Texas Truck Driver Fatigue and the Deadly Risk of a Fatal Crash

Trucks are heavy vehicles with immense power and momentum. Truck drivers and even ordinary passenger car drivers tend to experience a phenomenon sometimes called “highway hypnosis” after long hours behind the wheel. Drivers will fall into a trance-like state from their long periods of relative immobility and lack of real stimuli on long drives. It’s a short step from highway hypnosis to briefly dozing off at the wheel and causing a serious injury accident requiring long hospitalization. Our Alvin, TX truck accident attorneys realize that you might have experienced the phenomenon yourself. Texas highway journeys are often quite long.

Even the briefest doze can cause a fatal truck wreck when the truck drifts off course. Fortunately, most dozing truck drivers snap back to wakefulness before any real harm is done. But occasionally a brief doze behind the wheel could lead to a serious or even a fatal truck wreck.

Our Alvin, TX truck accident attorneys note that driver fatigue is an especial problem for long haul truckers. They spend long hours behind the wheel day in and day out. Even the liveliest banter on a CB radio can’t necessarily deflect the danger of accumulated fatigue and keep the truck driver alert. A poll of long haul truckers found that within the 30 days preceding the survey, 20% of the drivers admitted to dozing off at least once behind the wheel.

Federal officials recognize the danger of fatal truck wrecks caused by driver fatigue. The government has issued regulations limiting the number of hours that long haul truckers may drive in a single day. The regulations prescribe scheduled rest breaks in an effort to limit the effects of truck driver fatigue. Truckers are also supposed to keep accurate logbooks noting their hours driven, rest breaks taken, and other information showing their compliance with the federal regulations.

The Alvin, TX truck accident attorneys at Denena Points, PC understand that there’s probably nothing that the ordinary driver can do to prevent truck driver fatigue or the fatal truck wrecks in Texas that result from it. But when you’ve been injured in a truck wreck caused by truck driver fatigue, you should make every effort to hold those who caused it legally accountable for their actions. Only then will long haul truckers and the trucking companies that employ them have real incentive to abide by the laws regulating the numbers of hours that they can drive and their rest breaks.

The trucking companies themselves are often to blame for truck driver fatigue problems. These companies may set unrealistic delivery deadlines. And their truck drivers might have to drive long hours to meet their goals. The trucking companies might offer incentive rewards for early deliveries that tempt their truck drivers to skip needed rest breaks.

Our Alvin, TX truck accident attorneys emphasize that trucking companies and their insurers do know how frequently trucking accidents occur. So they maintain aggressive teams of highly trained accident investigators, manipulative insurance adjusters, and clever defense attorneys always at the ready to defend truck accident claims.

Continue to Part 2 to learn what to do after a serious truck wreck from driver fatigue harms you.

Making a Financial Recovery after Serious Texas Truck Accident Injury

Contact the Alvin, TX Truck Accident Lawyers at Denena Points, PC if a Big Rig has Harmed You or Your Loved One

Continued from Part 1. At Denena Points, PC, we believe that needlessly injured Texas truck accident victims deserve strong advocacy and protection of their rights against the big trucking companies and powerful insurance companies that would minimize the value of their losses to protect their own profits.

These days, with modern technology, there are many ways to track long haul truckers’ hours and routes driven. An experienced and knowledgeable Alvin, TX truck accident lawyer like Chad Points or Tony Denena could investigate your Texas truck accident and put his knowledge to work for you.

Your lawyer’s examination of the facts and circumstances of the Texas truck accident might turn up just the proof you need to show how driver fatigue helped caused your injuries. And in driver fatigue cases, fault might well lie with the trucking company as well as the long haul trucker. Making your claim against a trucking company as well as a long haul trucker increases your chances of obtaining the full financial compensation you deserve for your accident losses.

The Board Certified Alvin, TX truck accident lawyers at Denena Points, PC could help you hold the trucking company accountable for the losses that a fatigued long haul trucker inflicted on you. Call us today at 281-369-4363 or fill out our online contact form to schedule a FREE initial legal consultation to discuss your injuries. We will meet with you face to face to hear your story. You have no obligation to hire an attorney. And our in-depth knowledge and experience with Texas truck accident injury cases could help you make informed decisions about your future following a serious wreck.

When you’ve been injured in a Texas truck accident, you won’t be able to win your claim on your own. You need practiced Alvin, TX truck accident lawyers who can stand up to trucking companies’ tactics. Your able lawyers should know how to prove your claim with evidence the truckers can’t refute. Our law firm has extensive experience helping injured victims of Texas truck accidents recover fair compensation for their injuries. We could negotiate a fair settlement for you or if the trucking company won’t agree to a proper settlement, we could take your case all the way through trial.

Contact our Alvin, TX truck accident lawyers today for your free legal consultation and a free book on Texas truck accident claims. We’re here to help you recover.

How can a Pearland 18-wheeler crash lawyer help me win my injury case?

The Pearland 18-wheeler accident lawyers at Denena & Points emphasize that personal injury accident cases against commercial trucks are very different from ordinary car accident cases. For one thing, there’s much more money at stake in a commercial truck accident injury case. The insurance policies that cover commercial trucks in case of a wreck generally have about 50 times the value of the average car insurance policy.

The expenses you have from your commercial truck accident injury will also usually be far greater than from an ordinary car accident case. Because of the huge amount of the possible financial payout on an 18-wheeler crash injury, commercial truck insurers take a far more aggressive stance when they defend commercial truck accident injury claims than when they defend a simple car accident payout.

The Strong Opposition You Face from Defendants in a Commercial Truck Accident Injury Case

You might face a whole team of highly paid, high-pressure insurance adjusters, shrewd insurance defense lawyers, and creative accident reconstruction specialists all trying to undermine or destroy your valid accident injury claim.

And guess what? Texas law does not automatically require the trucker or truck company that caused your injury to pay you financial compensation for your costly injuries. It’s up to you to pursue your claim for financial compensation. Filing a lawsuit lets the trucker and trucking company know that you’re not going to go away and let them get away with their negligence.

Filing your valid claim could bring the defendants to the negotiating table where you and your Pearland 18-wheeler accident lawyer could convince them of the strength of your case. Your strong case, backed by the solid evidence gathered by your lawyer, could motivate the defendants to offer you a fair monetary settlement without the need to go to trial. Continue to Part 2 to learn about how to gather the evidence you need to WIN your case.

You Need Strong Evidence to WIN Your Case and an Experienced Lawyer

You Need Strong Evidence to WIN Your Case and an Experienced Lawyer to Know Where and How to Locate It

Continued from Part 1. A key element to your success in the claim is a thorough examination of the 18-wheeler accident scene by your lawyer. Investigators from the trucking company and the insurance company will likely be at the scene almost immediately. Their purpose there is to gather evidence against you and lay the blame for the crash on you.

You need an intelligent and capable Pearland 18-wheeler accident lawyer to begin collecting evidence to support your side of the claim as soon as possible. Time is not on your side. Evidence begins to disappear and degrade almost immediately following a commercial truck accident injury. For instance, some of the evidence is lost forever when the scene of the wreck is cleared.

Witnesses begin to leave the scene right away and their memories of what they saw begin to fade and change. Wrecked cars and commercial vehicles get sent to salvage. Vehicle parts get stolen or sold from the salvage yards. Video surveillance recordings are erased and tapes recycled, sometimes in as little as a few days. And potentially liable defendants might purposely hide, alter or destroy key pieces of evidence.

Don’t wait. Contact us for a FREE, No Obligation Legal Consultation to Discuss Your Accident and Potential Eligibility for Financial Compensation

When you hire an experienced Pearland 18-wheeler accident lawyer from Denena & Points, you get the benefit of more than 15 years of professional experience investigating commercial truck accident injury scenes. We know the evidentiary value of photographs and measurements of the site, combing the site for forensic evidence, and surveillance photos and videos of the scene.

We know how to locate and interview witnesses to the accident, obtain copies of important first responders’ reports, sequester, preserve, and examine the vehicles involved in the crash, and get forensic testing on evidence as needed. We could help you through the difficult and demanding process of gathering, preserving, and evaluating the crucial evidence required to win your case.

A commercial truck accident injury victim is rarely in a good position to take this on these tasks alone. Even good lawyers who are inexperienced with 18-wheeler accident claims don’t stand much chance of successfully obtaining just financial compensation for you in these cases. To obtain the full monetary recovery you deserve after your traumatic accident, you’ll need the help of an experienced and knowledgeable Pearland 18-wheeler accident lawyer.

The sooner you bring us in to help build your case, the stronger are your chances of success. And we don’t charge you attorneys’ fees unless you win. Contact us today for your FREE consultation at 281-369-4363 or through our easy online contact form. We could guide you to your road to financial recovery after a serious commercial truck accident injury.

Truck Driver Fatigue a Deadly Serious Safety Problem on Texas Highways

The Board Certified Galveston truck crash injury attorneys at Denena Points, PC point out that tired drivers are a major safety problem on Texas highways. Tired truck drivers and the serious truck crashes they cause are deadly serious safety problems on Texas highways, particularly in the booming oil and gas development areas of the Permian Basin and the Eagle Ford Shale.

According to federal regulations, truck drivers are not allowed to work for more than 14 hours at a stretch without taking hours off for a rest break. Of the 14 hours they can legally work, only 11 of those hours can be spent behind the wheel and the other 3 must be spent on other activities like truck cargo loading and unloading.

To show their compliance with federal regulations governing their hours and required rest breaks, truck drivers must log their time and distance driven. Traditionally, most truckers have logged their time in paper logbooks (sometimes referred to by the drivers as “comic books”), which could be easily falsified.

Our Board Certified Galveston truck crash injury attorneys note that industry demands mean that truckers are under pressure to drive as many miles, as many hours, and as many cargo runs as possible. So truck drivers eager to compete for financial rewards might drive longer hours without rest breaks and might falsify their logbooks accordingly.

What’s the Solution to the Problem of Truckers that Falsify Hours in their Logbooks?

To combat the temptation to cheat in paper logbooks, the Commercial Motor Vehicle Safety Enhancement Act of 2011, which was incorporated into MAP-21, the Moving Ahead for Progress in the 21st Century Act, includes a provision requiring EOBRs (electronic on-board recorders) in all heavy trucks. EOBRs monitor how long the truck’s engine is running. The truck driver is unable to manipulate the EOBR the way he could manipulate and falsify a paper logbook.

A federal safety study found that truck driver fatigue contributed to as many as 13% of all heavy truck wrecks. The purpose of the MAP-21 provision mandating EOBRs in all heavy trucks is to prevent the deadly serious safety problem of truck driver fatigue on our highways. Our Board Certified Galveston truck crash injury attorneys emphasize that the resulting improvement in driver safety and alertness could benefit everyone by preventing some serious truck crashes.

Get the Help You Need if You’ve been Injured in a Truck Wreck: Contact Us

Truck wrecks happen, no matter what safety precautions we all take. When they occur, serious or fatal injuries often result because heavy trucks weigh up to 40 tons, or more if they’ve been overloaded. Our Board Certified Galveston truck crash injury attorneys understand that you might need help coping with the aftermath of a serious truck crash and the resulting injuries and losses.

So we’ve written a book for you that tells you the steps you need to take after a truck wreck has harmed you or a loved one. Download your free book on what to do after a serious truck crash injury. You can also find tons of information on our website in our blogs, informational articles, and FAQs. So feel free to browse the website and use our search function to find the information you need.

And when you have additional questions for which you need answers, don’t hesitate to contact our Board Certified Galveston truck crash injury attorneys for a FREE and confidential legal consultation to discuss your injury case. You have no obligation to hire an attorney. And we won’t charge you attorney’s fees unless we win your case for you. So call us at 281-369-4363 or reach us through our online contact form and put our more than 15 years of experience to work for your financial recovery after a serious truck crash.

3 Critical Points about Your Financial Recovery after a Truck Collision

Truck collisions with passenger vehicles can be more violent and catastrophic than collisions with other passenger vehicles. The accidents between tractor-trailers and cars tend to produce more life threatening, disabling, and fatal injuries than the simple crashes between two passenger vehicles. Our Pearland personal injury lawyers point out that loaded tractor-trailers can weigh more than 80,000 pounds, leaving passenger vehicles and their occupants at a distinct disadvantage in the event of a crash. Momentum and speed factor in to give those 80,000 pounds even more deadly force than weight alone can account for.

The big insurance companies that cover truck accident policies have a vested interest in minimizing or denying your accident injury claim if they can. They have years of experience and highly paid insurance defense teams on their side, which you simply don’t have. This also leaves you at a distinct disadvantage after a truck collision.

The more serious injuries caused by truck collisions mean that victims face higher costs and heavier financial burdens. In an average vehicle collision, a critically injured victim faces expenses of approximately $1.1 million. When the injured victim is a passenger vehicle occupant hurt by a truck collision, those costs could be much higher. The expenses for ongoing medical care needed because of the crash could last for the rest of your life.

You need an Experienced Pearland Personal Injury Lawyer to Win the Full Financial Recovery You Deserve after a Catastrophic Truck Collision has injured you or a Loved One

Texas laws permit you to pursue the liable parties who have injured you to seek fair financial compensation for the needless harm they inflicted on you. But Texas law doesn’t require them to pay you even a single cent. You must prove every element of your injury compensation claim to win a fair financial recovery. Click here to read about the elements you must prove to win an injury compensation claim.

Contact the Board Certified Pearland Personal Injury Lawyers at Denena Points, PC for Help after a Catastrophic Truck Collision has Injured You or a Loved One

Our Pearland personal injury lawyers always provide you with a free and confidential initial legal consultation to discuss your case and evaluate your potential for a full financial recovery for your injuries. You have no obligation to hire an attorney. Just get the answers you need to move forward in life after a catastrophic accident.

Call us direct at 281-369-4363 or reach us through our online contact form. We don’t charge you any attorney’s fees unless we win your case for you. So call today.

Injuries and Sudden Death by Truck and Bus Driver Pedal Misapplication

Occasionally accidents happen where vehicles suddenly accelerate into groups of people, seriously injuring and killing some of them. Invariably, the driver says that the brakes failed. The drivers blame the catastrophic accidents on equipment failure and sudden, unintended acceleration.

Sudden unintended acceleration is a problem with some vehicles due to design and manufacturing defects. Several Toyota models, for example, have a notorious history of sudden, unintended acceleration.

Our Galveston bus accident attorneys note that subsequent investigation of most of these serious “brake failure” accidents shows that all the equipment, including the brakes, worked fine. And drivers’ and witness statements often note the sound of an engine revving nearby as the vehicle picks up speed even as the driver is madly stepping on a pedal on the floor of the vehicle.

The Real Cause of Many Multi-Injury or Fatality Heavy Vehicle Accidents Involving Unexpected Acceleration is Pedal Misapplication

It turns out that these accidents result from driver misapplication of the accelerator pedals instead of the brake pedals. The drivers believe that they are applying the brake pedals. And as the brakes apparently “fail” and the vehicles continue to pick up speed, often heading into a crowd of pedestrians or smaller vehicles, the drivers panic and freeze up.

An NTSB report entitled Pedal Misapplication in Heavy Vehicles, Special Investigative Report, 9/1/2009, calls pedal misapplication an “error of response execution.” This means that the driver has selected an appropriate response to a situation (applying the brakes), but has executed it incorrectly or inadequately (the driver has stepped on the accelerator or on both the brake and the accelerator at the same time instead). Pedal misapplication accidents happen sometimes in passenger vehicles. Elderly drivers caused many of the major passenger vehicle accidents of this type.

Some Typical Causes of Driver Pedal Misapplication Errors

Our Galveston bus accident attorneys point out that with heavy vehicles like buses or 18-wheelers, the damage inflicted can be far worse than with passenger vehicle accidents. And the drivers are usually younger. These heavy vehicle pedal misapplication accidents often result when novice drivers take the wheel or when experienced drivers change from one type of vehicle to another.

For instance, Blue Bird and International style school buses have two different types of pedal configurations on the floor. Our Galveston bus accident attorneys emphasize that this can confuse drivers as they change bus types and lead to serious accidents.

In fact, this different pedal configuration has led to some very serious and deadly accidents. Government safety officials trying to determine what to do to reduce the danger of heavy vehicle pedal misapplication to pedestrians and other vehicle occupants have studied these accidents extensively.

Continue to Part 2 to read about some of the deadly accidents of this type that have been studied by safety officials on a quest for a problem fix.

Deadly Accelerator Pedal Misapplication Accidents in U.S. School Buses

Liberty, Missouri: May 2005

Continued from Part 1. In May 2005 on SR 291 close to Liberty, Missouri, a school bus carrying 53 elementary school children began to accelerate as it approached an intersection at the bottom of a slight hill. The bus driver, thinking that the brakes had failed, tried to steer the bus onto the shoulder of the road and away from the traffic in the intersection.

The bus moved onto the shoulder, hit a light pole, and struck a stopped Lincoln LS, which pushed the Lincoln into a GMC pickup truck. The three vehicles then moved forward together into a drainage ditch at the corner of the intersection. The Galveston school bus accident attorneys at Denena Points, PC note sadly that the drivers of the Lincoln and the GMC pickup truck were both killed in the collision. 48 of the 53 school children and the bus driver were injured in the crash.

NTSB investigators found the brakes of the bus to be in good working order. The driver was tested and found not to be under the influence at the time of the accident. And our Galveston school bus accident attorneys mention that the driver also possessed all proper licensing and training credentials. The NTSB concluded from these facts, eyewitnesses, and the bus driver’s account that the accident was consistent with the signs of driver pedal misapplication of the accelerator rather than the brakes:

An apparent brake failure or loss of braking;
The increasing speed of the bus just before the accident;
The wide-open engine throttle heard by the witnesses; and
The stressful situation of approaching the intersection and its traffic while behind the wheel of a bus that appeared to be out of control.

Falls Township, Pennsylvania: January 2007

In January 2007, a school bus driver loaded 10 students in the parking lot of a high school in Falls Township. His was one of several buses loading students, and there were also groups of students on the sidewalk near the parking lot. The driver said that he had loaded the students, put his foot on the brake pedal, and started the bus.

That’s when the school bus began to accelerate, jumped a curb, and ran into a group of students on the sidewalk. Our Galveston school bus accident attorneys remark that the bus struck 18 students. The bus driver said that he was hitting the brake harder and harder but the bus wouldn’t slow or stop. He finally steered the school bus into a concrete retaining wall, which finally stopped the vehicle. In all, 22 people were injured in the accident.

Accident investigators found no sign of mechanical failure in the bus or its brakes. The driver was properly licensed, trained, and not under the influence at the time of the accident. Witnesses and the bus driver heard an engine revving. Significantly, our Galveston school bus accident attorneys emphasize that the school bus the driver drove on that day had pedals of different heights, sizes, and separation than his usual bus. It also had the engine in the rear of the bus rather than in the front. The investigators concluded that pedal misapplication due to unfamiliarity with the particular school bus involved was the cause of the accident.

Continue to Part 3 to learn about possible ways to prevent pedal misapplication injuries and fatalities from school bus and heavy truck pedal misapplication accidents.

Potential Ways to Reduce Deadly U.S. Pedal Misapplication Accidents

Continued from Part 2. Brake Transmission Shift Interlocks (BTSIs): A BTSI device requires the bus or truck driver to press down on the brake pedal in order to shift an automatic transmission vehicle out of “Park” and into an active gear. Comparisons of BTSI equipped vehicles to those without BTSIs reveals a huge reduction in the number of sudden acceleration accidents (from 16.6 down to 1.7 per 100,000 vehicles for the Ford Aerostar, for instance).

Our Galveston truck accident injury attorneys note that installation of BTSI systems in U.S. passenger vehicles is purely voluntary. Due to the additional risk posed by sudden acceleration accidents in heavy vehicles like trucks and buses, the NTSB has recommended that the NHTSA require installation of BTSI systems in all new heavy vehicles.

But BTSI devices are only effective in preventing sudden acceleration accidents in vehicles just starting out of park. Other solutions are needed for vehicles already in motion.

Vehicle pedal design: One interesting new design being tested in Sweden involves replacement of the two separate accelerator and brake pedals with a single pedal. If the driver presses the single pedal forward, the vehicle accelerates. If the driver presses the rear of the pedal down, it slows and stops the vehicle. Drivers tested say the pedal is easier to operate, and almost eliminates pedal misapplication errors.

Where two pedals continue to be the norm, wider spatial separation of the two could reduce the chance of driver pedal misapplication errors. And our Galveston truck accident injury attorneys emphasize that using pedals of different sizes, heights, and mounting would also help.

But until there is consistency in pedal design, the NTSB recommends that those in charge of school bus transportation advise drivers of the dangers of pedal misapplication when changing between buses of different types and to require drivers to refamiliarize themselves each year with all the different types of buses and pedal configurations they might drive.

Positive separation between vehicle and pedestrian spaces: Using bollards or other physical barriers to separate vehicle and passenger areas such as in bus stations and school bus loading zones won’t reduce the number of sudden acceleration pedal application errors. But our Galveston truck accident injury attorneys point out that it will reduce the chances of injury or fatality to pedestrians from these errors by providing strong physical separations between the vehicles and the pedestrians in the event of an accident.

Highway vehicle Electronic Data Recorders (EDRs) on school buses and coach buses as well as heavy trucks: Installation of EDRs on heavy vehicles won’t prevent pedal misapplication accidents. But since they record detailed specifics on vehicle status, direction, braking, acceleration, and other factors in the seconds leading up to a crash, the EDRs could help pinpoint the cause(s) of devastating accidents.

Learn What to Do if You or Your Loved One Becomes Injured in a Serious Accident

Download our FREE book on how to protect your rights in the aftermath of a serious accident. Click on the book icon on this web page. The book provides a step by step guide on how to protect your rights and build a successful accident injury claim. And if you need more help or information, feel free to contact the Galveston truck accident injury attorneys of Denena Points, PC at 281-369-4363 or through our online contact form. We’ll provide a free initial legal consultation to discuss the specifics of your accident injury as well as your potential eligibility for financial compensation. Don’t delay; time is of the essence in collecting evidence after any accident. Call today.

What are Your Most Life Threatening Hazards on the Job in Texas?

Our Texas personal injury lawyers mention that they’re probably not what you think they are.

• Your greatest risk, for instance, is for a fatal transportation accident. These accounted for a full 41% of all fatal work accidents in Texas in 2011. Roadway accidents represent 57% of these, but only 27% involve a collision with another vehicle. About 8% percent of fatal transportation accidents involve air travel and 3% involve rail transportation. 16% occur when vehicles strike workers on foot. So while work-related travel might sometimes seem fun and exciting, it actually presents your highest risk of a fatal work accident in Texas.

• Your second highest risk, at 27%, is from a work-related homicide or violence and other injuries caused by people and animals. This category appears to include violent robberies; it’s not just disgruntled workers that open fire in the workplace.
• After that, you risk a fatal work accident due to contact with objects and equipment (15%). Most of these types of accidents appear concentrated in the construction and oil and gas industries.
• Then falling, slipping, or tripping at work is your next highest risk at 14% 12% of these accidents result from falls to a lower level and are concentrated in construction occupations. 22% of these fatal accidents result from falls of more than 30 feet.
• Exposure to harmful substances or environments represent 9% of your risk of a fatal work accident. Our Texas personal injury lawyers note that many of these accidents occur in oil and gas extraction and refining as well as in other types of mining.
• Your risk of a fatal fire or explosion is only 3%. These types of accidents usually attract more news coverage because they’re so disturbing, but the risk is actually pretty low. (All data is from the U.S. Bureau of Labor Statistics Census of Fatal Occupational Injuries.)

So next time you’re looking for a new job, consider the risks. Construction jobs generally are very dangerous, as are many jobs in the oil and gas industries. One of your highest risks of a fatal work-related accident, for instance, could be from a deadly truck crash while working on the Eagle Ford Shale oil and gas development.

Injured in a Serious Truck Crash? Download our FREE Guide on What to Do to Safeguard Your Rights to Financial Compensation after a Needless Accident

Click on the book icon on this web page to download your free guide from our Texas personal injury lawyers. If you have additional questions regarding the specific accident that harmed you or your loved one, don’t hesitate to contact us for a free and confidential initial legal consultation. There’s no obligation to hire an attorney. Get in touch with us at 281-369-4363 or through our online contact form. Our Board Certified Texas personal injury lawyers will be happy to meet with you to discuss your accident and evaluate your potential eligibility for financial compensation.