Recently in Truck Accident Lawyers Category

January 15, 2012

Recent Texas 18 Wheeler Accidents

Semi-truck accidents that cause catastrophic injury and death occur nearly every day in and around Houston and across the state of Texas. What follows is a short litany of reports of vehicle collisions that occurred over the past week or two.

*On a clear Sunday morning a passenger vehicle collided with a semi-truck on a rural Texas road - leaving the driver of the car dead as a result. The investigation is still in its preliminary stages and anyone who was witness to the accident is asked to contact the authorities.

*A particularly heinous semi-truck accident last week led to the decapitation of a small truck driver as he passed under the turning rig on a Texas country road. In this case, the final determination of fault is still pending while accident reconstruction is underway. But it is difficult to imagine the emotional trauma incurred by surviving family and friends. Truck accident attorneys sometimes see this type of injury with 18-wheelers jackknifing across the roadway.

*Not all semi-truck accidents involve drivers and passengers in other vehicles. A man unloading a rig was pinned by a semi-truck while on the dock and died as a result. Preliminary reports say that there were no witnesses to the accident except the driver of the 18-wheeler - which may make getting to the truth of the accident difficult to discern. Loading accidents are much more common that one would expect, heavy cargo can be very dangerous if not loaded properly or if there is not enough manpower or proper equipment for the job.

Semi-trucks are dangerous vehicles and should be treated with a respectable caution when you are driving or otherwise in the vicinity of these big rigs because the sheer size of a tractor- trailer makes than dangerous.

Continue reading "Recent Texas 18 Wheeler Accidents" »

December 19, 2011

Parked Trucks Cause Accidents

If improperly loaded trucks pose a hazard to the driving public - one can be sure that so, too, does an improperly parked truck. Now, there is no question that truck drivers are usually faced with a dilemma in most parking situations. In city driving - there is usually little room to turn or maneuver and few parking areas allotted to hold a vehicle of such massive size and girth. Highway driving is equally problematic.

If a semi-truck driver suddenly needs to pull off the road - it requires ample space for them to get up to speed again before pulling back onto the road. Of course, it is true that over-the-road or long-distance truckers are usually able to find a place to park either short or long term if they need to grab a bite to eat or get some sleep (most are equipped with sleeping berths).

Unfortunately, even though there are ordinances that govern where a truck can stop and park - often truck drivers overlook these rules in the name of convenience. When this happens -accidents that result from improperly parked trucks are very common - and many have resulted in catastrophic injuries or even death.

Recently, reports indicate a UPS driver double parked his vehicle on a busy city street to drop off a package. In the moments it took for him to exit the truck and return, a teenager rear-ended the delivery vehicle because he did not realize it was stopped. The young man suffered extensive spinal injuries and is still not walking.

In another incident, a semi-truck driver pulled off a freeway ramp to get a few hours of shut-eye. An older man on his way to work failed to see the truck and sideswiped it - flipping his own vehicle. He died at the scene.

If you have questions about a truck accident and would like to speak with a truck accident attorney about your rights and options call the Texas truck accident attorneys at the Baumgartner Law Firm for a no obligation consultation.

December 14, 2011

Houston Area Loading Accidents

The truck driving industry is fraught with dangers and problems compounded by lower profit margins and greater competition. Poorly maintained equipment, unprofessional drivers and questionable industry tactics are but a few of the challenges that have the potential to impact the driving public at large.

In addition, an often hidden hazard in the trucking industry is an improperly loaded truck. In these instances, cargo has a tendency to shift and this can adversely affect the trajectory of a tractor trailer causing a number of scenarios.

For instance, in one case improperly loaded material shifted when a truck took a highway curve too quickly and the tractor trailer overturned. The driver was thrown from the vehicle and later died from injuries he sustained. The driver was not responsible for loading the material on the truck - and the accident remains under investigation while blame can be determined.

Recently, the Baumgartner Law Firm handled a semi truck accident case where a big rig rolled over and a passenger was seriously injured, in the case we sued both the driver and the company who loaded the semi truck.

Another example of an improperly loaded truck is one that has been overloaded. An overloaded truck can cause the tires to burst, the vehicle to roll over, difficulty in bringing the truck to a stop or causing the brakes to fail altogether, and jackknifing. Too, an overloaded truck may not be able to maneuver up a steep incline.

As you can tell, an improperly loaded truck - one that is under or overloaded or one in which the load has not been secured correctly - can lead to deadly accidents. This is just one more reason to give semi-trucks a lot of room on the open road.

Continue reading "Houston Area Loading Accidents" »

December 10, 2011

Tanker Truck Accidents

Tanker trucks are a specific type of semi-truck designed to carry liquefied loads, gases or dry bulk cargo. Because this encompasses such a wide variety of products tankers take a variety of forms.

Tanker trucks are actually prone to roll over accidents for several reasons. First, the design of the carrier makes it more likely to roll in extreme weight shifts. Then, if it does roll, it has a tendency to roll multiple times (like a ball) before coming to rest.

Tankers are also more difficult to stop in certain circumstances and behave very differently when loaded than when empty. Truckers who drive tankers must be aware of the unique ways in which this vehicle behaves under different circumstances before getting behind the wheel and taking to the open road.

Unfortunately, other causes of tanker truck accidents are similar to that of fellow semi-truck drivers. Driver fatigue and inattention are two reasons for serious truck accidents. A poorly maintained vehicle or inexperience can also lead to injury and death of the truck driver or other innocent drivers and passengers on the road.

Finally, tankers are usually transporting flammable or toxic materials that make them an even greater danger and more reason to travel cautiously - a warning to all those on the road. Tanker trucks in particular are the cause of several accidents a week in and around Houston and the country. Some are deadly - all are unsettling and even the truck accident without injury can have huge costs in cleanup and traffic delay.

Continue reading "Tanker Truck Accidents" »

November 3, 2011

100,000 Truck Accident Injuries Each Year

As a semi-truck accident lawyer - data is an integral part of my practice. What follows are some vital statistics that should be of interest to consumers.

*The average weight of a semi-truck is 80,000 pounds. That's 40,000 tons and in comparison to the average weight of a car coming in at 5 or 6 thousand pounds it is easy to see that major injuries are usually the result of semi-truck/automobile accidents.


*Statistics show that an automobile traveling at 60 mph in good weather and decent road conditions actually covers 88 feet for each second of forward motion. That translates to nearly a third of a football field each time you count to 'one'.

At that rate it takes the car nearly 300 feet or, conversely, no less than 3 seconds to come to a full stop. At the same time and in the same conditions it takes a semi-truck nearly twice as long to come to a complete stop. Even if a semi appears to be moving at a slower pace - their ability to react to a sudden change in the traffic pattern is negligible at best.

*In all, there are nearly 5200 large truck fatalities annually in the United States and almost 100,000 injuries as well. Moreover, there are an additional 140,000 truck accidents each year that do not result in fatalities.

Travel at a safe distance around semi-trucks and be cognizant of their ability to cause injury and death to unsuspecting drivers - and sometimes through no fault of their own.

Continue reading "100,000 Truck Accident Injuries Each Year" »

September 27, 2011

Fatal Accidents with Big Rigs

Semi-truck accidents are some of the more gruesome types of collisions on the roadways - for obvious reasons. In any type of run-in between a 40 ton vehicle and a 5 or 6 ton car or light truck there can be no doubt that the injuries and damages will be catastrophic for the smaller motor vehicle and its driver and passengers.

While we have discussed some of the more germane statistics related to semi-truck accidents - they bear repeating on a regular basis - if only to serve as a reminder to all drivers on the road to drive defensively.

*One in eight - or 12% of - highway fatalities are the result of a collision with a semi-truck.

*The more populous states can experience rates of semi-truck accidents that are 3 or 4x higher than their less populated counterparts. For instance, the number of semi-truck deaths is clearly 3 times greater in Indiana and Michigan than New Mexico.

*Regulation is imperative. The bottom line in the trucking industry is the bottom line. Many companies and even independent drivers have been found to make choices that adversely affect other drivers on the road in order to improve their own profitability.

*Some of the more common driving errors on the part of semi-truck drivers include distracted driving, drowsy driving, speeding and driving in unsafe weather conditions.

If you see a semi-truck driver taking chances on public roadways - contact the local highway patrol or police agency. As cliché as it may sound - the life you save may be your own.

Continue reading "Fatal Accidents with Big Rigs" »

September 19, 2011

Recent Semi Truck Wrecks

Semi-truck accidents perpetually plague America's roadways and endanger the lives of innocent drivers and passengers around them - in many cases because of careless driving. Unfortunately, the cause can often be traced to driver error - that of the semi-truck driver that is. What follows are several reported accounts of accidents that were alledgedly the result of careless rig driving.

*A semi-truck driver in a nearby state failed to gauge the flow of traffic ahead of him on the highway. He therefore did not realize that the traffic was slowing before it was too late. He rear-ended a semi-truck that had slowed in front of him and before the accident was over both semis burst into flames and both trucks and their contents were considered a total loss.

*A semi-truck driver who it was discovered to be an OTR or over-the-road hauler had a dvd player and small video unit installed in his dashboard as a means of staying entertained on the long trips across the country. Unfortunately the presence of a video playback center served as a distraction more than anything else.

When a particularly dramatic filled moment played out on screen the driver lost focus of his truck for more than a moment - and ended up running it off the road and into a field. In this case, no one was hurt - but the driver was ticketed for distracted driving

If nothing else, these stories should serve to remind small car and truck drivers what Texas semi truck accident attorneys already know that not all semi-truck drivers are giving their full attention to their 'job'. Your best bet is to drive defensively.

Continue reading "Recent Semi Truck Wrecks" »

May 12, 2011

Box Boxes and Accidents

Certainly everyone has heard the term 'data recorder' in reference to aircraft. They are electronic devices designed to either record instructions relayed to the electronic systems of the plane. There are also cockpit voice recorders that tape all conversations in the cockpit between crewmembers as well as other conversations and sounds. These recorders are invaluable if the need arises to reconstruct an accident.

More and more, today's automobiles and trucks are also coming equipped with an Event Data Recorder, which is designed to serve a purpose similar to that in a plane. In other words in the case of a vehicle collision the 'black box' can inform the accident reconstructionist of such valuable information as the speed at which the car or semi truck was traveling, whether or not the brakes were applied and the degree at which the accelerator was being pressed down.

In addition, it will indicate if seat belts were in use and if any warning lights were displayed.

The EDR (Event Data Recorder) may be engaged when air bags are deployed in the vehicle (but not always) and they provide the accident reconstructionist with over half a dozen pages of relevant information related to the crash. This data is retrieved by trained professionals and used in conjunction with other crash information to provide a complete picture of the car or truck accident.

While these data recorders will not prevent a wreck - the information it provides can be referenced for the future development of safety features that may prove valuable in years to come. Additionally, the data can be used in a lawsuit to determine speed, braking and other factors a jury may consider in finding fault for causing an accident.

Continue reading "Box Boxes and Accidents" »

May 3, 2011

How to Select a Texas Personal Injury Lawyer

Traffic accidents happen every day in Texas and sometimes the consequences are pretty severe. From passenger cars to pick up trucks and 18-wheelers each can be deadly and also difficult for a victim to handle on their own.

Most people are not exposed to the litigation process until they are seriously injured in an accident due to the fault of another. If you find yourself in a situation where a lawsuit is required is best to have a skilled advocate on your side. There are literally hundreds if not thousands of lawyers in Texas who handles personal injury cases.

The question is how to best select a Texas personal injury lawyer? What do you look for and how you choose? The Internet has literally hundreds of websites of personal injury lawyers all advertising for your business. These tips may help the search process the more fruitful for you.

If you're searching the Internet choose words that are very selective for what you're looking and also in the area where the accident occurred. So if you are in a truck accident in Houston, Texas you might Google "Houston in truck accident lawyer" or "personal injury attorney in Houston".

Once you have narrowed down the selection to those specific lawyers who are serving the area where lawsuit may be filed the next step is to find the best lawyer you can.

Here are some guidelines or suggestions for selecting a lawyer:
• Choose a lawyer who has experience with the type of case you have.
• Choose a lawyer who has a track record of success and who is well thought of by his or her peers.
• Choose a lawyer who you get along with and who is willing to take the time to listen to your concerns.

Do not settle for second best on a serious injury case. An experienced and successful attorney can make quite a difference in a personal injury case.

April 29, 2011

Recent Houston Truck Accidents

I use this blog to relate accident information as a means of informing readers of the many ways in which one could find themselves involved in a vehicle collision right here on Houston roadways. Consider the following recent semi-truck accident reports.

*A couple found themselves trapped in their car when it drove underneath a semi-truck as it entered the highway from an on-ramp. The accident occurred in the wee hours in the morning and on freezing roads. The best advice is to avoid driving in poor weather - and remember that middle-of-the-night driving can be MORE dangerous than any other time.

*A semi-truck driver (literally) plowed into the back of a sedan causing serious injury to the driver of the vehicle. The semi-truck driver was ticketed for speeding which did little to improve the physical condition of the injured party who spent several weeks in the hospital and went home in a wheelchair.

The best advice is to drive defensively and check your rear-view mirrors occasionally for cars and trucks that may be getting to close to your vehicle. If it appears that someone is moving up on you from behind too fast - take measures to get out of the way.

*A pedestrian was struck by a semi-truck as he stepped into a crosswalk with the 'walk' arrow blinking. The semi-truck was making a right hand turn and failed to see the individual crossing the street. Thankfully the truck was traveling very slowly - but the pedestrian suffered broken bones and contusions. The semi-truck driver was cited but the pedestrian spent several months in recovery.

Continue reading "Recent Houston Truck Accidents" »

April 26, 2011

85 mph Speed Limit in Texas?

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?" »

April 20, 2011

Parked Trailer Leads to Wrongful Death

A driver of a car that struck a parked trailer in a lane of traffic died recently and the passenger in the vehicle was injured. According to reports, a trailer was parked on a dead-end roadway but in a lane of traffic when the car struck it.

A 25-year-old man from Bacliff, Texas was killed in the accident according to reports from the Galveston County Medical Examiner's Office. Not much is known about the injury sustained by the passenger or whether or not the trailer was properly parked with required cones.

Reports indicate that part of the trailer intruded into the windshield of the car, which was the mechanism of the fatal blow to the driver, and also what injured the passenger.

Commercial truck drivers have very specific rules under the Federal Motor Carrier Safety Regulations regarding parking of tractor-trailers. Many times a serious or fatal accident can be attributed to an illegally parked semi truck.

When a commercial vehicle is illegally parked it does not provide sufficient warning to motorists coming upon it, which leads to many truck accidents.

Continue reading "Parked Trailer Leads to Wrongful Death" »

April 18, 2011

Highways Just for Trucks?

Recent semi-truck accidents reinforce the belief that there is a need to address the problem nation-wide to avoid continued carnage on our roadways.

A semi-truck driver failed to recognize slowed traffic in time to avoid plowing into a minivan. As a result three children were killed - all preschoolers and brothers and sisters. The accident occurred as the mother watched helplessly from the front seat.

A Good Samaritan who had stopped to help another driver was struck and killed by a semi as he stood on the side of the road.

A rig driver lost control of his vehicle causing it to cross the median and strike two other cars head on. All of the passengers and drivers of the cars were killed instantly. The semi-truck driver survived.

A semi-truck driver failed to stop in time to avoid literally driving over several smaller cars stopped for construction. It was the greatest loss of life in any semi-truck accident ever recorded in the United States.

It is expected that there will be an increase of 20 - 40% in the number of semi-trucks that will traverse this country over the next decade. No one has even begun to broach the subject of how this will 'play-out' in terms of an increase in injuries and deaths due to the additional rigs on our roads - but if I could proffer an educated guess - it can't be good.

Some people are calling for the development of roadways dedicated exclusively for semi-truck use. While this is certainly an expensive proposition on the surface - with the medical and insurance costs that are bound to occur because of semi-truck accidents as well as the sheer loss of life - one has to wonder if this idea shouldn't be explored further - and quickly.

Continue reading "Highways Just for Trucks?" »

April 7, 2011

Recovering from an Injury in a Truck Accident

Many car wrecks or truck accidents result in physical injuries that require medical attention and extensive recuperation periods. Let us consider how long it takes to recover from the various injuries sustained in a vehicle collision.


It takes approximately 6 weeks for a broken arm to heal.

It may take up to 3 months for a broken leg to heal.

It can take months to YEARS to recover from a traumatic brain injury. It is possible that a person may never recover.

It can take months to recover from whiplash or soft tissue damage.

It can take months to recover from herniated disk or other back injury and the problem can persist for years.

It can take weeks to months to heal from injuries sustained to internal organs.

It can take months or more to heal from the emotional trauma of a car or truck accident.
It could take days, weeks or even months for a person to come out of a coma.

It could take a number of painful surgery and recovery periods to correct physical problems endured in a vehicle collision - over months and even years. In some cases the best that can be expected after s serious car or truck accident is not that positive.
In some cases there will never be a complete recovery.

A person who must endure the partial or full amputation of a part of their body will never experience full recovery.

A person who has suffered traumatic brain injury may never fully recover.

A person who has suffered the loss of a loved one will most likely never fully recover.

The residual effects of car and truck accidents cannot be understated. Please drive carefully.

Continue reading "Recovering from an Injury in a Truck Accident" »

April 4, 2011

Interstate 10 in Houston Closed due to Truck Accident

In what seems like an ongoing event on Houston's major highways a 18 wheeler semi truck jackknifed and completely shut down Interstate 10 E. bound during rush-hour traffic yesterday.

The 18-wheeler accident happened at 230 on the eastbound lanes of the East Freeway. Because fuel spilled and hazmat crews needed to clean up the fuel before opening the roadway, the highway was closed for Houston's rush-hour traffic.

All eastbound lanes were shut down for 2 1/2 hours but delays on Interstate 10 lasted for hours.

Most Houstonians have been caught in major traffic congestion due to an accident and sitting for hours waiting for the vehicles to be removed can be a very frustrating experience. With the continued growth of the Houston area more roadway alternatives are needed to keep up with the growth. While It looks like segment E of the Grand Parkway should be started soon, we need many more of such projects to service the growth.

What we do know is that almost on a monthly basis a big rig will jackknife and roll over spelling diesel fuel on the highway. In each event our highway will be closed for hours while crews attempt cleanup.

Diesel acts as a lubricant and can be extremely dangerous if not tended to, much like a motorist sitting a patch of ice they did not expect. The fuel keeps the tires of a passing motorist from making good contact with the roadway and can lead to major accidents and even death.

Continue reading "Interstate 10 in Houston Closed due to Truck Accident" »