone's condition. The cause of the accident is still under investigation. However, the circumstances were dramatic enough to make national headlines as video of the truck, driver and accident were flashed on major news stations around the country. Certainly it was the potential for disaster that captivated the American audience.

Finally, news of another semi-truck accident in Bellevue, Texas only the day before finds that one person was left dead after a chain reaction of events that seem almost too difficult to fathom. It reportedly began when a semi-truck lost its rear tandem axles (how can that happen) causing the driver to lose control and end up in the median with the truck on its side.

The axles continued to travel down the highway. Meanwhile a driver pulled over to help the trucker and the axles struck another car. The driver of this second car exited his vehicle to inspect the damage when he himself was struck and killed by another semi-truck driver.

In each case there is undoubtedly a precaution that could have been taken on the part of the semi-truck driver that would have averted these disasters - and maybe even saved a life.

Continue reading "Texas 18 Wheeler Accidents" »

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" »

Occasionally, I like to use this blog to offer a series of the most pertinent statistics related to vehicle collisions. Consider the following information - perhaps it will make you a more careful driver (if even for a day it's worth it).

*An average of 40,000 persons a year are killed in vehicle collisions. According to one research study it was explained this way - "on each of the 6,209 consecutive days included in this study, an equivalent of a plane load or more of people died on the roads".

*Additionally, these same researchers concluded that "on average, more than 100 people per day died in car crashes in the U.S. The death toll for a single day can range from 45 to 252 people".

*Evenings and weekends are the deadliest times on the roads. The Fourth of July is usually the deadliest day of the year (with July 3rd coming in second). August - the most common month for family vacations - is the deadliest month of the year.

*Pedestrians account for approximately 13% of crash deaths and motorcyclists another seven percent.

*Over forty percent of vehicle fatalities can be blamed on drinking and driving. Statistics on the impact of distracted driving and fatalities can only be estimated.
People tend to have a false sense of security when it comes to driving.

Everyone thinks they're a great driver - but then, you might not be the reason that an accident occurs.

Continue reading "Car Accidents Are Never Expected" »

Semi-truck accidents are a daily occurrence around the country. Some end worse than others - but most result in catastrophic injuries and death - usually of the drivers and/or passengers in the other vehicles not the truck.

Consider the following news stories.

Just last week an accident in another state that involved two school buses and an eighteen wheeler resulted in three deaths. Reports suggest it began when the truck driver sideswiped one school bus on a two lane road that may have caused him to lose control of the rig and hit a second school bus head on.

The semi-truck driver was killed as was a teacher and the driver of the second bus. Seventeen students were taken to nearby hospitals for non-life threatening injuries. No word yet on the official finding on the cause of the accident.

In a second truck accident that almost defies belief - a motorcyclist was killed in a hit and run semi-truck accident. The accident occurred in the pre-dawn hours of the morning when the cyclist was struck by the rig and flew off his bike according to reports.

The police speculate that perhaps the semi-truck driver was not aware that he had caused the accident or had not seen it happen and that may be the reason he (or she) did not stop.

Semi-truck accidents are some of the most deadly on the road. Drive defensively - a collision can happen at a moment's notice. Better safe than sorry as my dad used to say.

Continue reading "Recent 18 Wheeler Accidents" »

The U.S. Department of Transportation and the Federal Motor Carriers Safety Administration are charged with adequate oversight of - among other things - the trucking industry. As with all federal regulators - they are only successful up to a certain point and part of their success lies in the responsible behavior of the trucking businesses and their drivers.

For instance, the FMCSA requires truck drivers to maintain a 'log' (diary, record, journal) of the number of hours they drive (and where they've been).

As the reader is probably guessing - the authenticity of these records is usually in question - more to the point the information is falsified often enough that truckers refer to these logbooks as comic books - nothing more than a work of fiction that may bring a chuckle to a fellow trucker's lips all while presenting the information as legitimate.

Occasionally, these - illegal, unethical, unconscionable (need I go on) - practices come to light and the driver's behavior is found out.

For instance, I recently wrote about a fatality accident between a semi-truck driver and an automobile driver. The plaintiff's attorney finally uncovered the fact that the accident was most likely caused by driver fatigue - even though the driver denied it at first and pointed to his logbook as 'evidence'.

But further research uncovered the fact that it was impossible for the driver to have been in stated locations at certain hours. He was sleep deprived and both he and the company were held accountable.

When this guy got to the last page of his 'comic book' - the end didn't turn out to be so funny.

Continue reading "Fake Log Books" »

Recent semi-truck accidents across the Texas landscape emphasize the potential for disaster to other drivers - usually within a moment's notice. Consider the following recent statistics concerning semi-truck (and big truck) accidents.

*In a recent year there were over 425,000 semi-truck accidents across the United States. They resulted in over five thousand deaths and over 130,000 injuries - both major and minor.

*In a recent year there were over five thousand vehicle fatalities in Texas alone. Slightly less than ten percent of these involved large and/or semi-truck accidents in Texas.

*Surprisingly, approximately two-thirds of 18-wheeler accidents occur on rural roadways...and just as difficult to comprehend is the fact that most semi-truck accidents occur in good weather on dry roads during the week (as opposed to weekends).

*The number of semi-truck accidents due to driver fatigue has increased ten percent a year for the past few years. Meanwhile, trucking revenues continue to grow - and are expected to double within the next five years.

*The obvious conclusion is that drivers are being pressured to meet increasingly challenging deadlines as they move products across the country. Who benefits the most from this?

The obvious conclusion is the trucking industry business. Who loses - the average and unsuspecting driver on America's roadways who motor along blissfully unaware of the increasing dangers posed by semi-truck drivers.

Safe driving habits are particularly important when driving near semi-trucks. This includes leaving a healthy distance between your vehicle and theirs - and passing with caution.

Continue reading "Recent Truck Accident Statistics in Texas" »

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" »