Texarkana Personal Injury Lawyer

Archive for Truck Law

5 Things to do After a Truck Accident

 

Big trucks make big accidents, which is why being involved in a truck accident is always a scary time. The panic, the fear, the confusion, and the pain all make it hard to know what to do and where to go for help. Once the dust has settled, here’s five things to do after a truck accident.

 

  1. Get to safety– After the accident the first thing you need to do is get to safety. This goes for you and everyone else. Make sure you’re not in a position where you can get hit by other cars or receive further injury.
  2. Call the Police– Once everyone is safe, contact the police so they can come to the scene and facilitate the process. You’ll want to make sure they fill out and file an official police report. If you end up filing a personal injury suite, this report can make or break your case.
  3. Go to the doctor– Even if you don’t think you’re not injured, it’s a good idea to have a doctor examine you. Some injuries take a few days to feel, but a doctor might be able to find and document some hidden injuries. This will also strengthen your case.
  4. File the claim– You’ll want to file a claim with your insurance company to help with medical bills and car repairs.
  5. Lawyer up– If things get hairy, as they often do with truck accidents, a lawyer will be your best friend. Truck accidents are different from car accidents, so you need someone who has truck accident experience. Different parties can be held liable in a truck accident, it could be the driver, the trucking company or the insurance company.  

Exploding E-cig Causes Semi-Truck Crash

Exploding-E-cig-Causes-Semi-Truck-CrashE-cigs, vapes, electronic cigarettes or whatever else you call them, are all flying off the shelves. These smoke-free cigarette alternatives came on the market a few years ago and sales have continued to skyrocket month after month.

Controversy about the long term effects of e-cigs has been swirling around, but so far the controversy has had little to no effect on sales with roughly 9 million Americans using e-cigs every day.

One of those 9 million Americans is Christian Starasinch, a truck driver from Orlando, Florida. Starasinch was driving through Indiana on I-65 when his e-cig exploded without any warning. The sudden burst caused Starasinch to lose control of his semi-truck and crash into the guardrail.

Luckily there were no other drivers in the area so Starasinch was the only injured person. His injuries were mainly from the explosion of the e-cig not from the crash. He was taken to a local hospital and treated for injuries to his face.

This is not the first documented case of an exploding e-cig, but these cases are rare. The Federal Emergency Management Agency (FEMA) claims it has documented at least 25 e-cig explosions between 2009 and 2014. As a result of these 25 incidents nine people were injured, two of whom suffered serious burns.

A handful of lawsuits have been filed against e-cig manufacturers and dealers, but it is unclear whether these suits will be heard in court or even taken seriously by manufacturers at all.

If you’ve been injured and need an experienced personal injury lawyer call the Law Offices of Flint & Soyars for a free consultation.

The Tracy Morgan Accident – Part 1

While the open highways of our country provide nearly limitless freedom of travel and commercial opportunity, they can also be daunting thoroughfares. Towering semi-trucks reaching speeds of 80mph or higher can intimidate even veteran passenger-vehicle drivers. About a half a million semi-truck accidents occur every year in the United States, and tragically, nearly 5000 of them result in fatalities. A catastrophic semi accident can completely change the lives of the victims and their families.

The Tracy Morgan Accident - Part 1 Truck Accident Lawyer Attorney Texarkana

Depiction of the Walmart semi hitting the back of Morgan’s limousine van. (Please see video below for complete reenactment.)

Last year, comedian Tracy Morgan was severely injured with head trauma and broken bones, and his friend and passenger, James ‘Jimmy Mack’ McNair was killed when a Walmart semi slammed into the back of their limousine van in New Jersey. The driver of the semi had been awake for 28 hours and was traveling 20mph over the speed limit before crashing into Morgan’s van. In August 2015 the National Transportation Safety Board (NTSB) concluded that the semi was traveling too fast to react to a sign lowering the spend limit to 45mph in a construction zone. The NTSB also determined that the driver’s decision to spend a night on the road without sleep ‘a factor in the crash.’

A trucking accident can leave you and your family with irreparable damage along with the debilitating stress of having to pay car repair bills, medical bills, and funeral fees. The Law Offices of Flint & Soyars, are here to help you regain some sense of normality to your life if you have been a victim of a commercial trucker’s negligent driving.

The Law Offices of Flint & Soyars, have 30 years of experience handling truck accident cases in the Ark-La-Tex region of northeast Texas, southwest Arkansas, and northwest Louisiana.  Our lawyers have recovered compensation in excess of $1 million dollars for truck accident victims.

Contact us today for a free consultation. We offer home or hospital visits for your convenience. Se habla español.

 

Next week, Part 2, will discuss Morgan’s legal settlement.

[Image and Video courtesy of the National Transportation Safety Board (NTSB)]

Truck Drivers Continue to Text and Drive

Texas does not have any state-wide laws banning texting and driving. But, regardless of your state’s law on distracted driving or texting while driving, it is illegal for commercial truck drivers to text and drive. The Federal Motor Carrier Safety Administration (FMCSA) has banned texting and the use of cell phones by commercial truck drivers and bus drivers while they are driving. Many trucking companies and, unfortunately many truck drivers, are not aware of the implementation of this law and continue to violate federal regulations.

A trucker reaching for a phone or other device is 6.7 times more likely to experience a truck accident. According to the Department of Transportation, nearly 16,000 truckers were ticketed or using their cell phones while driving in 2014. Only four of those, however, were suspended and taken out of service. A recent investigation by ABC news filmed numerous truck drivers texting, dialing, and talking on their cell phones. In one instance, a truck driver carried on two conversations on two separate phones.

If you have been injured or a family member has been killed in an accident involving a large commercial truck, you should contact a lawyer who is experienced in investigating truck driver and trucking company liability. The Law Offices of Flint & Soyars, has 30 years of experience handling truck accident cases in the Ark-La-Tex region of northeast Texas, southwest Arkansas, and northwest Louisiana. Contact a Texarkana truck accident lawyer at Flint & Soyars today. We offer home or hospital visits for your convenience. Se habla español.

Part 5: Hiring A Truck Law Lawyer

Commercial truck accidents can be catastrophic when they happen to you or your family. They can devastate one’s health, property, and finances. When they do occur, your quick action is imperative.  You must act on your case quickly. Possibly unbeknownst to you, the trucking company and it’s insurance company have begun their investigation on the day of the accident. They will do everything to deny your injury claim and pay you the least amount possible. Don’t let them deny what you and your family are entitled to. For these reasons, you should speak with an aggressive and experienced truck accident attorney. And that is why you should consider the Law Offices of Flint and Soyars serving Texarkana, Northeast Texas, and Southwest Arkansas.

Why choose the Ark-La-Tex Law Offices of Flint and Soyars? Simple. Experience and specialty in truck accident law. Our offices have handled thousands of serious truck accident claims and collected millions for our clients during the past 30 years.

Accidents involving large commercial trucks are far more complicated than passenger car accidents. Some lawyers attempt to represent clients for anything from criminal defense to passenger car accidents. When you have been injured in a truck accident, however, you want an attorney who thoroughly understands the many specialized legal issues. Flint and Soyars truck accident attorneys have 30 years of experience with accidental truck injury claims to get you the maximum amount of compensation you may be entitled.

When injured people come into this office, our hearts go out to them. We have an experienced, professional staff of attorneys, associates, paralegals, and office staff who fight for our clients with everything they’ve got. Our goal is to be an effective advocate for our clients in the legal system. Because we are licensed to practice law in Texas, Louisiana, and Arkansas, our lawyers know the values of accident cases in all three jurisdictions and can help our clients obtain the maximum compensation possible.

Contact us today. We look forward to serving you and your family in the professional manner you deserve.

 

 

 

 

 

Trucks Often Exceed Tire Speed Rating

A March 2015 Associated Press report concluded that commercial truck tires have a definitive speed limit and some truckers are violating those limits. The report stated that commercial trucks, primarily tractor-trailers, are being driven faster than the 75 mph their tires are designed to operate at. Exceeding the manufacturer’s design parameters has been linked to tire blowouts and accidents that have, for the most part, escaped the notice of highway officials.

In the previous decade truck drivers in most US states were permitted to drive no faster than 70 mph. Tire safety was largely overlooked as they were built to operate at a maximum speed of 75 mph. Now, more than a dozen states, primarily in the West, have speed limits of 75 to 85 mph. This is concerns safety advocates because continually driving faster than the tire’s rated speed can generate greater heat that compromises the structural integrity of the tire, potentially leading to a blowout or accident.

The cause of most tire blowouts is difficult to ascertain. Many factors including debris on the road, heavy cargo, or under-inflated tires are also attributable to tire damage. According to the National Highway Traffic Safety Administration, from 2009 to 2013, deaths in accidents from commercial truck tire failures increased 30 per cent.

The Law Offices of Flint & Soyars, has 30 years of experience handling truck accident cases in the Ark-La-Tex region of northeast Texas, southwest Arkansas, and northwest Louisiana. We also handle El Dorado truck accidents in Arkansas. Our lawyers have recovered compensation in excess of $1 million dollars for truck accident victims. Contact us today for a free consultation.

Bloomberg: Truck Deaths Increasing

Deaths Up Each Year 2010-2013

In 2013, the number of people killed in large-truck crashes increased for the fourth straight year, contradicting a trend of overall improvement in U.S. highway safety. Fatalities, including truckers, pedestrians, and the occupants of vehicles that collided with semis, rose to nearly 4000 people in 2013. That is an increase of half a percent from 2012, even though highway deaths involving all types of vehicles fell 3.1 percent to 32,719.

Congressional Inaction

The report was issued a week after Congress postponed a part of a set of regulations intended to ensure truckers get adequate rest. Lawmakers targeted a portion of the rule closing a loophole that kept some drivers from working 82 hours over eight days, according to Transportation Secretary Anthony Foxx. Now, the provision won’t be unforced until 2016 at the earliest. New federal standards requiring stability-control technology to prevent rollovers, and future rules that may require stronger guards on the backs of semi- trailer can help reverse the trend, according to regulators.

“We do know tired truckers are a risk on our roads,” David Friedman, the deputy administrator of the National Highway Traffic Safety Administration, said today in a telephone briefing with reporters. “Any effort to reduce the number of people who are tired or drowsy on the road can have an impact.”
Foxx told reporters that regulators will monitor whether the new policy affects the number of fatalities. “The hours-of-service rule is a critically important rule,” Foxx said. “Critical pieces of it have now been changed.”

Overall Highway Safety Improving

Freidman stated that the aggregate condition of highway safety is improving. Besides the decline in all kinds of traffic deaths in 2013, the year tied an all-time record for the lowest fatality rate — for every 100 million vehicle miles travelled, 1.1 people were killed.

Part 4: After the accident

Preservation of Evidence and Investigation

In today’s post, we are going to talk about the forms of evidence you’ll need to collect and preserve for you case, and the investigation that will follow. These vital tools will allow your attorney to prove liability and calculate losses at trial

After the accident, it is imperative that you preserve as much evidence as possible to allow for an immediate investigation of your vehicle. Initially, investigation involves examination of the scene while the evidence, such as skid marks and debris location is fresh. Once an attorney is hired, he will send a “spoliation of evidence” letter to the defendant. This prevents any evidence from being destroyed or repaired until the attorney has had a chance to inspect the truck. Other important evidence that must be preserved includes: “black box” data, the truck driver’s hours of service log, the trucker’s medical history and fitness assessment, the truck’s maintenance and repair logs.

Eyewitness testimony will be important at trial. Take pictures and video at the scene, if possible, and collect eyewitness contact information. Eyewitness reports may help or hurt your case, and your attorney can help you with this.

After a truck accident, it is also critical to establish contact with the investigating authorities. The police report of the accident, and any subsequent investigations and reconstructions, should not always be taken as the absolute and final truth.

It is also essential that you get prompt medical attention for your personal injuries. Document everything and solicit advice from you attorney on what you should do to protect yourself after a serious truck accident.

The Law Offices of Flint & Soyars, has 30 years of experience handling truck accident cases in the Ark-La-Tex region of northeast Texas, southwest Arkansas, and northwest Louisiana. We also handle El Dorado truck accidents in Arkansas. Our lawyers have recovered compensation in excess of $1 million dollars for truck accident victims. Contact us today for a free consultation.

Part 3: Common Causes

According to the Federal Motor Carrier Safety Administration (FMCSA), in 2013, there were 3996 fatalities and over 65,000 injuries involving large commercial trucks.

Accidents involving commercial trucks can be catastrophic for drivers and passengers of personal vehicles, pedestrians, or bicyclists. Frequently, these accidents could have been avoided if the owner or operator of the commercial truck had undertaken reasonable steps or followed safety regulations designed to promote safe driving. The following are some examples of how these crashes may occur. If you’ve been involved in an accident with a commercial truck in which any of these factors were involved, an experienced personal injury attorney can help you determine if you may have a claim for compensation

First, error committed by the driver of the commercial truck, or, in other words, negligence. In 2007 the FMCSA released “The Large Truck Causation Study” that showed that driver error due to use of illicit or prescription drugs was the predominant cause of commercial truck accidents. In a quarter of the accidents studied, the truck driver’s reaction times were negatively impeded by drug use. Second, speeding was found to be a factor almost as frequently as drug use. Finally, other causes in decreasing order include the following: driver unfamiliarity of the area, use of over-the-counter medications, failure to check blind spots prior to maneuvering, driver fatigue, other illegal driving maneuvers, driver distraction, and road rage.

The Law Offices of Flint & Soyars, has 30 years of experience handling truck accident cases in the Ark-La-Tex region of northeast Texas, southwest Arkansas, and northwest Louisiana. We also handle El Dorado truck accidents in Arkansas. Our lawyers have recovered compensation in excess of $1 million dollars for truck accident victims. Contact us today for a free consultation.

Introduction to Truck Law – Part 2: The Basics

Before we begin discussing truck law, it is important that you know what to do immediately after a semi-truck accident occurs.

First, never leave the scene of an accident, no matter how insignificant it may appear to you. Staying at the scene will help avoid any confusion of your whereabouts, and will ensure that you will not be charged with hit-and-run.

Second, call 911. The police officer will be able to obtain all of the information from all parties involved. The officer will create an official record of the accident which will be vital in confirming facts and assessing fault.

Third, if safe, provide medical attention immediately for anyone who needs it.

Fourth, move to a safe place, away from the flow of traffic.

If the accident scene has been secured, and it is safe to do so, take pictures and video of the semi, any trucking company names and logos, Department of Transportation numbers, and any applicable license plates. Your cell phone camera can be essential for documenting any accident scene. Additionally, take pictures of all damage to your vehicle and other passenger vehicles and the final location of the semi.

Document the name and contact information for any accident victims and witnesses at the scene of the incident. Be polite, but do not sign papers from the trucking company and also refrain from talking to any representatives from the trucking company, either at the accident scene or at a later date. Do not consent to giving a recorded statement for the trucking company.

Fifth, contact an attorney who will aggressively and professionally handle your claim.

The Law Offices of Flint & Soyars, has 30 years of experience handling truck accident cases in the Ark-La-Tex region of northeast Texas, southwest Arkansas, and northwest Louisiana. We also handle El Dorado truck accidents in Arkansas. Our lawyers have recovered compensation in excess of $1 million dollars for truck accident victims. Contact us today for a free consultation.