Texas Truck Wreck Attorney Blog

Drunk driving by 18 wheeler drivers is not a frequest occurance compared to other drinking accidents like motorcyclists, motorists, pedestrians and bicyclists.

Examples of injuries and fatalities when drinking and motoring can even include boating accidents. The main killer on the roadway is the drunk driver of a passenger car or pickup truck.

But the most likely to be deadly is the truck driver who consumes alcohol before climbing behind the wheel of his or her rig to hit the open road. Fortunately, it is not that common of an event.

According to studies done by the Insurance Institute of Highway Safety truck drivers are the least likely among all types of drivers to drink and drive. In a recent year they found that only 4% of all semi truck driver deaths had a blood alcohol content level that registered high enough to be considered legally intoxicated.

In statistics compiled by police forces around the country - random stops of drivers over the course of a year revealed that only 0.2% of truck drivers tested positive for alcohol (not necessarily to the point of intoxication) while 5% tested positive for illicit drugs including (but not limited to) marijuana and cocaine.

Undoubtedly, strict federal regulations regarding alcohol consumption and truck driving play a role in reducing the dangers to the public.

For instance, federal law calls for drug testing of drivers before an offer of employment. It is mandatory to get a blood alcohol content level of any 18-wheeler driver who is involved in a crash as well as random testing in general.

Drivers found with ANY alcohol content in their blood systems are taken out of service immediately. A BAC of 0.4 or higher causes the driver to be disqualified from applying for a CDL.

At up to 80,000 pounds one moment of indecision by an impaired driver can wipeout whole families.

Continue reading "Drinking and Driving a Big Rig" »

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.

Road design and construction contribute daily to truck accidents.

Several of the more common factors include barriers and guardrails, exit and entrance ramps, road markings and road surfaces, signage problems, roadway shoulder designs, traffic control mechanisms, visibility, and the flow of traffic patterns.

Many times the failure to recognize traffic slowing in construction areas can play a part in an 18-wheeler accident.

Guardrails and barriers such as those that separate the flow of traffic in opposite directions are safety devices whose inadequate design or implementation leaves drivers vulnerable to accidents. In addition, exit and entrance ramps that cause traffic back-ups or an inability to enter and leave the highway safely without endangering drivers around you can also be traced to poor road design.

In addition, when construction takes place many times the warnings and work itself can cause motorists to "rubber neck" which leads to a dangerous situation due to the disparity of speeds.

Road markings such as 'do not cross' yellow lines or highway reflectors play an integral role in keeping motorists safe. These must receive regular maintenance to ensure driver safety - Some locations the huge number of accidents should cause authorities to reevaluate what is not working.

In addition, poorly maintained road surfaces are a recipe for driver disaster. Potholes and grooves in the highway surface should indicate to the driver that the road may not be well maintained and to pay close attention. An absence of these two important safety features can lead to accidents.

Traffic control devices including traffic lights, appropriate signage (yield, slow down, etc.), pedestrian crosswalks and more are also meant to keep drivers, passengers and walkers safe. Many times like after a hurricane, signals are largely out for a good part of Texas.

Visibility is an important factor in road design and plays a big part in many construction accidents on the roadway.

Finally, although not impossible, road defect litigation is extremely difficult and many legal hurtles exist in Texas to bringing such a case.

The better course of action is to be extra cautious in construction areas and road conditions when driving.

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" »

Losing a family member in a truck accident is a very traumatic event. Sometimes the accident photographs are so gruesome that I will not show them to the clients. But for those who have not been in an 18 wheeler accident it may be helpful to be given a front-row seat to the horrors of a big rig truck accident - if for no other reasons than as a way to instill a healthy respect for these mammoths with which cars share the highways.

While my law practice focuses on 18-wheeler accidents in Texas- and particularly the Houston area- a truck accident last year in neighboring Oklahoma bears review.

Last year, a truck driver who was 76 years old at the time was in his 10th straight hour of driving when he ran over a line of cars stopped ahead of him. The 76-year-old driver ran right through 5 cars crushing the cars and victims inside.

The aftermath from this truck accident- 10 people dead and multiple families ripped apart.

Reports indicate the trucker never even slowed down - he didn't recognize or see the cars stopped in front of him. There are no words to adequately describe the injustice this tragic accident.

As usual, when an accident of this magnitude takes place, much is talked about; everyone wants action - looking for ways to prevent this from happening again. Unfortunately, no one has adequately addressed the question not one wants to ask. Was age a factor in the truck accident?

The driver was short of eighty years old- is that to old to be behind the wheel of an 80,000 pound truck?

Some have suggested an age limitation for professional drivers of 65. Perhaps that would have some effect but there is little doubt that a 65 year old may be one of the safest age groups for driving statistically.

In this truck accident the 18-wheeler driver - who admits he didn't see the cars stopped in front of him -was tired from driving the long hours on the road and just not paying proper attention.

In all, truck driving is a business and vital to our country. The regulation of truckers is a fine line between safety on our highways and economically moving the goods we use across the nation.

Continue reading "Preventing Truck Accidents is a Balancing Act" »

It is it not uncommon that vehicle collisions result in the need for the services of an orthopedic surgeon.
Many times an orthopedic specialist is called in when the truck accident victim is taken to the ER due to the severity of the injury. Other times it is only after failed physical therapy and continuing problems- is an orthopedic specialist consulted.

Orthopedic surgery or orthopedics (also spelled orthopaedics) is the branch of surgery concerned with conditions involving the musculoskeletal system. Orthopedic surgeons use both surgical and nonsurgical means to treat musculoskeletal trauma, sports injuries, degenerative diseases, infections, tumors, and congenital disorders.

The list of the types of injuries resulting from a vehicle collision that may require orthopedic services include but are not limited to: spinal injuries, clavicle fractures (shoulder), scapular fractures (shoulder blade), Shoulder (glenoid, humeral head or humeral neck) fractures, humerus (upper arm) fractures, radius and/or urina (lower arm) fractures, scaphoid (wrist) fractures, pelvic and acetabulum fractures, hip and leg fractures, femur (thighbone) fractures, patella (kneecap) fractures, tibial and/or fibular (lower leg) fractures, ankle fractures and calcaneus (heel) fractures.

Of course, each time the word fracture appears it can be replaced with the word 'broken' - because bones either fracture or break. These types of injuries are traumatic and can send a person into shock -further complicating the injury.

The cost to treat these types of injuries- it is hard to say - beyond saying it's expensive it's difficult to pin down costs. One authority proclaimed that a broken arm cost $20,000 to fix! But actual costs vary by location, doctor and specific injury.

I regularly see medical bills from a back or neck surgery that exceed a hundred thousands of dollars when its all said and done.

The best advice is to see an orthopedic as early as possible if your injury warrants it.

Those of us who get behind the wheel of a car fully aware of its potential to maim and kill - and the accompanying costs (minus the emotional trauma) may look twice before entering an intersection - may slow down cresting the top of a hill -let the big rig pass us or may simply drive defensive - and after all, that is my ultimate goal.

Continue reading "See an Orthopedic Surgeon When Necessary" »

Magnetic resonance imaging (MRI) is a special test that produces very clear, detailed pictures of the organs and structures in your body. The test uses a powerful magnetic field, radio waves, and a computer to create images in cross-section.

While an x-ray is very good at showing bones, an MRI lets your health care provider see structures made of soft tissue such as ligaments and cartilage and organs such as your eyes, brain, and heart. Health care providers use MRI to see problems in the brain and spinal cord. It can be used to examine joints and soft tissue.

Injuries show up well on an MRI. For example, an MRI may show whether you have torn ligaments or torn cartilage in your knee and help your health care provider decide whether or not you need surgery. It is also useful for injuries involving the shoulder, back, or neck
.
While it is difficult to pinpoint the exact cost of an MRI estimates place it at anywhere from $300 to $3500 dollars depending in part on your copay and other factors.

Should you be brought to an emergency room as a result of a vehicle collision you are not in a position to bargain with the doctor - where as those who are informed in advance of the medical procedure can shop around for the best price.

Remember, this is only one of the many medical resources that may be employed - it is unpleasant at best although perhaps life saving.

Many clients who have been in a truck accident go to the emergency room and get extensive x-rays and learn they have no broken bones, some follow the doctors advise and go to therapy only to continue to have back or neck problems. It is then many doctors order an MRI for the first time and learn of serious injury that was not diagnosed in the emergency room.

My advice - if you have been in a car or 18-wheeler accident and have neck or back issues that are not going away- talk to your doctor about getting an MRI you may be very glad you did.

Continue reading "The MRI is Often necessary to diagnosis injuries from truck accidents" »

Medical costs associated with any type of vehicle collision are never insignificant and with truck accidents often are out of sight.

There is no shortage of statistics and reputable organizations to provide them in this country.

For instance, in an article in Money Magazine two years ago they cited the AAA findings that place the annual costs of accidents at $164.2 billion dollars or $1,051 per person.

These figures include the actual costs of short and long term medical care, emergency and police services, property damage, lost productivity and quality of life.

So what are the costs of authentic hospital tests? And what types of injuries call for their use? In fact, this topic is so complex that no simple answers are possible.

However, let it suffice to say that there is not enough room in this blog to provide sufficient answers. In the following few blogs though we shall consider the costs and use of MRIs, CAT scans, X Rays, orthopedic procedures, bone imaging, and ER visits.

Perhaps a better understanding of the price tag medical emergency services will give drivers a reason to redouble their efforts to drive defensively.

Unfortunately this does not even take into consideration the cost of increased vehicle insurance to offset these figures or the impact accidents have on a family finding themselves having to replace a car that has been declared a total loss.

Very rarely in Texas is the victim made whole on a property damage claim. Why is that? The answer is that consumers in Texas no longer have much legal recourse against their own insurance company when their own insurer treats them poorly.

Or sure you can litigate with your insurance company your property damage claim but they do not have to pay your attorney's fees.

It is time Texans demand that our elected representatives let us hold accountable the insurance companies who take our hard earned money.

Continue reading "Emergency Room Costs are they Excessive in Texas?" »

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?" »

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" »

Wrongful death is a death that results from a wrongful act or from negligence of another; a death that can serve as the basis for a civil action for damages on behalf of the deceased person's family or heirs.

Under the aforementioned circumstances a wrongful death lawsuit is a civil action and the most common standard of proof is a 'preponderance of evidence'.

In some cases a personal injury attorney will seek exemplary or punitive damages in addition to the families damages for the loss of a loved one.

Recently, Texas courts and our legislature have put up many legal hurdles to limit or disallow a jury from considering punishment damages.

A wrongful death lawsuit is also the only real recourse available when a company, not an individual, causes the death of a person. For instance, if your loved one is maimed or killed in a semi truck accident then the trucking company may be held liable.

Another example of this is when there is a manufacturer's defect in the vehicle itself caused the death - a phenomenon that has occurred on a number of occasions since auto companies began making cars.

A civil suit does not preclude a person from also being criminally negligent as well.
The history of wrongful death legislation can be traced to England in the mid 1800s. According to historians during the 1830s the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of the railway companies.

The Deodand Act of 1846 gave personal representatives the right to bring a legal action for damages where the deceased person had such a right at the time of their death. Compensation was restricted to the husband, parent, or child of the deceased and was for damages.

Many times after an 18 wheeler accident a person is so grateful to walk away seeming unscathed that they brush off offers of help from medical professionals on the scene and try to tuff it out afterward.

However, many times serious injuries do not show up immediately.

The symptoms arising from an injury sustained in a truck accident do not necessarily present themselves immediately following a wreck.

Medical research and clinical experience have accumulated enough information to demonstrate that the delay of an injury symptom is the norm.

Studies have established that the delay of a symptom does not eliminate the possibility of severe injury. It's been proven that individuals can continue to be symptomatic for many months after a motor vehicle accident. In addition, approximately 75% of accident victims can remain symptomatic for a minimum of 6 months after the accident.

If you delay getting treated it will hurt an injury case as the adjusters will always take the position that:

1. it was not a serious injury or you would not have waited to go to the doctor.
2. some thing other than the accident caused the injury. or
3. You really were not hurt at all.

If you have any doubts about the extent or nature of an injury go to the medical professional of your choosing and get checked out. Follow the professionals advise.

And understand that being released from the Emergency Room does NOT mean you are ok- the ER only deals with emergency situations not ongoing diagnosis and treatment for some spinal cord injuries, head injury or other serious conditions.

Also when involved in an truck accident - do not make outright declarations such as 'I'm alright' because it may put you in a position in which you cannot seek redress and compensation further down the road - if indeed you demonstrate signs of a delayed injury".

If you are in an accident it might be a good idea to undergo a complete physical examination and be mindful of ailments not manifested before the collision.

Continue reading "Get checked out after a truck accident" »