Houston Truck Accident Lawyer Blog

Criminal charges are pending stemming from an accident with a big truck on Friday. The driver of a car ran a light and struck the truck with great force according to police.

Officers indicated that the truck driver stopped not far from the accident scene but soon drove away. The truck driver was charged with leaving the scene and the driver of the car is reportedly charged with a drunk driving accident.

Passengers of the automobile had to be cut from the car with the Jaws of Life, and one of the passengers in the accident is listed in critical condition at a local hospital.

Given the sheer size and weight truck accidents are much more likely to result in serious injury or wrongful death.

In 2008 the United States had more than 4300 fatal accidents with 18 wheelers and buses, and 145,000 truck accidents with nonfatal injury.

In this truck accident the truck driver allegedly left the scene but the police indicate that the drunk driver caused the accident.

Texas leads the nation in alcohol related fatal accidents with more than 1,800 alcohol related deaths in car accidents last year, and a whopping 25,000 people injured by a drunk driver in Texas.

Continue reading "Jaws of life cut passengers out of truck wreck on Highway 59" »

An 18 wheeler was involved in an accident with a mini van and the truck driver was injured while a mother and small child in the mini van escaped injury.

Troopers are investigating the cause of the wreck and it is suspected either the mini van or the truck made an unsafe lane change. The truck accident turned serious for the truck driver when the cab of his rig hit a bridge column splitting the cab in two and flipping the tractor-trailer.

In 2008 alone, Texas had over 14,000 large trucks and busses involved in non-fatal crashes and over 420, fatal accidents. The vast majority of the injuries and fatalities were to persons other than the trucker.

Due mainly to the size and weight of the tractor trailers the truck drivers most often escape serious injury. That is not always the case, and we do see truckers seriously injured particularly where a big truck jackknifes and the truck driver loses any control of the vehicle.

Continue reading "Truck driver injured in crash with mini van" »

A garbage truck backed over one of the workers who were hauling trash, and the man died at the hospital. While the police are investigating the incident, large trucks often have problems seeing what is behind them when backing up.

Recently, a man was backed over at a beer distributorship in a Houston truck accident and killed.

Many newer automobiles and pick up trucks have rear view cameras built in to show a driver exactly what is behind them. The technology exists and I believe it should be adopted and made mandatory for commercial vehicles. Many new trucks including dump trucks now use back up cameras.

Numerous workers have been killed in recent times with backing up dump trucks even when equipped with audible alarms. A recent study of methods to reduce fatalities in backing up vehicle accidents, found back up cameras effective but required work on placement on dump trucks ( finding the placing the camera on the side of the dump truck most feasible). A caution was given to keep the camera lens clean.

Various sensors and other early warning devises were also tested and showed some effectiveness in reducing truck accidents.

Each year, in residential settings cars and trucks back over and kill or seriously injury many small children who are not visible in the rear view mirror.

Many stores such as Wal-Mart sell wireless backup cameras that are easily installed and sell for under a hundred dollars.

Several new organizations have popped up to combat the rise in car accidents due to cell phone use. As previous reported, Focus Driven is one such organization whose efforts at raising the awareness of the dangers of use of hand held electronics while driving have been extremely effective.

Other web sites have been launched to combat auto accidents while texting including the official US Government web site for distracted driving.

In 2009 NHTSA published a research note stating among other things:
• Driver distraction was involved in 16 % of fatal crashes
• The under 20 age group is most likely to be involved in a fatal distracted driving accident
• 21 percent of injury accidents is estimated to be attributed to distracted driving

It is worth mentioning that secondary distractions such as eating, drinking, and interaction with electronic devises (stereo, DVD's ) also is a part of the statistical analysis in addition to cell phone use email or texting.

Many States and Municipalities have enacted some form of texting or cell phone restrictions while driving. In an effort to become more uniform in approach the DOT released a sample bill for prohibiting texting while driving.

I believe that only legislation at the State level will be effective in reducing automobile accidents in Texas and across our nation. If our representatives take action at the State level coupled with a Texas advertizing campaign similar to "don't mess with Texas" or "click it or ticket" we would have less automobile accidents on our Texas roadways.

Is Texas behind the curve in dealing with reducing auto accidents involving texting?

Recent news reports indicate that Toyota received a grand jury subpoena from a federal court in New York seeking documents over the unintended acceleration in recalled vehicles and other documents.

Also it is reported that Toyota received a subpoena from the SEC last week.

The real uproar stems from reported allegations that internal documents may infer that Toyota has put profits ahead of American's safety related to a negotiation Toyota had with the government over an investigation.

A former attorney for the automaker has alleged in a lawsuit that Toyota concealed evidence, destroyed data and conspired to obstruct justice in defending itself against injury lawsuits involving vehicle rollover, it has been reported. Just more bad news for Toyota in what has boiled down in the last few months to a public relations nightmare.

While recent television adds by Toyota focus on a responsible and safe image, the negative news reports keep chipping away at it's a long and prosperous track record.

Other auto manufacturers have been the subject to claims of concealed evidence in the past from former employees, and when the allegations become known and if verified the automakers tend to face increased scrutiny from both Federal and State Courts and that can impact claims against Toyota in unintended acceleration lawsuits.

With anticipated testimony to congress over safety issues it looks like the fireworks are set to blow and, in my opinion, the fallout will and should include regulators who were charged with responsibility of protecting Americans. Its one thing to blame Toyota for its actions but the buck should not stop there- if regulators are more interested in appeasing manufacturers than protecting the public- we need to redefine their roles.

Numerous personal injury and wrongful death lawsuits have recently been filed against Toyota.

A trucker lost his load on a Houston highway today causing a massive traffic jamb. The truck accident shut the entire freeway down for 45 minutes.

The 18 wheeler was carrying steel that ended up completely blocking the highway, according to reports; the truck driver was cited for failing to secure his load, a violation of the Federal Motor Carrier Safety Regulations (which Texas has adopted).

The Federal Motor Carrier Safety Regulations provides that no person shall drive a commercial motor vehicle and a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless the motor vehicles cargo is properly distributed and adequately secured as provided in the regulations.

Not only is a truck driver legally responsible for his load his employer (the trucking company) is also legally responsible for insuring the load is properly secured.

If a Houston auto accident is caused by a truck losing a load the truck driver and his company may be held accountable in a car accident injury claim.

In the times where the load of a truck contributes to an accident, the companies who actually loaded the rig are potential responsible parties in a truck accident injury lawsuit.
The regulations are very specific as to the duties of the driver, the truck company and those who load the rig.

Not only is the public at risk for an improperly loaded commercial vehicle, but the truck drivers themselves can be seriously injured or killed due to an improperly secured load.

A 41-year-old woman was being held on charges of hit and run and driving while intoxicated with a minor in the vehicle. Authorities indicated that the woman allegedly was talking on her cell phone when her vehicle left the roadway striking a parked car.

Witnesses to the accident blocked the woman from leaving and called officers according to reports.

According to NHTSA, Texas rates 10th out of all 50 states in drunk driver car accident fatalities per miles traveled on the roadways. Montana leads the nation, in that statistic while Vermont had the best numbers.

Mothers against Drunk Drivers reports that 3 out of every 10 Americans will be involved with a drunk driver car accident in their lifetime. Almost 12,000 people lost their lives in accidents with drunk drivers in 2008 alone. MADD has an aggressive campaign to eliminate the drinking impaired driver on our roadways. You can learn more and contribute at the MADD website.

In Houston drunk drivers are a leading cause of serious car accidents.

Continue reading "Drunk driver held on charges" »

The LBJ freeway was a mess when a big truck accident blocked the westbound lanes. The 18 wheeler was hauling a load of paper and when the truck accident happened, the truck flipped, spilling out some diesel fuel onto the highway according to Dallas morning news.

Due to the diesel on the highway Haz-Mat crews were dispatched to clean up the fuel. Fuel on the roadway is extremely dangerous because it is slippery and can cause unsuspecting motorists who hit a patch of fuel on the road to lose control of their vehicles, similar to hitting an ice patch (for those of you who have driven up north).

When fuel is spilled on the roadway crews shut the roadway down until it can be cleaned up due to the increased danger.

In another report today, an 18 wheeler flipped on Texas Highway 44 spilling an estimated 25 gallons of fuel on the roadway shutting down the lane of traffic for 4 hours.

Continue reading "Dallas highway traffic stalled by 18 wheeler accident" »

It has been a very tragic weekend in Houston when 10 people died in car accidents in less than one day.

The death toll started with a suspected street race between two trucks, with both trucks losing control and hitting light poles on the feeder road to the Gulf Freeway. That truck wreck claimed 3 lives with a forth person was injured and taken to Ben Taub Hospital.

In another accident, on the Southwest Freeway, a driver going the wrong way was killed and the other driver was seriously injured. Police officers are currently investigating the crash.

A Houston area pedestrian was struck and killed while walking in a lane of traffic, it is reported.

An elderly man died when his vehicle a Toyota Camry left the roadway and struck a tree.

These stories should serve as a wake up call to all Houstonians to be extra cautious when driving at night, and to understand that sometimes things beyond your control may well put you in an emergency situation. Be ready and drive safety.

NHTSA has published a study on drowsy driving that asserts that the largest category of sleepy drivers are young males, ages 16 to 29, shift workers who work at night and people with sleep problems.

While the study provides many statistics, the findings boil down to good old common sense. If you are tired don't drive, if you have sleep problems seek help from a qualified medical provider, and do not drink

Continue reading "Houston area traffic accidents claim 10 lives in 24 hours" »

Two big rigs collided in a truck accident which resulted in the death of one of the truckers, it is reported. One of the trucks was attempting to pass the other truck when the accident occurred. The truck accident caused a fire which consumed the cab of one of the trucks. The truck accident happened just after 5 a.m.

A video showing the accident can be seen here.

With truck and car fires an analysis of the cause and origin of the fire is usually made by an dangerous product attorney representing the family of the victim to determine if a the design of the car or truck lead to the fire causing serious burn injury or wrongful death. In such cases, the burn injury attorney may file a lawsuit naming the manufacturer of the defective product.

Recently, a Texas woman started up FocusDriven a non profit organization that will model Mothers Against Drunk Driving, in a effort to "prevent injuries and save lives by eliminating cellphone use while driving". The groups goal of raising awareness of cell phone use as a distraction to safe driving looks to be a worthy one.

Jenifer Smith the founder of FocusDriven lost her mother in an automobile accident when she was hit by a driver talking on his cellphone. Texting and internet use and cellular telephones have been the subject of much discussion and some regulation.

New York recently passed a law making portable electronic devise use by drivers illegal.

The Texas Department of Transportation says one in four accidents involve driver distraction. According to NHTSA nearly 600 people died in crashes with distracted drivers in 2008 alone and 1.4 million auto accidents were cause by cellphone use.

Continue reading "Distracted Driving-An Accident Waiting to Happen" »

Since about 1949 big rig trailers have used air brakes as the mechanism to stop the trailer in an articulated vehicle. The change to air brakes was necessary due to the increased use of large rigs such as we find on our roadways today. Hydraulic brakes are still used on smaller straight trucks but the braking components and designs have evolved over the years for hydraulic brakes to adapt for faster speeds and more efficient stopping power.

While air brakes on tractor trailers have several important safety features built in, such as dual air systems, the operating condition of the braking components is a big part of accident reconstruction analysis when indicated by post accident inspections and or the objective findings at the accident scene. After a truck accident it is very important to inspect the scene and vehicles as soon as possible after the wreck to get the clearest picture of the cause of the wreck. Both driver and trucking company have very stringent responsibilities under the Federal Motor Carrier Safety Regulations with regard to the operational condition of the rig. Additionally, manufacturers of semi trucks have minimum design standards for stopping under the FMVSS of 335 feet at 60 mph for most semi trucks.

Sometimes wrongful death or serious injury could have been avoided simply by adequate care with respect to maintaining the brakes. Early inspection of the commercial vehicles by truck experts and an experienced truck accident attorney is advisable to best prepare a truck accident claim.

Continue reading "Bad Brakes on 18 Wheelers" »

Driver Inattention
The number one allegation in an automobile accident lawsuit is that a driver was inattentive with contributed to or cause the wreck. Usually, driver inattention is coupled with a violation of a statutory duty such as failing to yield the right of way or running a stop sign. Sometimes, driver inattention can stem from texting, cell phone use, distractions in the car (such as tending to children or changing radio stations). Driver inattention as a cause of a wreck is also frequently coupled with following to closely, a car in front stops suddenly or changes lanes quickly to avoid a situation ahead and the inattentive driver is not able to react quickly enough, resulting in an accident. Recently, criminal charges have been filed in Texas against drivers who have been on their cell phones and cause an accident that resulted in serious injury to an innocent party.
As a rule of thumb, we have a one second delay in reaction from the time we perceive a danger which is called reaction time. While that number can vary somewhat do to our age, or other factors it is a generally recognized and accepted number. A vehicle traveling at the rate of 65 miles per hour travels 95 feet in one second or roughly 5 and ½ car lengths. As you can see, in many instances, another second or two earlier reaction and many dangerous situations could be avoided completely.

As a practical matter, in many automobile accident cases, such as running a stop sign the reaction time may be irrelevant because the accident will happen as a result of the disregarding a traffic sign or signal. But in many car and truck accidents, particularly at highway speeds, driver reaction and perception are important parts of reconstruction of the accident to determine fault for the wreck.

Continue reading "The Top Reason for Car Accidents in Houston" »

According to news reports a trucker rear-ended a school bus recently on U.S. 59 in Houston near the medical center. According to reports the student aboard the bus was not hurt however the driver of the commercial vehicle was injured and the bus driver's aide was taken to a hospital for observation. Life flight airlifted the commercial truck driver from the scene but his condition is unknown.

Truck accidents such as a vehicle being rear ended by a rig are fairly common because the stopping distances for large trucks are much greater than the stopping distance for the average consumers automobile. In serious tractor-trailer accidents, it is important to have qualified people inspect the rigs brakes to determine with equipment played any role in the accident.

Most of the time a rear-end truck accident is not caused by faulty equipment but instead by a commercial driver following to closely and not paying proper attention. The weight of a tractor-trailer can be up to 26, 000 pounds without a special permit in Texas which also affects stopping ability.

The stopping distance for a fully loaded semi is roughly 25% more than the average passenger car. While other factors such as road condition, tires, weather and actual loaded weight are considered in a technical analysis of the accident event and determination of fault for the wreck, following to closely is often the case. In short, truck drivers due to the size and stopping limitations of their rigs need to allow an extra cushion of space to safely operate on our streets and highways.