Are “Not Responsible for Broken Windshield” Signs Legally Enforceable? Not a Chance
As long as the law has existed, there have been the twin impulses to find legal ways to get around it and to use the protections of law as a shield against other legal actions. This could rightly be termed a quest for technicalities. A great example of this is that it is well-known that...
There is No Such Thing as an Accident Caused by Fog
It may be fashionable to criticize the media at this particular moment, and I loathe jumping on that bandwagon, but contrary to popular belief a lot of bad reporting isn't the result of the reporter's ideological bias. From what I can tell, a large swath of bad reporting is because the reporter who has no...
The 1st-Rate Intelligence of Truck Accident Defense Attorneys
"The test of a first-rate intelligence is the ability to hold two opposed ideas in mind at the same time and still retain the ability to function." -F. Scott Fitzgerald In this line, the renowned author makes a point that modern life requires us to keep contradictory ideas straight in our heads while at the...
Mystery Driver Strikes Again: I-410 San Antonio Truck Accident
While most people would assume that the biggest challenge to the trucking industry are fuel prices, fewer drivers interested in doing the job, or competition from other forms of cargo transport, a more immediate threat stalks the highways of our nation. This danger strikes without warning, upends lives, and like a stealth tsunami, leaves tragedy...
What Elements Make a Commercial Loading Dock Dangerous?
It hardly needs noting that one of the most dangerous areas on any commercial property is the loading dock. The combination of large machines, heavy cargo, and all-too-fragile human beings often proves calamitous. Leaving aside these obvious dangers, we wondered whether or not there are factors that lead to some loading docks being more dangerous...
What Can Be Done to Protect People from Going Under Tractor-Trailers During a Crash?
Many people suffer from anxiety when driving in close proximity to tractor-trailers and while they may not realize it, there's a good reason for this fear. The space under an 18-wheeler's trailer actually has a dangerous, even lethal, legacy. This problem is illustrated by a recent crash in Houston between a motorcycle and an 18-wheeler,...
Commercial Truck Accidents Caused by Falling Cargo
While most commercial truck accidents involve a truck colliding with another vehicle, there is a small, but not insignificant number of accidents that are caused when cargo form the trailer falls off and obstructs the roadway. While some may be tempted to look at these accidents as "just another truck accident," the fact is that...
Whodunnit: Evaluating An Accident With Several Possible Causes
There's a common misconception that accident attorneys will often sue anyone even tangentially related to a wreck--especially if those distantly-involved parties have deep pockets. The idea of course is that profit, not prudence, guides the attorneys' decision-making. It's a deeply cynical stance that is perpetuated by pop culture's insistence on portraying attorneys as vultures and...
Commercial Truck Drivers: Here’s How Not to Get Sued
Among the most easily prevented type of accident where a truck driver is usually at fault are those where passenger vehicles collide with poorly marked trailers. While some may argue that these types of accidents are uncommon, we've seen accidents that involve this fact pattern, not once, not twice, not three, but four times in...
How Trucking Companies Hide Behind Intentional Tort Arguments
By paying a monthly fee to an insurance agency, people essentially place a bet that something bad will happen to them or their property. To "win" on that bet, the insured must first actually lose by incurring serious damages. Depending on the policy in question, that could be anything from a home ruined by a...
What’s the Difference Between Compensation and Restitution?
A common question we receive when someone calls us after they or a loved one has been involved in an accident is, "Won't the courts make the person who hurt me pay restitution?" As with many questions in the law, the answer to that question can be complex, because the law permits two different avenues...
Are Wet Road Conditions Grounds for an Act of God Defense?
While crashes due to inclement weather are not uncommon across the United States, I recently learned of an incident here in Texas, which prompted me to write a little more in-depth about the phenomenon. In wet, foggy conditions, a tractor-trailer hydroplaned just outside of Midland. It entered oncoming traffic and collided with a passenger vehicle,...
A Look at Commercial Truck Emergency Signal Regulations
Just before sunrise, January 9, 2017, Alex A. Ortega was killed in a collision with an 18-wheeler, which was reportedly blocking the intersection of County Road 1160 and Business 20 near Midland, Texas. According to news accounts, the truck stalled, while crossing through the intersection, before being struck by Mr. Ortega's vehicle. Without knowing more...
Is the 2017 Plains Ice Storm an Act of God, Legally Speaking?
This past weekend, an ice storm coated parts of Texas, Oklahoma, Kansas, and Missouri with up to an inch of ice. As a result hundreds of thousands of people lost power, there were massive disruptions, and most tragically, 6 people are known to have lost their lives in storm-related traffic accidents. There is no word...
Stopping the Buck: Rose City Tragedy and Truck Accident Liability
President Harry Truman famously had a placard on his desk that read "The Buck Stops Here." The phrase ultimately means that one must take responsibility for his decisions and actions, and can't "pass the buck" to dodge any consequences. That idealism is laudable, of course, but ducking blame has been practiced for millennia and shows...
How Can Human Perception Affect A Motorcycle Accident Case?
Perception is tricky. Two people can parse an image or a situation differently even when receiving identical input. Take this classic example: Or try this: Visual tricks like these have been around for years and illustrate a crucial point known to cognitive scientists and illusionists alike: In some instances, our senses lie to us. This...
The “Bad” Truck Driver in a Chehalis, WA I-5 Truck Accident
On January 6, 2017, there were two accidents on Interstate 5 in Chehalis, WA. According to reports, on the southbound side of the highway, an SUV collided with a pedestrian who was attempting to cross the road. In that accident, the 15-year-old pedestrian was killed. Naturally, this accident slowed traffic in both directions. A short...
Do Trucking Companies Need Safer Delivery Rules In Residential Neighborhoods?
Commercial trucks are serious business. Freight needs to get all over the country, and every year over $9 trillion in freight is hauled to and fro by trucks. We can talk all day about some glimmering future of electronic drones making deliveries (thanks for the raised expectations, Amazon), but our infrastructure right now depends largely...
Liability for Highway Obstructions in Texas Law
We have noticed a lot of news reports lately about motorists who for one reason or another collide with the rear of a tractor-trailer. Fault in these instances is always case-specific. Sometimes it falls on the passenger vehicle's driver; in other instances, fault lies with the trucker. There are even accidents where inclement weather or...
Should Semi-Truck U-Turns Be Illegal?
It's difficult for a truck accident law firm to ask questions about commercial truck safety without those who drive trucks for a living taking offense and thinking we're "anti-trucker." I'd like to dispense that notion right off the bat. We have the utmost respect for 99% of professional truck drivers who drive their whole careers...
