Texas Truck Wreck Attorney Blog

Automobile accidents are a regular part of the driving experience in Houston, Dallas and across Texas. Some are more unique than others - and some are more deadly. Consider the following news stories about car and truck wrecks on city roads and highways.

*Three teens led police on a high-speed chase through the city of Houston after stealing a vehicle and then using it to ram a gas station - which they then proceeded to rob. In the end no one was hurt and the teens were taken into custody. Damages are expected to run into the thousands of dollars.

*The founder of a well-known church in another state was killed and his wife injured in a fatal truck accident although what happened is unclear, reports suggest it may have been that the vehicle he was driving veered into the lane of oncoming traffic and smashed head on into a semi-truck.

*A pedestrian was killed and 7 others injured when an SUV ran a stop sign during a police pursuit and hit a bus - forcing it into the bystander and pinning him below the bus. The driver and passengers in the SUV were all taken into custody and charged with manslaughter and burglary.

In each of these accidents the causes can be traced to ongoing debates about driving. In the first accident there have been continued discussions about the proper age for young people to be given permission to drive. Even though the youth allegedly stole the car - if the age of driving were raised would teens consider getting behind the wheel of a vehicle?

In the second accident - the opposite debate rages. The driver was nearly eighty years old and accidents with elder drivers require that we have an honest and open discussion about the proper age at which the elderly should regularly tested for a drivers license.

Finally, police chases are some of the most controversial subjects in municipalities across the country. I would wager that the loved ones of the gentleman who died would feel that the value of a stolen vehicle couldn't compare to the loss of their father, grandfather, uncle, and son.

Continue reading "Recent Accidents" »

While wrongful death lawsuits can be complicated and extensive - there are a few simple facts on which many are based. Each state has its own unique set of laws for wrongful death claims. Consider the following information.

*Wrongful death may be deliberate - such as murder - or accidental but due to the negligence or carelessness of another individual.

*Different states mandate which survivors are able to sue. In some cases only the spouse and immediate family members may file a wrongful death suit. In other states instances the right to sue may even extend to grandparents.

*There is a statute of limitations on filing a wrongful death lawsuit in most states.

*Medical malpractice does not always result in a wrongful death and wrongful deaths frequently are not traced to medical malpractice (even though the family feels otherwise).

*There are circumstances under which a bankruptcy court can discharge a judgment imposed by a court in the case of a wrongful death. This is usually not possible in a drunk driving wrongful death suit.

*A decision on the amount of damages to be awarded in a wrongful death lawsuit is complicated and may take into account a number of factors including such things as the loss of future earnings and pain and suffering and loss of services.

*Many states have incorporated measures that prevent family members from suing each other in the case of a wrongful death.

The decision to sue for wrongful death is a complicated issue. There is no doubt that families must consider their options at a time many are struggling with the grief of the loss.

Continue reading "Wrongful Death Claims" »

Believe it or not one of the leading causes of accidents in Texas and across the country is inclement weather. Oh sure, people have accidents on sunny, dry days as well - but when the atmospheric conditions bring snow, sleet, rain, fog or hail then the odds of a vehicle collision rise exponentially.
There are several reasons for this.

First, the elements alter the drivability of a road's surface. Of course, the optimum condition is dry (and sunny). Then there is nothing to come between a tire and the highway surface which keeps the car or truck on a safer course (generally). It is when water, snow and ice create a layer between the treads of your tire and the roadway that driving conditions become more volatile.

Any of these forms of precipitation can cause a driver to hydroplane, slide or otherwise lose control of the wheel and (therefore) control of the car and this is when accidents happen.

Of course poor weather can wreak other havoc as well. For instance, it may prevent drivers from seeing others around them or it may cause other drivers to lose control of their vehicles which could then impact you.

There are courses available that help drivers learn how to handle a vehicle in challenging road conditions. You will learn such things as how to safely maneuver out of a slide, hydroplane or other incident in which control of the vehicle is momentarily lost to you. I recommend this type of training to all drivers - in the end it may literally save your life.

Continue reading "Driving in the Rain in Texas" »

If my readers tire of the mantra - 'just when I think I've heard it all another story comes along so incredible as to defy belief' - well, trust me I get weary of saying it. This would hold true for the following news item about a sensational and wholly preventable automobile crash that killed an innocent passenger who was just out looking to buy a new car.
The story has so many angles it could be filed under drunk driving accident, speeding, wrongful death and more.

In a northeastern state right after this past Christmas holiday a man and his son went out to do some casual window shopping of import cars. The salesman (who allegedly has a history of driving while under the influence accompanied by some jail time) offered to join them in a test drive and after the prospective buyer had the opportunity to drive the salesman took the wheel forcing the vehicle to travel at up to 100 mph.

The ending is all too predictable. The salesman lost control of the car. It went airborne, crashed and killed the older gentleman. When the police arrived on the scene the salesman admitted to drinking rum before driving - and a blood test determined there was marijuana in his system as well.

The 'moral' (if there is one) to this story - or perhaps a better phrase is the 'caution' of it is to be sure that the person who takes you out for ride in a car is not intoxicated or otherwise impaired. Your life may literally depend on it.

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" »

There are a few general considerations in a wrongful death lawsuit. First, was the death a result - in part or total - of the negligent (deliberate or accidental) actions of another person or entity (such as a business). Too, the state statute related to wrongful deaths - which was originally written in the 19th century - also states that it is a wrongful death if it is caused by another person's 'carelessness or unskillfulness' which all relates back to the breach of a duty which causes a death.

Second, are there any surviving loved ones or beneficiaries? Finally, does the family wish to seek recoverable damages?

In the haze of a loss many surviving family members do not realize they are able to sue the person or entity in a civil proceeding (which may occur separately from any criminal prosecution) to recover the cost of medical and funeral bills, lost wages and support and even such things as 'loss of companionship'. However, there is a time limit set on filing this civil suit.

Generally there is a time limit of two years from the actual date of death in Texas. After that, the person or family loses the right to sue for wrongful death - forever. This statute of limitations varies from state to state -and if you have any question about the statute of limitations it is best to contact a wrongful death lawyer in the state in question and find out.

If you have suffered the loss of a loved one - do not wait to seek legal counsel. Hire an experienced wrongful death attorney as soon as possible while evidence is fresh and before any opportunity to recover damages is lost.

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" »

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" »

Drinking and driving is the cause of slightly less than half of all vehicle fatalities in this country - a figure that has shown a decrease of nearly twenty percent in the past three decades.

However, with anywhere from 15 to 20,000 deaths attributed to drinking and driving and drunk driving accidents- I feel compelled to revisit various related topics on a regular basis. Let us consider alternatives for those who may ponder drinking and driving.

Many people make a visit to their favorite watering hole a part of their daily routine. Thousands and thousands of people stop for a drink after work through the week and on the weekend. In fact, drinking is a pastime in itself for many people - college aged students on up.

Besides that - you can grab a drink almost anywhere - they even have bars in some of the more upscale movie theaters so you can imbibe while watching the latest release.
My goal is not to cast aspersions on the act of drinking or drinkers in any way.

But drinking and driving simply do not mix. So any of the following choices are wise decisions for those who have had a cocktail or two:

*If you have had too much to drink then call a cab and leave your car locked in a well-lit, 24 hour lot. The cost of overnight parking pales in comparison to a drunk driving incident.

*Let a friend drive you home. Choose a designated driver before the evening starts - that person has promised to avoid drinking and make sure that the 'party' gets home safely.

*Stay in a hotel or motel if you've had too much to drink. Today's cell phones allow you to locate the closest place, call a cab and reserve a room within a moment or two. Sleep it off before trying to drive.

*Party or drink at home. Avoid being in a position where you are tempted to drive at all.

Continue reading "DWI - Just Don't Do It" »

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" »

While we often discuss fatality statistics stemming from semi truck accidents that occur across the state (on a regular-daily-basis) we spend less time considering the fact that these accidents also lead to catastrophic injuries that permanently alter a person's quality of life.

Besides the fact that thousands of people die annually from semi collisions calamitous afflictions include loss of limbs, paralysis and traumatic brain injury. In additiion victims of semi truck accidents may remain in a lengthy coma - perhaps never to awake, or suffer other brain traumas that would affect their speech, memory or ability to think and comprehend. Permanent physical handicaps are also a common result of a semi truck accident.

What most people fail to realize (unless you are the family member of a semi truck accident victim) is that not only is the quality of life of the person who was in the accident forever altered BUT SO IS THAT OF ALL FAMILY MEMBERS. Holidays will never be the same - in fact, day to day living will never be the same.

Either those who suffer catastrophic injuries are placed in permanent rehabilitive facilities - or they are cared for in the home - each of the alternatives places a burden on those closest to the victim.

In the end, nothing good comes from semi truck accidents. They forever alter quality of life and no matter what happens in an 18 wheeler accident lawsuit many lives have been forever changed.

Continue reading "Texas Truck Accidents Alter Quality of Life " »

A division of the National Highway Transportation Safety Administration is charged with keeping statistics about all things vehicle related - no matter how seemingly obscure.
The number - a little more than 40,000 - represents vehicular deaths last year.

But these deaths are further delineated by a variety of factors. In all, over 17,000 of the fatalities were the driver and slightly less than 7000 were passengers. Forty four hundred motorcyclists died as well as 4 thousand pedestrians. Six hundred and 30 bicyclists were also killed.

Last year Americans but over 2 billion miles on their odometers - our population figures hover around 300 million men, women and children. Vehicle fatalities continue to decline a little bit each year. In a recent year there were 1.3 fatalities for every hundred million vehicle miles traveled.

While the number of persons killed in single vehicle accidents involving a large truck has declined slightly - this is a statistic that seems to be stuck - and the same holds true for persons killed in multiple vehicle accidents involving a truck as well.

The truth of the matter is that there is little chance of walking away from a large truck accident (at the very least) uninjured let alone surviving it. There is no comparison between the weight and bulk of a semi and an automobile - and the survivability rate is the same for passengers and drivers of vehicles other than the truck - that is to say it is poor indeed.

One of the reasons the government keeps statistics is to develop new safety plans and procedures. In many instances fatality information does play a role in new car designs but when it comes to semis - well, that 's a whole different ball game.

Continue reading "40,000 Fatalities in US Highway Accidents Last Year" »

More and more research is confirming that the newest deadly problem facing drivers is what has been termed 'distracted driving'.

In fact, some studies argue that it is replacing drinking and driving as the biggest reason for automobile and truck fatalities on today's roads. With all the data that continues to be accumulated - this statement is hard to argue against. But before we talk facts and figures consider the reality of the following two incidents reported.

A high school boy in a nearby state who recently got his license was driving himself and friends to school - music blaring, everybody moving to the music and enjoying the freedom like no other that comes with being a teenage boy with your own car. A friend pulls up beside him - engines revving they decide to show off a little and race to the school parking lot. One car loses control and one teenage boy loses his life. One young man had to have extensive reconstructive surgery - no one is left unscathed emotionally.

Elsewhere a mother was alternately holding cell phone conversations with two children back and forth - putting the finishing touches on the after school schedule of who, what, where, when and why. She failed to see a stop sign - went through and was struck from the side. Sadly, she will be making no more schedules.

Distracted driving statistics now run as high as 20% percent of highway fatalities or - in real numbers - about 6000 persons killed last year alone in distracted driving accidents.

As a Texas personal injury attorney I am afforded a front row seat to the carnage - and the devastation left in its wake from distracted drivers.

Don't drive distracted because it may be the last time you drive.

Continue reading "Don't Drive Distracted!" »

The Courier news reports that almost 2 years to the day after a truck accident killed a 32-year-old woman and injured her husband and son, a court awarded $6.5 million in the wrongful death lawsuit.

The woman was with her family on the way of a family outing when the family vehicle was rear-ended by an 18-wheeler. According to the published reports the truck driver was under the influence of drugs at the time of the wreck.

The truck driver had previously pled guilty to aggravated driving under the influence of drugs and is serving a 45-month sentence on that charge.

The husband of the victim also had substantial injuries from the 18-wheeler accident and the award included his personal injury claims and those of his three-year-old son.

The compensation was broken down as 4.7 million for the wrongful death of the 32-year-old woman, 1.5 million for her husband's injuries and 300,000 for their son according to reports.

Additionally, the lawsuit alleged numerous safety violations on the part of the owners of the tractor-trailer including failing to drug test their drivers or performing background checks, obtaining to driving records and other infractions were alleged.

Continue reading "$6.5 Million Award in Truck Accident Lawsuit" »