Houston Truck Accident Lawyer Blog

The National Transportation Safety Board is not a legislative body and cannot, therefore, enact laws related to any mode of transportation - air, marine, highway or otherwise. However, they are an investigative group who throw the full weight of the government into researching the cause of accidents and drawing conclusions from which they make transportation related recommendations.

The public can access their reports dating back several decades. For our purposes let us consider some of the recommendations made related to semi-truck driving and safety. As mentioned in a previous blog, reports indicate that after an accident that took the lives of 10 people when the truck driver lost control of his rig and crossed into the path of a van when he became distracted by his cell phone, the NTSB has called for a ban on cell phone usage of any kind by semi-truck drivers when they are actually in the act of driving itself.

Needless to say, many truckers are up in arms about this proposition. They claim they use the technology safely and to impose a blanket proclamation of this kind is nothing more than an impingement on their civil rights. However, commercial trucking is an industry - and subject to the regulatory and legislative oversight necessary to ensure (as best as can be done) the safety of the driving public in general.

I urge my readers to take the time to visit the ntsb.gov website and review some of the more recent accident investigations and resulting recommendations. You will find that the accident reconstructionists have been extremely thorough in their investigations - explaining in painful detail how the events of some of the more horrific semi-truck accidents unfolded - and how they can be prevented in the future. This is an exceptional example of our tax dollars at work.

Continue reading "NTSB Investigations of Truck Accidents" »

With the passage of NAFTA (North American Free Trade Agreement) has come an unanticipated series of complications and problems related to the trucking industry - particularly concerning Mexican truck drivers on U.S. roadways.

According to one federal report - in a recent year more than 5 million trucks crossed the Mexican border into the United States. All indications are that this number is expected to grow exponentially in the next decade. The original NAFTA agreement called for trucks from Mexico to have the right to travel only into bordering states - and this authority was to be reciprocated to U.S. drivers in the coming years - an event that was postponed on several occasions.

Meanwhile - concerned citizens banded together to lobby Washington D.C. - demanding they reconsider the permission to access American roads by Mexican drivers for numerous safety reasons.

First, they point to the fact that average age of a Mexican semi or other commercial vehicle is often a decade older than their American counterparts. In addition, they are much more poorly maintained - and the trucking regulations in Mexico are much more lax than here in the states (and even our expectations are low).

Litigation tied up the courts for years - until a limited pilot program was put into place only several years ago. At this point the jury is still out on the effectiveness and value of allowing Mexican drivers to work within our borders.

This issue is of paramount importance to the citizens of Texas as we are the front line for Mexican drivers in the U.S.

Preventing even one Texas truck accident can save lives.

Continue reading "Mexican Trucks and NAFTA" »

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.

Continue reading "Truck Driving as a Career" »

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.

While all aspects of semi truck and automobile accidents are covered in this electronic journal - including such things as insurance, injuries and recovery, progressive safety technology and statistics - I have yet to provide a comprehensive list of organizations and websites that readers may refer to in order to stay abreast of the industry.

Unfortunately the parameters of this blog will allow me to only offer a few of the more important agenicies. If you have any interest in reading more extensively on rules, regulations and other topics then visit any of the websites that follow.

The United States Department of Labor - Occupational Safety and Health Administration (OSHA). http://www.osha.gov/SLTC/trucking_industry/index.html

U.S. Customs - they oversee the entry of foreign goods into the United States and are one of several regulatory agencies.

Department of Transportation (DOT) - specifically the Federal Motor Carrier Safety Administration (FMCSA), a department within the DOT, sets and enforces the Motor Carrier Safety Regulations (MCSR) which set safety standards for the design, manufacture, and operation of transportation equipment. www.ai.volpe.dot.gov

Texas Department of Transportation.This site has many interesting and relevant links. http://www.txdot.gov/

Texas Department of Public Safety. http://www.txdps.state.tx.us/driverlicense/

Each of these websites has a tremendous amount of information specific to trucking as well as related topics. They are updated regularly and provide phone numbers and contact information should you have questions or the need for further direction

Continue reading "Local, State and Federal Trucking Agencies" »