Types of Truck Collisions in Texas
Our team of truck accident attorneys is dedicated to aiding injured drivers in obtaining the necessary compensation to move ahead, holding all responsible parties responsible for their actions. Truck accidents encompass a diverse array of scenarios involving multiple parties, necessitating evidence of their misconduct to establish liability. While it might appear that all truck accidents are uniform, the specific type of collision conveys valuable insights into the potential parties involved and the evidence essential for demonstrating culpability.
Upon receiving inquiries from clients, Dashner Law Firm promptly initiates accident investigations to ascertain the incident’s details. Armed with a preliminary understanding of the accident’s sequence, we proactively dispatch preservation notices to the parties potentially at fault, ensuring the proper safeguarding of evidence pivotal for substantiating liability. This protocol varies according to the nature of the truck accident, underscoring the necessity for adept attorneys well-versed in truck collision cases, who can discern the critical evidence requiring preservation.
Common Types of 18-Wheeler Truck Accidents
The classification of 18-wheeler truck accidents, coupled with the causative factors, yields insightful knowledge regarding culpability for truck crashes and the requisite evidence for holding the responsible party accountable. Below, we outline some prevalent 18-wheeler truck accident types that result in legal liability.
Rear-End Collisions – Impact from the rear by a large truck can lead to severe vehicular damage and grave injuries for occupants. Rooted in factors such as brake failure, driver distraction, fatigue, and intoxication, these accidents could be averted through vigilant truck driving practices, following road regulations, and maintaining vehicle readiness.
Unsafe Lane Changes – Like all vehicles, trucks have blind spots; however, theirs are more substantial. Truck drivers bear the obligation of checking these blind spots and employing prudent measures when changing lanes to avoid accidents. Failure to do so can result in significant collisions.
Intersection Collisions – The weight and inertia of a fully loaded tractor-trailer demand cautious maneuvering through intersections. Miscalculating safe passage can lead to disastrous accidents. Truck drivers must adhere to traffic rules and yield the right-of-way to prevent intersection mishaps.
Right-Turn Accidents – The substantial blind spot on a truck’s right side makes right turns perilous. Prudent execution of right turns demands full awareness of surroundings to avert potential crushing accidents.
Left-Turn Accidents – Misjudging oncoming traffic speed during left turns can lead to hazardous accidents. Truck drivers must follow yield regulations, waiting for a clear path before executing left turns.
Buttonhook Left-Turn Accidents – Depending on road angles, a buttonhook left turn may be necessary. This maneuver, which involves moving right before making a wide left turn, requires proper signaling to avoid unexpected collisions.
Underride Accidents – Smaller vehicles colliding with the side or rear of a tractor-trailer and going underneath it can result in fatal crashes. Properly designed underride guards can mitigate these accidents, though many trailers lack them.
Head-On Collisions – High damage and catastrophic injuries often result from head-on collisions between cars and trucks. Fatigue, distraction, and equipment failure are common causes.
Rollover Accidents – Fast cornering, sudden tire blowouts, and imbalanced loads contribute to truck rollovers. Adequate pre-drive inspections and tire checks are crucial to prevent these accidents.
Spilled Cargo Accidents – Improperly loaded or unsecured cargo can shift, causing a shift in the truck’s center of gravity, leading to jackknifing or rollovers. Unsecured cargo has been implicated in numerous accidents annually.
Loose Trailer Accidents – Secure attachment of trailers is essential to prevent them from separating, leading to runaway situations. Regular inspections and maintenance are vital in avoiding these incidents.
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.