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.

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. An aggressive driver is one who operates his or her vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others.

Aggressive driving is often triggered by trivial disputes and includes such things as refusing to allow a motorist to pass, obscene gestures, horn blowing, tailgating, and failure to obey traffic laws. Aggressive driving is different than “road rage.” Road rage usually involves a driver breaking a criminal law, such as by shooting a gun at another driver who cut him off. However, aggressive driving can be just as dangerous, to both the aggressive driver and those with whom he shares the road.

You can protect yourself from the hazards posed by aggressive drivers by allowing yourself extra travel time to arrive at your destination so you do not have to hurry, by avoiding stress, and by remaining calm in traffic. The best way to avoid being the target of an aggressive driver is to practice basic traffic courtesy. Assume the best of other drivers, and assume if they make a mistake that it is not personal. Avoid conflict if possible (even if you are in the right) and carefully consider the possible consequences before you react. Finally, call 911 to report unsafe or aggressive drivers. The risks and consequences of aggressive driving are great, and you should take care to be neither a perpetrator nor a victim.

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.

Last week after sustaining injuries in a Dallas car wreck, a mother and her baby were taken to an area hospital to be treated. The Dallas car wreck occurred when, according to police officers on the scene, the woman hit a vehicle as she was making a turn onto F.M. 1417 from S.H. 11.

The woman was driving a small SUV, and she and her child did not sustain any life-threatening injuries from the Dallas car wreck even though they were taken by air ambulance to the hospital.

Don’t Be a Dallas Car Wreck Victim

A Dallas car wreck can happen at any time. Those who are involved in a Dallas car wreck can suffer serious personal injury, and in some cases wrongful death can happen. Driver negligence, exhaustion and faulty brakes are all things that can cause a Dallas car wreck. Regardless of the cause of the wreck, it’s essential that you contact an experienced Dallas car wreck lawyer if you or a loved one have been involved in a Dallas car wreck so that you can find out what should be done next. You may be entitled to compensation, and a good Dallas car wreck lawyer will fight to get you what you deserve.

Hiring a Dallas Car Wreck Lawyer

Hiring a Dallas car wreck lawyer can help you figure out what to do next. Dealing with insurance companies and medical bills can be overwhelming, but an experienced Dallas car wreck lawyer will know how to fight for your rights and get you the compensation you deserve.

If you or a loved one have been involved in a Dallas car wreck, don’t hesitate to contact the law firm of Street & Ragsdale for a free case evaluation.

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.

* 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.

Sadly, a Dallas motorcycle wreck is becoming more of a common occurrence. This year, there have already been 10 Dallas motorcycle wrecks, and four motorcycle deaths in Richardson, which is north of Dallas. Still, the year isn’t yet over, and police are expecting more fatalities.

Figuring out just why there have been so many Dallas motorcycle wrecks this year wasn’t difficult. Simply stated, there are just more motorcycles on the road. So more motorcycles mean the chances are greater for more motorcycle wrecks and car wrecks.

The increase of motorcycles on Dallas roads, along with roads all over the nation, can be explained by higher gas prices. People are trading in their cars for motorcycles since they get much better gas mileage. The Texas Department of Public Safety’s motorcycle safety unit warns that this surge in motorcycle use means there is an increase in Dallas motorcycle wrecks.

The growing Dallas motorcycle wreck death number is not unique to Texas, though. Across the state, 405 people died in motorcycle wrecks last year. That’s up from 295 motorcycle wreck deaths in 2004. Some suggest that perhaps motorcycle riders aren’t getting enough training, and they are unprepared to be on the roads on a motorcycle. With the surge in popularity of motorcycles because of soaring gas prices, there’s often a wait of several months to get into a motorcycle safety class.

If you or a loved one has been in a Dallas motorcycle wreck, you no doubt know the pain and suffering that comes along with it. So don’t hesitate to get help. Dallas motorcycle wreck lawyers at The Law Offices of Street and Ragsdale are experienced in dealing with these cases. The initial consultation is always free, so be sure and contact a personal injury lawyer at Street and Ragsdale as soon as possible to discuss your Dallas motorcycle wreck and what steps should be taken next.