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

The truck accident lawyers at Arnold & Itkin LLP released a new video on LawyerForYou.com that addresses the importance choosing the right personal injury attorney if you or a loved one has been seriously injured or killed in an accident involving commercial trucks or 18-wheelers. Attorneys Jason Itkin, Kurt Arnold and Lisa Sechelski discuss what attributes injured motorists and injured truck drivers should look for when choosing a personal injury lawyer and demonstrate how Arnold & Itkin LLP goes the extra mile to provide true full-service care for their clients. In the video, you'll also hear from actual clients and learn why they chose Arnold & Itkin LLP.

The truck accident lawyers at Arnold & Itkin LLP help victims of serious truck accidents get the help and compensation they deserve.

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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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The driver of an SUV narrowly escaped injuries in an 18-wheeler accident when a container on the back of a truck struck an overpass, came loose, and fell on the SUV.

The driver of the SUV escaped injuries only because the container landed on the passenger side of the SUV; the right side of the vehicle was completely destroyed. The container, a portable galley, was apparently being transported from Louisiana to Brownsville. General Marine Leasing, the company that owns the container, said this is the second time an incident like this has happened with their containers as they were being transported across the country by the trucking company, Dynasty Trucking. The general procedure before trucks begin their cross country journeys includes:

• reporting the height of the cargo to the Texas Department of Transportation (TxDOT)
• transportation officials then provide the company with a route that will allow the 18-wheeler to move safely along the highway without damaging the container or endangering other drivers

There is no information yet on whether Dynasty Trucking followed standard procedures in this case, although officials believe the driver was likely off route.  

Meanwhile, the woman who miraculously escaped injuries, Zoma Ramirez, is undergoing a CT scan to rule out the presence of internal injuries after the accident. The fact that Dynasty Trucking had a similar accident before does not speak well of the company's operating procedures. A complete investigation will reveal more about procedure violations at the company that could have contributed to the 18 wheeler-accident.

Truck Accident Claims

A trucking company can be held liable for injuries sustained in a truck accident. An experienced truck accident lawyer will conduct a thorough investigation of the company's record to look for any similar prior violations and to identify whether or not the driver has a poor driving history.

If you have been injured in an 18-wheeler accident and have questions about the trucking company's liability, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free consultation.

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A Plano, Texas 18-wheeler driver, who was driving while intoxicated, capped a few miles of erratic driving with a rollover accident; fortunately, no one was injured in the accident.

Taj Black was driving an 18-wheeler loaded with mulch in the southbound lane of US-75 on March 17th. His erratic driving behavior caught the attention of a concerned motorist who reported Black’s dangerous driving to 911. Black was apparently weaving in and out of traffic and speeding. As the motorist informed 911 personnel about the erratic driving, the large truck went out of control and overturned. Black was shaken, but escaped without any injuries. The trailer's mulch spilled out onto the overpass, covering most of it. Blood alcohol tests were conducted to determine Black’s intoxication levels at the time of accident; he was charged with driving while intoxicated. 

Truck accident investigations typically include conducting blood alcohol tests on the driver regardless of whether or not any injuries or fatalities resulted. Regarding alcohol use, truck drivers have stricter limitations than drivers of passenger vehicles. While, for the rest of the driving population, the maximum blood alcohol limit is .08, commercial truck drivers cannot have a blood alcohol limit greater than .04. This is because operating a large commercial truck like an 18-wheeler requires a higher degree of alertness and presence of mind than driving a passenger vehicle.

Truck Accident Laws

Trucking companies are required to conduct random alcohol tests on employees throughout the year. When a big rig driver is found to have been intoxicated during an accident, an 18-wheeler accident lawyer can hold the company and the driver responsible for their actions.

If you've been inured in an 18-wheeler accident, contact a truck accident lawyer at Arnold & Itkin LLP to discuss your options for compensation.

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A new bill aims to protect highway travelers from the risk of an 18-wheeler accident by extending existing size and weight restrictions on large trucks to the entire national highway system.

The bill, called the Safe Highways and Infrastructure Preservation Act of 2009, was introduced by Senator Frank R. Lautenberg (D-NJ) and Representative Jim McGovern (D-MA-3). It would prevent both interstate highways and national highways from being used by triple trailers, although exemptions would be made for firefighting units and the like.

Currently, size and weight limitations are enforced on interstate highways and states themselves are at liberty to set limits on state governed roads. Truck size and weight restrictions, for most state roads, are a maximum length of 53 ft and a maximum weight of 80,000 pounds. These limits also apply to Interstate Highway Systems which run across 44,000 miles.  If the bill is passed, the ban on trucks that exceed the size and weight limitation would extend to 160,000 miles of highway.

The bill aims to keep heavier 18-wheelers off the road, thereby making roads safer. There are many challenges involved in navigating an 18-wheeler through traffic"

• 18-wheelers suffer from poor maneuverability and stability, and are harder to navigate than smaller vehicles.
• These large trucks require a longer distance to come to a complete stop.
• They have bigger blind spots that impact the driver’s view of vehicles behind him.

In addition to preventing injuries associated with 18-wheeler accidents, the bill would also contribute to better highway maintenance by reducing the number of heavy trucks using the roads. Union workers and 18-wheeler accident lawyers have voiced their support for the bill as it makes traveling safer for all involved.

18-wheeler Safety

It is difficult to maintain and repair existing roadways due to a shortage of funds, a tremendous strain would be added to our transportation infrastructure if larger 18-wheelers were allowed on our roads. If trucking companies had their way, they would introduce larger vehicles that could carry larger loads; never mind the risks of jack knifing and 18-wheeler rollovers. These large trucks are responsible for close to 2.4 deaths for every 100 million vehicle miles. That is a 50% higher rate than smaller vehicle fatalities. The less 18-wheelers we allow on our highways, the lesser the chance of accidents and safer the general motorist population.

If you've been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP to discuss your options for compensation.

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18-wheeler safety experts and truck accident lawyers in Connecticut are full of ideas about how to check rogue truck drivers and prevent accidents involving big rigs. Unfortunately, these ideas will remain just that until the two agencies that supply truck weigh station personnel resolve their issues.

In Connecticut, weigh station operation activities are shared by the Department of Motor Vehicles (DMV) and state troopers. There exists an old and strong rivalry between the two agencies, and this, experts say, has come in the way of adopting better technology at weigh stations to screen truck drivers more efficiently and accurately. 

The Connecticut Department of Scientists and Engineering, a group based in Hartford, conducted a study that recommended technological innovations to streamline weigh station operations, cut down time, and trap more rogue truck drivers. Under the existing system, truck drivers are easily able avoid weigh station inspections. Under the proposed system, however, weigh stations would be located at random points to catch more unsuspecting truck drivers. Technological aids would help troopers conduct an inspection more quickly and would help troopers quickly identify an 18-wheeler in need of a more thorough inspection. The group's report also called for a different approach to 18-wheeler safety – focusing more on ensuring truck safety than inspection duty.

Whether these proposals will be acted upon is a moot point, however. Governor Jodi Rell has proposed pulling state troopers off weigh stations and putting them on highway patrol service. The proposal has been axed for now, but the Governor plans to bring the matter up with Democrats soon. According to state officials, the pull back from weigh stations is part of an overall plan to put more troopers on highway patrol service. The DMV criticizes any such move because it infringes on its jurisdiction. This squabbling could mean that truck accident prevention proposals find themselves on the back burner.

18-wheeler Safety

State agencies responsible for highway maintenance need to focus on keeping unsafe trucks and unfit drivers off the highway. Ensuring the safety of motorists on the road should not become victim to inter-department agency rivalries.

If you've been injured in a Connecticut 18-wheeler accident, contact an 18-wheeler accident attorney at Arnold & Itkin LLP to discuss your options for compensation.

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An investigation conducted by a television station has revealed what 18-wheeler accident lawyers have suspected for years - "tens of thousands" of 18-wheeler drivers continue to drive, despite suffering from serious medical conditions that could impair their driving ability and cause serious accidents.

These medical issues include health conditions you do not want the person at the helm of an 80,000 pound vehicle to have, including:

• sleep disorders
• neurological conditions
• cardiac diseases

The investigation, conducted by Scripps television station, found that the problem is not only serious, but rampant. 

Last year, federal investigators reported that more than 560,000 commercial truck operators were receiving full medical and disability benefits.

Also, last year, another investigation found that medical certificates carried by 18-wheeler drivers are notoriously hard to verify. Drivers are required by law to have a copy of their medical certificate to present as proof they have passed a medical exam. However, in nearly one of every three cases, the doctor whose signature is on the certificate is mysteriously non-existent or, when contacted, the doctor often denies having ever examined the driver.

It is very difficult for overworked inspection officers to verify a certificate, which means that possibly thousands of drivers are able to slip through the cracks with phony medical certificates. Fake certificates are ridiculously easy to obtain. All a driver has to do is download a blank certificate from the internet, fill it out, and sign it himself, and voila! He has a medical certificate that confirms he is fit to drive. This kind of falsification is a serious problem, and one that places drivers of smaller vehicles at risk of injury.  

Several 18-wheeler accidents in recent months have been linked to medically impaired drivers. In Ohio, one 18-wheeler driver had almost 27 prescription drugs stashed in his cab during an accident. In 2007, federal officials estimated that approximately 4,000 18-wheeler accidents between 2001 and 2003 were caused by drivers suffering from heart attacks behind the wheel. The number of drivers who dozed off at the wheel during the same period was 5,000. Sleep apnea; a condition traced to frequent waking up during sleep, resulting in fatigue and sleepiness the next day; is a major factor in 18-wheeler drivers falling asleep at the wheel.

Federal Trucking Regulations

Federal authorities have been taking steps to deal with the problem of phony certificates. A national database, that will record copies of truck drivers' medical certificates, is expected to be in operation by 2012. Unfortunately, that is still 3 years away and, until then, highway safety inspectors have few means of verifying whether the truck driver in front of them is medically fit to be driving or not. That means millions of people will continue to be at risk of accidents and injuries as they share the road with big rigs possibly driven by people suffering from serious heath conditions.

If you or a loved one has suffered from injuries sustained in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free evaluation.

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An 18-wheeler driver in Gray, Georgia recently became the 88th employee in his company's 25-year-old history to complete two million miles of driving without a single accident.

Ken Truman works for Con-Way Freight Company, which currently employs 1,200 drivers. According to management, completing two million miles without being involved in a single accident is a key milestone in the industry. Truman's two million miles is equivalent to traveling to the moon and back 9 times.

Truman, who has been driving since 1998, mentioned several factors that contributed to his impeccable record. As remarkable as his achievement is, it is simply the result of following safe driving practices that 18-wheeler accident lawyers and safety advocates have recommended for years. Truman follows a strict routine before he gets behind the wheel of his big rig to begin work for the day.

• He checks the weather report of his destination.
• He inspects his truck thoroughly. This includes checking the tires, lights, wheels, steering wheel mechanism, and brakes.
• He makes sure that all parts of the 18-wheeler are functioning well and are in perfect condition.
• Once he sets off for the day, Truman drives carefully, regularly checking the movement of other vehicles around him in his mirrors.
• He pays close attention to the speed and actions of vehicles around him. Getting an 18-wheeler to stop or brake takes longer than a passenger vehicle, and so, he is alert to any changes in vehicles nearby.
• He always drives at a speed suitable for traffic and weather conditions.
• He makes it a point to drive a few miles slower than the speed limit because he knows the danger of being in a hurry. Driving under the limit does not slow him down that much, he says, and the end result is a safer road for him and other vehicles sharing the road.
• Truman knows and believes in the value of taking frequent rest and meal breaks to avoid driver fatigue. As he admits, staying alert and awake behind the wheel after driving long hours is the biggest challenge facing a truck driver. He takes a break for meals and rest once he reaches his destination and before be begins the long journey back home.

Trucking Safety

18-wheeler drivers face numerous challenges as they navigate, often, busy traffic on a daily basis. Big rigs are large, bulky and cumbersome, and a driver's job involves seemingly endless hours of driving alone. Even so, as Truman proves, driving in an 18-wheeler can be a safe and smooth experience if drivers make the effort to drive slowly, steadily, and with caution. Ken Truman deserves kudos and we hope more 18-wheeler drivers follow his example. 

If you've been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free consultation.

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Last month in a Georgia 18-wheeler accident the driver sustained back injuries; fortunately, no other motorists were injured. The big rig overturned on Interstate 85; according to troopers, defective tires were the reason for the rollover.

The 18-wheeler was carrying 41,000 pounds of cotton and yarn. The truck collided with a set of barrels, leading to a shift in the weight of the trailer. The driver, Edward James Clements Jr., lost control of the tractor trailer and skidded more than 300 feet before flipping over. The 18-wheeler then continued to skid another 100 feet after overturning before it came to a stop. Clements was taken to the hospital after complaining of back pain.

It appears that Clements was having “tire issues," and was trying to pull over to the side of the road to fix the problem when the accident took place. When troopers inspected the tires, they found that the tire tread was worn out and near violation levels. Clements received a citation for failure to maintain his tires.

What Causes Truck Accidents?

It seems that Clements was driving an improperly maintained truck. Poor truck maintenance is a major cause of 18-wheeler accidents. Because of the massive weight of a large truck, the tires of the vehicle are usually the first to wear out.  Because of the heavy load they carry, 18-wheelers are also prone to blow outs. If a tire blowout occurs when an 18-wheeler is on a busy highway, the vehicle can quickly careen out of control, placing motorists around the big rig at great risk of injury. Loss of control can also lead to the overturning of the truck, which places the driver and the occupants of other vehicles at risk. Sometimes, a blown out 18-wheeler tire can shoot chunks of rubber out from beneath the truck, posing a potential threat to vehicles in the vicinity. In addition to blowouts, 18-wheeler accidents can also be caused by:

• Malfunctioning brakes that prevent vehicles from stopping promptly
• Defective lights that impair drivers' vision
• Faulty steering mechanism  

In such cases, an 18-wheeler accident lawyer can point out failure to maintain the vehicle properly as a cause for liability in an injury lawsuit. 

If you've been injured in an 18-wheeler accident, contact the 18-wheeler accident attorneys at Arnold & Itkin LLP for a free consultation.

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Passengers of a charter bus suffered injuries when the bus collided with an 18-wheeler in an accident on Interstate 10 near Winnie, Texas.  However, the Texas Department of Transportation (TxDOT) believes that more injuries were avoided due to cable barriers in the median that prevented the vehicles from crossing over into other lanes.

Early in March the charter bus was headed to Boston after a trip to the Coushatta Casino in Louisiana. While traveling down Interstate 10 the tractor trailer clipped the back of the bus. Some of the 48 passengers aboard the bus suffered minor injuries in the crash. According to TxDOT officers at the scene, the presence of cable barriers prevented the bus and the truck from crossing over onto the eastbound lanes of Interstate 10 after the crash. If the two vehicles had indeed crossed over into the eastbound lanes they would have, most likely, collided with other vehicles, increasing the number of and severity of injuries.

The cable barriers were so effective in minimizing the number of injuries in this crash that TxDOT officers are looking into expanding cable barrier use across southeast Texas. The Department may expand the cable system for another 18 miles, from Winnie to Beaumont. Officers are looking at installing cable barriers at other high risk areas, like the stretch near the Goodyear plant, which has seen a number of serious accidents, many of them involving 18-wheelers. The cable system from Winnie to Beaumont is expected to be installed over the next 6 months.

Dangerous Highways can Cause 18-Wheeler Accidents

Cable barriers can ensure that even large vehicles like 18-wheelers stay within their lanes after an accident. This can prevent multi-vehicle wrecks and minimize the number of injuries and fatalities during truck accidents. Cable barriers are especially necessary on heavy traffic highways where 18-wheeler accidents can end up causing multi-vehicle pileups. It is the responsibility of state authorities to ensure that such cable barriers are installed to reduce the risk of fatalities and prevent serious injuries in the event of an accident. Failure to maintain a highway can place state agencies at fault in 18-wheeler accidents. These agencies can be named in any truck injury lawsuit filed by an 18-wheeler accident lawyer after a crash.

If you've been injured or lost a loved one in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free evaluation of your case.

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As the family of 13-year-old Clarissa Gonzales paid their final respects, San Diego, Texas police continued their investigations into the 18-wheeler accident that killed her.

Clarissa was hit by an 18-wheeler on Highway 44 in San Diego, Texas on the night of February 13th. She, ultimately, died from her injuries. It is still not clear what Clarissa was doing on Highway 44 when she was hit; police are trying to determine if the girl was crossing the road or playing with friends at the time of the accident. It is believed to be more likely that she was walking. Police are looking at a number of possibilities for what caused the accident, including the likelihood that the 18-wheeler driver was not aware that he had hit the young girl. The driver did not remain at the scene of the accident. Police are still making efforts to identify the driver and have reportedly zeroed in on one lead. Accident investigators are also conducting tests on the clothes that Clarissa was wearing at the time of the crash, as they could contain evidence that may help identify the 18-wheeler that struck her. A few witnesses have come forward to provide clues about the identity of the truck.

A pedestrian – 18-wheeler collision is usually fatal for the pedestrian. There is not much that can protect a person walking on the road from the impact of an accident with a tractor trailer. For pedestrians, it is important to be alert at all times and look for vehicles in motion around in the area. If you are walking at night, always wear reflecting clothing and avoid dark or camouflage patterned clothes. Always stick to the sidewalks and cross only on designated crosswalks. If you see a tractor trailer approaching do not attempt to run in front of it. 18-wheelers cannot brake as quickly or slow down at the same speed as passenger cars.

Truck Accident Lawyer

In case of an accident with an 18-wheeler, an injured pedestrian victim can file a personal injury lawsuit. In case of death of the victim, the family can file a wrongful death lawsuit against the company that employed the driver. Pedestrians tend to get blamed for such accidents, which is why it is important to have an experienced 18-wheeler accident attorney on your side.

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free consultation.

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A Texas couple who escaped a potentially fatal collision with an 18-wheeler last month is calling for tougher restrictions on big rigs driving through North Texas.

The couple, Cindy and Christian Benitez, were traveling in their Toyota Corolla on Interstate 35 in Dallas when their vehicle ended up under a rock-hauling 18-wheeler. The car was almost completely crushed under the tractor trailer. Cindy managed to escape without injuries, but Christian was trapped in the wrecked car for nearly 90 minutes. Emergency teams worked hard to extricate the man who was jammed under the big rig's wheel. Christian made a miraculous escape from the wreckage, but was left with severe injuries. He was treated in the hospital and has since been discharged. He faces extensive rehabilitation therapy and is presently unable to walk. Recovery has been extremely painful for Christian, his wife says. The couple has since filed a truck accident lawsuit against the 18-wheeler driver, who escaped without injuries, as well as the trucking company that operated the 18-wheeler.

The couple is now calling for lawmakers to enforce stricter restrictions on 18-wheeler driving regulations. According to them, the accident occurred when the truck merged into their lane. The Benitez' are demanding that 18-wheelers be required to stay in the right hand lane when driving. Currently, San Antonio, Houston, and Hudson are the only cities in Texas that have such restrictions on 18-wheelers. Trucks in Dallas have no such restrictions. Changing lanes without warning can be disastrous for an 18-wheeler and drivers around them. Because of their elevated position,18-wheeler drivers may not be able to see smaller passenger cars in their blind spot. That's why a truck driver at the helm of one of these large machines is required to make other motorists aware of his intentions of turning, slowing down, or changing lanes.

Truck Accident Claims

Both poor judgment and reckless driving by a truck driver can be cited as examples of driver's negligence, and both the driver and his trucking company can be named by a truck accident lawyer in a lawsuit resulting from such gross negligence.

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free consultation.

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Last week, an 18-wheeler accident on a Houston freeway killed a man and his 2-year-old child.

The accident occurred just before 12:30 pm on Interstate 45 and involved a passenger car and an 18-wheeler. Emergency crews that responded to the scene of the tragedy had to use extrication equipment to remove a man and his child from their severely damaged car. Both were taken to the hospital where they were pronounced dead. The man’s wife, who was in the passenger seat, survived and has been admitted to Memorial Hermann Hospital. She is in serious condition.

More accident investigations are needed before officials can find the cause of the accident. Investigators will look into the speed of the 18-wheeler at the time of the crash. Tractor trailers routinely haul heavy loads and are required to keep within speed limits that are lower than those for passenger cars and other smaller vehicles. Also, the driver will likely have to undergo drug and alcohol testing to determine if he was driving under the influence. The truck will also be subject to investigation to determine if malfunctioning parts or components of the truck could have contributed to the accident. Malfunctioning brakes, weak tires, faulty steering wheel mechanisms, and defective head lights are some examples of damaged 18-wheeler components that can contribute to vehicle instability and loss of control.

18-Wheeler Accident Lawyer

To file claims in an 18-wheeler accident, your 18-wheeler accident lawyer will first have to determine where the liability for the crash lies. There could be a single factor contributing to the crash or a combination of several factors, each of which could have had a role in the accident. Independent investigations have to be conducted; this could take months of probing the trucking company's records, the driver's records, and hiring expert witnesses. All this requires access to substantial resources and the kind of expertise that only a truck accident lawyer who handles these kinds of cases has. 

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free consultation.

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The driver of an 18-wheeler has been sentenced to 364 days in jail for killing 3 children when his big rig crashed into a mini-van on a California freeway in 2007.

The driver, Jorge Miguel Romero was found guilty of vehicular manslaughter in August 2008 after the horrific big rig crash that killed Kyle, Emma and Katie Coble. The accident took place on the I-5 freeway as the children rode in the back seat of the vehicle. Traffic had slowed down and the mini-van stopped in line waiting for the line vehicles to move ahead. Romero, who was approaching the stalled traffic, was unable to stop in time and his big rig crashed into the Coble's mini-van. The 3 siblings, all under the age of 5 were killed; their mother and grandmother, the front seat passengers, sustained minor injuries. 

In the days and weeks after the 18-wheeler accident, the local Ladera Ranch community and the Cobles have pushed for changes in the trucking industry. Investigations of the accident revealed inaccuracies and inconsistencies in fleet inspection records maintained at the trucking company that employed Romero. During the trial, his defense lawyers claimed his accident was the result of Romero not being able to stop in time to avoid the mini-van. The judge was willing to buy that explanation, especially because Romero had been working more than the stipulated number of hours in the days before the accident. Romero admitted that he had fabricated his company log books in order to work more than the hour allowance. However, the judge also believed that particular stretch of freeway was one Romero used often, and that he should have been aware of any problem spots ahead.  Caltrans, the California Department of Transportation, was also faulted by Romero’s lawyer for ignoring calls for an additional lane at the Oso parkway off-ramp. An extra lane could have helped unclog the freeway and prevented this accident.  The Cobles, have filed a lawsuit against the trucking company and Caltrans.

It definitely appears that there was negligence by more than one party here - the driver who was negligent by driving at an unsafe speed, considering he was driving at a known problem spot, the trucking company that turned a blind eye to manipulation of the log books, and Caltrans for failing to construct an additional lane, thereby contributing to an unsafe road design. Very often, truck accidents are the result of a number of factors, all coming together to contribute to a devastating accident. In such cases, each party can be held accountable for negligence that contributed to the accident.

Pursuing Truck Accident Claims

The truck accident lawyers at Arnold & Itkin LLP have expertise in litigating damages claims related to 18-wheeler accidents, and have the resources necessary to pursue claims against truck drivers, state and local agencies, trucking companies and other parties that may have been responsible for the accident.

If you have sustained injuries in a big rig accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP to discuss possible compensation.

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Proposed legislation in Florida, in memory of the victim of an 18-wheeler accident involving a driver who was text messaging, got a boost last week when a safety group called for a complete ban on cell phone use by drivers.

Last week, National Safety Council President Janet Froetscher compared talking on a cell phone while driving to driving under the influence of alcohol, saying the two are equally hazardous.  Cell phone use – including talking, text messaging or sending emails – has been a silent, but deadly killer, contributing to an increasing number of accidents every year. Studies have shown that the distraction caused by cell phone use behind the wheel impairs a person's driving ability to the same extent that driving while intoxicated does. In recent years, across the country, there have been several high profile auto and truck accidents linked to the motorists' use of cell phones while driving. Most of these accidents resulted in severe injuries and fatalities. Yet, only 6 states have passed legislation placing serious restrictions on the use of cell phones behind the wheel. Currently, California, New Jersey, Washington, Connecticut, New York and Utah ban the use of hand held cell phone devices while driving. However, no state enforces a complete ban on all cell phone use behind the wheel.

The call by Froetscher has not gone unnoticed by lawmakers and truck accident lawyers, who are also calling for greater restrictions on cell phone use by drivers. The proposed law is called “Heather’s Law” and is named after Heather Hurd who died in an 18-wheeler accident in 2008, when a big rig driver crashed his vehicle into 10 cars that were stopped at a traffic signal. The impact killed Heather instantly. Investigations later showed that the driver of the 18-wheeler was text messaging at the time of the accident. Since then, Hurd's parents have been campaigning to ban cell phone use by motorists, and to get the bill (Senate Bill 172) passed. The bill would impose restrictions on using cell phones for talking or text messaging, with some exceptions for hands free devices and emergencies.  Florida has no existing rules related to cell phone use by motorists, so it may be over optimistic to expect a complete ban on all cell phone use behind the wheel.

Cell phone use by any motorist is dangerous, but when the driver of an 18-wheeler is distracted by text messaging, the potential for serious accidents is great. Most auto safety rules were formulated before cell phones became such an integral part of American life. Now that they are here to stay, it's important to revise existing laws in order to eliminate one of the biggest sources of distraction for all motorists.

Driver Negligence

Using a cell phone while driving is only one way 18-wheeler drivers can be negligent, contributing to serious accidents.  Pursuing claims in a big rig accident where the truck driver was distracted by cell phone use can be difficult. It is left, then, to investigation officers and truck accident lawyers to examine drivers' safety records and other information to prove truck driver negligence.

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold and Itkin LLP for a free consultation.

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The driver of an 18-wheeler fell asleep at the wheel while driving along Interstate 20 in Grand Prairie, Texas, causing the big rig to overturn; the driver escaped with minor injuries. 

On January 20, after falling asleep at the wheel and overturning his 18-wheeler, the driver was taken to a Dallas hospital and was, reportedly, out of danger; no other vehicles were involved in the accident. According to reports, when the driver nodded off, the tractor trailer veered to the left side of the freeway and crashed through 170 feet of guardrail before overturning. Police said that investigations will commence soon, and will look into whether or not the driver was exceeding his hours of service.

Driver fatigue at the wheel of an 18-wheeler is the cause of many accidents involving these vehicles, reported every year in Texas. Dozing off or falling asleep at the wheel is just one sign that a driver has not had adequate rest between shifts. Investigations by commercial vehicle enforcement officers will reveal if the driver's logs indicate that he had been driving for longer than the stipulated hours and when his last rest break was. New trucking rules allow a trucking driver to work 11 hours consecutively, and mandate a rest break after a 14 hour shift. The possibility of truckers manipulating their logs in order to work longer than the hours allowed is a very real one, and truck safety groups have called for a return to the previous 10-hour work rule. The trucking industry, however, has been reluctant to bring back the old hours due to the losses it would suffer going back to the 10-hour work rule.

Driver fatigue is an aspect of driver behavior that can be dangerous in any situation, but when you're talking about an 80,000 pound 18-wheeler, the consequences of nodding off at the wheel can be catastrophic. In this particular accident, it is extremely fortunate there were no other vehicles in the vicinity when the big rig toppled over and, consequently, no other injuries. 

Truck Accident Lawyer 

A person injured in a truck accident caused by driver negligence or fatigue can file a damages claim against the trucking company that employed the driver. These truck accident lawsuits can be complex, requiring extensive investigation and a look at the driver's logs, as well as his background. The truck accident lawyers at Arnold & Itkin have represented hundreds of clients over the years in truck accident injury cases and have earned them the compensation they deserve. 

If you or a loved one has been injured in a truck accident, contact a truck accident lawyer at Arnold & Itkin LLP for a free consultation.

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In an early morning accident in Baton Rouge, Florida, an 18-wheeler attempted to make a turn onto the interstate and rolled off the onramp; fortunately there were no injuries. 

The driver attempted to turn onto I-110 from Florida Boulevard, miscalculated the turn, and fell off the ramp. Fortunately, because of the early morning hours, there were no vehicles in the area the big rig landed. No injuries have been reported. Fuel from the 18-wheeler, however, did spill onto the road; crews performed an emergency clean up of the area. There is no detailed information on the causes of the accident. 

As truck accident attorneys, we constantly come across cases in which driver negligence contributes to a collision. No matter what the conditions of the road; weather conditions, time of day or night, or the kind of traffic around, a truck driver must exercise great precaution while operating a vehicle. Due to its massive size and weight, an 18-wheeler is difficult to navigate and requires specialized techniques when backing up and turning. For instance, a big rig requires a large turning radius which must be accounted for, by the driver, when making the turn.  Even a minor miscalculation can result in catastrophe. In this particular accident, there seems to have been a miscalculation when defining the turning radius. In a case like this, it is also prudent to assess the driver's fatigue level at the time of the accident. Drivers who work long hours without adequate rest may be prone to making such mistakes.

It is fortunate that this accident did not result in any injuries or casualties. If there had been any vehicles in the area when the big rig rolled off the ramp, the resulting injuries could have been catastrophic.

Truck Accident Litigation

Pursuing damages claims in a truck accident can be an intensive process requiring the conduct of independent investigations to ascertain responsibility for the accident. At Arnold & Itkin LLP, our truck accident lawyers have years of expertise and experience litigating successful big rig accident lawsuits around the country. 

If you or a loved one has been injured in a big rig accident, contact an 18-wheeler attorney at Arnold & Itkin LLP for a free consultation.

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Driver inattention, coupled with slippery roads created prime conditions for an 18-wheeler accident in Iberville Parish, Louisiana. One person was injured in the accident that involved two trucks, besides an 18 wheeler.

According to one report, a tree-cutting truck was on its way from Texas to Florida through Interstate 10, after clearing up Hurricane Ike damage. It had been raining for a few days, and the roads were slippery. Following the truck was an 18-wheeler truck filled with 150 gallons of diesel.   The driver later confessed after the accident that he had let his attention wander while he was at the wheel of the big rig. The 18-wheeler slammed into the truck sending it spinning and toppling it over on its side.   The impact punctured the fuel tank of one truck, spilling diesel everywhere. Another 18-wheeler on the highway clipped the truck which was lying overturned. By the time the destructive sequence of events had ended, there was diesel and lumber debris scattered all across I-10.

Neither of the two 18-wheeler drivers was injured in the accident, although the driver of the tree-cutting truck had to be taken to the hospital for treatment. The highway was closed for hours, while crews cleared the debris and set the overturned truck upright.

Driver inattention can be a result of truck driver fatigue, multi-tasking at the wheel, or just plain negligence. In any case, it's lethal for a driver of an 18-wheeler to be less than 100 percent in control and focused while he is driving.  Fatigue is one of the most common reasons why a truck driver's attention may slip while at the wheel. Federal trucking regulations specify the consecutive number of hours that a truck driver can spend at the wheel of a truck, as well as the rest periods that he must have to recover between shifts. This is why truck driver logs are maintained, so a driver can have records of the number of hours he drives.

Driver Fatigue Can be a Factor in Truck Accidents

Given the number of hours that truck drivers work, and the amount of time they spend alone on the road and away from their families, it's no surprise that truck driver error caused by inattention, fatigue, or stress is an important factor that causes truck accidents.  This is precisely why there are laws that govern a truck driver's work and rest hours – to prevent the possibility of accidents due to driver fatigue. 

In the event of an accident, an 18-wheeler truck accident lawyer will review driver logs and other records to determine the number of hours the driver had been working just before the accident, and the rest periods that were afforded him. An experienced truck accident lawyer can undertake these investigations to make sure that responsibility for the accident can be placed where it is due.

If you have been injured in an 18-wheeler truck accident, contact an 18-wheeler truck accident lawyer at Arnold & Itkin LLP for a free consultation.

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Police in Austin, Texas have their eyes on the city's big rig trucks, not just for their role in 18 wheeler truck accidents, but also to gain a dramatically different and elevated view of the traffic situation on the streets. APD has launched a new crackdown on aggressive driving and they are climbing aboard the cabs of the city's 18 wheelers to enforce it.

The program which commenced on September 1^st, has a police officer sitting in the cab of a massive 18 wheeler truck next to the driver, keeping an eye out for traffic violations of the kind that might not have been observable from street level. The size of these trucks gives anybody seated inside an elevated vantage point, from which to catch even minor violations that would not have been as easily noticeable as in a regular patrol car.   Once the officer spots a violation, he immediately radios back up officers following in a patrol car, and the offending driver can be pulled over and cited.

The offenses that an officer can observe from the cab of an 18-wheeler range from tailgating, to changing lanes without signaling. Besides, some of the most aggressive driving tends to take place around these massive trucks. Truck drivers are often in a rush to get to their destination on time, creating conditions that are ripe for an accident. An 80,000 pound truck is far too heavy to stop quickly if it must. Add to that the fact that a trailer can jack-knife and even become detached from the truck, and careen toward other motorists who might be in the vicinity.  The potential for a deadly 18 wheeler accident is huge. Smaller vehicles that are close by almost always take the brunt of the impact when a crash does occur.

Using an 18 Wheeler to Prevent Truck Accidents

So far, the program has resulted in more than 400 citations and over 100 arrests. The program has also focused on 18 wheeler safety with truck examinations and inspections being undertaken to cite owners of defective trucks, and keep these vehicles off the streets. Since the inception of the program, about 668 trucks have been inspected in Austin. More than 2600 citations have been issued for failure to comply with federal trucking regulations, and at least 100 trucks have been removed from service for poor truck maintenance. 

Probing Truck Accident Liability

Getting to the root cause of a truck accident that results in injuries or fatalities can be a time consuming process. Truck inspections have to be conducted, and driver negligence, if applicable, must be proved. A successful truck accident lawyer must have access to the financial and technical resources necessary to build winning cases. If you have been involved in an accident with a commercial truck, call an experienced truck accident lawyer at Arnold & Itkin LLP for a free initial consultation.

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Successfully litigating personal injury claims involving truck accidents depends on crucial information that is collected during the truck accident investigation. When a truck accident occurs, the investigation must begin as soon as possible following the accident. Evidence and testimony must be gathered while witnesses memories are still clear and before evidence begins to disappear.

Our Truck Accident Lawyer website provides a complete explanation of the truck accident investigation process. There you will learn more about the importance of timely accident scene inspections, witness depositions, truck and vehicle inspections, and the inspection of company records.

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