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 the STREET LAW FIRM, your Fort Worth/Dallas car crash lawyer team.

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 law experts 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.

Last weekend, a Dallas car wreck resulted in the death of a 22-year-old man. It was a two-car wreck that happened near the Galleria Mall at around 10am on Sunday morning. A Dodge truck ran a red light at the Alpha Road and Dallas Parkway intersection, striking the victim’s car and subsequently hitting another car before it stopped.

The driver of the truck was not arrested or ticketed, but the case is expected to be referred to a grand jury in Dallas County.

Dallas car wrecks like this one can happen anywhere, anytime. And the outcome can often be very tragic, just like this one. The sad truth is that personal injury and death rates are on the rise when it comes to car wrecks. In fact, for people ages 4 through 33, they are the leading cause of death. In 2000, there were 41,821 people who died in car wrecks. And in those same car wrecks, the number of people injured was 3,189,000.

Dallas Car Wreck Personal Injuries

Dallas car wreck personal injuries are nothing short of serious. Painful emotionally as well as physically, personal injuries can have a tremendous effect on a person, along with their friends and family. Wages can be lost, medical bills can pile up and a person’s life can just plain not be the same as it was before the Dallas car wreck.

Wrongful Death and Dallas Car Wrecks

Dallas car wrecks can not only cause serious personal injuries, but they can result in wrongful death. If you know someone who suffered a wrongful death because of a Dallas car wreck, don’t hesitate to get help. A Dallas car wreck lawyer at the STREET LAW FIRM can discuss your case with you and decide the next step to take.

If You’ve Been Injured in a Dallas Car Wreck

If you’ve been injured in a Dallas car wreck, it is imperative that you seek help from a qualified personal injury lawyer as quickly as possible. The experienced, knowledgeable car wreck lawyer team at the STREET LAW FIRM have what it takes to fight for your rights. Contact them today to have your case evaluated for free.

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.

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.