As discussed in previous articles, because of the incredible influx in jobs and workers moving into the Eagle Ford Shale area (primarily the counties of Webb, Dimmit, Zavala, Maverick, Frio, La Salle, McMullen, Atascosa, Live Oak, and other neighboring counties to the immediate northeast), injuries and deaths have become inevitable. According to a 2012 San Antonio Express article, the emergency room visits in Dimmit Regional Hospital (Carrizo Springs) alone tripled from monthly levels noted back in 2008-2009. The most common injuries involved motor vehicle crashes. As previously mentioned, it is clear to anyone who drives on Texas Highway 83, Highway 85, Highway 16, and Interstate 35 that the amount of traffic has significantly increased since the early-mid 2000s. Hotels, restaurants, convenience stores, man-camps, and industrial equipment stores have more than tripled in numbers since the early-mid 2000s. The number of companies that have moved into the area in the last eight (8) years has more than quadrupled the population of the above-referenced counties. As such and unfortunately an inevitable situation, hundreds of crashes have occurred in these counties. Most of the crashes have involved tractors, tractor-trailers, tanker trailers, and other vehicles operated by those with a commercial drivers’ license (CDL).
Whenever a fatality occurs because of a crash in the state of Texas, the Department of Public Safety dispatches its Major Accident Investigation Team (formally known as “MAIT”) to formally investigate the fatal crash. The investigation typically involves interviewing witnesses, inspecting the vehicles involved in the crash, taking photographs of the vehicles and the crash scene, taking down written statements from witnesses, the extent of the damages to the involved vehicles, names and addresses of the drivers and others involved in the crash, the weather conditions at the time of the crash, measurements of the crash scene, diagrams of the crash scene, and medical and lab results (if available). This is not an exhaustive list. There are other factors that the investigating officer includes in his/her report. However, the most important section of the Major Crash Investigation Report is the investigating officer’s conclusions as to what he/she believes caused the subject crash and also the factors that contributed to cause the subject crash.
In previous articles, I mentioned what a Texas DPS officer is required to fill out in his/her report. Part of that report requires the trooper to conclude what, in his/her opinion, caused the crash and/or contributed to cause the crash. This is normally included in the trooper’s narrative of the subject crash and/or in Section 36 of the Texas Peace Officer’s Report “Factors and Conditions.”
Our firm has litigated hundreds of cases against tractor trailer companies and have reviewed hundreds of crash reports (fatality or otherwise). The most common factors that DPS troopers have found that tractor trailer drivers have violated are the following:
- Changed lane when unsafe;
- Disregarding stop and go signal;
- Disregarding stop sign or stop light;
- Disregarding warning sign at construction;
- Driver inattention;
- Failure to control speed;
- Failure to yield the right of way;
- Fatigued or asleep;
- Faulty evasive action;
- Following too closely;
- Load not secured;
- Unsafe speed;
- Speeding (over limit);
- Turned improperly;
- Turned when unsafe; and
- Cell/mobile phone use.
These are the most common violations that we have seen prosecuting cases against tractor-trailer companies. Unfortunately, we are seeing more and more cases involving cell phone use. Even though most companies have policies that forbid the use of cell phones while the tractor is moving, some companies allow “hands free”/”bluetooth” devices. While an argument can be made that a hands free device might be safer than having to hold a cell phone with one hand, an argument can also be made that the driver’s attention is focused on the conversation and not the road. An argument with a girlfriend, wife, or friend may distract the driver enough (even with a hands free device) that he focuses on the conversation and not on the traffic. The counties discussed above have witnessed their share of deaths and catastrophic injuries because of drivers that have violated one or more of the factors listed above. Tragic indeed. But it happens pretty much on a weekly basis.
Written by:
Joey G. Gonzalez, Jr.
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
