Traveling Houston TX Roads can be Hazardous even in an Ambulance
TxDOT numbers reveal that the largest numbers of fatal and serious injury accidents occur in the Houston area. No doubt those numbers reflect Houston’s status as the most populous area of the state. But Houston injury attorneys point out that the numbers also reflect problems with drunken driving, street racing, and speeding. Harris County is perennially the national hot spot for both drunken driving accidents and street racing.
When you’re ill or injured, you might think that once you’re in an ambulance, you’re on your way to help and safety. But that’s not always the case on Houston area roads unfortunately.
Patient Suffers Houston Crash Injuries while already onboard an Ambulance
Just after noon on Tuesday, an ambulance carrying a patient to LBJ General Hospital had a collision with another vehicle in northeast Houston in the 7200 block of North Wayside. A firefighter on the ambulance was injured in the crash. The driver of the other vehicle involved in the collision received rush transport to Memorial Hermann Hospital, presumably in a different ambulance. The patient already on board the ambulance was said to be suffering crash-related aches and pains and also received transport to the hospital.
News accounts of the accident said the cause of the collision was unclear. Our Houston injury attorneys note that they also didn’t specify what complaints patient was suffering before the crash. (Source: Dale Lezon, Houston Chronicle, 2/5/13) At least once the crash occurred, the patient was in the right place and didn’t need to wait for an ambulance to arrive.
Observe the Rules of the Road regarding Emergency Responders
The traditional rules of the road, as well as state and local laws, require that you get out of the way of an approaching emergency vehicle. Pull over, stop, and wait for the vehicle to pass. There’s an emergency somewhere and people waiting desperately for that vehicle to arrive.
More and more though, our Houston injury attorneys notice that drivers don’t observe the traditional rules regarding emergency vehicles. I see them trying to beat the vehicles at intersections, or taking the opportunity to follow in their wake at high speed to hasten their own journeys.
But this behavior, as with any failure to observe the rules of the road, can be risky. Stay safe. Observe the rules of the road and help prevent needless accident injuries to yourself and others.
Contact the Houston Injury Attorneys at Denena Points, PC if You’ve Suffered Needless Injuries in an Accident
Your initial legal consultation is always free and without obligation. And what you learn could help you make important, informed decisions for you and your family after a serious injury accident. Call us at 281-369-4363 or fill out our convenient online contact form to schedule your free consultation.
How Vicarious Employer Liability affects Your TX Personal Injury Case
Vicarious liability is the doctrine that an employer, under the theory of respondeat superior (or in other words, the master answers for the servant), bears the financial responsibility for the actions of employees acting within the scope of their employment. This is because the employer has the right and the duty to control the employee’s actions while acting on the employer’s behalf. Our Texas personal injury attorneys note that acts beyond the scope of employment, like serious criminal acts, do NOT fall under this doctrine.
But where a truck driver runs into your car and causes property damage, injury, or perhaps even death, the doctrine of vicarious liability does apply. Or where a nurse’s or doctor’s negligence causes further harm to a patient. It might also apply where a careless car wash attendant sets a car into “drive” rather than into “neutral” before sending it through the car wash. And then that car continues to drive through the wash corridor and beyond to run over and kill an innocent victim.
Our Texas personal injury attorneys point out that the Fifth Circuit defined vicarious liability for purposes of Texas law in Marshall v. Allstate Texas Lloyds Ins. Co., No. 03-20989, Sept. 21, 2005. The Fifth Circuit in reviewing the case said that in order for an employer to be vicariously (or financially) liable for the negligent acts of an employee, the action of the employee must be (1) within the general authority given him, (2) in furtherance of the employer’s business, and (3) for the accomplishment of the object for which the employee was employed.
So even if the employee makes a mistake or forgets a key element (like putting a car into neutral before setting it on the conveyor at a car wash), the employer may be vicariously liable and likely be required to pay financial damages for the employee’s act so long as that action wasn’t willful criminal misconduct.
So if you or your family members suffer because of a negligent employee, you can look to the employer to make good on the heavy costs of your unnecessary costs and losses from the accident. This might be particularly helpful in some cases. For instance, the average car wash attendant probably won’t have the assets to cover your losses. But the employer might. Similarly, a truck driver may live day-to-day and not have any financial assets to pay the costs of a serious truck accident injury, but the company that employs him or owns the truck just might.
Contact the Texas Personal Injury Attorneys at Denena Points, PC when you have Difficult Questions Regarding Your Accident Injury and Who will Pay
When you’ve been injured or lost a family member to an employee’s negligence, you should discuss your case with one of the Board Certified Texas personal injury attorneys at Denena Points, PC. We could help you determine who’s financially liable and how much they owe you for your accident injuries and losses.
We know the law. We’ve been successfully representing needlessly injured clients in complex Texas personal injury cases of all sorts for more than 15 years.
Call us direct at 281-369-4363 or fill out our convenient online contact form to schedule your FREE, no obligation legal consultation. Let our Texas personal injury attorneys answer your questions and use our skill and experience to strategize a successful outcome to your case. With a track record of more than 15 years of favorable case outcomes, we have the financial resources to take all the financial risks of your case. So we don’t charge you any attorney’s fees unless we win your case for you. Call or contact us online today.
Why Fatigued TX Drivers Cause more Serious Injuries and Fatal Crashes
Continued from Part 1. The National Highway Transportation Safety Administration issued a report called Drowsy Driving and Automobile Crashes. The report documents the effect of insufficient sleep on drivers. Our Texas truck accident lawyers emphasize that lack of sleep impairs drivers’ abilities to adequately perform the complex tasks necessary for safe driving.
The NHTSA report shows that driver fatigue results in slowed reaction times, impaired attention to the road, lack of vigilance while driving, impaired information processing and decision making, and greatly increased risks for falling asleep at the wheel and swerving off course to cause a crash.
Some Potential Road fixes to help Ease the Risk of Fatal Crashes in the Eagle Ford Shale Region
Texas is adding passing lanes to the rural, two-lane stretches of U.S. 83 on which many of the Eagle Ford Shale crashes occur. But a DPS trooper points out that driver fatigue causes many of the road accidents in the area. And passing lanes won’t help prevent an accident caused by a driver dozing off behind the wheel. Rumble strips have been shown to prevent fatigue-related accidents. According to a report by the National Cooperative Highway Research Program, the addition of rumble strips can reduce the number of crashes by as much as 44% on rural roads.
Head-on collisions caused by vehicles crossing over the centerline or median of a road take a heavy toll in Texas. Our Texas truck accident lawyers note that especially in rural areas, where some busy highways are simple, two-lane roads, speed, lack of familiarity with the route, fatigue, and drunken driving cause drivers to lose control and crash head-on into other vehicles.
A report by the National Cooperative Highway Research Program showed that adding rumble strips to roads to alert drivers when they cross out of their lanes can reduce wrecks from crossing the center of a road by 64% on average. But these rumble strips, while fairly effective in alerting distracted and fatigued drivers to the danger, have little effect when a driver is drunk or driving too fast on slick roads and has lost traction.
Contact the Texas Truck Accident Lawyers at Denena Points, PC if you were Injured or lost a Loved One in an Eagle Ford Shale Crash
We’ve been successfully representing injured truck accident and car accident victims in their injury claims for more than 15 years. Let us guide you to a full financial recovery after your serious accident. Call us at 281-369-4363 or reach us through our online contact form to receive a FREE and confidential legal consultation.
A Board Certified Texas truck accident lawyer from Denena Points, PC will meet with you to discuss your specific accident, answer your urgent questions, and evaluate your potential for fair financial compensation from your accident losses and injuries. You have no obligation to hire an attorney. Let us help; it’s what we do.
Eagle Ford Shale Area Experiencing Vastly Increased Traffic Crash Risk
An article just appeared on abc13.com (KTRK, 1/13/13) saying what our Texas truck accident lawyers have been saying for a long time: driver fatigue on the narrow, poorly-lit roads criss-crossing the Eagle Ford Shale oil and gas development region has been driving up accident injury and fatality numbers. A spike in the road accident death toll in the Eagle Ford Shale area is being blamed on the increase in traffic by fatigued drivers over recent years.
Higher Numbers of Fatigued Truck Drivers may be driving the Spike in Serious Injury and Fatal Crashes
Most of those fatigued drivers work for the oil and gas companies. And many of them are driving trucks of various sizes on these narrow roads. Much of the truck traffic is exempt from certain federal regulations limit truck driver hours on the road. And many of these drivers are piloting their trucks at the end of long shifts lasting 20 hours or more. And truck drivers tend to experience sleep apnea at a higher rate than the general population. Sleep apnea adds to the risk of driver fatigue and fatal crashes.
The oil and gas companies in the Eagle Ford Shale region would actually like to add thousands of other truck drivers to their payrolls. But truck driving is one of the few industries experiencing more open job positions than applicants.
Four Texas Eagle Ford Shale Counties Suffering under the Burden of Higher Traffic Fatalities
The KTRK article focuses on a report from TxDOT that says that in Dimmit County the number of road accidents increased from 40 in 2011 to almost 190 in 2012, a rise of more than 400%. Traffic fatalities in Dimmit County also more than doubled from 5 to 11.
In La Salle County, TxDOT says that the death toll tripled from 4 in 2011 to 12 in 2012. In the past, our Texas truck accident lawyers have reported the more than 1,000% rise in fatal and injury accidents since 2008 in McMullen County, one of the counties hardest-hit by the traffic increase from the Eagle Ford Shale area. Karnes County has seen its risk of fatal traffic crashes increase by a factor of 12 since 2008.
Add to the fatigue problem the fact that in many of these remote, previously lightly-traveled Texas counties the roads are narrow, old, two-lane roads poorly-lit and in poor condition, and you have a recipe for serious road injuries and fatalities.
Continue to Part 2 to read about some suggested solutions to the problem of increased traffic crashes.
Deadly Houston Tanker Truck Chemical Explosion Takes Driver’s Life
Wednesday morning around 4:30 a.m., a tanker truck carrying an as yet unidentified chemical exploded in the northbound lanes of the Eastex Freeway close to Bush Intercontinental Airport in northeast Houston. Our Houston truck accident lawyers note that the tanker truck crash happened on U.S. 59 by the east interchange leading to the airport.
The driver died in the crash, and hazmat crews closed both sides of the Eastex Freeway to contain the fire. All lanes of the freeway did not reopen until about 8 hours after the tanker truck explosion. Hazmat crews were worried about the possible damage to the freeway as well as the possibility of winds spreading the fire into the nearby woods. The hazmat crews were also trying to determine what sort of chemical the truck was carrying when it exploded. (Sources: KTRK abc13.com and Associated Press, 12/26/12)
The cause of the tragic post-Christmas tanker truck crash and the identity of the driver were not disclosed. The sympathies of our Houston truck accident lawyers are with the family of the deceased truck driver at this difficult time.
The Texas Gulf Coast has a High Concentration of Industries involving Hazardous Materials; TxDOT has Special Procedures for Cleaning Related Hazmat Spills
Here in the Houston – Gulf Coast region with its multitude of refineries and chemical plants, we have more than an average familiarity with Hazmat incidents and procedures. We’re used to shelter in place orders after fires, explosions, and spills lead to hazardous conditions in our area.
Because our state sees a lot of traffic in hazardous materials due to the energy and chemical industries, the Texas Department of Transportation has special procedures to clean up a zone where a wreck has left a hazardous spill or residue. Texas authorities have become very efficient at cleaning up accident scenes left by wrecked tanker trucks and other vehicles. Learn more accident cleanup in Houston: click on this article by our Houston truck accident lawyers.
Worn truck brakes, truck driver error cause NV Amtrak wreck killing 6
A tractor-trailer truck pulling two trailers slammed into an Amtrak passenger train at a crossing on U.S. Highway 95 in Nevada in June 2011 and embedded itself in a rail car. A fire broke out that consumed two railcars. More than 12 people received injuries and 6 people died in the truck crash, including the truck driver, an Amtrak conductor, and 4 passengers.
Contact the Houston Accident Attorneys at Denena Points, PC for Help if a Truck Crash has Injured You or Harmed a Loved One
At Denena Points, PC, we believe that accident victims needlessly injured by truck driver inattention or truck owner negligence deserve strong advocacy to protect their rights against the trucking companies and big insurance corporations that seek to minimize the true value of their losses. Our long-term experience successfully fighting these companies for victims’ rights could help you hold them accountable for the losses a negligent truck driver or truck owner inflicted on you.
Call us today at 281-369-4363 (877-307-9500 toll free) or just fill out our online contact form to start your FREE initial legal consultation. You have no obligation to hire an attorney. And the benefit of our Houston accident attorneys’ knowledge and experience that you receive could help you make informed decisions about your future after a serious truck crash. Let our Houston accident attorneys help you find your path to financial recovery after your traumatic accident.
The NTSB’s Conclusions from its Investigation regarding the Fatal Amtrak and Truck Crash
An NTSB (National Transportation Safety Board) panel has concluded from its investigation into the tragedy that poorly maintained truck brakes and an inattentive truck driver with a record of speeding violations caused the fatal train wreck. Our Houston accident attorneys point out that the panel also said that the weakness of the Amtrak train’s rail car walls contributed to the injuries and fatalities from the truck crash. 43-year-old Larry Valli was the fatally injured truck driver.
(Sources: Associated Press, Scott Sonner, 12/11/12; Miriam Team, NTSB.gov)
Continue to Part 2 for a discussion of the truck driver’s record, the truck owner’s negligence, and the NTSB’s recommendations from this accident.
Faulty Truck Brakes led to Multiple Deaths, Injuries in NV Train Crash
Poorly Maintained, Faulty Truck Brakes caused Unnecessary Injuries and Fatalities: Well-Maintained Brakes could have prevented the Wreck
Continued from Part 1. The Amtrak train was traveling at about 77 mph at the time of the fatal train wreck. The tractor-trailer truck was traveling around 60 mph. Skid marks show that the truck driver applied the brakes about 300 feet away from the railroad crossing, then skidded into the train. Our Houston accident attorneys emphasize that the truck should have stopped after about 230 feet, still a safe distance from the train, if the truck brakes had been properly maintained and in good condition.
The train operator, noticing the approach of a semi truck that was not slowing at the crossing, applied the emergency brake about 450 feet away from the intersection. The railroad crossing warning signals operated properly at the time of the truck crash.
NTSB investigators were unable to determine the reason for the truck driver’s failure to notice the approach of the train until he was in imminent danger of a fatal train wreck. They did not have enough evidence to clearly ascribe the wreck to fatigue, cell phone use, or ankle pain, though there were some indications of each.
Tests indicated that 11 of 16 brake drums on the semi truck were worn beyond acceptable limits. And 9 of the 16 truck brakes were either inoperative or out of adjustment. According to the NTSB, the truck driver himself would likely have remained unaware of the faulty condition of his brakes until he had to make a sudden stop. The warning lights and anti-lock brake system had been deliberately disconnected, though investigators could not determine why.
In other words, John Davis Trucking, owner of the rig, failed to adequately and safely maintain the tractor-trailer truck and its brakes. Because of the inadequate maintenance, the semi truck could not stop in time after the driver noticed the approaching train, and 6 people died and a dozen more were injured in a fatal train wreck.
The Truck Driver had a Record of Speeding Violations
NTSB investigators found that Larry Valli had a history of speeding and had received 11 citations in the past 10 years. They also found that he had not disclosed employers that had terminated him on his application to John Davis Trucking, his employer at the time of the fatal train wreck. Our Houston accident attorneys remark that John Davis Trucking also had not conducted an in-depth check to discover his employment history or speeding violations outside of Nevada.
The NTSB’s Safety Recommendations following the Fatal Amtrak and Truck Crash
The NTSB board has made several recommendations as a result of the Amtrak wreck with its multiple fatalities:
- That commercial motor carriers conduct and document investigations into truck driver histories going back 10 years prior to their applications for employment.
- That passenger rail carriers develop side-impact crashworthiness standards to minimize external encroachments into rail cars.
- That passenger railcar door designs prevent fire and smoke from moving between cars.
Our Houston accident attorneys note that laws already require truck owners to maintain their rigs to certain safety standards. Those laws however don’t prevent numbers of negligent truck owners from ignoring the safety standards. There are also laws designed to prevent truck driver fatigue, but truckers under pressure to make deliveries and cover miles sometimes work to circumvent those laws.
Your Safety is at Risk from Negligent Trucking Practices. Contact us if you have Questions after a Truck Crash Injury
Your safety and the lives of your loved ones are at risk from negligent truck owners and drivers. Contact the Houston accident attorneys at Denena Points, PC if you have questions and need help after a serious truck accident. We’re available anytime through our online contact form or call 281-369-4363.
U.S. Trucker Fatalities, Distracted Driving Deaths up by 19% in 2011
The NHTSA (National Highway Traffic Safety Administration) has just released its summary of traffic crash data for 2011. The numbers show that 32,367 people died in fatal wrecks in the United States in 2011, the lowest number of fatalities since way back in 1949 when 30,246 people died. That’s more than 60 years ago.
Crash Injuries and Fatalities in 2011 Compared to 2010
32,999 people died in traffic crashes in 2010, 1.9% more than in 2011. The number of fatal wrecks has been declining slightly in recent years. The NHTSA estimates from its FARS (Fatality Analysis Reporting System) data that 2.22 million people were injured in traffic accidents in 2011, down from about 2.24 million in 2010.
Passenger vehicle fatalities showed a decrease in 2011, but increased by a full 19% for occupants of large trucks and by 8.7% for bicyclists. Our Houston injury lawyers sadly note that fatalities were also up for motorcyclists.
- Statistics showed that of those killed in passenger vehicle fatal wrecks, more than half (52%) were not wearing their seatbelts.
- Fatal traffic crashes related to distracted driving increased by 19%.
- Texas had the largest number of fatal wrecks at 3,016, followed by California at 2,791 and Florida at 2,398.
- It’s important to note that the slight decrease in fatal traffic crashes accompanies a slight decrease (a little under 2%) in the number of vehicle miles traveled in 2011 compared to 2010.
Contact the Houston Injury Lawyers at Denena & Points if you’ve been injured by or lost a Loved One to a Distracted Driver
A careful investigation of records and technical data from a vehicle could help you prove that a driver was texting or using a cell phone when he or she caused the crash. That proof could be your key to a full financial recovery after the accident.
Contact us for a FREE legal consultation to discuss your accident and learn more about how to win your claim. There’s no obligation to hire an attorney. And we don’t charge you attorneys’ fees unless we win your case for you. Our Houston injury lawyers would be happy to speak with you. Just call 281-369-4363 or reach us through our online contact form.
Death by Distracted Driving: An Underreported Problem in Texas
Your Reaction Times Increase Dramatically when You Drive Distracted
A new study from the Texas Transportation Institute at Texas A&M University is the first of its kind. Instead of using simulators, the study tested driver in actual vehicles on actual driving courses. The study found that drivers’ reaction times were doubled while they were reading or sending test messages while driving. Many of them missed the flashing warning lights used in the study altogether.
Contact the Dedicated Texas Truck Crash Lawyers at Denena Points, PC if You’ve lost a Loved One to a Tragic Collision
We always provide you with a FREE, no obligation initial legal consultation to discuss and evaluate your case. We’d be happy to speak with you and answer your urgent questions after a catastrophic collision has claimed the life of your loved one. Just call 281-369-4363 or use our online contact form to reach us. We’re here to help.
Distracted Driving is a Deadly Disorder
The U.S. CDC says that each day 15 people die and 1,200 receive injuries in motor vehicle accidents reported to involve distracted driving. And our Texas truck crash lawyers note that distracted driving is underreported as the cause of crashes because, after the fact, accident investigators are often unable to tell that a driver was distracted at the time of the crash. Unless a witness to the crash can tell investigators about the distracted driving, they have no way to know.
Texas experienced 81,103 crashes linked to distracted driving in 2011. 361 of these crashes were fatal accidents.
Fatal North Zulch Truck Collision Blamed on Distracted Driving
In North Zulch, Texas on Friday afternoon, a commercial box plumbing truck from Delta Mechanical rear-ended a stopped 18-wheeler that had its emergency flashers on. The driver of the 18-wheeler says he noticed that the box truck coming up behind him didn’t look like it was going to stop and that the driver had his head looking downward.
At the last second, the box truck driver, 59-year-old Jack Ernest LeCroy, reportedly looked up but it was too late. He died when the box truck’s cab crumpled in upon him in the wreck. Accident investigation showed no braking marks to indicate that the box truck had tried to stop. (Source: Clay Falls and Mike George, KBTX, 12/1/12) The sincere sympathies of our Texas truck crash lawyers go out to the family and friends of Mr. LeCroy, the victim of this tragic accident.
Arrive at Your Destination Safely: Avoid Distractions while Driving
This accident in North Zulch provides a tragic example of what can happen when you drive distracted. Even if you notice an impending collision, you may not have time to react to prevent it. Be safe; don’t use handheld devices while you drive. And try to avoid other distractions and keep your attention on the road. Driving conditions can change at any time. Unforeseen obstacles can show up suddenly in your path. And our Texas truck crash lawyers understand that other drivers can make inexplicable moves that could cause a crash. You need to be alert to avoid these hazards.
Was Fatigue Behind this Fatal Pickup and Semi Wreck in Duval County TX?
Duval County is part of the 19-county community at the center of the Texas Eagle Ford Shale economic boom. Our Texas injury lawyers point out that the area has seen an exponential increase in truck traffic, fatigued drivers, and fatal accidents since 2008 when the boom really took off.
The oil and gas companies regularly assign their workers to shifts lasting 20 hours or more before they drive. Click on this article to read more about the problem of fatigued truck drivers and the increasing numbers of fatal accidents in the Eagle Ford Shale area.
A Recent Example of a Fatal Accident Involving Trucks that might be the Result of Fatigue in the Eagle Ford Shale Region
On Tuesday morning on Highway 59 in Duval County, Texas, a pickup truck driver, 33, suddenly veered into the lanes of oncoming traffic. He would have crashed head-on into an oncoming 18-wheeler, but the semi driver took evasive action to try and avoid the wreck. The Texas Department of Public safety (DPS) believes that fatigue might have been a factor in the fatal truck wreck.
The 18-wheeler driver swerved away from the oncoming pickup truck, but the pickup still struck the right side of the semi. The pickup truck careened off the semi and landed in a ditch. The pickup truck driver died at the tragic scene. A Good Samaritan who stopped to help was then involved in a subsequent crash at the scene but fortunately did not receive injuries.
If You need Help after a Serious Wreck in the Eagle Ford Shale Region, Download our Texas Injury Lawyers’ FREE Guide to Dealing with a Serious Injury Accident
Our Texas injury lawyers’ FREE accident book provides the information you need and the steps you should take after a serious truck accident to protect your rights and make a successful injury compensation claim. Click on the book icon on this web page to download your free accident guide.
If the free book doesn’t answer all of your urgent questions, you can call or email us at Denena Points, PC for a free, no obligation legal consultation to discuss your case and eligibility for a full financial recovery for your injuries. You can reach our Texas injury lawyers by phone at 281-369-4363 or by filling out our online “Get Help Now” contact form.
