Houston Truck Accident Lawyer Blog

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" »

A garbage truck struck and killed a Texas woman this week and the truck driver refuses to discuss the accident. Reports from news media indicate that the woman was crossing the street in North East El Paso when the garbage truck backed over her causing her death.

Police are investigating the truck accident and have not released and official report yet. It remains to be seen if any charges will be filed against the truck driver.

As previous posts have indicated trucks are especially susceptible to running over pedestrians or vehicles when backing up due to limited visibility.

Several safety items have been tested which make commercial vehicles safer when backing up.

The most effective safety devise for backing up in a large truck is the video monitor which shows the driver exactly what is behind the truck. Such monitors are available as an after market devise for around a 100 dollars. A small price to pay for saving a life.

Continue reading "El Paso woman killed by dump truck" »

Today's automobiles incorporate many new safety features but the seat belt and airbag will remain the most beneficial in preventing deaths as a result of a car accident.

Airbags are designed to deploy in front-end or near front-end collisions. The United States requires deployment in a crash deceleration of as little as 14mph into a barrier.

The concept of the airbag is that it is a soft pillow to land on in the event of a crash. Since 1998 all new cars must have front airbags for the driver and passenger but many auto manufacturers have gone beyond this minimal requirement and include up to eight airbags placed strategically throughout the vehicle.

To understand the basics of how airbags work we must turn to simple physics and the laws of motion. Moving objects have momentum (the product of an object's mass and velocity). The object will continue to move in its original direction at a predetermined speed unless it meets up with an outside force. To stop an object in motion requires force acting over a period of time.

In the case of auto accident the car's momentum stops instantly when it comes into contact with another vehicle or object but the persons inside will continue moving until a force is imposed to cause it to stop.

The goal of the airbag is to help stop the passenger while doing as little damage to him or her as possible. This must happen within the fraction of a second. The airbag actually slows the person without abruptly stopping them. In this way there is less possibility of serious injuries.

Continue reading "Air bags-important auto accident safety feature" »

Although we have 'talked' about safe driving in other blogs it is a topic so important that we should return to it on a regular basis. We have already waxed long on the importance of giving your driving your full attention and keeping your speeds down.

Too, we have pointed out the folly of driving while intoxicated or otherwise impaired.

Now let's add to this list of safety tips with some never-before-discussed ideas.
First, you should map out your route before you leave the house when going on a trip or to a location that is foreign to you.

This will prevent you from taking your eyes on the road to look for street names and building numbers. It will also keep you from slowing down in busy traffic and causing other motorists to have to drive around you or guess what you are doing.

Too, if you are going on a long driving trip bring your car to an acceptable speed and then engage the cruise control. This will ensure you are driving at an even, measured pace which is the safest way to motor on the highways.

A third important tip seems obvious. If you are taking a long road trip get plenty of rest the night before and stop often to stretch and relax. When you stop get out and walk around so that you can keep the blood flowing and remain alert.

Driving is more than a pastime. It's serious business - one could even say a matter of life and death.

Continue reading "Planning your trip- can help you arrive safely" »

According to reports, a pickup truck was involved in a truck accident with a school bus this week and the pickup truck driver died. Five children and the school bus driver were taken to the hospital with injuries and reports thankfully have all in fair condition.

The disparity in size and weight between buses or other commercial vehicles and pickups in passenger cars can be most dangerous for the smaller vehicle. However, with school buses particularly in those without seatbelts, children can easily get hurt.

Texas has recently passed and unfunded initiative, which requires that each school bus purchased by a school district after September 1, 2010 have seatbelts. But the initiative only kicks in if the legislature provides sufficient funding. To date
It is my understanding that the funding has not been secured for all such purchases.

Texas is to be commended for enacting such initiative and for the funding that has already been arranged. While safety advocates have been seeking seatbelts in school buses for years I am delighted to see Texas as one of the leaders in the country on the issue.

Continue reading "School bus accident leaves one dead end injures five children" »

Around the Houston area there are semi-truck tractor trailer accidents nearly every day. Some of these result in death and others result in bodily injury.

Truck wrecks always leave property damage in their wake as well as traumatized victims and witnesses. Bodily injury is at the same time both a broad and vague term. It cannot begin to explain the hundreds of different afflictions that may be short or long term and cost tens of millions in medical treatments annually.

As always, this injuries is a topic that is difficult to discuss but if it causes just one reader to alter a bad driving habit then it has served a purpose.

Due to the sheer size and weight of a semi tractor trailers the accidents caused by them are usually catastrophic.

Broken bones are only one small type of injury passengers might sustain in a collision. More often neck and spinal cord injuries are the result of a semi truck accident.

Many accident victims receive permanent and debilitating impairments - deformities that alter lives forever. Some are left without the ability to walk - requiring the use of a wheelchair and others never regain consciousness but live in a continued vegetative state. Still others may suffer through an amputation because doctors are unable to save the limb.

Continue reading "Houston truck accidents happen every day. " »

As recently as last week a semi tractor trailer accident resulted in the fatal death of its driver on a local Houston highway. According to reports, the cause of a collision between two eighteen wheelers was speed.

The first rig was traveling at an excessive rate and the driver lost control of his vehicle. It hit a semi truck in front of it and flipped on its side. The driver of the second semi was not injured but his truck caught fire and was a total loss. The driver of the first rig was pronounced dead at the scene.

Semi truck accidents are all too common both locally here in Houston as well as on the nation's roads.

The worst thing about many 18-wheeler accidents - besides the loss of life and emotional trauma of the families of the dead - is that most accidents are easily preventable.

What is required is that driver's behave responsibly behind the wheel. Traffic fatalities serve as a reminder - to those who either witness the accident first hand or experience it in another way - that automobiles and big trucks are dangerous machines and should be handled as such.

Cautious driving is always in order.

Continue reading "2 semi trucks crash in Houston one dead" »

Did you know that there are a series of steps one must take when involved in an automobile accident to protect yourself and your rights? Let us consider these in this blog post.

Automobile accidents take many forms - it could be 2 or more automobiles involved in a collision, a truck-car accident or even one that involves a pedestrian. No matter what type of collision you are involved in follow these easy suggestions.

Immediately following an automobile accident the emotions of everyone involved are running high. Try to stay calm. Never...ever leave the scene of the accident - whether you caused it or not. The exception to this may be if the accident occurred in a deserted area - if it appears that the other driver's intent is to do harm then call the police and drive to the nearest police station. But the general rule is never leave the scene of an injury accident.

If you are able - check on the condition of the other drivers and passengers then immediately call the police. While waiting for their arrival you may want to exchange information such as the name of your insurance companies.

However,...and THIS IS VERY IMPORTANT...do not apologize for anything at the scene. This may result in backing yourself into a corner in terms of legal responsibility.

Finally, get the names and numbers of any witnesses to the accident - something the police will do as well.

Continue reading "Auto accident safety suggestions" »

New and sometimes old technology can be used to effectively reduce or prevent truck accidents. Most effective for the reduction of truck wrecks from driver fatigue is GPS, which can be used by the trucking company to monitor hours of service, the speed of the vehicle and can be used to verify the logbooks that truck drivers must maintain.

Some 18-wheelers GPS devises are enhanced with "black box" technology or crash data recorder, which records accident events and gives a very clear picture of the rig in the minutes before the accident. Information such as speed, braking, rpm, and other material accident information are recorded automatically when an "event" triggers the recorder.

New passenger cars such as GM, Ford, Chrysler and Toyota come with crash data recorders which are very similar to data recorders on airplanes.

In semi trucks it is the engine manufacturers who have data recorders standard with their engines. One of the earlier manufacturers to incorporate black box event records was Caterpillar who since 1994 had crash data available. Cummins another large maker of diesel motors started event data in 2002. Mack had crash data available since 1998, and other semi truck motor makers have varying data available.

Prior to the crash data being incorporated into the tractor trailer motor after market suppliers provided event recorders which have been used for many years by better trucking companies.

Not only does the event recorder help answer questions about what caused the truck accident, it coupled with GPS devises can help a trucking company comply with applicable regulations to help insure a safe fleet.

Continue reading "Using technology to prevent truck accidents" »

Teenage drivers are inexperienced drivers and much more prone to injury in an auto accident than other drivers.

The National Highway Transportation Safety Administration posted a study about the number of young driver's deaths related to car accidents, in an effort to raise safety awareness. Some of the more shocking disclosures are:

• Motor vehicle crashes are the leading cause of deaths for teenagers in the U.S.

• Each year over 5,000 kids aged 16 to 20 are killed in car accidents.

• On average, a teen dies every hour on weekends.

• About ¼ of those teen auto accident fatalities involve drinking drivers.

• About 60% of passengers who were killed in a teen-age car wreck were not wearing seatbelts.

• Teenage kids are the least likely of all groups to wear seatbelts.

Teen drivers safety is critical and needs to start at home. With the high rates of teenaged drivers and their passengers killed every year, the ball is in our court.

In depth studies have found that one method of reducing teen-age auto accident injury is to delay the licensing of young driver to age 17. To date, New Jersey is the only State to adopt such a requirement, and we have not much chance of that passing in Texas (much to the delight of my teenage son).

Other studies have shown that graduated licensing rules, which generally ease a teen driver into driving, are shown to reduce auto accident fatalities with young drivers.

What we can do in Texas to reduce auto accidents is talk to our children and their friends about the dangers of drinking and driving. Make sure its "cool " to wear seatbelts.

Give our children more drivers training than is required. Ride with them and help them be safer drivers. And most of all, instill a leadership attitude in our girls and boys to take safety first.

Continue reading "Car accidents with teenage drivers- some shocking facts" »

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.

A Houston woman was involved in a car wreck but did not go to the hospital the day of the wreck has died from a closed head injury.

On February 15th, the 50-year-old woman was struck from behind on the South Loop in Houston. Officers investigated the Houston auto accident and both drivers reported no injury and exchanged insurance information with each other.

The next day after the automobile accident, the woman went to Memorial Herman Hospital with a headache where she remained until the time of her death. The Harris County Medical examiner found the cause of death as complications from blunt force trauma.

This sad tale is one that Houston personal injury lawyers see frequently, a victim of a car crash who at the scene do not believe that they are hurt only to learn later on that they have serious injury.

While most times if there is any chance of a head injury, paramedics will insist the victim is checked out at the emergency room. Some times the person who has been in the car crash is in shock and does not realize they are hurt and sometimes the injury manifests itself for the first time in the days following the car wreck.

Texans typically are very self sufficient and many try to "tough it out" when they have serious injuries. I see serious spinal cord injury from a car accidents all the time when a person reported they were ok at the scene of the automobile crash.

If you are involved in a auto accident and even think you may have been hurt- recall this sad story to remind yourself to be safe, if you have any doubt and get checked. Also understand that just because you have been released from the emergency room does not mean you are ok.

If you have residual problems or if the symptoms get worse or don't go away, follow up with your doctor, as many people do not learn the seriousness of the injury until more specialized testing is ordered later on.

Continue reading "Houston woman dies from head injuries from car accident" »

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?