More Trucking Accidents in Texas Than Any Other State

July 3, 2009

More people were killed in crashes involving large trucks in Texas than in any other state in 2007. Over 10 percent of people killed in US truck crashes died in Texas.

July 03, 2009 /24-7PressRelease/ -- More Trucking Accidents in Texas Than Any Other State

Article provided by Frenkel & Frenkel, LLP
Visit us at http://www.frenkelfirm.com

Whether they are called big rigs, 18 wheelers or semis, when they are in a collision it can be deadly -- especially for the people in other vehicles.

More people were killed in crashes involving large trucks in Texas than in any other state in 2007. Over 10 percent of people killed in US truck crashes died in Texas. As disturbing as these numbers are, far more people are injured, with Texas once again leading the country with 10,255 injuries in 2007 crashes with large trucks.

Causes of Truck Accidents

A recent study by the Federal Motor Carrier Safety Administration to review the causes and other contributing factors in large-truck crashes concluded that error by the driver of either vehicle was 10 times more likely to be the cause of the crash. Other factors it evaluated included weather, road conditions and vehicle performance. The two causes found most often for the large-truck driver were recognition (being inattentive, being distracted by something inside or outside the vehicle, or failing to observe the situation adequately for another reason) and decision (driving too fast, misjudging the speed of others or following other vehicles too closely).

Closer to home, a study of fatal Texas crashes involving heavy trucks, by the Center for Transportation Safety, found that the most frequent factors cited for truck drivers were speeding (30 percent), running off the road (23 percent) and inattentiveness (20 percent). Most of the accidents occurred on rural roads, during weekdays and daytime hours, on straight dry roads, without bad weather.

Injuries and Deaths in Truck Accidents

Unfortunately, an accident with a large truck is far more likely to cause the death or injury of the people in the other vehicle. Nationwide, 75 percent of the fatalities and injuries were occupants of other vehicles. The Texas study mentioned earlier found that people in the other vehicles were 6.5 times as likely to die as those in the trucks. The main reason is fairly obvious: the huge discrepancy in size between a 3,000-5,000 pound passenger car and a truck that can weigh up to 80,000 pounds.

The most severe injuries in car crashes are to the head and chest. Less severe injuries can occur to the neck and spine, arms and legs, and face. Motor vehicle accidents are the primary cause of spinal cord injuries and the second-most frequent cause of traumatic brain injuries.

Legal Responsibility for Truck Accidents

Every driver on the road has the duty to use due care. Failing to meet this duty is considered negligent. Under Texas law, this can be considered gross negligence if it rises to the level of a heedless or reckless disregard of the rights of others. For all drivers, the duty of care includes obeying the rules of the road.

Truck drivers must follow additional rules, including: limitations on hours of service, no alcohol use within four hours of work, no amphetamines or narcotics, and being at least 21 years old (18 in Texas). There are also safety requirements involving brakes, lights, steering systems, suspension systems and cargo, which must be loaded and secured so it does not shift or fall off. Carrying hazardous materials imposes more regulations. In Texas, some rules vary by city, including regulating the use of cell phones. Some cities in Texas are banning trucks in fast lanes.

Trucks are prone to jackknife (folding back on themselves) or off-track (cutting corners with rear wheels). All trucks accelerate and brake slowly, with limited visibility for the drivers. Any of these factors can be involved in an accident.

Others Who May Share Responsibility

If the truck driver is at fault, he or she may not be the only one responsible. The truck driver's employer, contractor or insurance company could share in the liability.

The car manufacturer may also share responsibility if it can be proved that there was poor car design and manufacturing, including:
-Unsatisfactory crashworthiness
-Lack of vehicle integrity
-Seat belt failure

Advice for Accident Victims

If you were involved in an accident with a large truck, it is vital that you get help and advice from an attorney immediately. Your attorney is likely to send an accident reconstructionist to the crash site. A reconstructionist can analyze physical evidence, such as skid marks and sight lines. An investigator can evaluate the vehicles that were involved in the accident, including whether the truck driver altered part of the truck, such as replacing bald tires, after the crash.

The sooner you contact an attorney, before evidence is destroyed, the more accurate the picture will be. Your attorney will evaluate who should be held responsible: the truck driver; the employer, contractor or insurance company; or the car manufacturer.

Article provided by Frenkel & Frenkel, LLP
Visit us at http://www.frenkelfirm.com

---
Press release service and press release distribution provided by http://www.24-7pressrelease.com