February 2011 Archives

February 27, 2011

Multiple Vehicle Accidents

With more drivers and their trucks and cars taking to the roads it should come as no surprise that the number of multi-vehicle collisions are beginning to occur at record rates. However, it is not simply this increase for which we can attribute the phenomenon - certainly there are other factors at play as well. In fact, the same reasons for single car accidents are often the impetus for multi-vehicle collisions as well. Consider the following accidents.

Several nights ago in a neighboring state, police responded to a fifteen car pile-up on a city freeway. The cause should come as no surprise - wet roads iced over and spots of black ice dotted the roads catching drivers unaware. Fortunately there were no severe injuries but lots of damage. The weather is often the culprit of single and multi-vehicle collisions.

A man headed the wrong way on the interstate took out four cars and killed two people last year. You don't have to be genius to figure out that the guy was intoxicated. Drunk drivers cause single and multi-vehicle collisions and wrongful death accidents every day.

The same is true for distracted drivers. A woman was applying her make-up in an effort to make up for lost time (having left for work late that morning). She failed to notice traffic stopped in front of her and plowed into the back of a vehicle with such force that vehicle was shoved into several others. All told, six vehicles were involved and catastrophic injuries occurred.

As you can see - the reasons for single and multi-vehicle collisions are very similar.

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February 25, 2011

Truck Accidents Prevented by Technology

Even more safety features are being installed in some of the more reputable semi-truck fleets across the country. For instance, a reputable trucking company has added dashboard monitors that are tied to a front collision warning system.
If a vehicle cuts too closely in front of the semi the mechanism automatically takes away the driver's control of the throttle thereby automatically reducing the truck's speed. If the other vehicle gets even closer - then this safety device actually applies the brakes for the driver!

In addition to the front collision warning system - the cabs themselves are now equipped with a rollover stability feature and lane departure warnings. The warning system works with cameras that are mounted around the vehicle - if the rig does not remain within the middle of a lane or veers too close to the lines that divide the highway. Finally, the company has added what is termed 'adaptive cruise control'.

Other features have been added to increase the driver's comfort on long rides. These include satellite radio and bigger, more comfortable chairs as well as windows with 'wider vantage points and automatically adjustable mirrors'.

No doubt, anything that can be done to make the driver more comfortable is actually a safety feature as well.

While all of these are great add-ons that have shown to decrease accidents through authentic road tests - we urge the trucking industry to continue to search for ways to cut down the number of injuries and fatalities that result from semi-truck accidents.

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February 23, 2011

Houston Accidents

Two recent accidents on Houston roadways involving trucks are reminders of just how dangerous trucks can be - and how an ordinary day can turn extraordinary (and not in a good way) at a moment's notice.

The likely cause of the first truck accident was an inattentive - and perhaps - harried driver who may have been distracted. According to reports, it was traveling recklessly and when it made a lane change without warning his vehicle was headed right into the path of a worker.

While the worker tried to dive out of the way there simply was not enough time and he was struck by the truck. He was taken to the hospital with serious injuries - and while no charges have been filed as of yet.

A second accident occurred at a railroad crossing. From what can be pieced together it seems the driver may have had a diabetic seizure while sitting at the tracks waiting for the train to pass. The railroad crossing arm was down.

The man's foot may have slipped from the brake and the truck rolled into the crossing arm - which was forced into the path of the train. The train then hit the same crossing arm and it smashed back into the truck. The man was taken to the hospital and railroad officials are repairing the crossing arm.

With a personal injury law firm practice, we see the results of accidents every day and have learned it only takes a second and the future can be different for you and your family.

Drive with care!

February 21, 2011

Drivers Qualifications

Perhaps one of the most common causes of semi-truck accidents - that could be wholly preventable - is the failure of trucking companies to complete a thorough background check of a potential employer before allowing him or her to drive. Trucking companies are under multiple pressures.

They must meet the needs of their manufacturers to get products to their destination in shorter amounts of time than ever before - competition dictates this. In addition, there is expected to be a marked increase in the demand for trucking over the next decade.

Meanwhile state and federal government organizations are placing greater expectations on the trucking industry to try to increase overall safety - and we all know this translates to more work for the company.

Therefore, one place a trucking company may be willing to compromise is in the hiring department. After all, they might reason, what are the chances that something like that could backfire - put a trucker in the semi and get that product moved.

This, however, is probably one of the worst places to cut corners. Why? Because truck drivers have an awesome responsibility. If a driver has a history of mental problems, substance abuse or an otherwise poor driving record then this is not the person you want representing your company. In the case of an accident - the truck drivers driving record will be looked at closely.

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February 17, 2011

Truck Driving as a Career

Being a semi-truck driver is more complicated than one might think. Not only do drivers have to complete a special driving course and take both a driving and written test to get a commercial driver's license.

But there are dozens of other concerns a rig driver must deal with when they are employed in the trucking business. What follows are a just a few 'hoops' truckers must jump through right here in Texas.

Once the driver gets certified he or she may choose to work for a trucking company or drive independently. One of the requirements of driving mirrors that of the private driver - the vehicle must be registered, have a proper title and license plates must be purchased from the Department of Motor Vehicles.

All of the information must be updated annually. Too, a log book must be kept (up-to-date) and it must meet various state standards. There are other vehicle safety standards that must be met as well.

In addition, there are fees that accompany truck driving such as the Federal Heavy Vehicle Use Tax enforced by the IRS and fees for oversized loads as well. The IRS has a special tax web site available for truck drivers and those in the trucking industry.

It provides answers to a variety of questions related to taxes as well as making forms available for download.

As you can see, truck driving involves much more than hopping into a cab and crisscrossing the country. It's a career and those in its employ perform a valuable service that is vital to our country.

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February 15, 2011

Loading Accidents

One of the responsibilities of commercial truck drivers is to ensure that the load they are carrying is safely secured so that it will not come off of the truck as it travels down the roadway - creating a danger to themselves as well as the other drivers on the road. Injury and fatality accidents occur all too often because of debris flying off semi-trucks.

Consider the following information.

Two young men were headed down the highway - off for a weekend of fun on a spring afternoon - unaware that several miles ahead - a semi-truck was dropping parts of its load that included tree branches and logs. Those drivers who came upon the debris called the highway patrol to report it. But it was too late for boys - when they came upon a log in the road the driver swerved to avoid it and lost control of his vehicle. It rolled three times in the median before come to a stop. The passenger - not wearing a seat belt - was thrown nearly two hundred feet - and died instantly.

If a semi-truck driver is hauling products in a trailer then he or she must be sure that all latches and ties are secure - and the trailer door locked. Checking that loads are secure is part of the required pre-trip inspection truckers must perform before setting off on a trip.

Remember, if you see a truck dropping debris contact the highway patrol immediately.
Unfortunately for the mother of the young man that died - they have yet to determine what trucking company was responsible for the unsecured load.

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February 13, 2011

Hauling Hazardous Material Part 2

The average American is most likely unaware of the amount of hazardous material that traverses this country from coast to coast (on a daily and weekly basis). One authority offers that up to fifteen percent of goods on our roads at any time are hazardous materials.

This includes products that are corrosive, ignitable, explosive, toxic or reactive - such as motor oil, pesticides, and paint. Frankly, there are dozens and dozens of hazardous materials - too numerous to name.

Truck drivers who transport hazardous materials must adhere to the following expectations. First, they must pass a special exam. They must always put hazardous material signs on the truck positioned so they are easily visible to all around them. Liquid hazardous materials are transported in tankers that themselves must meet specific guidelines.

In addition, some communities will not allow hazardous material inside the city limits or on certain roadways. Rig drivers need to be aware of these expectations and make sure there is a contingency plan in place for this situation.

Research shows that the number of hazmat accidents on highways is twelve times greater than rail transport. Too, there is four times the number of fatalities in roadway hazmat accidents. And Texas truck accidents with chemical spills shut down our Texas highways for long periods of time.

Finally, there is a significant increase in the actual amount of accidents that have occurred over the past decade.

Unfortunately, Texas semi-truck accidents that involve hazardous material tend to be more spectacular and dangerous than other accidents due to the nature of the cargo. They require hazmat experts to come to the scene and handle the crash.

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February 10, 2011

18 Wheeler Accident Claims

If you have been involved in an accident with an 18-wheeler there are probably numerous questions that require immediate responses. Hopefully the following information will be useful in the days and weeks following the collision.

First, and foremost, the police should be contacted so that an official report is available. Then all victims should seek immediate medical attention - even if it appears that there are no injuries or that they are minor (although this in itself is unlikely in an accident with an 18 wheeler).

If the accident is the fault of the semi-truck driver then victims should seek redress through the truckers insurance companies. Additionally, your own insurance may provide help as well.

However, there are considerations that come into play in a semi-truck accident that are different than a simple vehicle collision (although wrecks are simple). The trucking industry is regulated by state and federal organizations that impose safety standards.

In placing blame for an accident these safety regulations must be taken into consideration. For instance, there are a maximum number of hours a driver can be on the road before taking a break.

Had the driver gone over the limit? What about the condition of the rig itself? When was the most recent safety inspection? Is all the right paperwork available?

In addition, it must be determined if the trucking company itself will be held liable or will there be a shared liability between the driver and his company? Many drivers are independent contractors with no affiliation to a trucking company, but many times the trucking company will bear legal responsibility for the driver.

Finally, the extent of injuries and damages will play a final role in compensation consideration. Serious accidents are life-changing and it is not uncommon for the financial after effects to take months or even years.

February 8, 2011

Stranded on the Highway

A recent death of a stranded motorist on a Houston highway leads me to offer information to readers that may help them if they find they are stranded themselves on a public roadway.

I cannot begin this entry without first reminding readers that proactive auto maintenance is the best cure for avoiding finding oneself in a situation where you are stranded. For instance, according to reports this person had run out of gas on the highway and had to pull off to the berm. I have mentioned in previous blogs that keeping your gas sufficiently filled with fuel may be the simplest and one of the most effective ways to avoid an accident - a deadly one in this case.

In fact, proper and regular vehicle maintenance is the number one way to prevent you or your loved ones from being stranded on the side of the road - and an unsuspecting target for other drivers.

IF YOU ARE STRANDED - pull off the road as far as possible...and do not exit from the driver's side of the car - but crawl across the vehicle and get out on the passenger's side - placing you as far away from streaming traffic as possible. (However, if you are single and it is night time then remain in the car with the doors locked but still seat yourself on the passenger's side).

Be sure to put your emergency lights on. Dial both emergency services such as the highway patrol and towing services at the same time. The more people you have coming to your aid - the better.

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February 5, 2011

Recent Truck Accident Lawsuits

Semi-truck accidents that are caused by the negligence of either (or both) the trucker and/or the company he or she represents and result in grievous injury or fatalities often wind up in wrongful death suits. For the edification of the reader what follows are several recent semi-truck accident settlements and verdicts.

An elementary school principal and her three passengers were all killed five years ago when a semi-truck driver rear-ended her vehicle. Although (surprisingly) the truck driver was found not guilty of 4 separate manslaughter charges - the families of the three passengers sued in civil court and were recently awarded $18 million dollars collectively.

The principal's family sued separately and was awarded over $5 million in compensation and $30 million in punitive damages. The victim's lawyer uncovered evidence that the driver has falsified his driving log - a 'diary' of sorts that catalogs the hours a driver puts in daily - required by the federal government to help ensure that drivers are not so fatigued that they endanger the lives of innocent persons.

In another state a man was awarded $3 and a half million dollars after he suffered life-altering injuries in a semi-truck accident. According to accident reconstructionists - the truck driver drove off the shoulder of the road to avoid hitting a vehicle in front of him but the trailer swung around and struck the van anyway.

The driver suffered traumatic brain and other injuries. His wife was also injured and received a separate settlement.
While these settlements may sound large - they are hollow victories indeed. Is there any amount of money to replace a loved one - or realize their last moments were horrific?

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February 3, 2011

The NHTSA Website

The National Highway Traffic Safety Administration (NHTSA) is a valuable national organization dedicated to keeping the public informed about all things related to traffic safety - from product recalls to safe driving tips and more. Their website is easy to locate - and is so chocked full of interesting and timely information that I would recommend you make it a 'favorite' site to visit on a regular basis if you are interested in 18 wheeler accidents, trucking or motor vehicle safety.

Consider some of the following topics recently covered by the NHTSA.

There is continued concern about 15 passenger van accidents. They have been involved in a number of recent and high profile personal injury and wrongful death fatality accidents that have called passenger vulnerability into question.

In addition, the site offers regular reminders of safe driving habits for all weather conditions.

Too, you may find out more quickly about a vehicle recall on this site instead of waiting for notification by mail. In fact, the website will explain how to get these types of notifications sent directly to your email or phone.

And if you are interested in the latest findings of annual vehicle crash tests - and which vehicles have been deemed the safest because of them - all of this data is available at this site.

Finally, as new information on a wealth of topics becomes available - older articles are saved and can be accessed through the search menu.

February 2, 2011

Trucking Regulations are Necessary to Protect the Public

Both the federal and state governments take some responsibility for regulating the semi truck and trucking industry in general to prevent truck accidents in Texas and across the US. Their efforts usually fall under the head of 4 main categories. Let us consider these in this blog.

One of the main concerns of regulators is the issue of the number of hours a driver puts into service before being required to take a break. This is a particularly hot bed topic of late because the federal government has proposed restrictions on drivers that have heretofore not existed - and as one would suspect - the trucking industry is opposed to these new regulations.

While the U.S. Department of Transportation is ready to impose stricter guidelines on the number of hours that a driver can put in over a twenty-four hour period - the trucking industry is poised to ask for more as the call for transported goods is expected to increase in the next decade.

A second area that falls under regulation is standards for the safety of the equipment. This includes regular safety check-ups of brakes, lighting, etc.

A third concern for regulators is the amount of insurance that a trucking industry and/or trucker must carry in case of an accident (that could result in catastrophic and life altering injuries or wrongful death lawsuits).

Finally, regulators continue to oversee commercial driver's license standards. I am of the opinion that regulators perform a valuable service for the American public - and may actually be the only thing that stands between you and that semi truck.

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