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Recent Topics

Charles Edwards Dead After Truck Accident in Southampton, NY

Charles Edwards Dead After Truck Accident in Southampton, NY

Fort Worth Man Killed in 18-Wheeler Accident

Motorcylist Injured After Rear-Ending 18-Wheeler in Houston, Texas

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Damian Lopez Dead in 18-Wheeler Accident in New Braunfels, TX

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Cathleen Peppers Killed in 18-Wheeler Rear-Ending Accident near McKinney, Texas

According to Fox 4 News, a woman was killed in an accident with an 18-wheeler in McKinney, Texas. The accident occurred around 8:20 a.m. Tuesday, January 17 when 54-year-old Cathleen Peppers was traveling westbound on Highway 380 when she stopped her vehicle at a traffic light. A tractor trailer behind her failed to stop, striking Peppers' Accord. She was pronounced dead at the scene. Authorities continue to investigate the accident.

Site of the Accident

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Commentary
What a horrible and frustrating accident. Those of you who frequent my blog know that I write commentary about many truck accident cases but every so often I hear about something in the news that (frankly) infuriates me, and this is one of those situations for sure.

One news report indicates the truck driver did not see the red light. I question the relevance of that statement, given a vehicle being completely stopped on the roadway in front of the truck. What's more likely is a truck driver not paying careful attention to their surroundings, though I'm just speculating based on what I've seen many times in past cases. For instance, I litigated a case recently where a trucker became distracted in their cabin briefly, veered onto the shoulder of the interstate, striking and killing a person in a disabled vehicle who was parked on the shoulder of the road. In that particular case, we were able to show driver inattentiveness which led to the fatal accident. Additionally, the trucking company that owned the rig was included in the lawsuit, as it was proven that the company failed to adequately train their staff, which could have prevented the accident. Not to mention that the truck driver in that particular case tested positive for certain drugs. Fast forward two months later and I found myself litigating another rear-end 18-wheeler fatality case and in that case too the 18-wheeler driver tested positive for cocaine. About a year before that I litigated yet another rear-end 18-wheeler fatality case, this time a 25-year-old newly married man lost his life, and indeed in that case the truck driver tested positive for crack cocaine, alcohol, and methamphetamine. Am I suggesting that this truck driver in this particular accident was on drugs? Of course I would have no way of knowing that, but at the risk of sounding cynical, I would go so far as to suggest that it is a strong possibility based on what I have interpreted as a common denominator in accidents involving an 18-wheeler that rear ends a stopped car.

These kinds of accidents are something that should grab the public's attention and they should not merely be dismissed as they often are as "accident just happen." Indeed, unavoidable accidents do happen, but to refer to a collision such as this or any of the others that I referenced above as an excusable accident is nothing short of insulting to those who are claimed by such a reckless disregard for the laws that professional drivers are required to adhere to.
 
Naturally, the standard disclaimer is that commercial vehicle accidents are each unique and require meticulous investigations in order to determine what occurred before any official finger pointing occurs.
 
The high value of 18-wheeler insurance policies make an accident claim a very contentious matter as the defendants and their insurance companies will often sink to new lows in their attempts to mitigate their losses. In regards to this accident, depending on who owns the rig, adjusters and defense attorneys may already be investigating the accident. It is sadly a byproduct of the amount of money on the line, but their investigation will be used in attempting to mitigate liability, in turn decreasing potential compensation to any claimants.

But enough about my opinion and my ceaseless analysis of every accident from a lawyer's perspective (an unintended byproduct of 20+ years in the courtroom), this horrible and inexcusable collision is certainly of greater significance than what I think of it in terms of how it relates to the law. Rather, this collision should serve as a wake up call to all of us as citizens of the Metroplex, as neighbors. Our streets are sadly quite dangerous at times and we never know when we may lose someone close to us due to the carelessness of others, but it's up to all of us to try to make our community safer by simply paying better attention. I hope all of the readers of this blog will take a moment to reflect on the senselessness of this incident and that you'll all cast your thoughts and prayers toward the departed and those who were left behind. God knows they're in for a rough time.

Dallas 18-Wheeler Accident Attorney Michael Grossman

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Posted by: Dallas Truck Accident Attorney Michael Grossman | Posted on: 1/18/2012 | Comments (5)

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Visitor Comments

Anonymous said:

Horrible. She had a 12 year old son. He is currently an orphan. Hes my friend.

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martin b said:

Why no comment of arresting the driver

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no name said:

Attorney Grossman you should call this womans husband. I cant say how I know them but I can say that I do know them and I know that her husband needs a good attorney plus you look like you know what your talking about. It would be worse if this trucker guy didnt get in any trouble just because no attorneys tried to help out cathelines husband. Seriously you nneed to call him now if you know how to get aholt of him.

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Attorney Michael Grossman said:

Mr. "No Name," I appreciate the sentiment but my firm does not operate that way. In fact, it is both illegal and a tremendous ethics violation for any attorney to call anyone out of the blue on any personal injury or wrongful death matter (not to mention knocking on the family's door, emailing them, etc.). No attorney worth his salt should ever impose himself on someone like that, especially when you're talking about person who is grieving under circumstances such as this. I hope that does not sound rude and again, I appreciate the suggestion and compliments, but that would be inappropriate to say the least.

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no Name said:

Wow I was'nt expecting you to respond really. No you dont sound rude and i didnt get offended. I didnt know thats how that works. but you should at least tell people on your site what they should do if your going to write about these wrecks. What are they supposed to do to defend their case and sue?

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What this blog is all about:

As a Texas attorney practicing for 20 years, I have litigated all manner of truck accident and commercial vehicle cases. I use this blog as a place to write opinion / editorial articles on a variety of topics that catch my interest and as a means of sharing news stories relevant to truck accidents. I think the overwhelming majority of people are unaware just how common these types of accidents are and I hope this blog raises awareness to rather serious public safety concerns. However, this blog is simply a means for me to share my opinions.

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