Houston Truck Accident Lawyer Blog

Two people were injured in an 18-wheeler accident on US 290 yesterday. The truck was carrying chlorine at the time of the crash. Both injured victims were taken to Brackenridge Hospital and the extent of their injuries unknown at this time.

The truck accident caused local school busses to be rerouted and many students had to be pickup up by their parents in lieu of riding the bus home.

Trucks caring hazardous substances like chemicals are subject to heightened responsibility to protect the public in the event of a truck accidents.

An 18-wheeler accident involving hazardous materials subjects the truck driver and the trucking company to additional regulatory requirements in reporting the accident.

The motor carrier must report an incident involving hazardous materials at the earliest practice time when hauling hazardous substances and someone is injured in the truck crash and is hospitalized, or if certain substances are spilled, fire breaks out or other specified events occur.

The notice required of truck companies (motor carriers) is by telephone to the DOT or in some cases to the CDC for etiologic agent spills.

For trucking company regulation, "hazardous materials" have 9 different classes or categories. Truck drivers and others who handle or load the hazardous material are required to have specialized safety training.

Additionally, truck drivers and trucking companies must undergo security training for haz mat transportation to be aware of security risks associated with transporting such material.

Criminal charges are pending stemming from an accident with a big truck on Friday. The driver of a car ran a light and struck the truck with great force according to police.

Officers indicated that the truck driver stopped not far from the accident scene but soon drove away. The truck driver was charged with leaving the scene and the driver of the car is reportedly charged with a drunk driving accident.

Passengers of the automobile had to be cut from the car with the Jaws of Life, and one of the passengers in the accident is listed in critical condition at a local hospital.

Given the sheer size and weight truck accidents are much more likely to result in serious injury or wrongful death.

In 2008 the United States had more than 4300 fatal accidents with 18 wheelers and buses, and 145,000 truck accidents with nonfatal injury.

In this truck accident the truck driver allegedly left the scene but the police indicate that the drunk driver caused the accident.

Texas leads the nation in alcohol related fatal accidents with more than 1,800 alcohol related deaths in car accidents last year, and a whopping 25,000 people injured by a drunk driver in Texas.

Continue reading "Jaws of life cut passengers out of truck wreck on Highway 59" »

An 18 wheeler was involved in an accident with a mini van and the truck driver was injured while a mother and small child in the mini van escaped injury.

Troopers are investigating the cause of the wreck and it is suspected either the mini van or the truck made an unsafe lane change. The truck accident turned serious for the truck driver when the cab of his rig hit a bridge column splitting the cab in two and flipping the tractor-trailer.

In 2008 alone, Texas had over 14,000 large trucks and busses involved in non-fatal crashes and over 420, fatal accidents. The vast majority of the injuries and fatalities were to persons other than the trucker.

Due mainly to the size and weight of the tractor trailers the truck drivers most often escape serious injury. That is not always the case, and we do see truckers seriously injured particularly where a big truck jackknifes and the truck driver loses any control of the vehicle.

Continue reading "Truck driver injured in crash with mini van" »

A garbage truck backed over one of the workers who were hauling trash, and the man died at the hospital. While the police are investigating the incident, large trucks often have problems seeing what is behind them when backing up.

Recently, a man was backed over at a beer distributorship in a Houston truck accident and killed.

Many newer automobiles and pick up trucks have rear view cameras built in to show a driver exactly what is behind them. The technology exists and I believe it should be adopted and made mandatory for commercial vehicles. Many new trucks including dump trucks now use back up cameras.

Numerous workers have been killed in recent times with backing up dump trucks even when equipped with audible alarms. A recent study of methods to reduce fatalities in backing up vehicle accidents, found back up cameras effective but required work on placement on dump trucks ( finding the placing the camera on the side of the dump truck most feasible). A caution was given to keep the camera lens clean.

Various sensors and other early warning devises were also tested and showed some effectiveness in reducing truck accidents.

Each year, in residential settings cars and trucks back over and kill or seriously injury many small children who are not visible in the rear view mirror.

Many stores such as Wal-Mart sell wireless backup cameras that are easily installed and sell for under a hundred dollars.

Several new organizations have popped up to combat the rise in car accidents due to cell phone use. As previous reported, Focus Driven is one such organization whose efforts at raising the awareness of the dangers of use of hand held electronics while driving have been extremely effective.

Other web sites have been launched to combat auto accidents while texting including the official US Government web site for distracted driving.

In 2009 NHTSA published a research note stating among other things:
• Driver distraction was involved in 16 % of fatal crashes
• The under 20 age group is most likely to be involved in a fatal distracted driving accident
• 21 percent of injury accidents is estimated to be attributed to distracted driving

It is worth mentioning that secondary distractions such as eating, drinking, and interaction with electronic devises (stereo, DVD's ) also is a part of the statistical analysis in addition to cell phone use email or texting.

Many States and Municipalities have enacted some form of texting or cell phone restrictions while driving. In an effort to become more uniform in approach the DOT released a sample bill for prohibiting texting while driving.

I believe that only legislation at the State level will be effective in reducing automobile accidents in Texas and across our nation. If our representatives take action at the State level coupled with a Texas advertizing campaign similar to "don't mess with Texas" or "click it or ticket" we would have less automobile accidents on our Texas roadways.

Is Texas behind the curve in dealing with reducing auto accidents involving texting?

Two people were injured in an accident with a tractor-trailer due to an unsafe lane change according to reports.

State troopers indicated a 2009 Peterbilt semi truck made an unsafe lane change striking a pickup on the drivers side and causing the driver to lose control, hit a median and flip over. The accident snarled traffic for an hour and a half while the wreck was cleared.

The two occupants of the pickup were taken to the hospital and it is unknown at this time the status of their injures.

It is extremely common in 18 wheeler accidents in Houston, that do to the size of the rig, the truck driver does not see another vehicle when changing lanes.

A Beaumont woman survived a wheel from an 18 wheeler smashing through her windshield on Interstate 10 outside of Houston.

Folks reported seeing a wobbly wheel on a tanker truck that came off, bounced around, then struck the woman's car going in the opposite direction. The accident totaled the car.

The trucker pulled over and was interviewed by police. The woman was taken to the hospital for tests and was visibly shaken up according to reports.

As previously reported, truck drivers and their companies are legally responsible for the dangerous condition of a rig, like a wheel coming off, that causes a truck accident. The Federal Motor Carrier Safety Regulations are designed to protect the public and improve truck safety by imposing minimum safety standards truck drivers and trucking companies must follow.

Continue reading "Wheel comes off truck on I -10 and totals car" »

A star of the hit series Boston Legal died in a car accident Monday. Mentell was only 27 at the time of his death and had a promising career ahead of him. Justin was also an accomplished speed skater.

It is thought that the actor fell asleep at the wheel of his truck when it left the roadway and smashed into a tree. Evidence also indicates that Justin was ejected from the vehicle and that he was not wearing his seatbelt.

As previously reported, people who are ejected in car accidents are much more likely to suffer fatal injuries.

Three children were ejected in a Houston traffic accident this weekend and miraculously walked away with only cuts and bruises. The children were riding with their father when he reports being cut off by another diver and losing control. The accident occurred on Houston's North Loop near Hempstead.

According to the National Highway Traffic Safety Administration (NHTSA), in 2006 sixty five percent of the passenger vehicle occupants 13 to15, 21 to 24 and 25 to 34 years old who died in traffic accidents were not using seatbelts. These three age groups had the highest percentage of deaths stemming from not using restraints of any age group.

Ejection is one of the most dangerous things that can happen to a person in an accident and according to one study by NHTSA seventy five percent of vehicle occupants who were ejected were killed.

Hundreds of children's lives can be saved each year by seatbelts and child safety seats for younger children. Airbags have also saved an estimated 22,000 lives between 1987 and 2006 according to estimates by NHTSA.

Continue reading "3 Children Ejected in Houston Auto Accident" »

Under a new rule that went into effect today, commercial drivers are prohibited from texting while driving. According to U.S. Secretary of Transportation Ray LaHood the regulation provides for fines up to $2750. The regulation is part of a larger distracted driver awareness policy of President Obama's administration, it is reported.

According to research studied by The Federal Motor Carrier Safety Administration distracted drivers are 20 times more likely to get in a wreck. These and other issues are important in assessing responsibility by truck accident attorneys and for determining whether punitive damages are possible in a truck or auto accident lawsuit.

I applaud the efforts to ban texting by the administration and those of FOCUS DRIVEN a non-profit group seeking to raise awareness of the dangers of cell phone use while driving.

A young man 23 was killed when a tire came off a truck and bounced across several lines of traffic striking his car. The highway patrol investigated the accident which occurred in Washington County. According to reports a tire came off a Ford F350 pickup heading north on the highway when the wheel came off.

This accident is a reminder to all of us to check our vehicles regularly for safety issues , many accidents happen that could have been prevented with proper maintenance. If you have been in a serious accident in involving a big rig or a tire failure and seek help, look for an experienced accident and injury attorney with a track record of success.

Remember your safety and the safety of your loved ones may depend on the condition of the vehicle you are driving. Check your wheels and tires frequently, for wear and make sure your tires are properly inflated according to manufactures specifications.

Additionally, I am seeing more and more accidents that involve old tires that fail. If your tire is 6 years old many manufactures recommend you replace them regardless of tread wear. Share tires are especially susceptible to looking good but being unsafe due to old age.

To check your tires age look for the last 4 digits of the DOT number on the side of the tire. The first 2 digits are the week the tire was made the last 2 tell you the year.

An example of a tire made in the 50th week of 2007: DOT U2LL LMLR 5007

At long last motor coaches are about to be regulated in an effort to improve safety. Under a plan with the NHTSA and the Federal Motor Carrier Safety Administration rule making will begin to assist in motor coach safety.

NHTSA is expected to issue rules requiring the installation of seat belts in motor coaches, set parameters for tire safety and examine such factors such as roof crush and stability on motor coaches and buses.

The Secretary of Transportation, Ray LaHood issued the directive to improve safety on our highways with motor coaches.

Other issues of interest under the plan are rule making for on-board recording devises which can be used to monitor driving time and speed.

Bus safety has recently come up with the death of a 16 year old school boy in Connecticut when a bus without seat belts was involved in a wreck.

Continue reading "National Highway Traffic Safety Administration releases a Motor Coach Safety Action Plan" »

One news reports that a wheel came off a truck and struck a bus going the other direction. The wheel struck the bus window and the bus driver was listed in critical condition.

The highway remained closed while police investigated the truck/bus accident. Wheels from 18-wheelers are especially dangerous do to their size and weight and can weight up to more than 400 pounds, which at highway speeds can be a deadly missile.

Under the Federal Motor Carrier Safety Regulations (Texas has adopted the FMCSR) truckers are required to do pre-trip inspections to avoid equipment problems that may lead to a truck accident. Wheels and rims are part of the required inspection prior to each trip. Additionally Section 396.3(a)(1) of the Federal Motor Carrier Safety Regulation expressly provides that "axels and attaching parts, wheels and rims" shall be in safe and proper operating condition at all times. I have investigated many truck accidents in Houston and throughout where poor equipment has lead to disastrous results. Many instances of truck driver negligence can be avoided by implementing policy to insure that both the truck company and their driver adhere to the Motor Carrier Safety Regulations. Some times simply checking the lug nuts can avoid a wheel coming off. In instances after a wreck several times the post accident inspection of the rig in the accident reveled missing lug nuts and other unsafe conditions.

Since about 1949 big rig trailers have used air brakes as the mechanism to stop the trailer in an articulated vehicle. The change to air brakes was necessary due to the increased use of large rigs such as we find on our roadways today. Hydraulic brakes are still used on smaller straight trucks but the braking components and designs have evolved over the years for hydraulic brakes to adapt for faster speeds and more efficient stopping power.

While air brakes on tractor trailers have several important safety features built in, such as dual air systems, the operating condition of the braking components is a big part of accident reconstruction analysis when indicated by post accident inspections and or the objective findings at the accident scene. After a truck accident it is very important to inspect the scene and vehicles as soon as possible after the wreck to get the clearest picture of the cause of the wreck. Both driver and trucking company have very stringent responsibilities under the Federal Motor Carrier Safety Regulations with regard to the operational condition of the rig. Additionally, manufacturers of semi trucks have minimum design standards for stopping under the FMVSS of 335 feet at 60 mph for most semi trucks.

Sometimes wrongful death or serious injury could have been avoided simply by adequate care with respect to maintaining the brakes. Early inspection of the commercial vehicles by truck experts and an experienced truck accident attorney is advisable to best prepare a truck accident claim.

Continue reading "Bad Brakes on 18 Wheelers" »

A truck accident on the Gulf Freeway involving a tanker truck caused a massive traffic jam in Houston. It was feared the truck was carrying sulfuric acid and crews took extra caution in clearing the wreck. The trucker was pinned in the overturned vehicle and was freed by Houston Firefighters. It did not appear that the tanker spilled any of its liquid.
Truckers carrying hazardous materials are subject to special driving and parking rules under the Safety Regulations adopted by the State of Texas. The extra precautions taken under the safety rules for trucker's carrying hazardous material is designed to prevent discharge of the material and protect the public.
Material spilled on the roadway can create a very dangerous situation and the Baumgartner Law Firm has over the years, successfully litigated wrongful death cases stemming from discharge of substances on Houston Highways.