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" »

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.

18-wheeler manufacturers now offer semi automatic transmissions (manual gearboxes with automated gear change) as well as automatic transmissions.

Despite newer technologies in semi truck design driving a semi is still a physically demanding job. Driving for long stretches at a time, loading and unloading cargo, making deliveries and operating the rig are all reasons a person should think about their decision to be an over the road hauler.

Probably the most important consideration is that the work of driving a 18-wheeler can be monotonous, boring and lonely. Some truckers love the profession and enjoy the time on the road. However, hours of driving at a time require focused attention and can often lead to distractedness - a dangerous situation for everyone on the road.

Some of the better known truck manufacturers include Peterbilt, Mack, and Kenworth.
The average new big rig costs around $100,000.

Other interesting facts about semi trucks -things you maybe were not aware of - all the semis in the U.S. use between 1 and 4 million gallons of diesel fuel each year as they cross the country from coast to coast and border to border.

They only average 5 to 7 miles per gallon, though, when pulling a full load. How much fuel can they carry when filled up? Most over-the-road (OTR, or 'long haul') semis mount a 150 gallon tank on either side, for a capacity of just under 300 gallons (the tanks don't fill all the way to the top and as a sobering aside it is easier to understand that semis can have a tendency to become fireballs in a collision with the gas tank placed in a somewhat unprotected spot).

Continue reading "Technology Makes Truck Driving Easier" »

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 " »

Recent headlines on television, newspapers and radio have focused on the number of collisions that occur between moving vehicles and police cruisers that are pulled off to the sides of highways.

In fact, Houston just finished a week long campaign aimed at educating the general population about the recently enacted 'move over or slow down' law which calls for drivers to do just that in the presence of police vehicles pulled off to the side of the road.

The interesting thing is this isn't a new law at all - but one that was passed in 2003! It states that "when a driver sees a police car pulled over to the side of the road with its siren lights on you are legally obligated to either move over one lane or slow down 20 miles per hour below the speed limit".

It would seem that either drivers are unaware of this law or simply wantonly disregarding it because last year alone no less than 26 crashes occurred between highway drivers and police cars and four officers and four drivers in all sustained injuries that sent them to the hospital.

Statistics show that the year before that there were 19 crashes and 3 injuries. At least one third of these collisions involved drunk drivers (truly the bane of our existence!)!

Of course, as with any driving infraction - a disregard for the law comes with legal consequences. Fines range anywhere from $200 to $500 dollars.

One more thing for a Texas driver to be aware of to drive safe and within the law. It is important for us to follow this law to protect those who work so hard to protect us.

I also would like to take this opportunity to plug the Houston 100 Club which is a great organization and provides benefits to families of area officers who are killed in the line of duty.

I am a life member of the Houston 100 club and urge all of you to donate what you can to this worthy organization. Contact the 100 Club at (713) 952-0100 or see them on line at http://www.the100club.org.

Continue reading "Move Over and Slow Down Law" »

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" »

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" »

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" »

With truck drivers it is critical that they are in control of their vehicles at all times. Sometimes truck accidents are caused by inattention of the truck driver or other causes beyond the truck driver's control.

There are times however when the truck driver himself is impaired. Driving a 20,000-pound vehicle requires certain height and responsibilities upon the truck driver end the trucking company.

Sometimes a truck driver will drink when off-duty and then go on duty while still under the influence of alcohol or with little sleep. In that case, like any other person the truck driver may very well have difficulty safely operating his rig.

The Federal motor carrier safety regulations have very specific rules with regard to truck drivers, alcohol and drugs. Having the regulations is not enough. Enforcement and drug test by trucking companies and state officials is critical to protect the public.

It does not matter to the family who has lost a loved one that the truck driver gets a lengthy jail sentence. The key to truck safety is prevention.

Trucking companies can implement policies, which reduce the number of drinking drivers operating semi-trucks.

Like most drunk driving accidents, a drivers reaction time, judgment and physical impairment all create a situation that is a prescription for disaster.

Continue reading "Drinking truck drivers" »

Valuable tips for teenagers as they hit the open roads this summer to avoid accidents.

Parents - you cannot remind your teenagers often enough about certain dos and don'ts of driving. Other than harping on them - the best you can do is hold your breath when they get in the car and hope you've hammered home safe driving suggestions that will help ensure your child returns to you in good condition.

To avoid auto accidents:

1. Don't be a risk taker --Car crashes are the leading cause of injury and death for people ages 15 to 20.

2. Don't forget to buckle up--About two-thirds of teens killed in vehicle crashes were not wearing safety belts.

3. Do NOT speed (this point cannot be repeated enough) --One-third of teen fatalities involve speeding.

4. Don't be a rowdy rider-- Adding one teen passenger to a vehicle increases a 16- or 17-year-old driver's crash risk by about 50 percent.

5. Forget the cell phone --Talking on a cell phone while driving can double reaction time.

6. Don't fiddle with your music machines --Research shows that adjusting the radio is the most common distraction for drivers between the ages of 16 and 20.

7. Cut out late-night cruising --Teen crash rates at night (9 p.m. to 6 a.m.) are twice as high as daytime rates. Obey parental and legal driving curfews.

8. DON"T DRINK AND DRIVE --Of 16- to 17-year-old drivers killed in crashes, one in six would have been considered legally intoxicated by adult standards.

9. Don't give in to peer pressure -- Make good choices and don't be afraid to "speak up."

10. Try not to be overly confident -- Inexperience and overconfidence can lead to crashes when new drivers encounter unfamiliar or unexpected situations.

Continue reading "Tips for teen drivers" »

We will again address the trucking industry one more time before we turn our attention to other matters in blogs to follow. As in previous blogs we will examine accident statistics related to the trucking industry utilizing the same website from the previous two blogs.

According to our source "estimates of 41,000 to 45,000 wrongful deaths occur every year within the U.S. Approximately 9% of those deaths involve commercial vehicles.

More than 80% of those auto accidents are the fault of the non-commercial driver and of those deaths related accidents only 4% of trucks are fatigue related. Drinking while intoxicated accounted for .06% of those accidents. Motor vehicle accident crashes cost society an estimated $4,900 per second. That's about $30,000 in the time it took to read that fact".

I'm sure it would not take much to convince the reader that there can be fewer things more devastating than getting in an accident with a semi truck and as I have cautioned many times in this blog - the best way to avoid it is to drive defensively.

So let us review safety tips for driving around semi trucks. First, don't tailgate or in any way drive aggressively around a semi truck. In any 'showdown' between a semi and an automobile - hands down the semi wins.

Second, use the tools at your fingertips to inform a semi truck driver of your intentions. That includes the horn, turn signals and your bright lights. Third, and this is my favorite saying - you'll see it often in this blog - give semi trucks wide berth on the road.

What do I mean by that? Simply this, give them a lot of room to maneuver - fall back a safe distance and don't linger beside them on the roadways.

Drive defensively.

Trucking is big business in the United States. One source offers the following statistics.

"The trucking companies, warehouses and private sector in the U.S. employs an estimated 8.9 million people employed in trucking-related jobs; nearly 3.5 million were truck drivers. Of this figure UPS employs 60,000 workers and 9% are owner operators. LTL shippers account for around 13.6 percent of America's trucking sector".

In addition, there are 15.5 million trucks on U.S. roadways of which 2 million are semis and trucks deliver over 70% of all freight in the country.

These figures show how much the truck industry in a vital part of our economy. I doubt there isn't a person out there who hasn't been annoyed by semi trucks on the road at one time or another. They're oversized and intimidating alongside any automobile or SUV on the market and there can be no question they are harmful to the environment.

To safely pass one people worry about the truck coming into their lane and may even be saying a silent prayer. The same holds true when a semi comes up behind you or zooms by with enough force to rock your vehicle.

Yet, a little respect please. The trucking industry is vital to the American economy. Until someone either comes up with an alternative, viable solution for transporting goods from one coast to the other - then semi trucks will be a regular spectacle on our highways and maying the industry safer the challenge of this blog.

I believe it is important to regularly review safety rules related to semi trucks on the road. Please heed the following advice.

1. When you pass a semi truck on the highway always pass on the left side and do not linger beside the truck - otherwise you may be in their blind spot.

2. Never tailgate a semi truck - again they may not be able to see you (for that matter never tailgate at all!)

3. Trucks that are hauling hazardous material must perform a complete stop at all railroad crossings.

4. Semi trucks have eighteen tires that may be problematic. If a tire blows it does so with such force that the flying pieces can cause damage to anything in its path.

5. Watch out for semi trucks parked on the side of the road they can be unexpected and can kill.

6. Be aware if a truck in front of you is turning do not try to pass it until the turn is complete because the driver may not be able to see you.

7. Remember the size of a truck causes it to be slow to start and slow to stop. Give them wide berth on the roadways.

8. Use your turn signals to allow the truck driver to know your intentions. Be sure to turn them off when done to prevent confusion.

9. Be patient. The size of semi trucks makes it understandable that moving them is cumbersome for even the best drivers out there.

As always, be careful and courteous out there.

Continue reading "18 wheeler safety rules" »

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" »