What to Know about Insurance Claims and Ice Storm Damage

On the afternoon of June 28th, a truck driver allegedly fell asleep while driving an 18-wheeler on I-20 east of Dallas , causing him to crash into four cars and three 18-wheelers. This accident resulted in five deaths and an unknown number of injuries. This crash caused I-20 to be closed for several hours on Saturday while the victims were treated and the vehicles were removed from the scene. The driver was arrested the next day after admitting to falling asleep while driving, and is facing five counts of manslaughter along with a count of aggravated assault with a deadly weapon. 18-wheeler accidents have become a near daily occurrence, putting many drivers at risk. It is important to obtain counsel immediately if you have been in a collision with an 18-wheeler to ensure evidence is preserved and the accident is investigated thoroughly. If you have been injured in a serious 18-wheeler or commercial vehicle accident in Texas, call Wham & Rogers at 832-592-1108 for a free consultation.

We often receive phone calls from people whose attorney won't return their calls, won't help them find medical care, or won't give them any advice about property damage. When I ask who this lawyer is, they usually don't know. Invariably, I find out that they hired the lawyer through a service that contacted them. A shocking number of these solicitation companies are breaking the law. They are committing the crime of barratry . Attorneys who hire companies to illegally solicit business for them are focused on quick, easy settlements. They’ve already taken an illegal shortcut to get your business. They want to settle your case with the least amount of effort. They do not want to spend time answering your questions and helping you with anything that won’t make them a quick buck. I’ve learned of situations where lawyers hired through solicitation companies settled cases without their client’s consent — and even situations where the client’s settlement check bounced. If you hire a lawyer who contacts calls you personally or through a service, you may be hiring a lawyer who is breaking the law. This is not who you want representing you. If you did hire a lawyer through one of these services, you may be the victim of barratry and there are lawyers who will pursue these claims for you. ( Our firm does not handle barratry claims ) When you need a personal injury attorney, do your research. Check the reviews for the firm. Call to talk with the lawyers. If you can’t get a lawyer on the phone to talk with you, that is a sign you may need to look elsewhere. Our client reviews will attest that we provide personal, caring service to our clients. If you want attorneys who will treat you like family, call Wham & Rogers.

Austin, Texas - Texas is already one of the most dangerous states for fatal 18-wheeler crashes, and major disruptions from trucking collisions are a near-daily occurrence. This morning, an 18-wheeler and six other vehicles collided near the Austin-area suburb of Georgetown . The severity of any injuries sustained in the commercial vehicle wreck has not yet been reported, but the crash and recovery efforts have led to the complete closure of southbound lanes on Highway I-35. The Texas Department of Transportation warns that traffic will be disrupted for hours. Just last month, commuters on I-35 suffered a major, multiple-fatality accident when a driver for an Amazon delivery contractor crashed his 18-wheeler into 17 other vehicles . Investigations continue into the cause of the crash. Despite the frequency and severity of 18-wheeler and commercial vehicle crashes in Texas, the State Legislature is considering new laws that would protect trucking companies from liability in these wrecks . When combined with other new legislation capping damages that result from these serious 18-wheeler accidents, Texans would be left even more vulnerable. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .

Texas has led the nation in large truck crashes since 2017. Despite this, the Texas Legislature is considering bills that would sacrifice Texans' safety for commercial trucking and insurance company profits

A proposed Senate bill, pushed by insurance company lobbyists, would severely limit damages for victims involved in crashes with 18-wheelers, further tipping the scales in favor of insurance companies at the expense of Texans’ rights.

Five people were killed and eleven injured in a major, multi-vehicle collision on the evening of March 13th in Austin, Texas. According to NBC affiliate KXAN , one individual has been charged: "Police sources confirmed with KXAN the person arrested was the driver of a semi-truck hauling for Amazon. The driver involved in this incident is not an Amazon employee. … The owner of ZBN Transport LLC said Friday afternoon there’s been no contact with its semi-truck driver." (KXAN) According to Austin police, the alleged driver has been charged with multiple counts of intoxication manslaughter. Amazon, like many other large corporations, has chosen to expand its operations via an array of third-party contractors rather than relying solely upon employees. This provides the company with greater flexibility on pay and benefits, and may also seem like attractive way to reduce liability for accidents like the above. However, many large corporations have discovered that merely declaring a worker to be an “independent contractor” does not necessarily make it so. In one notable example, a court of appeals in Oregon ruled that Domino’s Pizza, Inc. was directly responsible for an accident caused by one of their franchisee’s delivery drivers, and could not disclaim liability . A decade later, the Supreme Court of Ireland found the same. Amazon has also faced legal scrutiny over its "Delivery Service Partner" program in the state of Georgia: "Jurors Thursday handed down a $16.2 million verdict at trial against Amazon Logistics and a service partner. ... Notably, jurors also concluded that Amazon exercised sufficient control over defendant Fly Fella Logistics to render the delivery giant liable ." (Courtroom View Network) To be considered truly “independent”, a contractor should exercise significant control over his own schedule, and be able to make decisions over how and when to provide services. When a company policy guarantees a specific delivery timeframe, or denies digital app or marketplace access to a contractor based on number of jobs taken per week, they may risk having the supposedly “independent” contractor being considered an employee. If you have been seriously injured by a commercial driver, or a contractor for a major corporation, the Texas 18-wheeler accident experts at Wham & Rogers, PLLC can help. Speak to an attorney today by calling (832) 592-1108 or leaving us a message on our contact page.

Up to 40% of all commercial truck accidents are caused by distracted driving. In 2018, there were 4,832 deaths caused by distracted truck drivers. That number was 4,977 in 2019 and 4,777 in 2020, according to the Federal Motor Carrier Safety Administratio n. The categories of distracted driving tracked by the FMCSA include: Talking or Listening to Cellular Phone Other Cellular Phone Related Using or Reaching For Device/Object Brought Into Vehicle Eating or Drinking Dialing/Manipulating Cellular Phone a Lost In Thought/Day Dreaming Adjusting Audio and/or Climate Controls Using Other Device/Controls Integral to Vehicle Distracted By Other Occupant(s) Careless/Inattentive Distracted By Moving Object in Vehicle Distraction/Careless Looked But Did Not See Smoking Related Cell phone use by truck drivers It’s important to note that the FMCSA prohibits texting and the use of handheld devices by truck drivers. Violations can result in fines, and even suspension of commercial driver’s licenses. Drivers who use handheld devices are 4x more likely to be in a serious crash. Text messaging increases the risk of a collision by 23 times. Cell phone use delays a driver’s reaction time as much as a blood alcohol concentration of 0.08%. How does distracted driving affect truck drivers’ performance? Distracted driving can slow the driver’s perception of traffic events, resulting in delayed reaction times. Slow reaction times may cause incorrect steering, too much brake pressure or inaccurate accelerator pressure. What can trucking companies do to reduce distracted driving by truck drivers? Require regular distracted driving training for drivers; Install distracted driving software which blocks use of social media, streaming video and texting while driving; Develop a distracted driving policy and require each employee to sign it, requiring them to agree to follow the policy. Enforce their distracted driving policy—and reprimand employees who fail to follow the policy. Educate dispatchers: Dispatchers shouldn’t expect immediate responses if drivers are on the road. Remind drivers to set their voicemail and call forwarding when on the road. Use driver facing cameras to ensure compliance with the safety rules. If you have been the victim of distracted driving by a commercial driver, Wham & Rogers can help you. We can rapidly respond to a collision in order to download the electronic control module and when necessary, download the phone of the distracted driver. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation. ‬

If you drive on Texas highways you have likely encountered some situations which you felt were unsafe or even dangerous. As a parent or grandparent, we especially worry about protecting our children from dangerous drivers, particularly from large commercial vehicles such as 18 -wheelers. How to protect your family while on the road with 18-wheelers: Be alert and aware of your surroundings when driving near 18-wheelers. Keep watch where the truck is and where other nearby cars are located and their movement. Being alert can give you time to move out of the way and to safety in the event of a collision. Don’t crowd 18-wheelers. When driving behind a semi- truck, leave enough space to stop in case the driver must slam on his brakes. You do not want to rear-end an 18-wheeler. Pass safely. When passing an 18-wheeler, stay closer to the shoulder than to the truck and pass as quickly as you can safely pass. If you linger next to the 18-wheeler, you may be in their blind spot. Don’t cut in front of a semi-truck. It takes large trucks a long distance to stop. Leave enough space between you and the truck so they can avoid hitting you in the event of a slowdown. Avoid the big rig’s blind spots. Large trucks have multiple blind spots, including the right side of the truck, directly in front of the truck, and directly behind the trailer. To protect yourself, stay out of these blind spots. The old adage is that if you can’t see the driver in the mirror, they can’t see you. Use your turn signal. Always use your turn signal when you are changing l anes or making a turn. Give the big rig driver sufficient warning of where you are moving to so he can avoid hitting you. If you travel in mountainous areas, you may have seen the runaway truck ramps. These ramps are there because trucks can have brake failures on steep slopes. Stay away from big trucks on both inclining and declining slopes to protect yourself in the event of a runaway truck. If you are sharing the road with a big truck and the road is steep, stay as far away as you can in the event of a brake failure. 18-wheelers take very wide turns due to their length. Give them enough space when they are turning so they don’t hit you. Here are some other safe driving tips to help keep you and your family safe while on the road: Avoid distractions, such as texting, applying make-up and eating; Watch out for and move away from drivers who are swerving or otherwise demonstrating that they are distracted by texting on their phone; Always make sure your child is in the proper car seat, even when traveling in someone else’s vehicle; Keep a proper distance between you and the vehicle ahead of you. Keep enough space to that if the traffic stops ahead of you that you have time to stop; Check your rear and side mirror often. You may be able to change lanes to avoid a collision if you are keeping a close lookout; Allow enough time to get to your destination so you don’t have to rush; Plan your route ahead of time and use voice-activated navigation systems so that you can focus on driving rather than searching for the road you need to turn on; Obey the posted speed limits; Take breaks—don’t become fatigued; Keep a first aid kit in your car and if you are traveling in desert areas, keep extra water in your car. If you are traveling in icy conditions, make sure you have the proper tires and chains, if required. Also, make sure you have blankets and other supplies to stay warm if you are stranded. The attorneys at Wham & Rogers have years of experience in 18-wheeler collision cases. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation.

If you have sustained serious injuries due to someone else’s negligence, you should consult with a personal injury attorney right away. If you delay in retaining an attorney, you take the risk that evidence favorable to you will disappear. You also risk being misled or taken advantage of by the insurance company.