Houston Truck Accident Lawyer Blog

Drunk driving runs the gamut of motorcyclists, motorists, pedestrians and bicyclists. Examples of injuries and fatalities when drinking and motoring in any way are mixed. But the most likely to be deadly is the trucker who consumes alcohol before climbing behind the wheel of his or her rig to hit the open road.

One may wonder at the frequency of just such an event. Let us consider the statistics.
According to studies done by the Insurance Institute of Highway Safety semi truck drivers are the least likely among all types of drivers to drink and drive.

In a recent year they found that only 4% of all 18-wheeler truck driver deaths had a blood alcohol content level that registered high enough to be considered legally intoxicated.

In statistics compiled by police forces around the country - random stops of drivers over the course of a year revealed that only 0.2% of semi truck drivers tested positive for alcohol (not necessarily to the point of intoxication) while 5% tested positive for illicit drugs including (but not limited to) marijuana and cocaine.

Undoubtedly, strict federal regulations regarding alcohol consumption and semi truck driving play a role in minimizing the problem. For instance, federal law calls for drug testing of drivers before an offer of employment.

It is mandatory to get a blood alcohol content level of any semi truck driver who is involved in a crash as well as random testing in general. Drivers found with ANY alcohol content in their blood systems are taken out of service immediately. A BAC of 0.4 or higher causes the driver to be disqualified from applying for a CDL.

Occasionally it's heartening to see our federal tax dollars at work.

Continue reading "Drinking Truck Drivers- a Small but Deadly Number" »

Driving on Houston roadways can occasionally be likened to inserting yourself in the middle of a free-for-all. Every day one can count on the reality that several accidents will occur around town - some serious, some fatal - and often for the two simple reasons that a driver is either intoxicated or distracted.

Consider the circumstances of the following wrecks that were reported in a single 24 hour period.

A 36 year old woman was charged with vehicular assault and a DUI after crashing into a man on a motorcycle and injuring him. She allegedly failed to yield the right of way to the biker at a four way stop and he subsequently was taken to the hospital in critical condition. She remains in jail in lieu of bond.

.
A late night high-impact car accident claims the life of one man in Harris County. The details of the incident are yet unknown and will be made available when possible.
Widen your search to include neighboring states and the story repeats itself with eerie similarity.

Two people died and four people were injured in a wreck early Sunday morning on Startown Road in Catawba County. Several news outlets report that a pickup truck crossed the center line and struck another truck head-on, quoting the N.C. Highway Patrol.

It is a fact that an average of no less than 100 people a day - or 2 persons per state - lose their lives in traffic accidents. If you have been involved in a traffic accident seek the guidance of a professional and experienced Houston truck accident lawyer to ensure your rights are safeguarded.

Continue reading "100 People a Day Are Lost in Car Accidents" »

Semi trucks serve a valuable service to the overall economy of this country but their tendency towards certain types of accidents cannot be overlooked. The most common of these is jackknifing which can be traced to thousands of fatalities each year.

A semi truck will often jackknife if they are forced to hit their brakes suddenly causing the vehicle to go into a skid or slide. As the driver loses control, the trailer of the truck has a tendency to slide around at a 90 degree angle to the cab.

A second type of jackknifing may occur when a semi truck is pulling two trailers and one jackknifes as the big rig attempts to stop. Most often this happens in inclement weather but it can also be the result of distracted or intoxicated driving.

This type of incident is regularly the cause of multiple car pile-ups. Consider the following headlines.

A semi truck driver lost control of his rig as it jackknifed in foggy conditions sending it careening across the highway. The truck hit a concrete culvert and trees and then burst into flames. The driver was killed. A second trailer detached and was found standing intact near the site of the crash.

In another incident a semi truck driver lost control of the vehicle and when the trailer jackknifed it caused the cab of the vehicle to hit a concrete abutment. The accident caused the gas tanks to erupt and the entire vehicle was quickly engulfed in flames. The driver was pronounced dead at the scene.

If you share the road with semi trucks always drive with caution and give yourself lots of stopping space between your vehicle and theirs. It only takes a moment for a semi to lose control.

Continue reading "Jackknife Truck Accidents Kill Thousands Each Year" »

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

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

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

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

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

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

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

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

Motor vehicle collisions are classified as head-on collisions, rollovers, rear-end collisions, side-impact collisions, and run-off the road collisions. In addition, they are further defined as single or multi-car collisions. Automobiles, SUVS, light and heavy trucks can hit each other, animal, buildings, debris or pedestrians.

Head-on collisions are considered the most dangerous with the greatest likelihood of fatalities. They happen most commonly on narrow, two lane roads or in the case of opposing traffic patterns with a lack of necessary median strips or other crash-prevention barriers.

Intersections also hold great potential for accidents - head-on or side impact being the most common.

Accidents between wild animals and vehicles are the most difficult - if not impossible - to prevent. They happen often in the hill country of Texas due to the large population of white tail deer and human intervention very utterly futile to prevent such accidents.

While deer and vehicle collisions are the most common, drivers have been known to hit everything from cows to geese. At the risk of sounding inhumane, it is often best to hit the brakes and then hit the animal instead of swerving to avoid it and taking a chance of losing control of the vehicle.

The phenomenon of vehicle-structure accidents is most often the result of a driver losing control of their vehicle for any number of reasons. These types of accidents hold the added dimension of property damage costs beyond vehicle repairs and can be very expensive to correct.

Vehicle-pedestrian accidents tend to be more harmful to the 'walker' than the vehicle. Thouands of pedestrians die each year at the hand of motorists and tens of thousands suffer debilitating injuries.

While the pedestrian holds some level of responsibility for their own safety the driver must always be alert for those who are traveling on foot.

Finally, debris in a roadway also leads to accidents. Everything from tire treads to mattresses has been dropped in the middle of the road. Drivers should always be alert for obstructions.

Continue reading "Car Accidents Can Be Varied" »

The fatality of a loved one from an automobile or semi truck accident can be particularly debilitating to the families for several reasons. First, vehicle collisions are particularly heinous and it is very difficult to prevent family members from envisioning and carrying memories of a loved one's final moments.

In addition, the immediacy of a vehicle fatality can place a family in financial turmoil as well. This may be because of the loss of income from the family breadwinner or the need to cover costly funeral expenses.

It is recommended that those who have experienced the loss of a family member turn to a support system that includes family and friends but seek professional counseling as well.

There is a well documented grief process that counselors have been trained to monitor. They are also trained in recognizing and treating signs of long term depression and even thoughts of suicide that may appear as victim's go through the stages of grief.

These include shock and denial, pain and guilt, anger and bargaining, depression (reflection and loneliness), an upward turn, reconstruction and working through, and, finally, acceptance and hope.

In the first, people often deny the reality of the loss of their loved one. Shock may further insulate their emotions. The stage may last for weeks.

Shock is replaced with excruciating emotional pain and one is often wracked with guilt, remorse and helplessness. Anger and bargaining follow. This is a particularly dangerous stage because one may place blame on another loved one causing irreparable damage. With proper support the sufferer can come out on the other side of depression to acceptance and renewed hope.

The death of a loved one will remain with you always but it important to find a way forward through it for the sake of those who care about you.

Continue reading "Seek Help When Struggling With a Wrongful Death" »

In another Houston highway fatality, a tow truck driver was killed today in a truck accident. According to police, the driver was in a hurry to beat another tow truck to the scene of a car accident to tow the vehicles.

Reports indicate that 2 wrecker drivers were racing down Jensen Road early this morning in an effort to get to the scene of another wreck first.

On reaching an intersection one of the wreckers swerved to miss a car at a light and sideswiped it, losing control of the truck and hitting two polls and rolling over. The truck driver died at the scene of the accident.

Reports indicate that the other tow truck did not stop at the scene of the accident. Fortunately, the driver of the car that was sideswiped sustained only minor injuries.

In a bizarre twist, the driver of the car who police said was not at fault for the fatal truck accident was over the limit for blood alcohol and was arrested for DWI, according to reports.

This is not the first reported accident relating to wreckers trying to get to the scene of an accident to secure the tow. My heart goes out to the family members of the truck driver who perished in the accident.

This accident shows that even large vehicles are in jeopardy on the highways and

Continue reading "A Wrecker Driver Killed in Houston Truck Accident" »

The national Highway transportation safety administration announced recently that stability control systems could prevent truck rollover accidents and save multiple lives every year.

The technology in effect can override the truck driver and slowed the vehicle when the system senses that the truck drivers going too fast. The University of Michigan conducted testing and the conclusion was that almost 4400 injuries annually could be prevented.

According to the NHTSA, many truck drivers do not have any indication that they are going to roll over immediately before the accident. Particularly at risk are large trucks that are heavier in the cargo area. Tanker trucks carrying heavy liquid are the most likely candidates for a rollover accident.

The study found that over 50% of tanker truck rollovers involves taking a curve at his speed faster than the truck can allow. The new system is designed to prevent such accidents.

The stability control systems work by using sensors that tell an onboard computer when weight is shifting or about to shift. The computers then apply braking too slow the truck down and avoid the rollover accident.

According to industry sources trucking companies have not accepted the new technology or at least have been slow to adopt the system. It is likely that until such systems are required many truck companies will not go to the expense of implementing the new technology.

Continue reading "New Technology to Prevent 18-Wheeler Rollovers" »

Figures show revenue estimates produced by the trucking industry are 255.5 billion a year. Of this figure 'for hire' or 'common carriers trucking' companies generated revenue estimated at about 100 billion.

Truckers carry more cargo that air carriers.

Private truck fleets generated revenue estimated at 121 billion. Fleet operating ratio is 95.2, which means for every dollar in revenue the trucking company has a cost of 95.2 cents leaving them with a meager profit of about a nickel per dollar.

The truck driver as an employees or "independent contractor driver" makes about 30.3 cents per mile with an income estimate of 32-50k.

It costs about 40 cents per mile to operate a semi or eighty bucks per hour according to reliable estimates.

Trucks consume over 50 billion gallons of fuel hauling goods each year.

These stats further confirm the contention that the trucking industry is completely entwined in the American economy and I offer that were it to falter or meet its demise would be to strike a catastrophic blow for the US.

The Baumgartner law firm is deeply entrenched in truck accident litigation and we see the results of 18-wheeler accidents up close and personal. Semi truck accidents account for anywhere from 9% to 12% of traffic deaths annually across the country.

These scenes and their aftermath are heart wrenching and haunting. But it will not prevent truckers from hitting the road so what must be done is to continue our quest to prevent truck accidents instead.

One resource or another places the number of vehicle deaths annually at anywhere between 43,000 and 50,000. Let's go with the higher number because it's easier to visualize - and it means there are a thousand deaths per state in this country each year. Divided by 365 days and that works out to be about 3 deaths per day per state. (Of course these are estimates -states with smaller populations have smaller death statistics whereas as recently as 2007 there were 3300 fatalities in Texas and a large share of those in or around Houston).

Well here we are in August and if the statistics are even remotely accurate there should have been around 2000 deaths to date in Texas from car and truck accidents.

Try as I might to get this information - it eludes me - in part because statistics are compiled annually.

Never fear, though, a review of the daily news offers information on the latest accidents and fatalities. Truly, you can't open a newspaper, turn on a television or radio station or surf the net in any way without being confronted by the stark reality of vehicle collisions.

I stumbled on a series of 25 amateur videos posted on You Tube that depicted truck accidents in all their horror. Would I suggest you watch them? Only if they serve as a cautionary reminder of how quickly the roads can become deadly.

I would however, recommend taking your teenage children to an emergency room sometime before they get their license so they can see the realties of unsafe driving in as much graphic detail as you can stomach.

Continue reading "50,000 fatal vehicles accidents annually " »

Today in Houston, a man died after the pickup in which he was riding struck an 18-wheeler parked on the shoulder of the road police reported. The truck accident occurred on the 3100 block of West Loop North early this morning.

Reports indicate that a passenger in the pickup truck died at the scene. The pickup driver was taken to Memorial Hermann Southwest hospital for injuries.

The police are still investigating the cause of the accident fatal 18-wheeler accident.

18-wheelers have very specific rules regarding parking on the side of the road. The rules are covered in the Federal Motor Carrier Safety Regulations and provide express guidance to truck drivers parking their trucks.

Many times, truck accidents are a combination of factors all working together to cause the accident. In this case, hypothetically, the pickup driver may be partly responsible for not staying in a lane of traffic. Likewise, if an 18-wheeler driver did not follow applicable truck safety rules the truck driver and the trucking company may be partly responsible for the wrongful death of the pickup truck passenger.

While the specific factors of this accident are unknown at this time, in any serious truck accident it pays to get facts from the scene as early as humanly possible.

Continue reading "Accident With parked 18-Wheeler Kills Houston Man " »

Often throughout the course of this truck accident lawyer blog we have discussed and reviewed driving safety tips. Today we would like to discuss an very important driving safety principle- maintaining a decent stopping distance between your vehicle and those around you - particularly the vehicle in front.

Perhaps the average driver is unaware of the highly refined equations related to stopping distances for trucks and automobiles. Let's consider some statistics and research on the topic.

According to one reliable authority if a street surface is dry, the average driver should be able to safely decelerate an automobile or light truck with reasonably good tires at the rate of about 15 feet per second (fps). That is, a driver can slow down at this rate without being worried that control of the vehicle will be lost in the process

In addition, "The measure of velocity is distance divided by time (fps), stated as feet per second". For the statistical novice consider the following explanation:

"Velocity is reduced 15 fps every second. If the initial velocity is 60 mph, 88 fps, after 1 second elapsed, the vehicle velocity would be 73 fps, after 2 seconds it would be 58 fps decreasing progressively thereafter.

Given the previous set of conditions, it would mean that a driver could stop a car or pickup truck in a total of 6.87 seconds (including a 1 second delay for driver reaction) and your total stopping distance would be 302.28 feet, slightly more than a football field in length".

A football field is often too lengthy of a span to slow down to prevent an accident. The cautious driver will leave plenty of room between their vehicle and the one in front. It just makes sense.

You should also be aware that stopping distances for 18 wheelers is much greater than cars or pickup trucks. The predicted distances for truck stopping depends on the condition of the brakes, weight of the load, and type of rig. But in every case it takes a big rig much longer to stop.

If you find yourself followed to closely by an 18 wheeler, change lanes if you can or let the truck pass you.

Continue reading "Safe Stopping Distance" »

An 18 wheeler flipped over on the Katy Freeway causing Houston commuters much frustration Friday morning.

The truck accident happened on the ramp to the Katy Freeway from the West Loop northbound. The accident shut down the roadway for several hours during peak traffic times.

Alternative routes were selected by many to avoid the snarled traffic. Unfortunately, in Houston such truck accidents occur almost every day. In this case it appears that the only one hurt was the truck driver and reports indicated that his injuries were minor.

Reports indicate that the DPS was inspecting the roadway to make sure that the road and the guard rails did not sustain damage.

Apparently, the 18 wheeler driver was ticketed for failure to maintain a center lane.

When truck drivers flip or rollover the clearing of the roadway takes much longer than in a car accident. Mainly it takes longer to clear the accident site due to the size and weight of the tractor-trailers. Sometimes, a load can get distributed over the roadway that requires extra caution and labor to ensure the roadway is safe for motoring traffic.

Continue reading "Truck Flips and Closes Katy Freeway" »

A semi truck crossed the median on Interstate 59 and ran head-on into a pickup truck killing all four occupants. The semi-truck driver sustained moderate injuries and was taken to the hospital.

Reports indicate that the 18 wheeler apparently lost a left front tire which resulted in the driver losing control and the tractor-trailer crossing the median and striking the pickup truck.

Both the tractor-trailer and the pickup truck came to rest in the bar ditch.
This tragic accident is an example of the severe consequences that can occur when a truck is out of control. A 20,000 pound vehicle can demolish everything in its path and there is not much anyone can do to prevent serious consequences with the extreme forces involved in a truck accident.

In truck accident fatality cases a trooper and reconstruction team usually analyze the wreck site, the vehicles and the circumstances of the truck accident to determine the cause of the truck wreck.

In this case, officers were inspecting the truck to determine whether the tractor-trailer had equipment complying with the Federal Motor Carrier Safety Regulations.

The Federal Motor Carrier Safety Regulations provide specific rules and regulations for the condition of an 18 wheeler. In addition, the regulations provide stringent inspection rules on both the truck driver and the motor carrier.

Unfortunately, whether or not this specific 18-wheeler complied with the safety regulations there are four people who died due to the loss of control of the truck.

To the family of the four victims my heartfelt condolences.

Continue reading "4 dead in Interstate 59 truck wreck" »

Help avoid a truck or car accident in wet weather by driving at reduced speeds and heeding safety guidelines.

If you hit a patch of water on the highway and it feels as though you are not in control you probably are hydroplaning.

Hydroplaning happens when the volume of water is not allowing your tires sufficient contact with the roadway. When that happens, you may be skidding or drifting out of your lane.

Texas Department of Insurance recommends you do the following to avoid a hydroplaning accident:
• Do not brake or turn suddenly
• Ease of the gas until the car slows enough for you to feel contact with the road
• Turn you wheeler in the direction of the skid, and as you recover gently straighten out the wheel.
• If you need to brake do it gently with light pumping action.

The deeper the water the sooner you can lose control over your car, as speed increases your chances of hydroplaning increase.

If you pass through very deep-water test your brakes. They may be saturated, and only driving very slowly and braking lightly at the same time will generate enough heat to dry them out. Be sure they are pulling evenly on all wheels before building up speed again.

Continue reading "Hydroplaning accidents" »