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Texas truck accident FAQ

Electronic Logging Devices Could Make The Roads Safer, So Why Are Truckers Complaining?

December 27, 2017/in Personal Injury /by e.blizzard

Under federal regulations, trucks can have a maximum weight limit of 80,000 pounds. With such weight, trucks can cause catastrophic and devastating accidents. Although there are strict regulations regarding when and under what conditions a truck driver can work, these rules are difficult to enforce. Because of this, a new federal mandate requires electronic logging devices be used to better track truck driver behavior, but many truck drivers are unhappy with the upgrade.

Previously, most truckers recorded their driving time in handwritten logs. However, handwritten logs make it easy for truck drivers to lie about their driving time. Federal regulations dictate how long truck drivers can work continuously to help combat fatigued driving, but with drivers left to track their own driving time, it is very difficult to police these regulations.

Electronic logging devices or ELDs are small black boxes, similar to the ones on airplanes, that will record a truck driver’s miles, hours, personal information, and location at all times. This gives federal regulators accurate and real time data about working hour violators.

Some truck drivers believe the ELDs will make their jobs more difficult, but there is little sympathy for their concerns. Protesters in Baytown don’t like how the electronic devices will track their working hours. They will now have to abide by working hour regulations because the electronic logs cannot be altered. Currently, some truckers regularly drive longer than the maximum 11-hour working day set by federal regulations without suffering any consequences.

Driving a truck is a huge responsibility because the vehicles have the potential to cause catastrophic damage. Truckers mainly oppose ELDs because it will keep them honest, and this is irresponsible. Both truck drivers and the companies that employ them are responsible for ensuring all trucking regulations are followed. Working hour violations usually arise when trucking companies put tremendous pressure on drivers to make tight deadlines, but profits should never be put over the safety of people.

Fatigued driving can be more dangerous than drunk driving. Not only are tired drivers putting themselves in danger, they are also putting everyone else on the roadway in danger.

https://www.blizzardlaw.com/wp-content/uploads/2018/11/iStock-822252992_super-1.jpg 2033 3050 e.blizzard https://www.blizzardlaw.com/wp-content/uploads/2023/08/Blizzard-Greenberg-HEX-0d266c-for-web-300x111.png e.blizzard2017-12-27 15:01:212019-11-07 17:01:45Electronic Logging Devices Could Make The Roads Safer, So Why Are Truckers Complaining?
Texas truck accident FAQ

Federal Working Hour Regulations For Truck Drivers

January 9, 2017/in Personal Injury /by e.blizzard

Although we share the roads with them every day, truck drivers are not treated the same as other motorists under federal law. Because 18-wheelers and other large trucks have the potential to cause catastrophic injuries in the event of an accident, all truck drivers must abide by Federal Motor Carrier Safety Administration (FMCSA) regulations. Many FMCSA regulations set restrictions on working hours for truck drivers to prevent them from driving while fatigued.

Why Is Fatigued Driving So Dangerous?

Driving while you’re tired can be just as dangerous as driving under the influence of drugs or alcohol. When you become tired, you suffer from a slower reaction time, decreased awareness, and impaired judgment. For truck drivers, these effects could cause catastrophic accidents. However, unlike driving under the influence, there is no objective test to determine sleepiness.

FMCSA Working Hour Regulations

To help prevent truck accidents caused by driver fatigue, FMCSA sets strict continuous working hour regulations. These working hour regulations include:

•    Maximum of 11 continuous hours driving
•    Maximum 14 hour work day (including breaks and other non-driving tasks)
•    Drivers must take a 30 minute break every 8 hours
•    Drivers can work no more than 60 hours in a seven day work week or 70 hours in an eight day work week
•    Drivers must take 34 consecutive off duty hours before beginning a new week

Truck driver fatigue is the cause of 13% of all truck accidents. Despite hefty fines from the FMCSA, some truck drivers choose to ignore working hour regulations and put other motorists at risk.

Why Are Working Hour Regulations Sometimes Ignored?

Truck drivers often work with tight deadlines. Sometimes, in an effort to get a job completed as quickly and economically as possible, drivers choose to drive longer than permitted by federal law. Doing so is careless, and drivers caught violating the law will pay thousands of dollars in fines. If a fatigued driver causes a trucking accident, he or she can also be held responsible in a personal injury lawsuit.

https://www.blizzardlaw.com/wp-content/uploads/2018/11/iStock-822252992_super-1.jpg 2033 3050 e.blizzard https://www.blizzardlaw.com/wp-content/uploads/2023/08/Blizzard-Greenberg-HEX-0d266c-for-web-300x111.png e.blizzard2017-01-09 16:36:042019-11-07 17:01:47Federal Working Hour Regulations For Truck Drivers
Texas truck accident FAQ

Texas Truck Accident FAQ

December 4, 2016/in Personal Injury /by e.blizzard

It’s important for everyone to realize that large trucks, such as 18-wheelers, represent a significant hazard to other vehicles on the road, as well as the passengers in those vehicles. There is a reason why drivers with commercial licenses operate under a much stricter set of rules than other drivers; they need to be aware that their huge vehicles are more dangerous, and they should be using extra caution as they do their job.

Of course, drivers of smaller vehicles should also be extra cautious when sharing the road with an 18-wheeler. Otherwise minor driving mistakes, such as failing to signal before changing lanes or passing, that are otherwise a minor annoyance, can become catastrophic when a large truck is involved. While the drivers of large trucks are usually very patient and highly skilled, there are always exceptions to that, and it can lead to disaster, primarily because of their size and weight.

What Causes Truck Accidents In Texas?

There are actually many reasons why truck accidents occur in Texas; the above are only a few, although reckless driving caused by any or all of them is cited as the number one reason for accidents involving large trucks around the country, as well as in the state of Texas.

Another very common reason why trucks are involved in so many accidents has to do with distracted driving. While it’s always been a problem, with drivers often engaging in eating and drinking, grooming themselves and talking to others on CB radios, the problem has become worse in recent years, with the advent of handheld electronic gadgets, especially GPS devices and cell phones, which they sometimes use to talk, other times to text. Keep in mind, they are doing this stuff while guiding a trailer that may be carrying a load of as much as 35-40 tons down a public highway at 70-80 miles per hour.

Another very significant problem that leads to many truck accidents has to do with driver fatigue, which is usually caused by many long hours on the road driving alone. The federal government has tried to curb the problem by establishing ever-more stringent “hours of service” (HOS) rules, which are intended to regulate the number of hours a truck driver may drive on the road without a break, but it’s not uncommon for drivers to simply ignore those rules, often with a wink and a nod from their trucking company.

Even though truck drivers are required to undergo and pass regular physicals and are also subject to random drug screens, the problem of impaired driving is still am major problem on Texas roadways. The problem isn’t just alcohol; the use of drugs, both illegal and prescribed, is becoming a significant problem among truck drivers, as they become ever more desperate to find any way they can to stay awake and get their load to its destination.

Are truck accidents usually worse than other traffic accidents?

Because large trucks are much more massive and carry a lot more weight, truck accidents are often more destructive than accidents with other vehicles. Also, because of this massive size and weight, they need a much longer distance to stop and they are harder to control. Also, many large trucks carry hazardous materials, which can increase the danger to other drivers in an accident.

If I am injured in a truck accident, what may I be able to recover?

The victim of a serious truck accident may be entitled to adequate financial compensation for any property damage they suffer, as well as all medical expenses related to the accident for as long as they need it, including the need for rehabilitation, physical therapy, and pain management costs for life, if necessary. They may be able to recover for lost income, both current and future and pain and suffering. In many cases, if you have lost a loved one, you may be able to receive financial compensation for lost companionship, lost financial support, and other costs for yourself and the entire family.

Do accidents involving large trucks result in larger settlements?

The driver of a big rig or other commercial vehicle is a professional driver who is required to undergo specific training to obtain and keep a Commercial Driver’s License and who is required to follow certain federal and Texas regulations at all times, including those limiting the number of hours they are allowed to drive and other minimum standards of conduct when it comes to operating a vehicle on Texas roadways while carrying 40 tons of goods.

Other factors also tend to make truck settlements larger. Quite often, after a truck accident in which someone is injured, a thorough investigation by a competent and experienced attorney will uncover a situation in which the company responsible for hiring the driver placed profits ahead of public safety and cut corners to save money, which can make them responsible. Also, insurance policy limits for commercial vehicles tend to be much higher than the $30,000 Texas minimum coverage that applies to passenger car insurance, which means there is more money available to fairly compensate a victim.

Do I really need an attorney?

Quite often, insurance companies will give the victim of a truck accident assurances that they will take responsibility for the accident, but everyone should know that it is the nature of their business to pay out as little as possible on every claim. They will try to cut a check for as little as they can get away with, regardless of the level of your injury and once you accept the check, your case is over. There is a reason the insurance company doesn’t encourage anyone to hire a lawyer; accident victims with lawyers recover far more compensation than those without one.

How soon do I need an attorney?

In many Texas truck accident cases, it can be extremely important to begin a thorough investigation as soon as possible, in order to obtain and preserve potentially crucial evidence. Hiring an attorney as soon as possible is always a great idea because the first thing an experienced Texas Truck Accident Attorney will do is to begin the investigation, which is especially important, since the trucking company and their insurance carrier will be on the scene as soon as possible after the accident. If the facts of the case in any way work against the trucking company or the driver, they will seek to protect their interests as soon as possible, and you should do the same.

How does a Texas Truck Accident Attorney get paid?

The experienced and knowledgeable attorneys at Blizzard Greenberg PLLC, like most such attorneys, handle Texas truck accident cases on a contingency fee basis, which means that we collect a percentage of any recovery as compensation for our time in prosecuting your case. That means, if you get no recovery, you pay us nothing.

In addition to the percentage of the recovery, we will also front any out-of-pocket expenses incurred in prosecuting the case, which can be fairly expensive. These can include the costs of experts or depositions, witness fees and court costs, and those are also taken out of the recovery at the end. If there is no recovery, we don’t get paid for those, either.

Does it matter which attorney I choose to represent me?

Choosing an experienced and knowledgeable Texas Truck Accident Attorney can actually make all the difference. These types of cases can be extremely complex and involve a great number of elements, and hiring an attorney who doesn’t handle these types of cases on a daily basis and hasn’t done so over the course of many years probably won’t yield the best results. Finding a highly skilled attorney who specializes in Truck Accidents can make the difference for your family’s financial future.

If you or someone you love have been seriously injured in an accident involving a large truck in the state of Texas, please contact the Texas truck accident attorneys at Blizzard Greenberg PLLC, so that we can discuss your case and advise you of your options with regard to protecting your rights.

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18-wheeler accidents

6 Things To Know About 18-Wheeler Accidents

November 21, 2016/in News /by e.blizzard

Although 18-wheelers and other commercial vehicles are crucial to our economy and way of life, large trucks pose some unique risks to anyone they share the roadway with. Their large size and huge weight means accidents involving 18-wheelers usually cause much more severe injuries than other types of motor vehicle accidents.

Because truck accidents are different from other accidents, here are 6 things you need to know about 18-wheeler accidents:

  1. You should always seek medical attention. Even if you feel fine, it’s crucial to allow a medical professional to examine you. You may be suffering from injuries like concussions that don’t always show immediate symptoms, but can be fatal if left untreated.
  2. Truck drivers must abide by strict regulations. In an effort to decrease the number and severity of trucking accidents, the Federal Motor Carrier Safety Administration (FMCSA) puts limits on the number of continuous hours a driver can work, the weight of cargo being transported, and what maintenance should be performed to insure vehicles are safe to operate. It will need to be determined whether a driver violated any of these or other regulations that resulted in the accident.
  3. There could be multiple parties at fault. Trucking companies have a responsibility to hire competent employees, provide necessary training, and enforce all regulations imposed upon truck drivers. Failure to do any of these could make them liable for injuries and damages caused by truck accidents. Additionally, if a defective auto part caused the accident, the company that manufactures the part could also be held responsible.
  4. A thorough investigation will need to take place. Determining exactly how a truck accident happened isn’t always easy. Oftentimes witness statements, reconstruction experts, police reports, and evidence of damage are required to understand the cause of an 18-wheeler accident.
  5. Don’t give any statements before talking to a lawyer. Trucking companies and insurance companies usually try to settle cases as quickly as possible. This means several parties will ask for your statement about what happened, but it’s important you don’t make any statements until you talk to a lawyer.
  6. Time is of the essence. Negotiating with insurance companies, conducting an investigation, and coordinating with law enforcement officials and other parties is too much for one person to handle on their own. Victims of truck accidents need to reach out to an experienced 18-wheeler accident attorney as soon as possible.
https://www.blizzardlaw.com/wp-content/uploads/2018/11/iStock-89919214_medium-e1545350815226.jpg 800 1203 e.blizzard https://www.blizzardlaw.com/wp-content/uploads/2023/08/Blizzard-Greenberg-HEX-0d266c-for-web-300x111.png e.blizzard2016-11-21 12:47:382019-11-07 17:01:476 Things To Know About 18-Wheeler Accidents

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