Texas Truck Wreck Attorney Blog

Head Injury in an Accident

Mon, 28 May 2012 09:33:16 -0600

One devastating side effect of an automobile or truck collision could be short-lived or life altering brain injuries. Hopefully the following information will help families as they attempt to cope with their loved one's head injury.

If you are called and make your way to the emergency room upon finding out that someone you know has been in an accident - be prepared to wait without much information. Most ER's do not let you have much access to the patient immediately which can be unsettling but as one expert notes:

"The staff is busy doing their best to help your loved one but you may not hear from them until they feel they have your loved one stabilized. Keep checking in and let the staff know you want to go back with your loved one as soon as possible".

You may witness a number of medical professionals running about and working on your loved one. It may seem chaotic and disheartening but it's important to remember that these people know what they are doing and each stays to their job - which may all need to be done concurrently.

Often a chaplain may ask to join you in your wait to find out the extent of injuries your loved one may have suffered. Their presence is meant to be a comfort and if you can draw any from the additional support - do not hesitate to have him or her sit with you.

Brain injury can be very hard to understand and is not easily explained by medical professionals. With all the medical advances we have in The United States the area of Traumatic Brain Injury (TBI) has seemed to lag behind.

We will consider the effects of long-term care in brain injuries cases in subsequent articles.

NHTSA Proposes New Rule

Mon, 21 May 2012 09:29:58 -0600

As an 18 wheeler accident attorney I keep up with developments at the National Highway Transportation Safety Administration and one ongoing investigation indicated a need for action.

Recently there have been a number of 'high-profile' incidents in which a driver has complained that the accelerator of their vehicle has gotten stuck and even when they depressed the brake the vehicle would not stop.

In one instance, a patrol car got in front of the vehicle and applied its brakes which caused the second car to slow down and eventually stop as well. In another case, the occupants of the vehicle were not so lucky - in fact, four people lost their lives when the pedal of a foreign car got stuck on a floor mat.

In response to this recent and unusual problem the NHTSA "proposed to update existing safety standards to ensure drivers can better stop a vehicle in the event both the brake and accelerator pedals are depressed at the same time.

NHTSA research indicates a "Brake-Throttle Override" requirement will help reduce the risks of high-speed unintended acceleration and prevent crashes involving a stuck or trapped accelerator pedal by allowing the driver to maintain control through normal application of the vehicle's brakes".

The proposal would change the Federal Motor Vehicle Safety Standard 124, which covers Accelerator Control Systems, and the proposal would and testing procedures for passenger cars and trucks regardless of their weight.

There are many new passenger cars that already an anticipated and are in compliance with the new proposal should it be adopted.

Fatal Vehicle Accidents Decline

Fri, 18 May 2012 09:03:53 -0600

And the good news is...the number of fatal vehicle collisions has shown a marked decline over the past few decades and even in the last few years. There are a variety of sources that provide this information. Let us consider some of this most telling data in this article.

First: In 2009 there were not quite 31,000 fatal auto accidents in the United States. This represents a figure that is down from more than 39,000 in 2005. This information comes from the National Highway Traffic Safety Administration, the National Center for Statistics and Analysis, and the Fatality Analysis Reporting System. Moreover, these figures represent a drop in the total number of accidents as well over the same time period.

As recently as 1998 the National Highway Traffic Safety Administration reported that there were nearly 43,000 people killed in fatal car accidents the United States. (For the record, roughly, 40 percent of the fatal crashes were alcohol-related. In addition to fatal accidents, about 2.9 million people are injured each year). In this case, the decline from 1998 to 2009 (or a little more than a decade) is approximately thirty three percent.

There is a compilation of all deaths that have occurred due to vehicle accidents since the automobile came onto the market. Between the years 1966 to 1973 there were over 50,000 people killed annually in automobile accidents (a high of 54,000 in 1972) and again between the years of 1978 - 1981. Then the numbers remained at 40,000 or greater from 1981 to 2008! It is only in the last three years that there has been a significant drop in fatalities.

For the record, there are some who will attribute the drop in vehicle fatalities to the decline in the number of people employed and a bad economy - and not anything to do with improved driving behaviors, I am not sure that is the case. One factor that I will address in another article is how new vehicles can prevent both accidents and injury.

Motorcycle Accident Prevention

Tue, 15 May 2012 12:46:15 -0600

Motorcycle accidents are often some of the most dangerous type of vehicle collisions because the rider (and passenger) has no safety devices to protect them - no airbags, no seatbelts, nothing to prevent them from becoming human projectiles.

However, there are steps that a motorcyclist can take that will help minimize injuries in the event of an accident. Consider the following suggestions:

*Probably the most obvious - and most quickly dismissed piece of advice is to wear a helmet. True, there's nothing like the feel of the wind blowing through your hair - until your hair makes contact with pavement - then it's not so nice. Wear as much protective clothing as possible in fact. Abrasions from motorcycle accidents can literally peel the skin from your bones.

*Don't drink and drive a motorcycle. Anything that can happen when you drink and drive a car can happen on a motorcycle too only its much easier to get hurt on a bike.

*Follow the rules of the road - watch your speed, don't take the corners too fast, don't weave in and out of traffic. When you are stopped for construction or other reasons - watch behind you -a motorcycle is not as easily detectable as a car or truck and a driver may literally not 'see you'.

*Take lessons. Driving a motorcycle is totally different than driving a car, SUV or truck. This might be the best money you ever spend.

* Drive less travelled roadways- driving a motorcycle during rush hour on a major roadway is asking for trouble. Plan your rides!

Increased Speeds For Truckers- A Bad Idea

Tue, 08 May 2012 14:16:17 -0600

Speed is often a factor in semi-truck and commercial vehicle collisions (not to mention car, motorcycle, boat and SUV crashes). Yet, our state legislature has seen fit to adapt the speed limit rules for semi-truck drivers despite the fact that 18-wheelers are harder to control and more difficult to stop at higher speeds.

Texans know that there has been a dual speed limit for nighttime drivers for years. Cars can go one speed and trucks can go another. But since last fall, rig drivers now have legal permission to travel five miles per hour faster - and let's be honest - if it says five miles on the speed limit sign it means ten miles faster in reality (or more) AND speeders don't get stopped unless they near that 'ten mile over the speed limit' limit.

The Texas Department of Transportation has said that this will actually making driving on our roadways safer. What could possibly be their justification? The tepid response from a spokesman was 'trucking will be more consistent from state to state and the increased speed will allow drivers not to worry about changing limits as they cross the border'.

I rarely opinionate in this blog - preferring to use it to advocate for safety or raise awareness for accident prevention - but in this case I will make an exception. Higher speeds lead to more and worse accidents (ESPECIALLY AT NIGHT).

It's not enough that we are going to open boarders to truck drivers who are not familiar with the more stringent standards for American semi-truck drivers - now we're going to let truckers travel at higher speeds despite the fact it takes them substantially longer to stop.

Bad idea.

Accidents with Animals

Thu, 03 May 2012 11:36:46 -0600

When animals are not leashed or otherwise contained and are able to run free - problems are bound to occur. Of course the problem most often discussed is dogs that are unfettered and end up biting innocent people who are unaware. But equally as problematic are animals (cats and dogs) that are unattended and may run out into neighborhood streets, highways and other byways.

In addition, everything from squirrels to deer and raccoons to the occasional cow may enter the pathway of a speeding vehicle (car, truck, motorcycle, bicycle) and end up being the cause of an injury or fatality accident. And this does not even begin to take into account the property damage costs of these car and truck accidents.

Unfortunately, no accurate statistics are available concerning accidents between animals and vehicles. Some experts place the figure in the thousands - others in the tens of thousands. Perhaps the best thing to do is offer some sage advice if you are suddenly confronted with an animal darting into your path.

Do not slam on your brakes but do begin to brake in a manner that will allow you to slow the vehicle and prepare to hit the animal. While this may sound inhumane - accidents in which the driver swerves to avoid an animal in their path tend to be more catastrophic in terms of injuries and fatalities because swerving tends to cause a driver to lose control of the vehicle.

When driving at night - drive more slowly to give yourself time to account for the possibility of an animal/vehicle collision and when driving in neighborhoods - do not go over the speed limit.

Big Rig Accidents

Mon, 30 Apr 2012 09:43:21 -0600

Over the last several articles I have provided you with a number of facts related to semi-trucks and accidents. I would like to devote one more journal note about my passion. I do this because I believe that 'well-informed is well-armed' - thereby ensuring that the consumer can make informed decisions about their driving habits based on facts and I may be able to prevent a truck accident or two.

*Contrary to popular belief (that being that most semi-truck accidents occur on interstate highways) - in fact, two-thirds of semi-truck accidents occur on rural roadways. Too, these same collisions happen during daylight hours and NOT at night.

*The states that lead the nation in semi-truck accidents include TEXAS, California, Georgia, Florida and Pennsylvania. (That's right - our state nearly leads the country in semi-truck accidents - a fact that should prod our state officials to research in order to first discover why this is - and then create legislation that may help reduce the problem).

*Again, contrary to popular belief - the overwhelming majority of semi-truck accidents occur on completely dry roadways. In other words, inclement weather is rarely a factor in semi-truck accidents.

Many trucking companies have quick response teams to come to the scene of a truck accident to try to find something that can help them shift the blame to the victim. If you would like your own quick response team call the Texas truck accident attorneys at the Baumgartner Law Firm and talk to a real truck wreck lawyer.

Facts About Big Rigs

Mon, 23 Apr 2012 09:41:01 -0600

Semi-truck accidents are my business as a truck accident lawyer and one of the goals of this blog is to keep readers apprised of 'all things semi-truck related'. What follows are some interesting facts about 18-wheelers.

*The average length of a semi-truck can range anywhere from 28-59 feet. The more important thing to note is that over by the end of this decade the size of rigs will have increased seventy percent since the beginning of this century!

*The average stopping distance for a semi-truck is nearly half-again (40%) the amount of stopping distance required for an automobile.

*The average weight of a car is around 5,000 pounds - or 2 and a half tons. The average weight of a semi-truck is 80,000 pounds or 40 tons. That means a semi-truck is twenty times heavier than a car. It is easy to see why the rate of survivability in a semi-truck/automobile smash-up is fairly low for the driver and passengers of a car. At the very least - injuries tend to be catastrophic for the occupants of the car.

*Semi-trucks travel over 430 billion miles each year. Taking that into consideration it should come as no surprise to learn that there is an average of half-a-million semi-truck accidents annually in the United States. Of these, only one-one hundredth of these collisions results in fatalities. While that may sound like a small number - about 5,000 wrongful death fatalities occur annually from semi-truck accidents - if your loved one is a victim then it may be time to hire a real truck accident attorney.

Lareger Trucks Means More Truck Accidents

Thu, 12 Apr 2012 09:35:25 -0600

The size and capacity of semi-trucks continues to increase with each passing year and increasing fuel prices will only add to the problem. Trucking companies are in business to make money - just like everybody else and they are either going to pass the increased cost of gasoline off to the consumer in the form of higher prices on products or they will make their rigs bigger as a response.

In fact, they will probably do both. For example, in the last five decades the length of a semi-truck has increased from an average 40 feet in in the 1960s to an average 59 feet today. Why is this important?

Well, this leads to a number of negative consequences for other drivers on the road. For one thing, larger and heavier trucks require longer braking distances to bring the vehicle safely to a stop. Too, the larger size and weight also impacts the maneuverability of the 18 wheeler. Both leads to more truck accidents filed by trucking accident attorneys.

Also, fuel capacity can also be a safety issue as well as a contributing factor to injuries and fatalities in a semi-truck accident. While there is no 'typical fuel capacity' the average may be anywhere from 50 to 200 gallons per tank. Remember that most semi-trucks have a tank on each side - thereby doubling their fuel capacity. (For those of you who don't care to do math - that means it is possible for a semi to be hauling 400 gallons of fuel along with their payload).

As always, the statistics presented in this blog are designed to caution other drivers to motor carefully around semi-trucks.

The Role of NHTSA in Preventing Truck Crashes

Sat, 07 Apr 2012 09:30:30 -0600

I personally believe that one of the most valuable federal organizations is the National Highway Traffic Safety Administration. While most Americans find national groups funded by their tax dollars to be inefficient and ineffective I take exception to the notion in this case.

The mission of NHTSA is to 'save lives, prevent injuries, and reduce vehicle-related crashes'. They are responsible for all of the following:

*writing and enforcing safety
*theft-resistance
*fuel economy standards for motor vehicles using CAFÉ
*licensing vehicle manufacturers and importers
*permitting or preventing the import of vehicles and safety-regulated vehicle parts
*administering the vehicle identification number (VIN) system
*developing the anthropomorphic dummies used in safety testing (they just announced the development of a model '10-year old child dummy)

In addition they are charged with developing the protocols by which crash tests occur and keeping accurate vehicle insurance cost records.

Perhaps one of their most important responsibilities is the creation and maintenance of the data files maintained by the National Center for Statistics and Analysis including the highly regarded Fatality Analysis Reporting System (FARS). This data serves many purposes. First, it is an esteemed resource for traffic safety research in the United States and throughout the world. Too, it provides a significant database and knowledge bank on the subject of vehicle collisions that offers statistics that may be a source of contention at times by defendants and truck crash lawyers.
If vehicle safety and collision information is of interest to you - then I advise you to take some time to review the information available on their website.

http://www.nhtsa.gov/

Causes of Truck Crashes

Sat, 31 Mar 2012 09:26:56 -0600

With thousands of semi-truck accidents occurring on American roadways each year - and no end in sight to the death and destruction they often leave in their wake - it is always timely to consider the major causes of semi-truck accidents.

While some causes may be unpreventable -such as inclement weather or a driver experiencing a heart attack behind the wheel - more often than not negligence plays a factor in the collision. Consider the following information.

*One main cause of semi-truck accidents is poor vehicle maintenance. This includes everything from under or overinflated tires to ones that are bald to failure to service everything from the brakes to the engine.

In the end, when trucking companies (or driver-owners) fail to properly care for their rig - it may cost them more in the end. Semi-truck accidents often end in costly lawsuits in which the trucking company and/or driver are the defendants in multimillion dollar truck accident lawsuits filed by truck crash lawyers.

*A second leading cause of semi-truck accidents is problems with the driver. He or she may be driving under the influence of alcohol and drugs (prescription or illegal) or the driver may be driving while drowsy or distracted.

Too, the driver may have health problems that are unknown because he (or she) has not been required to get a regular physical. Some of the most common health problems that could lead to an accident include heart problems that may result in the driver having a heart attack while behind the wheel or sleep apnea - a condition that can lead a driver to fall asleep unexpectedly and without notice.

On Board Computers For 18 Wheelers

Tue, 20 Mar 2012 13:36:56 -0600

Electronic on-board recording devices are equivalent to 'black box or flight data recorders' required to be installed in all airplanes.

The purpose of the latter is to record and keep safe all flight data in case of a crash. It allows safety engineers and management to review the events leading up to an unscheduled landing or wreck and utilize the data for future safety decisions.

Now the Federal Motor Carrier Safety Administration - a division of the U.S. Department of Transportation - is calling for a similar device to be installed in all semi-trucks. The EOBR is designed to record the driving hours of the commercial truck (and bus) driver to track the adherence to HOS or federally regulated 'hours of service'. In 18 wheeler accident lawsuits we frequently see inadequate or inaccurate records.

Research has shown that driver fatigue contributes significantly to the number of commercial vehicle accidents that result in injury and death - so much so that the FMCSA has set a number of restrictions on the driving hours of drivers. Currently a large segment of the commercial driving population must only keep track of their hours in a paper 'log' book - and there is little oversight of this.

A transfer of recordkeeping from paper and pencil to electronics is scheduled to occur in June of 2012 and affect half-a-million drivers. It should come as no surprise that a strong lobbying group for the drivers has intervened and sent the legislation back to committee for further consideration. Their ultimate goal is to see it dismissed.

If everyone is following the laws I would think an electronic recorder of the driving hours would be easier on the drivers instead of keeping track on a pesky log book. No doubt there's some 'fudging' of the records going on - and the American driving public is on the losing end when legislation that holds trucking companies and their drivers accountable is not implemented.

Stopping Distance For Trucks

Thu, 15 Mar 2012 09:17:19 -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.

Tractor-trailer combinations can take up to 335 feet to stop from 60mph on a typical Texas highway. Factors such as road type, load weight, condition of brakes and human factors can all add to the stopping distance of a big rig.

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 by two NHTSA project engineers in the ongoing fight to prevent 18 wheeler accidents.

Semi Truck Conspicuity

Sat, 10 Mar 2012 08:19:08 -0600

The ability to perceive danger on a dark highway can be a critical factor in avoiding a serious injury or wrongful death truck accident. For the motoring public the ability to identify not only the tractor, but the trailer of the large rig and the ability to appreciate the position of the tractor-trailer and its speed can be very important to avoid an accident.

There are many semi truck accidents that happen at night due to a big rig being pulled onto the road or turning off the road across and the highway. If the approaching passenger vehicles are unable to adequately see the trailer it can lead to a very serious deathtrap and give them little, if any time, to take evasive maneuvers.

Underride Truck Accidents

Underride accidents frequently happen at night when the passenger car or pickup truck does not adequately see the trailer crossing the roadway or is unable to avoid the trailer. When the car or pickup truck goes "under" the trailer the top portion of the faster car pickup truck usually is severed. When you couple a lack of conspicuity with inadequate underride protection the public is clearly at risk.

Underride accidents also can take place when a big rig jackknifes across the roadway and effectively blocks the road from the vehicles coming in either direction.

Making trucks more visible can be accomplished very inexpensively through either reflective tape that can be purchased for a few dollars or more formal warning stickers that make the tractor-trailer more visible particularly at night. There are specific regulations that deal with reflective materials on trucks and after a serious truck accident at night and inspection should usually be conducted of the big rig to see if it complies with the regulations.

With underride accidents or accidents caused by lack of conspicuity, the Baumgartner law firm provides experienced and knowledgeable legal assistance to truck accident victims. We take great pride in our fight for maximum compensation for our clients.

To speak with a Texas trucking accident attorney with over 25 years experience call Greg Baumgartner toll-free at 1-866-758-4529 or contact us by filling out the form on this blog for a free no obligation, no hassle consultation. You will pay us nothing unless we are successful in obtaining compensation for you.

Verdict Potential of 18 Wheeler Accidents

Mon, 05 Mar 2012 14:39:06 -0600

Semi-truck accidents are especially appalling for victims and their families - whether or not the individual survives. All involved face emotional trauma, physical rehabilitation and the truth that the experience is impossible to erase from one's memory. An 18 wheeler accident is or can be life-altering for everyone. All of this should be kept in mind when you hear about what sounds like inordinate settlements. Recently reported:

*In one case, a semi-truck driver that fell asleep at the wheel and smashed into an automobile being driven by an elderly man and his wife who were on their way home from a family visit. Both the man and his wife were killed. The driver was found guilty and the family was awarded nearly three million dollars.

*A semi-truck traveling on the highway lost a tire. It went flying through the air actually and smashed through the windshield of a nearby car. The driver of the automobile was killed instantly. The trucking company settled out of court for a substantial sum.

*The new law banning texting and driving by semi drivers has not been in effect that long. Prior to this law's enactment a semi-truck driver could be seen texting and driving (later confirmed by his phone company) and did not realize the traffic was stopped before he drove through the back of an SUV - killing the driver and passenger. The family was awarded a large verdict.

Only someone who has not had to face the realization that their loved ones were killed in a semi-truck accident would believe that awards in the millions of dollars is too extreme. I've no doubt the family would gladly give back that money - and more - just to have their loved one back with them.