Texas Truck Wreck Attorney Blog

Regulation of Truck Drivers In Texas

Thu, 02 Feb 2012 12:29:09 -0600

There are a number of federal organizations charged with the responsibility of oversight of the trucking industry in general. As an 18 wheeler accident attorney I follow regulation of truck driver closely. To that end, the DOT reviews current regulations and research related to safety (among other things) and then sets out to revise them in a manner that affords greater protection to unsuspecting drivers on American highways. Some of the expectations for regulations that will go into effect this year (and into 2013) are as follows:

*Cell phone restrictions are now in place for bus and truck drivers. It states that drivers may not use hands-free mobile devices when they are behind the wheel and motoring. The regulation is very specific with regard to the actual behavior of the driver and the use of phones - stating that drivers may not reach for, dial or hold a phone while in the act of driving. There are increasingly stiff penalties for drivers and their respective companies if they are found guilty.

*A second pending rule calls for a national database of driver drug and alcohol test results.

*Yet another type of national registry under consideration is one in which physicians - sensitive to the specific work-related needs and ailments of those who work in the trucking industry - sign on to a list that can be accessed by persons of interest.

Make no mistake, there are interests out there that oppose any further restrictions or regulation of truck drivers or others out of financial interest or an ideological belief. When an 80,000 pound missile travels our communities at highway speeds regulation is not only necessary it is almost criminal to argue otherwise.

How Facebook Affects Car Accidents

Tue, 31 Jan 2012 11:31:30 -0600

With this social media revolution comes additional sources of information that defense lawyers use for impeachment of innocent victims of car accidents. In the last year, we have noticed a marked increase in discovery requests in personal injury lawsuits that relate to Facebook pages and other social media accounts.

What the insurance company lawyers are attempting to do is find postings from Facebook where victims had positive things to say or went out and did fun things and posted it to Facebook, in an effort to show or try to show that the victim was really not hurt, or that the injury has not adversely impacted the victim's life.

All of us know, that friends and family members do not really want to hear sob stories from us about our problems. And the dilemma of the Facebook posting is should a person mentioned a problem on the posting date court and the jury will never ever hear about it in trial because the defense lawyer will never bring it up. However if someone posts "having a great day" or post pictures at the beach, it may become exhibit a in an effort to show the victim was exaggerating or not really hurt.

The moral of the story is, if you may be involved in a personal-injury lawsuit you may want to forgo posting on Facebook, for a while.

If you or loved one has been injured and would like to speak with a personal injury attorney please contact the Baumgartner law firm for a no obligation consultation on a serious injury case.

Texas Speed Limit Laws

Tue, 17 Jan 2012 12:33:09 -0600

Among other things, the National Highway Transportation Safety Administration has many responsibilities including such things as collecting data on all things transportation related. One topic that they track is speed limit information for each state in the country.

Let us consider Texas speed limit laws and consequences of their violation in this blog.

According to the latest Texas statutes the following speed limits are enforced across the state:

*80 mph in daytime on part of Interstate Highway 10 or Interstate Highway 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward Counties

*75 mph during the daytime in counties with a population density of less than 15 persons per square mile

*70 mph during the daytime on "numbered" highways and farm/ranch-to-market roads outside an urban district

*65 mph during the nighttime on "numbered" highways and farm/ranch-to-market roads outside an urban district

*60 mph during the daytime on highways that are not "numbered" and that are outside of an urban district

*55 mph during the nighttime on highways that are not "numbered" and that are outside of an urban district

*30 mph in an urban district; 15 mph in an alley

*15 mph on a beach or 15 mph on a road adjacent to a public beach

It is important to take note of the speed limit expectations on the various roadways in Texas and across the country. Pay attention to posted speed limits and also your vehicles speed. Excess speed plays a role in a large number of personal injury and wrongful death lawsuits.

When you cross state lines take the time to familiarize yourself with each state's driving laws - it could save you a lot of trouble later in life.

Recent Texas 18 Wheeler Accidents

Thu, 12 Jan 2012 12:23:44 -0600

One of the goals of this semi-truck accident attorney blog is to keep readers apprised of the numerous semi-truck accidents (and accompanying commentary) that occur in the area, across the state and even across the country. What follows are several news accounts of semi-truck accidents that have captured media attention.

*A passenger car driver hit a guardrail on a Texas roadway causing the driver to lose control and his vehicle to spin. It was struck by an oncoming semi-truck who was unable to avoid the impact. The driver was pronounced dead at the scene. The accident is still under investigation.

*In an accident with unusual circumstances - a young man appeared to be asleep at the wheel of his vehicle while sitting at a light and when police attempted to waken him - he lost control of the car and ended up in a head-on collision with a semi-truck. The teen suffered critical injuries and was taken to a nearby hospital.

*Finally, an accident involving two semi-trucks and a passenger car in another state led to the death of one of the rig drivers and a horrific collision beside. The accident occurred when logs on a log hauler spilled onto the highway as they fell from the rig. It was then rear-ended by a second semi-truck carrying a toxic, flammable liquid - that resulted in alerting the surrounding communities of the potential hazard. Although a passenger vehicle became embroiled in the accident - no information was provided on the driver or his vehicle.

The Federal Motor Carrier Safety Regulations provide specific rules for the proper and safe loading of 18-wheelers- when a load is not properly secured accidents can be very serious.

Issues in Truck Accident Lawsuits

Fri, 30 Dec 2011 18:55:22 -0600

If you are looking for a truck accident lawyer look for one with a track record of success.

There are a number of problems plaguing the trucking industry that could ultimately impact the average driver on the road. Let us consider some of these in this article.

*Drug abuse is a significant and growing problem with truck drivers. One company that regularly screens their drivers for illegal substances found the percent of drivers that show signs of drug abuse rose dramatically over the last several years.

Needless to say, truckers who are responsible for an 80,000 pound vehicle that may be traveling down the highway at speeds of up to 70 miles an hour should be sober and in control at all times.

*A trucker in another state actually drove away from the scene of an accident in which he had run over a person and then proceeded to destroy evidence. Although this behavior seems unconscionable - it really masks a larger problem.

Trucking companies that find themselves in the middle of a negligence lawsuit have been known to hide or to 'clean up their records' (of such things as a driver's history, maintenance files, etc.) before and unless a court orders them NOT to destroy evidence.

*Even though texting has been banned for truck drivers when they are behind the wheel that does not seem to be preventing its continued practice. The likely reason for this is that the chance of being stopped and ticketed for texting while driving is slim at best.

Practically speaking - a truck driver texting might only come to light if there were an accident and then only after a truck accident attorney is successful in getting a court order for the records.

Meth Labs in 18-Wheelers

Wed, 21 Dec 2011 08:37:56 -0600

A recent multi-state task force undertook the job of investigating what appears to be an increasing presence of meth labs in semi-trucks - as if semi-truck drivers taking illegal drugs were not concern enough for the average driver.

In one case a highway patrolman in another state pulled a semi-truck over when he noticed it being navigated erratically. He found a passenger 'cooking meth' in the sleeper cab of a truck that was hauling furniture for a major retailer. The labs and their contents were seized and the driver and passenger detained.

In a similar incident in a different state, the highway patrol in coordination with federal authorities acted on a 'tip' of major meth production in a traveling 'convoy'. When the rear cargo doors were open no product of any kind could be found for supposed cross-country hauling except meth. In all, a dozen people were arrested and are awaiting trial on a dozen federal and state drug charges.

Finally, in a third incident, a half dozen men were found to be occupying a semi-truck and were determined to be working in shifts of driving and manufacturing the drug - with an addition couple men sleeping so there was no need for the operation to shut down for shut-eye.

I must say, the ingenuity of these illegal enterprises is jaw-dropping to say the least. I always wonder what strides could be made if people used their ingenuousness for good instead of law-breaking. Large trucks have long been used to haul illegal contraband and this is only another example.

Texting Ban for Semi Truck Drivers

Fri, 16 Dec 2011 13:08:48 -0600

The ban on 'texting and driving' by commercial drivers of any type - semi-truck drivers, bus drivers and others - has been in effect for nearly two years. Violators can be fined up to $2750.

This decision was made in light of statistics that show a semi-truck can travel the length (and then some) of a football field in the short 5 seconds it takes for a driver to look away from the road (at a conservative 55 m.p.h.) - and that can and has had disastrous results over and over in the last decade.

Certainly drivers all across the country applaud the efforts of the United States Department of Transportation to keep our roadways safer.

One study conducted at Virginia Tech University recently revealed that commercial drivers who engage in the act of 'texting while driving' were actually 23 times more likely than their non-texting counterparts to be involved in an accident or 'near-miss'. Therefore, the ban has the potential to make a significant impact on the injury and fatality 'bottom line'.

Unfortunately, the DOT was unable to address an additionally hazardous behavior of many Fed Ex and U.P.S. drivers that lead to fed ex truck accidents and UPS truck accidents. These commercial vehicles come equipped with 'in-cab' computers that allow drivers to carry out numerous distracting behaviors including scanning packages for pick-up and delivery as well as receive and respond to messages from the dispatcher.

While it seems apparent that these types of actions are equally preoccupying - the DOT does not have oversight of commercial on-board computer systems. Any decisions regarding this would require them to convene the higher powers of our lawmakers. I urge you to contact your lawmakers and weigh in on the matter.

Truck accident attorneys provide a method to seek justice after the fact but the key is to prevent wrongful death lawsuits in the first place.

Shortage of Truck Drivers Predicted

Mon, 12 Dec 2011 19:05:29 -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.

This is proving to be problematic - which always comes down to affecting the bottom line for goods and services for all Americans. But, many would argue that increased costs for groceries and dry goods are worth the lives it saves.

As a semi truck accident attorney I see many drivers who have a truck accident when they should not have even been driving a big rig.

New Tech for Truckers

Wed, 07 Dec 2011 19:01:35 -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.

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 known patents pending.

For more information visit the Federal Motor Carrier Safety Administration.

Not To Do Lists- To Avoid Accidents

Tue, 29 Nov 2011 11:40:04 -0600

Most of us have an ongoing 'To Do' list that usually doesn't get done but sees new items added to it on a regular basis. There are some items on mine that date back three years. I thought for today's entry I would offer my readers a 'Not To Do' list to keep in mind when they are driving.

*Do Not drive a vehicle that is experiencing malfunctions of any kind. If vehicle warning lights come on - Do Not ignore them. If tires look low - Do Not keep driving on them. If your engine is knocking Do Not turn up the radio and pretend that you don't hear it. Vehicles that are in need of repair are a safety hazard to everyone on the road - not just you.

*Do Not ignore recognized safe driving behaviors. You know that it's not a good idea to speed or tailgate so Do Not take chances. Do Not drive aggressively or engage another driver in a manner that will cause an incidence of road rage.

*Do Not drink and drive and Do Not take any type of prescription or illegal drug and drive. Also, Do Not text and drive or otherwise motor in a distracted manner.

*Finally, Do Not allow your insurance to lapse or tickets to expire. An uninsured, unlicensed driver costs Americans millions of dollars each year. An annual talk with your insurance agent checking coverage and prices is always a good idea.

Safety Equipment for Passenger Vehicles

Sat, 19 Nov 2011 08:22:17 -0600

I tend to be more concerned about safety when bad weather sets in. Today I will focus solely on those items every driver should have in the trunk of their car - that would prove valuable in case of an emergency.

1. Reflectors and/or flashers. Today's drivers can purchase triangle reflectors and even LED Beacon lights that will warn approaching traffic that your car is disabled.

2. Blankets for warmth if you find your car disabled in cold weather and no help immediately within sight. Other outerwear is also advisable including gloves, hats and even boots. Most winter clothing now comes with a thin but effective lining of insulation that further protects the user from dangerously cold weather.

3. A first aid kit is a must - but I would additionally advise drivers to invest the short amount of time it takes to pass a first aid course. A kit is not much help if you are unable to provide life-saving assistance in an emergency.

4. Keep a supply of food that will not 'go bad' such as dried fruits and granola bars as well as a two day supply of water handy. If for some reason it gets used - replenish it. This is more critical in less populated areas than in big cities.

5. Invest in a mini-compressor to combat low tires, a car jump-starting system if your battery dies, and assorted tools, ropes and bungee cords. In worst case scenarios these items can be literal lifesavers - for yourself or someone else.

Distracted Driving Issues

Wed, 16 Nov 2011 08:17:50 -0600

Today's driver has one of the single most valuable technological devices at their fingertips - the cell phone. Now, obviously, not only would I remind readers that using a phone to text and drive or even 'gab' and drive are both dangerous driving practices.

However, a cell phone has many uses that are advantageous to the driver. Consider the following.

*If you witness an erratic driver on the road have a passenger snap a picture of the license plate and record a short video as evidence of the problem. If possible forward the information to the website of a nearby highway patrol department or other law enforcement agency. Save it if you are asked to testify.

*If you come upon an accident you can use your phone to call 911 or emergency services. In addition, this is another perfect opportunity to use the camera to record pictures of the accident that may later be used as validation for insurance companies and law enforcement.

*Finally, I find that for a minimal fee your cell phone provider will offer you GPS - turn by turn directions to any destination. This application can save drivers time, money and gas - and it has helped quell the nerves of many a parent who sits and worries that their new driver will get lost on the road. Turn by turn verbal instructions may well keep a driver from taking their eyes off the roadway as well.

As often as I write about the dangers of cell phones and driving - I thought it was only fair to give equal time to their benefits. Too, invest the extra $20 or so for a car charger. There's nothing worse than a dead cell phone in your time of need.

Do not text and drive and educate your children about the dangers of distracted driving.

Common Big Rig Accident Situations

Fri, 11 Nov 2011 08:11:12 -0600

As mentioned in our previous article, there have been a number of research studies done that have resulted in a compilation of the most common causes of commercial vehicle collisions. This entry is a continuation of the 3 most common driver errors that lead to property and/or injury damage as well as fatalities.

*In order to be licensed to drive a commercial vehicle one must complete a training course - which may make other drivers feel safer. However, it is important to remember that just like new teen drivers - developing a driving expertise takes more time and practice than can be accomplished within the time frame of a single class.

Repeated studies have shown one of the common causes of a truck accident is the driver's lack of experience. Additionally, many trucking companies fail to adequately train their drivers which can lead to serious injury or wrongful death cases.

*In today's ever-increasing competitive climate, retail and trucking companies continue to push the limit of what is 'fair and reasonable' as well as safe. Truck drivers are being asked to 'do more in less time'. In the end, semi and commercial truck drivers are being urged to meet unrealistic pick-up and delivery deadlines that place both their own lives as well as that of other motorists in jeopardy.

*Along with unrealistic schedules, many trucking companies are dangling monetary and other incentives in front of commercial truck drivers that encourage them to make unsafe driving decisions. No doubt about it - prizes, benefits and other inducements that serve to entice truckers to take chances on the road is a very bad idea.

Some motor carriers actually are more interested in looking like they comply with the safety rules than actually following the rules and that can be a very dangerous situation.

Common Causes of Big Rig Accidents

Mon, 07 Nov 2011 08:04:49 -0600

The findings from thousands of semi and commercial truck accidents have revealed that there are a number of common causes.

Because truck accidents account for thousands of deaths each year I believe it is beneficial to review these as a precautionary measure for my readers. It is important to note that sometimes the accidents are the result of unsafe driving practices on behalf of the commercial truck driver - and at other times it is the fault of the other driver.

*One of the major causes of commercial truck accidents is tailgating. At times a commercial truck driver may follow a passenger vehicle too closely but it is equally as dangerous if a passenger vehicle stays on the tail of a truck.

There are a number of 'blind spots' that make it difficult for a commercial truck to see those who are directly behind them. Big rigs take longer to stop than passenger cars so 18-wheelers need to allow more of a safety space between vehicles.

*Unsafe driving practices on the part of the truck and/or passenger vehicle driver. Changing lanes too quickly, speeding and reckless driving are all examples of driving behaviors that can cause an accident. The term - 'drive defensively' - are not just empty words but should be embraced as a driving 'mantra' and is particularly true when dealing with big trucks.

*Failing to maneuver a disabled vehicle off the road and out of the way of motorists is yet another problem has led to injury and fatality accidents. Every driver should have a 'safety' kit with reflectors or flares that warn others on the road of the impending danger of a stopped vehicle.

There are many fact situations that 18 wheeler accident attorneys see frequently and while each truck accident is unique common factors seem to always be present.

Recent 18 Wheeler and Semi Accidents

Fri, 04 Nov 2011 10:23:29 -0600

In the span of a five day period - twice that number of injury and fatality accidents have occurred involving semi-trucks. Here in Texas and across America's roadways semi-truck drivers are failing to drive defensively - with catastrophic results.

*A multi-vehicle accident occurred when a semi-truck was trailing too close behind another truck - rear-ending it when it got too close and causing it to strike the vehicle in front of it. Considering the possible potential for severe physical damage - it is fortunate that only minor injuries resulted.

*In another state a semi-truck driver drifted off the side of the road - hitting a pedestrian and killing him. This is another example of driver negligence. All drivers should be cognizant of their attention span. If you have been driving for long periods of time - stop and stretch. Frankly, nothing could be more harrowing than a semi-truck bearing down on you.

*And the day before that a semi-truck driver chose to attempt to drive around a truck that was slowing down to make a turn. Because the driver was making a left hand turn the semi drove directly into the driver's side of the vehicle. The vehicle burst into flames and both the driver and passenger died.

*And finally, in other semi-truck accident news from across the state over the course of the last 5 days - a semi blew a tire causing the driver to lose control and careen into several other vehicles - killing one driver and seriously wounding another.

We all share in the responsibility to ensure that the vehicles we are driving are safe. Tire blowouts - especially on semis - are unacceptable. They are also deadly at times.

The Baumgartner law firm handles trucking accident lawsuits in Houston and across the state of Texas. For free no obligation consultation with a Texas big rig accident attorney call us toll-free at 1-866-758-4529.