Fort Worth Injury Attorney Blog

The Texas Supreme Court ruled against the parents of a man who lost his life driving for an oil company. By doing so, the court raised the bar for other families attempting to be compensated after a fatal truck driver crash. The court limited families to the paltry funds provided by the Texas Workers Compensation Act. That law sets up an exchange where a limited amount of money is paid to an employee and family in exchange for them giving up the right to sue the company for its negligence. The Act is the exclusive remedy for on-the-job accidents. However there is an exception if the injury was intentionally caused by the employer and was substantially certain to happen.

What caused this fatal truck driver crash to happen?

Fabian Escobedo, 48, had safely driven his company's oil tanker for many years. One morning at 3:00 a.m., after working an astonishing 138 hours in the last eight days, he drove off the road, hit a pole, rolled over, and tragically lost his life. He had presumably fallen asleep at the wheel, a common problem for commercial truck drivers. Many trucking companies dispatch their vehicles with inexperienced, overworked, and tired drivers at the wheel. The trucks can also be carrying unsafe and overweight loads. As a result, over 5,000 commercial trucks were involved in a deadly crash last year. Fatal collisions have happened more frequently during the oil and gas boom across Texas. After a deadly collision with an 18-wheeler or company vehicle, it is essential that a family hire the best truck accident lawyer if a family member tragically loses their life.  More information about the steps someone should take is here: Fatal commercial truck crash in Texas: what to do

The lawsuit

Mr. Escobedo's parents filed a lawsuit against Mo-Vac Services to collect damages under the Texas wrongful death and survival statutes. They produced evidence that the company forced its drivers to work many more hours than the number permitted under the hours of service rules established by federal and state law. This fatal truck driver crash happened in 2012 in south Texas when oil companies could not find enough drivers to meet the huge demand. Mr. Escobedo's supervisor said that some drivers worked almost 24 hours a day. Their trucks had no sleeper berths. Their ability to sleep was minimal. The company's management made the employees falsify their logbooks and fired them if they objected. Now logbooks have to be recorded electronically on apps like this one to prevent blatant fraud. Mr. Escobedo's parents argued that Mo-Vac knew that forcing Mr. Escobedo to drive these excessive hours made the collision substantially certain to occur. In addition, they showed that their son had suffered "conscious pain and suffering" before his death. Mo-Vac filed a motion for summary judgment to dismiss the lawsuit which was granted by the trial court. The plaintiffs appealed.

The appeal to the Court of Appeals

The Corpus Christi court denied most of the parents' claims. However it remanded the case to determine if their son had suffered conscious pain and prior to his death that would permit damages under the Texas survival statute. Mo-Vac appealed.

The decision from the Texas Supreme Court

The Supreme Court ruled in favor of the company and made it virtually impossible for an employee or their surviving family to obtain damages after an on-the-job injury or death. Damages can be awarded if the business (not the employee or safety experts) believes "that its actions are substantially certain to result in a particular injury," not just "highly likely to increase overall risks to employees." The concurring opinion filed by Justice Guzman notes that these events will not satisfy this onerous standard:

• Failing to provide a safe workplace;
• Removing safety guards;
• Requiring long hours;
• Failing to train for a dangerous job; and
• Proving gross or willful negligence.

Justice Guzman also wrote that the state legislature must amend the Texas workers compensation act and allow the deceased worker's parents to be paid benefits. Mr. Escobedo had no spouse or children.

Overtired truck driver cases

Many commercial truck drivers work more than the law allows. Drowsy drivers cause many car and truck crashes. After an 18-wheeler collision, the personal injury lawyer obtains evidence to prove that the commercial truck driver was negligent. Violations of safety regulations and hours of service rules can be the key to winning the case. Key evidence includes driving records, cell phone calls, texts, GPS information, emails, truck inspections, bills of lading, and credit card receipts. Every truck collision needs to be investigated by an experienced commercial truck accident lawyer. He needs to determine what caused the wreck to happen so that the individual and their family can be properly compensated for their damages and prevent other collisions from happening. Berenson Injury Law has represented individuals who have been injured and the families of those who were in a fatal truck driver crash in Texas for over 40 years. For a free evaluation of a truck accident, please contact Texas truck wreck lawyer Bill Berenson. More posts on this subject: Truck driver fatigue: a deadly danger How good truck investigation can win case Tractor trailer crashes have to be stopped

We have a serious problem on our interstates that no one is talking about. Trucking companies can't find enough people who want to drive at the same time truck demand is at an all-time high. Fewer long haul drivers means longer hours for those who are driving. This means more cases of driver fatigue-- and more crashes - even though personal injury lawyers are filing more lawsuits to try to make our roads safer.

What is causing America’s trucker shortage?

Even though trucking companies are paying much higher wages due to the trucker shortage, fewer people are wanting to drive big rigs. Industry leaders say they need to find 200,000 truck drivers, but are only able to add 50,000. Truckers are leaving in record numbers with few wanting to take their place. Several reasons are to blame. Millennials don't want to drive big rigs. It can cost up to $8,000 to get a commercial driver's license. It is grueling and boring to drive an 18 wheeler all day long. Many drivers are reaching the age of retirement. And there’s also the issue of safety. Time Magazine listed truck driving as the seventh most dangerous occupation. With too many trucking companies not following safety regulations, driving for everybody has become more dangerous.

Why the shortage of drivers has increased the number of crashes on our roads

As trucking companies try to make the greatest use of their vehicles and workers, the added stress reduces safety for other drivers on the road. More trucking companies are lowering their hiring standards to get new drivers. The trucking industry is even trying to reduce the minimum age from 21 to 18 (now that's something we are all comfortable with, right?). Companies are pressuring their drivers to work longer shifts. Truckers who are want to make more money and get back home quicker push themselves to drive faster and more dangerously. The trucker shortage has had a huge impact on the number of fatalities involving large trucks. In 2017, the number of large-truck fatalities rose to 4,761, almost a 10% increase over the previous year. During the same time period, fatalities involving other vehicle crashes decreased by 2%. It’s a problem that experts expect to get even worse during the coming years. More lax regulations and high turnover rates will continue to increase the fatality and injury rates. America’s trucker shortage couldn’t have come at a worse time. Almost everyone is buying things online, leading to increased deliveries. Mega companies like Walmart and Amazon are using substantially more trucks. Unfortunately some companies are putting profit ahead of safety.

What causes commercial truck crashes?

These are the most common ones that we see:

• Speeding
• Tailgating
• Driving while tired
• Using cell phone
• Reckless driving
• Driving while intoxicated/under the influence
• Driving overloaded truck

Sometimes the trucking company is also to blame. The employer might hire a driver who has an unsafe driving record or a history of previous accidents. The company may have poorly maintained the tractor-trailer or practice policies that result in unsafe driving practices. Some know that drivers were manipulating their logbooks to cover up hours of service violations, although the new required electronic logs will prevent this.

Commercial truck crash victims may collect substantial damages

Texas and federal law allows those who have been hurt by careless truck drivers to be paid for their damages, including medical bills, lost wages, and pain and suffering. Commercial trucks almost always have minimum insurance amounts of $750,000.

What you should do if you have been in a collision with a large truck

Hire a good truck accident lawyer. He is trained to know what to do to get you the maximum results. When we are hired to represent someone who has been injured by a truck driver, these are some of the actions we immediately take:

1. Get the police report and find out the critical information about ownership of the vehicles, driver, and amount of insurance available;
2. Get photographs and scene information;
3. Get eyewitness statements;
4. Speak to the police officers;
5. Work with an accident reconstructionist;
6. Make sure evidence is not altered;
7. Try to inspect the tractor-trailer and conduct a black box download;
8. File suit (and obtain a restraining order if necessary); and
9. Make sure that our client's injuries are being treated by doctors.

Call Berenson Injury Law for help

Berenson Injury Law has been committed to helping people injured in truck and car accidents for the past 38 years. If you have been injured by a crash involving a large truck, contact Berenson Injury Law. We will explain your rights and work hard to get you the compensation you deserve.

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