Houston Truck Accident Lawyer Blog

A complicated reported tale - with all the makings of a wrongful death suit - occurred this morning between two women in what appears to be an incidence of 'road rage' turned deadly.

Of course, the story varies according to whose side of the issue is being told. The reports thus far include that there were two women involved, there was a claim of road rage in which one woman cut the other woman off while driving and the second woman attempted to exact retribution through the use of her vehicle by following the first and using her SUV as a weapon (of sorts).

Too, both women stopped and -purportedly - one pulled a knife while the other pulled out a gun and shot her to death before fleeing the scene.

The shooter claims she acted in self-defense. The dead woman is the mother of five - who, according to her children - was a wonderful mother who worked seven days a week to keep their family going.

It may be days or weeks before a decision is made whether or not to charge the shooter - after all, she made claims of self-defense stating that the dead woman pulled out a knife and she feared for her life.

A grand jury will likely ultimately decide the truth of these claims but her story is bolstered by the fact that a knife was found at the scene.

However, even if the woman is not charged with homicide it is possible the family will seek some sort of damages in a civil suit - for they undoubtedly feel wronged in this death.

Never get in altercations from driving, just let it go and get on with your journey safely.

Continue reading "Road Rage Turned Deadly" »

A quick perusal of the morning news reveals the normal mayhem on Houston roadways. A story that originally appeared several days ago revealed that not one person - but an entire family was struck by a vehicle upon exiting one of Texas's favorite pastimes - the rodeo.

As they were walking to their car a drunk driver exiting the parking lot at a high rate of speed traveled up onto the barricaded walkway and struck the family. The driver fled but was captured a short distance away.

The family only received minor injuries - but when a drunk driver is involved in an accident the potential is always there for severe injuries and fatalities. Research shows that intoxicated drivers are less cautious, more cavalier, more likely to take risks and less able to control the vehicle. All of these seem to be at play in this incident. Drunk driving accidents claim hundreds of Texans each year.

In another accident story a flatbed trailer parked and unmoving was struck by a subcompact car. The driver was taken to the hospital with undisclosed injuries. While there are no other facts available concerning this incident several questions immediately come to mind.

First, where was the flatbed parked - in a lot or along the side of a public roadway? Was it in the middle of a designated traffic way or out of the way where a driver would not be likely to strike it unless he or she was intoxicated, impaired, drowsy or distracted?

Did the truck driver follow the safety regulations in parking his truck? Or did the trucker improperly park the big rig?

Of course the answers to these queries will be revealed in the days to come but both stories serve as a reminder that you must always take your own safety (and that of your family) into consideration as you go about your daily business.

Continue reading "Safety is our Responsibility " »

It seems that I never need to search far for a subject on which to consider for blogs about wrongful deaths, semi-truck and automobile accidents and ... fires that leave death and destruction in their wake. In this case the story is almost too heartbreaking to bear.

In a northern state early several mornings ago an older farm house became engulfed in flames that claimed the lives of seven young children. Reports suggest that the parents were out of the house - the father on an early morning truck delivery and the mother in the barn milking the family cows.

In my mind I can imagine that they work early and went to bed late each day - agonizing on how to keep food on the table and a roof over the heads of their brood - 'burning the candle' at both ends to raise a family.

My heart goes out to the family.

So many questions remain to be answered not the least of which is how did the fire start? But one would also wonder whether or not there were smoke detectors and what could be done to keep this from happening to other good families?

For others this tragic story serves as a cautionary tale - do not leave your children unattended, plan and practice fire escapes, be sure there are working smoke detectors in your house, and periodically check that there are no fire hazards in your home and that you have a fire plan for your family.

Continue reading "Fire Claims Young Children" »

In a lengthy news story that played over and over this past weekend - the anchors of a national television news show went into some great length about the often overlooked but nevertheless grave dangers of driving drowsy. Many very serious car accidents are caused by sleep deprived drivers.

They began by informing the listener that a large number of Americans fail to get their proper rest - often due to stress and anxiety. This lack of sleep then impacts a person's ability to function the next day in all aspects of their life - including driving.

Statistics show up to 60% of American drivers admits to having 'driven drowsy' at one time or another in their lives - and one-third of these offer that they have actually fallen asleep behind the wheel. Unfortunately there are even more alarming statistics than this.
According to the NHTSA it is a fair estimate that perhaps one hundred thousand car and truck accidents can be traced ro 'drowsy driving' and over fifteen hundred wrongful deaths are the aftermath of this plague.

Additionally, conservative estimates of injuries run to over fifty thousand.

Unfortunately, these numbers are really not much more than speculation as there is no way to actually 'test' for drowsy driving the way one might for intoxicated driving. In addition, it is often the opinion of the attending officer as to whether or not the accident occurred due to driver fatigue - and the training to spot this problem varies in municipalities across the country.

Certainly, the perpetrator of the crash would be disinclined to admit guilt so that avenue for determining accurate data on drowsy driving is all but closed to researchers.
Is the best we can hope for that drivers act responsibly and opt not to get behind the wheel of their car when they are too tired to drive?

Continue reading "Sleep Deprived Drivers are Dangerous" »

Everyone owns the obligatory vehicle insurance - and at the time of purchase we may peruse the specifics of the policy. But very few of us walk around with the details of the coverage nestled securely at the front of our consciousness. In fact, we most likely never give our insurance a second thought - until we need it.

Then we're scrambling to familiarize ourselves (even memorize) the exact coverage we purchased. Let us consider some of the more common questions a driver may ask after an accident.

What is a underinsured motorist coverage or uninsured motorist coverage? This type of coverage protects you if you are in an accident with a person who has no insurance or in a bad accident with a person who only has a minimum limit policy.

Is it mandatory to report any and all accidents to your insurance company? The response to this is 'YES' - it goes to the question of future liability.

However, in reality, many people involved in fender benders tend to take or offer money in lieu of a claim - which is an unfortunate and dangerous precedent that could present problems to the driver 'down the road' so to speak.

If your vehicle is totaled what monetary compensation can you expect? Even though a vehicle may be worth its weight in gold to you - the dollar value you will receive will be determined by an evaluation of its actual value. The vehicle's year of manufacture, number of miles and other factors will be taken into consideration - often through the use of a tool known as the 'blue book' value.

Because the topic of vehicle insurance is so important - we will certainly revisit it in future posts.

Continue reading "Insurance Claims from an Accident" »

For the last 3 months the country has endured one of the worst winter seasons on record. It seemed that the entire country was pounded with snow, ice and sleet and as a 'people' we crawled to cross the February finish line with hopes that spring was soon to follow.

Now it seems that flooding threats have replaced the previous problematic precipitation challenges which prompt me to offer specific advice about what to do if you are in a dangerous flooding or high water situation.

Today's roadways (in Houston and elsewhere) are a labyrinth of under and over passes that criss-cross a city and may not have been designed with the forethought required to take into consideration the occasional deluge that may lead to rising or high water and flooding.

Flood waters have the capability of sweeping a several ton car into a current and carrying it for long distances - causing the vehicle to take on water or even sink with time and endangering the lives of the driver and passenger (s). It is best to consider the following information well in advance of mounting rising waters.

Experts advise that if you come to a pool of standing water check to see if it has reached the height of or surpassed the level of a curb. If so, then back up (if you can safely), and find an alternate route or simply wait at a safe distance away for the water to subside.

Driving into high waters is not only risky for all in the vehicle but, additionally, the water may cause damage to the electrical and other systems. Too, water damage is often extensive and costly to repair.

The fact is that an automobile may begin to float in only 2 feet of water - and a lack of prudence may lead to you becoming the main character in a dramatic rescue video.

Never attempt to drive through standing water.

Continue reading "Exercise Caution with Water on Roadways" »

A recent article concerning the deadliness of semi-truck accidents prompts me to relate the unbiased findings and opinions of the author - and offer them as support of my regular mantra on the topic. Let me preface this entry by noting that - overall -today's vehicles are designed to endure a head-on crash at 35 miles per hour with minimal damage to the driver and passenger(s).

Automobile engineers are perennially and deliberately striving to create an even more secure driving and riding experience. While we applaud the vehicle manufacturers for this, it cannot be denied that they have a long way to go before they eliminate the average 40,000 deaths that occur annually from car and truck crashes on American roadways.

One of the most commonly fatal types of semi-truck accidents occurs when a vehicle crashes into the back of the rig and 'rides under'. Most often in these cases the top half of the car is instantly sheared off and anyone in the vehicle is killed instantly - a gruesome fact I have seen to many times in my Texas personal injury paractice - but the truth nevertheless. In fact, statistics find that over 400 deaths and 5,000 injuries can be attributed to 'underride' accidents.

Because this type of accident contributes to the annual Texas wrongful death rate in no small measure, more and more legislators are considering answering the call for semi-trucks to install 'underride guards' which are optimally designed to prevent cars from driving under a semi-truck in the case of a rear end collision.

More specifically - the government is calling for stronger requirements than what are currently in place.

Why? Because even with the current use of underride guards crash tests with 'dummies' have results that researchers have stated 'are difficult to watch - because the effects - if translated to real human beings - would still result in decapitation and catastrophic injuries.

Note to the federal government and the semi-truck industry - if you're going to do something - do it right. Create and install underride guards that actually prevent injuries and deaths.

Continue reading "Under Ride Truck Accidents" »

Most of the major trucking companies have a legal team in place at all time. The reason for this is if an injury or fatality accident occurs involving one of their trucks and/or drivers there is sure to be a lawsuit filed and a ready-made legal team is able to react more quickly to spin the 'facts' of the case in their favor.

The families of the accident victims should prepare to do the same and hire a real truck accident attorney to ensure their interests are protected.

What types of information would each side seek? To begin with any official records of the accident including the police report and the documents related to the reconstruction of the accident. In addition, each side would want the names of any witnesses and their home addresses so that they could interview them again.

Too, insurance companies would have to be drawn in with discussions of benefits and other concerns such as long term care. And, of course, battle lines would be drawn for what could turn into a court case in which the trucking company will work very hard to win and avoid paying accident victims any money for the injury and or death of a victim.

In many instances of accidents between an 18-wheeler and an automobile - the fault is with the motor carrier, driver or mechanics. The reason is that a rig is much larger and able to inflict greater damage than a car. It is harder to gain speed or slow down a speeding semi-truck than it is with a car.

In short, although they serve an important purpose - they also pose a greater danger to the driving public.

Continue reading "Insurance Company Truck Accident Teams" »

In a recent year there were nearly half a million truck accidents that resulted in nearly five thousand deaths and thousands more injuries. Some experts place the annual cost of truck accidents at twenty billion dollars when resources, quality of life and loss of productivity are factored in.

The number of causes of semi-truck accidents is as vast as the day is long. Sometimes the reason for a collision is mechanical and in other cases it is simply a case of human error. In either case the aftermath of a big rig or dump truck accident is most often heartbreaking and almost always frustrating because it was likely preventable.

Mechanical problems can be anything from brakes that have not been maintained to loads that are not well secured. In addition, engine problems and even simple things like the lack of mirrors can end in an accident.

But driver concerns are equally as worrisome and problematic. For instance, semi-truck drivers may be poorly trained and/or inexperienced. They may be aggressive drivers who speed or they may be driving distractedly. Too, impaired driving may be the result of drugs or alcohol.

And the problems of 18 wheeler accidents are not expected to go away any time soon. This is one of the few industries in the country in which employment is expected to grow exponentially in the next ten years.

Statistically - the chances of surviving an serious injury accident with a semi-truck and an automobile are slim. The best one can do is drive defensively - especially when driving near, by or around a big rig.

Continue reading "5000 Deaths a Year from 18 Wheeler Accidents" »

A major pickup truck and dump truck accident was reported Tuesday morning outside of Porter, Texas. The crash was early in the morning on the US 59 northbound feeder road and involved a pickup truck with four occupants and a 72-year-old professional driver in the dump truck.

According to reports, all four occupants of the pickup truck for transport to the hospital with one being flown by life flight in critical condition. Reports further indicate, that it took almost 45 min. for firefighters to free the driver of the pickup truck from under the dump truck.

In addition to the injuries sustained by the pickup occupants as well as the dump truck driver the commercial vehicle apparently stole a large amount of fuel and required a hazardous material group to clean up the feeder road.

Gasoline and diesel spills can be particularly dangerous, as the roadway becomes not only a fire hazard but can actually be as slick as ice for unsuspecting motorists who would hit a patch of a fuel spill. Fuel spills if not address quickly can lead to other accidents and even wrongful death.

Reports seem to indicate that the 18-wheeler driver turned in front of the pickup truck causing the truck to run into the fuel tank area of the dump truck.

Let us hope that the occupants of the pickup truck recover quickly.

This accident also serves to highlight the blind spots that many 18-wheelers have and how it can lead to a serious truck accident.

Continue reading "Major Dump Truck Accident in Porter" »

There are dozens of jobs that require a person to apply for a CDL or Commercial Driver's License in Texas, and the obvious reason is for operating an 18 Wheeler tractor and trailer combination for local or long haul trips.

You must first already posses a Class A drivers license, and this what is issued most of the time in order to operate regular size cars, pickup trucks, and SUV's. Where the rules change is when large amounts of weight are involved in operating trucks or tractors, and there is a process that every person must undertake to be approved for such a license.

A Texas commercial driver's license is necessary for any vehicle having a gross weight from the maker of more than twenty-six thousand pounds, also for a vehicle towing a trailer that weighs in at more than ten thousand pounds. In addition, when passengers on say a bus total more than sixteen people, or when hazardous materials are being moved from one point to another. The regulations were set by the federal government back in 1986 for all fifty states to adhere to in the interest of public safety.

You must be 21 when obtaining a commercial vehicle license, although there is an exception to the rule as a person over eighteen can be granted a CDL, as long as they do not travel outside of the state of Texas. Otherwise, being granted a commercial license allows the operator to drive in all fifty states of the USA.

Just like when trying to acquire a pilot's license, commercial drivers are required to undergo a physical examination by a physician before they can be awarded the privilege of a commercial endorsement.

There are several certified driving schools in each major city, that can help an individual in learning all the material required to take the written exam. The school or academy will also have training areas, that a student driver can take instruction from a teacher, and practice tasks, like hooking up to a trailer, backing up long distances to loading docks, and other needed skills.

Besides the medical exam, there will an additional vision test, several applications depending on what type of endorsements will be needed to complete the upcoming job a person is trying to land. After passing the written exam, an appointment for the physical skills test will have to be set, so a certified DOT officer can make sure the driver's skill level is meeting the minimum requirements.

Continue reading " What You Need When Obtaining A Commercial Vehicle License" »