Houston Truck Accident Lawyer Blog

Nearly 11% of all vehicle accidents fall under the heading of 'hit and run' - and a significant number of these are never solved. This means that after the crash one party (usually the perpetrator) fails to stop and wait for an officer to come to the scene and make an official report.

It also means that one party does not have access to any of the hit and run perpetrator's pertinent information including driver's license and insurance. In addition, it is important to note that drivers are required to see to the needs of the victims after an accident - which may simply involve contacting emergency personnel and/or waiting for proper help to arrive.

The incidence of hit and run accidents is on the increase in Texas and across the country. Hit and run accidents are a real problem in Houston.

Research has found that there is a pattern in the reasons for people fleeing the scene. Common excuses include driving while intoxicated, lack of insurance, unlicensed drivers, realization of guilt and consequences and youthfulness.

Although every state is responsible for its own 'hit and run' legislation, each considers it to be a serious crime. Several factors are deemed important in assigning punishment to 'hit and run' offenders.

This includes the severity of the accident and if the perpetrator reverses their thinking and turns him or herself into authorities before they are apprehended. 'Hit and run' violators may be required to compensate their victims and be incarcerated for a set period of time.

If you have knowingly left the scene of an automobile accident you should contact an attorney for proper legal advice. Although difficult, it is best to do the right thing and inform authorities of your role in the accident. If you have information on a hit and run accident contact authorities.

Continue reading "Hit and Run is a Real Problem for Houston" »

Recent headlines on television, newspapers and radio have focused on the number of collisions that occur between moving vehicles and police cruisers that are pulled off to the sides of highways.

In fact, Houston just finished a week long campaign aimed at educating the general population about the recently enacted 'move over or slow down' law which calls for drivers to do just that in the presence of police vehicles pulled off to the side of the road.

The interesting thing is this isn't a new law at all - but one that was passed in 2003! It states that "when a driver sees a police car pulled over to the side of the road with its siren lights on you are legally obligated to either move over one lane or slow down 20 miles per hour below the speed limit".

It would seem that either drivers are unaware of this law or simply wantonly disregarding it because last year alone no less than 26 crashes occurred between highway drivers and police cars and four officers and four drivers in all sustained injuries that sent them to the hospital.

Statistics show that the year before that there were 19 crashes and 3 injuries. At least one third of these collisions involved drunk drivers (truly the bane of our existence!)!

Of course, as with any driving infraction - a disregard for the law comes with legal consequences. Fines range anywhere from $200 to $500 dollars.

One more thing for a Texas driver to be aware of to drive safe and within the law. It is important for us to follow this law to protect those who work so hard to protect us.

I also would like to take this opportunity to plug the Houston 100 Club which is a great organization and provides benefits to families of area officers who are killed in the line of duty.

I am a life member of the Houston 100 club and urge all of you to donate what you can to this worthy organization. Contact the 100 Club at (713) 952-0100 or see them on line at http://www.the100club.org.

Continue reading "Move Over and Slow Down Law" »

Police were called to the scene of a tractor-trailer accident where the two rear wheels fell off a big rig and caused a wreck. The equipment failure occurred about one in the afternoon when both rear wheels fell off the truck.

Three other vehicles were involved in the truck accident, according to reports. Not long ago, I wrote about a woman who had lost her life due to a big rig losing its wheel, which crashed into her windshield and caused her death.

Truck drivers are expected to inspect their equipment before each trip and after each trip. Not only do truck drivers have legal responsibility for the condition of their rig but also truck companies have a non-Dell available duty under the Federal motor carrier safety regulations to comply with the regulations as far as safety of equipment.

There is no excuse for a truck having a wheel come off and cause at a wreck. Not only is the public at risk, the truck driver is also at risk.

Many times truck companies contract out the maintenance of the fleet, however that does not relieve the trucking company of legal responsibility for the condition of the truck.

Continue reading "Wheels fall off big rig and cause wreck" »

It is my suggestion that one way to decrease the number of semi truck accidents is to increase federal regulations that require unfit and unhealthy truck drivers to give up the profession.

In this tough economy there can be no question that greater numbers of semi truck drivers have a variety of medical conditions that should - and would, with greater oversight - preclude them from climbing behind the wheel of an eighteen wheeler.

Certainly not all semi truck drivers demonstrate a careless disregard for the law but, instead, are not aware of the seriousness of a medical condition they may be exhibiting. Currently, commercial truck drivers are only required to obtain a physical every two years!

However, even as the federal government has been lumbering in their oversight of the commercial truck driving industry recent developments give heart that slowly but surely long-term improvements in the safety record of semi truck drivers will occur.

Let me refer the reader to the FMCSA website. The FMCSA or Federal Motor Carrier Safety Administration was established as a separate administration within the U.S. Department of Transportation. It is charged with developing Federal regulations that establish safe operation requirements for commercial vehicle drivers, carriers, vehicles, and vehicle equipment.

On January 1, 2009 the FMCSR issued a ruling that now requires states to merge as a single electronic record their commercial driver's license information with the driver's medical examination certificate. The goal is to streamline information and allow for instant access by state and federal officials. Not a bad idea in my opinion!

Continue reading "Prevent truck accidents by safety regulation" »

Unfortunately, semi-truck accidents in and around Houston are a regular occurrence. Many of these are injury accidents and many result in fatalities.

Last year semi-truck accident fatalities accounted for two percent of all highway deaths in Texas and can sometimes be traced to something as simple as inattention behind the wheel, or violation of a truck safety regulation.

Such was the case of the tragedy that transpired near Houston last fall as recounted by this Texas semi-truck accident lawyer. When coming upon a construction zone that requires the driver to minimize their speed a semi-truck driver admitted to being distracted and failing to negotiate the orange barrels placed there to guide drivers.

Horrifically, the semi-truck driver did not even see the traffic jam ahead of him caused by the need to merge two lanes of cars and trucks into one. He slammed directly into the car in front of him without ever hitting the brakes or slowing at all.

Needless to say, when there is a match-up between a ten thousand pound vehicle going over forty miles an hour and a three thousand pound vehicle at a dead standstill - loss of life and property ensue.

In the end the out-of-control semi smashed into several cars and as a result three people were killed. This fatal multiple vehicle collision caused solely by a distracted semi-truck driver is another sad example of the need for experienced semi-truck accident lawyers to exist.

Focus on truck safety is mandatory to prevent, as much as possible, truck crashes. Given the size and weight of big rigs, professional drivers are needed and ongoing examination of the effectiveness of enforcement of truck safety rules required.

We support the ongoing efforts of the Department of Transportation in the management of the Federal Motor Carrier Safety Administration.

Continue reading "2 % of Texas highway deaths are 18-wheeler accident related" »

In Texas particularly south Texas such as the Houston area we have fog with regularity in the winter and spring. Driving in fog can be very dangerous and has lead to many Houston truck accidents, injuries and deaths.

Fog is really a cloud that is at on near the ground, and is made up of very small water droplets suspended in air. And the problem with fog is that it reduced our visibility, sometimes radically.

A Dense Fog Advisory it means that your visibility in the advisory area can be reduced to one quarter of a mile or less.

Truck Drivers must use extreme caution to avoid a truck accident when driving in fog, the Federal Motor Carrier Safety Regulation 392.14 provides:

§392.14 Hazardous conditions; extreme caution.
Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction.

Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated.

Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.

While professional truck drivers have very specific marching orders about what to do in fog, drivers of automobiles should follow the same safety precautions.

Texas Department of Insurance published a bulletin offering the following safety advice to avoid a car accident in Texas when driving in fog.

• Slow down and do not drive faster than your
vision.

• be cautious, fog can become thicker without
warning and without being noticed until it is too
late to react.
• Increase following distance to ensure enough
reaction time and stopping distance.

• Turn on all your lights-including your hazard
lights. Use low beam headlights and fog lights.
go not use high beams.

• Turn on your 4-way flashers to give vehicles
approaching from behind a better opportunity to
see and notice your vehicle.

• Use windshield wipers and defroster as necessary
to maximize visibility.

• be ready for emergency stops by other vehicles.
• If possible, drive in a "pocket" where no other
vehicles are around you.

• Turn off your cruise control so you are in control
of your vehicle.

• Use the right edge of the road or roadside
reflectors as a guide.

• Listen for traffic you can't see.

• Do not change lanes or pass other vehicles, unless
absolutely necessary.

• Remember that other drivers have limited sight
distance and that fog makes the road wet.

• Signal early, and when you use your brakes, don't
stomp on them.

• Watch out for slow-moving and parked vehicles.

• If you cannot see, pull completely off the road
preferably at a rest area or truck stop.

• If you pull off the road, turn on your hazard
flashers immediately.

Continue reading "Reduce Texas truck accidents -be careful when driving in fog" »

Two people were injured in an 18-wheeler accident on US 290 yesterday. The truck was carrying chlorine at the time of the crash. Both injured victims were taken to Brackenridge Hospital and the extent of their injuries unknown at this time.

The truck accident caused local school busses to be rerouted and many students had to be pickup up by their parents in lieu of riding the bus home.

Trucks caring hazardous substances like chemicals are subject to heightened responsibility to protect the public in the event of a truck accidents.

An 18-wheeler accident involving hazardous materials subjects the truck driver and the trucking company to additional regulatory requirements in reporting the accident.

The motor carrier must report an incident involving hazardous materials at the earliest practice time when hauling hazardous substances and someone is injured in the truck crash and is hospitalized, or if certain substances are spilled, fire breaks out or other specified events occur.

The notice required of truck companies (motor carriers) is by telephone to the DOT or in some cases to the CDC for etiologic agent spills.

For trucking company regulation, "hazardous materials" have 9 different classes or categories. Truck drivers and others who handle or load the hazardous material are required to have specialized safety training.

Additionally, truck drivers and trucking companies must undergo security training for haz mat transportation to be aware of security risks associated with transporting such material.