Houston Truck Accident Lawyer Blog

According to the Texas Department of Transportation "DOT" the majority of car accidents in Texas are the result of speeding, failure to yield right of way, DWI, following to closely or running a stoplight or sign.

The Texas DOT offers the following best ways to avoid a car accident:

• Slow down and drive to conditions
• Drive friendly
• Follow at a safe distance
• Keep a look out at intersections
• Use your turn signals
• Stop at red lights and stop signs
• Never drink and drive

Almost every one of these recommendations by the DOT to avoid a Texas car accident can also be summarized as simply as pay attention while driving.

Much has been in the news recently about the dangers of texting while driving as a cause of car and truck accidents. The government made texting by truck driver's illegal and others see the same regulation by States to every driver. If it's dangerous for truckers, it's dangerous for us.

While 18-wheelers due to their size and stopping distance require extra caution and professional drivers, all of us can learn from the recommendations of the DOT.

Drive friendly, your work will be waiting when you get to the office, if you are late for a dance recital, or a peewee ball game, it will go on and you will have other games.

One fun way to reduce the stress of a commute or rush hour traffic is to see how many times you can help another motorist, in lieu of worrying about a driver trying to cut in on you. You will feel much better when you arrive and also increase your long-term chances of not being in a serious Houston automobile accident.

A garbage truck backed over one of the workers who were hauling trash, and the man died at the hospital. While the police are investigating the incident, large trucks often have problems seeing what is behind them when backing up.

Recently, a man was backed over at a beer distributorship in a Houston truck accident and killed.

Many newer automobiles and pick up trucks have rear view cameras built in to show a driver exactly what is behind them. The technology exists and I believe it should be adopted and made mandatory for commercial vehicles. Many new trucks including dump trucks now use back up cameras.

Numerous workers have been killed in recent times with backing up dump trucks even when equipped with audible alarms. A recent study of methods to reduce fatalities in backing up vehicle accidents, found back up cameras effective but required work on placement on dump trucks ( finding the placing the camera on the side of the dump truck most feasible). A caution was given to keep the camera lens clean.

Various sensors and other early warning devises were also tested and showed some effectiveness in reducing truck accidents.

Each year, in residential settings cars and trucks back over and kill or seriously injury many small children who are not visible in the rear view mirror.

Many stores such as Wal-Mart sell wireless backup cameras that are easily installed and sell for under a hundred dollars.

Several new organizations have popped up to combat the rise in car accidents due to cell phone use. As previous reported, Focus Driven is one such organization whose efforts at raising the awareness of the dangers of use of hand held electronics while driving have been extremely effective.

Other web sites have been launched to combat auto accidents while texting including the official US Government web site for distracted driving.

In 2009 NHTSA published a research note stating among other things:
• Driver distraction was involved in 16 % of fatal crashes
• The under 20 age group is most likely to be involved in a fatal distracted driving accident
• 21 percent of injury accidents is estimated to be attributed to distracted driving

It is worth mentioning that secondary distractions such as eating, drinking, and interaction with electronic devises (stereo, DVD's ) also is a part of the statistical analysis in addition to cell phone use email or texting.

Many States and Municipalities have enacted some form of texting or cell phone restrictions while driving. In an effort to become more uniform in approach the DOT released a sample bill for prohibiting texting while driving.

I believe that only legislation at the State level will be effective in reducing automobile accidents in Texas and across our nation. If our representatives take action at the State level coupled with a Texas advertizing campaign similar to "don't mess with Texas" or "click it or ticket" we would have less automobile accidents on our Texas roadways.

Is Texas behind the curve in dealing with reducing auto accidents involving texting?

Recent news reports indicate that Toyota received a grand jury subpoena from a federal court in New York seeking documents over the unintended acceleration in recalled vehicles and other documents.

Also it is reported that Toyota received a subpoena from the SEC last week.

The real uproar stems from reported allegations that internal documents may infer that Toyota has put profits ahead of American's safety related to a negotiation Toyota had with the government over an investigation.

A former attorney for the automaker has alleged in a lawsuit that Toyota concealed evidence, destroyed data and conspired to obstruct justice in defending itself against injury lawsuits involving vehicle rollover, it has been reported. Just more bad news for Toyota in what has boiled down in the last few months to a public relations nightmare.

While recent television adds by Toyota focus on a responsible and safe image, the negative news reports keep chipping away at it's a long and prosperous track record.

Other auto manufacturers have been the subject to claims of concealed evidence in the past from former employees, and when the allegations become known and if verified the automakers tend to face increased scrutiny from both Federal and State Courts and that can impact claims against Toyota in unintended acceleration lawsuits.

With anticipated testimony to congress over safety issues it looks like the fireworks are set to blow and, in my opinion, the fallout will and should include regulators who were charged with responsibility of protecting Americans. Its one thing to blame Toyota for its actions but the buck should not stop there- if regulators are more interested in appeasing manufacturers than protecting the public- we need to redefine their roles.

Numerous personal injury and wrongful death lawsuits have recently been filed against Toyota.

A trucker lost his load on a Houston highway today causing a massive traffic jamb. The truck accident shut the entire freeway down for 45 minutes.

The 18 wheeler was carrying steel that ended up completely blocking the highway, according to reports; the truck driver was cited for failing to secure his load, a violation of the Federal Motor Carrier Safety Regulations (which Texas has adopted).

The Federal Motor Carrier Safety Regulations provides that no person shall drive a commercial motor vehicle and a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless the motor vehicles cargo is properly distributed and adequately secured as provided in the regulations.

Not only is a truck driver legally responsible for his load his employer (the trucking company) is also legally responsible for insuring the load is properly secured.

If a Houston auto accident is caused by a truck losing a load the truck driver and his company may be held accountable in a car accident injury claim.

In the times where the load of a truck contributes to an accident, the companies who actually loaded the rig are potential responsible parties in a truck accident injury lawsuit.
The regulations are very specific as to the duties of the driver, the truck company and those who load the rig.

Not only is the public at risk for an improperly loaded commercial vehicle, but the truck drivers themselves can be seriously injured or killed due to an improperly secured load.

A 41-year-old woman was being held on charges of hit and run and driving while intoxicated with a minor in the vehicle. Authorities indicated that the woman allegedly was talking on her cell phone when her vehicle left the roadway striking a parked car.

Witnesses to the accident blocked the woman from leaving and called officers according to reports.

According to NHTSA, Texas rates 10th out of all 50 states in drunk driver car accident fatalities per miles traveled on the roadways. Montana leads the nation, in that statistic while Vermont had the best numbers.

Mothers against Drunk Drivers reports that 3 out of every 10 Americans will be involved with a drunk driver car accident in their lifetime. Almost 12,000 people lost their lives in accidents with drunk drivers in 2008 alone. MADD has an aggressive campaign to eliminate the drinking impaired driver on our roadways. You can learn more and contribute at the MADD website.

In Houston drunk drivers are a leading cause of serious car accidents.

Continue reading "Drunk driver held on charges" »

Two people were injured in an accident with a tractor-trailer due to an unsafe lane change according to reports.

State troopers indicated a 2009 Peterbilt semi truck made an unsafe lane change striking a pickup on the drivers side and causing the driver to lose control, hit a median and flip over. The accident snarled traffic for an hour and a half while the wreck was cleared.

The two occupants of the pickup were taken to the hospital and it is unknown at this time the status of their injures.

It is extremely common in 18 wheeler accidents in Houston, that do to the size of the rig, the truck driver does not see another vehicle when changing lanes.

Reports indicate that a Trace Adkins tour bus on the way to Shreveport hit another vehicle head on leaving two people dead.

The bus accident happened on Highway 71 northbound in Louisiana, and according to reports, investigators believe the pickup truck crossed the centerline and hit the bus head on, with witnesses observing reckless driving prior to the truck wreck.

The two occupants of a pickup were both killed and several band members had minor injures.

bus crash

A Texas man was killed after his semi truck slammed into an overpass on US highway 50 outside of Hutchinson Kansas. The one truck accident happened about 12:30 on Thursday.

For unknown reasons the semi crashed in to a concrete column of the overpass killing the man. It took over an hour for rescue workers to get the man out of the truck.

The semi truck accident is still under investigation by the Kansas highway patrol. The Kansas Highway Patrol's Critical Accident Response team was dispatched to the accident site and was still on the scene 6 hours after the wreck. The Kansas Department of Transportation was also called to the scene.

The semi truck was from a Texas trucking company.

Continue reading "Texas trucker killed in tractor trailer accident" »

A man was charged with intoxication manslaughter, stemming from a Houston car accident according to authorities.

The sheriff's office reported a man who had been drinking caused a wreck on Highway 6, in northwest Harris County and that a woman suffered fatal injury.

The man was speeding and driving with out headlights on at the time of the car wreck according to a witness it is reported.

The passenger of the car he smashed into was pronounced dead at the scene and the driver was transported to the Hospital.

As previously indicated alcohol use is a leading cause of fatal car accidents.

The LBJ freeway was a mess when a big truck accident blocked the westbound lanes. The 18 wheeler was hauling a load of paper and when the truck accident happened, the truck flipped, spilling out some diesel fuel onto the highway according to Dallas morning news.

Due to the diesel on the highway Haz-Mat crews were dispatched to clean up the fuel. Fuel on the roadway is extremely dangerous because it is slippery and can cause unsuspecting motorists who hit a patch of fuel on the road to lose control of their vehicles, similar to hitting an ice patch (for those of you who have driven up north).

When fuel is spilled on the roadway crews shut the roadway down until it can be cleaned up due to the increased danger.

In another report today, an 18 wheeler flipped on Texas Highway 44 spilling an estimated 25 gallons of fuel on the roadway shutting down the lane of traffic for 4 hours.

Continue reading "Dallas highway traffic stalled by 18 wheeler accident" »

A truck driver was thrown in jail after a semi truck accident, which occurred on Sunday evening. The truck wreck damaged an overpass and reportedly caused several other collisions.

The driver 64, and his trucking company both face violations relating to carrying an oversize load with out a permit, and for numerous equipment violations,

The truck with oversize loading struck power lines, a traffic signal and the overpass before finally being pulled over by state police.

Trucks which carry above a specified weight limit must get a special permit to carry the load, those permits are issued by the appropriate States.

In Texas the Texas Department of Transportation can issue oversize permits for trucks including online permits.

Truck Companies are also legally accountable for the condition of 18 wheeler trucks and statutory violations relating to truck loading. In some instances improper loading of a truck can be a cause of an semi truck accident or injury to another without the truck impacting another vehicle.

Shifting loads or improperly loaded trucks are often part of a truck accident lawsuit.

It has been a very tragic weekend in Houston when 10 people died in car accidents in less than one day.

The death toll started with a suspected street race between two trucks, with both trucks losing control and hitting light poles on the feeder road to the Gulf Freeway. That truck wreck claimed 3 lives with a forth person was injured and taken to Ben Taub Hospital.

In another accident, on the Southwest Freeway, a driver going the wrong way was killed and the other driver was seriously injured. Police officers are currently investigating the crash.

A Houston area pedestrian was struck and killed while walking in a lane of traffic, it is reported.

An elderly man died when his vehicle a Toyota Camry left the roadway and struck a tree.

These stories should serve as a wake up call to all Houstonians to be extra cautious when driving at night, and to understand that sometimes things beyond your control may well put you in an emergency situation. Be ready and drive safety.

NHTSA has published a study on drowsy driving that asserts that the largest category of sleepy drivers are young males, ages 16 to 29, shift workers who work at night and people with sleep problems.

While the study provides many statistics, the findings boil down to good old common sense. If you are tired don't drive, if you have sleep problems seek help from a qualified medical provider, and do not drink

Continue reading "Houston area traffic accidents claim 10 lives in 24 hours" »

A truck driver hauling logs died in a crash after running off the road. The 49-year-old man lost control going around a curve and went down an embankment.

The logs shifted forward during the truck accident breaching the cab of the truck

Continue reading "Trucker killed in big rig accident" »

Sadly, a Conroe team lost his life Friday in a one car accident. The teen was a passenger in a vehicle in which the driver lost control and crashed through a fence and a board smashed through the windshield killing the young man.

Fortunately, the driver survived the crash which totaled the car.

Texas Department of Public Safety is investigating the accident and preliminary reports are that excessive speed may have played a role.

Continue reading "Teen from Conroe dies in one car accident" »

Thursday a 23 year old man from Pinehurst was convicted in a Montgomery County Court of manslaughter over the deaths of 5 people in a 2009 car accident.

Officers indicated that the man reached speeds as high as 117 miles per hour on Highway 249 north of Houston. The vehicle driven by the defendant slammed into vans which lead to the 5 deaths. The man was also convicted of aggravated assault for injuries to a survivor.

The plaintiff, a 39 year old woman who sustained fractures to her ankle; hip and knee sued a truck driver and his company over a truck accident that happened in 2008 when she hit the side of the truck. The woman argued that the truck made too wide a turn and also that the truck driver did not pay proper attention to the other traffic on the roadway.

The jury returned a verdict in the amount of $925,000 but that amount will be reduced by the judge because the jury found part of the fault rested with the plaintiff. The defense argued that the woman did not pay proper attention to traffic and failed to apply her brakes timely.

Driver inattention is the number one allegation in auto and truck accidents in Texas. And inattention is particularly important for professional drivers due to the sheer size of the tractor trailers.

Continue reading "Verdict against trucker in Brazoria County lawsuit" »

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A woman was killed when her Toyota Camry sped out of control and Toyota is to blame according to a recent lawsuit it has been reported.

The suit asserts that the electronic "drive by wire" system of controlling acceleration was a cause of the accident and not the floor mat explanation we have heard from Toyota.

The number of Toyota sticking throttle cases filed in the United States has been rapidly increasing since the Toyota recall.

As reports of unsafe products being recalled finally, after many instances of investigations both by the company and the NHTSA, I call for our current administration to strengthen the regulatory power of NHTSA and change policy to first protect the American consumer then deal with the consequences to the foreign manufacturers.

In Texas, one party's politicians passed "tort reform" giving overseas manufacturers making profits on Texans extra protections in product liability lawsuits, and absolute immunity once the car or truck is 15 years old.

Unfortunately for Texas taxpayers, many of those critically and permanently injured by a dangerous product, made abroad, require lifetime medical care and have no way to obtain it themselves, leaving only Texas taxpayers to pay for the medical care in place of the profit taking foreign company.

To have Texans denied their day in court against the foreign manufacturer due to numerous road blocks placed for one party's political gain, regardless of the callous actions of a foreign company, is offensive to me and does not, in my opinion, well serve citizens of our great State. I call upon Texans to repeal portions of the radical tort reform laws.

Continue reading "Another wrongful death lawsuit filed against Toyota" »

A Beaumont woman survived a wheel from an 18 wheeler smashing through her windshield on Interstate 10 outside of Houston.

Folks reported seeing a wobbly wheel on a tanker truck that came off, bounced around, then struck the woman's car going in the opposite direction. The accident totaled the car.

The trucker pulled over and was interviewed by police. The woman was taken to the hospital for tests and was visibly shaken up according to reports.

As previously reported, truck drivers and their companies are legally responsible for the dangerous condition of a rig, like a wheel coming off, that causes a truck accident. The Federal Motor Carrier Safety Regulations are designed to protect the public and improve truck safety by imposing minimum safety standards truck drivers and trucking companies must follow.

Continue reading "Wheel comes off truck on I -10 and totals car" »

A star of the hit series Boston Legal died in a car accident Monday. Mentell was only 27 at the time of his death and had a promising career ahead of him. Justin was also an accomplished speed skater.

It is thought that the actor fell asleep at the wheel of his truck when it left the roadway and smashed into a tree. Evidence also indicates that Justin was ejected from the vehicle and that he was not wearing his seatbelt.

As previously reported, people who are ejected in car accidents are much more likely to suffer fatal injuries.

Quite a few Texans were without power recently when a power line on Interstate 10 got knocked out. A big rig carrying construction equipment struck a cable strung across I-10 and then two 18 wheelers struck the cable and broke off the power pole, which shut off electricity kfox tv reports.

Power was out for quite a long time for an area of about a mile from the site of the truck accident. According to the power company a bill for the repair of the power line will go to the truck company responsible for the accident. The electric company said power was out for 4900 customers.

Continue reading "Texas 18 Wheeler Accident Knocks Out Power " »

Three children were ejected in a Houston traffic accident this weekend and miraculously walked away with only cuts and bruises. The children were riding with their father when he reports being cut off by another diver and losing control. The accident occurred on Houston's North Loop near Hempstead.

According to the National Highway Traffic Safety Administration (NHTSA), in 2006 sixty five percent of the passenger vehicle occupants 13 to15, 21 to 24 and 25 to 34 years old who died in traffic accidents were not using seatbelts. These three age groups had the highest percentage of deaths stemming from not using restraints of any age group.

Ejection is one of the most dangerous things that can happen to a person in an accident and according to one study by NHTSA seventy five percent of vehicle occupants who were ejected were killed.

Hundreds of children's lives can be saved each year by seatbelts and child safety seats for younger children. Airbags have also saved an estimated 22,000 lives between 1987 and 2006 according to estimates by NHTSA.

Continue reading "3 Children Ejected in Houston Auto Accident" »

The first fatality occurred when a car accident in Houston between a car and a pickup disabled the vehicles on the Eastex Freeway and a semi truck traveling over the overpass did not stop in time and hit the car, killing the woman driver and injuring a passenger who was transported to the hospital.

In another tragedy, a Conroe man's car apparently because disabled on the highway and he was attempting to flag down help when he was run over by the semi truck. Another driver had stopped to help and his vehicle was struck from the rear by an 18 wheeler which continued on to run over the Conroe man. The vehicles were traveling on I 37 outside of San Antonio.

Do to the sheer size of an 18 wheeler, stopping can take quite a bit longer than the typical passenger car and can be a factor in the investigation of a truck accident. Additionally, the condition of the brakes on the big rigs can be an important issue in wrongful death cases where truck braking is an issue in the lawsuit.