Texas Truck Accident Lawyer Blog

New Driver Fatigue Rule Enacted

Fri, 23 Dec 2011 10:00:19 -0600

The U.S. Transportation Department has just revised the hours-of-service requirements to cut down on fatigued 18 wheeler truck drivers.

The new rule reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period.

In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. .

The regulation retains the current 11-hour daily driving limit.

Truck drivers who maximize their weekly work hours must now take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m.

Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.

Commercial truck drivers and companies must comply with the rule by July 1, 2013.

Here's the math:

(11 hours) Monday 12a-11a

(11 hours) Monday to Tuesday 9p-8a

(11 hours) Tuesday to Wednesday 6p-5a

(11 hours) Wednesday to Thursday 3p-2a

(34 hour reset) Thursday 2a to Friday 12p

(11 hours) Friday 12p to 11p

(11 hours) Saturday 9a to 10p

(11 hours) Sunday 8a to 9p

(11 hours) Monday 7a to 6p

18 Wheelers Should Be Stopped From Driving And Using Cell Phones: Dallas Morning News Article

Thu, 15 Dec 2011 09:56:37 -0600

Here is an excellent column in today's Dallas Morning News that I wanted to share. Congratulations to my friend, Dallas lawyer Todd Clement, for his hard work fighting to stop truckers from driving while using cell phones and texting.

I just settled a large case where an 18 wheeler crashed into my client's vehicle which was at a complete stop on an interstate, because the trucker was on his cell phone and not paying attention to the road conditions ahead of him. This is a picture of her SUV.

by Steve Blow

It was more like an explosion than a collision. The work truck's cruise control was set at 71 miles an hour and the driver never touched the brake.

A car ahead of him was stopped in the highway, waiting to make a left turn. A 30-year-old woman and her 82-year-old grandmother were killed in an instant.

"The driver said, 'I never saw them.' And though he would dispute it later, in the aftermath of the accident, he told an EMS driver that he was texting prior to the wreck," said Dallas lawyer Todd Clement.

Clement represented the family of the women killed last year outside Sherman. He won a confidential settlement for them from the other driver's company. And Clement has been on a national campaign ever since to ban cellphone use in moving vehicles.

"This case affected me more than any other in my life," the 49-year-old lawyer said. "A 3-year-old and a 9-year-old lost their mom. A husband lost his wife of 62 years and had to go into a nursing home immediately after the accident."

On Tuesday, the National Transportation Safety Board unanimously recommended that states outlaw cellphone use while driving. And Clement supports that move. But he travels the country urging a step that would have a huge and much more immediate impact.

"Businesses have to ban this activity. That's the only way they can protect themselves," he said.

That goes against the tide, of course. More and more of us use our vehicles as mobile offices. The driver who hit Clement's clients worked for Cable ONE, a major provider of cable, phone and Internet service. He drove a pickup owned by the company.

But whether involving a company vehicle or not, the law is clear that a business is liable when an employee on the job causes an accident, Clement said. And cellphone use not only makes a crash far more likely, it also increases the likelihood of being found at fault, he said.

And this is an area where juries seem especially eager to issue "send-a-message verdicts," he said -- turning their displeasure over cellphones into huge monetary awards.

A 2009 Virginia Tech study concluded that cellphone users are at least six times more likely to be involved in a fatal crash.

A Texas Transportation Institute study released in October found that texting drivers were 11 times more likely to miss visual cues.

New Sleep Apnea Rules Could Curb Collisions

Mon, 12 Dec 2011 11:58:21 -0600

The FMCSA's Motor Carrier Safety Advisory Committee and Medical
Review Board again met last week in Washington, D. C. and issued new guidelines which -- in enacted -- might prevent a few 18 wheeler drivers who suffer from sleep apnea from driving.

The panel of doctors found that "Untreated sleep apnea causes excessive daytime sleepiness, which impairs judgment, causes attention deficits, slows reaction times, and decreases alertness ... and greatly increases a driver's risk for being involved in a fatigue-related motor vehicle crash."

Really?

All drivers with a BMI over 35 might have to be tested to determine whether they suffer from sleep apnea. Or might not have to. It would be up to the examiner. And the final recommendations won't be ready until March, and it is not clear if they will ever be adopted. This process has been going on for 30 years.

A BMI of 35 would include a 5 foot 9 inch male who weighs 237 pounds. One half of commercial truck drivers have a BMI over 30.

The crash risk for a person with sleep apnea is 242 percent greater than a person without the disorder, said Charles Czeisler, professor of sleep medicine at Harvard Medical School.

I have handled several cases involving drivers who we believe had fallen asleep driving tractor trailers, although that has been notoriously hard to prove in the past. I just settled one where a commercial trucker, whose BMI was 36, rear ended my client's vehicle on Interstate 35, seriously hurting her and other drivers. And in another I-35 case, a severely overweight, older driver drove onto the shoulder and crashed into a parked rig that my client was underneath as he was about to have it towed away, killing him.

AC -- need link to Walters case
The FMCSA reports that 1/3 of truck drivers suffer from this condition and the trucking industry recognizes that a driver with a BMI over 30 probably has it.

The Facts About Sleep Apnea and Commercial Drivers (from the FMCSA):Commercial drivers are at an increased risk of having sleep apnea. According to a Federal Motor Carrier Safety Administration study, almost one-third of commercial drivers have some degree of sleep apnea.

Untreated sleep apnea causes excessive daytime sleepiness, which impairs judgment, causes attention deficits, slows reaction times, and decreases alertness.
Untreated sleep apnea greatly increases a driver's risk for being involved in a fatigue-related motor vehicle crash.

Sleep apnea is a highly treatable disorder. Drivers who are treated should be able to do their job as safely as those who do not have sleep apnea.

Risk Factors for Sleep Apnea Sleep apnea occurs in all age groups and both sexes, but there are a number of factors that may put you at higher risk:

A family history of sleep apnea
Having a small upper airway
Being overweight
Having a recessed chin, small jaw, or a large overbite
A large neck size (17 inches or greater for men, 16 inches or greater for women)
Smoking and alcohol use
Being age 40 or older
Ethnicity

Symptoms of Sleep Apnea

Loud snoring
Morning headaches and nausea
Gasping or choking while sleeping
Loss of sex drive/impotence
Excessive daytime sleepiness
Irritability and/or feelings of depression
Disturbed sleep
Concentration and memory problems
Frequent nighttime urination

Diagnosing Sleep Apnea

In order to diagnose sleep apnea, your doctor will probably send you to a sleep disorders center for testing. You may be asked to spend a night or two at the center, where experts will monitor your sleep. A sleep study test (polysomnography) will determine if you have sleep apnea and how severe it is. If you are diagnosed with sleep apnea, you may benefit from both lifestyle changes and specific medical treatment.

Lifestyle Changes

Lose weight -- Overweight persons can help treat their sleep apnea with even moderate weight loss. For instance, a 200-pound man can lose 20 pounds and greatly reduce the number of breathing pauses.

Avoid alcohol and sleeping pills -- Both alcohol and sleeping pills slow down breathing and make sleep apnea symptoms worse.

Sleep on your side or stomach -- Some people suffer from sleep apnea only when lying on their backs. Try using pillows to avoid sleeping on your back.

Quit smoking -- Cigarette smoking increases both the risk and the severity of sleep apnea, by causing swelling and excess mucus in the airways and by damaging the lungs.
Medical Treatment

Continuous positive airway pressure (CPAP) -- This is a highly effective form of treatment. CPAP treatment involves wearing a mask over the nose during sleep while gentle air pressure from a blower prevents the throat from collapsing during sleep. A CPAP device is portable, so you can take it on the road.

Oral appliances -- Some sleep apnea patients are helped by devices that open the airway by bringing the lower jaw or tongue forward.

Surgery -- Some patients may choose surgery for their sleep apnea. Although several procedures are used to increase the size of the airway, none of them are completely successful in all patients or without risks. More than one procedure may need to be tried before the patient realizes any benefits.

18 Wheeler Drivers Cell Phone Use Will Be Banned

Fri, 02 Dec 2011 12:19:48 -0600

Hallelulah!

The FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations and the Hazardous Materials Regulations to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles.

By preventing tractor-trailer drivers from using hand-held cellular phones, these new rules will obviously improve safety on the nation's highways by reducing the prevalence of distracted drivers. Distracted drivers are the number one cause of crashes, fatalities, and injuries caused by drivers of commercial vehicles.

The agencies are also implement new driver disqualification sanctions for drivers of vehicles who do not to comply with this restriction and new driver sanctions for holders of commerical driver's licenses who have multiple convictions for violating a State or local laws that restricts the use of hand-held mobile telephones while driving.

Motor carriers are now also prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones.

I applaud these agencies for their commitment to protecting the welfare of innocent drivers everywhere. I have represented too many people who have been injured as a result of truck drivers either talking on cell phones or texting while driving -- while hurling down our roads in big rigs.

When I file suit in these 18 wheeler cases, I subpoena the driver's call logs from the cell phone carrier to prove that he was talking instead of caring about what he was doing.

I recently concluded a case where I was able to prove that the trucker had been calling on his cell phone immediately before he crashed into the rear of my client's pick up truck, seriously hurting him and his wife.

If you've been hurt in a wreck, call my office at 817-885-8000 or fill out this form for a free evaluation. The sooner I start working on your case, the sooner I can start collecting time-sensitive information to help you get the maximum amount of money possible.

Spoliation letters and why they matter.

Mon, 28 Nov 2011 11:02:48 -0600

Whenever I get hired on a case involving a commercial vehicle, I send a spoliation letter to the defendant immediately. A spoliation letter is a letter telling the trucking company to save evidence so I can be sure that all investigation that needs to be done can be done without the truck, documents and other materials being tampered with.

On a recent case, I was able to prove that a defendant driver was not only speeding, but speeding with cruise control on while driving through a construction zone when he rear ended my client.

By law, once a spoliation letter is received, none of the evidence discussed in the letter may be destroyed or changed without approval of the plaintiff and the plaintiff's attorney. Valuable evidence such as maintenance records, driving logs, the contents of the vehicles, and even items such as beer bottles or cell phones with may have contributed to cause the wreck are often cleaned before the attorney can properly investigate. If any evidence is destroyed after a spoliation letter is received, the defendant can face huge penalties if the evidence tampering is discovered.

A copy of my most recent spoliation letter, with personal information removed, is available for download by clicking here.

If you have been hurt in a crash with an 18-wheeler, you need a lawyer who will immediately begin working for you and perform all necessary investigation. Please call me today at 817-885-8000 for a free case evaluation.

Truckers: Prevent Crashes - Get Into Shape!

Mon, 21 Nov 2011 15:07:01 -0600

The New York Times just printed the following article that I wanted you to read. There are far too many collisions caused by 18 wheeler drivers. I know, because I represent people like you who get crashed into by big rigs. In 2010, they caused 13% of all fatal occupational injuries.

And I have become something of a fitness fanatic. Every one should exercise and eat better food so they can live healthier, more productive lives.

from the New York TImes:

After driving hundreds of miles, the last thing Roy Williams, a truck driver from Denton, Tex., wanted to do was exercise. After a day trapped in the cab, stopping only to gorge on greasy fare at truck stops, who could think of working out?

But once he ballooned to 405 pounds, he knew he had to make a change. So last year, Mr. Williams, 58, did something all too rare for someone in his profession: He embarked on a diet and exercise program.

The six-pack of Coca-Cola he drank each day? Gone. The hamburgers, chips and chocolate he relished? No more. Today, he drinks a protein shake mixed with ice water or soy milk for breakfast, nibbles cantaloupe and red grapes, and makes "sandwiches" with thinly sliced meat and cheese but no bread. He keeps a fold-up bike in his truck and zips around rest areas on his breaks.

His weight is down to 335 pounds, and he's managed to reduce the amount of blood pressure medication he takes. "I rarely, maybe once a week, even go into a truck stop," said Mr. Williams, who has been navigating an 18-wheeler for the last 30 years.

Mr. Williams's predicament is hardly unique. On the road for weeks on end, with the sorts of diets that make nutritionists apoplectic, the nation's truckers are in pretty bad shape. Now, beset by rising insurance costs and desperate to ensure their drivers pass government health tests, trucking companies and industry groups are working hard to persuade road warriors to change their habits.

It's a long haul, so to speak. Eighty-six percent of the estimated 3.2 million truck drivers in the United States are overweight or obese, according to a 2007 study in The Journal of the American Dietetic Association.

"Obesity is a terrible problem in the trucking industry," said Brett Blowers, director of marketing and development for the Healthy Trucking Association of America, an industry organization in Montgomery, Ala.

Texas Truck Collisions: Importance of Immediate Investigation

Fri, 11 Nov 2011 14:43:34 -0600

I was just retained to represent a man injured by an 18 wheeler and have initiated a thorough investigation of the scene, vehicles, and other evidence that will be critical in obtaining the largest possible recovery of money.

I spoke to attorneys in the Texas Trial Lawyers Association about this topic and have attached the first part of the paper I gave which discusses how to conduct such an investigation.

Police officers, eyewitnesses and drivers

You and/or your accident reconstructionist must get to the scene as soon as possible. Various personnel may have already photographed the scene and the vehicles, preserving evidence of speed, skid marks, degree of crush, yaw marks, debris, directional movements, etc. The investigating officer(s) may have seized all paperwork relating to the load being transported, including the often damning driver's logs. The local PD or DPS sometimes dispatches special safety compliance officers to the scene as well. Furthermore, local newspapers and news media may have covered the wreck. Find out if they interviewed witnesses.

Trucker Cell Phone ban Proposed by Federal Safety Board

Fri, 16 Sep 2011 11:35:12 -0600

The National Transportation Safety Board has recommended that our country's 2.8 million commercial truck and bus drivers be banned from all cell phone use on the road.

The recommendation comes after investigators determined a trucker in Kentucky was using his phone immediately before he lost control of his vehicle in a crash that killed him and ten other people. Records indicate that the trucker had used his phone 69 times in the 24 hours before the crash occurred, and had made four calls in the minutes leading up to the crash.

Currently truck drivers are prohibited from texting and can face a fine up to $2,750 if they violate the rule.

While the NTSB doesn't have legal jurisdiction, their recommendations often carry over into federal legislation.

The ban would include both handheld devices as well as hands-free devices, with emergencies being the exception.

As a collision attorney in North Texas, I hope that federal legislation will pass this into law, especially considering the cause of the 11-person fatality in Kentucky.

In my experience representing people like you who are injured by commercial vehicle drivers, I have seen distracted driving continually on the rise as a cause of accidents, have sued drivers and their companies for causing needless suffering, and I think it's time that the law protects us from distracted drivers.

This ban is already in effecdt for operators of air plans and ships.

Note that the American Trucking Association, an industry lobbying group, supports such a ban on hand-held phones and texting.

Tractor trailer Dangled over I-20 Ramp for Hours Crushing Car

Fri, 25 Mar 2011 14:29:50 -0600

A 25-year-old Fort Worth man who was drunk pulled his Honda out in front of a Shale Tank truck at 4:00 o'clock this morning at the I-20/820 interchange and caused the tanker to crash through a retaining wall and dangle 100 feel off of the ground.

The story was so dramatic that it made the national news.

Nicholas Colon, 25, and his wife Amy Howell, 26, were pinned beneath the empty water truck in their car for three hours before firefighters could extricate them.

It is a miracle the tanker did not fall onto vehicles below and cause catastrophic injuries.

Colon was taken into custody at JPS Hospital on suspicion of DWI and unlawfully carrying a weapon. Scary, huh?

Willard, also 25, was in the cab for about an hour until firefighters could rig a harness on a ladder truck to reach him.

Fort Worth police and firefighters performed heroic measures to save the three people.
They used hydraulic cutters to open the passenger side and pulled Colon and Howell to safety.

The tanker caused a 13 foot hole in the wall, but the Texas Department of Public Safety investigated it and found it to be structurally sound.

"Given the situation, I was relatively surprised that everyone was in good shape," Officer Hatch of the Fort Worth Police Department said.

The ramp will be closed from 6:00 a.m. to 5:00 p.m. Sunday to repair the wall, Lopez said.

Think it's time to crack down on drunk drivers? In August 2006, Colon was convicted of driving while intoxicated in Dallas County and received 18 months probation.

Driver Fatigue Laws Also Need To Be Strengthened

Fri, 04 Mar 2011 11:34:49 -0600

More than 4,000 people are killed in truck collisions each year. Driver fatigue is a factor in 30 to 40 percent of these crashes. Research shows the risk of a crash increases twofold after eight hours of consecutive driving.

The proposed rules for commercial truck drivers do not provide the adequate level of protection needed to prevent driver fatigue, according to the American Association for Justice (AAJ), an organization I have belonged to for over 25 years, including its Interstate Trucking Litigation Group.

The Federal Motor Carrier Safety Administration (FMCSA) has recommended a 10-hour driving time limit. However it has stated it may just keep the current 11-hour requirement.

"Driver fatigue puts not only the truck driver workforce at risk, but also other passengers who share the road. Ensuring our roads are safe should be the FMCSA's top priority," said AAJ President Gibson Vance.

AAJ also opposes FMCSA's proposed 34-hour restart period, which would allow truck drivers to bypass the 60/70-hour duty limit. This 34-hour restart period cannot ensure a truck driver receives proper rest.

AAJ recommends that the FMCSA mandate a 48-hour restart requirement to provide commercial truck drivers with greater rest and recovery time after working long hours. It would also shorten the work week, meaning less fatigued drivers and safer highways.

I strongly support AAJ's position and urge you to contact Congresswoman Kay Granger or your local representative and tell them we need stronger laws to make our roads safer.

Instate driving may trigger FMCSA

Wed, 02 Mar 2011 12:41:34 -0600

In trucking crashes, the difference between whether a load is being driven "interstate" or "intrastate" is critical.

From as far back as the Texas Supreme Court's holding in Texas & No.R.R. v. Sabine Tram Co., 227 U.S. 111, 123 (1923) and continuing through Central Freight v. l.E,E., 899 F.2d 413, 419 (5th Cir. 1990), the crucial factor is the shipper's fixed and persistent intent at the time of shipment.

If the cargo is being shipped from California to Florida, it is well settled in the trucking industry that the movement of goods and the intent of the shipper determines whether the goods are shipped in interstate commerce. Matter of American Truck and Trailer Repair, Docket RI-92-001, 58 Fed. Reg. 16916 at 16921, March 31 1993 (Order, August 6,1992).

In United States v. Yellow Cab Co., 332 U.S. 218, 228-229 (1974), the United States Supreme Court held "when persons or goods move from a point of origin in one state to a point of destination in another, the fact that part of the journey consists of transportation by an independent agency solely within the boundaries of one state does not make that portion of the trip any less interstate in character. That portion must be viewed in its relation to the entire journey rather than in isolation. So viewed, it is an integral step in the interstate movement".

The term "interstate commerce" within the meaning of the FMCSRs and underlying statutes is not synonymous with transport across state lines, and can include operations conducted wholly within a single state. Whether transportation between two points in one state is considered to be part of an interstate movement is determined by the essential character of the commerce, manifested by the shipper's fixed and persisting intent at the time of the shipment, and is ascertained from all the facts and circumstances surrounding the transportation. In the Matter of Solomon Trucker, Jr., Docket No. FHWA-1997-2417 (Final Order, June 2,1998) citing to Baltimore & o.s. WR. Co. V. Settle, 260 U.S. 166 (1922) and Texas v. U.S., 866 F.2d 1546 (5 th Cir.), reh'g denied, 874 F.2d 812 (1989).

When the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single state, the driver and commercial motor vehicle are subject to the FMCSR. In the Matter of Gunther's Leasing Transport, Inc., Docket No. FHWA-1997-2400.

As long as the cargo transported originates and terminates in different states, an interstate portion of the transportation must still be viewed as interstate. See Id. citing to In the Matter of National Transportation Service, Inc., Docket No. 92-FL-028-FR (Final Order, October 21,1994).

U.S. Safety Standards for Rear Guards Are Terrible

Tue, 01 Mar 2011 15:48:08 -0600

The Insurance Institute for Highway Safety has stated that passengers in cars may be decapitated if their vehicles go under the rear of heavy-duty trailer trucks with guards -- even if the vehicles meet U.S. rules designed to prevent severe injuries.

I have handled these decapitation cases before, and they are truly horrendous.

I believe the tests show stronger rules are needed. The Institute has also recently said that trailers made to Canadian specifications were less likely to cause catastrophic injuries.

According to NHTSA data, 419 car occupants were killed in 2007 and 352 in 2008 in crashes involving passenger vehicles striking the rear of large trucks.
Almost 80 percent of crashes involving cars rear-ending trucks involved significant amounts of underride, even after NHTSA required stronger structures to be lowered to 22 inches off the ground.

NHTSA doesn't require the guards to be tested on trailers themselves, which has led to weaknesses: guards can fail if hardware attaching them to the trailer isn't strong enough to withstand impact. The tests underscore that guards installed to U.S. standards aren't holding up out in the real world.

NHTSA expects to complete its review of the regulation in 2012.

Canadian regulators require stronger crash guards. However trailers made by a corporation based in Lafayette, Indiana are engineered to exceed the Canadian requirements.

I feel very strongly that the U.S. standards for these guards are far too low and hope they are strengthened immediately.

Please call if you have been involved in an 18-wheeler wreck; I fight these trucking companies to get you the financial recovery that you deserve.

18-Wheeler Safety Regulations, FMCSA Proposed Changes

Fri, 25 Feb 2011 10:44:02 -0600

CHANGES PROPOSED TO "DAILY" DUTY

The required off-duty period of 10 consecutive hours will not change.
For drivers not otherwise except, the consecutive hours will be reduced from 16 hours consecutive hours down to 14 consecutive hours, a step in the right direction to make sure that sleepy, inattentive 18-wheelers are not out there on our roadways putting others at risk.

The new proposed maximum on-duty within a driving window would reduce consecutive hours from 14-16 down to 13 consecutive hours. Again, another step in the right direction.

Maximum driving within driving window is either going to remain the same at 11 consecutive hours or be reduced down to 10 hours.

Currently there is no limit on consecutive hours of driving but the newly proposed rule will make it so 18-wheelers may drive only if it has been 7 hours or less since last off-duty period of at least 30 minutes. This definitely need to change because currently there is no rule in place to make these drivers take a break, often resulting in inattentive driving which is a result of numerous wrecks that cause serious injury.

CHANGES PROPOSED TO "WEEKLY" DUTY PERIOD
There is currently no proposed change to the maximum on-duty hours of 60 hrs. in 7 days/ 70 hrs. in 8 days.

Currently, there are no limits on "restarts" but a proposed new rule would limit these periods to include:
(1) Must include two periods between Midnight-6 a.m.;
(2) May only be used once per week.
Driver must designate the period being used as a restart.

All of these newly proposed rules are a step in the right direction and I hope the FMCSA will adopt all of these if not further reduce the amount hours truckers are out on the roads continuously. For info on a warning letters click here.

I have sued on many cases involving inattentive 18-wheelers, including one where I have just recently taken a several day deposition where I fought to protect my clients from the 18-wheelers attorney who was trying to trip them up during the grueling ordeal. In this case we had already shown to the company and their attorneys that the defendant driver had violated many of the above regulations and do this immediately on any 18-wheeler case that comes into my office.

If you want the check the safety of a 18-Wheeler Carrier or Driver click here to be directed to the FMCSA/CSA SAFER search.

Mexican Truck Talks Move Forward

Wed, 26 Jan 2011 09:51:43 -0600

A hotly disputed issue in the trucking industry could heavily affect my clients and every one driving on our Texas highways.

Mexican truck drivers entering the United States are currently limited to traveling only within a 20-mile to 25-mile radius of specific ports of entry. Then their goods are picked up by American truckers and transported throughout the U.S.

But, Mexico has claimed that this restriction violated the 1994 NAFTA trade agreement between the U.S. and Mexico.

Many who are opposed to allowing Mexican truckers to access American roadways say that trucking jobs in the United States would be lost and roadways will be made unsafe because of the differences in safety standards between the two countries.

Really?!

The United States Department of Transportation has put forward a preliminary proposal that includes a requirement that Mexican Truckers who want to access Texas roadways will be required to have electronic recording devices to allow monitoring of the drivers' hours of services and compliance with American trucking laws and drivers will also have their combined American and Mexican driving records checked to ensure that they have no history of unsafe driving that would disqualify them under American standards.

Supporters of this proposal state that allowing cross-border trucking would boost trade opportunities for the U.S. and create jobs her in Texas.

I think that the safety issues need to be addressed and proven before allowing these unsafe Mexican trucks onto our roadways. There is already an issue with American companies allowing unsafe trucks and drivers onto our roadways and to add the lower regulated Mexican trucks out there it would even more dangerous.

I am currently represent various clients who have been injured by 18 wheelers and other commercial vehicles, including some from Mexico.

If you are involved in an 18 wheeler accident please contact my office immediately so that I can fight to get you everything you deserve.

Dallas 18 Wheeler Wreck Shuts Down I30

Mon, 10 Jan 2011 12:50:51 -0600

A fuel tanker crashed and burned on Interstate 30 early Friday morning, closing both sides of the freeway west of downtown Dallas. Traffic backed up for miles during the morning rush hour. Westbound lanes finally reopened between Hampton Road and Sylvan Avenue and by 9:30 all but one eastbound lane had reopened.

The crash happened when an eastbound white sedan changing lanes struck a second semi, causing it to veer into the tanker. The tanker then crashed into the concrete wall dividing the main lanes from the HOV lane.

Three people were taken to Methodist Dallas Medical Center: the 35-year-old man driving the truck and two women in the car. None of their injuries were thought to be life-threatening.

Please call me call if you have been involved in an 18-wheeler wreck I fight these trucking companies to get you the financial recovery that you deserve.