Houston Truck Accident Lawyer Blog

Unfortunately, it is often only in the case of catastrophe that our government and other organizations can be persuaded to make common sense changes that improve the safety and well-being of the public at large.

Such is the case with banning cell phone use of any kind by semi-truck drivers who are behind the wheel of a rig and motoring down America's roadways. Last year, in a reported accident that can be characterized as nothing less than horrific, a 45 year old semi-truck driver lost control of his rig in the pre-dawn hours of a perfect morning, crossed the median and struck a van carrying 12 people - killing himself and nine passengers in the van.

Reports indicate that records show that he had dialed a number just as the vehicle went awry - and had made a combination of 69 phone calls and text messages in the 24 hours prior to the accident. All other causes than distracted driving have been ruled out.

So, now the NTSB is calling for a complete ban on the use of cell phone devices by semi-truck drivers who are driving. That is both hand-held and hands-free devices. No phones, period. No phone calls, period. Keep your eyes on the road and your focus on awesome responsibility of safely moving an 80 plus ton vehicle from point A to point B.

Although the NTSB does not enact legislation - their recommendations carry weight.

So do yours. Contact your state and federal legislators and tell them you do not want distracted semi-truck drivers on the road.

Continue reading "Why Cell Phone Use By Truckers is a Bad Idea" »

Well, it was bound to happen. The United States Department of Transportation has just given permission for truck drivers from Mexico to cross U.S. borders into our country and travel anywhere in the country. If you weren't worried about your safety before - you should be now. Research shows that the trucking industry standards in Mexico are much more lax than our own (which is saying something!).

The condition of semis and standards for upkeep are nowhere near as strict as their U.S. counterparts. Is the health of the driver even a consideration in Mexico - cause it is here with regular physicals required as a part of a semi- truck driver's ability to maintain employment. Too, signs in this country are basically in the English language - are Mexican truck drivers going to be required to speak English in order to better comprehend the rules of the road in this country?

Now the federal government has promised they will enforce a 37 point inspection AND personal interviews with each driver.

According to NAFTA officials (the source of this wonderful law that opens up our borders to Mexican drivers) Mexican drivers will have to follow all laws of documentation and safety. But the reality is that inspectors will be doing nothing more than taking the word of these drivers and inspecting vehicles on an occasional basis.

America needs tougher regulation of safety laws for truck companies not deregulation.

Continue reading "Truckers From Mexico" »

There are quite a number of factors that lead to the increased risk of serious injury or wrongful death following an accident with an 18-wheeler as opposed to an accident with another passenger car. The first factor is incompatibility in disparity of maneuvering. Big rigs and tractor-trailers just do not dynamically maneuver the same as a passenger car. Both cornering issues and breaking compatibility and performance are key factors in many truck accident cases.

Not only do big rigs take much longer to stop but more room to turn and generally take more time to reach highway speeds than a typical passenger car. What are typical emergency maneuvers for passenger cars can lead to very serious consequences when the vehicle being driven is a tractor-trailer. Rollover propensity for 18-wheelers is very high and with heavy loads can be a real risk factor for truck driver. Rollover accidents account for 50 to 60% of fatalities by truck drivers mainly due to the higher center of gravity.

Some of the steering problems come from the articulated vehicle, which is a combination of the tractor plus the trailer. When articulated vehicles attempt emergency maneuvers stability of the semi truck is affected much quicker than a passenger car.

Stopping distance can be a huge risk factor in analyzing semi truck accidents. The stopping distance for a typical passenger car is less than 200 feet at 60 miles an hour. But the stopping distance for heavy commercial vehicles easily can exceed 300 feet and further depending on the specific makeup of the commercial vehicle. Factors such as the type of truck and whether it is loaded or unloaded can affect the actual stopping distance.

Increased risk of a fatal accident is a real and legitimate statistic when a commercial truck is involved. Generally, there is one fatality for every 500-passenger car to passenger car collisions. Unfortunately, the risk of fatality goes up seven times when a tractor-trailer is involved in the accident. About one out of every 70 car to truck accidents result in a fatality.

The biggest single factor in the increased fatality ratio of a truck accident is the sheer size and weight of the 18-wheeler. When 70,000 pounds meets 6000 pounds the passenger car is always going to be the loser. This is called the mass ratio and is the reason that the odds are so great that an occupant of a passenger car is so much more likely to be seriously injured or killed when struck by a semi truck.

Studies have shown that car-to-car collisions result in only 0.2% of fatalities while a car to a medium-heavy truck is 1.5%.

Continue reading "Passenger Cars vs. Big Rigs" »

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?" »

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?" »

Everyone owns the obligatory vehicle insurance - and at the time of purchase we may peruse the specifics of the policy. But very few of us walk around with the details of the coverage nestled securely at the front of our consciousness. In fact, we most likely never give our insurance a second thought - until we need it.

Then we're scrambling to familiarize ourselves (even memorize) the exact coverage we purchased. Let us consider some of the more common questions a driver may ask after an accident.

What is a underinsured motorist coverage or uninsured motorist coverage? This type of coverage protects you if you are in an accident with a person who has no insurance or in a bad accident with a person who only has a minimum limit policy.

Is it mandatory to report any and all accidents to your insurance company? The response to this is 'YES' - it goes to the question of future liability.

However, in reality, many people involved in fender benders tend to take or offer money in lieu of a claim - which is an unfortunate and dangerous precedent that could present problems to the driver 'down the road' so to speak.

If your vehicle is totaled what monetary compensation can you expect? Even though a vehicle may be worth its weight in gold to you - the dollar value you will receive will be determined by an evaluation of its actual value. The vehicle's year of manufacture, number of miles and other factors will be taken into consideration - often through the use of a tool known as the 'blue book' value.

Because the topic of vehicle insurance is so important - we will certainly revisit it in future posts.

Continue reading "Insurance Claims from an Accident" »

A recent article concerning the deadliness of semi-truck accidents prompts me to relate the unbiased findings and opinions of the author - and offer them as support of my regular mantra on the topic. Let me preface this entry by noting that - overall -today's vehicles are designed to endure a head-on crash at 35 miles per hour with minimal damage to the driver and passenger(s).

Automobile engineers are perennially and deliberately striving to create an even more secure driving and riding experience. While we applaud the vehicle manufacturers for this, it cannot be denied that they have a long way to go before they eliminate the average 40,000 deaths that occur annually from car and truck crashes on American roadways.

One of the most commonly fatal types of semi-truck accidents occurs when a vehicle crashes into the back of the rig and 'rides under'. Most often in these cases the top half of the car is instantly sheared off and anyone in the vehicle is killed instantly - a gruesome fact I have seen to many times in my Texas personal injury paractice - but the truth nevertheless. In fact, statistics find that over 400 deaths and 5,000 injuries can be attributed to 'underride' accidents.

Because this type of accident contributes to the annual Texas wrongful death rate in no small measure, more and more legislators are considering answering the call for semi-trucks to install 'underride guards' which are optimally designed to prevent cars from driving under a semi-truck in the case of a rear end collision.

More specifically - the government is calling for stronger requirements than what are currently in place.

Why? Because even with the current use of underride guards crash tests with 'dummies' have results that researchers have stated 'are difficult to watch - because the effects - if translated to real human beings - would still result in decapitation and catastrophic injuries.

Note to the federal government and the semi-truck industry - if you're going to do something - do it right. Create and install underride guards that actually prevent injuries and deaths.

Continue reading "Under Ride Truck Accidents" »

Most of the major trucking companies have a legal team in place at all time. The reason for this is if an injury or fatality accident occurs involving one of their trucks and/or drivers there is sure to be a lawsuit filed and a ready-made legal team is able to react more quickly to spin the 'facts' of the case in their favor.

The families of the accident victims should prepare to do the same and hire a real truck accident attorney to ensure their interests are protected.

What types of information would each side seek? To begin with any official records of the accident including the police report and the documents related to the reconstruction of the accident. In addition, each side would want the names of any witnesses and their home addresses so that they could interview them again.

Too, insurance companies would have to be drawn in with discussions of benefits and other concerns such as long term care. And, of course, battle lines would be drawn for what could turn into a court case in which the trucking company will work very hard to win and avoid paying accident victims any money for the injury and or death of a victim.

In many instances of accidents between an 18-wheeler and an automobile - the fault is with the motor carrier, driver or mechanics. The reason is that a rig is much larger and able to inflict greater damage than a car. It is harder to gain speed or slow down a speeding semi-truck than it is with a car.

In short, although they serve an important purpose - they also pose a greater danger to the driving public.

Continue reading "Insurance Company Truck Accident Teams" »

In a recent year there were nearly half a million truck accidents that resulted in nearly five thousand deaths and thousands more injuries. Some experts place the annual cost of truck accidents at twenty billion dollars when resources, quality of life and loss of productivity are factored in.

The number of causes of semi-truck accidents is as vast as the day is long. Sometimes the reason for a collision is mechanical and in other cases it is simply a case of human error. In either case the aftermath of a big rig or dump truck accident is most often heartbreaking and almost always frustrating because it was likely preventable.

Mechanical problems can be anything from brakes that have not been maintained to loads that are not well secured. In addition, engine problems and even simple things like the lack of mirrors can end in an accident.

But driver concerns are equally as worrisome and problematic. For instance, semi-truck drivers may be poorly trained and/or inexperienced. They may be aggressive drivers who speed or they may be driving distractedly. Too, impaired driving may be the result of drugs or alcohol.

And the problems of 18 wheeler accidents are not expected to go away any time soon. This is one of the few industries in the country in which employment is expected to grow exponentially in the next ten years.

Statistically - the chances of surviving an serious injury accident with a semi-truck and an automobile are slim. The best one can do is drive defensively - especially when driving near, by or around a big rig.

Continue reading "5000 Deaths a Year from 18 Wheeler Accidents" »

With more drivers and their trucks and cars taking to the roads it should come as no surprise that the number of multi-vehicle collisions are beginning to occur at record rates. However, it is not simply this increase for which we can attribute the phenomenon - certainly there are other factors at play as well. In fact, the same reasons for single car accidents are often the impetus for multi-vehicle collisions as well. Consider the following accidents.

Several nights ago in a neighboring state, police responded to a fifteen car pile-up on a city freeway. The cause should come as no surprise - wet roads iced over and spots of black ice dotted the roads catching drivers unaware. Fortunately there were no severe injuries but lots of damage. The weather is often the culprit of single and multi-vehicle collisions.

A man headed the wrong way on the interstate took out four cars and killed two people last year. You don't have to be genius to figure out that the guy was intoxicated. Drunk drivers cause single and multi-vehicle collisions and wrongful death accidents every day.

The same is true for distracted drivers. A woman was applying her make-up in an effort to make up for lost time (having left for work late that morning). She failed to notice traffic stopped in front of her and plowed into the back of a vehicle with such force that vehicle was shoved into several others. All told, six vehicles were involved and catastrophic injuries occurred.

As you can see - the reasons for single and multi-vehicle collisions are very similar.

Continue reading "Multiple Vehicle Accidents" »

Even more safety features are being installed in some of the more reputable semi-truck fleets across the country. For instance, a reputable trucking company has added dashboard monitors that are tied to a front collision warning system.
If a vehicle cuts too closely in front of the semi the mechanism automatically takes away the driver's control of the throttle thereby automatically reducing the truck's speed. If the other vehicle gets even closer - then this safety device actually applies the brakes for the driver!

In addition to the front collision warning system - the cabs themselves are now equipped with a rollover stability feature and lane departure warnings. The warning system works with cameras that are mounted around the vehicle - if the rig does not remain within the middle of a lane or veers too close to the lines that divide the highway. Finally, the company has added what is termed 'adaptive cruise control'.

Other features have been added to increase the driver's comfort on long rides. These include satellite radio and bigger, more comfortable chairs as well as windows with 'wider vantage points and automatically adjustable mirrors'.

No doubt, anything that can be done to make the driver more comfortable is actually a safety feature as well.

While all of these are great add-ons that have shown to decrease accidents through authentic road tests - we urge the trucking industry to continue to search for ways to cut down the number of injuries and fatalities that result from semi-truck accidents.

Continue reading "Truck Accidents Prevented by Technology" »

Perhaps one of the most common causes of semi-truck accidents - that could be wholly preventable - is the failure of trucking companies to complete a thorough background check of a potential employer before allowing him or her to drive. Trucking companies are under multiple pressures.

They must meet the needs of their manufacturers to get products to their destination in shorter amounts of time than ever before - competition dictates this. In addition, there is expected to be a marked increase in the demand for trucking over the next decade.

Meanwhile state and federal government organizations are placing greater expectations on the trucking industry to try to increase overall safety - and we all know this translates to more work for the company.

Therefore, one place a trucking company may be willing to compromise is in the hiring department. After all, they might reason, what are the chances that something like that could backfire - put a trucker in the semi and get that product moved.

This, however, is probably one of the worst places to cut corners. Why? Because truck drivers have an awesome responsibility. If a driver has a history of mental problems, substance abuse or an otherwise poor driving record then this is not the person you want representing your company. In the case of an accident - the truck drivers driving record will be looked at closely.

Continue reading "Drivers Qualifications" »

Being a semi-truck driver is more complicated than one might think. Not only do drivers have to complete a special driving course and take both a driving and written test to get a commercial driver's license.

But there are dozens of other concerns a rig driver must deal with when they are employed in the trucking business. What follows are a just a few 'hoops' truckers must jump through right here in Texas.

Once the driver gets certified he or she may choose to work for a trucking company or drive independently. One of the requirements of driving mirrors that of the private driver - the vehicle must be registered, have a proper title and license plates must be purchased from the Department of Motor Vehicles.

All of the information must be updated annually. Too, a log book must be kept (up-to-date) and it must meet various state standards. There are other vehicle safety standards that must be met as well.

In addition, there are fees that accompany truck driving such as the Federal Heavy Vehicle Use Tax enforced by the IRS and fees for oversized loads as well. The IRS has a special tax web site available for truck drivers and those in the trucking industry.

It provides answers to a variety of questions related to taxes as well as making forms available for download.

As you can see, truck driving involves much more than hopping into a cab and crisscrossing the country. It's a career and those in its employ perform a valuable service that is vital to our country.

Continue reading "Truck Driving as a Career" »

One of the responsibilities of commercial truck drivers is to ensure that the load they are carrying is safely secured so that it will not come off of the truck as it travels down the roadway - creating a danger to themselves as well as the other drivers on the road. Injury and fatality accidents occur all too often because of debris flying off semi-trucks.

Consider the following information.

Two young men were headed down the highway - off for a weekend of fun on a spring afternoon - unaware that several miles ahead - a semi-truck was dropping parts of its load that included tree branches and logs. Those drivers who came upon the debris called the highway patrol to report it. But it was too late for boys - when they came upon a log in the road the driver swerved to avoid it and lost control of his vehicle. It rolled three times in the median before come to a stop. The passenger - not wearing a seat belt - was thrown nearly two hundred feet - and died instantly.

If a semi-truck driver is hauling products in a trailer then he or she must be sure that all latches and ties are secure - and the trailer door locked. Checking that loads are secure is part of the required pre-trip inspection truckers must perform before setting off on a trip.

Remember, if you see a truck dropping debris contact the highway patrol immediately.
Unfortunately for the mother of the young man that died - they have yet to determine what trucking company was responsible for the unsecured load.

Continue reading "Loading Accidents" »

The average American is most likely unaware of the amount of hazardous material that traverses this country from coast to coast (on a daily and weekly basis). One authority offers that up to fifteen percent of goods on our roads at any time are hazardous materials.

This includes products that are corrosive, ignitable, explosive, toxic or reactive - such as motor oil, pesticides, and paint. Frankly, there are dozens and dozens of hazardous materials - too numerous to name.

Truck drivers who transport hazardous materials must adhere to the following expectations. First, they must pass a special exam. They must always put hazardous material signs on the truck positioned so they are easily visible to all around them. Liquid hazardous materials are transported in tankers that themselves must meet specific guidelines.

In addition, some communities will not allow hazardous material inside the city limits or on certain roadways. Rig drivers need to be aware of these expectations and make sure there is a contingency plan in place for this situation.

Research shows that the number of hazmat accidents on highways is twelve times greater than rail transport. Too, there is four times the number of fatalities in roadway hazmat accidents. And Texas truck accidents with chemical spills shut down our Texas highways for long periods of time.

Finally, there is a significant increase in the actual amount of accidents that have occurred over the past decade.

Unfortunately, Texas semi-truck accidents that involve hazardous material tend to be more spectacular and dangerous than other accidents due to the nature of the cargo. They require hazmat experts to come to the scene and handle the crash.

Continue reading "Hauling Hazardous Material Part 2" »