September 2010 Archives

September 30, 2010

Houston Car Accident Kills Three

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Three people died in a tragic car accident Tuesday in Houston. A 37-year-old mother a teenaged brother and a five-year-old little girl all died from injuries sustained in a car accident.

Although there are conflicting reports, witnesses indicated that they thought the driver of an SUV was racing another vehicle when it made contact with a van driven by the deceased.

The teenage boy was a student at Jersey Village high school and apparently had been just picked up from band practice before the crash.

My heart goes out to the families of the victims. The severe accident sent to others to the hospital. Earlier reports had two people dying in this terrible crash unfortunately the little girl passed away at the hospital.

According to government studies, Street racing is a growing problem in the United States. Most street racing accidents occur at speeds that exceed 65 mph and are most likely to occur in urban areas and involved male teenage drivers. Additionally, such drivers are likely to have prior moving violations.

This terrible tragedy continues to be investigated and we will have updates when they are available.

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September 28, 2010

A Car Accident Can Cost You

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Besides incurring a variety of costs as a result of an automobile or semi truck accident, there are a number of legal consequences that may be imposed as well.

If you are at fault in a vehicle collision then you bear the brunt of the costs to make the other party 'whole'. That means you are responsible for their (as well as any other passengers) medical fees and repairs or replacement of their vehicle.

However, if the crash results in severe injuries or death to another party then the 'stakes go up'(so to speak).

The other person or their families will most likely bring a case against you in the form of a civil suit - and ask to be awarded a higher sum than what is covered by your insurance carrier.

It is always a good idea to sit down with your local insurance agent and review your coverage. If you have questions they will be happy to answer them.

But drivers who cause a serious car accident will likely have other legal problems as well. They may get a traffic citation for any material violations that led to the accident including speeding tickets, failure to yield or obey traffic rules and devices, or driving under the influence of drugs or alcohol. If a fatality occurs then the legal consequences increase. The driver may be charged with vehicular homicide or manslaughter.

Convictions for such traffic accidents often carry stiff fines and even jail sentences. Too, the convicted driver may have their driving privileges suspended or revoked. Traffic accidents can change lives - and not for the better.

Drive safely.

September 26, 2010

A Drugged Driver Hits Two Victims


A horrifying accident between a truck and a car has been reported recently in Houston. The tragic incident took place in early morning when the entire nation was sleeping safely in their houses. It was reported by the investigating team that there were two persons in the truck who were carrying packets of cocaine and heroine along with them.

Large amounts of these drugs were found in their blood samples as well which clearly shows that they were driving fast without being in their senses. The person sitting next to the driver was killed on the spot along with other two members who were in passenger car.

Due to high speed of 100mph and lack of full senses, it became really impossible for the driver to control the vehicle. Both individuals who were traveling in the passenger car were the only sons in the family. Their family is under a very traumatic situation and my heart goes out to them. The investigation is ongoing as to the facts of the truck wreck.
An increase in number of such truck wrecks is mainly due to increase in number of drugged drivers and drunk drivers in the nation.

It is required under the FMCSR to give proper driving training to these commercial drivers in addition to the motor carrier monitoring the drivers. Moreover, a proper investigation of manufacturing, maintenance and repair department must also be done to keep a check on any malfunctioning in the vehicle.

Drunk and drugged commercial drivers are giving rise to serious criminal offenses and with 18-wheelers accidents or airplane crashes the public has zero tolerance.

September 24, 2010

Texas Leads The Nation In Fatal Truck Accidents

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Statistics on semi truck accidents abound. One source finds that there are 2.6 deaths per every 100 million vehicle miles traveled - a rate that is 50% higher than that of any other vehicle on the road.

An average of 5000 trucks are involved in a fatal vehicle collision annually - often there are multiple deaths and it is the passengers and drivers of the other vehicle who are killed at a much higher rate than the semi truck operator. In fact, in a recent year 5567 deaths occurred from semi truck accidents and, of these fatalities, only 713 were the rig drivers.

The three states with the most semi truck fatalities are Texas, California and Florida. Perhaps the most chilling piece of data to come from any research is the fact that an average of 430 bystanders is killed each year in traffic accidents involving semi trucks. That means you don't even have to be in a vehicle to become a semi truck accident victim.

Although there are numerous state and federal regulations that target semi truck driving safety it is the responsibility of the semi truck driver and his or her company to ensure that these rules are adhered to.

Such requirements as the number of hours a driver may be behind the wheel to semi truck maintenance are important not only to the 18 wheel driver but to every other driver on the road. Having been a Texas semi truck accident lawyer for the past 15 years I make it a rule of thumb to give semi truck drivers wide berth on the roads and drive defensively

September 23, 2010

Drunk Driving Accidents Have Consequences

Alcohol addicts often fail to realize that drinking and driving can substantially reduce driving skills in any driver. Skills necessary for driving the car perfectly will desert the alcoholic just as snow melts away in scorching sun. Fact remains that driving the car requires that blood alcohol levels remain at par or below the normal standards. Otherwise there would be every possibility of drunk driving accidents.

Normal Blood Alcohol Level
It is essential understanding what the normal blood alcohol level should be. For instance: -
• Blood alcohol levels should be lower than 0.03%.
• With each 1% increase in the blood alcohol levels, the risks of driving go up considerably resulting in multiple drunk driving accidents.
• Alcohol levels of 0.08% or above are illegal in most of the states as the risk of car accidents skyrocket with each hundredth of a percent increase.

Drunk Driving is Bad Idea
Whatever the situation might be, drunk driving is bad idea. While many consider a couple of drinks in a party not harmful, they can spell disaster while driving a vehicle home. In any case, the body should never go beyond the legal permissible levels of intoxication.

If it happens and the driver gets involved in a drunk driving accident DUI or DWI conviction and all that goes with it would be the first consequence. Other negative consequences include, being a defendant in a personal injury or wrongful death lawsuit, losing your auto insurance, not being able to drive as a result of losing your license.

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September 20, 2010

18 Wheeler Hits Stalled Car

A licensed driver has a responsibility to maintain their vehicle so that it can be safely driven on public roadways. If your tires are bald, you're oil or engine light are on, your windshield wipers don't work, your brake lights are out or any other of a host of problems that arise with a car then you are putting yourself and others at risk on the road.

Recently a driver subjected their community to more than a minor inconvenience when they ran out of gas while in the center lane of Route 287.

Oh, sure, who among us hasn't driven on fumes - especially as a teenager! But this errant driver was nearly 30 years old and should have known better! It's a simple case of looking at the gas gauge and nowadays most cars are designed to beep when the gas tank is dangerously low - giving the driver plenty of warning and lead time to correct the 'problem' and get gas (refuel).

When the car came to a complete stop in the middle of the highway an 18 wheeler traveling behind the automobile driver was unable to maneuver around her and hit her from behind.

Both vehicles ended up against the guard rail. The truck spilled the contents of its trailer and a large amount of fuel across the highway. Damage to the overhead highway sign occurred as well which actually had to be removed by a heavy duty crane. Several lanes of the highway were closed for twelve hours - impacting thousands of commuters.

The headline to this story asks "is it a crime to cause an accident because you ran out of gas?" No but when you get hit by an 18 wheeler you will wish you paid better attention to the gauge.

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September 20, 2010

Emotional Consequences of Drinking and Driving

Besides various legal and physical consequences involved in drunk driving, there are also multiple emotional consequences of such drinking and driving.

Major Emotional Consequences
When a driver under the influence of alcohol is arrested for drunk driving or injures someone in a drunk driving accident. It is not only the esteem of the person that will hit the lowest levels, but such person also may lose the confidence, respect and trust of near and dear ones.

Shocking Facts
If one takes a look as the statistics relating to drinking and driving, the statistics are quite shocking. Data that is available at the National Highway Traffic Safety Administration reveals that around 13,000 people in United States lose their lives each year in wrongful death drunk driving cases. Such adverse emotional affects are even more pronounced and visible in the teenager drivers who constitute the majority of the people responsible for accidents. Also the fact that over 30% of serious injury or wrongful death accidents involve drinking accents the seriousness of the problem.

Preventive Steps
The best preventative step is to educate young drivers about the seriousness of drinking and driving. Explain clearly and in detail how just poor choice can ruin or take a young persons life. The consequences to the drinking driver who causes a car accident can be sever, most recently, is the 60-year sentence given in Houston to a drunk driver who killed 2 people. Additionally, if you know someone with a drinking problem, consider intervention, there are many places to turn for help including AA and spirtiratualriver.com.

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September 19, 2010

18 Wheeler Accident Closes Houston Highway

A multiple car-truck pileup closed off Highway 59 in Houston, Wednesday afternoon.

The pileup included an 18 wheeler truck and six other vehicles for a combined total of seven vehicles. No reports are available at this time regarding injuries, if any.

The pileup caused massive traffic delays for those headed northbound on Highway 59. The snarled traffic included not only the main lanes but also the high occupancy lane.

Houston already faces some of the worst traffic in America and it is exacerbated when accidents like this happen in rush-hour traffic. Our Houston highways are in desperate need of relief particularly in the Northwest and Southwest parts of Houston.

Plans exist to expand the Grand Parkway which is needed desperately by Houston. The combination of expanding the Grand Parkway and widening US 290 will have a significant impact on Houstonians living in the West part of Harris County.

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September 17, 2010

Truck Accidents Can Be Tragic

Only six years ago the deadliest semi truck accident in the history of Texas occurred on Highway 75. It was a beautiful and sunny afternoon. Road conditions could not have been more perfect. Yet the driver of that semi somehow lost control of his vehicle and it crossed the median into oncoming traffic. Ten people were annihilated as a result.

In the reconstruction of the accident experts found that the semi truck driver had not even attempted to apply the brakes.

Although there can be no credible defense - it would be hard to imagine what transpired in the driver's mind over the moment of time from when he realized he had lost control over this behemoth vehicle and its final resting stop.

I mean - you many times not really regain control of an out of control semi? Once a big rig starts to jackknife it enters a point of no return, meaning that nothing the driver does from that point on can control the truck. The rig landed on an SUV with 3 children, a mother and grandmother. All were incinerated beyond recognition. Five other men in a second vehicle were also killed.

In the investigation that followed there was much 'buck-passing' on the part of all involved - from the trucking company to the leasing company and beyond.

Really, what else could be expected - I mean who would voluntarily admit to any negligence or wrong doing is so horrific an accident. In fact, though, there were a series of mistakes on behalf of many responsible parties - many maybe coming down to simply trying to save a buck - and ten people are dead in the blink of an eye.

Thanks to the efforts of a semi truck accident lawyer the families can take some small comfort in knowing the negligent parties have been brought to civil justice.

September 15, 2010

Houston Truck Crashes Over Guardrail

With millions of cars on the road each day, vehicle collisions are an all too familiar and expected part of the 'driving experience'. Many are simply minor accidents that result in minimal damage to the body of the car. However, an equal number end in serious (if not life altering) damage to the occupants of the car or truck involved in the accident. Finally, some experiences are so phenomenal as to defy explanation - and leave anyone who learns of it unsettled for some time.

Such is the case earlier this week of the semi truck driver who lost control of his rig as he was traveling into downtown Houston on Highway 59 and crashed through the guardrail (certainly not designed to withstand and curtail the weight of so massive a vehicle). It landed upside down across four lanes of traffic on the roadway below. By some miracle it did not land on any moving traffic. However, 3 cars were unable to avoiding running into it.

My goal is not to repeat the daily news in this blog - but use it to occasionally remind readers that often an accident is out of our hands. We rely on our fellow drivers to adhere to the rules of the road - which maybe if the semi truck driver were able to maintain a safe speed in that case- and when this does not happen we may be at the whim of fate.

Unfortunately, the only recourse for many Houstonians (and others) is to seek redress in a court of law. Not pleasant but a virtual godsend if something like a semi-truck falls on the roadway in front of you during your daily commute.

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September 12, 2010

Flat Bed Comes off Big Rig Leaving 2 Injured

Two people were transported to hospitals Friday after a flatbed came off a big rig and caused an accident. The result was a chain reaction that had traffic backed up for miles.

According to reports, police indicated a flat bed detached from a tractor trailer and a car following the truck hit the flatbed and then was struck by a vehicle following it. The chain reaction was devastating but no fatalities have been reported yet.

Investigators are looking into why the flatbed detached from the 18 wheeler.

Ultimately, the truck company is responsible for the condition of the tractor and trailer under the Federal Motor Carrier Safety Regulations. While the truck driver needs to conduct daily pretrip and post-trip inspections of the rig it is the company that has the ultimate responsibility for the safe condition of the rig.

Sometimes in truck accident lawsuits additional parties include maintenance companies who provide services to the truck company in keeping the vehicles safe. Other potential but less likely defendants include manufacturers of both the truck and trailer in certain circumstances.

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September 11, 2010

Dr Pepper Truck Accident in Houston


A Dr. Pepper truck skidded off Highway 288 on two Highway 59 and the driver was taken to Memorial Hermann Hospital in critical condition with reported burn injuries and broken legs.

Police investigators speculate the driver of the 18 wheeler lost control, bounced off a guard rail before careening off the overpass, bursting into flames and ejecting the driver.

At least three vehicles were involved in the 18 wheeler accident and at least one other person was transported to the hospital. Hazmat teams were dispatched to clean up the fuel leak and related debris and the Texas Department of transportation was called to repair the overpass damage caused by the 18 wheeler and also to evaluate structural damage, if any.

US 59 northbound at 288 was closed for hours while hazmat and fire department teams worked to extinguish the blaze and cleanup the debris.

Comments reported indicate that the investigators felt that the truck driver was very fortunate to have survived the 18 wheeler accident. Let us hope that the truck driver and other victims recover from their injuries quickly.

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September 10, 2010

Another Houston Hit and Run Fatality

7:30 AM Sunday morning a motorist spotted a woman in the grass near an entrance ramp at Normandy. The woman apparently was the victim of another Houston hit and run.

Houston police were called and found the woman dead at the scene and investigators are looking for the vehicle that hit her and did not stop. This situation has been repeated over and over again in Houston in recent months. Not only are auto pedestrian fatalities a common occurrence but also hit and run vehicle to vehicle accidents.

Houston Police Department has a tip line which you can contact anonymously at 713 -- 222 -- tips. If you have any information on this fatal hit-and-run accident please contact the Houston Police Department hit and run division.

The HPD hit and run department is understaffed and overworked and cannot reasonably be expected to solve the many hit and run accidents occurring every week in Houston. The public's help is necessary and additional resources need to be directed toward this department.

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September 8, 2010

Houston Motorists Rated Poorly in Allstate report

A recent report by Allstate Insurance Co. views Houston as much more likely to be involved in a car accident than most other major metropolitan areas.

Part of the problem for Houston having a higher percentage of car accidents is the fact that there are a high percentage of commuters in Houston. Add to large numbers of commuters in fact that Houston leads Texas in congested highways and you have a perfect storm for car accidents.

Houston is further hampered by a lack of zoning and by increased urban sprawl. Many segments of our Houston highways are congested to the point of ridiculousness during rush-hour traffic. Particularly, I 45 N., 288 S., 290 outbound, and 610 are all so crowded and not increased automobile accidents are inevitable.

The solution for Houston is not an easy one nor an inexpensive one. Houston needs additional highways including the new grand Parkway, expansion of US 290 and other needy projects in addition to much-needed mass transit planning.

Another item which can help Texas consumers is calling for insurance reform where insurance companies must justify rate increases in advance of such increase and pay out a larger percentage of premium dollars collected toward actual claims. In the past, Texas has leaned toward accommodating insurance carriers at the expense of the Texas consumer.

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September 6, 2010

But it was an Accident!

Perhaps the most common phrase uttered after a vehicle collision of any type is "but it was an accident". An accident is a calamity of sorts, misfortune, misadventure - something that is often physically injurious however.

Never does one hear the phrase "but it was negligence" after a vehicle collision. This term means disregard, inattentiveness and laxity and connotes serious consequences. Are the two words interchangeable?

For instance, if a person is changing the radio and causes an accident - is he or she negligent? They were inattentive but it wasn't deliberate.

Last weekend, in a neighboring state, a semi truck driver was starting his day bright and early - 6:30 a.m. So were several other families. The truck driver ran a stop sign - one he didn't see because the sun was in his eyes. A minor inconvenience and in a nanosecond - in the time of a single breath - he rear-ended an SUV and minivan.

In this truck accident a seventeen year old boy died at the scene and seven people were taken to the hospital as a result - but it was an accident. Statistics place the number of annual traffic accident wrongful deaths at anywhere from 43,000 to 50,000.

Rarely does a driver set out to deliberately kill someone with their vehicle - car or truck (although occasionally someone will intentionally use their vehicle as a weapon). It's always an accident - and nearly 50,000 times a year someone pays for this accident with their life.

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September 3, 2010

Trucker in fatal accident had marijuana and cocaine in system

In a horrific semi truck accident last November that claimed the lives of four innocent people, the state has now determined that the driver had both marijuana and cocaine in his system it was reported.

The driver of the rig and his passenger were both killed as well as 2 people in a passenger car - as a result of the fiery explosion that occurred when the driver failed to realize traffic was at a standstill in front of him.

Statistics show that semi truck drivers are actually some of the safest on the road. They must go to driving school and pass a special test before getting a CDL; have annual medical check-ups; go through regular professional development and adhere to other state and federal regulations.

While nearly anyone can get a driver's license for a car - obtaining a license to drive a semi truck is a bit more challenging. The percentage of rig drivers who have been found to be under the influence of any type of substance is in the single digits.

Semi truck accidents are more likely to be caused by distracted or fatigued drivers than one who is drunk or high. Be that as it may - in this case the driver had taken drugs and his wonton negligence is now on record.

Semi truck hauling is expected to increase as we head into the next decade and we all know that there is no end in sight to road construction. This requires all of us who take to the road to be proactive in driving safely - and reporting poor driving directly to the local and state authorities before an accident occurs

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