Truck Accidents Caused by Negligent Hiring Practices

With the increasing demand for truck drivers, there is concern that companies may use negligent hiring practices to fill the gap, potentially leading to more serious and fatal truck accidents.

Who is driving the truck? Employers may not know

In 2021, government safety investigators found about 42,000 drivers operating trucks without Commercial Driver's Licenses (CDLs). While the details of each case are not known, it is safe to assume that proper vetting was not done. These were very likely negligent hires.

What is a "negligent hire"?

In the trucking and transportation industry, negligent hiring refers to hiring drivers without conducting thorough background checks or overlooking past violations and crashes. Knowingly or carelessly hiring unqualified people to drive commercial trucks violates many federal and state laws, regulations, and standards. And it puts everyone on the road at a higher risk of being involved in a severe or fatal truck accident.

This is a concern, especially in Texas. The state has the highest employment level of heavy and tractor-trailer truck drivers in the United States. According to the Bureau of Labor Statistics, Texas companies employ approximately 210,940 truck drivers. Metros with the highest concentration of employment include Dallas-Fort Worth-Arlington and Houston-The Woodlands-Sugar Land. Meanwhile, Laredo, Midland, and Odessa also have a lot of job opportunities for truckers.

Proper vetting of new truckers can save lives.

The link between past behavior and future accidents

The American Transportation Research Institute (ATRI) has conducted extensive research on truck accidents for years. Their 2022 update reinforces a critical finding – a strong link between unsafe driver behaviors and future crashes. Behaviors such as failure to use turn signals, right-of-way violations, and erratic lane changes are key predictors of truck accidents. Statistically speaking:

Reckless driving violations increased risk by 114%.
Truckers who have been in crashes are between 88% and 113% more likely to be involved in another accident.
Failing to use turn signals increases the likelihood of future crashes by 85%.
Improper or erratic lane changes increased the risk by 79%.

Background checks and screenings for truckers

To legally hire a truck driver in Texas, employers must check a driver's qualifications during licensing, hiring, and license renewals. They must check the Commercial Drivers' License Information System (CDLIS) and the National Driver Registry (NDR) for disqualifications in the past 10 years.

Other areas that should typically be investigated before a trucking company hires a new driver include:

License, certificates, and endorsements status. Depending on the circumstances, a truck driver may have a CDL that is temporarily or permanently disqualified.
Criminal background check. Convictions of some felony charges can disqualify a driver from operating a large truck or other commercial vehicle.
Motor vehicle crash and violation reports from each state where a driver is licensed.
Drug, alcohol, and medical screenings.

Negligent hiring practices can have devastating consequences

The strong link between unsafe driver behaviors and truck wrecks underscores the importance of responsible driver qualification processes. Trucking companies must prioritize safety and thoroughly vet potential drivers to ensure they meet all necessary qualifications.

At Tracey Fox & Walters, our legal team is well-versed in the complexities of truck accident cases and the unique challenges they present. Our experienced truck accident lawyers are dedicated to helping victims and their families seek the accountability and justice they deserve.

We work tirelessly to investigate the cause of the accident, identify liable parties, and build a strong case to pursue maximum compensation for our clients. If you or a loved one has been injured in a truck accident in Texas, contact us today for a free case evaluation. We have offices in Houston, Spring, Dallas, and San Antonio.

Houston Methodist West Hospital Doctor Sued for Surgical Error and Cover-Up

Tracey Fox King & Walters is representing the patient

A woman from Cypress, Texas, is suing her doctor at Houston Methodist West Hospital for operating on the wrong foot and attempting to cover it up. The patient, Mary "Linda" Almanza, had surgery to repair painful bone spurs in her left foot in December 2021, but instead, her right foot was operated on. What's worse is that the doctor allegedly compelled Almanza's husband to initial a consent form after the surgery, making it seem like the procedure was performed on the correct foot.

This case is particularly concerning, not only because it involves medical malpractice but also because it highlights the issue of patient consent and how easily it can be manipulated. Patients trust their doctors to act in their best interest and make informed decisions about their care. Still, as this case shows, that trust can be shattered when doctors prioritize their own interests over their patients.

"We want to make sure they have the procedures in place so something like this doesn't happen to us or anyone else we care about," said Attorney Lance Walters, who is representing Almanza. "She was supposed to get her foot repaired, but now she has two bum feet."

The consequences of surgical errors

According to a study by John Hopkins Medicine, surgical errors are the third leading cause of death in the United States, following heart disease and cancer. Beyond the fatal outcomes, surgical errors can also cause serious physical, emotional, and financial harm to patients.

In the case of Almanza, the consequences of the surgical error have been life-changing. Almanza now struggles to walk and needs a cane or walker, even in her own home.

Sadly, Almanza's story is not unique. Surgical errors affect thousands of patients in the United States each year and can result in permanent disabilities, disfigurement, chronic pain, and emotional trauma. Patients who have suffered from surgical errors may require additional surgeries, extended hospital stays, rehabilitation, and ongoing medical treatment, all of which can lead to financial hardship and ruin.

Given the prevalence and impact of surgical errors, hospitals and medical professionals must take steps to prevent them. This includes implementing better communication and coordination between surgical teams, improving training and education for medical staff, and implementing guidelines for verifying patient identities and surgical sites before procedures.

We hold negligent medical professionals accountable

A single mistake made by a doctor, surgeon, nurse, anesthesiologist, or another medical professional can have devastating consequences for a patient. Whether through recklessness or negligence, medical malpractice can leave patients and their loved ones grappling with physical, emotional, and financial challenges.

At Tracey Fox King & Walters, we are committed to advocating for those harmed by medical malpractice. Our experienced attorneys work tirelessly to build strong cases that hold medical professionals and facilities accountable for their actions. If you or a loved one has suffered harm due to medical malpractice, we offer a free consultation to help you seek justice and discuss your potential legal options. To learn more about how we can help you, contact us today. We have offices in Houston, Dallas, and San Antonio, TX.

Recognizing the Impact of Traumatic Brain Injuries on Accident Victims

March is dedicated to observing Brain Injury Awareness Month

March is Brain Injury Awareness Month, a time to recognize the impact brain injuries have on individuals and their families. Traumatic brain injuries (TBI) are a major cause of death and disability in the United States and can range from mild to severe, so it's important to understand the causes, symptoms, and treatment options. Likewise, it's also essential for brain injury victims to understand their potential legal options if negligence played a role in their injury.

Brain injuries, including concussions, are a frequent consequence of accidents involving negligence and can have significant, lasting effects on a person's well-being. The recovery process for a traumatic brain injury can vary greatly in duration, potentially spanning from weeks to years, or even lasting a lifetime.

At Tracey Fox King & Walters, our dedicated team of Texas personal injury attorneys recognizes the seriousness of traumatic brain injuries and is here to help you pursue the justice and financial compensation you deserve. To learn more about how we can help you, contact us today for a free case evaluation.

Leading causes of brain injury

Traumatic brain injuries affect people of all ages. Some of the leading causes of TBIs include:

Falls: According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of TBI in young and old age groups.
Blunt force trauma: TBI can be caused by accidents that involve being struck by or against an object. Many of these accidents are work-related or sports-related.
Motor vehicle accidents: Traumatic brain injuries are very common among victims of car, truck, pedestrian, and bicycle accidents. Motor vehicle accidents are the leading cause of TBI-related emergency room visits.
Assaults: TBI can be caused by violent assaults such as domestic violence, child abuse, gunshot wounds to the head, or physical assaults.
Explosions: Blast trauma is another cause of TBIs. Bombs or explosive devices can result in a TBI, especially for those in military service.

Brain injury symptoms

Symptoms of traumatic brain injury vary depending on the severity of the injury and the parts of the brain affected. Symptoms can be physical, behavioral, cognitive, or sensory. The onset of symptoms may be immediately after the accident, or it may be hours or even days later. According to the National Institute of Child Health and Human Development (NICHD), for a mild TBI, a person may experience the following symptoms:

Headaches
Confusion
Dizziness
Sleepiness
Nausea
Sensitivity to light or sound
Problems with memory or concentration

If someone is suffering from a moderate to severe TBI, they may experience symptoms of a mild TBI in addition to any of the following:

Headache that does not go away
Loss of vision
Prolonged nausea
Slurred speech
Seizures
Loss of consciousness
Numbness or tingling in legs or arms

If you have any reason to suspect a brain injury, see a doctor right away. A doctor can check your motor and sensory functions and may recommend imaging tests. According to the Cleveland Clinic, a CT scan or MRI can check for bleeding and swelling in the brain, confirming the diagnosis.

Treatment for brain injury

A full recovery from a TBI is more likely for those who get treatment sooner. Although the head injury occurs right at the moment of impact, more damage can occur as time goes on.

With a mild TBI, medications such as pain relievers, antidepressants, and medications to treat seizures, prevent blood clots, and increase alertness may be prescribed. A doctor may also recommend taking time off work and avoiding sports and exercise to reduce the risk of aggravating the injury.

Finally, a severe TBI may need emergency medical care. For example, surgery might be necessary to repair skull fractures, remove hematomas, and relieve pressure inside the skull. Again, a brain injury can be life-altering or even life-threatening, so it's critical that you get medical attention right away.

Contact a Texas brain injury lawyer

At Tracey Fox King & Walters, our Texas brain injury attorneys take pride in helping clients suffering from TBIs pursue the compensation they need to recover fully.

When it comes to brain injury claims, insurance companies often try to limit compensation by downplaying the severity of the injury, disputing the cause of the injury, or trying to shift the blame onto the victim.

In some cases, they may even try to pressure the victim into accepting a lowball settlement offer that falls far short of what the victim is actually entitled to under the law. That's why when having an experienced legal team on your side can help you secure the maximum compensation you deserve.

Learn what our law firm can do for you, and contact us today for a free consultation. We have three offices conveniently located in Houston, Dallas, and San Antonio.

New FMCSA Regulations Highlight Trucking Company Negligence

With more than 175,000 commercial drivers currently flagged as "prohibited" in the Federal Motor Carrier Safety Administration's Drug & Alcohol Clearinghouse, upcoming changes to the program will pose challenges for both drivers and employers. The Clearinghouse, which began operations on Jan. 6, 2021, was designed as a centralized database to track violations related to drug and alcohol testing for commercial driver's license (CDL) holders.

The next phase is known as Clearinghouse-II. Its goal is to take disqualified drivers off the road starting Nov. 18, 2024, to improve safety and help prevent truck accidents.

What does Clearinghouse-II mean for CDL drivers?

The new regulation requires State Driver Licensing Agencies (SDLAs) to take action against drivers listed as "prohibited" in the Clearinghouse. This involves removing commercial driving privileges until the driver completes a federally mandated return-to-duty (RTD) process. Some states may begin enforcement before the deadline if they have the legal authority to query the Clearinghouse and act accordingly. For CDL holders, this means any unresolved drug or alcohol violations could result in the loss of their license.

What does the DOT return-to-duty process entail?

The RTD process is required for drivers who fail or refuse a Department of Transportation (DOT) drug or alcohol test or those flagged as "prohibited" following a Clearinghouse query. It begins with immediately removing the driver from safety-sensitive tasks, including operating commercial vehicles.

To regain driving privileges, drivers must complete several steps, including:

Starting with a substance abuse evaluation conducted by a qualified professional known as a Substance Abuse Professional (SAP).
Undergoing treatment or education programs recommended by the SAP, followed by a follow-up evaluation.
Once cleared by the SAP, the driver can take a return-to-duty drug or alcohol test.
Even if they pass the test, the driver must continue participating in a series of unannounced follow-up tests over a period set by the SAP.

How can employers get ready for Clearinghouse-II now?

Employers should prioritize checking the Clearinghouse for unresolved violations to avoid disruptions when the Clearinghouse-II regulation takes effect. This involves conducting regular limited queries to identify issues and performing full queries if potential violations are detected. If violations occur, employers must immediately remove affected drivers from safety-sensitive duties and ensure they complete the RTD process before returning to work.

Additionally, all drivers covered by DOT regulations should be enrolled in an ongoing drug and alcohol testing program. This should include pre-employment, random, post-accident, and reasonable suspicion testing. Employers should also maintain accurate records of all Clearinghouse queries and signed consent forms to demonstrate compliance during audits.

Thorough record-keeping is a major part of meeting the new requirements. Trucking employers should keep detailed records of all DOT drug and alcohol tests, Clearinghouse queries, and consent forms to demonstrate compliance. Employers should retain proof of completion for drivers who have completed the RTD process to show they have been cleared for safety-sensitive duties.

How can motor vehicle record (MVR) monitoring help?

While running annual MVR checks on drivers is a requirement for DOT-regulated businesses, relying solely on these annual reviews may leave companies vulnerable to compliance risks. If a driver's CDL is suspended due to Clearinghouse-II, the company might not learn about it until the next annual MVR review. This delay can lead to drivers unknowingly operating without a valid license.

More frequent MVR monitoring allows employers to identify license changes in real-time. This makes it easier to address problems promptly and ensures all drivers remain in good standing. Implementing a program to check MVRs regularly can ensure that all drivers are cleared to operate safely, which can, in turn, help prevent serious and fatal truck accidents.

Texas truck accident attorneys fighting for the rights of injured victims

Large commercial trucks in Texas can cause catastrophic injuries when they collide with smaller vehicles. If you've been injured in a truck accident in Texas, don't wait to protect your rights. The experienced attorneys at Tracey Fox & Walters can take swift action to investigate your truck accident, gather key evidence, and hold the responsible parties accountable. We know how to fight for the compensation you need to cover medical expenses, lost wages, and other damages.

With over $1 billion recovered for our clients, we have a history of winning for injured Texans. Let us put our experience to work for you. Contact us today for a free consultation and take the first step toward getting the justice you deserve.

"The team at Tracey Law Firm was top notch and extremely supportive during the whole process. They took the time to understand the details of the case, advised on how to proceed during each step of the process, and genuinely cared about the outcome. If you are looking for a law firm that will give solid advice and achieve the best outcome, I would strongly recommend using Tracey & Fox." - Hunter B.

NTSB Urges FMCSA to Tighten ELD Rules After Deadly Truck Crash

Recent reports have uncovered serious problems with the trucking industry's current Electronic Logging Device (ELD) regulations. And now, the Federal Motor Carrier Safety Administration (FMCSA) has been directed to take action.

Investigations by the National Transportation Safety Board revealed that some trucking companies and drivers were exploiting gaps in ELD rules to avoid accurately recording their driving hours. This misuse of ELDs has led to increased risks of truck accidents caused by driver fatigue, as these drivers were often on the road longer than legally permitted.

Specifically, investigators found that false ELD records and truck driver fatigue were probable factors in a serious rear-end truck accident on I-64 in Virginia that killed three people.

In Texas, fatigue is among the factors being investigated in a recent fatal truck accident on US 75 in Collin County. According to media reports, traffic was at a standstill when a speeding truck failed to slow down and rear-ended a smaller vehicle, which burst into flames. All four occupants died.

Common tactics and loopholes trucking companies exploit

When trucking companies and drivers exploit loopholes, everyone on the road is at risk. The report's findings also highlight a broader problem in truck safety that can directly impact accident victims.

If you’ve been injured in a truck accident in Texas, understanding the implications of these regulations can be crucial to your case. Deliberate negligence puts everyone else at greater risk, and when such negligence leads to truck accidents, victims and their loved ones deserve maximum compensation for their suffering and losses.

Here is more information from our Texas truck accident lawyers about common tactics and loopholes trucking companies use to cut corners, which can increase the risk of accidents and injuries:

Under-Maintaining Vehicles. To save on costs, companies might delay necessary maintenance or repairs on trucks. Neglecting regular servicing can lead to mechanical failures that contribute to accidents.
Overloading Trucks. Exceeding weight limits not only violates regulations but also affects a truck's handling and braking capabilities. This can make it more difficult for drivers to control their vehicles and increase the risk of accidents.
Using Unqualified Drivers. Some companies might hire drivers who lack adequate experience or proper training to minimize labor costs. Inadequate training can lead to poor driving practices and higher accident rates.
Cutting Corners on Safety Equipment. Skimping on essential safety equipment, such as working brakes, proper lighting, or cargo-securing devices, can compromise vehicle safety and contribute to accidents.
Ignoring Regulatory Compliance. Companies may bypass required safety audits or inspections to avoid scrutiny and expenses. This non-compliance can result in unsafe operating conditions that endanger other road users.

Understanding these tactics can help you identify potential areas of negligence and build a stronger case. If you suspect that these practices contributed to your accident, working with a skilled Texas truck accident lawyer can help you uncover evidence and seek the compensation you deserve.

Contact an experienced Houston truck accident lawyer today

Trucking companies are required to maintain vehicles, driver standards, and accurate records. Failure to do so not only violates safety regulations but can also indicate a higher level of liability. After an accident involving a tractor-trailer, you don't want to try to deal with the trucking company and their insurance company alone. These are big, high-stakes claims, and they have teams of attorneys and adjusters on their side to reduce or deny your claim. That's why you need to contact a law firm with the experience and resources needed to take on the trucking companies.

If you or a loved one has been hurt in a tractor-trailer accident in Houston, contact Tracey Fox & Walters for a free case evaluation. We are available to hear from you 24/7. A member of our team can listen to the details of what happened, answer questions, and explain your legal options. There is no charge or obligation to hire—just information you can trust from a Texas law firm focused on getting meaningful results for our clients.

"Tracey Fox King & Walters is professional and quick to get results that I was VERY satisfied with. Everything they do is in your best interests. After I signed the final paperwork, which was Friday, my check arrived on Monday. If I ever need another firm to represent me (which I hope I don't), I will choose this firm in a heartbeat. Thank you for everything you and your firm did for me." - Dena B.

Brake Safety Blitz Grounds Hundreds of CMVs in Single-Day Crackdown

Brake Safety Day is an annual event organized by the Commercial Vehicle Safety Alliance (CVSA). Each year, it shines a spotlight on the importance of brake safety in commercial motor vehicles.

In 2024, inspectors across 47 jurisdictions in the U.S., Canada, and Mexico conducted 4,898 commercial vehicle inspections in a single day. Their findings reveal significant safety concerns that could lead to catastrophic truck accidents if left unaddressed. As a result of the inspections, 448 vehicles were placed out of service due to serious brake failures.

What were the most common brake violations discovered?

During Brake Safety Day, inspectors conducted a variety of inspections, including Level I, IV, and V, across 37 U.S. jurisdictions. These inspections identified several common brake violations, with 11.6% of vehicles inspected being placed out of service.

The most frequent issue was brake violations, which affected 20% or more of a vehicle's service brakes and accounted for 57.9% of all brake-related out-of-service violations.

Other notable brake issues included worn brake lines and hoses, broken brake drums, and inoperative systems such as tractor protection and low-air warning devices, which were found in 44.9% of inspected vehicles.

Additionally, inspectors focused on brake lining and pad conditions. They discovered 108 power units and 66 towed units with lining and pad violations. The most common problem was contamination of the brake linings, with 48 instances recorded on power units. In addition to contamination, inspectors identified cracks and voids in the linings and pads of towed units, with 23 violations being the top issue.

What role did performance-based brake testers (PBBTs) play?

Performance-based brake testers (PBBTs) played an important role in assessing the braking efficiency of commercial vehicles during Brake Safety Day. Inspectors in nine U.S. jurisdictions utilized PBBTs to evaluate 88 vehicles, with four failing to meet the minimum braking efficiency of 43.5% as required by the U.S. Federal Motor Carrier Safety Regulations.

How does brake failure lead to truck accidents?

Imagine driving down the highway when suddenly a massive truck loses control and crashes into you. This terrifying scenario often stems from brake failure, a leading cause of truck accidents. When a truck's brakes fail, the driver loses the ability to slow down or stop effectively, putting everyone on the road in immediate danger.

Brake failure can happen for several reasons, including:

Worn-out brake pads: Over time, brake pads wear down and lose their effectiveness. When brake pads are too thin, they can't generate the friction needed to stop a truck, especially in emergency situations. This can cause the truck to skid or take much longer to stop, increasing the risk of a collision.
Malfunctioning brake lines: Brake lines are essential for transmitting the pressure needed to activate the brakes. If these lines are damaged, corroded, or leaking, they can fail to deliver the necessary force to the brakes, leading to brake failure. This can leave the truck unable to slow down or stop properly, especially when quick braking is required.
Lack of regular maintenance: Trucks require regular maintenance to ensure that all parts, including the brakes, are in good working order. Neglecting routine inspections and maintenance can result in unnoticed wear and tear, increasing the likelihood of brake failure. Without regular upkeep, small issues can escalate into major problems that compromise the truck's ability to stop safely.
Overheated brakes: Brake systems can overheat during heavy use, such as when a truck is descending a long, steep hill. Overheating reduces the effectiveness of the brakes, leading to what's known as "brake fade." In extreme cases, the brakes can fail completely, causing the truck to lose control and potentially leading to a serious accident.
Overloaded trucks: When a truck is overloaded, it places additional strain on the brake system. The extra weight requires more braking power to stop the truck, which can lead to accelerated wear and tear on the brakes. In some cases, the brakes may not be strong enough to handle the load, resulting in brake failure and an increased risk of accidents.

How can a Texas truck accident attorney help?

If you've been injured in a truck accident caused by brake failure or another form of negligence, don't wait to seek legal help from a trusted Texas truck accident attorney at Tracey Fox & Walters. Our legal team has a proven track record of holding negligent truck drivers and trucking companies accountable.

We have secured large settlements and awards for clients injured in truck accidents, including

$2 million for the surviving family members of a worker killed in a trucking accident.
$1.25 million for a student killed in a truck accident.

Every case is unique, and we offer free case evaluations to review the details of your truck accident and resulting injuries. Contact our law firm online or call one of our offices in Houston, Dallas, or San Antonio to learn how we can help you pursue justice and compensation.