How Car Accidents Differ From Truck Accidents in Texas
Car accidents can have a profound and long-lasting impact on someone’s life, with consequences that extend far beyond the physical injuries sustained in the collision.
While car accidents may not involve the size and weight disparity of commercial trucks, they still result in significant property damage, serious injuries, and emotional trauma. The complexities of car accident cases often arise from determining fault, dealing with insurance companies, and understanding the full scope of damages. Factors like driver negligence, distracted driving, speeding, and failure to obey traffic signals frequently contribute to car accidents and can affect liability and compensation.
At The Dashner Law Firm, our car accident attorneys possess the expertise and experience necessary to navigate the intricacies of car accident cases. We conduct thorough investigations, gather critical evidence, and work tirelessly to ensure you receive the compensation you deserve. Whether you’re dealing with medical bills, lost wages, or emotional distress, our dedicated team is here to clarify your legal options and help you move forward with a claim.
The Five Critical Differences Between Car and Truck Accidents
Car accidents and truck accidents in Texas may seem similar at first glance, but they involve different complexities, rules, and consequences. Understanding these differences is crucial when pursuing a personal injury claim. Whether you’ve been injured in a car or truck accident, The Dashner Law Firm has the expertise to help you navigate the legal process and secure the compensation you deserve.
1. Size and Weight Disparities
One of the most obvious differences between car and truck accidents is the size and weight of the vehicles involved. Trucks can weigh up to 80,000 pounds, while passenger vehicles weigh around 4,000 pounds on average. This size difference often leads to more severe accidents in truck collisions, resulting in greater injuries, property damage, and fatalities.
- Impact on Injuries: Due to the immense size of commercial trucks, the injuries sustained in a truck accident are often more severe compared to car accidents. Common injuries include traumatic brain injuries, spinal cord injuries, and broken bones.
- Extent of Damage: Truck accidents tend to cause more significant damage to vehicles, leading to higher repair costs or total loss, as well as more extensive medical expenses.
2. Liability is More Complex in Truck Accidents
Liability in car accidents usually involves determining which driver was at fault. However, truck accidents often involve multiple parties that may share responsibility for the crash, including:
- The truck driver
- The trucking company
- Cargo loaders
- Truck manufacturers or maintenance providers
Proving liability in truck accidents requires an in-depth investigation and legal expertise, as it’s necessary to establish whether any regulatory violations, such as hours-of-service violations, were factors in the crash. The Dashner Law Firm is well-versed in handling truck accident cases and can thoroughly investigate all responsible parties to build a strong case for your compensation.
3. Trucking Regulations and Legal Requirements
Truck drivers and trucking companies must follow strict federal and state regulations, which don’t apply to passenger vehicles. These regulations include:
- Hours of Service (HOS) Rules: Truck drivers are limited in the number of hours they can drive without taking a break. Violating these rules can lead to driver fatigue, which is a common cause of truck accidents.
- Maintenance Standards: Trucks must undergo regular inspections and maintenance to ensure they’re safe to operate. Poorly maintained trucks are more likely to be involved in accidents.
- Commercial Driver’s License (CDL) Requirements: Truck drivers must possess a valid CDL and undergo specialized training to handle large commercial vehicles.
When these regulations are violated, it can strengthen the case against the truck driver or company. The Dashner Law Firm has experience in identifying regulatory violations and using them to support your claim.
4. Insurance Coverage Differences
Another key difference between car and truck accidents is the level of insurance coverage involved. While Texas requires drivers to carry minimum liability coverage, trucking companies must carry much higher levels of insurance. This increased coverage is due to the potential for severe injuries and damages in a truck accident.
- Higher Policy Limits: Commercial trucks have much larger insurance policies, often exceeding $1 million, which means there’s more compensation available for victims of truck accidents. However, dealing with these large insurance companies can be challenging, as they often have teams of attorneys working to minimize payouts.
- Complex Insurance Policies: The insurance policies covering commercial trucks can be more complex than standard car insurance, with multiple layers of coverage that can be difficult to navigate without legal assistance.
The Dashner Law Firm understands the intricacies of truck accident insurance policies and can negotiate effectively with insurers to ensure you receive the maximum compensation available.
5. Investigation and Evidence Collection
Truck accidents often require more extensive investigation than car accidents. Evidence collection in truck accidents may include:
- Truck driver logs
- Data from the truck’s black box (event data recorder)
- Maintenance and inspection records
- Surveillance footage or dashcam video
Preserving this evidence is critical, and truck companies may attempt to destroy or withhold it. The Dashner Law Firm will work quickly to secure this evidence, ensuring that the responsible parties are held accountable.
You Could Qualify for Car Accident Compensation
Car accidents can have devastating consequences, leading to serious injuries, emotional distress, and significant financial burdens for victims and their families. If you or a loved one has been involved in a car accident, you may be eligible to pursue compensation to help cover various losses, including medical expenses, wage losses, and more. Here’s an overview of what you could potentially recover in a car accident claim:
Medical Expenses
Medical expenses are one of the most important aspects of compensation in car accident cases, especially when the accident leads to severe or life-changing injuries. You may be entitled to recover compensation for the following:
- Emergency Medical Care: Ambulance rides, emergency room visits, and immediate care after the accident.
- Hospitalization: Stays in the hospital for observation, surgeries, or extended care.
- Surgeries and Procedures: Compensation for any surgical treatments or medical interventions required after the accident.
- Rehabilitation and Therapy: Physical therapy, occupational therapy, and other forms of rehabilitation necessary for recovery.
- Medications and Medical Equipment: The costs of prescription medications, medical devices, and equipment like crutches or wheelchairs.
- Follow-up Appointments: Compensation for the cost of ongoing medical visits to monitor recovery and address complications.
- Long-Term Care: If the accident leads to permanent injuries, you may need long-term care services, which can be a significant financial burden.
- Psychological Counseling: Emotional trauma after an accident can also be compensated, including the cost of therapy or counseling.
Wage Losses
Car accidents can result in injuries that prevent victims from working temporarily or permanently, leading to a loss of income. Compensation for wage losses includes:
- Lost Income: Victims may need to take time off work to recover from their injuries. The length of this absence can vary, leading to a complete or partial loss of income during this period.
- Reduced Earning Capacity: In severe cases, victims may suffer permanent disabilities that impact their ability to work or reduce their earning potential over time. This could have long-term consequences for their financial stability.
- Benefits and Bonuses: Injured victims may miss out on benefits such as health insurance contributions, retirement plan contributions, performance bonuses, or other work-related benefits due to their time away from work.
Out-of-Pocket Expenses
Out-of-pocket expenses, also known as special damages, refer to the quantifiable financial losses you incur as a direct result of the accident. These expenses typically include:
- Medical Expenses: Expenses like co-pays, deductibles, and non-covered treatments that come out of your own pocket.
- Rehabilitation and Therapy Costs: Costs related to physical rehabilitation, specialized therapies, and mobility aids.
- Property Damage: Repair or replacement of your vehicle or any personal property damaged in the accident.
- Transportation Costs: If you need transportation to and from medical appointments due to injuries or vehicle damage.
- Home Modifications: Adjustments to your home, such as installing ramps or handrails, if needed after the accident.
- Travel Expenses: Costs incurred while traveling for medical treatment or therapy.
- Prescription Costs: Expenses for necessary medications to manage pain or injuries.
- Legal Fees: Fees associated with pursuing your claim, if applicable.
Non-Economic Damages
Non-economic damages refer to the intangible losses you experience as a result of the accident. These damages are harder to quantify but play an essential role in car accident claims. They include:
- Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.
- Emotional Distress: Car accidents can leave victims emotionally traumatized, leading to anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities or hobbies you once loved, you may be entitled to compensation for this loss.
- Loss of Consortium: If the accident impacts your relationships, particularly with a spouse, you may claim compensation for loss of companionship or intimacy.
- Disfigurement and Scarring: Severe injuries that result in permanent scarring or disfigurement can lead to compensation for the impact on your appearance and self-esteem.
- Loss of Independence: If your injuries require you to rely on others for basic daily activities, you may be compensated for this loss of autonomy.
Signs You Need an Attorney
After a car accident, there are several signs that indicate you should consult with an experienced car accident attorney. These include:
- Severe Injuries: If your injuries are serious or long-term, an attorney can help you pursue the maximum compensation needed for recovery.
- Multiple Parties Involved: In cases where multiple drivers or parties may be at fault, determining liability can be complex.
- Disputed Liability: If the other party disputes their role in causing the accident, you may need legal representation to prove your case.
- Insurance Company Tactics: Insurance companies often attempt to minimize payouts. An attorney can help protect your rights and negotiate on your behalf.
- Extensive Property Damage: If your vehicle was severely damaged or totaled, you may need legal assistance to recover the full value of your property.
- Lost Wages: If you’ve missed work or face future loss of earnings due to your injuries, an attorney can help calculate and pursue fair compensation.
- Long-Term or Permanent Disabilities: In cases of permanent disability, an attorney can ensure you are compensated for long-term care and lost earning potential.
- Negotiating a Fair Settlement: If the insurance company offers a settlement that doesn’t cover your full damages, an attorney can help negotiate a better offer.
- Trial Experience: If negotiations fail and your case goes to trial, having an experienced car accident attorney on your side is essential for success.
How The Dashner Law Firm Can Help
At The Dashner Law Firm, our experienced Texas car accident attorneys are dedicated to handling your claim from start to finish, allowing you to focus on your health and recovery. We can:
- Provide Legal Advice:
- Gather Evidence.
- Identify Liable Parties
- Calculate Damages:
- Negotiate Aggressively
- Powerful Trial Presentation
Acting quickly is crucial in car accident cases, as time-sensitive evidence can disappear, and defendants may attempt to cover their tracks. Our determined car accident attorneys waste no time in identifying all potential at-fault parties and exploring every avenue for compensation. We leave no stone unturned to build a compelling case that proves your injuries and losses were the direct result of the car accident. Our ultimate goal is to fight tirelessly for the maximum possible compensation, ensuring that you receive the justice and financial support you need to move forward with your life.
Contact Us Today
The time to file a truck accident claim may be limited. Get started now and contact us for a free, no-obligation consultation to discover your next best steps.
Car Accident FAQs
Texas car accident attorneys typically operate on a contingency fee basis, which means you won’t have any upfront expenses. In essence, the attorney’s payment is derived from a portion of the compensation you receive. The percentage they take often varies based on when your case is settled. For instance, if the case progresses to trial, the attorney may command a higher percentage due to the increased time, effort, and resources invested. Conversely, if the case is settled without initiating a lawsuit, the attorney’s percentage is usually lower because of the reduced workload.
- Ensure safety: Check for injuries and move to a safe location if possible.
- Call 911: Report the accident to law enforcement.
- Exchange information: Share contact and insurance details with the other driver(s).
- Document the scene: Take photos, gather witness information, and make notes.
Yes, you should call the police to report the accident, especially if there are injuries or significant property damage. A police report can be crucial for insurance claims and legal purposes.
In Texas, the statute of limitations for filing a personal injury claim, including car accidents, is generally two years from the date of the accident. For property damage claims, it is typically two years as well.
Texas follows a “modified comparative fault” system, which means that each party’s degree of fault is considered. If you are found to be less than 51% at fault, you can still recover damages, but your compensation may be reduced based on your level of fault.
You may be eligible to recover various damages, including medical expenses, property damage, lost wages, pain and suffering, and more. The specific damages depend on the circumstances of your case.
CONTACT DASHNER LAW FIRM
If you have been injured in an accident, then the Dashner Law Firm can help you. Call our personal injury lawyers today at 972-793-8989 to speak with an attorney about your situation. The consultation is free and, if you cannot come to us because of your injuries, we’ll come to you.
PERSONAL ATTENTION
Mr. Dashner gives his personal attention to his clients. He’s one of the only attorneys who give you his direct line and is available to answer your questions and ensure you are taken care of. You can expect frequent updates, personal attention, and a solid ally when you work with Mr. Dashner. You’ll never pay money out-of-pocket for Mr. Dashner’s services. He does not collect until you do.