Houston Truck Accident Lawyer Blog

There have been a number of unusual but deadly vehicle collisions in and around the Texas area recently. Unfortunately, many of these could have been avoided with a little patience and some common sense. Reports indicate:

*In the early morning hours of a school day last week a passenger car was seen to be tailgating a school bus. When it attempted to pass the larger and slower moving vehicle it clipped the left rear fender. This caused both the car and bus to careen out of control. Before the vehicles came to a stop the bus had nearly flipped over and the driver of the car was killed. A third truck could not avoid becoming a part of the accident. No students on the bus were injured.

*A teenager was killed and his passenger injured when their vehicle was struck by a semi-truck last week. Preliminary indications are that the trucker ran a red light. In the course of the accident the trailer literally flipped over onto the smaller vehicle - crushing the victim.

*A driver whose vehicle was disabled pulled off the side of the road. A good Samaritan stopped to offer assistance and as both men were standing alongside the car an SUV struck them. Unbelievably - the same thing happened the following night. Sadly, one of the men died from his injuries.

Continue reading "Deadly Accidents in Texas" »

I am a semi-truck and automobile accident attorney. I see the tragedy that can result from these accidents on a daily basis which prompts me to regularly address the public about some of the more simple safety driving precautions. I hope the following will be beneficial to you and your family when out motoring.

*Don't drink and drive. Certainly there has been enough media attention on the dangers of this particular behavior. Even if you've only had a couple drinks your driving acuity may be impaired. I always suggest that those who enjoy a night out on the town find a safer way home than getting behind the wheel of their vehicle themselves.

*Don't drive distracted. Researchers have found this behavior to be as dangerous as drunk driving in many cases. That means - put your cell phone down and keep your eyes on the road. Don't eat your breakfast or dinner, don't finish getting ready for work, don't discipline the kids, and don't watch a movie or read the paper (yes, this happens). Keep your eyes on the road.

*Don't allow your car to fall into disrepair. Take it in for regular check-ups. Keep the tires filled and replace them when the tread is worn. Keep all fluids topped off. Change your oil when needed. Keep your brakes in tip-top shape and keep the gas tank filled.

Do not be the cause of an injury or fatality accident because of your own negligent behavior.

If you have lost a loved one after a fatal accident contact an experienced and successful wrongful death attorney as soon as possible after the accident before critical evidence disappears.

Continue reading "Causes of Fatal Auto 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" »

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" »

Another fatal 18-wheeler accident happened last Friday afternoon on Highway 290 in Northwest Houston. According to reports, the victim was stopped on the right shoulder of the highway exchanging insurance information after a fender bender. While retrieving his insurance information the victim was struck by an 18-wheeler and killed. My heart goes out to the family of the deceased victim.

Reports further indicated that the 18-wheeler driver was taken into custody as a result of outstanding warrants. There is no indication that alcohol was a factor in the accident.

Highway 290 has been notorious for fatal truck accidents like this one. Given the congestion on Highway 290 the likelihood of serious or fatal accidents is increased with the heavy traffic.

Plans have been developed for the widening of Highway 290 but as of yet the plants have not been funded. One of the most pressing needs of the Houston area and in the state of Texas is to relieve traffic pressure in northwest Houston by the development of the grand parkway and also taking steps to improve Highway 290.

Truck drivers are supposed to be professional drivers and we expect more out of them as a professional driver then we do every day drivers. One of the duties of a commercial vehicle driver is to keep a proper lookout to ensure they do not end up in situations like this. A proper lookout is even more critical because an 18-wheeler takes much longer to stop than a passenger car or pickup truck.

Continue reading "Fatal Truck Accident on Highway 290 in Houston" »

A bus leaving Houston going to the Valley crashed after an impact with the pickup truck on Highway 77 near Victoria, Texas.

The bus was a Greyhound bus and in addition to the fatality numerous other people were injured in the truck accident. Apparently, according to reports, the pickup truck glanced off the side of the bus and the bus then careened into a telephone pole.

Numerous passengers were treated at local hospitals and initial reports indicate that the pickup driver was ticketed for failure to yield right of way.

The extent of the injuries from the crash are not known at this time but quite a few people were transported to the hospitals to be treated. Photos from the accident scene showed the crash to be significant ripping most of the front of the bus apart.

Greyhound bus in the United States and Canada carry almost 18,000,000 people each year.

Generally, bus travel is considered among the safest available and reduces the number of cars on the road significantly while reducing fuel cost per passenger mile.

Some Greyhound buses are equipped with three-point seatbelts -generally the newer models. It is unknown at this time whether the bus involved in this truck accident had seatbelts available to the passengers.

Continue reading "Fatal Houston Bus Accident" »

Some of the more common means in which a wrongful death may occur include vehicular accidents, product or premise liability and medical malpractice - and they may either be caused through negligent or deliberate behavior.

A suit including a survival action may seek to recover monies due to the loss of inheritance, loss of services love and care, pain and suffering for the decedent prior to death or potentially even punitive damages (in exceptional cases), and/or the various expenses related to the death - including medical, property and/or funeral costs.

Wrongful death suits must meet certain statutes of limitation in their filing. If the suit is filed past the 'expiration date' required by law then the case will not be able to be prosecuted and will be dismissed.

This is a difficult situation for surviving members of a family to understand. At the time of death and for months thereafter most families are embroiled in grief and unable to function (think or behave) normally - or in a manner that is beneficial to the well being of the family unit in the long run.

This is the reason that legal assistance early on is paramount in the case of a wrongful death lawsuit.

Other stipulations related to a wrongful death lawsuit are also important such as ensuring that the action is filed in the correct jurisdiction and against the correct parties.
There have been instances where this has been handled improperly - which cost the family any chance for remuneration or recovery.

If you have any doubts contact a Houston wrongful death lawyer as soon as possible after a fatal accident.

The phrase 'it was an accident' may be more common in the case of wrongful death lawsuits than anywhere else. A young man was cleaning a gun and did not realize there was still a bullet in the chamber - the gun went off and killed a visitor to his home (a close friend). A young mother fails to stop before hitting a cyclist out for a leisurely ride and well within the lines of the designated bike lane. An elderly man tripped over a yard tool when stopping by a neighbor's house for a friendly visit. He suffered a head injury but failed to seek proper medical attention and died soon after from internal bleeding.
In each of the previously cited cases - the deaths were accidental.

There was no indication that the defendants behaved with malice. However, there was ample evidence of negligence and no heartfelt apology or profuse declaration of lack of intent can undo a death.

Wrongful death lawsuits usually begin with the determination of causation by the wrongful death lawyers handling the case- but it may not require a demonstration of 100% fault on the accused for a case to get filed. Sometimes it is only necessary to prove that there was potential negligence that was a cause of the death for a case to proceed and blame assignation to be made by a judge or jury.

This is then followed with the consideration of compensation - an entirely separate issue with its own requirements. Each state has its own unique laws dealing with wrongful death and it is always best to consult a wrongful death lawyer in the state where the accident occurred as soon as possible after the accident.

Due caution in all matters is often the best preventive measure to avoid the inconsequential phrase - 'it was an accident'.

Continue reading "Wrongful Death Cases" »

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" »

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?" »

A complicated reported tale - with all the makings of a wrongful death suit - occurred this morning between two women in what appears to be an incidence of 'road rage' turned deadly.

Of course, the story varies according to whose side of the issue is being told. The reports thus far include that there were two women involved, there was a claim of road rage in which one woman cut the other woman off while driving and the second woman attempted to exact retribution through the use of her vehicle by following the first and using her SUV as a weapon (of sorts).

Too, both women stopped and -purportedly - one pulled a knife while the other pulled out a gun and shot her to death before fleeing the scene.

The shooter claims she acted in self-defense. The dead woman is the mother of five - who, according to her children - was a wonderful mother who worked seven days a week to keep their family going.

It may be days or weeks before a decision is made whether or not to charge the shooter - after all, she made claims of self-defense stating that the dead woman pulled out a knife and she feared for her life.

A grand jury will likely ultimately decide the truth of these claims but her story is bolstered by the fact that a knife was found at the scene.

However, even if the woman is not charged with homicide it is possible the family will seek some sort of damages in a civil suit - for they undoubtedly feel wronged in this death.

Never get in altercations from driving, just let it go and get on with your journey safely.

Continue reading "Road Rage Turned Deadly" »

A quick perusal of the morning news reveals the normal mayhem on Houston roadways. A story that originally appeared several days ago revealed that not one person - but an entire family was struck by a vehicle upon exiting one of Texas's favorite pastimes - the rodeo.

As they were walking to their car a drunk driver exiting the parking lot at a high rate of speed traveled up onto the barricaded walkway and struck the family. The driver fled but was captured a short distance away.

The family only received minor injuries - but when a drunk driver is involved in an accident the potential is always there for severe injuries and fatalities. Research shows that intoxicated drivers are less cautious, more cavalier, more likely to take risks and less able to control the vehicle. All of these seem to be at play in this incident. Drunk driving accidents claim hundreds of Texans each year.

In another accident story a flatbed trailer parked and unmoving was struck by a subcompact car. The driver was taken to the hospital with undisclosed injuries. While there are no other facts available concerning this incident several questions immediately come to mind.

First, where was the flatbed parked - in a lot or along the side of a public roadway? Was it in the middle of a designated traffic way or out of the way where a driver would not be likely to strike it unless he or she was intoxicated, impaired, drowsy or distracted?

Did the truck driver follow the safety regulations in parking his truck? Or did the trucker improperly park the big rig?

Of course the answers to these queries will be revealed in the days to come but both stories serve as a reminder that you must always take your own safety (and that of your family) into consideration as you go about your daily business.

Continue reading "Safety is our Responsibility " »

For the last 3 months the country has endured one of the worst winter seasons on record. It seemed that the entire country was pounded with snow, ice and sleet and as a 'people' we crawled to cross the February finish line with hopes that spring was soon to follow.

Now it seems that flooding threats have replaced the previous problematic precipitation challenges which prompt me to offer specific advice about what to do if you are in a dangerous flooding or high water situation.

Today's roadways (in Houston and elsewhere) are a labyrinth of under and over passes that criss-cross a city and may not have been designed with the forethought required to take into consideration the occasional deluge that may lead to rising or high water and flooding.

Flood waters have the capability of sweeping a several ton car into a current and carrying it for long distances - causing the vehicle to take on water or even sink with time and endangering the lives of the driver and passenger (s). It is best to consider the following information well in advance of mounting rising waters.

Experts advise that if you come to a pool of standing water check to see if it has reached the height of or surpassed the level of a curb. If so, then back up (if you can safely), and find an alternate route or simply wait at a safe distance away for the water to subside.

Driving into high waters is not only risky for all in the vehicle but, additionally, the water may cause damage to the electrical and other systems. Too, water damage is often extensive and costly to repair.

The fact is that an automobile may begin to float in only 2 feet of water - and a lack of prudence may lead to you becoming the main character in a dramatic rescue video.

Never attempt to drive through standing water.

Continue reading "Exercise Caution with Water on Roadways" »

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" »