Houston Truck Accident Lawyer Blog

One third of teen's text over 100 times a day-

A recent study by the pew Internet and American life Project has determined that tech texting has been experiencing exploding growth. A teenage boy or girl with a cell phone will on average text about 100 times a day, according to the study.

With this explosion of texting by teenagers come numerous social ramifications and also some serious safety ramifications. A student can text in class, at home with parents unaware or almost anywhere undetected.

In a poll a large percentage of teenagers indicate that they sleep with one next to their cell phones. Certainly that is the case in my home with my teenage boys.

Numbers as high as 5000 text messages per month are common and more likely the norm for some teenagers. Researchers indicate that texting is the new Mecca of social communication for teens.

The study also found what we all know and that is boys are different than girls, in that boys frequently do not use punctuation while girls are more careful in their communications.

At my home the majority of text messages are "k" short for ok and "ru" short for are you or "gtg" short for got to go!

While it may take some time for the social ramifications of texting to fully show, the safety issues are crystal clear right now. For teens to text and drive a car is extremely dangerous and the equivalent of giving up 3 car lengths of safe distance (in distraction time).

Continue reading "Teens and texting- a car accident waiting to happen" »

On the north freeway in Houston near the FM 1960 intersection a semi truck jackknifed causing a six-car pileup today.

About 1 PM in the northbound lanes of I. 45 a big truck jackknifed across the traveled lanes and blocking the roadway. The result was a massive mess, which according to reports pretty much shut down the Houston highway.

According to Harris County Sheriff's office and the debris from the truck wreck spread out for about half a mile.

Jackknife truck accidents happen when the tractor is traveling at a different speed than the trailer. This occurs when there is rapid breaking or an evasive maneuver by the truck driver.

Because a semi truck is a combination of tractor linked to the trailer maintaining the trailer speed at the same rate, as the tractor is critical to the safe operation of the rig.

A jackknife can be especially dangerous when the loss of control occurs across oncoming traffic.

It has been my experience that drivers coming from the opposite direction have little, if any, chance of escaping serious injury or death when confronted by an 18-wheeler coming across their lanes of traffic at highway speeds.

Continue reading "18 wheeler accident leads to 6 car pileup in Houston" »

It is a sad reality that hundreds of lives are lost on Houston freeways each year. Perhaps the hardest thing to understand is that many accidents could be prevented if drivers simply focused on the road ahead of them with an air of caution.

More often than not, though, if you glance at the vehicles around you - you will find drivers who are distracted. They are giving their attention to any number of activities. If you're looking you'll observe drivers who are putting on make-up, doing their hair, chatting it up on their cell phones, dining on any number of fast food delicacies, changing stations on a radio, mediating childhood tiffs in the backseat, or putting movies in the dvd player.

I've even seen automobiles equipped with satellite televisions in the front so the driver can watch television while he's motoring! What does this add up to? The result is hundreds of near misses on the highways and an average of one death a day in our fair city alone.

This begs the question - what can be done? In today's tight economic times it's unlikely that there would be a greater police presence on the roads that could act as a deterrent to this problem.

I suggest there needs to be a massive and very public relations campaign to rival that put on by the MADD organization. Only this one would graphically inform people that distracted driving is no less dangerous than drinking and driving - with the same deadly consequences.

Continue reading "Distracted driving-its our biggest challenge" »

High profile Houston truck accident attorney Greg Baumgartner has been retained as Houston trial counsel in a truck accident case involving California residents represented by a prominent Southern California personal-injury law firm.

The plaintiffs, an elderly couple were rear-ended by a dump truck while stopped at a stop sign. The insurance company for the truck driver has taken a hard line with the plaintiffs and has offered very little to resolve the case. The couple sustained neck and back injuries and their car totaled.

The truck accident lawsuit will be filed in Harris County and a jury requested.

More and more often, insurance carriers are taking hard lines on auto accident claims and truck accident cases. Often offering very little in the way of pain and suffering or for human damages. Much of this is due to the recent radical tort reform that Texas passed five years ago. Some of it is from the take it way from me approach the insurers use with computer program valuations.

The tort reform package in Houston resulted in insurers treating victims and their families with disdain, while having no impact on reducing premiums.

Fortunately, Texas has not done away with personal injury lawsuits altogether. Victims of another person's negligence routinely comment on how unfair Texas tort reform is to the innocent party once they are injured in an accident.

Continue reading "California law firm hires Greg Baumgartner for truck accident litigation" »

According to reports, a pickup truck was involved in a truck accident with a school bus this week and the pickup truck driver died. Five children and the school bus driver were taken to the hospital with injuries and reports thankfully have all in fair condition.

The disparity in size and weight between buses or other commercial vehicles and pickups in passenger cars can be most dangerous for the smaller vehicle. However, with school buses particularly in those without seatbelts, children can easily get hurt.

Texas has recently passed and unfunded initiative, which requires that each school bus purchased by a school district after September 1, 2010 have seatbelts. But the initiative only kicks in if the legislature provides sufficient funding. To date
It is my understanding that the funding has not been secured for all such purchases.

Texas is to be commended for enacting such initiative and for the funding that has already been arranged. While safety advocates have been seeking seatbelts in school buses for years I am delighted to see Texas as one of the leaders in the country on the issue.

Continue reading "School bus accident leaves one dead end injures five children" »

In Houston, Texas the drunk driver capital of the United States another victim of suspected drunk driving was critically injured last night.

A local man was in critical condition Sunday morning after being struck outside a local nightclub in the parking lot. Authorities indicated the driver of a Ford Mustang hit the victim at a high rate of speed in the parking lot of the Escapade nightclub off the Eastex Freeway.

The man suspected of drunk driving apparently lost control of his Ford Mustang and struck the victim causing great bodily harm. The victim was taken to Ben Taub Hospital and is reportedly in critical condition.

Houston has a great many drunk driving accidents and fatalities, and Texas leads the nation as the state with the most alcohol related fatalities from car accidents. In 2008 alone over 1400 people lost their lives in Texas due to drinking and driving. That's over 43% of all car accident fatalities in Texas.

It is important to note that not all drunken-driving fatalities are the fault of the drunk driver. Sometimes the alcohol impaired driver just happened to be another car on the road at the time of the crash. However, as one would expect, the single greatest factor in traffic fatalities in Texas is the drinking driver.

Teenage boys and girls are the leading victims in drunk driving accidents. Of all the risks for teenagers, drinking and driving is the highest. Parents, please do your best to communicate the risks to your children of drinking and driving and also the consequences of writing in a car with a drinking driver.

Continue reading "Houston man in critical condition after being struck by suspected drunk driver " »

A high school football coach with more than 200 wins for his teams died in an afternoon truck accident. DPS is investigating the accident but reports indicate that the coach's truck may have left the roadway and rammed into an embankment.

Reports indicate that the coach apparently died at the scene. There is no other explanation of the accident. The coach had coached for three different high schools over his lengthy career.

One of the most influential people in young men's lives is their coach from sports. Especially, at the high school at age when many young men seem to have less interest in parents advice, but listen closely to their coach.

The discipline and commitment that some coaches gift to their athletes can well serve the young men and women going forward in life.

Continue reading "Revered high school football coach dies in truck accident" »

Semi truck accidents on Houston roadways are certainly the most difficult type of collision to contemplate yet the reality for hundreds of victims annually.

A review of statistics offered through the National Center for Statistics and Analysis related to semi truck accidents provides some alarming data.

Eighteen wheelers account for only three percent of registered vehicles in the Houston area but are the cause of twelve percent of fatalities!

In a recent year over 4600 semi trucks led to over 4200 deaths nationally. Locally the number of big rig accidents was just shy of 1200 - a number that dwarfs all other counties in Texas.

Nowhere else would these statistics be accepted with less fanfare? Cancer, AIDS, and even diabetes draws more attention and alarm than the annual loss of 50,000 Americans in highway crashes.

Continue reading "Semi truck accidents account for 12% of Houston area traffic fatalities! " »

The emotional trauma experienced by victims of semi truck accidents and their families can be nothing short of brutal.

National statistics from the Federal Motor Carrier Safety Administration offer that there is a fatal semi truck accident every 16 minutes on American roadways.

As mentioned in previous blog posts, there is an average of one semi truck fatality a day just on Houston freeways alone.

Under these circumstances - it would not be out of the realm of possibility to suggest that anguish and suffering is at epidemic proportions across the country from this singular type of accident. It is note worthy that many truck accidents are not the truck drivers fault, but because of the size and weight of a semi truck almost any accident with an 18 wheeler can be devastating.

It is interesting to note that research has determined that most semi truck accidents occur on rural roads during the day ON DRY ROADS. The article goes on to say that driver fatigue, unsafe vehicle operation, speeding and large, unstable loads caused an increase of 10% of fatal crashes over a ten year period

Continue reading "18 wheeler accident lawyers are necessary to help police the industry" »

In an excellent article by Houston Chronicle writer Yang Wang the growing problem of Houston hit and run automobile accidents was outlined. In the expertly researched article Ms. Wang identifies over 100 people killed or seriously injured in hit and run accidents in Houston since 2008.

The article goes on to explain that only about half of the hit and run accidents end up with cleared case prosecutions. In other words, in only about one half of the hit-and-run accidents is the driver found.

This clearly is a growing problem for Houstonians and one that leaves many victims with out justice civil or criminal.

Even when the hit and run driver is located the prosecution of such cases is difficult according to sources quoted by Ms. Yang.

I compliment the Chronicle and Ms. Yang as well as staff writer Lise Olsen who contributed to this article.

For a map showing the locations of the hit and run accidents see below:

blogs.chron.com/newswatch/2010/04/houston_hitandrun_mysteries.html#more

It is my suggestion that one way to decrease the number of semi truck accidents is to increase federal regulations that require unfit and unhealthy truck drivers to give up the profession.

In this tough economy there can be no question that greater numbers of semi truck drivers have a variety of medical conditions that should - and would, with greater oversight - preclude them from climbing behind the wheel of an eighteen wheeler.

Certainly not all semi truck drivers demonstrate a careless disregard for the law but, instead, are not aware of the seriousness of a medical condition they may be exhibiting. Currently, commercial truck drivers are only required to obtain a physical every two years!

However, even as the federal government has been lumbering in their oversight of the commercial truck driving industry recent developments give heart that slowly but surely long-term improvements in the safety record of semi truck drivers will occur.

Let me refer the reader to the FMCSA website. The FMCSA or Federal Motor Carrier Safety Administration was established as a separate administration within the U.S. Department of Transportation. It is charged with developing Federal regulations that establish safe operation requirements for commercial vehicle drivers, carriers, vehicles, and vehicle equipment.

On January 1, 2009 the FMCSR issued a ruling that now requires states to merge as a single electronic record their commercial driver's license information with the driver's medical examination certificate. The goal is to streamline information and allow for instant access by state and federal officials. Not a bad idea in my opinion!

Continue reading "Prevent truck accidents by safety regulation" »

The Houston truck accident lawyer - Greg Baumgartner settled a truck accident case for a confidential amount today. The case stemmed from an 18 wheeler accident that occurred in July of 2009.

A California trucking firm was transporting heavy equipment through Houston when the truck driver changed lanes clipping the plaintiff's car and totaled it out.

The defense in the in the case claimed the accident was the plaintiff's fault and that plaintiffs damages did not amount to what was claimed by the Baumgartner law firm.

Just prior to litigation, the insurer for the trucking company reached a confidential settlement with the Baumgartner law firm.

Continue reading "The Baumgartner law firm settles trucking case" »

With an average of one semi truck accident a day on Houston's freeways - that often results in bodily injury if not a loss of life - the issue of semi truck safety is always relevant and will be the topic for this entry.

One organization Road Safe America is devoted to creating safer roads across the United States. Their focus is on improving the training for commercial truck drivers - a move they believe will improve safety for everyone who ventures onto the highway.

RoadsofAmerica.org purports that the responsibility of a semi truck driver is comparable to that of commercial airline pilots and thus requires an in-kind level of training.

One cannot argue the vital role commercial truck drivers provide to our economy but a comparison of the rules and requirements of each field are no less than shocking.

For instance, while there are only half a million commercial airline pilots in this country there are over ten million commercial truck drivers.

An airline pilot is federally restricted to fly no more than thirty hours a week while a semi truck driver can be on the road seventy seven hours a week - or eleven hours a day. Anybody that has taken a long road trip knows that tedium and fatigue begin to work against safe driving after several hours behind the wheel.

A figure of eleven hours is outside the boundaries of an average workday and frankly, in my opinion does not make sense.

Continue reading "Truck driver's hours of service rules don't make sense!" »

This is a question that many people asked themselves after they have been injured in an auto or truck accident. Particularly when an adjuster calls and indicates it looks like the accident was their insured's fault and that compensation should be forthcoming.

The reality of the situation is that the adjuster is paid to pay as little as they possibly can for the claim. If the adjuster pays $.20 on the dollar, he or she may very well earn a bonus for the quarter.

Many people call the law firm after such assurances by an adjuster only to learn that what the adjuster had in mind for reasonable compensation was really a joke. It is then, often six months to a year later that the people first realize they need a reputable personal injury lawyer.

Unfortunately, the longer the victim waits to seek professional help on his truck accident case, the more damage done to the insurance claim.

Critical evidence that was available early on is often now gone. Witnesses have been interviewed with leading questions designed to shift responsibility from the truck driver to the victim. Crash data often is lost in the shuffle. Trucking companies only have to keep select documents so long.

Continue reading "Why hire a truck accident lawyer?" »

This Friday, the federal motor carrier safety administration issued a new rule that would apply to truck companies with serious patterns of hours of service violations.

The rule had been proposed a long time ago. Recently however incidents such as the 11 people that were killed in one truck accident, have brought us this new truck safety rule.

Professional truck drivers under the regulations can only drive for 11 hours or less on a shift and cannot be on duty for more than 14 hours. These rules were important to protect the public from accidents caused by tired drivers.

Given the crunch in the economy, high fuel prices and ever increasing fixed costs for truckers many violate the hours of service rules for monetary reasons.

With the price of GPS devices dropping monthly, there is no reason why all trucks could not be equipped with such devices. This rule clearly is a step in the right direction and according to the FMCSA almost 6000 interstate trucking companies will be using GPS recorders after the first year of the regulation.

Using technology for truck accident safety only makes sense. Not only will a trucking company be able to implement a better safety program with these devises and will benefit because the cost of the safety program will drop.

The new rule will go into effect on June 12, 2012. While some criticize the new rule as not strong enough, others are mad about the extra regulation.

There are approximately 750,000 trucking companies in America. Each year thousands of families are torn apart in auto accidents and truck accidents. With the size difference between an 18-wheeler and a passenger vehicle shouldn't we error on the side of safety?

Continue reading "FMCSA -- new rule requiring onboard computers for some truck companies" »

A semi truck driver ran into the back of a state vehicle that was working on a roadway. The tractor-trailer then flipped on its side and block the roadway.

Fortunately, police arrived and found the truck driver under the influence of alcohol. Police arrested the driver and according to reports cited him for DUI and reckless endangerment.

Truck drivers are held to a higher standard because of the increased dangers involved with large trucks. The trucks can weigh up to 20,000 pounds and take longer to stop then the passenger car.

Recently, an 18 wheeler accident killed 11 people. It is this kind of destruction that requires strict regulation of trucking companies and their drivers. Drivers who violate the hours of service rules or the substance use rules are a time bomb waiting to explode.

Not long ago, a Brazoria County jury sentenced a truck driver to prison for manslaughter in connection with an accident where the truck driver ran into the back of a stopped car. One person was killed and another seriously injured.
My post on that can be found at:
http://www.houston-truckaccidentlawyer.com/2010/03/truck-driver-found-guilty-of-m.html

Continue reading "Truck driver arrested for drunk driving after truck accident" »

It is the unfortunate reality that hundreds of accidents occur on Houston roadways annually. Worse is knowing that most of these accidents could have been prevented with a little - if not an abundance - of caution.

The scope of the problem can be considered to be at epic proportions. In a recent year over four hundred deaths in Texas occurred due to accidents between semi tractor trailers and automobiles.

In simpler terms - an average of fifty large truck accidents happen on Texas roads every single day - one of which results in a fatality on a daily basis.

The occupation of semi truck driver has stressors unique to the job. Moreover, the trucking industry is designed to encourage drivers to take unnecessary risks in order to increase their earnings.

Most commercial trucking companies have structured their pay scale so that the driver gets paid for moving goods between two points as quickly as possible.

In short, the more trips a truck driver makes the more money he is able to earn. Unfortunately this has led to a number of risky behaviors on the part of semi truck drivers that can lead to tragedy.

Speeding and aggressive driving, fatigue and poor vehicle maintenance are some examples of hazardous driving demeanors that will nearly guarantees tragedy will ensue.

When an accident occurs because of ones negligence then they should be legally liable for any and all damages. Unfortunately, in Texas most folks believed the misstatements and false promises of tort reformers and could never believe that an auto accident or a truck crash will injure anyone in their family.

Continue reading "Texas has one fatal truck crash every day" »

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Around the Houston area there are semi-truck tractor trailer accidents nearly every day. Some of these result in death and others result in bodily injury.

Truck wrecks always leave property damage in their wake as well as traumatized victims and witnesses. Bodily injury is at the same time both a broad and vague term. It cannot begin to explain the hundreds of different afflictions that may be short or long term and cost tens of millions in medical treatments annually.

As always, this injuries is a topic that is difficult to discuss but if it causes just one reader to alter a bad driving habit then it has served a purpose.

Due to the sheer size and weight of a semi tractor trailers the accidents caused by them are usually catastrophic.

Broken bones are only one small type of injury passengers might sustain in a collision. More often neck and spinal cord injuries are the result of a semi truck accident.

Many accident victims receive permanent and debilitating impairments - deformities that alter lives forever. Some are left without the ability to walk - requiring the use of a wheelchair and others never regain consciousness but live in a continued vegetative state. Still others may suffer through an amputation because doctors are unable to save the limb.

Continue reading "Houston truck accidents happen every day. " »

As recently as last week a semi tractor trailer accident resulted in the fatal death of its driver on a local Houston highway. According to reports, the cause of a collision between two eighteen wheelers was speed.

The first rig was traveling at an excessive rate and the driver lost control of his vehicle. It hit a semi truck in front of it and flipped on its side. The driver of the second semi was not injured but his truck caught fire and was a total loss. The driver of the first rig was pronounced dead at the scene.

Semi truck accidents are all too common both locally here in Houston as well as on the nation's roads.

The worst thing about many 18-wheeler accidents - besides the loss of life and emotional trauma of the families of the dead - is that most accidents are easily preventable.

What is required is that driver's behave responsibly behind the wheel. Traffic fatalities serve as a reminder - to those who either witness the accident first hand or experience it in another way - that automobiles and big trucks are dangerous machines and should be handled as such.

Cautious driving is always in order.

Continue reading "2 semi trucks crash in Houston one dead" »

Did you know that there are a series of steps one must take when involved in an automobile accident to protect yourself and your rights? Let us consider these in this blog post.

Automobile accidents take many forms - it could be 2 or more automobiles involved in a collision, a truck-car accident or even one that involves a pedestrian. No matter what type of collision you are involved in follow these easy suggestions.

Immediately following an automobile accident the emotions of everyone involved are running high. Try to stay calm. Never...ever leave the scene of the accident - whether you caused it or not. The exception to this may be if the accident occurred in a deserted area - if it appears that the other driver's intent is to do harm then call the police and drive to the nearest police station. But the general rule is never leave the scene of an injury accident.

If you are able - check on the condition of the other drivers and passengers then immediately call the police. While waiting for their arrival you may want to exchange information such as the name of your insurance companies.

However,...and THIS IS VERY IMPORTANT...do not apologize for anything at the scene. This may result in backing yourself into a corner in terms of legal responsibility.

Finally, get the names and numbers of any witnesses to the accident - something the police will do as well.

Continue reading "Auto accident safety suggestions" »