Houston Truck Accident Lawyer Blog

Hit and Run Accidents

Mon, 14 May 2012 12:39:55 -0600

Hit and run accidents are on the rise if we are to believe the statistics provided by a number of sources. Consider the following data:

*One out of every 5 pedestrians killed on the roads die from a hit-and-run.

*More than 1 of every 10 crashes (11 percent) reported to the police involved a hit and run driver.

*From 1994 to 2003, a total of 14,914 people were killed in hit and run crashes in the United States.

*58 percent of fatal hit and run crashes occur on Friday, Saturday, or Sunday; and 47 percent of fatal hit and run crashes occur between 9 p.m. and 3 a.m.

There are multiple factors that cause a person to flee the scene of an accident. The most common and overriding reason is the driver was intoxicated.

In addition, however, drivers may flee because they are driving without insurance or are not properly licensed or they may be worried about being arrested for one reason or another. In some cases it's simply a matter of fear of consequences. So their humanity 'goes out the window' in favor of self-preservation.

If you are ever in an accident - no matter what do not leave the scene. Contact emergency services and attempt to administer help if possible.

If you witness an accident and see the driver leave the scene - try to get a license plate number and consciously note as many details about the vehicle and driver as possible. However, stay with the victims (in a safe area) and wait for help.

Rear End Car Accidents

Wed, 09 May 2012 14:55:14 -0600

Every type of accident has commonalities - and this is true, as well, with rear-end vehicle collisions. On very serious commercial vehicle accidents, immediately following the accident there will usually be an accident reconstructionist who visits the scene to help determine the cause of the accident and the person who is at fault.

Most often, it is the driver of the car that rear ends someone who is at fault and (therefore) potentially liable for all property damage and injury. In fact, in the majority of cases of rear end accident the driver of the rear car is either following too closely and/or driving too fast to allow them to come to a safe stop if/when the driver in front of the slows or stops quickly.

That means that the driver of the rear car may be liable due to his/her failure to drive in such a way as to have time to stop safely.

However, liability and negligence in a rear end accident is not always as clear as that. Mitigating circumstances for the driver of the rear car include such things as whether or not the driver in the front car is intoxicated or driving in an impaired state that resulted in an improper stop or lane change or even if the front car experienced some type of vehicle malfunction that caused it to stop (unexpectedly or otherwise).

Unfortunately for many Texas families dealing with the insurance company after a clear liability rear end car accident can be very stressful.

With the passage of Texas tort reform, insurers have been emboldened and it is very difficult for an innocent victim to get a fair shake. Which often forces the innocent victim to hire an injury lawyer and incur the expense of litigation because - the negligent driver may be held accountable in a civil action.

Wasted Time Because of Inadequate Highways

Fri, 06 Apr 2012 12:52:18 -0600

If there's one thing American's have in common - it's their frustration with America's roads - highways, city streets and all other byways. This topic was addressed in the previous blog and will be continued herein.

*What is the condition of the nation's highway network? There are two measures that are used to assess the condition of the nation's highways. One focuses on physical conditions, i.e., whether the roadways and bridges are in good repair. The other focuses on performance, i.e., whether the system is providing adequate transportation services to meet the nation's needs. In either case U.S. highways do a poor job.

*Highways in rural areas are in somewhat better condition than those in urban areas. Urban highways carry more traffic and thus get more wear and tear. The nation's Interstate Highways are in relatively good condition, with only two percent of rural miles and five percent of urban miles in poor or mediocre repair.

Other highways, however, are in much worse shape, particularly in urban areas where more than one quarter of all arterials and collectors are in poor or mediocre condition.

*The performance of the nation's highway system is measured by the amount of congestion and delay incurred by highway users. The latest information is from the Texas Transportation Institute's 2011 "Urban Mobility Report," which provided data on highway performance through 2010.

According to the report, congestion caused Americans to spend an extra 4.8 billion hours in their cars and trucks in 2010 and to purchase an extra 1.9 billion gallons of fuel for a congestion cost of $101 billion. $23 billion of this represented the impact of congestion on the U.S. trucking industry, which raised the price paid by American households for many goods and services.

*For the average U.S. motorist, congestion during peak periods added 34 hours to their driving time in 2010 and caused each one to waste 14 gallons of gasoline, for an annual cost of $713 per motorist.

All of the measures of congestion and delay have been getting progressively worse since the Texas Transportation Institute issued its first report in 1982. Furthermore, the problem of congestion has been spreading to smaller and smaller cities. In 1982, only one city, Los Angeles, registered a delay of more than 40 hours per motorist. In 2010, the average delay for the 101 largest cities in the U.S. was 40 hours per motorist, with Washington, DC, motorists experiencing 74 hours of delay, Chicago 71 hours and Los Angeles 64 hours. I do not know the wasted hours we have in Houston but suspect it rivals that is the foregoing cities.

All of the information contained in this blog was taken from the website linked below. I urge you to take the time to visit the site if you want to learn more about America's roads and transportation system.

http://www.artba.org/about/faqs-transportation-general-public/faqs/#9

Bus Accidents in the News

Sat, 31 Mar 2012 13:03:26 -0600

There has been a spate of bus accidents as reported in the news recently that have resulted in multiple casualties.

The worst was the incident overseas in which a tour bus returning from a ski trip and packed with happy vacationers slammed into a tunnel wall instantly killing 22 children and 6 adults. Early speculation on the cause is that the driver may have suffered a heart attack. Surprisingly, all passengers were wearing seatbelts and the bus company had a good record. Also, the bus was not speeding.

Meanwhile, back here in the States two school bus accidents almost back to back resulted in the deaths of one child and an adult. The first occurred in the Midwest. A bus ran into a bridge abutment claiming the life of a preschooler and the driver and injuring scores of others. Preliminary reports of the cause range from distracted driving to a heart attack. No seatbelts were available on the bus.

In the second school bus accident initial reports are that the driver lost control of the vehicle when he overcorrected. The bus actually rolled. Dozens of kids were injured but there were no fatalities. Again, there were no seat belts on the bus.

These accidents have raised the age-old argument of equipping buses with seat belts. The NHTSA argues that school buses remain the safest way to transport large numbers of children and that the buses are 'ergonomically' more safe than even a parent's car. Too, in the case of the Swiss bus - seatbelts did not save nearly thirty people.

I suggest we equip school buses with seat belts and add seat belts to older buses. This may prevent another devastating loss such as these. Texas has taken a good first step in passing a law requiring seat belts in some new buses and our leaders are to be commended for such positive action for our children. In the age of budget cuts in education- can we really put our kids at risk?

Trucking Growth Projections

Wed, 28 Mar 2012 13:57:57 -0600

Economists are predicting a shortage of certified commercial drivers over the next few years even as they demonstrate that the trucking industry is expected to grow significantly in the next decade. One expert states that currently there may be a need for as many as 130,000 new drivers - a number that could balloon in ten years. There are several reasons for the shortage.

First of all there are large numbers of people retiring from the business - it can be physically brutal on a person. At the same time the industry seems to be little allure for the younger generation to enter the over-the-road trucking business. Meanwhile trucking companies are placing greater restrictions and setting higher expectations for new truck drivers.

Those with poor driving records, arrests for drugs or intoxication - or with other legal problems can no longer count on escaping into the trucking industry to make a living.

Federal regulations and high monetary awards to persons who were injured or have loved ones who were killed in a semi-truck accident are resulting in greater caution in the hiring practices of trucking companies.

The public can pay a heavy price for trucking companies that cut corners to make more money. Trucking regulations are designed to protect our families from 80,000 pound trucks that are poorly maintained or have in unqualified driver behind the wheel.

Semi Truck Technology

Sun, 25 Mar 2012 13:53:38 -0600

There is no argument that the trucking industry is VITAL to the economy of the United States. Be that as it may - that does not give them license to adhere to professional and personal standards of safety that extend to all drivers on the road.

Smart technologies for commercial motor vehicles are constantly being envisioned and prototyped for future safety developments in the industry. The ultimate goal is the secure and efficient delivery of goods from one point to another. Let us consider some of the more recent semi-truck safety devices currently on the 'drawing board'.

*Driver fatigue alertness technology - this is a monitoring device that will work 24 hours a day - 7 days a week. It is intended to monitor and warn as well as educate drive3rs when they have become too fatigued to continue driving their semi-truck safely.

*Safety belt technology to increase comfort and safety. Research shows that while seat belt use is over 90% in drivers and passengers of automobiles and personal vehicles but only about 55% of semi-truck drivers use their seat belts.

This is an alarming discrepancy that has caught the attention of researchers who have taken up the cause by taking the time to figure out the reasons for this - and finding solutions. The intention is to design a seatbelt exclusive to the needs of over the road truckers - although at this point there are no patents pending.

For more information visit the Federal Motor Carrier Safety Administration website.

Facebook and the Law

Wed, 21 Mar 2012 13:48:09 -0600

One unexpected offshoot of the social media craze is that Facebook and similar sites are now being 'harvested' for information that can be used in lawsuits - of many kinds. Consider the following.

*One popular use of 'evidence' gleaned from Facebook is that of underage drinking. Teens at private parties or on college campuses were (and continue to be) in the habit of taking pictures of themselves and others in various states of inebriation and posting them to their Facebook page. On numerous occasions since Facebook's inception student drinking has been 'found out' and offenders treated to various degrees of punishment.

Of course with the new privacy options on this social media site it is harder to uncover wrongdoing - but by no means impossible. In one case students 'set-up' police by advertising a drinking party that was raided by campus police - who found only cake and ice cream. Students - one, Police - zero - ah, for the days when our youth put this cleverness to good use!

*Recent rampages that resulted in property damage after a professional hockey team won the championship left a city thousands of dollars in deficit. In response, police took to Facebook to try to find pictures of people in action committing crimes - from arson to mayhem, theft to injury. While this may be the first time social media has been used in this way - I suspect it won't be the last.

Finally, a rash of cyber bullying has left several young people dead - and law enforcement on the 'war path' against this new type of crime.

In Houston personal injury cases the insurance defense lawyers now routinely seek Facebook identification in an effort to find information to discredit the victim.

Think twice before you post something - ramifications can be life-altering.

Trucking Business Projected For Growth

Fri, 16 Mar 2012 07:56:27 -0600

A quick perusal of the projected future of the trucking industry reveals varying viewpoints - some feel trucking remains the most viable form of transporting goods while others see disaster ahead. Let us consider just what it will need to do in order to remain profitable over the next decade.

*According to some experts one of the greatest challenges facing the trucking industry is its workforce. The spectrum is top-loaded with a significant number of truckers preparing for retirement. At the same time, the number of new truckers - basically untrained - is also high. What is needed is an honest projection of the numbers of truckers that can sustain the industry and serve it safely. This is important to trucking and the average driver on the road.

*Capture technology and incorporate it across all segments of the trucking industry - from the manufacturing of safer vehicles to the proficient movement of goods. Surprisingly, this particular segment of the economy has been slow to either explore the benefits of technology or embrace its use.

*Trucking companies have got to start thinking 'larger'. Partnerships and globalization opportunities are found in nearly every commercial and academic enterprise - almost to the exclusion of trucking.

*Finally, semi and other commercial trucks are very environmentally Unfriendly. With the number of trucks on the road projected to increase over the next decade it is imperative that they are designed to be less harmful to the environment - not more.

With the increase in fuel prices better technology for semi trucks is a welcome trend.

Trucking Terminology

Wed, 07 Mar 2012 07:54:16 -0600

Just like every other industry - the trucking business has a large number of terms (lingo) related strictly to their business. There are hundreds of them actually - and more than one site is devoted to providing the novice with the terminology and accompanying definitions specific to truck driving. I have included just a few for the edification of my readers.

*ATA: American Trucking Associations, Inc. -- serves the trucking industry through a national federation of 50 independent state trucking associations and the District of Columbia

*average gross revenue per loaded mile - is the average total payment received per mile traveled with a load

*cab -- compartment of a truck or tractor-trailer. It may take several forms including a cab-beside-engine motor or truck tractor motor: motor truck or truck tractor with the driver's compartment and controls located beside the engine or a cab-over-engine motor truck or truck tractor in which the motor truck or truck tractor has a substantial part of its engine located under the cab.

*classes of motor carriers: A Class I motor carrier has annual gross operating revenues of $10 million or more from motor carrier operations defined by ICC. A Class II motor carrier has annual gross operating revenues of $3 million to $9,999,999 from motor carrier operations and a
Class III motor carrier has annual gross operating revenues of less than $ 3 million from motor carrier operations.

If you or a loved one have been is a serious 18 wheeler accident in Texas and would like to speak with a Texas 18 wheeler accident attorney call the Baumgartner Law Firm for a no obligation consultation.

Drug Use By Truck Drivers is a Real Problem

Fri, 02 Mar 2012 07:48:26 -0600

Drug use in the trucking industry is rarely discussed in an open forum. However it is a serious problem nonetheless. Even as drunk driving continues to be a nagging problem for other drivers on the road alcohol abuse as a factor in commercial trucking accidents has been shown to be in significant decline thanks to strict monitoring and enforcement efforts. Today, alcohol is considered to be a factor in no more than three percent of semi-truck accidents.

On the other hand, drug use by rig drivers plays far too great a factor in commercial trucking accidents. Illegal drugs of choice include marijuana, methamphetamines and cocaine. Consider the following data from a report published the National Highway Transportation Safety Administration:

*45% of big-rig drivers who are stopped for reckless driving have marijuana in their system *12.5% of trucking accidents are caused by marijuana use
* 5% of all commercial truck drivers stopped for reckless driving have cocaine in their system.
* 75% of trucking drug testing sites failed to restrict access to items used to dilute drug test results
*It is not difficult to purchase agents that - when mixed with real urine specimens - prevent detection of drugs in the driver's system.

The two main reasons given by truck drivers for using drugs are: - to either keep them awake or to help them relax. Most will admit that the unrealistic demands placed on them to meet deadlines have caused them to turn to drugs.

Fed Ex Truck Accidents

Sat, 25 Feb 2012 08:13:43 -0600

Collisions with semi-trucks and other commercial vehicles are not relegated exclusively to highways or with individual drivers' cars and trucks. Eighteen wheelers and commercial vehicles have been known to collide with any number of other 'machines used for transport'. Fed Ex, UPS and other local delivery trucks also pose a risk to the public- particularly if they are in a hurry or not paying proper attention to the roadway.

Consider the following reports of truck accidents that have occurred only recently on Texas roadways and beyond.

*A fire truck that had responded to an accident on a Texas highway in December when it was struck by a semi-truck. The fire truck was parked in the middle of the highway and first-responders were working feverishly to rescue the victims of a vehicle crash when a semi-truck 'clipped' the back of the fire engine. Only minor damage was done to the hook and ladder but it demonstrates that semis become entangled with larger vehicles all the time! The engine sustained only minor injury - no people were hurt in the accident. But the driver of the semi was cited.

*Only several days ago a FedEx truck traveling in a Texas urban center got into an accident with a public bus when the former allegedly ran a red light. Multiple passengers on the bus sustained injuries of varying levels of severity.

According to one report - an individual was off-loaded through the window and transported on a stretcher to the hospital. While FedEx likes to portray itself as a company that employs only the most careful of drivers - in this case preliminary reports may appear to show fault with the Fed Ex Driver.

Given the size of the delivery trucks many people are injured every day in a delivery truck accident.

Houston Semi Truck Accidents

Sun, 19 Feb 2012 09:01:18 -0600

There seems to be as many causes of semi-truck accidents as there are collisions themselves. Over time, though, semi-truck accident reconstructionists have come to several conclusions that may be helpful for all drivers to be cognizant of while on the roads - whether you be in urban, rural or highway traffic.

*A commercial semi-truck may weigh up to 80,000 pounds while the average personal vehicle comes in at approximately 4,000 pounds depending on type and passenger capacity. It would seem immediately obvious from these statistics that the personal vehicle and its passengers are more likely to suffer extreme injury and damages than the larger 18-wheeler. This is a simple scientific fact.

*While personal vehicles may have the newer ABS braking systems, a semi-truck (or other commercial vehicle) may be equipped with any number of braking systems from S-cam air brakes that utilize air pressure, to anti-lock brake system (ABS) equipped tractors or even electronically controlled braking system (EBS) equipped trailers. Each of these types of braking systems produce distinctively different stopping experiences due to such factors as 'drag' on the vehicle.

*Unfortunately, the drivers of passenger vehicles are just as likely to be the cause of an accident between their car and a semi-truck as the rig driver - often because the average driver is unaware of some basic information related to semi-truck driving.

For instance, semi-trucks lack the same maneuverability of a passenger car meaning they cannot accelerate, steer or apply the brakes at as quick a rate as cars which makes it difficult to avoid collisions with aggressive or distracted drivers.

The best advice is to drive defensively around semi-trucks.

Greg Baumgartner is a semi truck accident attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a big rig accident lawyer call the Baumgartner firm.

Improper Parking By Truck Drivers Leads to Accidents

Mon, 13 Feb 2012 09:37:48 -0600

While many of us consider 'finding a parking spot' one of the nuisances of driving a vehicle - imagine how much more challenging that is for a semi-truck driver. The average driver may be trying to maneuver a ten thousand pound vehicle into place. A rig driver is responsible for safely manipulating up to an eighty thousand pound semi into a position that is out of the way of traffic.

As an 18 wheeler accident attorney I frequently see the consequences of a trucker violating the parking rules or in otherwise not using good judgment when parking a tractor-trailer.

In many municipalities semi-trucks are prohibited from parking on residential and city streets, driveways and parking lots. This is often true, as well, for the cab and trailer separately. In some cases semi-truck parking may be permitted during parts of the day but nighttime parking is prohibited. It should be noted that there are times and circumstances in which semi-trucks must travel through and park in city (and occasionally residential) areas. In that case the driver should familiarize him or herself with the restrictions and expectations related to parking.

With regard to highway parking - semi truck drivers are encouraged to pace their driving in a way that allows them to park at a truck or road stop. These places are designed to allow for wider turns, long periods of parking time and other amenities tailored to the needs of a semi-truck driver. Semi-truck drivers are have strict rules and are generally not permitted to pull onto a highway berm to park their rig or otherwise sit for any length of time. This poses a danger to everyone on the road.

Trucking Regulations in 2012

Thu, 09 Feb 2012 09:10:48 -0600

The year 2012 promises to be a 'big' one for trucking industry with regard to more stringent regulations being imposed all the way around - including upon the drivers, their vehicles and trucking companies. As an 18 wheeler accident lawyer I am an advocate for stricter regulations and better enforcement.

According to one source states that issue CDLs must adhere to all of the following expectations in regard to this licensure:

*Post medical examiner certificate information of the driver to the CDLIS within 10 business days

*Keep original or photocopy of drivers medical certificate if that driver is required to provide documentation of his/her physical qualifications for longer than three years beyond certificate issue date

*Update CDLIS within 10 calendar days with regard to medical variance information from the FMCSA including the driver's medical certification status as "not-certified" within 10 calendar days of it expiring or being rescinded

*With status change to 'non-certified', the state has 10 calendar days to notify the CDL holder and initiate procedures for downgrading the driver's license from CDL to non-CDL. This downgrade must be recorded within 60 days of becoming "non-certified".. The driver should be reclassified as "certified" once he/she provides a proper and current medical certificate.

Drivers are admonished to offer authentic and honest information only. Improved and increasingly stringent regulations are expected to improve safety and reduce semi truck accidents on the road.

Accident Reconstruction and Truck Accidents

Fri, 03 Feb 2012 13:15:03 -0600

Accident reconstruction as a profession has become increasingly sophisticated over the past few decades due to improved technology and the creation of various organizations that are charged with the oversight and investigation of collisions and/or disasters of all types. In my Houston personal injury practice I frequently use accident reconstruction experts to help analyze and present the case.

Vehicular accident reconstruction is a scientific process that involves the examination and analysis of motor vehicle collisions that ultimately result in professionals drawing conclusions as to the likely and probable cause and factors that contributed to the accident.

Many elements are taken into account. For instance, 'reconstructionists' employ such things as the laws of physics - including linear motion and kinetics - as well as engineering principles when recreating an accident scene. Today they are able to input information into computer software programs designed to support accident reconstruction investigation - thereby allowing for a more accurate analysis of all of the data.

Accident reconstruction is used most often in vehicular collisions that result in fatalities and wrongful death claims and/or serious personal injury cases. Courts and other relevant groups have begun to rely increasingly on the findings of those employed in this field. Information from their conclusions may be utilized to develop safer highways and even in the overall design of motor vehicles.

Those who work in the field of accident reconstruction must receive special training and/or have advanced skills. Typically, forensic engineers, law enforcement specialists or private consultants are those that have the expertise to carry out this work.

In some instances, particularly in wrongful death accidents which are investigated by DPS troopers an accident reconstruction may be done by the troopers and their training such that their own opinions regarding the cause of the accident may be admissible in a court of law.

The case law is split on whether an officer can testify as to the officer's opinion regarding the cause of an accident and the defining elements on whether the opinions may be admissible is the training of the officer in accident reconstruction and the actual work done with the scene.

If you have lost a loved one in an 18 wheeler accident or have been seriously injured you may want to speak to an 18 wheeler accident attorney regarding the potential for reconstruction of the specific accident.