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...

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...