The Underlying Causes Of Truck Collisions in Texas
In the fleeting moment of an 18-wheeler accident resulting in serious injuries, life takes an abrupt turn. Such a collision can lead to enduring harm, altering one’s capacity to engage in activities once enjoyed. Recognizing the gravity of this situation, the law grants injury victims the right to seek redress for the physical, mental, and emotional toll inflicted by the negligence of the responsible party.
Accidents with big trucks are complex because they can involve the truck driver, the trucking company, the maker of the truck or its parts, and the person who loaded the cargo. There are also many state and federal rules that these groups must follow to prevent accidents. To get the right compensation, it’s important to know who was involved and understand their specific responsibilities. If more than one party caused the accident, each one should be held responsible based on their share of the blame.
At Dashner Law Firm, we possess over three decades of litigation experience, advocating for our injured clients against truck drivers and trucking companies. Our extensive involvement in this legal realm has enabled us to secure millions in compensation for those we represent. We intimately grasp the transformative impact of severe injuries on our clients’ lives and exert every effort to secure just compensation within the bounds of the law.
Should you or a loved one find yourselves, victims of grave injury or fatality, due to a truck accident, do not hesitate to reach out to our Texas truck accident attorneys. We offer a complimentary case consultation, guiding you through the intricate litigation process and fervently pursuing every iota of compensation you are rightfully owed by law.
Finding Out What Caused Truck Accidents
Truck accidents manifest due to a myriad of causes that can inflict severe injuries and warrant accountability from the responsible party. If you’ve been ensnared in a truck accident, the initial stride involves ascertaining the nature of the incident and its causative factors. This information plays a pivotal role in identifying the party answerable for the accident and acquiring the evidence essential for proving negligence.
Speeding Semi Trucks – The prevalence of excessive speed in 18-wheeler accidents is significant. Despite the admonitions against overspeeding, truckers often disregard speed limits to meet schedules or bolster deliveries. Such speeding semis pose peril to anyone unfortunate enough to intersect their paths.
Distracted Truck Drivers – Distracted driving emerges as a prime catalyst for injury and fatality, claiming over 3,000 lives in 2020. Safe driving is jeopardized when attention veers to other matters. Texting is a frequent distraction, with reading a text taking an average of five seconds—akin to driving a football field’s length with eyes shut. Distractions can be physical, mental, or a fusion of both. Though cell phone use by commercial truck drivers is strictly prohibited by federal law, many persist in this hazardous behavior.
Fatigued Driving – The National Highway Traffic Safety Administration approximates that nearly 800 fatalities and 50,000 injuries annually stem from drowsy driving. The actual toll is likely higher, given the challenge of discerning drowsy driving instances. Truckers, navigating extensive distances routinely, are more susceptible to fatigue-induced driving. Trucking companies incentivizing swift load deliveries exacerbates this problem, prompting lawmakers to establish laws limiting driving time without adequate rest.
Aggressive Driving – Analogous to other motorists, truck drivers too may adopt aggressive driving habits, imperiling fellow road users. Reckless behaviors, such as tailgating or weaving through traffic, disregard the safety of others. Such truck driver aggression, an avoidable risk, often culminates in serious accidents and fatalities.
Failure to Check Blind Spots – Blind spots pose severe threats to truck drivers. Maneuvering to evade hazards is crucial, and blind spots impede drivers’ hazard detection capacity. Adequate mirror adjustment and vigilant checking before and after maneuvers can help truckers manage blind spots. Neglecting to do so while merging or changing lanes may culminate in tragic accidents involving other vehicles.
Unfamiliarity with Routes – Navigating unfamiliar territory warrants heightened caution. Prudent truck drivers and companies predetermine routes to acclimate themselves with roads and preempt road hazards or challenging turns unsuitable for trucks.
Driving Under the Influence – The impairing impact of intoxicants on judgment, reflexes, and reaction times renders driving under the influence perilous. The risk escalates exponentially when substantial trucks are involved. Commercial vehicle operators, including truck drivers, are subject to a lower 0.04% BAC limit compared to the standard 0.08% for other motorists. Being on the road while impaired is not only illegal but egregiously negligent, leading to liability for resultant accidents and injuries.
Parking or Stopping on Roads – Ceasing on highways or adjacent areas is exceedingly hazardous, often resulting in severe collisions. The frequency of such accidents, especially with semi-trucks on shoulders, prompted the Federal Motor Carrier Safety Administration to mandate warning triangles or flares. While certain instances may seem unavoidable, proper maintenance can avert such perils, eliminating the need to halt in unsafe zones.
Diminished Visibility – Bright, conspicuous materials on trailers and truck tractors’ rear are mandated by federal and state regulations. Reflective strips on trailers enhance nocturnal visibility, curbing collisions with trailers’ sides or rears in reduced visibility or poor weather. These measures also mitigate accidents involving trailer-less truck tractors.
Unsafe Maneuvers – Commercial driver’s license holders must adhere to specific safety rules. However, adherence may falter, leading to reckless driving. Neglecting these safety norms results in fatal consequences.
Perilous Road Conditions – Though truckers may not be culpable for road conditions, they must be prepared for hazards like potholes and sharp turns. Adequate training to navigate perilous conditions is vital, yet this vigilance doesn’t always manifest, often culminating in accidents.
Inclement Weather – Responsible truck drivers adjust speed to adverse weather conditions like snow, rain, and dust to accommodate impaired visibility. Ignoring hazardous weather is a precursor to accidents.
Negligent Maintenance and Repair – Regular inspections and repairs sustain safe truck operation. Timely brake checks, tire inspections, and suspension assessments forestall common accident causes.
These factors collectively underscore the intricate web of circumstances that give rise to truck accidents. Staunch adherence to safety protocols, meticulous vehicle maintenance, and cautious driving serve as critical safeguards to mitigate these accidents’ dire consequences.
How The Dashner Law Firm Can Help
At The Dashner Law Firm, our experienced Texas truck 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 truck accident cases, as time-sensitive evidence can disappear, and defendants may attempt to cover their tracks. Our determined truck 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 truck 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.
Truck Accident FAQs
In many cases, the trucking company’s insurance is responsible for financial damages caused by a truck accident, especially if the truck driver is found to be at fault. However, determining liability and responsibility in truck accidents can be more complex than in standard passenger vehicle collisions. Here’s why:
Employment Relationship: If the truck driver is an employee of the trucking company and was acting within the scope of their employment at the time of the accident, the trucking company (and by extension, their insurance) is typically held liable for damages under the legal doctrine of “respondeat superior” or “vicarious liability.”
Yes, in many jurisdictions, including Texas, if you’ve been involved in a truck accident due to someone else’s negligence, you can typically seek compensation for both your economic and non-economic damages. “Pain and suffering” falls under the category of non-economic damages.
Here’s a closer look at what this means:
Economic Damages: These are the tangible, out-of-pocket expenses you’ve incurred as a result of the accident. They include medical bills, rehabilitation costs, lost wages, property damage, and any other monetary losses directly related to the accident.
Non-Economic Damages: These are intangible damages that don’t have a direct monetary value but represent the physical and emotional distress caused by the accident. “Pain and suffering” is a term used to describe the physical pain and emotional anguish a victim may endure after an accident. It can encompass a wide range of issues, including:
- Physical pain and discomfort
- Emotional and psychological trauma (like anxiety, depression, or PTSD)
- Loss of enjoyment of life or diminished quality of life
- Scarring or permanent physical limitations
A trial lawyer, often referred to as a litigator, plays a crucial role in representing and advocating for clients involved in disputes that may lead to litigation or are already before the courts. Here’s how a trial lawyer can help your case:
Expertise in Legal Procedure: Trial lawyers are well-versed in the intricacies of the legal process. They understand court rules, procedures, and deadlines, ensuring your case proceeds without unnecessary delays or procedural errors.
Evidence Gathering: A trial lawyer will conduct a thorough investigation, gathering evidence from various sources, which may include police reports, witness statements, expert testimonies, medical records, and more.
Legal Strategy Development: Based on the evidence and legal principles, the lawyer will develop a strategy tailored to the specifics of your case, aiming for the best possible outcome.
Representation in Court: If your case goes to trial, your lawyer will present arguments, examine and cross-examine witnesses, and challenge opposing evidence, all to ensure your side of the story is compellingly and accurately presented.
Negotiation Skills: Even when a case is poised for trial, settlements can occur at any stage. An experienced trial lawyer can negotiate with the opposing side, seeking a resolution that aligns with your best interests.
Texas truck 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.
Yes, if you are involved in a truck accident and are unsure about who is responsible, it is advisable to consult with a Texas truck accident lawyer. Here are some reasons why:
Expertise in Determining Liability: Truck accident lawyers have the experience and expertise to investigate the circumstances of the accident, gather evidence, and determine potential liability.
Complexity of Truck Accidents: Truck accidents can be more complex than typical car accidents. Multiple parties might be involved, such as the truck driver, the trucking company, the manufacturer of the truck or its parts, or the company responsible for loading the truck.
Dealing with Insurance Companies: Insurance companies often have teams of adjusters and attorneys working to minimize their liability. A truck accident lawyer can advocate on your behalf, ensuring your rights are protected and that you are not taken advantage of.
Potential for Significant Damages: Truck accidents often result in severe injuries or property damage. A lawyer can help ensure you pursue all potential sources of compensation, especially if long-term medical care is needed or there’s a loss of income.
Statute of Limitations: There’s a time limit (known as the statute of limitations) within which you must file a lawsuit after an accident. An attorney can ensure that all necessary actions are taken within this timeframe.
In Texas, the responsibility is determined by a judge or jury. However, many cases are resolved before reaching trial, so the need for a judge or jury to assign responsibility is less frequent. Instead, skilled lawyers utilize the litigation process to negotiate settlements aligned with the case’s specifics. If a settlement isn’t reached, the case proceeds to trial, where responsibility is assigned based on the presented evidence.
Yes, Texas follows the “modified comparative negligence” rule, which can affect compensation in personal injury claims when the injured party is found to be partially at fault for the accident. Here’s how it works:
Proportional Responsibility: If you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you’re found to be 20% at fault and your damages amount to $100,000, you might be eligible to recover $80,000 (which is the total damages minus 20%).
51% Bar Rule: Under Texas law, if you are found to be more than 50% at fault for the accident, you may not be able to recover any compensation.
It is advisable to consult with an experienced truck accident attorney, especially in cases involving truck accidents, as they often have unique complexities. An attorney can help protect your rights and maximize your chances of receiving fair compensation.
Yes, if a settlement cannot be reached through negotiations, you have the option to file a lawsuit to pursue your truck accident claim in court. An attorney can help you navigate the legal process.
The time to settle a truck accident claim can vary widely depending on the complexity of the case, negotiations with insurance companies, and potential legal proceedings. Some cases can be resolved quickly, while others may take several months or even years.
You may be eligible to recover various damages, including medical expenses, lost wages, pain and suffering, property damage, and more, depending on the circumstances of your case.
Yes, commercial trucks are subject to federal and state regulations, including weight limits, maintenance requirements, and driver qualifications. Violations of these regulations can be important factors in truck accident cases.
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.