We all know the feeling: that uncomfortable tightening of the chest we get when we look into our rearview mirror and see an 80,000‑pound 18‑wheeler truck barreling down on our back bumper. This feeling is not entirely irrational. According to federal statistics, such trucks cause thousands of collisions each year. Given a truck’s size and weight, common sense tells us that a collision between a big rig and a car—or even an SUV—is likely to turn out badly for the car or SUV.

In a collision between a truck and a passenger automobile, the fatalities occur in the automobile 98% of the time. To put concrete numbers on the problem, in 2004, such crashes killed almost 5,200 people (12% of all traffic fatalities) and injured 116,000 more. This is the equivalent of 25 fully loaded jumbo jets crashing every year.

Some of the reasons are obvious: Trucks are bigger, heavier, and longer than cars; they need more room to maneuver; and they take a lot more road to come to a stop. Many collisions involving trucks are caused by the same things that cause run‑of‑the‑mill car accidents: poorly maintained trucks, speeding, overly aggressive driving, failure to yield the right of way, or bad driving conditions caused by rain or snow, etc. However, there are many other causes of these collisions, causes that are very avoidable.

One of the biggest causes of crashes is excessive truck size. Federal law currently limits trucks to no more than 80,000 pounds in weight, but an 80,000‑pound truck is more than twice as likely to be involved in a fatal accident as a 50,000‑pound truck; furthermore it causes more “wear and tear” to the roads.

Trucks are also getting longer, with the industry‑standard trailer having grown from 40 feet long in the 1960s to 53 feet long today. Longer trucks mean larger blind spots, resulting in more accidents. Additionally, many roads (including interstates) were designed when trucks were shorter, and their ramps and merge lanes were not designed to handle today’s longer trucks. As a result, these trucks cross over into other lanes of traffic, increasing the danger of a collision.

Larger, longer, and heavier trucks require more braking time, meaning that they are more likely to be in a collision because they cannot stop. For example, a truck weighing 100,000 pounds can take up to 25% longer to stop than one weighing 80,000 pounds.

Other truck‑related collisions are caused by a driver’s inexperience in operating a particular kind or size of truck. Still other collisions are caused by tired truckers who have been on the road for too long and are fatigued, an increasing problem with the deregulation of the trucking industry, changes in the ways goods are shipped to a “just‑in‑time” delivery system, and even recent changes in the rules governing how long a trucker may drive before he is required to stop for a rest.

Suits involving truckers are often more difficult to prove than other kinds of collision suits, for several reasons. First, it may be difficult to find the trucker after the collision. The nature of a trucker’s job means that he might be involved in a collision in a state far from where he lives and to which he will never return.

Trucking companies are also very skilled in defending themselves against negligence claims (which, to them, are just a part of doing business), and they can be very aggressive in denying claims, because every dollar that they pay out in compensation to accident victims is a dollar that does not go into their pockets.

Finally, most commercial big‑rig accidents involve far more parties than the typical fender bender (the driver, the trucking company, multiple other drivers, the shipper(s), the insurance adjuster, and the insurer, just to name the most common), and the legal relationships among all of these parties can be difficult to unravel.

A person who has been involved in a collision with a trucker is entitled to recover an amount necessary to compensate him for his injuries. This amount may include compensation for such items as medical bills, time lost from work, pain and suffering, mental anguish, disfigurement, and loss of earning capacity. The complexity of these cases means that you should consult an experienced attorney and should NOT rely on the trucking company’s insurance adjuster to look out for your interests.

Call us if you or a loved one has been involved in a big‑rig collision. We will be happy to discuss the matter with you and work to get you the compensation that you deserve.

Of all of the causes of truck collisions, one of the most preventable gets the least press: driver fatigue—in other words, tired truckers.

Although federal law both limits the maximum number of hours that a truck driver is supposed to drive and prohibits truckers from driving if they are “impaired through fatigue,” the fact is that more and more big‑rig drivers are taking to the highways without enough sleep. There are several reasons for this, including the relaxed industry regulation that has resulted in less‑experienced truck drivers on the road.

Before 2004, the federal government allowed truckers to drive no more than 10 consecutive hours. Statistics from the Federal Motor Carrier Safety Association (FMCSA) showed that the number of fatigue‑related crashes jumped dramatically after eight hours of driving and continued to increase through the 10th hour allowed. Despite this evidence, the federal regulations were changed in 2004, and truck drivers are now allowed to drive up to 11 consecutive hours, meaning that there are more tired truckers on the road than ever.

As you might guess, the number of fatalities caused by large trucks increased in 2004 and 2005, with fatigue cited as a factor in 20% more accidents than under the old law. Interestingly, the FMCSA’s failure to consider the obvious (more time driving = more driver fatigue) has been cited by at least two federal courts that are considering whether these regulations should be allowed to continue.

The deregulation of the trucking industry has also resulted in increased competition among trucking companies, increasing the pressure on drivers to complete their routes quickly. Finally, changes in the ways that goods carried by trucks are distributed, such as the increased use of “just‑in‑time” delivery, have resulted in tighter deadlines for truck drivers than was the case in the past.

Taken together, all of these factors mean that the pressures on truck drivers to ignore the law and complete their deliveries, even if they are too tired to drive safely, will only increase.

The flowers are blooming, heralding the arrival of spring and the Spring 2009 Texas Law Alert! This table-of-contents article and the following short blog entries are all part of this winter’s Alert. Easy-to-read tips and articles on common legal questions make up each Texas Law Alert, a free service from Street and Ragsdale, your Fort Worth/Dallas car crash lawyers.

WE PREFER YOU TO REFER!

The time following a car crash or personal injury is often difficult. There are many things to take care of. Hiring a good lawyer is one of them.

You can trust our personal injury lawyers and our track record of winning cases and recovering settlements. If you or a loved one has been injured in an accident, call us. We will aggressively represent you and make sure that you are justly compensated for your injuries.

PREVENTABLE INFECTIONS ON THE RISE

According to the federal Centers for Disease Control (CDC), patients in American hospitals come down with over 2 million hospital-acquired infections each year, 90,000 of which result in death. Given the lack of news coverage regarding the number of deaths caused by infections, it could be called a silent epidemic.

MEDICARE LIMITS PAYMENTS FOR TREATMENT OF INFECTIONS

In a potentially helpful development, the federal government has passed new rules that limit the payments Medicare will make to a hospital to pay bills incurred in treating preventable infections and medical errors the hospital should have avoided.

AGGRESSIVE DRIVING

As roads become more congested and people’s lives become more hectic, aggressive driving and the dangers associated with it increase. Aggressive driving is the combination of unsafe and unlawful driving actions that show a disregard for safety.

CARBON MONOXIDE POISONING

Carbon monoxide (CO) is a colorless, odorless gas given off by fuel-burning appliances such as gas heaters and gasoline-burning engines. According to the CDC, about 500 Americans die every year from CO poisoning not related to a house fire, and more than 15,000 are injured.

COMMON TREATMENT TIED TO JAW PROBLEMS

According to a recent university medical study, a drug commonly prescribed to treat osteoporosis in women may have the unintended side effect of causing a serious jaw disease.

DANGEROUS PRODUCTS MADE IN FOREIGN LANDS

A few years ago, the news was full of stories of toys being pulled from shelves for dangerous levels of lead in their paint. Anyone who was injured by these dangerous toys certainly has a claim against the manufacturer, but asserting a claim is often difficult, especially if the factory that made the product is in another country.

KNOW ABOUT THE “NO-ZONE”

All drivers should be aware of the “no-zone,” the area on the sides and rear of 18-wheelers where the truck driver cannot see a car.

All drivers should be aware of the “no-zone,” the area on the sides and rear of 18-wheelers where the truck driver cannot see a car. This dangerous area is easy to locate: If you can’t see the driver of the truck in his mirror, then he can’t see you.

The no-zone is dangerous for two reasons. First, if the truck driver cannot see you, he might try to pull into your lane, causing a crash. Second, if you drive in the no-zone, the truck and its trailer cut off your view to the side and reduce your view to the front, making it harder to avoid accidents.

If you are behind a truck, stay out of the no-zone so that the driver can see you. If you are passing a truck, do not linger in the no-zone–get through it as quickly as you can while still driving safely. Remember: No matter who had the right of way, when an 18-wheeler and a car collide, the car always loses.

Since they were introduced in the early 1970s, ATVs (all terrain vehicles) have become increasingly popular. With this popularity comes an increasing number of accidents and injuries—according to the Consumer Product Safety Commission, approximately 136,000 injuries and 700 deaths occur every year. It might not surprise you to learn that Texas has the dubious distinction of leading the nation in these injuries.

Design Problems

The reason ATVs are so dangerous has a lot to do with their design. They have no frame protecting the operator in the event of an accident. They ride on large, low pressure tires that can have difficulty gripping the rough terrain over which they travel. They are stopped by hand operated brakes, which can lack sufficient power and can cause ATVs to overturn as they stop.
ATVs have relatively large engines for their size and weight, which means they can travel as fast as 70 mph, often across broken, uneven terrain. Although ATVs are not designed for passengers, it is possible (even easy) for people to jump on—people who will be injured if there is a crash. Earlier three wheeled ATVs were less stable than the current four wheeled versions, but even the four wheeled models can be top heavy and prone to serious rollover accidents. Even on roads and flat surfaces, ATVs can be unstable.

Consent Decree

As the result of safety concerns expressed by the federal government, ATV manufacturers entered into a consent decree in 1988. In this decree, they agreed to halt production of three wheeled ATVs, to provide safety training for new owners, to place warning labels on their products, and to make recommendations about what size of ATV is appropriate for different age groups. Although this consent decree expired in 1998, ATV manufacturers have pledged to continue to follow most of its provisions, although the government can no longer force them to do so.
Despite these improvements, the number of injuries and deaths per year attributable to ATV accidents continues to rise. To some degree, this is because ATVs continue to become more popular, and more people ride them. However, another reason for the increase in injuries and deaths is that ATV makers are building more powerful ATVs and marketing them to younger and younger children.
The latest marketing gimmick is the so called “transitional” ATV, one that is sized between the smaller ATVs intended for children and a full-sized adult ATV. ATV makers claim that these ATVs are more appropriate for the 14  to 15 year old age group, but critics note that bigger ATVs with bigger engines undercut the messages conveyed by safety training and other warnings, increasing the likelihood of injuries.
In addition to making more powerful ATVs, ATV makers have fought any attempt to impose regulations on ATV ownership or use (such as age limits and mandatory helmet laws). With the expiration of the 1988 consent decree, it will take either new laws passed by Congress or new action by federal agencies (such as the Consumer Product Safety Commission) to force ATV manufacturers to pay more attention to safety. Neither of these outcomes appears likely to happen.
Sad to say, the only kind of regulation available to many is the “private” regulation that comes with lawsuits. Enough successful suits may convince ATV manufacturers that the cost of not planning for safety is just too high.
If you or someone you know has been injured or killed while riding an ATV, contact us so that we can help protect your legal rights.

Children are involved in over 45,000 ATV accidents every year. Amazingly, 95% of children between the ages of 12 and 15 who are injured on ATVs (and 65% of younger children) are injured or killed while riding a full size ATV intended for an adult. These full size machines are dangerous for children because they are too big and powerful for kids to control.
Alarmed by the number of injuries and deaths suffered by child ATV riders and passengers, neurologists who conducted a study of ATV accidents involving children issued a call for a number of common sense guidelines, including banning children younger than 16 from riding ATVs and requiring all ATV riders to wear a helmet. Such common sense would reduce the profits of ATV manufacturers, who oppose any such regulation and continue to market ever more powerful ATVs to children.
Regulations or not, if parents allow their children to ride ATVs, they should insist that their children safely ride ATVs of an appropriate size while wearing a helmet. This is not a cure all but should help reduce what is becoming an epidemic of ATV related injuries.

It is worth remembering that sometimes things do work out for the best if you do the right thing. This point was driven home by a recent case involving a Texas truck driver and an unsafe load.
The truck driver was fired because he refused to take to the highways driving a load of steel that was not properly secured and was therefore dangerous. The company’s president told him he could either drive the company’s truck or drive his own truck home. The trucker refused to take the unsafe load and was fired the same day.
The trucker sued, claiming that he was fired solely for refusing to perform an illegal act. At trial, the jury agreed. Contributing to its verdict were a number of facts, including the following:

•    This was not the first time the driver had complained about having to drive a dangerous load.
•    The company admitted that it knew next to nothing about the federal regulations governing trucks and their loads.
•    The driver had previously received a ticket for transporting an unsafe and illegal load, about which he had complained.
•    When another driver took the same unsafe load the trucker had refused to take, part of the load came loose and slammed into the driver’s cab.

The trucking company tried to discredit the trucker’s stance and to portray him as being in it for the money, but the jury credited his testimony that he had been trying to do the right thing and be a good role model for his kids. The jury awarded the trucker $267,000, even though he had suffered only $7,500 in lost wages. Those of us who drive on Texas highways can only hope that the trucking company got the message.

Insurance companies take in billions of dollars of premiums. But when the tables get turned and it’s time for an insurance company to pay you a settlement because you were injured in an auto accident, the insurance company sings a different tune. An insurer will use any excuse to avoid paying a fair settlement, but some of the more common ones are listed below.

1. You were speeding and therefore could not avoid the accident (sung to the tune of Hot Rod Lincoln by Commander Cody)
2. Your car had defective equipment that caused the accident (sung to the tune of Manic Mechanic by ZZ Top).
3. You failed to use a turn signal (sung to the tune of Turn! Turn! Turn! by The Byrds).
4. You were not paying attention before the accident (sung to the tune of Carefree Highway by Gordon Lightfoot).
5. There were no witnesses to the accident except for the passengers in your car. . . and they don’t count. (Can I Get a Witness? by Marvin Gaye).

Don’t let an insurance company give you the old song and dance routine and avoid paying you what you deserve. Call us today and we’ll make the insurance company sing sweet music to your ears.

And is your insurance company one of our Worst Insurance Companies? Maybe you’re smart enough to have picked one of our Best Insurance Companies to insure your car. Find out now!

Automobile Insurance Advice

Most of us who drive know we must have insurance on our automobiles, but not all of us know what this insurance does and does not cover. The following is a basic overview of the kinds of insurance commonly offered in Texas, what each different kind of insurance covers, and some basic points every automobile owner should consider.

Liability

The most important type of insurance is called liability insurance. Every driver is required by Texas state law to have a certain amount of liability insurance. The purpose of liability insurance is to pay for damages caused by you and other drivers of your automobile, including such things as medical bills, car repair bills, lost wages, compensation for pain and suffering, and most other kinds of damages that might be awarded. As of April 1, 2008, Texas law requires drivers to carry so-called “25/50/25″ insurance, which provides coverage of up to $25,000 per person, up to a total of $50,000 per accident, and up to $25,000 for property damage per accident.

PIP

Another common type of car insurance is personal injury protection insurance, or “PIP.” PIP pays the medical bills and lost wages incurred by someone who is injured while driving or riding in your car. PIP is available regardless of who is at fault for causing the accident. Although Texas drivers are not required by law to purchase PIP coverage, insurers are required to offer at least $2,500 in PIP coverage. If the driver chooses not to carry PIP, he or she must reject it in writing.

Uninsured/ Underinsured

A third common kind of insurance is uninsured/underinsured motorist (UM/UIM) coverage. Basically, UM/UIM coverage protects the insured against damages or injuries that are caused by other drivers who (in violation of the law) do not have liability insurance. As is the case with PIP, a driver is not required by state law to carry UM/UIM coverage, but insurers are required to offer it. Also, like PIP, if the driver chooses to reject the coverage, he or she must do so in writing.

Collision and Comprehensive

Liability, PIP, and UM/UIM are very common, and many drivers carry all three kinds, but those are not the only kinds of insurance available. For example, drivers may also choose to purchase collision insurance and comprehensive insurance. Collision insurance pays the costs of fixing your car after an accident, whether the accident was caused by you or by another driver, up to the market value of the car. Comprehensive insurance also pays for damage to your car, but it pays for damage by causes other than collision, such as damage by fire, hailstorm, or theft. Although neither collision nor comprehensive insurance is required by state law, banks and other lenders often require that a borrower buy this extra insurance in order to protect the value of the car.

Other Insurance

Other, even more specialized kinds of insurance may be available. For example, many insurers offer towing insurance, which pays the cost of towing your car to a garage if it is disabled. Others offer rental car reimbursement, which pays the cost of renting a car to use while your car is being repaired for damage covered by some other insurance policy.

How Much Is Enough?

The answer to the question of how much insurance a driver must have is usually an easy one. State law requires all drivers to have at least 25/50/25 in liability insurance coverage. However, the answer becomes more complicated when you reframe the question in terms of how much the driver has to lose.

We recommend that you have additional liability coverage to protect you if you cause an accident. We also urge you to purchase at least the minimum amount of UM/UIM coverage. If possible, have as much UM/UIM coverage as you have liability coverage. For a few dollars more, you can adequately protect yourself and your family. Talk to your insurance agent if you have questions about the coverages that you should carry on your auto insurance policy. And, as always, feel free to contact us if you have additional questions.

* STAY CALM.

* Move yourself and your passengers out of harm’s way. Call the police.

* Assist anyone who is injured. Call for an ambulance if necessary.

* Get the name, address, phone number, and license number of the other driver(s) and car(s). Exchange insurance information. DO NOT discuss the accident (except with the police), but DO make notes of anything the other driver(s) says about the accident.

* Get the names, addresses, and phone numbers of any witnesses.

* Get photographs of your vehicle, contact your insurance company, and write down everything you remember about the collision ASAP.

* Contact our firm to discuss your legal options.