Houston Truck Accident Lawyer Blog

Several unusual driving accidents have been in the Houston news lately.

*According to the female driver her brakes failed causing her to lose control of her car. It careened through the storefront of a business in a strip mall. Pictures show that it is completely inside the building! Fortunately, the store was unoccupied and no one was hurt - not even the driver who had actually been on her way to a nearby locale to get her hair done.

*Recently another driver lost control of his vehicle - and it ended up in a local and well known waterway. Emergency crews responded - and the only injuries were cuts and scrapes - and a bruised ego. It seems the driver was probably distracted by holiday errands. His wife will probably have something to say about this.

*A teen driver on her way to work ended up driving into the back of a delivery truck - in a delivery truck accident where the operator was busy sorting holiday packages to be dropped off at surrounding houses. The driver joked and called this a 'special delivery'. The teen, who had intended to drop off packages at the delivery company before arriving at her job - handed the mail to the driver who gladly accepted responsibility for posting and sending it.

Everyone is busy at this holiday time - which is reason enough to stay focused on your driving until you reach your destination safely. THEN you can get into the hustle and bustle of the season.

Greg Baumgartner is a semi truck accident attorney and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with an 18 wheeler accident attorney call the Baumgartner law firm at toll free at 1-866-758-4529.

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" »

Another semi-truck accident out of state joins the sad litany of big rig vehicle wrecks that result in multiple fatalities. This time a semi-truck slammed into the back of a minivan killing seven people at the scene and sending 3 more to area hospitals. The truck driver was also hospitalized.

There are conflicting reports concerning the moments that led up to the crash. Some witnesses claim to have seen the minivan strike a deer - which may have precipitated it to slow down as it was trying to pull off the highway. Somewhere along the line it was hit by the semi. This leads me to reiterate several safety cautions that I regularly offer my readers.

A driver who is prepared for the inevitable is therefore more capable of reacting to unexpected events - such as a deer darting in front of their vehicle. How is this possible? Drivers must remain alert at all times. Driving is not a leisurely activity. It requires focus and concentration. Scan the roadway in front and beside you and consider what possible scenarios could result in an accident and how you might react to avoid it.

Too, be sure that all passengers are safely fastened into the vehicle and there are no loose objects that could become projectiles if your car or truck is hit.

As one can discern from this accident - it only takes a moment to change the course of your life and that of others.

There is a very good reason for the safety rules that apply to truck drivers and trucking companies- that is to protect the public

Continue reading "Multiple Fatality Truck Accident" »

Reports indicate that a big rig had a blowout while traveling down Interstate 10 near San Jacinto yesterday morning and the result was a fatality. Fire crews and hazardous materials quick response teams struggled to put out the fire which was Northwest of downtown Houston and caused a huge traffic jam on both sides of Interstate 10.

As reported, a witness observed a tire blowout on the tractor-trailer and the driver appearing to lose control and striking the highway divider bursting into flames. Many of the 18 wheelers on the roadway today have the gas tank's exposed on the side of the tractor. Apparently the gas tank caught fire when the rig contacted the divider.

The witness heard an explosion and then saw the flames from the big rig. Reports also indicate that the driver appeared to perish in the fire and that rescuers could not help them due to the intense fire.

Tire failure can lead to very serious consequences such as this fatal accident. The motor carrier has an obligation to ensure that the trucks are in a safe and proper operating condition before they are dispatched. For further information on this Houston area fatal truck accident see the report from chron.com.

Continue reading "Blowout Truck accident a Fatality in Houston" »

There have been a number of vehicle collisions on Texas roadways of late. One of the services of this website is to keep Texas families informed about these accidents and any related information of significance that may help them to avoid a similar fate.

*According to news reports, a Texas man took to the road against the advice of his family doctor and caused an accident that left one mother dead in a head-on collision. The man reportedly has epilepsy - a condition that can incapacitate a driver at a moment's notice and leave a vehicle virtually without a motorist necessary for safety.

Witnesses believe they were watching the man in the throes of a seizure even in the aftermath of the accident - and family members of the woman killed were devastated to learn of the event. The man is currently being held in a local jail pending criminal negligence charges.

*Recently a spate of back-to-back accidents on Houston roadways ended in the death of another individual. It began as a minor fender-bender on a busy highway. As police were conducting an investigation an SUV happened upon the scene and was unable to stop before hitting one of the cars involved in the original accident.

Even as ambulances arrived to transport individuals to local hospitals for minor injuries - yet another sports car traveling at a high rate of speed also hit two vehicles. There was one fatality reported and the driver of the sports car was being held - suspected of intoxicated driving.

As everyone driving in Houston, Dallas, Austin or San Antonio knows we have major traffic congestion problems across the more populated areas of Texas.

While Texas has struggled with our state budget, one of the areas that is being left behind is necessary road construction to reduce traffic problems in our state. Our road construction budget really needs to triple to keep up with the population growth in Texas.

Keeping up with necessary road construction in Texas will reduce the number of wrongful death accidents in Texas.

Continue reading "Recent Texas Accidents" »

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" »

There have been a number of unusual accidents on Houston roadways recently. Over the weekend the driver of a truck was said to have been traveling at a high rate of speed on a local highway when he lost control of the vehicle and hit the median. The truck rolled several times and the driver was ejected.

Oddly enough the vehicle did not come to a stop, however, but remained in gear traveling in circles until someone was able to bring it to a complete stop. Unfortunately, the driver died at the scene.

File this incident under 'having a really bad day'. A female driver was determined to be at fault in a collision with a Houston fire truck on an emergency run. Although she only received minor injuries she was taken to the hospital. Her biggest problem, however, may have nothing to do with the accident itself. She was found to be driving without a driver's license OR vehicle insurance.

The implications of this are even greater. Fortunately, no firefighters were injured in the accident.

Finally, a dump truck being towed on a main highway got loose and crashed into a retaining wall. A large fuel and oil spill resulted and the roadway was shut down to traffic for several hours for clean-up before reopening to the driving public. Houston has had a rash of 18-wheeler accidents that required haz-mat teams to be dispatched for cleanup and at a high cost to Houston in dollars and delay for commuters.

Houston drivers - pay attention out there. Drive within the speed limit, wear your seatbelt, keep insurance on your car - and make sure you have secured a vehicle you are towing.

Continue reading "Recent Houston Truck Accidents" »

Semi-truck accidents have been the cause of a number of fatalities around the country in the last week.

In one accident a young woman was killed when a semi-truck driver clipped her compact vehicle as he tried to change lanes. This caused the young woman to lose control of her small car sending it careening into the concrete median and back into traffic where it was then struck by a second semi-truck. The young woman died at the scene.

In a northern state a young woman was struck by a semi-truck when biking to the university campus. At this point there have been no charges filed. According to reports, witnesses state that both the bike and truck were traveling in the same direction when the truck turned right and she drove into it. What is currently in question is who had the right-of-way at the time of the accident.

In another case a semi-truck driver smashed head on into a smaller truck - killing the driver of the pick-up instantly. It was an evening accident and the semi hit the other vehicle with such force that it went airborne for fifty feet before landing on its side.

Finally, a trucker was alleged to be traveling at an excessive speed - when the driver lost control careening into the median and throwing the driver from the rig. He died at the scene.

Semi-truck accidents cause thousands of deaths and tens of thousands of injuries annually. Property and personal damage and insurance pay-outs run into the millions of dollars.

But the real cost cannot be measured in dollars and cents.

Continue reading "Recent 18 Wheeler 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" »

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" »

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.

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" »

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?" »

Car accidents occur at the rate of one every few minutes somewhere in the United States. All too often they result in injury and death to the driver and his or her passengers.

Perhaps the saddest thing about this problem is that in many cases it could have been avoided with a little caution and defensive driving - or by making better choices. For instance, had one of the persons not driven after drinking alcohol - or had simply been paying attention to the road instead of driving distractedly. Consider the following incidents.

In another state the highway patrol called an accident - in which a mother and three of her children were killed instantly on their way to school - 'horrific'. Her compact car was hit head-on by a box truck.

An investigation into the cause of the accident is pending.

Four teens returning from their spring-break trip were killed instantly when a truck driver crossed the line and hit their vehicle head on. It was found that the truck driver was legally intoxicated at the time of the accident.

Two young men decided that a morning drag race between traffic lights on their way to school would be a 'lark'. Both drivers were killed when they lost control of their vehicles. One wound up crashing into a light pole and the other hit the vehicle of a compact car driven by a woman on her way to work. She sadly lost her life as well.

Many accidents can be avoided by defensive driving, please teach your children how to drive friendly!

Continue reading "Drive Defensively to Avoid Accidents" »