Texas Truck Wreck Attorney Blog

Although it varies from state to state, wrongful death is a civil claim in common law jurisdictions against a person or entity that can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.

The standard of proof in the United States is typically based on a preponderence of the evidence as opposed to clear and convincing or beyond a reasonable doubt.

When a family member or loved one is killed due to the negligence or deliberate act of a person or persons, the family may pursue a civil suit; but the perpetrator may also be criminally prosecuted as well for murder, manslaughter, negligent homicide or another appropriate statute.

Wrongful death suits can also be brought if the cause of death was related to hazardous conditions or an accident.

In the case of the death of a loved one - it is common to want to assign blame and pursue justice through legal means. In order to do so one must first be assured that the circumstances of a wrongful death are present. That means that the death certificate indicates the person died of an accident or negligence (deliberate or otherwise).

Too, there may be witnesses or other evidence to support a wrongful death claim.
No amount of money can replace the loss of a loved one - nor dampen the emotional trauma that results from death. A wrongful death lawsuit isn't really even about vengeance -it's about civil justice.

Our society requires that a person or company answer for their mistakes in a court of law.

Continue reading "Wrongful death - what is it? " »

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.

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" »

According to the DPS a two-car accident killed one and injured three this week. The car accident took place in McLennan County, Texas.

Investigating officials indicate that the cause of the wreck was a driver who failed to stop for a stop sign. A 2003 Ford escape was traveling south on FM 2311 at the time of the accident.

A 1994 Ford Thunderbird, according to reports from officials, struck the Ford in the intersection.

Officers indicate that a person inside the Ford escape died and at least three others were injured. Officers have withheld the name of this deceased pending notification of family.

It is very important to pay attention to the roadway while driving. Running a stop sign or a stoplight can easily lead to serious unintended consequences such as this accident.

According to official studies nearly 700000 police-reported motor vehicle crashes occur annually at stop signs, and approximately one-third of these crashes involve injury.

A simple momentary lapse in concentration of the roadway can be fatal. Please drive safe.

Continue reading "Texas car accident kills 1 injures 3" »

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.

Now that we are fully ensconced in the summer season and getting ready to hit the highways on vacations there is a particular subject that needs to be addressed - work zones.

Summer and roadwork go hand-in-hand. If the reader scours the news he or she will find a sad litany of accidents that have been caused in work zones that have resulted in injury and death.

Often it is simply because the driver is not fully engaged in the act of driving or not paying full attention. After reading the following tragic example of work zone accidents - hopefully drivers will redouble their efforts to remain vigilant and safe when driving.

Last summer a crew was repairing a stretch of highway around Houston. Traffic had slowed to a halt and was backed up a half mile or so in a single lane. Even though signs had been posted for several miles before the actual area under construction the driver of an eighteen wheeler was not paying full attention.

When the truck driver realized the traffic was stopped he slammed on his brakes - but was too late to prevent an accident. He plowed into the car in front of him killing both passengers immediately. The impact pushed the car into the one in front of it and the driver of that car was gravely injured.

Remember, highway construction goes on year round in Texas. Stay alert to signs of construction when driving and follow the posted rules.

Scherz was named the best place in Texas to live with a population of 50,000 or less. So? Each year a town the size of Scherz is wiped off the map. How? Annually, 50,000 people are killed in traffic accidents on American highways. That translates to three human beings dying in car crashes each day per state. Does that help you visualize the extent of the slaughter on our roads?

Statistics related to semi truck accidents are equally as alarming and need continued review. On Houston highways one person a day is killed in a semi truck accident. This is the result of a collision between a 40,000 ton and a 2 ton vehicle. Hardly seems like a fair match-up, eh?

Perhaps it is the euphemisms for death that keep us from realizing that mass slaughter is occurring on our roadway - fatality, disaster, accident do not conjure up the finality of death like the word 'murder' might.

Worst of all is the fact that as Americans we accept it with the casualness of flipping channels on the television. That is until it happens to one of our own.

What can be done short of making vehicles out of foam or wrapping ourselves in safety cages inside cars and trucks? With a trillion vehicles on the roads each day it seems obvious that something NEEDS to be done.

Many from different political backgrounds argue about "government takeover of industry", when what they are really discussing is effective REGULATION of industry.

Given the size and mass of 18-wheelers, effective regulation is critical and can be aided by technology and better directives from those in charge of the appropriate entity.

Continue reading "It will not happen to me!" »

A 2008 semi truck accident that left three people dead, led to a guilty plea to the recounts of second-degree manslaughter. The truck driver admitted to reaching for cell phone when he slammed into several cars.

As a result of the plea bargain the truck driver will not spend additional time in jail. The truck driver was sentenced to one year in jail but was given credit for time served prior to the plea bargain and therefore will not spend any additional time behind bars.

This is another example of a truck driver being criminally charged in connection with distracted driving or impaired driving that resulted in a fatal accident.

In Texas and apparently across the US people are more demanding of commercial drivers and less and less sympathetic of excuses for causing fatal accidents.

Not only are criminal sanctions being sought but in a truck accident when conduct is such that endangers others, punitive damages are appropriate. If a person can be criminally charged for their conduct, shouldn't the law also allow punishment damages for the same conduct.

Continue reading "Truck driver avoids jail time on manslaughter charges " »

Unfortunately, it is not expected that loss of life resulting from semi truck accidents will end in the foreseeable future. We have posted on truck drivers who have been sent to jail after the wrongful death of an innocent victim.

Wrongful deaths that are a result of a collision with semi truck drivers are a difficult topic to discuss - yet a reality on Houston roadways. Sometimes the accidents are caused because the driver is distracted or impaired. At other times they are the consequence of poor road or weather conditions.

In fact, the dynamics surrounding an accident are so complicated and numerous that it would not be possible to list them all here. Although the causes of an accident are always germane - for this entry let us consider the elements of a wrongful death lawsuit.

The most common redress for victims and their families is through the civil court system. Once the initial shock of a loss has passed - litigation may provide the only sense of justice and return to normalcy for injured parties. Not very often is a truck company held accountable criminally.

Continue reading "Civil justice in a truck accident case" »

In a tragic truck accident two young children were killed and several people injured.

A Texas woman was driving a suburban and heading south and failed to yield the right-of-way when turning left into a parking lot, troopers indicated. An 18-wheeler was north bound and could not stop in time, slamming into the suburban and causing children to be ejected.

The real danger in truck accidents is the great weight of the semi trucks. Almost any time there is an impact with a big truck; lives can be lost due to the magnitude of the vehicle crush and impact forces.

Fortunately, in this accident and infant who was in the safety seat was not killed and only received injury. After the impact, the semi truck careened into a parking lot and crashed into several parked cars.

A four-year-old boy and an 11-year-old girl died at the scene. Other people, apparently passengers in the semi truck were taken to the local hospital.

Department of Public Safety Officers are investigating this Texas truck accident. While initial reports seem to indicate that the suburban driver failed to yield the right-of-way, officers undoubtedly will also be looking at the role of the truck driver and application of the brakes.

It is distressing to see so many Texas families torn apart in car accidents and in accidents with 18-wheelers. Almost every day in Texas a serious truck accident occurs. While there are about 750,000 different trucking companies in the United States, many motor carriers are smaller outfits that sometimes sacrifice safety for income, particularly in maintaining equipment.

Continue reading "18-wheeler accident leaves two children dead" »

A one-year-old child was fatally injured in a truck accident yesterday and his mother injured as well. The Highway Patrol indicates that the mother span was traveling east eastbound when hit by a westbound semi truck that.

According to authorities, the van driver turned left and was hit by the truck, which was passing on the shoulder of the road, to get around another semi truck that had stopped to make a turn.

Miraculously, a two-year-old brother survived the truck wreck, although his condition is unknown. The truck driver was unharmed.

This is another tragic example of what appears to be a truck driver in a hurry to get to a destination. The Federal Motor Carrier Safety Regulations are designed to protect the public by setting specific hours of service which a truck driver can be driving a rig.

It is very basic highway safety that motorists should not use the shoulder of the road to bypass another vehicle.

While this same fact pattern could have resulted in serious injury or death if the vehicle passing on the shoulder was a car, injury is much more likely with an 18 -- Wheeler.

Commercial truck drivers are just that, professional drivers, and as such are held to a higher safety standard in some cases.

It is especially disheartening to learn of a young child's death do to an accident that most likely could have been prevented.

Continue reading "Toddler dies after crash with 18-wheeler" »

In an truck accident described as one of the worst investigators had ever seen, a Chrysler 300 exploded after hitting the rear of a big truck. The car burst into flames and two occupants were killed. The truck driver who was 73, at the time sustained a minor head injury.

It took rescue workers hours to separate the vehicles and try to determine who was in the Chrysler 300. Later investigators determined that and a man and a woman were killed in the truck wreck.

The carnage from the wreck is truly shocking.

In a separate truck accident a Toyota struck the rear of a disabled tractor trailer, rolled over and burst into flames, killed the driver according to reports. The highway patrol is currently investigating the accident.

Both these fatal accidents involved striking a truck from the rear and car fires.

FMVSS 301 sets the standard for fuel system integrity and was enacted to reduce injury and death due to motor vehicle fires.

According to nhtsa motor vehicle fires are fairly rare occurring only at a rate of 3 per every 100 vehicle crashes, with over 23,000 car fires every year from car accidents with over 1300 fatalities in car fire accidents.

Continue reading "Car explodes after rear ending tractor trailer" »

A tour bus accident on Interstate 10 injured or killed everyone on board in a rollover accident. Investigators at this time have more questions than answers on the terrible accident.

The bus, which was bound for Los Angeles, had crossed into Texas at El Paso and was on the way to Phoenix where a new driver would take over. Federal officials indicated that the bus was operating illegally, and was not authorized to operate interstate transportation because the company's application was turned down, it was reported.

Historically, governmental officials from the National Transportation Safety board will complete the investigation into the cause of the commercial vehicle crash before any civil or criminal charges are filed.

The next step in the investigation (which is expected to take weeks, if not months) is to examine the bus to determine if mechanical failures played a role in the fatal truck crash. "Its going to be tough to say because the bus is in shambles" DPS spokesperson Robert Baily said.

The accident scene was described as like an airplane wreck, with bodies and bus parts everywhere. The bus roof was caved in and all the windows were knocked out.

Numerous injury victims were taken to the hospital with head injury, spine injury and broken bones prevalent. One of the bus drivers was admitted into the intensive care unit. 18 people were injured in addition to the 6 who died in the commercial vehicle accident.

Many of the survivors or the truck wreck sustained very serious injury and many were taken to several different area hospitals due to the number

A new wrongful death case has been filed recently in Dallas against Toyota alleging problems the Toyota car was defective and unreasonably dangerous due to acceleration problems.

Several personal injury lawsuits have been filed in Texas against Toyota, since the massive recall was announced. Case has been reported in Houston, Dallas and Marshall Texas and many suspect many more will follow.

Toyota announced a sticking accelerator petal recall around mid January and the recall has been surrounded in controversy. Recently, a representative of Toyota has been asked to testify before congress. In another development, a congressional committee has subpoenaed internal documents relating to safety issues from a former national counsel for Toyota. Toyota previously obtained an injunction against the former representative prohibiting him from disclosing documents, however the injunction should not affect the congressional subpoena.

Reportedly, the former counsel is critical of Toyotas handling of safety issues and personal injury litigation.