Houston Truck Accident Lawyer Blog

Collisions with semi-trucks and other commercial vehicles are not relegated exclusively to highways or with individual drivers' cars and trucks. Eighteen wheelers and commercial vehicles have been known to collide with any number of other 'machines used for transport'. Fed Ex, UPS and other local delivery trucks also pose a risk to the public- particularly if they are in a hurry or not paying proper attention to the roadway.

Consider the following reports of truck accidents that have occurred only recently on Texas roadways and beyond.

*A fire truck that had responded to an accident on a Texas highway in December when it was struck by a semi-truck. The fire truck was parked in the middle of the highway and first-responders were working feverishly to rescue the victims of a vehicle crash when a semi-truck 'clipped' the back of the fire engine. Only minor damage was done to the hook and ladder but it demonstrates that semis become entangled with larger vehicles all the time! The engine sustained only minor injury - no people were hurt in the accident. But the driver of the semi was cited.

*Only several days ago a FedEx truck traveling in a Texas urban center got into an accident with a public bus when the former allegedly ran a red light. Multiple passengers on the bus sustained injuries of varying levels of severity.

According to one report - an individual was off-loaded through the window and transported on a stretcher to the hospital. While FedEx likes to portray itself as a company that employs only the most careful of drivers - in this case preliminary reports may appear to show fault with the Fed Ex Driver.

Given the size of the delivery trucks many people are injured every day in a delivery truck accident.

Continue reading "Fed Ex Truck Accidents" »

There seems to be as many causes of semi-truck accidents as there are collisions themselves. Over time, though, semi-truck accident reconstructionists have come to several conclusions that may be helpful for all drivers to be cognizant of while on the roads - whether you be in urban, rural or highway traffic.

*A commercial semi-truck may weigh up to 80,000 pounds while the average personal vehicle comes in at approximately 4,000 pounds depending on type and passenger capacity. It would seem immediately obvious from these statistics that the personal vehicle and its passengers are more likely to suffer extreme injury and damages than the larger 18-wheeler. This is a simple scientific fact.

*While personal vehicles may have the newer ABS braking systems, a semi-truck (or other commercial vehicle) may be equipped with any number of braking systems from S-cam air brakes that utilize air pressure, to anti-lock brake system (ABS) equipped tractors or even electronically controlled braking system (EBS) equipped trailers. Each of these types of braking systems produce distinctively different stopping experiences due to such factors as 'drag' on the vehicle.

*Unfortunately, the drivers of passenger vehicles are just as likely to be the cause of an accident between their car and a semi-truck as the rig driver - often because the average driver is unaware of some basic information related to semi-truck driving.

For instance, semi-trucks lack the same maneuverability of a passenger car meaning they cannot accelerate, steer or apply the brakes at as quick a rate as cars which makes it difficult to avoid collisions with aggressive or distracted drivers.

The best advice is to drive defensively around semi-trucks.

Greg Baumgartner is a semi truck accident attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a big rig accident lawyer call the Baumgartner firm.

While many of us consider 'finding a parking spot' one of the nuisances of driving a vehicle - imagine how much more challenging that is for a semi-truck driver. The average driver may be trying to maneuver a ten thousand pound vehicle into place. A rig driver is responsible for safely manipulating up to an eighty thousand pound semi into a position that is out of the way of traffic.

As an 18 wheeler accident attorney I frequently see the consequences of a trucker violating the parking rules or in otherwise not using good judgment when parking a tractor-trailer.

In many municipalities semi-trucks are prohibited from parking on residential and city streets, driveways and parking lots. This is often true, as well, for the cab and trailer separately. In some cases semi-truck parking may be permitted during parts of the day but nighttime parking is prohibited. It should be noted that there are times and circumstances in which semi-trucks must travel through and park in city (and occasionally residential) areas. In that case the driver should familiarize him or herself with the restrictions and expectations related to parking.

With regard to highway parking - semi truck drivers are encouraged to pace their driving in a way that allows them to park at a truck or road stop. These places are designed to allow for wider turns, long periods of parking time and other amenities tailored to the needs of a semi-truck driver. Semi-truck drivers are have strict rules and are generally not permitted to pull onto a highway berm to park their rig or otherwise sit for any length of time. This poses a danger to everyone on the road.

Continue reading "Improper Parking By Truck Drivers Leads to Accidents" »

The year 2012 promises to be a 'big' one for trucking industry with regard to more stringent regulations being imposed all the way around - including upon the drivers, their vehicles and trucking companies. As an 18 wheeler accident lawyer I am an advocate for stricter regulations and better enforcement.

According to one source states that issue CDLs must adhere to all of the following expectations in regard to this licensure:

*Post medical examiner certificate information of the driver to the CDLIS within 10 business days

*Keep original or photocopy of drivers medical certificate if that driver is required to provide documentation of his/her physical qualifications for longer than three years beyond certificate issue date

*Update CDLIS within 10 calendar days with regard to medical variance information from the FMCSA including the driver's medical certification status as "not-certified" within 10 calendar days of it expiring or being rescinded

*With status change to 'non-certified', the state has 10 calendar days to notify the CDL holder and initiate procedures for downgrading the driver's license from CDL to non-CDL. This downgrade must be recorded within 60 days of becoming "non-certified".. The driver should be reclassified as "certified" once he/she provides a proper and current medical certificate.

Drivers are admonished to offer authentic and honest information only. Improved and increasingly stringent regulations are expected to improve safety and reduce semi truck accidents on the road.

Continue reading "Trucking Regulations in 2012" »

Accident reconstruction as a profession has become increasingly sophisticated over the past few decades due to improved technology and the creation of various organizations that are charged with the oversight and investigation of collisions and/or disasters of all types. In my Houston personal injury practice I frequently use accident reconstruction experts to help analyze and present the case.

Vehicular accident reconstruction is a scientific process that involves the examination and analysis of motor vehicle collisions that ultimately result in professionals drawing conclusions as to the likely and probable cause and factors that contributed to the accident.

Many elements are taken into account. For instance, 'reconstructionists' employ such things as the laws of physics - including linear motion and kinetics - as well as engineering principles when recreating an accident scene. Today they are able to input information into computer software programs designed to support accident reconstruction investigation - thereby allowing for a more accurate analysis of all of the data.

Accident reconstruction is used most often in vehicular collisions that result in fatalities and wrongful death claims and/or serious personal injury cases. Courts and other relevant groups have begun to rely increasingly on the findings of those employed in this field. Information from their conclusions may be utilized to develop safer highways and even in the overall design of motor vehicles.

Those who work in the field of accident reconstruction must receive special training and/or have advanced skills. Typically, forensic engineers, law enforcement specialists or private consultants are those that have the expertise to carry out this work.

In some instances, particularly in wrongful death accidents which are investigated by DPS troopers an accident reconstruction may be done by the troopers and their training such that their own opinions regarding the cause of the accident may be admissible in a court of law.

The case law is split on whether an officer can testify as to the officer's opinion regarding the cause of an accident and the defining elements on whether the opinions may be admissible is the training of the officer in accident reconstruction and the actual work done with the scene.

If you have lost a loved one in an 18 wheeler accident or have been seriously injured you may want to speak to an 18 wheeler accident attorney regarding the potential for reconstruction of the specific accident.