Truck Accident Lawyer Blog : Houston Truck Accident Lawyer & Attorney : Arnold & Itkin Law Firm : 18-wheeler injuries, semi accidents : Texas, San Antonio, Austin, El Paso

Sometimes it’s not a matter of how smart a person is, but rather how well-trained they are.

Consider the case of the truck driver who was crushed and killed between the frame and “dump box” of his truck. When the safety "overtravel" cable between the truck’s frame and dump box malfunctioned after getting caught on a protrusion, thereby stopping the dump box from being raised fully, the driver emerged from the cab of the truck and freed the cable … and allowing the dump box to come crashing down on his head.

Initial reactions might be less than sensitive, but when the Occupational Safety and Health Administration (OSHA) conducted its truck accident investigation into the incident, it determined that the driver was not solely to blame.

The victim in the case, OSHA ruled, “had not received training or instruction in proper operating procedures and was not made aware of all potential hazards in his work. After inspecting the scene, OSHA “issued one citation for one alleged serious violation of its construction standards. Had the required training been provided to the employee, this fatality might have been prevented.”

The OSHA report got straight to the heart of what could be a truck accident lawyers’ case, because while the accident might seem to be a matter of carelessness on the part of the victim, failure to provide a safe work environment — including sufficient training for all procedures and equipment — may be perceived as trucking company negligence. Further, the malfunctioning safety "overtravel" cable would likely be the result of either defective truck equipment supplied by the truck's manufacturer or failure to maintain the truck on the part of the trucking company.

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Truck accident lawyers Kurt Arnold and Paul Skrabanek filed suit on behalf of a man struck by a commercial truck owned by a steel company. The plaintiff was driving near Brookshire, Texas when the truck driver made an illegal turn and struck the plaintiff head on. The incident required that the plaintiff be airlifted from the scene and ultimately required that he have five screws implanted in his severely injured legs. Unfortunately, the plaintiff also suffered injuries to his chest and lungs. The suit is pending in Harris County, Texas.

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Houston truck accident lawyers, Jason Itkin and Mike Tilton, of Arnold & Itkin LLP are pleased to announce that they settled a commercial truck accident case for $935,000.

Arnold & Itkin LLP's clients suffered herniated discs when an 18-wheeler truck slammed into a sedan driven by the plaintiff. Arnold & Itkin LLP claimed that the driver of the semi-truck caused the accident when she went straight in a "turn only" lane. Even though the plaintiff was cited by police for the accident, Arnold & Itkin LLP were able to show that the defendants were at fault by tracking down several eye witnesses who blamed the driver of the semi-truck for causing the accident.

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In New Jersey, a multi-vehicle accident set off by an 18-wheeler left five people dead.

According to reports, the 18-wheeler struck a Buick LeSabre on the New Jersey Turnpike, sending the car crashing into a Jeep; the Buick immediately burst into flames. The occupants of the Buick, two married couples from Passaic and Kearny Counties in North Jersey and another woman, were killed. The three occupants of the Jeep were injured. The crash involved 10 vehicles in all, no other injuries were reported. The 18-wheeler driver, who did not sustain injuries, could possibly face charges.

The accident resulted in severe traffic delays in the area and on the turnpike, which is one of the busiest highways in the country. Investigations are ongoing.

This is an example of the often devastating aftermath of an accident involving an 18-wheeler. Often, motorists involved in such big rig crashes can do very little to avoid a collision. We will have to wait for the results of the investigation to learn why the tractor trailer driver was unable to stop in time to avoid the Buick. Investigators will look into whether the tractor trailer driver was speeding or tailgating the car.

As truck accident lawyers often see in accidents involving large tractor trailers, it is the motorist or the occupants of the passenger vehicle who suffer the most serious injuries. 18-wheelers can weigh up to 80,000 pounds and the impact of a vehicle that size crashing into a small passenger car can be tremendous. Even when there are survivors, injuries resulting from such accidents can be catastrophic.

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On Tuesday, two Faulkner University athletes were killed when their car crashed into an 18-wheeler in Maplesville, Alabama.

Teirson Hollis and Ryne Wilhite were returning to Montgomery from Tuscaloosa when the accident occurred; both died instantly. There are no details about the accident yet. Law enforcement authorities are likely to conduct a truck accident investigation that will include alcohol and drug testing on the driver. Any truck accident that involves fatalities, serious injuries, or the 18-wheeler being towed includes drug and alcohol tests as part of the investigation. The blood alcohol limit allowed for truck drivers is lower than that of passenger vehicle drivers. While the blood alcohol level for the driver of a passenger vehicle is 0.08 percent, for an 18-wheeler driver, it is 0.04 percent. Driving with a blood alcohol level of above 0.04 percent is not only foolish behavior for the driver of an 18-wheeler, but can also result in criminal proceedings.

Investigators will also conduct an inspection of the truck to rule out the role of mechanical defects or malfunctioning parts in the accident.

It can take weeks and months for investigators to complete truck accident investigations, especially when there are fatalities involved. When injured people decide to file civil claims against drivers or trucking companies, 18-wheeler accident attorneys conduct their own investigations. This includes examining driver log books and companies' fleet maintenance records. The investigation process is, typically, extensive and time consuming, and involves looking at a range of aspects – company procedures regarding drug and alcohol testing, driver’s safety records, the hiring process of the company, etc. A truck accident lawyer can help victims through the process.

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Last week, a woman was injured in an 18-wheeler accident in Lancaster County, South Carolina; residents in the area insist the crash was the result of a dangerous highway.

The accident happened when a mini-van tried to turn off highway 75 in Lancaster County on to Hector Road. Apparently, the driver of the mini-van did not see an 18-wheeler that was coming directly toward her. The large truck crashed into the back of the van and then skidded, overturning in the middle of the road. The truck was hauling tons of wood chips, which were strewn across the highway.

Residents near the Indian Land rural road, where the accident took place, insist that the road is particularly risky for speeding big rigs and cars. They claim there is very little patrolling on the road, which results in motorists and 18-wheeler drivers speeding and breaking traffic rules, with sometimes disastrous consequences. However, state troopers have a different story to tell. According to them, highway 75, where the wood chip 18-wheeler accident took place, is no more dangerous than any other road. In fact, it is not in the top 25 on the list of Lancaster County's most dangerous roads. Troopers are placed in heaviest concentration on roads that have a high number of serious or fatal accidents.

Rural roads tend to have less traffic and fewer accidents. However, that does not mean these roads are free of defects. A dangerous highway can go unnoticed when traffic volumes are lower. As neighboring populations increase and the number of passenger vehicles and 18-wheelers using these back roads increases, the risk of accidents also increases. It is important for law enforcement agencies to take into account, not only the number of accidents and injuries that take place on these back roads, but also the increase in traffic volume. State enforcement agencies, however, tend to have their hands tied due to limited staff and resources.

Dangerous Highways

A major accident, one that involves injuries and fatalities, usually works as a catalyst for state agencies to make the road safer. If there is a defective highway in a rural area that seems to have an increased risk of accidents, it is the responsibility of state authorities to post more troopers and take other steps to make the road safer for motorists and truck drivers. There should not have to be serious injuries, fatalities, or involvement of truck accident lawyers for authorities to correct dangerous highway conditions.

If you've been injured due to a dangerous highway, a truck accident lawyer can help you recover from your injuries.

Contact a truck accident attorney, at Arnold & Itkin LLP for a free evaluation of your case.

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Just a week after an 18-wheeler driver was arrested for causing a fatal accident with a school bus, another large truck–school bus accident in Jacksonville, Texas left 15 school children injured.

Last week, the driver of an 18-wheeler that crashed into a Marion County School bus last year, was arrested. That driver, Reynaldo Gonzalez, was reportedly using his cell phone just before or during the accident, which left a 13-year-old school girl dead. Ironically enough Jacksonville’s emergency response team is scheduled to stage a disaster drill next month, and the chosen situation is a school bus-truck accident.

This week, according to an 18-wheeler driver, he was driving at a high speed and was unable to stop when a traffic light turned red. The 18-wheeler ended up broadsiding a bus, full of students from Nichols Intermediate School. At least 4 students were rushed to the East Texas Medical Center - Jacksonville and a total of 15 students were taken to other hospitals in the area. There were a total of 29 children on the bus, all between ten and twelve years of age. The 18-wheeler driver was ticketed for failure to control speed.

Failure to drive at posted speed limits for tractor trailers - which are lower than speed limits for passenger vehicles - is negligent behavior for the driver of a large truck. In the Jacksonville accident, the 18-wheeler driver was driving at 55 mph. If he had crashed into the bus at that speed, police say the tractor trailer could have torn the bus in half and caused multiple fatalities.

As parents of the children who were injured in the Jacksonville 18-wheeler accident thank their stars their children walked away from the accident with minor injuries, trucking lobbying groups are supporting a new bill. The Safe and Efficient Transportation Act of 2009, which would increase the allowed weight limits on 18-wheelers to up to 97,000 pounds, from the current 80,000 pounds, will put larger, heavier, more dangerous trucks on the road.

Truck Safety

Everyday, truck accident lawyers hear from anxious families and victims across the country who have been severely injured in 18-wheeler accidents, unsure about who to turn to. We do not need larger, heavier trucks on our roads, we simply need to ensure that the existing 18-wheelers on our roads are in good driving condition, that drivers are well trained and screened before they are hired, and that the trucking company takes all steps to ensure that drivers follow safe driving practices.

If you or a loved one has been injured due to the negligence of a truck driver or trucking company, a truck accident attorney can help you get back on your feet.

Contact a truck accident lawyer, at Arnold & Itkin LLP you find the answers and resources you need after a truck accident.

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The Safe Highways and Infrastructure Preservation Act of 2009 would preserve highways and prevent 18-wheeler accidents by extending current size and weight restrictions for trucks on all highways. Not too surprisingly, industry lobbying groups, including those representing trucking companies and produce-shippers, are opposing any such legislation.

The bill would keep triple trailers exceeding 80,000 pounds and 53 ft off both, interstate highways and national highways. The goal is to prevent serious accidents involving these large trucks, and reduce the number of serious injuries and fatalities that result from those accidents. Restricting the movements of such large vehicles would also reduce the need for frequent highway repairs.

The trucking industry, which would greatly benefit from having larger and bulkier trucks on the road, is opposing any such bill. They are supporting another piece of legislation which would go the other way and actually increase weight limits on trucks to 97,000 pounds. The Safe and Efficient Transportation Act of 2009 was introduced on March 30th by Representatives Michel Michaud (D-Maine)  and Jean Schmidt (R-Ohio). The bill is being touted by the American Trucking Association who claims the bill will lead to “safer highways, cleaner air” and - the, seemingly, most important factor – cheaper costs of freight transportation. Larger, bulkier trucks would allow trucking companies to ship larger loads on fewer trips, thus saving money. The trucking industry is also pointing to the need for allowing heavier trucks in order to improve efficiency, increase productivity, and, in turn, boost the economy.

Backing the Safe and Efficient Transportation Act is the produce industry. The Coalition for Transportation Productivity includes potato industry representatives from Washington, Idaho, and Oregon; three states which allow large commercial trucks above 80,000 pounds on their highways. The organization has been vocal in its support for the bill.  Both industries are lobbying furiously to have the bill passed. 

Truck Accident Attorneys

Truck accident lawyers firmly believe that we do not need heavier or larger 18-wheelers on the road, only safer trucks and more stringent procedures by trucking companies. We see far too many incidents involving ill maintained trucks, stressed, overworked, and fatigued drivers. These are the issues we should be focusing on.

As for concerns of loss of economic productivity during a recession, fewer 18-wheeler accidents and injuries mean reduced strain on our healthcare system, and consequently, our economy.

If you or a loved one has been injured by the negligence of a trucker or a trucking company, a truck accident attorney can help you recover physically, emotionally, and financially. If you have questions regarding your case, contact a truck accident lawyer at Arnold & Itkin LLP for help.

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Truck accident lawyers frequently come across accident cases where negligent 18-wheeler drivers fail to drive with road and weather conditions in mind. Such negligent driving behavior resulted in a series of 18-wheeler accidents on Interstate 40 near Brinkley, Arkansas and left three people dead.

In the first accident, a 52-year-old man was killed when he crashed into the back of an 18-wheeler in a construction zone.  Just as the road was being cleared another 18-wheeler rear ended a pickup truck; this accident involved a third 18-wheeler. The impact caused an explosion in which both trucks were engulfed in flames. Two people, who have yet to be identified, were confirmed dead in that accident. Interstate 40 was a mess for hours as cleanup crews worked to clear the roadway.

18-wheeler Safety

Motorists are expected to slow down and drive steadily in construction zones. Speeding in such situations can be lethal driving behavior for an 18-wheeler driver. Drivers must keep the conditions of the road in mind when negotiating massive vehicles that can weigh up to 80,000 pounds.

For instance, driving in a construction zone requires slower speeds than normal. This is because an 18-wheeler takes much longer to come to a complete stop after the brakes are applied than passenger vehicles. Also, construction work on the highway provides vehicles with a smaller and more confined space to drive. It is important for drivers to operate their vehicles carefully when in such confined spaces.

If you or a loved one has been injured in an 18-wheeler accident a truck accident attorney can help you recover the compensation you deserve. For a free evaluation of your case, contact a truck accident lawyer at Arnold & Itkin LLP. 

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