Texas Truck Accident Lawyer Blog

With the tornadoes and rain we've had in the area lately, what is the impact on a Texas trucking collision if hazardous conditions are involved?

Hazardous driving conditions can be caused by many factors including

• Weather conditions causing slippery roads, flooding, or fallen rocks;
• Poor visibility due to sun glare, rain, snow, fog or improper lighting
• Road design or maintenance issues, including blocked signs, insufficient signage, potholes, drop-offs, bumps, narrow roads and shoulders, insufficient merge zones, and construction related hazards; and
• Miscellaneous hazards such as debris or obstacles in the road or prior accidents

Continue reading "Truck Accidents in Hazardous Conditions" »

Distracted driving caused two 18 wheelers to collide early this morning in Shreveport.

Steven Everitt, 53, of Fort Worth was hauling empty water bottles when he was rear-ended by another 18-wheeler. The driver, whose name has yet to be released, had to be cut from the wreckage and was pronounced dead at the scene.

Continue reading "Fort Worth Truck Driver Involved in Fatal I-20 Crash" »

The U.S. House of Representatives is again debating a bill that will increase the maximum weight six axle commercial trucks can haul on federal highways from 80,000 pounds to 97,000 pounds.

The proposed law has strong support from the powerful trucking and shipping communities, as could be expected. Fortunately it is opposed by many consumer groups, including the AAA, because larger trucks lead to greater safety concerns, not to mention the negative impact on America's aging bridges and highways.

The main problem with increasing load size is that the bigger the trailer, the bigger the blind spot, the greater the instability, and the longer the braking distance.

Continue reading "Heavier 18 Wheelers To Be Allowed?" »

Here's a tragic story highlighting how dangerous drivers can be around 18 wheelers and fuel trucks, and how it's not always the trucker's fault.

Three and two girls were killed in a fiery crash Sunday at a rural intersection outside of Dumas in the Panhandle. The young male driver of a 2012 Chevrolet Cruze ran the stop sign at the intersection with a Farm-to-Market Road, causing his vehicle to be "t-boned" by an oncoming 2012 Volvo tractor-trailer.

The driver of the tractor-trailer suffered severe third degree burns to his entire body and is in critical care in a Lubbock hospital.

I've handled cases involving oil tanker collisions and they can be grisly. Here is a photo of another Volvo tractor-fuel tanker that crashed into my clients in a Ford Mustang a few years ago. (see third entry down) I filed suit and settled the case just prior to trial for a large sum of money after learning that the commercial truck had been improperly maintained and that its driver was unqualified.

Please contact my office if you have unfortunately been involved in a collision with a truck and have any questions. I'll fight to get you the money you deserve.

One in eight fatal accidents in the United States are caused when tractor trailers crash into other vehicles.

I was just hired to represent a man who fortunately was not killed but was seriously injured, so I thought I'd share a few facts about them to alert you to their dangers. They can weigh 80,000 pounds, take 40 percent or longer than an automobile to stop, create strong wind turbulence, can easily jack-knife, and are sometimes driven by inexperienced, unqualified , or rushed people.

Take extra care when driving near a tractor trailer. Always keep your distance by leaving enough room for braking and maneuvering. Stay out of their blind spots. Be careful when passing. Get out of their way if they are tailgating you.

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A commercial truck driver, Kenneth Hutchinson, 46, from Granbury was killed early today when the 18 wheeler he was driving overturned in the 10000 block of Old Granbury Road near Benbrook Lake in south Fort Worth.

Continue reading "Fort Worth 18 Wheeler Crash Kills Driver" »

I am happy to report that I just met with a client to hand him a large check.

Last year an tractor trailer had passed this gentleman on I30, changed lanes, and caused him to run into a wall. Then the trucker claimed that my client had changed lanes into his 18 wheeler. I sued and made the trucking company pay my client a large amount of money. And I got him even more money when I was able to make medical providers greatly reduce their outstanding medical bills. My client said that he was "extremely happy."

Here are some similar results.

Continue reading "Another Good 18 Wheeler Accident Recovery For My Client" »

LBJ Freeway at Josey Lane in
Dallas was shut down for hours yesterday morning when a tractor-trailer crashed into another car and caused a huge chain reaction. Several people were rushed to area hospitals.

The wreck was typical of Texas 18-wheeler wrecks: it happened during rush hour so more vehicles were affected and was caused by a careless commercial driver.

Continue reading "Dallas 18 Wheeler Accident " »

Juan Garza, 54, somehow crashed his tractor-trailer into a bridge pillar at I-30 and Dolphin Road in Dallas Sunday afternoon.

And the day before an 18 wheeler crashed into the new Margaret Hunt bridge in downtown Dallas, also killing its driver.

What's going on out there?

What caused two professional drivers to crash their 18 wheelers any way? If they were

Continue reading "Dallas 18 Wheeler Accidents Deadly" »

An employee working for LSG Sky Chefs was senselessly killed at the Dallas/Fort Worth Airport on Sunday when he was hit by his own company's truck.

This kind of driving is inexcusable and must be stopped.

The victim, Faustino Delapaz, 53, who lived in Dallas, was pronounced dead at the scene.

The collision occurred about 6:45 a.m. at the loading dock of the LSG Sky Chefs catering facility on the south side of the airport.

Mr. Delapaz was on the south side of the building when he was hit by a large Sky Chefs catering truck.

"It's the kitchen area of the company where they load the trucks with the food," said airport spokesman David Magaña. "The trucks then go to the planes and load them up."

My thoughts and prayers go out to the family of the man who was killed. But collisions like this should not be allowed to happen. I call on LSG Sky Chefs and all companies to hire and train more responsible drivers, monitor traffic at loading docks and on the road, and enforce their safety rules and regulations - or face the consequences.

Yesterday an Oregon jury returned a large verdict against a trucking brokerage company for its negligent hiring of a drug addict. The jury awarded over $5 million, including punitive damages, to the family of a man killed in 2008 because the broker failed to do any due diligence when it hired Washington Transportation to hire drivers to haul goods for bottled water giant Nestle Waters.

The jury was swayed by the fact that the truck driver was coming off a crystal methamphetamine high and fell asleep at the wheel when he crashed his 18 wheeler into the deceased man, who was standing beside his own tractor-trailer inspecting its brakes.

The key evidence was that the trucking broker negligently hired a man who claimed to be operating for Washington Transportation, when it was a company owned by his twin brother. Further, the broker did not carry insurance and had no legal operating authority, statutory violations which had repeatedly occurred in the past. Tje company had no legal authority to transact trucking business due to its repeated and flagrant disregard of the Federal Motor Carrier Safety Administration rules and regulations.

The at fault truck driver served time in prison for negligent homicide and driving under the influence. The trucking broker is no longer in business.

I have handled similar cases where individuals have tragically been killed or seriously injured by commercial truck drivers and have collected damages for the negligent hiring, negligent supervision, and negligent retention against the trucker's company. However it has been difficult to prove negligence against the trucking broker. Here is a new case I will be able to argue, even though it is from an Oregon federal district court.

The National Highway Transportation Safety Administration has just indicated that it may change federal guidelines regulating required stopping distances for all vehicles, including buses, automobiles, semi-trucks and tractor trailers, as well as improving heavy duty brake systems for tractor-trailers.

It can require as many as 335 feet to stop an 18 wheeler traveling at 60 miles per hour, depending on the weight of the load, road conditions, brakes, driver reaction, etc. That is more than the length of a football field.

I have handled many trucking accidents involving serious injuries and deaths which presumably would not have happened, or the injuries would not have been as severe, if these two restrictions had already been in place.

Here is a newspaper article from a case I handled a few years ago:

Victims want help inspecting wrecked oil truck

A hearing is set for Friday to see if an oil company should pay extra costs so attorneys representing a couple injured in a wreck in June can inspect the truck that hit them. The truck has been moved near Abilene.

The hearing will be in the 249th District Court of Johnson County in front of visiting Judge Kit Cooke.

Two women in the June 13 accident remain hospitalized at area hospitals, one in intensive care, attorney Bill Berenson said Wednesday.

Berenson is the attorney for Mary and John Reutter of Burleson, who both sustained serious injuries when an oil tanker truck driven by Ismael Villarreal, 41, of Abilene failed to stop in the southbound lane of Interstate 35W near the Briaroaks overpass and collided with two vehicles, creating a wreck with four other vehicles.

A fire from a burning hay truck had slowed traffic that afternoon, but Villarreal, ran over the back of the Reutters' 2002 Ford Mustang convertible, according to a police report compiled by Burleson Cpl. Sean Bolton.

The tanker then struck a 2003 Toyota RAV4 driven by Donna Ferolito, 32, of Austin. The force of that impact forced Ferolito's vehicle into a 2003 Jeep Cherokee driven by Diane Bogart, 50, of Burleson, and the Jeep was forced into a 1993 Ford pickup driven by Salvador Lopez, 23, of Alvarado.

After striking the Reutters' and Ferolito's vehicles, the trucker careened off the highway and drove until he crashed into a tree on the far side of the first crash, Berenson said.

Bolton cited Villarreal for following too closely. Ferolito and Mary Reutter, 60, were both transported by CareFlite to Fort Worth hospitals. John Reutter, 64, was transported by ambulance to the same hospital as his wife. He has been released.

The most seriously injured, Mary Reutter broke several bones in her upper body, suffered a punctured lung and remains in jeopardy of losing an arm due to nerve damage, Berenson said. She was driving the couple's convertible and the top was down.

The Reutters had just moved from Florida to avoid more hurricanes. They planned to build a home in southern Fort Worth.

Berenson said John Reutter told him the accident has ruined their lives.

The Reutters hired Berenson to represent them. A lawsuit has been filed for damages and pain and suffering as the victims continue to recover, but an emergency hearing has been planned to make sure the rig can be inspected.

In the meantime, the company who owns the tanker, United Petroleum Transports of Houston, moved the rig to near Abilene, out of reach of local accident investigators as they try to investigate the case and discover why Villarreal never applied his brakes as he struck the vehicles, Berenson said.

"The company, for no apparent reason, suddenly and without notice removed the vehicles to a location west of Abilene before such an inspection could proceed," the lawsuit alleged.

The lawsuit includes Villarreal's employers, L&L; Inc., which owned the truck.

The lawsuit argued the Reutters' attorneys have the right to inspect and test the tractor and tanker in Fort Worth, where it was first towed, or Burleson, where the collision occurred. Berenson said he is concerned that before an inspection can occur, the evidence will be repaired, altered or destroyed.

Berenson said United Petroleum has a facility in Euless, which would be close enough.

"Moving the vehicles west of Abilene obviously places a significant and entirely unnecessary financial burden on the Reutters and Ferolito, which may indicate the motivation behind this action," Berenson said.

Berenson said an accident reconstruction expert has warned that he will have to charge significant additional expenses to drive round trip to Abilene for that part of the investigation.

With attorneys for all parties working in the Dallas-Fort Worth area, Berenson said it would have been quicker and cheaper to conduct the inspections locally, similar to costs for the other affected vehicles.

The lawsuit asks the judge to charge United Petroleum the additional expense if the inspection has to be held in near Abilene.

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Please call me for a free no obligation telephone or personal consultation. I am an experienced Texas 18 wheeler accident attorney with over 30 years of experience. My number is 817-885-8000 or toll free at 1-800-801-8585.

The U.S. Transportation Department has just revised the hours-of-service requirements to cut down on fatigued 18 wheeler truck drivers.

The new rule reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period.

In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. .

The regulation retains the current 11-hour daily driving limit.

Truck drivers who maximize their weekly work hours must now take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m.

Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.

Commercial truck drivers and companies must comply with the rule by July 1, 2013.

Here's the math:

(11 hours) Monday 12a-11a

(11 hours) Monday to Tuesday 9p-8a

(11 hours) Tuesday to Wednesday 6p-5a

(11 hours) Wednesday to Thursday 3p-2a

(34 hour reset) Thursday 2a to Friday 12p

(11 hours) Friday 12p to 11p

(11 hours) Saturday 9a to 10p

(11 hours) Sunday 8a to 9p

(11 hours) Monday 7a to 6p

Here is an excellent column in today's Dallas Morning News that I wanted to share. Congratulations to my friend, Dallas lawyer Todd Clement, for his hard work fighting to stop truckers from driving while using cell phones and texting.

I just settled a large case where an 18 wheeler crashed into my client's vehicle which was at a complete stop on an interstate, because the trucker was on his cell phone and not paying attention to the road conditions ahead of him. This is a picture of her SUV.

by Steve Blow

It was more like an explosion than a collision. The work truck's cruise control was set at 71 miles an hour and the driver never touched the brake.

A car ahead of him was stopped in the highway, waiting to make a left turn. A 30-year-old woman and her 82-year-old grandmother were killed in an instant.

"The driver said, 'I never saw them.' And though he would dispute it later, in the aftermath of the accident, he told an EMS driver that he was texting prior to the wreck," said Dallas lawyer Todd Clement.

Clement represented the family of the women killed last year outside Sherman. He won a confidential settlement for them from the other driver's company. And Clement has been on a national campaign ever since to ban cellphone use in moving vehicles.

"This case affected me more than any other in my life," the 49-year-old lawyer said. "A 3-year-old and a 9-year-old lost their mom. A husband lost his wife of 62 years and had to go into a nursing home immediately after the accident."

On Tuesday, the National Transportation Safety Board unanimously recommended that states outlaw cellphone use while driving. And Clement supports that move. But he travels the country urging a step that would have a huge and much more immediate impact.

"Businesses have to ban this activity. That's the only way they can protect themselves," he said.

That goes against the tide, of course. More and more of us use our vehicles as mobile offices. The driver who hit Clement's clients worked for Cable ONE, a major provider of cable, phone and Internet service. He drove a pickup owned by the company.

But whether involving a company vehicle or not, the law is clear that a business is liable when an employee on the job causes an accident, Clement said. And cellphone use not only makes a crash far more likely, it also increases the likelihood of being found at fault, he said.

And this is an area where juries seem especially eager to issue "send-a-message verdicts," he said -- turning their displeasure over cellphones into huge monetary awards.

A 2009 Virginia Tech study concluded that cellphone users are at least six times more likely to be involved in a fatal crash.

A Texas Transportation Institute study released in October found that texting drivers were 11 times more likely to miss visual cues.

Hallelulah!

The FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations and the Hazardous Materials Regulations to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles.

By preventing tractor-trailer drivers from using hand-held cellular phones, these new rules will obviously improve safety on the nation's highways by reducing the prevalence of distracted drivers. Distracted drivers are the number one cause of crashes, fatalities, and injuries caused by drivers of commercial vehicles.

The agencies are also implement new driver disqualification sanctions for drivers of vehicles who do not to comply with this restriction and new driver sanctions for holders of commerical driver's licenses who have multiple convictions for violating a State or local laws that restricts the use of hand-held mobile telephones while driving.

Motor carriers are now also prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones.

I applaud these agencies for their commitment to protecting the welfare of innocent drivers everywhere. I have represented too many people who have been injured as a result of truck drivers either talking on cell phones or texting while driving -- while hurling down our roads in big rigs.

When I file suit in these 18 wheeler cases, I subpoena the driver's call logs from the cell phone carrier to prove that he was talking instead of caring about what he was doing.

I recently concluded a case where I was able to prove that the trucker had been calling on his cell phone immediately before he crashed into the rear of my client's pick up truck, seriously hurting him and his wife.

If you've been hurt in a wreck, call my office at 817-885-8000 or fill out this form for a free evaluation. The sooner I start working on your case, the sooner I can start collecting time-sensitive information to help you get the maximum amount of money possible.