July 2010 Archives

July 31, 2010

Accident With parked 18-Wheeler Kills Houston Man

Today in Houston, a man died after the pickup in which he was riding struck an 18-wheeler parked on the shoulder of the road police reported. The truck accident occurred on the 3100 block of West Loop North early this morning.

Reports indicate that a passenger in the pickup truck died at the scene. The pickup driver was taken to Memorial Hermann Southwest hospital for injuries.

The police are still investigating the cause of the accident fatal 18-wheeler accident.

18-wheelers have very specific rules regarding parking on the side of the road. The rules are covered in the Federal Motor Carrier Safety Regulations and provide express guidance to truck drivers parking their trucks.

Many times, truck accidents are a combination of factors all working together to cause the accident. In this case, hypothetically, the pickup driver may be partly responsible for not staying in a lane of traffic. Likewise, if an 18-wheeler driver did not follow applicable truck safety rules the truck driver and the trucking company may be partly responsible for the wrongful death of the pickup truck passenger.

While the specific factors of this accident are unknown at this time, in any serious truck accident it pays to get facts from the scene as early as humanly possible.

Continue reading "Accident With parked 18-Wheeler Kills Houston Man " »

July 30, 2010

Houston Police Officer Crashes into Apartment Complex

A Houston police officer that was responding to a call was injured when she crashed through an apartment complex fence last night. The car accident occurred about midnight Thursday evening.

According to reports, the officer sustained injuries and was taken to the hospital for care.

The cause of the auto accident is under investigation and no report has been issued at this time. One could assume that the veteran officer was trying to get to what has been reported as an assault in progress as quickly as possible to save Houston lives.

Fortunately, no one else was reported hurt from the officers car accident and her injuries do not look to be serious.

The Houston 100 club is an organization that supports families of officers who lose their lives in the line of duty and is a worthwhile organization to support. You can contact the Houston 100 club at 713-952-0100.

Continue reading "Houston Police Officer Crashes into Apartment Complex " »

July 30, 2010

Move Over and Slow Down Law

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Recent headlines on television, newspapers and radio have focused on the number of collisions that occur between moving vehicles and police cruisers that are pulled off to the sides of highways.

In fact, Houston just finished a week long campaign aimed at educating the general population about the recently enacted 'move over or slow down' law which calls for drivers to do just that in the presence of police vehicles pulled off to the side of the road.

The interesting thing is this isn't a new law at all - but one that was passed in 2003! It states that "when a driver sees a police car pulled over to the side of the road with its siren lights on you are legally obligated to either move over one lane or slow down 20 miles per hour below the speed limit".

It would seem that either drivers are unaware of this law or simply wantonly disregarding it because last year alone no less than 26 crashes occurred between highway drivers and police cars and four officers and four drivers in all sustained injuries that sent them to the hospital.

Statistics show that the year before that there were 19 crashes and 3 injuries. At least one third of these collisions involved drunk drivers (truly the bane of our existence!)!

Of course, as with any driving infraction - a disregard for the law comes with legal consequences. Fines range anywhere from $200 to $500 dollars.

One more thing for a Texas driver to be aware of to drive safe and within the law. It is important for us to follow this law to protect those who work so hard to protect us.

I also would like to take this opportunity to plug the Houston 100 Club which is a great organization and provides benefits to families of area officers who are killed in the line of duty.

I am a life member of the Houston 100 club and urge all of you to donate what you can to this worthy organization. Contact the 100 Club at (713) 952-0100 or see them on line at http://www.the100club.org.

Continue reading "Move Over and Slow Down Law" »

July 29, 2010

Safe Stopping Distance

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Often throughout the course of this truck accident lawyer blog we have discussed and reviewed driving safety tips. Today we would like to discuss an very important driving safety principle- maintaining a decent stopping distance between your vehicle and those around you - particularly the vehicle in front.

Perhaps the average driver is unaware of the highly refined equations related to stopping distances for trucks and automobiles. Let's consider some statistics and research on the topic.

According to one reliable authority if a street surface is dry, the average driver should be able to safely decelerate an automobile or light truck with reasonably good tires at the rate of about 15 feet per second (fps). That is, a driver can slow down at this rate without being worried that control of the vehicle will be lost in the process

In addition, "The measure of velocity is distance divided by time (fps), stated as feet per second". For the statistical novice consider the following explanation:

"Velocity is reduced 15 fps every second. If the initial velocity is 60 mph, 88 fps, after 1 second elapsed, the vehicle velocity would be 73 fps, after 2 seconds it would be 58 fps decreasing progressively thereafter.

Given the previous set of conditions, it would mean that a driver could stop a car or pickup truck in a total of 6.87 seconds (including a 1 second delay for driver reaction) and your total stopping distance would be 302.28 feet, slightly more than a football field in length".

A football field is often too lengthy of a span to slow down to prevent an accident. The cautious driver will leave plenty of room between their vehicle and the one in front. It just makes sense.

You should also be aware that stopping distances for 18 wheelers is much greater than cars or pickup trucks. The predicted distances for truck stopping depends on the condition of the brakes, weight of the load, and type of rig. But in every case it takes a big rig much longer to stop.

If you find yourself followed to closely by an 18 wheeler, change lanes if you can or let the truck pass you.

Continue reading "Safe Stopping Distance" »

July 27, 2010

Truck Flips and Closes Katy Freeway

An 18 wheeler flipped over on the Katy Freeway causing Houston commuters much frustration Friday morning.

The truck accident happened on the ramp to the Katy Freeway from the West Loop northbound. The accident shut down the roadway for several hours during peak traffic times.

Alternative routes were selected by many to avoid the snarled traffic. Unfortunately, in Houston such truck accidents occur almost every day. In this case it appears that the only one hurt was the truck driver and reports indicated that his injuries were minor.

Reports indicate that the DPS was inspecting the roadway to make sure that the road and the guard rails did not sustain damage.

Apparently, the 18 wheeler driver was ticketed for failure to maintain a center lane.

When truck drivers flip or rollover the clearing of the roadway takes much longer than in a car accident. Mainly it takes longer to clear the accident site due to the size and weight of the tractor-trailers. Sometimes, a load can get distributed over the roadway that requires extra caution and labor to ensure the roadway is safe for motoring traffic.

Continue reading "Truck Flips and Closes Katy Freeway" »

July 26, 2010

Driving While Drugged

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A much under reported driving hazard is "driving while under the influence of illicit substances".

Regular readers of this blog are aware of my penchant for statistics to support premises and it will be no different as we delve further into the topic of "drugged driving".

According to the National Highway and Safety Administration's (NHTSA) 2007 National Roadside Survey, "more than 16 percent of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter medication.

More than 11% tested positive for illicit drugs--a sign that continued substance abuse education, prevention, and law enforcement efforts are critical to public health and safety."

Further a recent National Survey on Drug Use and Health showed an estimated 10 million people age 12 and older reported driving under the influence of illicit drugs during the year prior to being surveyed.

This corresponds to 4 percent of the population age 12 and older, similar to the rate in 2007 (4.2 percent), but lower than the rate in 2002 (4.7 percent). In 2008, the rate was highest among young adults age 18 to 25 (12.3 percent).

Couple these numbers with statistics of the number of drivers who are intoxicated on a weekend night and it becomes apparent that over a quarter of drivers on the road place you and your family at risk for an auto accident with injuries or worse.

The number of arrests for DWI on any given weekend in Houston, Conroe and The Woodlands are alarming and on a holiday weekend arrests for drunken or impaired driving are off the charts.

Drugs act on the body in much the same way as alcohol. They alter perception, cognition, balance, coordination and reaction times. As with alcohol - the more consumed the greater its impact on the body.

A wealth of studies performed by reputable universities and other organizations confirms that drugged driving places us all at danger in the same way as a drunk driver.

Fortunately, many companies are advancing methods to test for illegal drugs in the system that can be performed quickly and on site. As the methods for detecting impaired drivers become reliable and more accepted, expect to see our police officers with portable kits for checking for impaired drivers.

Continue reading "Driving While Drugged" »

July 22, 2010

4 dead in Interstate 59 truck wreck

A semi truck crossed the median on Interstate 59 and ran head-on into a pickup truck killing all four occupants. The semi-truck driver sustained moderate injuries and was taken to the hospital.

Reports indicate that the 18 wheeler apparently lost a left front tire which resulted in the driver losing control and the tractor-trailer crossing the median and striking the pickup truck.

Both the tractor-trailer and the pickup truck came to rest in the bar ditch.
This tragic accident is an example of the severe consequences that can occur when a truck is out of control. A 20,000 pound vehicle can demolish everything in its path and there is not much anyone can do to prevent serious consequences with the extreme forces involved in a truck accident.

In truck accident fatality cases a trooper and reconstruction team usually analyze the wreck site, the vehicles and the circumstances of the truck accident to determine the cause of the truck wreck.

In this case, officers were inspecting the truck to determine whether the tractor-trailer had equipment complying with the Federal Motor Carrier Safety Regulations.

The Federal Motor Carrier Safety Regulations provide specific rules and regulations for the condition of an 18 wheeler. In addition, the regulations provide stringent inspection rules on both the truck driver and the motor carrier.

Unfortunately, whether or not this specific 18-wheeler complied with the safety regulations there are four people who died due to the loss of control of the truck.

To the family of the four victims my heartfelt condolences.

Continue reading "4 dead in Interstate 59 truck wreck" »

July 20, 2010

Hydroplaning accidents

Help avoid a truck or car accident in wet weather by driving at reduced speeds and heeding safety guidelines.

If you hit a patch of water on the highway and it feels as though you are not in control you probably are hydroplaning.

Hydroplaning happens when the volume of water is not allowing your tires sufficient contact with the roadway. When that happens, you may be skidding or drifting out of your lane.

Texas Department of Insurance recommends you do the following to avoid a hydroplaning accident:
• Do not brake or turn suddenly
• Ease of the gas until the car slows enough for you to feel contact with the road
• Turn you wheeler in the direction of the skid, and as you recover gently straighten out the wheel.
• If you need to brake do it gently with light pumping action.

The deeper the water the sooner you can lose control over your car, as speed increases your chances of hydroplaning increase.

If you pass through very deep-water test your brakes. They may be saturated, and only driving very slowly and braking lightly at the same time will generate enough heat to dry them out. Be sure they are pulling evenly on all wheels before building up speed again.

Continue reading "Hydroplaning accidents" »

July 19, 2010

Drinking truck drivers

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With truck drivers it is critical that they are in control of their vehicles at all times. Sometimes truck accidents are caused by inattention of the truck driver or other causes beyond the truck driver's control.

There are times however when the truck driver himself is impaired. Driving a 20,000-pound vehicle requires certain height and responsibilities upon the truck driver end the trucking company.

Sometimes a truck driver will drink when off-duty and then go on duty while still under the influence of alcohol or with little sleep. In that case, like any other person the truck driver may very well have difficulty safely operating his rig.

The Federal motor carrier safety regulations have very specific rules with regard to truck drivers, alcohol and drugs. Having the regulations is not enough. Enforcement and drug test by trucking companies and state officials is critical to protect the public.

It does not matter to the family who has lost a loved one that the truck driver gets a lengthy jail sentence. The key to truck safety is prevention.

Trucking companies can implement policies, which reduce the number of drinking drivers operating semi-trucks.

Like most drunk driving accidents, a drivers reaction time, judgment and physical impairment all create a situation that is a prescription for disaster.

Continue reading "Drinking truck drivers" »

July 15, 2010

Head injuries are not to be taken for granted

The types of injuries one can sustain from an automobile or truck accident are nearly limitless. Moreover, the medical expenses associated with injury and death resulting from an automobile accident may be astronomical depending - in part - on the type and extent of trauma. Let us consider some of the more common types of injuries from vehicle collisions.
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Automobile accidents are the leading cause of Traumatic Brain Injury or TBI. Most commonly TBI results in a concussion, coma and post traumatic amnesia. A person who suffers from a concussion briefly loses consciousness - from seconds to minutes - due to a blow to the head.

However, a severe traumatic brain injury will cause a person to fall into a coma which is a complete loss of consciousness which can last days, weeks or even years. Persons in a coma do not react to those around them but remain in a state of deep sleep.

Those who fall into a coma are more likely to suffer permanent neurological damage.
If a patient rouses from a coma they enter the post traumatic amnesia stage. They are now able to respond to commands but are still in a state of confusion marked by cognitive impairment.

An inability to focus, memory lapses, distractibility, and staring blankly are all symptoms of this stage. As well, a patient will exhibit behavior changes that run the gamut from passive to aggressive and inhibited to disinhibited. They may also be unable to control themselves and behave impulsively without thought.

While medical advancements in the field of traumatic brain injury continue to occur - it is still a devastating event for all concerned.

Continue reading "Head injuries are not to be taken for granted" »

July 14, 2010

Houston man jumps from semi truck-and dies

According to police and a bowler of a semi truck was killed when he was attempting to wreck his rig in order to collect insurance money.

The semi truck was being driven on the highway near the North Loop about 2 AM. Please indicate that 26-year-old man jumped out of the semi truck just before it crashed.

According to reports, a witness indicated that the driver jumped out of the cab and sustained a head injury, which proved fatal.

Authorities indicate that the purpose of the truck crash was to intentionally wreck a vehicle for insurance proceeds.

This tragedy should have never happened. One lesson to be learned from this truck accident is that even big rigs can be dangerous in accidents. Certainly accidents are nothing to take for granted and each life is precious.

July 11, 2010

Head injury from an accident can be deadly


Traumatic brain injuries are complicated. It is damage the brain sustains due to external force or penetration by a projectile. TBI is classified based on the severity, anatomical features of the injury and the causing force (closed or penetrating head injury).

A closed head injury is blunt force trauma - a penetrating or open head injury occurs when an object pierces the skull, breaches the dura matter and the outermost membrane surrounding the brain.

In addition, head injuries are classified as either mild, moderate or severe and this is most commonly determined though the administration of the Glasgow Coma Scale which ascertains a person's level of consciousness from 3 to 15. Those who score 8 or lower are suffering from the most severe TBI, a score of 9 to 12 is moderate and 13 and above indicates the mildest incidence of traumatic brain injuries.

It is important to begin treatment for TBI within what is dubbed 'the golden hour' following the injury. Those who suffer from mild to acute TBI will most likely be transported to a hospital and placed in an intensive care unit followed by a longer stay at neurosurgical ward.

The actual course of treatment, however, depends on which stage the patient manifests. It is most important, though, for the doctor to stabilize the patient's condition to prevent further deterioration. Frankly, there is not much that can be done to reverse the initial damage caused by the trauma.

Finally, a large portion of those who die by TBI from an auto accident do not do so immediately but after lingering in hospitals for days and weeks after the accident due to a complex set of conditions that set in moments and even days later.

Continue reading "Head injury from an accident can be deadly" »

July 10, 2010

Drinking and driving- with children?

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What could possibly be more heart wrenching than seeing an innocent child suffer?

Yet, as I proved in my previous blog, this is exactly what is happening at an epidemic rate on American roads.

Frankly, driving is a dangerous undertaking that is treated by the majority of drivers with callous disregard by for its potential to maim and kill. While I will apologize in advance for climbing onto my soapbox - occasionally even I - as an accident lawyer who witnesses the aftermath of accidents and the tragedy that often lays in its wake - am dumbfounded by the statistics of children and car accidents.

There was not a line in my last blog that did not leave me sick at heart but of all the things adults have been known to do - driving with their children while intoxicated takes my breath away.

Driving under the influence at any time is taking a big chance and often results in loss of someone else's life. But to deliberately place your own child in an automobile and undertake the act of driving drunk is unconscionable


Mothers Against Drunk Driving has been in existence since 1980. Founded by a mother grief stricken with the loss of her daughter in a drunk driving accident it was and remains an effective national campaign against driving while intoxicated.

Certainly it has raised the level of national awareness of the dangers and has led to stricter laws against it. Yet, national statistics confirm that drunk driving deaths continue to occur at record rates.

What are we going to do about this?

Continue reading "Drinking and driving- with children?" »

July 8, 2010

Injury to children from car or truck accidents


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The statistics of children and car accidents are alarming. According to the National Center for Statistics and Analysis (NCSA), nearly 250,000 (that's right - a quarter million) children are injured every year in car accidents!

This means that every day of the year approximately 700 children are harmed in accidents on our roadways. That number translates to about 10 children per state.

Worse yet, however, is the fact that of the 250,000 kids injured each year, nearly 2,000 die from their injuries. More grim data finds that children make up about 5% of total fatalities due to car accidents.

In fact, for children between the ages of 2 and 14, motor vehicle accidents are the leading cause of death.

Although painful to relate, the aforementioned information is not the only ghastly information about children and auto collisions.

Car accidents are the leading cause of acquired disability (e.g., brain injury, paralysis, etc.) for children nationwide.

And around 20% of the children who die in a car accident each year are killed in accidents involving a driver who is legally intoxicated.

Nearly half of these children were killed while riding as passengers in an automobile driven by an intoxicated driver.

This information is chilling yet we cannot simply turn our backs on the facts.

Continue reading "Injury to children from car or truck accidents" »

July 6, 2010

Tips for teen drivers

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Valuable tips for teenagers as they hit the open roads this summer to avoid accidents.

Parents - you cannot remind your teenagers often enough about certain dos and don'ts of driving. Other than harping on them - the best you can do is hold your breath when they get in the car and hope you've hammered home safe driving suggestions that will help ensure your child returns to you in good condition.

To avoid auto accidents:

1. Don't be a risk taker --Car crashes are the leading cause of injury and death for people ages 15 to 20.

2. Don't forget to buckle up--About two-thirds of teens killed in vehicle crashes were not wearing safety belts.

3. Do NOT speed (this point cannot be repeated enough) --One-third of teen fatalities involve speeding.

4. Don't be a rowdy rider-- Adding one teen passenger to a vehicle increases a 16- or 17-year-old driver's crash risk by about 50 percent.

5. Forget the cell phone --Talking on a cell phone while driving can double reaction time.

6. Don't fiddle with your music machines --Research shows that adjusting the radio is the most common distraction for drivers between the ages of 16 and 20.

7. Cut out late-night cruising --Teen crash rates at night (9 p.m. to 6 a.m.) are twice as high as daytime rates. Obey parental and legal driving curfews.

8. DON"T DRINK AND DRIVE --Of 16- to 17-year-old drivers killed in crashes, one in six would have been considered legally intoxicated by adult standards.

9. Don't give in to peer pressure -- Make good choices and don't be afraid to "speak up."

10. Try not to be overly confident -- Inexperience and overconfidence can lead to crashes when new drivers encounter unfamiliar or unexpected situations.

Continue reading "Tips for teen drivers" »

July 1, 2010

9 % of fatal accidents involve trucks

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We will again address the trucking industry one more time before we turn our attention to other matters in blogs to follow. As in previous blogs we will examine accident statistics related to the trucking industry utilizing the same website from the previous two blogs.

According to our source "estimates of 41,000 to 45,000 wrongful deaths occur every year within the U.S. Approximately 9% of those deaths involve commercial vehicles.

More than 80% of those auto accidents are the fault of the non-commercial driver and of those deaths related accidents only 4% of trucks are fatigue related. Drinking while intoxicated accounted for .06% of those accidents. Motor vehicle accident crashes cost society an estimated $4,900 per second. That's about $30,000 in the time it took to read that fact".

I'm sure it would not take much to convince the reader that there can be fewer things more devastating than getting in an accident with a semi truck and as I have cautioned many times in this blog - the best way to avoid it is to drive defensively.

So let us review safety tips for driving around semi trucks. First, don't tailgate or in any way drive aggressively around a semi truck. In any 'showdown' between a semi and an automobile - hands down the semi wins.

Second, use the tools at your fingertips to inform a semi truck driver of your intentions. That includes the horn, turn signals and your bright lights. Third, and this is my favorite saying - you'll see it often in this blog - give semi trucks wide berth on the road.

What do I mean by that? Simply this, give them a lot of room to maneuver - fall back a safe distance and don't linger beside them on the roadways.

Drive defensively.