Houston Truck Accident Lawyer Blog

The duty to inspect, maintain and repair semi trucks in the motor carriers fleet is codified in part 396 of the Federal Motor Carrier Safety Regulations.

396.1 provides that: "every motor carrier, its officers, drivers, agents, representatives and employees directly concerned with the inspection or maintenance of motor vehicles shall comply and be conversant with the rules". What this is saying is that the trucking company must ensure that its employees not only follow the rules but also know the rules with respect to maintaining and repairing trucks.

Further, section 396.3 provides: "every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles subject to its control".
The regulation goes on to provide that parts and accessories shall be in safe in proper operating condition at all times.

That only does part 396 specify specific actions that must be taken to make sure that big rigs are safe to be on the roadway but also and equally important document the condition of the vehicle with appropriate paperwork.

Many truck accidents in Texas involve commercial vehicles that when subjected to an impartial inspection reveals the truck was being operated in an unsafe condition at the time of the accident.

Sometimes the condition of the vehicle can be the specific cause of the accident.

If you are loved one has been involved in a serious 18 wheeler accident and would like to speak with an experienced 18 wheeler accident attorney in Houston, contact the Baumgartner law firm at 281-587-1111 or fill out the contact us form on this website.

Semi-truck accidents are some of the worst on the roads. Statistics about 18 wheelers and collisions confirm this.

*In a single year recently there were nearly half-a-million semi-truck accidents across the United States that resulted in over 5000 deaths. This translates to a semi-truck accident fatality every 16 minutes somewhere in the country.

*Two-thirds of semi-truck accidents occur with rigs that are hauling a single trailer - the rest are collisions with rigs that have multiple trailers.

*Texas leads the nation in semi-truck accidents and deaths. Other states with high rates of semi-truck accidents include California, Florida and Pennsylvania.

*The majority of semi-truck accidents occur on dry pavement, during daylight hours and on 2- lane, rural roads.

*Semi-trucks logged close to a half billion miles on American roadways in a recent year. This number is expected to increase as the trucking industry is one of the few industries that are expected to grow in the next decade.

*In an accident between a semi-truck and passenger vehicle - 98% of the fatalities are to persons in the car.

*The trucking industry raked in well over half a billion dollars in revenue last year alone. Some of that money is used to employ lobbyists who keep the pressure on Washington to avoid adding more rules and regulations to their business. Unfortunately, we need the regulations to protect our families.

Stay informed.

Continue reading "Regulations Needed to Prevent Truck Accidents" »

Recent reports indicate that a local area man was arrested for allegedly dumping huge quantities of hazardous wastes from a tanker truck into the city of Houston storm drains.

Reports further indicate that the man arrested was allegedly employed by a local area company. The investigation over allegations of azygos waste dumping began several months ago after reports that a detention pond had been contaminated. Reportedly the police investigation concluded that thousands of gallons of hazardous waste were being improperly dumped in the Houston area.

It remains to be seen what charges if any are brought against the company that allegedly employed the tanker truck driver. Estimates of damage to the storm drain waters are in excess of half of a million dollars.

Houston Police Department environmental investigations unit and Harris County precinct number one constables were involved in the investigation of the alleged improper dumping.

Continue reading "Truck Driver Accused of Dumping Hazardous Waste in Houston" »

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" »

An insurance defense lawyer backed by special interest lobbyists from the insurance industry have submitted a bill known as the loser pay law. The name in itself is misleading and fraudulent in that the loser does not pay attorneys fees -only Texas families will pay attorneys fees under the bill.

In truth, it is not a loser pay law- it is a only one party pays-Texas families. Specifically what the bill is designed to do is to make Texas families who are forced to file a lawsuit defended by an insurance company to pay the insurance company's lawyers if they don't cover enough money.

When an insurance company fraudulently denies a legitimate claim and a family wins the lawsuit-the insurance company who lost the case and have mounted a frivolous defense does not have to pay the legal fees of the Texas family.

It is NOT A LOSER PAY LAW! INSURANCE COMPANIES DONT HAVE TO PAY-ONLY FAMILIES ARE ASKED TO PAY THE INSURERS LAWYERS!!

However, when a Texas family brings a claim if they win the case but don't recover enough money under this bill they will be required to pay the legal fees of the insurance company. This unfair pro-insurance -anti-family law is a travesty and should cause outrage by Texas families.

Texas is faced with a frivolous lawsuit problem right now and that is that insurance companies are forcing litigation on Texas families by denying legitimate claims and then using in-house or employee lawyers to fight the case.

In other words insurance companies are making it so expensive for a family to process a claim because they have to go to court for any type of fairness. Given the family pay law that is proposed by the insurance lobby- insurance companies abusive claims practices in Texas will be multiplied by 10.

Texas does not regulate its insurance industry claim practices and that has led to numerous abuses by insurance carriers at the expense of Texas families.

This new bill will make that situation much worse and anytime you put an insurance company's interest above a Texas family-something stinks.

Call your representative and tell them to vote no on the Texas family pay law!
Similar posts: Texas family pay law
http://www.texastriallawyers.com/blog/texas-insurance-companies-press-"family-pay-law"

Although automobile and truck manufacturers are working feverishly to improve the safety of their products for consumers - adding all kinds of bells and whistles including 'cages', side airbags, 360 degree vision, talking cars and the like - it seems out legislators are set to negate any gains we could possibly make from these new safety devices. How is that you ask?

They have decided to commission studies that would allow for the increase of the speed limit to 85 miles per hour. As anyone who drives knows - this will actually mean 95 miles an hour - and I dare anyone to argue that point.

Who among us does not push the speed limit on the highway having faith that 5 miles over the speed limit is not even something a state trooper will stop you for - and more likely out speedometers hover on the 8-10 miles over the posted speed limit signs.

Any quick (not even in-depth) review of research offered by the U.S. Department of Transportation and other sources will uncover the fact that speed kills (oh, yes, and maims or permanently disfigures).

It does not take an automotive engineer to realize that the faster an object is going when it hits another object the greater the devastation of that impact. Add to this the additional semi-trucks that are expected to be on our roadways in the coming decade and all that I can see is a recipe for disaster.

As a Houston truck accident attorney I have had the all-too-often heartbreaking job of witnessing the aftermath of accidents up close. The fatality statistics for vehicle accidents remains between 30 - 40,000 Americans a year.

Don't forget - many are children. Contact your Texas legislator and let them know you do not support this increase.

Continue reading "85 mph Speed Limit in Texas?" »

In good news for safety advocates and the well-being of Texans generally, I'm happy to report that the state house of representatives recently passed a bill which would ban text messages and e-mails while driving.

The statewide ban on driving and texting would help solve the significant distracted driver problem Texas faces. Many cities and municipalities have passed their own version of distracted driving statutes and those very in their makeup. Having a statewide law coupled with education of the new statute will help make our Texas highways much safer.

The bill known as House Bill 243 passed overwhelmingly and will amend the Texas transportation code if it is enacted into law. A companion piece of legislation has been presented in the Senate.

Let us hope that the statute becomes the law of the land and we couple the new law within educational push to implement it. Some studies have indicated that distracted driving can be as dangerous as drunken-driving.

Continue reading "Texting Ban in Texas?" »

There are dozens of jobs that require a person to apply for a CDL or Commercial Driver's License in Texas, and the obvious reason is for operating an 18 Wheeler tractor and trailer combination for local or long haul trips.

You must first already posses a Class A drivers license, and this what is issued most of the time in order to operate regular size cars, pickup trucks, and SUV's. Where the rules change is when large amounts of weight are involved in operating trucks or tractors, and there is a process that every person must undertake to be approved for such a license.

A Texas commercial driver's license is necessary for any vehicle having a gross weight from the maker of more than twenty-six thousand pounds, also for a vehicle towing a trailer that weighs in at more than ten thousand pounds. In addition, when passengers on say a bus total more than sixteen people, or when hazardous materials are being moved from one point to another. The regulations were set by the federal government back in 1986 for all fifty states to adhere to in the interest of public safety.

You must be 21 when obtaining a commercial vehicle license, although there is an exception to the rule as a person over eighteen can be granted a CDL, as long as they do not travel outside of the state of Texas. Otherwise, being granted a commercial license allows the operator to drive in all fifty states of the USA.

Just like when trying to acquire a pilot's license, commercial drivers are required to undergo a physical examination by a physician before they can be awarded the privilege of a commercial endorsement.

There are several certified driving schools in each major city, that can help an individual in learning all the material required to take the written exam. The school or academy will also have training areas, that a student driver can take instruction from a teacher, and practice tasks, like hooking up to a trailer, backing up long distances to loading docks, and other needed skills.

Besides the medical exam, there will an additional vision test, several applications depending on what type of endorsements will be needed to complete the upcoming job a person is trying to land. After passing the written exam, an appointment for the physical skills test will have to be set, so a certified DOT officer can make sure the driver's skill level is meeting the minimum requirements.

Continue reading " What You Need When Obtaining A Commercial Vehicle License" »

Perhaps one of the most common causes of semi-truck accidents - that could be wholly preventable - is the failure of trucking companies to complete a thorough background check of a potential employer before allowing him or her to drive. Trucking companies are under multiple pressures.

They must meet the needs of their manufacturers to get products to their destination in shorter amounts of time than ever before - competition dictates this. In addition, there is expected to be a marked increase in the demand for trucking over the next decade.

Meanwhile state and federal government organizations are placing greater expectations on the trucking industry to try to increase overall safety - and we all know this translates to more work for the company.

Therefore, one place a trucking company may be willing to compromise is in the hiring department. After all, they might reason, what are the chances that something like that could backfire - put a trucker in the semi and get that product moved.

This, however, is probably one of the worst places to cut corners. Why? Because truck drivers have an awesome responsibility. If a driver has a history of mental problems, substance abuse or an otherwise poor driving record then this is not the person you want representing your company. In the case of an accident - the truck drivers driving record will be looked at closely.

Continue reading "Drivers Qualifications" »

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.

The National Highway Traffic Safety Administration (NHTSA) is a valuable national organization dedicated to keeping the public informed about all things related to traffic safety - from product recalls to safe driving tips and more. Their website is easy to locate - and is so chocked full of interesting and timely information that I would recommend you make it a 'favorite' site to visit on a regular basis if you are interested in 18 wheeler accidents, trucking or motor vehicle safety.

Consider some of the following topics recently covered by the NHTSA.

There is continued concern about 15 passenger van accidents. They have been involved in a number of recent and high profile personal injury and wrongful death fatality accidents that have called passenger vulnerability into question.

In addition, the site offers regular reminders of safe driving habits for all weather conditions.

Too, you may find out more quickly about a vehicle recall on this site instead of waiting for notification by mail. In fact, the website will explain how to get these types of notifications sent directly to your email or phone.

And if you are interested in the latest findings of annual vehicle crash tests - and which vehicles have been deemed the safest because of them - all of this data is available at this site.

Finally, as new information on a wealth of topics becomes available - older articles are saved and can be accessed through the search menu.

Both the federal and state governments take some responsibility for regulating the semi truck and trucking industry in general to prevent truck accidents in Texas and across the US. Their efforts usually fall under the head of 4 main categories. Let us consider these in this blog.

One of the main concerns of regulators is the issue of the number of hours a driver puts into service before being required to take a break. This is a particularly hot bed topic of late because the federal government has proposed restrictions on drivers that have heretofore not existed - and as one would suspect - the trucking industry is opposed to these new regulations.

While the U.S. Department of Transportation is ready to impose stricter guidelines on the number of hours that a driver can put in over a twenty-four hour period - the trucking industry is poised to ask for more as the call for transported goods is expected to increase in the next decade.

A second area that falls under regulation is standards for the safety of the equipment. This includes regular safety check-ups of brakes, lighting, etc.

A third concern for regulators is the amount of insurance that a trucking industry and/or trucker must carry in case of an accident (that could result in catastrophic and life altering injuries or wrongful death lawsuits).

Finally, regulators continue to oversee commercial driver's license standards. I am of the opinion that regulators perform a valuable service for the American public - and may actually be the only thing that stands between you and that semi truck.

Continue reading "Trucking Regulations are Necessary to Protect the Public" »

There are several reasons why truck drivers and trucking companies are not popular with jurors.

The first reason is that a truck driver is a professional and is held to a professional standard of driving. They are operating rigs that if involved in an accident most likely will lead to serious injury or wrongful death.

The second reason is because there are very specific rules which professional truck drivers and trucking companies must follow to protect the public. Violation of these clear well-established safety standards in pursuit of profit is not a popular concept.

The third reason why trucking companies and their drivers are unpopular with jurors is that any risk taking with an 80,000-pound vehicle on the highway is one that needs to be addressed to protect our community.

Most truck accidents with truck driver negligence or trucking company violations that can be clearly demonstrated to the world by the application of the Federal Motor Carrier Safety Regulations does not make the defendants look good.

In many typical truck accident lawsuits many of the defense tricks are not well received by a jury when balanced against the conduct of a "professional" driver and company profits over safety.

Continue reading "3 Reasons Why Jurors Hold Truckers Accountable" »

As part of a crackdown on distracted driving the DOT has proposed prohibiting professional truck drivers from using cell phones while driving.

The Department of Transportation's proposal spear headed by DOT Sec. Ray LaHood is the latest effort to prevent commercial drivers from distracted driving.

Distracted driving is a huge problem in America; every day folks are killed because someone was texting or reading e-mail. Several families who have lost young drivers have also mounted campaigns against distracted driving.

The difference between drivers and truck drivers is the devastation that can be caused by an 80,000-pound big rig.

The DOT estimates that approximately 10% of all semi truck accidents were partly due to inattention by a commercial truck driver.

As with all DOT regulations a review and comment time precedes any rule being finalized.

Let us hope this new regulation gets adopted promptly, it will save lives.

Continue reading "New Regulation to Prohibit Cell Phone Use by Truckers" »