Large truck accidents happen less often than car accidents. However, many crashes involving commercial vehicles result in serious injuries or deaths. Because a tractor-trailer can weigh 80,000 pounds, the devastation from a collision is usually serious. Each year, almost 4000 commercial vehicle crashes result in a fatality, and over 73,000 truck wrecks involve injury.
Our experienced truck accident lawyers in Austin have been helping Texas families for over 35 years. They work to ensure families get the best compensation after semi-truck collisions. Put our truck accident team to work for you! The sooner you hire us the sooner we can investigate the crash.
Common Causes of 18 Wheeler Truck Accidents in Austin
Comprehending the common causes of 18-wheeler truck accidents in Austin significantly aids in determining liability and seeking compensation. Driver-related factors, such as fatigue, distraction, vehicle maintenance, and equipment issues, are typically associated with 18-wheeler truck accidents in Austin
Comprehending the common causes of 18-wheeler truck accidents in Austin significantly aids in determining liability and seeking recompense. Understanding the common causes of 18-wheeler truck accidents in Austin is crucial, as these accidents often result in severe truck accident injuries.
Knowing the root causes of these trucking accidents can help you and your 18-wheeler wreck lawyer build a stronger case and pursue the compensation you deserve. Truck accidents are not like car accidents. Commercial truck drivers have special rules to follow. A truck accident victim should get an 18-wheeler wreck lawyer and not just an Austin car wreck lawyer for help. Consulting a truck accident attorney can provide the specialized legal assistance needed in these complex cases.
Driver-Related Factors
Driver-related factors can significantly contribute to truck accidents in Austin. Fatigue, for instance, is a common factor, as truck drivers often face pressure to meet unrealistic delivery deadlines, which may lead to neglecting hours of service regulations.
Other driver-related factors include distraction, substance abuse, and negligence. Recognizing these factors can help your truck accident lawyer determine if the driver’s actions contributed to the accident and hold them accountable for their negligence.
The majority of tractor-trailer accidents are caused by driver error. This can be such things as:
driving while fatigued or after the driver was legally disqualified from operating a commercial motor vehicle,
violating one of the safety rules or
operating a dangerous vehicle.
Vehicle Maintenance and Equipment Issues Causing Truck Accidents in Austin
In addition to driver-related factors, poor vehicle maintenance and equipment issues can lead to accidents involving 18-wheelers. Faulty brakes, worn tires, and other mechanical issues can all be potential contributing factors to truck accidents in Austin. If you are involved in such an accident, consulting a truck accident attorney can be vital to your case.
Trucking companies are responsible for maintaining their vehicles properly, and failure to do so can result in accidents with severe consequences. Some common issues to look out for include:
Worn-out tires
Faulty brakes
Malfunctioning lights
Overloaded cargo
Improperly secured loads
Identifying these issues can help your lawyer establish liability and pursue compensation from the responsible parties.
Trucking companies can share legal responsibility with their drivers operating the vehicle on the job. Additionally, trucking companies can be responsible for a crash by failing to hire qualified drivers, implementing safety policies, properly maintaining the truck and trailer or the components such as tires and brakes, and violating safety regulations.
Determining liability in a truck accident can be a complex process, involving multiple parties and various factors. It is essential to understand the federal trucking regulations and how they impact liability in a truck accident case. These regulations, set forth by the Federal Motor Carrier Safety Administration (FMCSA), are designed to ensure the safety of truck drivers and other motorists on the road. When a truck accident occurs, it is crucial to determine whether the truck driver or trucking company violated any of these regulations, as this can significantly impact liability.
Federal Trucking Regulations and Liability
The FMCSA sets forth regulations that govern the trucking industry, aiming to maintain high safety standards. These regulations cover various aspects of trucking operations, including hours of service, vehicle maintenance, and driver qualifications. When a truck accident occurs, it is essential to investigate whether any of these regulations were violated. If a truck driver or trucking company fails to comply with these regulations, they may be held liable for the accident.
Hours of Service and Driver Fatigue
One of the most critical regulations is the hours of service rule, which limits the number of hours a truck driver can drive without rest. Driver fatigue is a leading cause of truck accidents, and violating the hours of service rule can lead to liability. An experienced truck accident attorney can investigate the truck driver’s logs and other evidence to determine if the driver was fatigued at the time of the accident. This investigation can be crucial in establishing liability and ensuring that the responsible parties are held accountable.
Vehicle Maintenance and Inspection Requirements
Another essential regulation is the requirement for regular vehicle maintenance and inspection. Trucking companies must ensure that their vehicles are properly maintained and inspected to prevent mechanical failures that can lead to accidents. If a trucking company fails to comply with these regulations, they may be held liable for any resulting accidents. Common maintenance issues that can contribute to accidents include faulty brakes, worn tires, and malfunctioning lights. Identifying these issues can help your lawyer establish liability and pursue compensation from the responsible parties.
Identifying Negligent Parties
In a truck accident case, multiple parties may be held liable for damages. It is essential to identify all negligent parties to ensure that the victim receives fair compensation. This can include the truck driver, the trucking company, and other entities involved in the operation and maintenance of the truck.
Truck Drivers and Their Employers
Truck drivers and their employers may be held liable for accidents caused by their negligence. This can include violations of federal trucking regulations, such as hours of service or vehicle maintenance requirements. Additionally, truck drivers may be held liable for accidents caused by their reckless or careless behavior, such as speeding or distracted driving.
In Texas, the statute of limitations for personal injury accident cases gives you two years from the date of the injury to file a lawsuit in the state’s civil court system. If you’ve experienced a truck accident within the last two years, there are signs to look out for and find out if you actually have a truck accident case. These could include serious injuries or death as a result of the crash, medical bills becoming too costly to handle alone, the insurance company refusing coverage, and discrepancies between what actually happened versus what’s written in the police report.
A truck accident lawyer will be able to conduct an investigation into the crash, how it was caused, and who can be held responsible. Parties who can be held liable for a truck accident include the truck driver, the trucking company, and other entities. Investigators will rely on evidence, including the truck’s electronic control module (black box), driver’s logbooks, trucking company schedules, maintenance records, and other evidence.
Having a lawyer by your side increases your chances of being successful in a claim. The federal trucking regulations are set by the FMCSA. They include the hours of service for truck drivers, alcohol and drug testing procedures, and other regulations. A truck accident lawyer in Austin from TK Injury Lawyers can explain them in further detail and identify if your accident was caused by a violation of federal trucking regulations.
Driving a commercial truck is a much different monster than driving a passenger car, SUV, or van. Commercial truck drivers must meet certain requirements in order to be hired to drive. These requirements include a commercial driver’s license, a valid medical certificate, and a background check.
In many instances, truck accidents result from truck driver errors. The truck driver may violate a rule of the road, speed, make an unsafe lane change, or engage in distracted driving while operating his or her vehicle. At other times, the at-fault truck driver or trucking company may violate one or more of the state or federal motor carrier regulations.
A large truck is any vehicle with a gross vehicle weight rating greater than 10,000 pounds, according to the NHTSA. Trucks are heavy vehicles, and with that much weight moving at highway speeds, it takes a lot more skill to drive one than a typical 4 door sedan.
18-wheeler collision cases are extremely complex and require the careful examination of evidence not present in other types of wrecks. This includes a truck’s electronic control module (black box), driver’s logbooks, trucking company schedules, maintenance records, and any other evidence that may show the true cause of the truck accident.
Truck accidents in Austin are unlike any other kind of accident. The weight of the vehicle plays a huge factor in how serious an accident is. Trucks and 18-wheelers are heavy vehicles, and as a result, anything that crashes against it could receive serious damage.
In the majority of truck accident cases, accident victims have a period of two years from the date of their accident in which to file a claim or lawsuit for monetary compensation and damages. If the accident occurred outside of Texas, you may need to check the laws of the state the truck accident happened.
If you have been injured in a truck accident that occurred in or around Austin, Texas, a knowledgeable Austin truck accident lawyer near you is ready to help. Our team can investigate the circumstances behind your truck accident, file a claim or lawsuit on your behalf, and pursue monetary compensation for your medical treatment, lost wages, mental distress, and physical pain and suffering, among other types of damages.
Why You Need an Austin Truck Accident Lawyer
The aftermath of a truck accident can be incredibly complex,
The aftermath of a truck accident can be incredibly complex, making it essential to hire an experienced truck accident lawyer. The issues can involve multiple parties, extensive investigations, and a thorough understanding of specific regulations. This complexity can be even more challenging when dealing with truck accident claims, especially when a car accident is involved.
Victims greatly benefit from hiring an experienced Austin 18-wheeler accident lawyer, as this can lead to the best possible outcome. They possess the acumen to identify, acquire, evaluate, and utilize the evidence required to prevail in the case.
Austin Truck Accident Lawyers with Knowledge of Specific Regulations
Building a strong case requires a lawyer’s expertise in comprehending the federal and state regulations governing the trucking industry. The FMCSA has created rules and safety guidelines for truck drivers and trucking companies to follow.
A knowledgeable lawyer can determine if any rules were broken during the accident, which helps strengthen your case.
Experience with Complex Cases
Given the complicated nature of truck accident cases that involve multiple parties and extensive investigations, the expertise of an experienced truck accident lawyer becomes indispensable to maneuver through these complexities effectively. They have dealt with numerous complex cases, such as:
Our expertise can guide you through the insurance claim, medical bill payments, and settlement process, providing invaluable advice and support throughout the case.
Damages for Austin Truck Accident Victims
Compensation for Austin truck accident victims can include economic and non-economic damages, helping you recover from your injuries and move forward with your life.
Grasping the various types of compensation and how they pertain to your situation is pivotal to ensuring the necessary support for your recovery. Get a consultation with an experienced truck accident attorney as a first step in getting the compensation you deserve.
Economic Damages
Economic damages cover the financial losses from the accident, such as medical bills, lost income, and property damage. These damages can help you pay for necessary medical treatments, replace lost wages, and repair or replace damaged property.
Working with an experienced truck accident lawyer can help you accurately calculate and pursue these economic damages, ensuring you receive the compensation you need to recover from your injuries.
Non-Economic Damages
Non-economic damages compensate victims for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages can be challenging to quantify, but an experienced truck accident attorney can help you determine a fair amount based on the extent of your injuries, the impact on your daily life, and the duration of your recovery.
Pursuing non-economic damages can be an essential part of your compensation package, helping you cope with the emotional and psychological effects of the accident.
Federal Regulation of Trucking Companies
Trucking companies are known as “Motor Carriers”. They are regulated by the Federal Motor Carrier Safety Regulations, which provide the minimum level of safe conduct by both the truck driver and the trucking company. A truck accident lawyer can help use these regulations to win your case. These federal regulations have been adopted in the state of Texas. These safety rules provide the baseline conduct for drivers and the motor carrier and cover such things as driving in adverse conditions, maintenance requirements, hours that a truck driver may legally drive, and qualifications of the truckers.
Two Frequently Violated Trucking Regulations
1. Log Book and Hours of Service Violations
Drivers must be proficient in the operation of the big rig, including:
The total number of hours they are behind the wheel each day
the time they are on the job or the clock for their employer
hours driving between destinations
rest breaks and off-duty status
Drivers must have the skills of a professional truck driver, including:
A truck accident lawyer can help identify log book and hours-of-service violations, which are critical in determining liability in truck accidents.
What you should do if you are injured in a commercial motor vehicle accident near Austin:
1. Call the police or wait for an investigating officer
If you can speak with the police officer investigating the crash, tell the officer your story. Your only chance to talk with the officer may be at the hospital. Truck drivers are very defensive in protecting their commercial driver’s license and often deny responsibility when they cause a crash.
Consulting a truck accident lawyer can be very helpful in these situations. Police reports can provide evidence, particularly in serious injury accidents, because the officer may reconstruct or reenact the accident. Regardless of whether the officer’s opinions can come into evidence and a trucking accident lawsuit, the officer’s factual observations, such as the scene of the crash, debris, and markings on the highway, as well as witness information, weather, etc., may well be admitted in a trial.
2. Take photographs
Use your cell phone to photograph the accident scene, the vehicles, and the resting position of the big rig and your vehicle. If you can, photograph the place where the impact took place and any skid marks or other markings on the highway safely.
3. Identify witnesses
Some of the most powerful evidence can come from independent witnesses to the crash. These are usually fellow motorists who were in the area at the time of the accident and saw it occur. It is important not to rely upon the officer investigating the crash to record the name and contact information of witnesses. Often, the officers are more interested in safety at the scene than in documenting independent witnesses.
4. Record statements by the driver
If the truck driver talks to you regarding how the accident happened, it is important that you record those statements either by video on your smartphone or by writing down what the driver said. This can be as simple as the driver saying, “I didn’t see you. I’m sorry.”
5. Get the necessary medical treatment
Most of the time, after an 18-wheeler collision, the surviving victims are taken to the hospital by ambulance. Victims of commercial vehicle crashes must follow their physician’s instructions. Do not “tough it out” or miss appointments because your health and happiness can be on the line. Additionally, it is important to understand that emergency rooms are for emergencies. Many hospitals will not treat you for conditions that are not life-threatening, even if they require surgery. The hospital will refer you to a specialist or primary care physician for follow-up care.
Austin Highways, Where Truck Accidents Happen Frequently
What is the statute of limitations for filing a truck accident claim in Austin?
The statute of limitations for filing a truck accident claim in Austin is two years from the accident date.
It is important to speak with an attorney quickly to ensure your claim is submitted before the deadline.
Can I still recover compensation if I was partially at fault for the accident?
Yes, if you were partially at fault for the accident in Texas, you may still be able to recover compensation if your degree of responsibility is less than 50%.
Under Texas law, if you are found to be less than 50% at fault for an accident, you may still be able to recover compensation for your damages. This is known as comparative negligence.
What should I do if the insurance company offers me a settlement?
Consult with an experienced truck accident lawyer to evaluate the settlement offer from the insurance company and determine if it is fair.
How long will it take to resolve my truck accident case?
It is difficult to determine exactly how long your truck accident case will take to resolve. However, an experienced attorney can better assess the timeline based on factors such as the complexity of the case and the insurance company’s willingness to negotiate.
Can I file a wrongful death claim if a loved one was killed in a truck accident?
Yes, you may be eligible to file a wrongful death claim if a loved one was killed in a truck accident.
This type of claim can help you recover compensation for medical expenses, funeral costs, loss of companionship, emotional trauma, and other damages.
Do Austin truck accident claims require special expertise?
Yes, do not trust your case simply because a law firm claims to have Austin truck accident attorneys. Real Austin, truck accident lawyers, will have case results to prove their experience and reputation. Truck accidents require special skills and knowledge – don’t settle for less with your truck accident case.
Why Contact an Expert Austin Accident Lawyer?
if you have been hurt in an accident with a commercial vehicle, getting expert legal help is vital to being fully compensated.
Contact Our Austin Truck Accident Attorney for Help!
While our primary law office for truck accidents is in Houston, Texas, we maintain a satellite office in Austin to serve our clients better. We take appointments at both facilities and offer home and hospital consultations by appointment only to those who cannot travel due to their injuries.
Our years of experience in trucking accident litigation have repeatedly proven that we are the “go-to” truck accident law firm in Texas. Our results in truck accident lawsuits are unparalleled, and we speak for ourselves. While each case is unique and stands on its merit, our trucking litigation experience over the last three decades shows that you do not want an attorney learning on the job in your case. We recommend you thoroughly research the attorney you are considering for a trucking accident case.
Do not let the insurance company handle your claim. Insurance companies for truck drivers typically contact injured persons quickly after a crash. The adjuster intends to establish rapport with the victim and infer that the victim does not need an attorney to represent them in the case.
Often, words such as “we accept responsibility” are used, and people mistake that to mean we will pay you fairly. That is not the case; insurance companies are trying to pay as little as they possibly can on each claim to maximize their profitability. If an insurance company can pay you $.10 on the dollar, they will do so without batting an eye.