Houston Truck Accident Lawyer Blog

Drinking Truck Drivers- a Small but Deadly Number

Tue, 31 Aug 2010 08:51:10 -0600

Drunk driving runs the gamut of motorcyclists, motorists, pedestrians and bicyclists. Examples of injuries and fatalities when drinking and motoring in any way are mixed. But the most likely to be deadly is the trucker who consumes alcohol before climbing behind the wheel of his or her rig to hit the open road.

One may wonder at the frequency of just such an event. Let us consider the statistics.
According to studies done by the Insurance Institute of Highway Safety semi truck drivers are the least likely among all types of drivers to drink and drive.

In a recent year they found that only 4% of all 18-wheeler truck driver deaths had a blood alcohol content level that registered high enough to be considered legally intoxicated.

In statistics compiled by police forces around the country - random stops of drivers over the course of a year revealed that only 0.2% of semi truck drivers tested positive for alcohol (not necessarily to the point of intoxication) while 5% tested positive for illicit drugs including (but not limited to) marijuana and cocaine.

Undoubtedly, strict federal regulations regarding alcohol consumption and semi truck driving play a role in minimizing the problem. For instance, federal law calls for drug testing of drivers before an offer of employment.

It is mandatory to get a blood alcohol content level of any semi truck driver who is involved in a crash as well as random testing in general. Drivers found with ANY alcohol content in their blood systems are taken out of service immediately. A BAC of 0.4 or higher causes the driver to be disqualified from applying for a CDL.

Occasionally it's heartening to see our federal tax dollars at work.

100 People a Day Are Lost in Car Accidents

Sat, 28 Aug 2010 21:02:45 -0600

Driving on Houston roadways can occasionally be likened to inserting yourself in the middle of a free-for-all. Every day one can count on the reality that several accidents will occur around town - some serious, some fatal - and often for the two simple reasons that a driver is either intoxicated or distracted.

Consider the circumstances of the following wrecks that were reported in a single 24 hour period.

A 36 year old woman was charged with vehicular assault and a DUI after crashing into a man on a motorcycle and injuring him. She allegedly failed to yield the right of way to the biker at a four way stop and he subsequently was taken to the hospital in critical condition. She remains in jail in lieu of bond.

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A late night high-impact car accident claims the life of one man in Harris County. The details of the incident are yet unknown and will be made available when possible.
Widen your search to include neighboring states and the story repeats itself with eerie similarity.

Two people died and four people were injured in a wreck early Sunday morning on Startown Road in Catawba County. Several news outlets report that a pickup truck crossed the center line and struck another truck head-on, quoting the N.C. Highway Patrol.

It is a fact that an average of no less than 100 people a day - or 2 persons per state - lose their lives in traffic accidents. If you have been involved in a traffic accident seek the guidance of a professional and experienced Houston truck accident lawyer to ensure your rights are safeguarded.

Jackknife Truck Accidents Kill Thousands Each Year

Fri, 27 Aug 2010 07:05:59 -0600

Semi trucks serve a valuable service to the overall economy of this country but their tendency towards certain types of accidents cannot be overlooked. The most common of these is jackknifing which can be traced to thousands of fatalities each year.

A semi truck will often jackknife if they are forced to hit their brakes suddenly causing the vehicle to go into a skid or slide. As the driver loses control, the trailer of the truck has a tendency to slide around at a 90 degree angle to the cab.

A second type of jackknifing may occur when a semi truck is pulling two trailers and one jackknifes as the big rig attempts to stop. Most often this happens in inclement weather but it can also be the result of distracted or intoxicated driving.

This type of incident is regularly the cause of multiple car pile-ups. Consider the following headlines.

A semi truck driver lost control of his rig as it jackknifed in foggy conditions sending it careening across the highway. The truck hit a concrete culvert and trees and then burst into flames. The driver was killed. A second trailer detached and was found standing intact near the site of the crash.

In another incident a semi truck driver lost control of the vehicle and when the trailer jackknifed it caused the cab of the vehicle to hit a concrete abutment. The accident caused the gas tanks to erupt and the entire vehicle was quickly engulfed in flames. The driver was pronounced dead at the scene.

If you share the road with semi trucks always drive with caution and give yourself lots of stopping space between your vehicle and theirs. It only takes a moment for a semi to lose control.

Houston Accident Survivor Kills Herself

Thu, 26 Aug 2010 06:57:14 -0600

There is more than enough tragedy to go around as a result of a drunk driving accident in Houston several weeks ago. An evening that began as a birthday celebration ended with horrific consequences.

According to the official police report four girls were on their way home when the driver of another vehicle ran a red light and crashed into the Excursion - ejecting two girls from the vehicle who died at the scene. A third female died at the hospital later that night. One young lady, survived the accident.

The blood alcohol content of the driver indicated that he was legally intoxicated.

The young girl who survived killed herself with a shotgun wound to her chest this week.

Experts are now pointing out that a lack of access to counseling support after the accident is directly correlated to this young lady's suicide - and who, in hind sight, could disagree?

Her struggle with survivor's guilt was well documented on her computer. Her overwhelming depression may have masked suicidal tendencies that professional counselors are trained to identify and treat. Professionals point out that those who choose to end their own lives usually do not do so because of a desire to end their own life - but more often to end the emotional pain from which they suffer.

There are a number of counseling services in the greater Houston area whose services are free to the community. These include Family Services of Greater Houston and the Texas Department of State Health Services. If you suspect someone is considering suicide do not hesitate to contact these organizations for support.

This terrible tragedy is a warning to all of us that signs of depression or need for help may not be that easy to recognize.

Hit and Run is a Real Problem for Houston

Tue, 24 Aug 2010 06:35:02 -0600

Nearly 11% of all vehicle accidents fall under the heading of 'hit and run' - and a significant number of these are never solved. This means that after the crash one party (usually the perpetrator) fails to stop and wait for an officer to come to the scene and make an official report.

It also means that one party does not have access to any of the hit and run perpetrator's pertinent information including driver's license and insurance. In addition, it is important to note that drivers are required to see to the needs of the victims after an accident - which may simply involve contacting emergency personnel and/or waiting for proper help to arrive.

The incidence of hit and run accidents is on the increase in Texas and across the country. Hit and run accidents are a real problem in Houston.

Research has found that there is a pattern in the reasons for people fleeing the scene. Common excuses include driving while intoxicated, lack of insurance, unlicensed drivers, realization of guilt and consequences and youthfulness.

Although every state is responsible for its own 'hit and run' legislation, each considers it to be a serious crime. Several factors are deemed important in assigning punishment to 'hit and run' offenders.

This includes the severity of the accident and if the perpetrator reverses their thinking and turns him or herself into authorities before they are apprehended. 'Hit and run' violators may be required to compensate their victims and be incarcerated for a set period of time.

If you have knowingly left the scene of an automobile accident you should contact an attorney for proper legal advice. Although difficult, it is best to do the right thing and inform authorities of your role in the accident. If you have information on a hit and run accident contact authorities.

Seek Professional Help When Struggling with a Wrongful Death

Fri, 20 Aug 2010 12:14:01 -0600

Until there are no more deaths that can be attributed to drunk driving then it is a topic that will be revisited with regularity in this blog. The ugly truth is that more than half of the 45-50,000 highway fatalities each year are caused by drunk drivers.

That translates to 25,000 people in the United States alone that would be alive if it weren't for the negligence - more aptly named stupidity - of those who daily dare to gamble the lives of others with their foolhardiness.

I take to my soapbox on this topic again because it appears the pain and hurt of drunk driving resonates and ripples like a stone to a pond - and knows no bounds.

Today's headlines state that a young girl of 14 who survived a drunk driving accident only a few weeks past - that meanwhile claimed the lives of her sister and two friends - took her own life out of despair.

This poor child is as much a victim of drunk driving as those whose lives were lost several weeks ago. Remember yourself at fourteen and the flood of emotions that accompanied even the slightest of experiences was often magnified beyond proportion. Now try to imagine coping and coming.

I have seen this same situation in the past when a daughter lost her mother in a truck accident. The strain was to much too much to bear and everyone wishes that we would have seen it coming.

When a loved one is lost, it is an extremely difficult situation to deal with, particularly when it happens suddenly in an accident. If you have lost a loved one please seek professional help, and the support of family and friends.

Houston Alcohol Related Accidents

Fri, 20 Aug 2010 07:23:27 -0600

Houston has some of the deadliest roadways in the country. Unfortunately, many are alcohol-related and, therefore, easily preventable.

For instance, just this past week a man in his late twenties was driving at a high rate of speed on the Gulf Freeway when he clipped a Toyota truck causing that driver to lose control and wreck. To be exact, according to reports, the vehicle rolled several times before coming to land on the shoulder of the highway. The Toyota's passenger was not wearing a seat belt and was thrown from the truck. He died en route to the hospital. The driver expired on the scene.

The drunk driver is being held on a $60,000 bond and faces two counts of vehicular manslaughter. In legal terms the young man is being charged with the killing of another human - less culpable than actual murder. Unintended or not - legally known as malice aforethought - there is no cure for death and the driver is accountable both criminally and civilly.

The lives of all family members will be changed forever. Loved ones who died will be mourned and missed. The driver will most probably face jail time and financial damage from the criminal process from which he (and a spouse, children or other family members) may never recover - all of this in the name of drowning one's sorrows in a glass of alcohol and then opting to drive while under the influence.

The families of drunk driver victims often suffer a double whammy, they lose a loved one and the drunk driver have very little insurance, and it is also devastating to the family financially.

The another thing about drunk driving is that often the drunk driver doesn't die in an accident but takes the innocent lives of others. This has nothing to do with providence and more to do with the human body's ability to go limp in an accident when intoxicated thereby minimizing injuries.

Don't drink and drive.

Car Accidents Can Be Varied

Tue, 17 Aug 2010 16:02:17 -0600

Motor vehicle collisions are classified as head-on collisions, rollovers, rear-end collisions, side-impact collisions, and run-off the road collisions. In addition, they are further defined as single or multi-car collisions. Automobiles, SUVS, light and heavy trucks can hit each other, animal, buildings, debris or pedestrians.

Head-on collisions are considered the most dangerous with the greatest likelihood of fatalities. They happen most commonly on narrow, two lane roads or in the case of opposing traffic patterns with a lack of necessary median strips or other crash-prevention barriers.

Intersections also hold great potential for accidents - head-on or side impact being the most common.

Accidents between wild animals and vehicles are the most difficult - if not impossible - to prevent. They happen often in the hill country of Texas due to the large population of white tail deer and human intervention very utterly futile to prevent such accidents.

While deer and vehicle collisions are the most common, drivers have been known to hit everything from cows to geese. At the risk of sounding inhumane, it is often best to hit the brakes and then hit the animal instead of swerving to avoid it and taking a chance of losing control of the vehicle.

The phenomenon of vehicle-structure accidents is most often the result of a driver losing control of their vehicle for any number of reasons. These types of accidents hold the added dimension of property damage costs beyond vehicle repairs and can be very expensive to correct.

Vehicle-pedestrian accidents tend to be more harmful to the 'walker' than the vehicle. Thouands of pedestrians die each year at the hand of motorists and tens of thousands suffer debilitating injuries.

While the pedestrian holds some level of responsibility for their own safety the driver must always be alert for those who are traveling on foot.

Finally, debris in a roadway also leads to accidents. Everything from tire treads to mattresses has been dropped in the middle of the road. Drivers should always be alert for obstructions.

Seek Help When Struggling With a Wrongful Death

Fri, 13 Aug 2010 14:50:58 -0600

The fatality of a loved one from an automobile or semi truck accident can be particularly debilitating to the families for several reasons. First, vehicle collisions are particularly heinous and it is very difficult to prevent family members from envisioning and carrying memories of a loved one's final moments.

In addition, the immediacy of a vehicle fatality can place a family in financial turmoil as well. This may be because of the loss of income from the family breadwinner or the need to cover costly funeral expenses.

It is recommended that those who have experienced the loss of a family member turn to a support system that includes family and friends but seek professional counseling as well.

There is a well documented grief process that counselors have been trained to monitor. They are also trained in recognizing and treating signs of long term depression and even thoughts of suicide that may appear as victim's go through the stages of grief.

These include shock and denial, pain and guilt, anger and bargaining, depression (reflection and loneliness), an upward turn, reconstruction and working through, and, finally, acceptance and hope.

In the first, people often deny the reality of the loss of their loved one. Shock may further insulate their emotions. The stage may last for weeks.

Shock is replaced with excruciating emotional pain and one is often wracked with guilt, remorse and helplessness. Anger and bargaining follow. This is a particularly dangerous stage because one may place blame on another loved one causing irreparable damage. With proper support the sufferer can come out on the other side of depression to acceptance and renewed hope.

The death of a loved one will remain with you always but it important to find a way forward through it for the sake of those who care about you.

A Wrecker Driver Killed in Houston Truck Accident

Wed, 11 Aug 2010 19:06:47 -0600

In another Houston highway fatality, a tow truck driver was killed today in a truck accident. According to police, the driver was in a hurry to beat another tow truck to the scene of a car accident to tow the vehicles.

Reports indicate that 2 wrecker drivers were racing down Jensen Road early this morning in an effort to get to the scene of another wreck first.

On reaching an intersection one of the wreckers swerved to miss a car at a light and sideswiped it, losing control of the truck and hitting two polls and rolling over. The truck driver died at the scene of the accident.

Reports indicate that the other tow truck did not stop at the scene of the accident. Fortunately, the driver of the car that was sideswiped sustained only minor injuries.

In a bizarre twist, the driver of the car who police said was not at fault for the fatal truck accident was over the limit for blood alcohol and was arrested for DWI, according to reports.

This is not the first reported accident relating to wreckers trying to get to the scene of an accident to secure the tow. My heart goes out to the family members of the truck driver who perished in the accident.

This accident shows that even large vehicles are in jeopardy on the highways and

New Technology to Prevent 18-Wheeler Rollovers

Mon, 09 Aug 2010 14:24:26 -0600

The national Highway transportation safety administration announced recently that stability control systems could prevent truck rollover accidents and save multiple lives every year.

The technology in effect can override the truck driver and slowed the vehicle when the system senses that the truck drivers going too fast. The University of Michigan conducted testing and the conclusion was that almost 4400 injuries annually could be prevented.

According to the NHTSA, many truck drivers do not have any indication that they are going to roll over immediately before the accident. Particularly at risk are large trucks that are heavier in the cargo area. Tanker trucks carrying heavy liquid are the most likely candidates for a rollover accident.

The study found that over 50% of tanker truck rollovers involves taking a curve at his speed faster than the truck can allow. The new system is designed to prevent such accidents.

The stability control systems work by using sensors that tell an onboard computer when weight is shifting or about to shift. The computers then apply braking too slow the truck down and avoid the rollover accident.

According to industry sources trucking companies have not accepted the new technology or at least have been slow to adopt the system. It is likely that until such systems are required many truck companies will not go to the expense of implementing the new technology.

Trucking is a Barometer for our Economy

Sat, 07 Aug 2010 10:53:57 -0600

Figures show revenue estimates produced by the trucking industry are 255.5 billion a year. Of this figure 'for hire' or 'common carriers trucking' companies generated revenue estimated at about 100 billion.

Truckers carry more cargo that air carriers.

Private truck fleets generated revenue estimated at 121 billion. Fleet operating ratio is 95.2, which means for every dollar in revenue the trucking company has a cost of 95.2 cents leaving them with a meager profit of about a nickel per dollar.

The truck driver as an employees or "independent contractor driver" makes about 30.3 cents per mile with an income estimate of 32-50k.

It costs about 40 cents per mile to operate a semi or eighty bucks per hour according to reliable estimates.

Trucks consume over 50 billion gallons of fuel hauling goods each year.

These stats further confirm the contention that the trucking industry is completely entwined in the American economy and I offer that were it to falter or meet its demise would be to strike a catastrophic blow for the US.

The Baumgartner law firm is deeply entrenched in truck accident litigation and we see the results of 18-wheeler accidents up close and personal. Semi truck accidents account for anywhere from 9% to 12% of traffic deaths annually across the country.

These scenes and their aftermath are heart wrenching and haunting. But it will not prevent truckers from hitting the road so what must be done is to continue our quest to prevent truck accidents instead.

Technology Makes Truck Driving Easier

Thu, 05 Aug 2010 09:42:19 -0600

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

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

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

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

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

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

50,000 fatal vehicles accidents annually

Tue, 03 Aug 2010 17:49:33 -0600

One resource or another places the number of vehicle deaths annually at anywhere between 43,000 and 50,000. Let's go with the higher number because it's easier to visualize - and it means there are a thousand deaths per state in this country each year. Divided by 365 days and that works out to be about 3 deaths per day per state. (Of course these are estimates -states with smaller populations have smaller death statistics whereas as recently as 2007 there were 3300 fatalities in Texas and a large share of those in or around Houston).

Well here we are in August and if the statistics are even remotely accurate there should have been around 2000 deaths to date in Texas from car and truck accidents.

Try as I might to get this information - it eludes me - in part because statistics are compiled annually.

Never fear, though, a review of the daily news offers information on the latest accidents and fatalities. Truly, you can't open a newspaper, turn on a television or radio station or surf the net in any way without being confronted by the stark reality of vehicle collisions.

I stumbled on a series of 25 amateur videos posted on You Tube that depicted truck accidents in all their horror. Would I suggest you watch them? Only if they serve as a cautionary reminder of how quickly the roads can become deadly.

I would however, recommend taking your teenage children to an emergency room sometime before they get their license so they can see the realties of unsafe driving in as much graphic detail as you can stomach.

Driving While Drugged- Part 2

Mon, 02 Aug 2010 10:05:45 -0600

Just like drinking and driving, driving under the influence of drugs puts you at risk.

In the press we read about celebrities who get arrested for driving impaired, Nichole Ritchie, George Michaels just to name a few, and many more for allegations of drinking and driving.

Recently Lindsay Lohan's ongoing legal problems seem to be getting a lot of press coverage.

As we all know the problem with drinking and driving, impaired motor skills and judgment are also the problem with drugged driving. However, the impairment from drug use differs depending on the drug being used or abused.

While studies show the adverse effects of marijuana on driving increase with the level of THC (the active agent in marijuana) it is clear that attentiveness and perception of time and speed is most affected.

Prescription abuse also has been in the press recently with doctors operating pain clinics being charged for distributing narcotic like pain medication in large quantities. Each of those users may very well drive a car on Houston highways and put you or your family at risk.

Dangerous driving under drug influence can also occur by accident, in that a person on legitimate prescription medication gets in their car and drives because they did not read the warning on the prescription label or they didn't heed such warning.

If you are taking medication which indicates do not operate machinery- do not drive. If you are a passenger be very careful who you ride with- there are very few second chances when it comes to serious car accidents.