Statistics from the Federal Motor Carrier Safety Administration (FMCSA) indicate that over 5,000 trucks and buses are involved in fatal accidents each year. Some of these involve unsecured loads. Why are they so dangerous, what does the law say about unsecured loads, and what can you do if you or a family member is injured or killed in such an accident?

Examining the Catastrophic Nature of Unsecured Loads

Unsecured loads have always been a problem, but it was not until the catastrophic injury of a young Washington woman that it gained national attention almost a decade ago. While driving down Interstate 405 in Washington State, a piece of unsecured furniture fell from a U-Haul truck and hit the young woman’s windshield. The injury that resulted left her permanently blind. To date, she has undergone seven reconstructive surgeries and years of physical therapy.

Others have faced similar and even more frightening injuries. Victims have died from debris going through their windshields. Many have endured catastrophic and sometimes fatal auto accidents because an item has fallen from a truck and into their path. In short, unsecured loads present a serious threat to every road user, and it should never happen.

According to the Centers for Disease Control and Prevention (CDC), excessive alcohol use in the U.S. cost the county almost a quarter trillion dollars in 2010—the last year for which statistics have been made widely available. This number included costs caused by a loss in workplace productivity, health care, criminal justice, and alcohol-related car accidents. Alcohol is often a factor in personal injury law cases, and many who are injured in alcohol-related accidents are eligible to receive compensation.

Alcohol-Related Injuries

Although many people use alcohol responsibly, alcohol is a very powerful drug. When a person consumes alcohol, their body is affected in several significant ways. Their reaction time is often decreased and reflexes may become slower, their vision may become distorted or blurry, their ability to concentrate may be diminished, and they may find it hard to coordinate their movements. These side effects of alcohol make a person much more susceptible to injury.

Sometimes alcohol-related injuries are caused by something as simple as slipping and falling. This often happens in dimly lit bars or other places where alcohol is served and could be spilled. When a person has been drinking, he or she is less likely to be able to react to a slip as quickly as he or she might have been able to while sober. This makes serious injury a higher risk than if the person had not been drinking.

The trucking industry transports goods across the country and brings in billions of dollars of revenue each year, yet it also causes a great deal of harm to other drivers. In fact, estimates from the Federal Motor Carrier Safety Administration (FMCSA) show that nearly half a million truck crashes occur each year. Over 4,000 of these crashes cause at least one death, while approximately 100,000 such wrecks cause injuries to at least one person. Why do so many large truck crashes happen, and what can victims do to ensure they are compensated for their losses?

Most Common Causes of Truck Accidents

While there are many potential reasons why a truck accident may occur, many crashes could be prevented if truck drivers avoided certain behaviors. According to data from the FMCSA, the most common factors in tractor-trailer accidents include:

• Driver fatigue, including driver errors due to being overly tired

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We have all done it. You are driving along the highway when your phone rings. You know you should ignore the incessant ringing until you are not driving, but temptation wins, and you reach for your phone. Distractions such as cell phones contribute to nearly 80 percent of car crashes, according to some estimates. The National Highway Traffic Safety Administration reports that nearly 3,000 lives are lost in accidents involving a distracted driver each year. If you have been in a car accident caused by a driver who was not paying attention or was distracted, you may be able to recover compensation for your damages through a personal injury lawsuit.

Distractions Which Can Cause Traffic Accidents

For many, driving a motor vehicle becomes second nature. Although most people exhibit cautious behavior when they are first learning to drive, after a while, many people become careless regarding safe driving habits. About 2 percent of all distracted driver traffic fatalities are caused simply by drivers who take their hands off the wheel to adjust the radio or climate controls. Driving with other people in the vehicle can be a major source of distraction as well. About 5 percent of traffic fatalities in relation to distracted driving are attributed to the passengers in the car. This phenomenon is especially true of teenage drivers. Research shows that when a teen drives with two or more passengers, the likelihood that they will be involved in a fatal car accident increases by a factor of five.

Mental Distractions Are Just as Dangerous as Physical Distractions

Some may assume that if they wait until they are no longer driving to check their text messages or change the radio station that they avoid the dangers of distracted driving. However, experts say that distractions outside of the car can be dangerous too. About 7 percent of distracted driver fatalities are caused by people or other distractions outside of the vehicle. The leading cause of distracted driving car accidents is simply drivers who are lost in thought. Research shows that over half of distracted driving accidents—about 62 percent—are caused by daydreaming.

When you file a personal injury lawsuit against another person or entity for injuries that you have sustained, the proceedings will take place in two parts. The first part involves determining liability for your injuries. Sometimes, doing so is relatively easy—such as in a car accident where one driver was 100 percent at fault—while in other cases, assigning liability can be a bit more complicated.

The second part of a personal injury claim involves calculating damages, which can also become extremely complex depending on the nature of your injuries and other considerations for which you are seeking compensation. During the second phase of your claim, documentation will be extremely important, and it is largely up to you to keep a comprehensive record of your losses so that you can be compensated appropriately.

Organizing Medical Records

Certain types of documentation can actually play a significant role in both phases of your injury claim—medical records are among the most crucial. Your medical records will contain the most complete information available regarding the treatment you have received and the nature of your injuries. Your providers can also include their opinions regarding what caused your injuries and your long-term prognosis for recovery. If your claim eventually finds its way into the courtroom, your medical records could be the key to winning your case.

When you are involved in a car accident, your first concerns are most likely whether or not you or any passengers are injured and the extent of damage that has been done to your vehicle. Filing a personal injury claim may be the last thing on your mind. However, it is very important for anyone involved in an auto accident to take certain steps to preserve their right to collect compensation. The insurance company may be quick to offer a settlement that does not fully cover the present and future costs incurred by the accident, and sometimes, filing a personal injury lawsuit is the only way you will be able to be fully reimbursed for the losses caused in a car accident. If you are ever involved in a serious traffic accident, make sure to take the following steps so that if you do need to file a lawsuit, the odds of success will be in your favor.

Always Call the Police and Do Not Admit Fault

Calling the police is always a good idea after being involved in a car accident. A police report is an important formal record of the details of an accident. Bringing a successful personal injury lawsuit without a police report can be nearly impossible.

In addition, many polite individuals are in the habit of apologizing for unfortunate situations even if the situation is not their fault. If you are in an accident, do not admit fault, even just by saying “sorry” to the other driver, witnesses, or the police.

Head injuries are unlike other types of personal injury in that even a seemingly minor accident can have life-altering consequences. When a victim’s head is struck or moved in a violent or sudden manner, the brain may bump against the skull, causing severe injury. Brain injuries are often caused by car, truck, and motorcycle accidents, but they can also be caused by falls, workplace accidents, and more.

Regardless of how a brain injury occurs, the effects can be dramatic. Some who suffer brain injuries are unable to work or enjoy their lives in the way they did before the injury. In many cases, brain injuries incur substantial medical costs, including emergency room visits and ongoing doctor visits and tests. If you were injured as a result of another party’s negligence or carelessness, you might be able to receive compensation for your damages.

Brain Injury Caused by a Motor Vehicle Accident

Many victims suffer brain injuries after being involved in a car accident. If the accident was caused by a party who was driving recklessly or negligently, it is very likely that he or she will be liable for the accident. Distracted driving, including texting while driving, is often considered a negligent act, but proving that the other party was distracted can be challenging.

Everyone knows that the right thing to do in the event of a car accident is to stop and share contact information with the other driver. Not only is this the ethical thing to do, but it is also required by law. When a motorist is involved in a collision, he or she must stop his or her vehicle. Failure to stop is considered a “hit-and-run,” and leaving the scene of an accident is a crime in the state of Texas.

If you were involved in a hit-and-run, you may have suffered severe injuries that incurred significant medical costs in addition to your property damage. You may also be unable to work due to your injuries. You may wonder whether or not you can pursue compensation for these losses through a personal injury lawsuit. Successfully obtaining compensation for a hit-and-run accident can be a challenging process, but it is possible.

Next Steps

One of the most crucial steps to take after being involved in a hit-and-run accident is to call the police and get a police report. A police report that describes the details of the accident is an essential element in a personal injury claim and an insurance claim. Furthermore, the sooner you contact the police, the more likely it is that the police will be able to catch the person who hit you. Next, gather information about the accident.

In 1984, federal lawmakers passed the National Minimum Drinking Age Act, which required every state to establish the age 21 as the legal drinking age. Technically, the law did not force states to make such a change, but it did “encourage” compliance by promising to reduce federal highway funds for states that did not do so. In 2000, Congress acted again, this time establishing a nationwide legal blood-alcohol content (BAC) limit of 0.08—and again, promising to withhold federal funds from states that refused to comply. While political experts and others have continued to debate the constitutionality and appropriateness of such federal measures, both of these were passed with the same stated goal: reducing the number of deaths and injuries caused by drunk drivers on American roadways.

A Successful Venture

While it took several years, all 50 states in the U.S. eventually adopted the lower BAC standard of 0.08. Texas made the change from 0.10 to 0.08 by a legislative measure that was enacted on September 1, 1999—well in advance of the coming federal directive. Despite the reluctance in certain areas of the country, the new requirements began to have a noticeable effect on roadway safety. Federal safety reports show that in 1999, nearly 16,000 American motorists lost their lives in alcohol-related accidents. By 2015, nationwide fatalities had fallen to around 10,000 per year.

Considering that the legal BAC limit had been lowered by only 20 percent in most states—from 0.10 to 0.08—the 37 percent drop in alcohol-related fatalities was a major accomplishment. Improvement, however, seems to have slowed, and the number of annual drunk driving deaths has remained fairly consistent for the last several years. The results of a new, federally commissioned study now have safety officials pushing for lowering the legal limit once again, so as to drop the number of deaths even further.

Do you ever get nervous driving behind a semi-truck carrying a large load, such as lumber or metal crates? If you do, you are not alone. Many people feel uneasy when they are driving near large trucks shipping cargo. While the vast majority of cargo trucks contain loads that are properly secured, there is always a chance that a mistake results in loose cargo falling into the roadway. If you or a loved one has been injured in a car accident caused by debris or cargo falling off of a commercial truck, you may be eligible for compensation.

Texas Truckers Must Properly Load and Secure Cargo

The Federal Motor Carrier Safety Administration (FMCSA) is the primary federal agency overseeing the creation and enforcement of safety guidelines for the commercial trucking industry. The FMCSA requires trucks operating in interstate commerce to follow a number of rules regarding the securement of semi-truck cargo. These rules include requirements such as:

• Cargo items must be secured in such a way that items do not shift on or within the vehicle or fall from the vehicle.

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A newspaper article from this past March revealed staggering statistics for Comal County drivers—and it may not stop there. After analyzing car accident statistics on FM 32, it was found that the Comal County portion of this may be more dangerous than its counterparts. According to accident data from the past six years, the number of accidents on this stretch of the roadway increased 60 percent from 2018 to 2019. The curviness of the road, drivers moving at 60mph around the bend, and a lack of guardrails are placing many Comal County drivers at risk.

Although statistics have not yet been released for the entirety of 2020, the National Safety Council (NSC) saw a 6 percent increase in the number of roadway deaths throughout the state of Texas so far this year. While you may think stay-at-home orders would keep people in their homes, freeing up the roads for fewer accidents, the NSC believes these open roads are leading to an increase in reckless driving. Now that things are beginning to open back up, rusty drivers are taking to the roads for the first time in months and careless driving behaviors may continue despite the increase in cars on the road. Whether you are driving down FM 32 in Comal County or navigating other roads throughout Texas, it is crucial that you remain vigilant while driving and be prepared for how you should handle an accident if you find yourself in a collision with another vehicle.