18-Wheeler Crash on Highway 59 North Takes Two Lives

Mechanical failure and, potentially, driver error on the part of the truck driver resulted in a fatality crash involving an 18-wheeler and two other vehicles on August 10th just outside of Lufkin.  Thaddeus Warden, of Lufkin, was tragically killed in the crash.  Mr. Warden was driving a 2013 Dodge southbound on Highway 59 when the 18-wheeler lost control, crossed the median, and crashed into Mr. Warden’s truck and a 2016 Jeep driven by Bria Jones of Houston.  According to reports, Ms. Jones was also injured and transported to a Lufkin hospital.  A passenger in the 18-wheeler, Brenda Ramon, of Laredo, was also killed in the crash.

According to DPS reports, the 18-wheeler suffered a blowout immediately before the driver lost control of his truck.  At this time, it’s not known whether the blowout theory is based on information from the driver or evidence obtained from the scene.  However, these types of crashes are all too common on our nation’s roadways.  Many assume that a tire “blowout” is some freak accident that just ‘happens’ and can’t be prevented.  Nothing could be further from the truth.  Crashes caused by tire “blowouts”,  just like crashes caused by wheels suddenly “coming off” 18-wheeler trailers, are almost always preventable and usually the result of negligent maintenance, driver error, or both. Today’s tires are manufactured to exacting standards and don’t “blow out” unless something is badly wrong.  Remember the Ford Explorers and Firestone Tires that kept exploding and causing crashes?  Remember all the lawsuits?  That’s because tires are not supposed to blow out.  There were lawsuits because the Firestone tires were defective and dangerous. 

Now, think of all the pieces of 18-wheeler tires you see on the side of the road.  Have you ever heard of a big wave of 18-wheeler tire lawsuits?  You can bet that if the tires were defective, there would be lawsuits all over the place. The truth is, 18-wheeler tires are manufactured to significantly higher standards than passenger cars.  The average passenger car tire weighs about 20 pounds, while the average big truck tire weighs between 100 and 110 pounds.  However, as you can imagine, truck tires are also under tremendous pressure and stress.  Big trucks are allowed to carry 20,000 pounds of weight on each axle.  The most common cause of “blowouts” is driving on worn and damaged tires

or driving on under-inflated tires.  Big truck tires are designed to run on 95-115 pounds of air pressure (as opposed to the 32 pounds required for a passenger car).  When a trucking company decides to cut corners and squeeze ‘a few thousand more miles’ out of worn and damaged tires, it puts everyone else on the road at risk.  Likewise, low air pressure and worn and damaged tires are easily detected by even the most inexperienced driver if he or she takes the time to look.  When truck drivers get in a hurry and skip the pre-trip inspection required by law before every trip, the results can be absolutely tragic. 

Mike Love practices law in Lufkin, Texas, and is the founding partner with the law firm of Mike Love & Associates, LLC.  Much of Mike Love’s practice involves representing the victims of 18-wheeler crashes. He regularly speaks at legal seminars, providing continuing education to other attorneys relating to car and big truck crash litigation through the Texas Trial Lawyers Association and the Texas State Bar. If you are injured in a wreck with a commercial vehicle or 18-wheeler, contact Mike Love & Associates, LLC. We can help.

Why Road Rage Makes Driving Dangerous for Everyone

Most of us have encountered other drivers who made our blood boil. Perhaps they cut us off, slammed on their brakes, or performed maneuvers that put other people in danger. Road rage is a common aspect of driving in the U.S., but it is also a significant cause of car accidents. The next time you want to honk your horn or tailgate the annoying driver in front of you, remember this blog. A recent study published by the AAA Foundation for Traffic Safety found that 80 percent of Americans have experienced “significant anger, aggression, or road rage” at least once in the last year. Drivers experiencing these feelings tailgated motorists, honked their horns, flipped off other drivers, and yelled (an estimated 266 million people). In the most extreme cases, people have gotten out of their cars to confront other drivers or intentionally rammed other vehicles (an estimated 13.3 million people). Road rage can also cause car accidents. According to AAA, road rage is responsible for 56 percent of all fatal car crashes. Some drivers who give in to road rage might race each other, ignore signs or traffic lights, and drive much faster than the speed limit. In other words, angry drivers are not only putting themselves in danger, but other people as well.AAA’s study also asked drivers which behaviors were most likely to cause road rage. The results are consistent. Drivers who participated in the survey were most upset by being cut off, tailgated, or getting stuck behind slow drivers in the left lane (also called the fast lane).

Want to Avoid Being Victimized by Road Rage? These Tips Might Help

AAA provided helpful tips that drivers can utilize to avoid road rage. Be careful when merging or changing lanes: Give people plenty of room and always use your turn signal. In the event you accidentally cut someone off, be sure to signal an apologetic gesture. Be courteous when driving in the left lane: If someone signals they want to pass, move over to the right lane. AAA warns that even if you are driving the speed limit, drivers behind you can still become angered. Always obey signs that warn the left lane is for passing only. Never tailgate other drivers: Tailgating puts you and the other driver at risk. Always provide yourself with several seconds of stopping room in case the driver in front of you does something unexpected. Tailgating is also likely to anger other drivers. Avoid offensive hand gestures: It goes without saying that such gestures are likely to anger other drivers and escalate a road rage situation. Don’t engage angry drivers: If another driver becomes aggressive, don’t become angry in return. Be prepared to pull over and call 9-1-1 if need be. The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage you to drive safely this summer.

Why You May Need an Attorney Before Filing A UM/UIM Claim

Texas auto insurance policyholders should always ensure they have UM/UIM (uninsured/underinsured motorist) coverage. Although Texas insurance companies are required to offer UM/UIM coverage, policyholders can reject it in writing. UM/UIM coverage can protect you in the event an uninsured or underinsured motorist hits your vehicle and causes physical and/or property damage. However, there are nuances to Texas UM/UIM coverage that make contacting an attorney critical before filing claims. As a policyholder, you may run into difficulties filing a UM/UIM claim. In late 2006, the Texas Supreme Court held in Brainard v. Trinity Universal Insurance Company that insurance companies are under no contractual obligation to pay UM/UIM claims until policyholders obtain judgments establishing the liability of UM/UIM motorists and the amount of damages. So basically, purchasing a UM/UIM policy merely gives you the right to sue your insurance company and recover if you win in court. We can use a hypothetical scenario to further summarize Brainard v. Trinity Universal Insurance Company.

Jill’s Story: Why Filing a UM/UIM Claim Can Be Difficult

Jill is a single mother and business owner with UM/UIM coverage on her Texas auto insurance policy. One day, Jill is driving home from her mother’s house along East Denman Avenue when a distracted driver runs through an intersection and collides with her vehicle. During the course of the accident, Jill breaks her arm and several fingers. To make matters worse, her car is totaled. Police arrive on the scene, file a report, and discover that the driver responsible for the wreck has no insurance coverage. Jill is brought to the hospital and undergoes treatment for her injuries. During her brief stay at the hospital, Jill had been in contact with her insurance company. She had filed a UM claim but, upon returning home, discovered it had been denied. Jill’s insurance company claimed she was not entitled to coverage until she proved in court that the other driver was both at fault and uninsured, and that all her damages were caused by the accident. Due to owning a business and recovering from serious injuries, there is no feasible way Jill has the time to put the evidence together necessary to prove her case. Given her circumstances, Jill realizes she must hire an attorney. After researching the accident, Jill’s attorney can prove that the driver responsible for the wreck was texting at the time of the crash. In addition, her attorney demonstrates that the driver had no insurance coverage. By working with her health care providers, Jill’s attorney secures the records and testimony needed to establish the total amount of damages Jill has suffered as a result of this accident.  Upon presenting this evidence to Jill’s UM insurance carrier, the insurance adjuster realizes that Jill will prevail at trial, so the company agrees to pay her without wasting time and money in court. More could be said about Jill’s story and why it is essential to hire an attorney after an accident. Many possible scenarios can surprise people injured in accidents. Hiring an attorney is the best way to fight back against these possible scenarios before they can cause financial ruin. The Texas personal injury attorneys at Mike Love & Associates, LLC can review your auto policy at no cost.