Houston Truck Accident Lawyer Blog

Drunk driving runs the gamut of motorcyclists, motorists, pedestrians and bicyclists. Examples of injuries and fatalities when drinking and motoring in any way are mixed. But the most likely to be deadly is the trucker who consumes alcohol before climbing behind the wheel of his or her rig to hit the open road.

One may wonder at the frequency of just such an event. Let us consider the statistics.
According to studies done by the Insurance Institute of Highway Safety semi truck drivers are the least likely among all types of drivers to drink and drive.

In a recent year they found that only 4% of all 18-wheeler truck driver deaths had a blood alcohol content level that registered high enough to be considered legally intoxicated.

In statistics compiled by police forces around the country - random stops of drivers over the course of a year revealed that only 0.2% of semi truck drivers tested positive for alcohol (not necessarily to the point of intoxication) while 5% tested positive for illicit drugs including (but not limited to) marijuana and cocaine.

Undoubtedly, strict federal regulations regarding alcohol consumption and semi truck driving play a role in minimizing the problem. For instance, federal law calls for drug testing of drivers before an offer of employment.

It is mandatory to get a blood alcohol content level of any semi truck driver who is involved in a crash as well as random testing in general. Drivers found with ANY alcohol content in their blood systems are taken out of service immediately. A BAC of 0.4 or higher causes the driver to be disqualified from applying for a CDL.

Occasionally it's heartening to see our federal tax dollars at work.

Continue reading "Drinking Truck Drivers- a Small but Deadly Number" »

Houston has some of the deadliest roadways in the country. Unfortunately, many are alcohol-related and, therefore, easily preventable.

For instance, just this past week a man in his late twenties was driving at a high rate of speed on the Gulf Freeway when he clipped a Toyota truck causing that driver to lose control and wreck. To be exact, according to reports, the vehicle rolled several times before coming to land on the shoulder of the highway. The Toyota's passenger was not wearing a seat belt and was thrown from the truck. He died en route to the hospital. The driver expired on the scene.

The drunk driver is being held on a $60,000 bond and faces two counts of vehicular manslaughter. In legal terms the young man is being charged with the killing of another human - less culpable than actual murder. Unintended or not - legally known as malice aforethought - there is no cure for death and the driver is accountable both criminally and civilly.

The lives of all family members will be changed forever. Loved ones who died will be mourned and missed. The driver will most probably face jail time and financial damage from the criminal process from which he (and a spouse, children or other family members) may never recover - all of this in the name of drowning one's sorrows in a glass of alcohol and then opting to drive while under the influence.

The families of drunk driver victims often suffer a double whammy, they lose a loved one and the drunk driver have very little insurance, and it is also devastating to the family financially.

The another thing about drunk driving is that often the drunk driver doesn't die in an accident but takes the innocent lives of others. This has nothing to do with providence and more to do with the human body's ability to go limp in an accident when intoxicated thereby minimizing injuries.

Don't drink and drive.

Continue reading "Houston Alcohol Related Accidents" »

Just like drinking and driving, driving under the influence of drugs puts you at risk.

In the press we read about celebrities who get arrested for driving impaired, Nichole Ritchie, George Michaels just to name a few, and many more for allegations of drinking and driving.

Recently Lindsay Lohan's ongoing legal problems seem to be getting a lot of press coverage.

As we all know the problem with drinking and driving, impaired motor skills and judgment are also the problem with drugged driving. However, the impairment from drug use differs depending on the drug being used or abused.

While studies show the adverse effects of marijuana on driving increase with the level of THC (the active agent in marijuana) it is clear that attentiveness and perception of time and speed is most affected.

Prescription abuse also has been in the press recently with doctors operating pain clinics being charged for distributing narcotic like pain medication in large quantities. Each of those users may very well drive a car on Houston highways and put you or your family at risk.

Dangerous driving under drug influence can also occur by accident, in that a person on legitimate prescription medication gets in their car and drives because they did not read the warning on the prescription label or they didn't heed such warning.

If you are taking medication which indicates do not operate machinery- do not drive. If you are a passenger be very careful who you ride with- there are very few second chances when it comes to serious car accidents.

Continue reading "Driving While Drugged- Part 2" »

A much under reported driving hazard is "driving while under the influence of illicit substances".

Regular readers of this blog are aware of my penchant for statistics to support premises and it will be no different as we delve further into the topic of "drugged driving".

According to the National Highway and Safety Administration's (NHTSA) 2007 National Roadside Survey, "more than 16 percent of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter medication.

More than 11% tested positive for illicit drugs--a sign that continued substance abuse education, prevention, and law enforcement efforts are critical to public health and safety."

Further a recent National Survey on Drug Use and Health showed an estimated 10 million people age 12 and older reported driving under the influence of illicit drugs during the year prior to being surveyed.

This corresponds to 4 percent of the population age 12 and older, similar to the rate in 2007 (4.2 percent), but lower than the rate in 2002 (4.7 percent). In 2008, the rate was highest among young adults age 18 to 25 (12.3 percent).

Couple these numbers with statistics of the number of drivers who are intoxicated on a weekend night and it becomes apparent that over a quarter of drivers on the road place you and your family at risk for an auto accident with injuries or worse.

The number of arrests for DWI on any given weekend in Houston, Conroe and The Woodlands are alarming and on a holiday weekend arrests for drunken or impaired driving are off the charts.

Drugs act on the body in much the same way as alcohol. They alter perception, cognition, balance, coordination and reaction times. As with alcohol - the more consumed the greater its impact on the body.

A wealth of studies performed by reputable universities and other organizations confirms that drugged driving places us all at danger in the same way as a drunk driver.

Fortunately, many companies are advancing methods to test for illegal drugs in the system that can be performed quickly and on site. As the methods for detecting impaired drivers become reliable and more accepted, expect to see our police officers with portable kits for checking for impaired drivers.

Continue reading "Driving While Drugged" »

With truck drivers it is critical that they are in control of their vehicles at all times. Sometimes truck accidents are caused by inattention of the truck driver or other causes beyond the truck driver's control.

There are times however when the truck driver himself is impaired. Driving a 20,000-pound vehicle requires certain height and responsibilities upon the truck driver end the trucking company.

Sometimes a truck driver will drink when off-duty and then go on duty while still under the influence of alcohol or with little sleep. In that case, like any other person the truck driver may very well have difficulty safely operating his rig.

The Federal motor carrier safety regulations have very specific rules with regard to truck drivers, alcohol and drugs. Having the regulations is not enough. Enforcement and drug test by trucking companies and state officials is critical to protect the public.

It does not matter to the family who has lost a loved one that the truck driver gets a lengthy jail sentence. The key to truck safety is prevention.

Trucking companies can implement policies, which reduce the number of drinking drivers operating semi-trucks.

Like most drunk driving accidents, a drivers reaction time, judgment and physical impairment all create a situation that is a prescription for disaster.

Continue reading "Drinking truck drivers" »

The statistics of children and car accidents are alarming. According to the National Center for Statistics and Analysis (NCSA), nearly 250,000 (that's right - a quarter million) children are injured every year in car accidents!

This means that every day of the year approximately 700 children are harmed in accidents on our roadways. That number translates to about 10 children per state.

Worse yet, however, is the fact that of the 250,000 kids injured each year, nearly 2,000 die from their injuries. More grim data finds that children make up about 5% of total fatalities due to car accidents.

In fact, for children between the ages of 2 and 14, motor vehicle accidents are the leading cause of death.

Although painful to relate, the aforementioned information is not the only ghastly information about children and auto collisions.

Car accidents are the leading cause of acquired disability (e.g., brain injury, paralysis, etc.) for children nationwide.

And around 20% of the children who die in a car accident each year are killed in accidents involving a driver who is legally intoxicated.

Nearly half of these children were killed while riding as passengers in an automobile driven by an intoxicated driver.

This information is chilling yet we cannot simply turn our backs on the facts.

Continue reading "Injury to children from car or truck accidents" »

In Houston, Texas the drunk driver capital of the United States another victim of suspected drunk driving was critically injured last night.

A local man was in critical condition Sunday morning after being struck outside a local nightclub in the parking lot. Authorities indicated the driver of a Ford Mustang hit the victim at a high rate of speed in the parking lot of the Escapade nightclub off the Eastex Freeway.

The man suspected of drunk driving apparently lost control of his Ford Mustang and struck the victim causing great bodily harm. The victim was taken to Ben Taub Hospital and is reportedly in critical condition.

Houston has a great many drunk driving accidents and fatalities, and Texas leads the nation as the state with the most alcohol related fatalities from car accidents. In 2008 alone over 1400 people lost their lives in Texas due to drinking and driving. That's over 43% of all car accident fatalities in Texas.

It is important to note that not all drunken-driving fatalities are the fault of the drunk driver. Sometimes the alcohol impaired driver just happened to be another car on the road at the time of the crash. However, as one would expect, the single greatest factor in traffic fatalities in Texas is the drinking driver.

Teenage boys and girls are the leading victims in drunk driving accidents. Of all the risks for teenagers, drinking and driving is the highest. Parents, please do your best to communicate the risks to your children of drinking and driving and also the consequences of writing in a car with a drinking driver.

Continue reading "Houston man in critical condition after being struck by suspected drunk driver " »

A semi truck driver ran into the back of a state vehicle that was working on a roadway. The tractor-trailer then flipped on its side and block the roadway.

Fortunately, police arrived and found the truck driver under the influence of alcohol. Police arrested the driver and according to reports cited him for DUI and reckless endangerment.

Truck drivers are held to a higher standard because of the increased dangers involved with large trucks. The trucks can weigh up to 20,000 pounds and take longer to stop then the passenger car.

Recently, an 18 wheeler accident killed 11 people. It is this kind of destruction that requires strict regulation of trucking companies and their drivers. Drivers who violate the hours of service rules or the substance use rules are a time bomb waiting to explode.

Not long ago, a Brazoria County jury sentenced a truck driver to prison for manslaughter in connection with an accident where the truck driver ran into the back of a stopped car. One person was killed and another seriously injured.
My post on that can be found at:
http://www.houston-truckaccidentlawyer.com/2010/03/truck-driver-found-guilty-of-m.html

Continue reading "Truck driver arrested for drunk driving after truck accident" »

One scenario that I see frequently in Houston car accidents is a drunk driver who causes the car wreck but flees the scene after the accident.

Most of the time, the intoxicated driver who leaves the scene of the accident does so only because their judgment is impaired through alcohol. Some are so drunk that they do not even really understand that they have been in a car wreck. And others are fearful of being arrested by police and charged with a DWI.

In a recent drunk driver lawsuit I handled, witnesses to the accident chased down the drunk driver and when he stopped at a convenience store, the witness prevented the drunk driver from driving off until the authorities could arrest him. That drunk driver injury case settled just before punitive damages were to be submitted to our jury.

This same pattern was repeated recently in Ft Bend County this week. Reports have a 43-year-old man leaving the scene after an automobile accident and being followed to his residence by a witness to the car accident. The man was arrested for drunk driving and its reported he told the police that he did not remember hitting another vehicle.

The reports have the man charged with driving while intoxicated and failure to stop and give information. Both such charges are no laughing matter in front of Texas juries.

The authorities suggest that if you do follow a drunk driver who leaves the scene of a car accident, to keep your distance, phone the police and do not endanger yourself while waiting for the police to arrive.

Continue reading "When drunk drivers leave the scene of a car accident" »

A Brazoria County jury has found a trucker guilty of manslaughter in connection with a truck accident in 2008.

The case involved accusations that the truck driver used cocaine prior to the wreck but according to reports, the jury for procedural reasons, did not hear evidence related to analysis of blood samples.

The wreck happened when the 18-wheeler hit 2 vehicles stopped at a construction zone near Angleton. The tractor-trailer hit a pickup and killed one person and injured an off duty officer who was directing traffic, it was reported.

The punishment phase of the trial was scheduled to begin today.

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" »

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" »