Houston Truck Accident Lawyer Blog

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.

Picking Your Injury Lawyer

Sat, 28 Jan 2012 13:02:13 -0600

Most people list 'trust' and 'honesty' among the top qualifications they seek in a family physician or dentist. It should be no different when you decide on an attorney to handle your civil and/or criminal concerns. Let us take a moment to consider why you need to be comfortable with your Houston personal injury lawyer.

Often, if an individual requires the services of an attorney it is not for a circumstance that will only involve a single (or few) interaction (s) but is more likely to require multiple visits and conversations over what may transpire into months. In other words, the attorney-client affiliation is actually a 'relationship' that forms over time. Therefore, confidence and faith in the lawyer you have chosen to represent you in a legal matter is truly of the utmost importance. This is especially true with personal injury attorneys.

In addition to the reality that this is a person with whom you may develop an 'intimate' association - they may also find themselves inserted into the most private of your family matters before a case is brought to a close. The personal injury attorney you work with may have to delve into your finances, family history, personal documents and other information that a person has been trained to (or at least is inclined to) keep confidential.

Needless to say, if you are hesitant to be forthcoming with your attorney for any reason - then this professional may not be the right 'fit' for you.

Recent Texas 18 Wheeler Accidents

Sun, 15 Jan 2012 09:51:16 -0600

Semi-truck accidents that cause catastrophic injury and death occur nearly every day in and around Houston and across the state of Texas. What follows is a short litany of reports of vehicle collisions that occurred over the past week or two.

*On a clear Sunday morning a passenger vehicle collided with a semi-truck on a rural Texas road - leaving the driver of the car dead as a result. The investigation is still in its preliminary stages and anyone who was witness to the accident is asked to contact the authorities.

*A particularly heinous semi-truck accident last week led to the decapitation of a small truck driver as he passed under the turning rig on a Texas country road. In this case, the final determination of fault is still pending while accident reconstruction is underway. But it is difficult to imagine the emotional trauma incurred by surviving family and friends. Truck accident attorneys sometimes see this type of injury with 18-wheelers jackknifing across the roadway.

*Not all semi-truck accidents involve drivers and passengers in other vehicles. A man unloading a rig was pinned by a semi-truck while on the dock and died as a result. Preliminary reports say that there were no witnesses to the accident except the driver of the 18-wheeler - which may make getting to the truth of the accident difficult to discern. Loading accidents are much more common that one would expect, heavy cargo can be very dangerous if not loaded properly or if there is not enough manpower or proper equipment for the job.

Semi-trucks are dangerous vehicles and should be treated with a respectable caution when you are driving or otherwise in the vicinity of these big rigs because the sheer size of a tractor- trailer makes than dangerous.

Recent Houston Area Car Accidents

Tue, 10 Jan 2012 17:42:17 -0600

The last few days on public roadways in and around Houston are a testimony to the fact that 'safe driving' is a great concept in theory - but not always realized in actuality. Consider the following news items.

*A man who was confined to a wheelchair took a toddler with him for a 'walk' - only to be hit by a vehicle while in a crosswalk. The man was ejected and witnesses say he may have been thrown up to twenty feet before coming to rest - all the while holding the child safely within his grip - thereby saving the baby's life. The man, however, died as a result of the accident.

*The case of a car chase and attempted carjacking in Houston continues to unfold with new details being offered by law enforcement. A man led the officers on a harrowing chase through the city - reaching speeds of up to 110 mph. He was eventually tracked to his apartment where he confessed an explained that the reason he did not stop was that he did not want his car towed! For the record - his car was towed and he is now facing felony charges. Fortunately, no one was hurt.

*A woman from a Houston suburb stopped to help a stranded motorist and became a victim herself as a result. She was on her way home from her own birthday celebration when she pulled over to help a person with a flat tire and was struck by a suspected drunk driver and lost her life as a result.

The forgoing news reports show us that you never know when a serious or deadly car accident is in the cards. Sometimes bad things happen to good people.

Deadly Accidents in Texas

Sat, 07 Jan 2012 19:38:37 -0600

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.

Hit and Run Truck Accidents

Tue, 03 Jan 2012 19:30:27 -0600

Although it may seem implausible - hit and run semi-truck accidents occur much more regularly than one might think. Certainly after an accident it is more difficult for a rig to 'high-tail' it away from the scene of the crime than - let's say - a car. But it does happen nevertheless. Consider these following reports of incidents.

*A truck driver hit the back of an automobile being driven by an elderly female causing it to careen across the highway and into the path of oncoming traffic. The woman was killed and the trucker fled the scene. He (or she) has yet to be apprehended. The accident happened too quickly for bystanders to note any valuable information about the truck other than its color.

*A semi-truck driver in a northern state sideswiped another rig as it attempted to pass it on the road. The damaged semi began to leak diesel fuel and exploded within moments - destroying the truck and a section of the highway. The semi-truck driver who caused the accident fled the scene. He (or she) has yet to be apprehended - there were no witnesses other than the driver of the 18 wheeler that was destroyed. He, himself, suffered minor injuries.

Hit and run accidents are a bigger problem than most people realize. In one state alone, over the course of a single year, nearly 17,000 accidents were attributed to hit and run drivers. Unfortunately only a small number of these cases are ever solved.

Houston Accidents

Thu, 29 Dec 2011 19:54:04 -0600

Several unusual driving accidents have been in the Houston news lately.

*According to the female driver her brakes failed causing her to lose control of her car. It careened through the storefront of a business in a strip mall. Pictures show that it is completely inside the building! Fortunately, the store was unoccupied and no one was hurt - not even the driver who had actually been on her way to a nearby locale to get her hair done.

*Recently another driver lost control of his vehicle - and it ended up in a local and well known waterway. Emergency crews responded - and the only injuries were cuts and scrapes - and a bruised ego. It seems the driver was probably distracted by holiday errands. His wife will probably have something to say about this.

*A teen driver on her way to work ended up driving into the back of a delivery truck - in a delivery truck accident where the operator was busy sorting holiday packages to be dropped off at surrounding houses. The driver joked and called this a 'special delivery'. The teen, who had intended to drop off packages at the delivery company before arriving at her job - handed the mail to the driver who gladly accepted responsibility for posting and sending it.

Everyone is busy at this holiday time - which is reason enough to stay focused on your driving until you reach your destination safely. THEN you can get into the hustle and bustle of the season.

Greg Baumgartner is a semi truck accident attorney and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with an 18 wheeler accident attorney call the Baumgartner law firm at toll free at 1-866-758-4529.

Causes of Fatal Auto Accidents

Thu, 22 Dec 2011 19:08:41 -0600

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.

Parked Trucks Cause Accidents

Mon, 19 Dec 2011 09:45:26 -0600

If improperly loaded trucks pose a hazard to the driving public - one can be sure that so, too, does an improperly parked truck. Now, there is no question that truck drivers are usually faced with a dilemma in most parking situations. In city driving - there is usually little room to turn or maneuver and few parking areas allotted to hold a vehicle of such massive size and girth. Highway driving is equally problematic.

If a semi-truck driver suddenly needs to pull off the road - it requires ample space for them to get up to speed again before pulling back onto the road. Of course, it is true that over-the-road or long-distance truckers are usually able to find a place to park either short or long term if they need to grab a bite to eat or get some sleep (most are equipped with sleeping berths).

Unfortunately, even though there are ordinances that govern where a truck can stop and park - often truck drivers overlook these rules in the name of convenience. When this happens -accidents that result from improperly parked trucks are very common - and many have resulted in catastrophic injuries or even death.

Recently, reports indicate a UPS driver double parked his vehicle on a busy city street to drop off a package. In the moments it took for him to exit the truck and return, a teenager rear-ended the delivery vehicle because he did not realize it was stopped. The young man suffered extensive spinal injuries and is still not walking.

In another incident, a semi-truck driver pulled off a freeway ramp to get a few hours of shut-eye. An older man on his way to work failed to see the truck and sideswiped it - flipping his own vehicle. He died at the scene.

If you have questions about a truck accident and would like to speak with a truck accident attorney about your rights and options call the Texas truck accident attorneys at the Baumgartner Law Firm for a no obligation consultation.

Houston Area Loading Accidents

Wed, 14 Dec 2011 09:33:42 -0600

The truck driving industry is fraught with dangers and problems compounded by lower profit margins and greater competition. Poorly maintained equipment, unprofessional drivers and questionable industry tactics are but a few of the challenges that have the potential to impact the driving public at large.

In addition, an often hidden hazard in the trucking industry is an improperly loaded truck. In these instances, cargo has a tendency to shift and this can adversely affect the trajectory of a tractor trailer causing a number of scenarios.

For instance, in one case improperly loaded material shifted when a truck took a highway curve too quickly and the tractor trailer overturned. The driver was thrown from the vehicle and later died from injuries he sustained. The driver was not responsible for loading the material on the truck - and the accident remains under investigation while blame can be determined.

Recently, the Baumgartner Law Firm handled a semi truck accident case where a big rig rolled over and a passenger was seriously injured, in the case we sued both the driver and the company who loaded the semi truck.

Another example of an improperly loaded truck is one that has been overloaded. An overloaded truck can cause the tires to burst, the vehicle to roll over, difficulty in bringing the truck to a stop or causing the brakes to fail altogether, and jackknifing. Too, an overloaded truck may not be able to maneuver up a steep incline.

As you can tell, an improperly loaded truck - one that is under or overloaded or one in which the load has not been secured correctly - can lead to deadly accidents. This is just one more reason to give semi-trucks a lot of room on the open road.

Tanker Truck Accidents

Sat, 10 Dec 2011 08:44:01 -0600

Tanker trucks are a specific type of semi-truck designed to carry liquefied loads, gases or dry bulk cargo. Because this encompasses such a wide variety of products tankers take a variety of forms.

Tanker trucks are actually prone to roll over accidents for several reasons. First, the design of the carrier makes it more likely to roll in extreme weight shifts. Then, if it does roll, it has a tendency to roll multiple times (like a ball) before coming to rest.

Tankers are also more difficult to stop in certain circumstances and behave very differently when loaded than when empty. Truckers who drive tankers must be aware of the unique ways in which this vehicle behaves under different circumstances before getting behind the wheel and taking to the open road.

Unfortunately, other causes of tanker truck accidents are similar to that of fellow semi-truck drivers. Driver fatigue and inattention are two reasons for serious truck accidents. A poorly maintained vehicle or inexperience can also lead to injury and death of the truck driver or other innocent drivers and passengers on the road.

Finally, tankers are usually transporting flammable or toxic materials that make them an even greater danger and more reason to travel cautiously - a warning to all those on the road. Tanker trucks in particular are the cause of several accidents a week in and around Houston and the country. Some are deadly - all are unsettling and even the truck accident without injury can have huge costs in cleanup and traffic delay.

Stopping Distance For 18-Wheelers

Mon, 21 Nov 2011 18:39:24 -0600

The National Highway Transportation Safety Administration (NHTSA) offers a wealth of research on all things transportation related. One study provides the following information on the topic of braking distances for trucks of various weights. While this blog will only provide brief highlights - you may visit www.nhtsa.gov for further information.

Current Stopping Distance Requirements for Medium and Heavy Duty Vehicles
Vehicle Type:
Tractor- trailer-Stopping Distance from 60 mph was a whopping 335 feet.
These numbers are not new and have been consistent for may years. However, with the advances in technology we should expect better braking from commercial vehicles.

The purpose of the research was to validate current stopping capabilities for vehicles and using these figures as a starting point for improving expectations. The following suggestions are currently under consideration:

*Substantially shorten the required stopping distances for ALL vehicles - buses, automobiles, semi-trucks and tractor trailers from their current abilities.

*Improve heavy duty brake systems for semi-trucks and tractor trailers AND increase brake retardation force.

The research study was presented recently by two NHTSA project engineers.

Trucking Companies Duty to Inspect and Maintain Rigs

Mon, 14 Nov 2011 11:48:43 -0600

The duty to inspect, maintain and repair semi trucks in the motor carriers fleet is codified in part 396 of the Federal Motor Carrier Safety Regulations.

396.1 provides that: "every motor carrier, its officers, drivers, agents, representatives and employees directly concerned with the inspection or maintenance of motor vehicles shall comply and be conversant with the rules". What this is saying is that the trucking company must ensure that its employees not only follow the rules but also know the rules with respect to maintaining and repairing trucks.

Further, section 396.3 provides: "every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles subject to its control".
The regulation goes on to provide that parts and accessories shall be in safe in proper operating condition at all times.

That only does part 396 specify specific actions that must be taken to make sure that big rigs are safe to be on the roadway but also and equally important document the condition of the vehicle with appropriate paperwork.

Many truck accidents in Texas involve commercial vehicles that when subjected to an impartial inspection reveals the truck was being operated in an unsafe condition at the time of the accident.

Sometimes the condition of the vehicle can be the specific cause of the accident.

If you are loved one has been involved in a serious 18 wheeler accident and would like to speak with an experienced 18 wheeler accident attorney in Houston, contact the Baumgartner law firm at 281-587-1111 or fill out the contact us form on this website.

Multiple Fatality Truck Accident

Wed, 09 Nov 2011 14:48:00 -0600

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

100,000 Truck Accident Injuries Each Year

Thu, 03 Nov 2011 12:08:55 -0600

As a semi-truck accident lawyer - data is an integral part of my practice. What follows are some vital statistics that should be of interest to consumers.

*The average weight of a semi-truck is 80,000 pounds. That's 40,000 tons and in comparison to the average weight of a car coming in at 5 or 6 thousand pounds it is easy to see that major injuries are usually the result of semi-truck/automobile accidents.

*Statistics show that an automobile traveling at 60 mph in good weather and decent road conditions actually covers 88 feet for each second of forward motion. That translates to nearly a third of a football field each time you count to 'one'.

At that rate it takes the car nearly 300 feet or, conversely, no less than 3 seconds to come to a full stop. At the same time and in the same conditions it takes a semi-truck nearly twice as long to come to a complete stop. Even if a semi appears to be moving at a slower pace - their ability to react to a sudden change in the traffic pattern is negligible at best.

*In all, there are nearly 5200 large truck fatalities annually in the United States and almost 100,000 injuries as well. Moreover, there are an additional 140,000 truck accidents each year that do not result in fatalities.

Travel at a safe distance around semi-trucks and be cognizant of their ability to cause injury and death to unsuspecting drivers - and sometimes through no fault of their own.