It’s not to Get Rich; It’s to Help You Heal

Just about half of us will get into a car accident within a year of earning our driver’s license.

Over time, that statistic increases.  Eventually, you will be hard pressed to find someone that has never even been in a fender bender, much less something serious like a semi accident.

Since we have nearly all been through this, it should be a pretty straightforward process, right?  The insurance company assesses the damage and indemnifies the victim.  By the way, indemnify is just a fancy word for “make whole.”

Unfortunately, after a semi accident, it’s not as always so straightforward.  In fact, normally that initial settlement is to close the case; not to ensure that the victim is able to heal completely.

What an Insurance Company will Offer as a Settlement

After a crash, most people will see just the economic damages.  That is, the damage you can put a dollar amount on.  Generally they fall into three categories:

1. Property damage. How much is your vehicle worth, and how much would it cost to replace it?
2. Medical expenses. How much was the hospital visit and how much will the follow up cost?
3. Lost wages. If you missed work, how much of your income did you lose out on because you weren’t able to work?

Those numbers are pretty easy to come up with.  An insurance company will offer that as their settlement so they can close the books on this claim and not have to worry about it down the road.

But there is much more to most wrecks; especially after a sever semi accident.  This settlement will likely fall far short of what you actually need in order to heal.  In fact, it can often require much more than what those easily calculated damages will cover.

Why You need  Herbert & Eberstein After Your Semi Accident

After a crash, the economic damages are the starting point.  This is what it will take just to smooth the surface.  But there are much deeper issues that can, and almost always do, come up after a semi accident.

1. Property damage. The dollar value of your vehicle is the starting point.  But what about the memories attached to it?  What about the convenience of having it in your garage?  Are you getting compensated for the time you will be without a vehicle and the headache of buying a new one?  What if you drove a compact car, but now you feel unsafe in something smaller than an SUV?
2. Medical expenses. After a crash, you might have what look like minor injuries: broken bones, scrapes, and bruises.  But too often these injuries come with complications that arise later in life.  What if you need back surgery for an injury that manifests in 3 to 5 years?  What if that broken bone causes early onset arthritis and physical therapy in 10 years?  What if you feel fine now, but start having debilitating headaches in a month or two?
3. Lost wages. It’s easy to see that two weeks of lost wages now equals how much money you would have made if you spent two weeks working.  Now consider if your injury makes work harder, and you can’t keep up with your job now so you have to seek employment elsewhere… at a lower salary?  What if your injuries flare up later and you have to file disability in 5 years?  Even if you’re out of work for an entire year, does the initial settlement account for a year’s worth of lost retirement savings and growth?
4. Non economic damages. Accidents, especially intense ones like semi accidents, aren’t easily forgotten.  In fact, accidents are the leading cause of PTSD since the Vietnam War.  Therapy, counseling, and mental health visits can take years to have a significant effect.

There is so much that goes into a semi accident, that there’s almost never a time that the initial settlement will suffice.

Let’s Talk about How we Can Help You Heal

The role of a semi accident attorney is to ensure that you have a chance to heal completely.

That’s where Herbert & Eberstein come in.  With the experience necessary to fight for you, Zach and Brian can ensure your settlement will provide the financial stability you need, so you can focus on getting your life back to normal.

Let’s chat about it.  Fill out the contact page, or give us a call at 214-414-3808 and we’ll discuss your case, free of charge, and see how we can help you heal.

How to Protect Yourself from Truck Collisions

Years ago, while driving the freeways around Los Angeles, the vehicle I was in and the one caravanning behind us came to a sudden stop.

We were traveling in the left lane, when suddenly a large semi truck was parked in the lane ahead of us.

With rush hour traffic picking up, we weren’t able to quickly merge to go around, and we were forced to stop as cars zipped past on our right.

This story, fortunately, has a safe and happy ending for us.  A small break in traffic allowed our two vehicles to get around the truck without getting involved in an underride collision.

For many others, however, those stories don’t end quite so peacefully.

Truck Underride Collisions Account for 25% of Fatal Truck Accidents

We know that truck accidents are often more devastating due to the sheer size difference.  How big is that difference?  Think of a 200 pound man colliding with a 9 pound baby; those are roughly the same proportions.

But one of the biggest dangers in these accidents is called a truck underride collision, where the passenger vehicle goes under the trailer on a cargo hauling semi truck.  While not as common as many of the other types of collisions, statistically truck underride collisions account for roughly a quarter of accidents involving trucks and passenger vehicles.

Dangers of Underride Collisions

Despite what the movies may show, a passenger vehicle is not able to pass underneath a semi trailer without making any contact.

Instead, when an underride collision occurs, the vehicle is generally wedged beneath the trailer (either form the side or from the rear).  Because the collision occurs at windshield level, the roof of the vehicle is often sheared off; depending on the force of the impact.

Without too many visuals, it’s easy to see how these collisions can be deadly.

How to be Safe on the Roads

We know what happens, but how do we protect ourselves on the road?  There are three things to keep in mind.

• Watch for Stopped Trucks: When a truck is stopped on the roadway, or just off, they have reflectors, cones, and signals that should be deployed. But sometimes these are missing, or covered and unable to be seen.  Keep an eye out for stopped trucks to avoid an underride collision.
• Be Wary of Cross Traffic: Many highways are bisected by smaller county roads. While most truckers understand the time it takes to get across the lanes safely, some may underestimate speed, or overestimate their acceleration.  If you see a truck waiting to cross, slow, and be ready to evade.
• Trucks Utilize Deflectors: Modern semi trucks have taken measure to prevent underride collisions. A rear collision protector and side air deflectors are starting to be more common.  There are no regulations requiring these yet, but as time goes on safety will improve.

Chat with a Truck Accident Attorney after a Collision

It’s very rare that someone is involved in a truck accident and they don’t need the help of an attorney to navigate the difficult waters of liability.

If your loved one was killed in a truck accident, or if you were injured, then you need to speak with the truck accident attorneys from Herbert & Eberstein to figure out liability and how you can get compensation that covers your losses.

Call 214-414-3808 or fill out the contact form to schedule your free, no obligation, consultation.

Why Semi Truck Drivers Need to be On Point

Semi trucks help keep America running.  Transporting goods from one end of the country to another, day after day, these truck drivers are instrumental in making sure that we have what we need to survive.  But semi truck accidents can have dire consequences.

Since truck drivers are on the road all day, they fall into a category of professional drivers.  They are held to a higher standard because this is not only their job, but the trucks they drive are massive and can cause a lot of damage when not handled properly.

Let’s take a quick look back to 2014 to see what happens when a truck driver is negligent and becomes careless with the 80,000 pound vehicle he is controlling.

The Story of Jorge Amparo; Lifeguard and Soccer Player

Jorge is a family man.  After immigrating to the US from the Dominican Republic, he worked hard to provide a great life for his family in their new home in Pennsylvania.

Once an athlete, his entire life has been upended following a terrible crash in August 2014.

Driving home after a long day at work, Jorge was stuck in traffic as he was coming to the conclusion of his evening commute.  It was a typical day on the road; things get backed up as people flock home to see their families.  What he wasn’t prepared for was the fully loaded semi truck that wasn’t expecting traffic to be at a standstill.

Without warning the truck crashed into the back of Jorge’s 1993 Mitsubishi so violently that he his driver seat broke free from the frame.  He was crushed, trapped, and had to be cut free from the vehicle using the Jaws of Life before being rushed to the hospital with multiple fractures; including many serious back injuries.

The doctors were able to save Jorge’s life.  Many surgeries later he can once again walk, although with the aid of a walker due to his left leg no longer fully functional.  He is left with headaches, and suffers from bouts of nausea that can cause him to vomit at any given moment.

The former soccer player and once a lifeguard can’t even get dressed on his own anymore without his wife’s aid.

A jury found the trucking company guilty of negligence and failure to operate with reasonable care.  Jorge and his family were awarded nearly $15 million in economic and non-economic damages.  The Stamford Advocate explains that much of the awarded amount was to serve as a warning to the trucking industry: they’re in a position to do great harm if prudence isn’t exercised.

Justice was served, but Jorge will live the rest of his life with the constant reminder that a driver chose to take his eyes off the road for a few seconds, and caused massive harm.

Herbert and Eberstein are Semi Truck Attorneys in Texas

Often, semi truck accidents have much worse outcomes where the victims don’t survive.  Those that do are often left with life changing injuries like Jorge Amparo.

Without regulation, and the reminder that they need to be vigilant in protecting the public, these types of accidents will continue.  Fortunately, justice can be served, and families compensated when truck drivers act without prudence.

If you, or a loved one, have been involved in a semi truck accident, then you absolutely need a truck accident attorney on your side.  Zach Herbert and Brian Eberstein will work diligently to discover the truth about what happened, and ensure that you receive the compensation that you need to get your life back on track.  Fill out the contact page, or give us a call at 214-414-3808 to start your free consultation.

The Most Common Failures in a Semi Accident

There are many semi accidents that are caused by human error: speeding, blowing a stop sign, or driving under the influence.  But just as many are caused by something that nobody can see until an investigation takes place.  Equipment failure happens a lot, and much of it can be prevented with regular maintenance.

Working with a semi accident lawyer, like Herbert & Eberstein, can help you get the compensation that you deserve after an accident.  Give us a call at 214-414-3808 and let’s get a conversation going.

Common Equipment Failures that Lead to Semi Accidents

Any equipment can fail.  Here are the top equipment failures that can lead to an accident.

Engine Failure – A truck goes through a lot in any given year.  While most passenger vehicles run for about 15,000 miles every year, a semi goes around 100,000 miles.  All that wear and tear means maintenance and inspections need to be done almost 10 times as often.  When it’s not completed, it can lead to catastrophic failure at high speeds.

Trailer Failure – There are two things that fail on the trailer.  The cargo can shift if it hasn’t been loaded and secured properly.  Or the trailer hitch can fail.  If not securely connected to the cab of the semi, thousands of pounds of trailer can be sent down the highway with no way to control it.

Brake Failure – Hauling 80,000 pounds means that trucks need some high quality brakes to ensure they can stop on time.  There are plenty of issues that can go wrong in the braking components, and that can leave the truck driver without a way to stop.

Tire Failure – You have probably seen the bits of shredded tire on the side of the highway.  Thousands of miles and heavy loads wear them out quickly.  When one of the tires blows, the truck driver has to be able to maintain control until it can be fixed.

Electrical Component Failure – Modern semi trucks include a lot of electrical and technological components.  Electrical system failures can result in the inability to control the vehicle and may lead to a semi accident.

When a semi truck crashes, the injured party is most often in a smaller passenger vehicle nearby.  The size discrepancy means that crashes are more likely to be severe than minor.

Dallas Semi Accident Attorneys Fight for You

If you, or a loved one, have been in a semi accident, you will need a semi accident attorney to help get everything sorted out.  Until the truck accident is reconstructed it may not be completely clear what even happened.

Zach Herbert and Brian Eberstein will help you receive compensation that fully covers your losses.  It all starts with just getting to know you and understanding the situation.  Give us a call at 214-414-3808, or simply fill out the contact form.

Safer Roads for Everyone May Mean Longer Transit Times

Every day at least 10 people die in fatal truck accidents according to iihs.org.  Nearly a quarter of all accidents involving large trucks are due to excessive speed.

These facts have led the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) to propose new regulations that will limit the speed of these big rigs.  Their goal is to reduce the number of occurrences such as what happened in June 2015 outside of Chattanooga, Tennessee.

9 Vehicles, 18 Victims, One Reckless Driver

On June 22, 2015 a new truck driver entered the workforce; on June 25^th his career would be over as a fiery crash would end the lives of 6 innocent victims and injure a dozen others.

To say the cause of the wreck was strictly speed related wouldn’t give the story justice.  There were multiple factors that contributed to the devastating wreck.  But if speeds were reduced, it is safe to say that there would be fewer victims in this situation.

After leaving Florida, the truck driver was heading north.  Records indicate that he had been on the road for 50 hours, far longer than the 14 hours allowed by current truck driving regulations.  Combine that apparent fatigue, speeds of 78 miles per hour in a 55 mile per hour zone, and an intoxicated truck driver, and the disaster wasn’t a matter of “if”; it was “when”.

The truck plowed into a line of cars that were slowed in a construction zone.  Ripping through them, 18 people were injured or killed before the vehicle finally stopped.  Instantly fires were ignited, and other motorists were hurrying to remove the victims from the twisted remains of their vehicles.

Three years later, sentencing was complete.  The truck driver was delivered a total of 82 years in prison for all of the accounts of aggravated assault, vehicular homicide, and more that he caused on that day.

This sad story isn’t a new or unique one.  Every day this happens when trucks and passenger vehicles collide.

Multiple Proposed Speed Regulations

Currently there are no definitions on what maximum speed trucks will be able to go.  Speculation puts them somewhere in the 60 – 68mph range.  With today’s modern GPS monitoring, however, it wouldn’t be difficult to have the speed modified depending on location; faster when it’s wide open roads and slower approaching more heavily populated areas.

The rule would apply to vehicles that have a gross vehicle weight of 26,000 pounds or higher; these guidelines mean that it would include multi-passenger vehicles, buses, school buses, and semi-trucks.

However, there is a lot of push back on these ideas.  The regulations have been proposed multiple times, and have yet to come to fruition.  Critics cite lack of data showing slower speeds would lower fatal accident rates, as well as the speculation that the speed discrepancy would actually increase the number of accidents.

The latest bill was pushed through at the senate level, but never made it all the way through.

Herbert and Eberstein are Truck Accident Attorneys in Dallas, Texas

No matter the cause of the truck accident, the fact is that innocent people are injured and killed.  For many, they never receive the full compensation that they deserve.

If you, or a loved one, have been involved in a truck accident, then you need to speak with Zach Herbert and Brian Eberstein right away to ensure everything is handled appropriately.

Let the experts handle the case, while you focus on healing.

Call 214-414-3808 or fill out the contact form to get started on your free consultation.

Scene Reconstruction Gives more Accurate Information

With many thousands of trucks on the road at any given time, there are bound to be accidents.  They often lead to severe injuries (like traumatic brain injury) or death.  When you’re filing a claim against a trucking company, you need a personal injury attorney like Zach Herbert or Brian Eberstein on your side to help reconstruct the scene.  If you, or a loved one, have been injured or killed in a semi truck accident, call us right away at 214-414-3808 so we can get things started to ensure your case is handled properly.

Benefits of Semi Truck Accident Reconstruction

In order to be fully compensated for the loss you have incurred, you have to be able to prove that the truck driver, or the trucking company, was negligent.  By reconstructing the scene of the semi truck accident, it is easier to show exactly what happened leading up to your wreck.

Semi Truck Accident Reconstruction Variables

Most accidents aren’t exactly straight forward.  It’s usually not as simple as the truck ran a red light and smashed into your vehicle.  Instead, there are a host of variables that come into play, including:

• Weather conditions
• Road surface
• Size of the truck
• Size of your vehicle
• Speed and direction of travel
• Braking and Steering information

After analyzing all of these, it’s much easier to get a feel for what happened leading up to the crash, and how it all occurred.  As technology improves, and cameras and computers recording data come into play, reconstructing the accident is a much faster process.

Proving Negligence to Help Your Case

After the semi truck accident has been reconstructed, there is still more work to be done.  Even when we are able to prove that the other party was at fault, for you to receive the full compensation for your injuries and losses we show negligence.

Negligence can come in a variety of forms.  Some of the most common are:

• Distracted driving
• Impaired driving
• Speeding
• Not yielding right-of-way (usually includes running a sign or a light)
• Reckless Driving

This is not to mention that negligence can also take the form of failure to make sure the truck is in good working condition so that no mechanical issues come into play.

Herbert & Eberstein Semi Truck Accident Attorneys in Dallas

After an accident where you have been injured or your loved one has been killed, you have a lot on your mind.  You’re trying to recover.  Fighting with insurance companies is not something that’s high on your list.  But don’t just put this off and take the first settlement offer given to you!

Get in touch with Herbert & Eberstein to help you get back on your feet (maybe even literally).  Fill out the contact form, or give us a call at 214-414-3808.  First, we just need to have a conversation to make sure that we can help with your semi truck accident claim.

I35 and I45 Both Ranks as Deadly Stretches of Road

When you get on the road in Texas, you join up with hundreds of thousands of other motorists all speeding along to their destination.  Around the bigger metro areas, like DFW and Houston, the traffic can get a little intense.  Speed, negligence, and heavy traffic can all lead to collisions and, too often, fatal accidents.

There are some roads that are generally considered more dangerous than others.  Texas has two that pass right through the Dallas area.

From Galveston to Dallas – I45

Interstate 45 that runs from Galveston to Dallas has earned a reputation that nobody really wants.  Just outside of Houston, the stretch of road has been named as the deadliest highway in the country.  Heavy commercial truck traffic, and heavy passenger vehicle traffic, provide a terrible scenario where more fatal accidents happen per 100 miles than anywhere else in the country.

From Laredo North Through Dallas – I35

Starting at the Mexican border and crossing the entire country to the Canadian border, I35 provides an essential corridor for shipping.  Heavy with truck traffic, the worst stretch of road is near Austin, TX where the bulk of the fatal accidents happen.

Staying Safe on Dangerous Highways in Texas

When there is a ton of traffic on the road, it’s more important than ever to remain vigilant so you can avoid being involved in a truck accident.  Driving these dangerous highways in Texas, it’s important to watch for:

Road Conditions – Heavy traffic means that roads will wear out faster.  This is especially true after a wreck that can damage the surface of the road and cause more rapid deterioration.  Pay careful attention to the road conditions (as well as guard rails, signage, and other design features or flaws).

Weather Conditions – Northern states have to worry about snow and ice a lot more than those in Texas.  There are times in the winter when highways become slick, but that’s not the only inclement weather.  Heavy rains that limit vision, high winds that can push trucks around, and storms that can knock debris onto the road all play a factor.

Lines of Sight – Signs, buildings, and vegetation can limit how well you can see traffic that is merging.  If you’re in a smaller vehicle, it’s even more likely that a large truck won’t see you zipping out from behind bushes or a sign, so be vigilant and prepared for defensive driving.

Traffic – Naturally dangerous highways in Texas have a lot of traffic on them.  As traffic increases, danger does too.  Keep your guard up any time you see traffic slowing, and be prepared to evade if someone behind you does not see you stopping.

Herbert & Eberstein Old School Truck Accident Attorneys in Texas

Large commercial trucks can cause significant damage to property and people if they aren’t careful when driving.  Along these dangerous highways, it can be even worse when the traffic starts to get heavy.

If you, or someone you love, have been involved in an accident with a truck, then you need a truck accident attorney on your side to ensure that you are completely compensated for all of the losses you suffer.  You need attorneys Zach Herbert and Brian Eberstein.

Let’s get started with a chat about what happened.  It’s free and no obligation to you, we want to first make sure that we can help.  Call us at 214-414-3808 or fill out or contact form.

Driver-Facing Cameras Save Lives… But May Invade Privacy

Not long ago we posted a blog about how trucking companies are using the latest technology in order to save lives on the road.  This technology, when properly used, is incredibly effective to reduce the number of truck accident deaths on our highways and roadways.  One section mentioned the use of cameras, both facing outward and inward.

Those cabcams, or driver-facing cameras, use artificial intelligence and pick up on various cues in order to cut down on dangerous driver behavior: fatigue and distraction being the biggest two.  But many trucking companies are pushing back saying it’s an invasion of privacy to have these cameras constantly monitoring the truck driver.

This technology helps to reduce trucking accidents, but it’s still not perfect.  If you have been involved in a trucking accident, you need to speak with Zach Herbert or Brian Eberstein from Herbert & Eberstein.  As your truck accident attorney in Texas, he can help you receive the compensation you need.

How a Cabcam Detects Driver Fatigue or Distraction

There are a handful of companies that use sophisticated AI software and cameras to help monitor the drivers as they rumble down the road.  This software watches for cues like eye movement, body position, yawning, and more to determine how alert the driver is.

When a driver is discovered to be fatigued or otherwise posing a risk behind the wheel, he or she is alerted.  Some will alert the driver, while some will alert the parent company and they can take action if necessary.

While not perfect, many of these companies boast outstanding numbers well into the double digit percentages on how many instances are reduced.  Bison Transport claims after implementing these cameras, there was a 97% reduction in cell phone use while driving.

Why Trucking Companies Don’t Like Driver-Facing Cameras

The biggest reason: privacy issues.

While there are more truck drivers than ever out there, it’s still not enough to keep up with the demand.  Companies that own large fleets don’t want to turn off the already small group of prospects by having these cameras that watch the drivers literally the entire time they are at work.

Many don’t like these cameras, despite the fact that it makes them safer drivers and reduces the likelihood of trucking accidents.  Furthermore, there have been drivers that have been cleared of blame and liability by reviewing the cameras and discovering the driver was not actually at fault.

Talk with Herbert & Eberstein after a Truck Accident

When it comes down to it, being involved in a truck accident is going to be terrible.  The more cameras there are on the roads, the easier it will be to discover what exactly happened and who needs to be held accountable.  These cameras make the entire justice process more efficient, and swifter.  That means if you have been injured, you will be compensated faster and more effectively when there’s easy to review video evidence of what happened.

If you have been in a truck accident, you need to have truck accident attorneys Zach and Brian on your side.  With the experience necessary, he can help to ensure your compensation doesn’t just scratch the surface, but covers every need that could arise in the future.

Call Herbert & Eberstein at 800-653-7246 for your free, no obligation, consultation.  Or, simply fill out the contact form, and we’ll get in touch with you shortly.

Trucking Tech over the Years Keeps you Safer

When some people think of semi truck accident lawyers, they imagine people who take joy when there’s a wreck. The fact is if settlements to the injured party were fair from the start, nobody would need an accident attorney. That’s not always the case, and we are here to protect you from being taken advantage of when you have been hurt.

The good news, however, is that technology has improved to help keep everyone on the road safer. In coming years, technology will continue to improve and the likelihood of being hurt, injured, or killed in a semi truck crash will (ideally) continue to go down.

How Truck Technology Saves Lives

Just like driving among passenger vehicles, driving among semi trucks is safe when you take the time to drive calmly and respectfully. But let’s take a look at how the trucking industry is helping keep everyone safe.

GPS Tracking and Mapping Systems

There are two awesome ways that using GPS can help improve how drivers arrive safely. First, the tracking software allows dispatch to know exactly what the driver is up to. If they’re driving too fast, idling for an extended period of time, or going the wrong direction, the software can ensure they get back on course. The mapping systems can plan out the best route for the driver to take in order to avoid areas with complicated turns, dangerous corners, and blind intersections. The end result is a stress free route that allows the professional truck driver to avoid an accident.

Traffic Monitoring Systems

You know the frustration of being caught in traffic. Now imagine that you have an extra 50 feet on the back of your vehicle that’s incredibly hard to see around. What a nightmare! The latest software and apps can allow a truck driver to re-route quickly to avoid areas of congestion and diminish the risk of a semi truck accident.

Electronic Driving Logs

Truck drivers are legally regulated to get some rest. When you’re paid by the mile, it’s tempting to just power through (sometimes with the help of drugs, often harder stuff than caffeine) and get those miles racked up so the next paycheck is enough to provide. In the past it was more of an honor system, but now the trucks can be monitored electronically to ensure breaks are taken.

Dashcams and Cabcams

We know about dashcams (and their partners: rearview cameras, side cameras, and all the other recording devices we can attach to vehicles). But what about cabcams? The latest technology can use a camera pointed at the driver, and “read” his or her face. If they’re distracted, drowsy, or otherwise incapacitated, it can send a warning to the driver or the company helping to prevent a semi truck accident.

Self Driving Trucks and Future Tech Advancements

Over the years big rigs have benefited from the same technology passenger vehicles benefited from (anti-lock brakes, lane departure warning, collision avoidance, and many more). In the future, we can expect IoT (Internet of Things) to provide a bigger network, and even allow for self-driving (and ultimately un-manned) trucks that will keep American supplied and safe.

Herbert and Eberstein are Texas Semi Truck Accident Lawyers

Until we have a perfect world where no mistakes are ever made, there will always be accidents. If you get in a semi truck accident, you need to have a lawyer on your side that understands it’s not going to be a straightforward case of who is liable (check out that link to see how confusing it can get).

Give the office a call at 214-414-3808, or fill out the contact form, and let’s talk about your semi truck accident. No worries about becoming a client, let’s first figure out a course of action.