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" »

A recent multi-state task force undertook the job of investigating what appears to be an increasing presence of meth labs in semi-trucks - as if semi-truck drivers taking illegal drugs were not concern enough for the average driver.

In one case a highway patrolman in another state pulled a semi-truck over when he noticed it being navigated erratically. He found a passenger 'cooking meth' in the sleeper cab of a truck that was hauling furniture for a major retailer. The labs and their contents were seized and the driver and passenger detained.

In a similar incident in a different state, the highway patrol in coordination with federal authorities acted on a 'tip' of major meth production in a traveling 'convoy'. When the rear cargo doors were open no product of any kind could be found for supposed cross-country hauling except meth. In all, a dozen people were arrested and are awaiting trial on a dozen federal and state drug charges.

Finally, in a third incident, a half dozen men were found to be occupying a semi-truck and were determined to be working in shifts of driving and manufacturing the drug - with an addition couple men sleeping so there was no need for the operation to shut down for shut-eye.

I must say, the ingenuity of these illegal enterprises is jaw-dropping to say the least. I always wonder what strides could be made if people used their ingenuousness for good instead of law-breaking. Large trucks have long been used to haul illegal contraband and this is only another example.

Continue reading "Meth Labs in 18-Wheelers" »

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" »

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" »

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" »

It should come as no surprise to readers that even those entrusted with the oversight of our safety can be swayed to make choices that are not in our best interests.

Take, for instance, the recent lobbying efforts in Washington conducted by well over a hundred companies, to persuade our legislators to allow even bigger and heavier trucks to transport goods across American roadways.

Never mind that study after study has shown that the larger and weightier the semi truck - the more dangerous they are to the other drivers around them on the road. The reasons for this are obvious.

First of all, the larger and longer the semi truck is - and companies are suggesting that their trucks be allowed to add a third trailer to the rig - the more difficult it will be for the truck to stop in a time frame that may be necessary to avoid an accident.

To put it mildly - they already can't stop on a dime - imagine a 3 trailer rig carrying the weight of nearly 20 tons and a subcompact losing control on the road in front of it. You needn't be a mathematical whiz to figure the odds against the driver of the smaller vehicle.

Decision makers must also take into consideration that even if they were to allow an increase in the size and loads of semi trucks - this additional increase will not be matched by other cars and trucks on the road.

At some point the safety of the individual outweighs the profits of a company. Let's use some common sense here and put Texas families safety above trucking company profit!

Continue reading "Do We Really Need Bigger Trucks on our Highways?" »

There are so many factors that play into the dynamics of truck driving and 18 accidents that it sometimes seems that all researchers do is come up with new avenues to explore related to a big rig collision. If you find that hard to believe then I would like to direct your attention to the National Institute of Health's online medical library publication. Here you will find study after study on any medical topic you could ever conceive - and even a wealth of data related specifically to semi truck driving.

For the purposes of this blog let us consider a study published only last year. The researchers' objective was to determine whether the driver's age and gender as well as the presence or absence of passengers had any effect whatsoever on the likelihood that the driver would end being the party at fault in the case of a collision. The results are explained at length in a popular print journal but the succinct findings are available online and include the following:

"Solo semi truck drivers, aged 65 and over, were the age group at highest risk for at-fault semi truck collisions with other vehicles. However, the presence of passengers in the semi truck had a protective effect for semi truck drivers aged 65 and older. When controlling for all other variables in the model, female semi truck drivers were at higher risk than male drivers, and curvy and graded/hillcrest roads increased the odds that the semi truck driver would be at fault in a semi truck collision with another vehicle. Daytime driving and driving on roads with low posted speed limits (35 mph and less) were associated with a higher probability of being at fault in a semi truck collision with another vehicle".

Certainly, this information is extremely valuable when it comes time to develop more effective truck driving curriculum - and laws.

Continue reading "Age and Gender as a Factor in Truck Accidents" »

Driving a semi truck is not anything at all like driving a car, small or even pickup truck. Commercial drivers must undergo special training before they can be licensed to drive these types of vehicles. Both the States and Federal Government regulate truck drivers. The Federal Motor Carrier Safety Regulations are designed with truck safety in mind.

Tractor- trailer trucks have specialized air brakes, a variety of gears and hundreds of other differences from conventional vehicles. Training teaches the driver how to handle all of the truck's operations and systems.

For instance, an 18 wheeler truck driver learns how to tackle a steep incline (both going up and down) - like mountainous terrain - in a way that keeps the brakes from overheating and an accident to ensue. Too, when a semi truck 'takes a corner' they must be able to do so without causing the load to shift - another example of the potential for an accident. And, certainly, the truck driver must even know how to load the semi truck properly to begin with!

Semi truck driver training also includes teaching the student how to park, back-up, maneuver on narrow streets and connect or disconnect the cab from the trailer. Finally, the semi truck driver receives training in basic rig maintenance and repair. That includes such things as understanding the unique requirements of a diesel engine and even changing a flat tire!

Most states require potential truck drivers to receive anywhere from 40 hours of training on up. Students are required to attend school on location and practice authentic semi truck driving skills with a professionally certified trainer. Commercial truck driving is not just a job anybody can walk into - it's a career that requires regular relicensing as well.

Continue reading "Commercial Drivers" »

*The average semi truck and trailer is 70 to 80 feet long - 4 of them end to end make a football field.

*Depending on road conditions, weight of the load and several other factors, the length of time to stop an eighteen wheeler is 40% greater than that of an automobile. To be sure, it takes a much greater time to stop than an automobile... period.

*Trucks only have 10 brakes NOT eighteen as some have told me they thought. Trucks made now are required to have anti-lock brakes.

*The most common amount of gears in an 18 wheeler today is 10 forward and 2 reverse gears. Although they can range from 9, 10, 13, 15, and 18 gears!

*The flaps underneath the semi truck trailer are actually there to improve performance. Wind skirts under the trailer significantly reduce wind resistance and reduce airflow around the trailer. This is a big fuel economy benefit.

*According to the Department of Transportation, freight tonnage is expected to increase 70 percent between 1998 and 2020.

*In 1919 C.L. Cummins invented the first semi-truck diesel engine. In the 1930s Peterbilt designed the semi-truck body.

*While the cost of semi-truck insurance will vary by insurance provider, drivers can expect the monthly cost of insurance for a semi-truck to be an average of 10 to 30 times higher than the monthly cost of insurance for a personal vehicle (due to the increased injury potential of a truck accident).

*Most semi tractors have powerful engines and a manual transmission with between 12 and 18 gears. These rigs are typically configured with three axles and 10 wheels--two on the front axle and dual tires on both sides of the rear axles.

*Many semi tractors feature sleeping quarters behind the cab. These accommodations may range from a sleeping a bunk to miniature efficiencies decked out with microwave ovens and refrigerators and even TVs. CB radios and thunderously loud air horns are other common semi tractor accessories.

*Since fuel economy has become a crucial factor in freight transportation, the designers of Freightliner's new Cascadia semi tractor used the results from 2,500 hours of aerodynamic tests in a wind tunnel to improve its mileage capabilities. In addition to a lightweight aluminum cab that is both wider and quieter than other semi tractors, the Cascadia features ergonomic controls designed specifically for driver comfort. But these innovations are not cheap--the Cascadia is priced at more than $120,000.

Continue reading "Things You Wanted to Know About Big Rigs- But Were Afraid to Ask" »

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" »

What is involved in getting a CDL or the acquisition of commercial drivers' license? In order to drive any type of a commercial vehicle in Texas a person must first obtain and maintain in good standing a regular driver's license for at least a year and be at least 21 years old before applying for a CDL.

Next the person must take and pass the Texas Commercial Driver's License Examination that applies to the type of commercial vehicle a person will be driving. There are numerous training courses available for those who wish to pursue this career path - and none will be touted in favor of another.

The course work often covers the nature of specific concerns related to passenger vehicle driving (such as school buses), and separately tank and hazardous vehicle driving.

In addition, the CDL also covers pre-trip inspection of vehicles, basic vehicle control or maneuvering and the actual road trip itself. Want step by step directions? Follow the advice below and you will be on your way to commercial driving before you know it.

1. Visit your Texas driver's license office. Take your driver's license, social security card and qualification certification form. Also take proof of insurance.

2. Get the appropriate form for the CDL - ensuring you have the form for the class of driving you intend to do. (And be prepared for the appropriate certifications).

3. Take the written exam and vision test. Pass it.

4. Take the driving test. You must provide your own commercial vehicle.

5. Pay the fee - get photographed and fingerprinted.

Continue reading "CDL- it not that difficult to get" »

Let us continue our discussion on the trucking industry by examining related financial statistics.
According the website listed at the end of this blog the "total revenue estimates produced by the trucking industry are 255.5 billion. 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 profit of 4.8 cents.

The driver makes approximately 30.3 cents per mile with an average yearly income of $32,000. It costs 41.73 cents per mile to operate a semi or $83.68 per hour. Finally, trucks consumed 53.9 billion gallons of fuel for business".

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 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 accident related and it is our unfortunate lot to see the results of collisions up close and personal.

As stated in previous blogs 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 truck accidents instead.

Continue reading "Trucking is big business part 2" »

Trucking is big business in this country. One reliable source offers the following statistics.

"The trucking companies, warehouses and private sector in the U.S. employs an estimated 8.9 million people employed in trucking-related jobs; nearly 3.5 million were truck drivers. Of this figure UPS employs 60,000 workers and 9% are owner operators. LTL shippers account for around 13.6 percent of America's trucking sector"(click on the website at the end of this blog for more information).

In addition, there are about 15 and a half million trucks on U.S. roadways of which 2 million are semis and trucks deliver 70% of all freight in the country. These figures give one cause to pause. I doubt there isn't a person out there who hasn't been annoyed by semi trucks on the road at one time or another.

They're oversized and intimidating alongside any automobile or SUV on the market and there can be no question they are harmful to the environment. To safely pass one most people can be seen catching their breath and saying a silent prayer. The same holds true when a semi comes up behind you or zooms by with enough force to rock your vehicle.

Yet, a little respect please. The trucking industry is vital to the American economy. Until someone either comes up with an alternative, viable solution for transporting goods from one coast to the other or Americans show signs of waning materialism - turning their backs on acquiring the latest anything - then semi trucks will be a regular spectacle on our highways and we all will need to drive safely.

Continue reading "Trucking is big business" »