Texas Truck Accident Lawyer | Texas Semi Truck Accident Lawyer
If you or a loved one has been involved in a large truck or commercial vehicle accident, consider filing a personal injury claim.
18-wheeler accidents often happen in Texas, and the resulting injuries and other damages can devastate those involved.
Personal injury attorneys, like those at the Law Offices of Floren|Robig, specialize in helping accident victims get the compensation they deserve in significant truck accidents.
Texas Truck Accident Lawyer | Texas Semi Truck Accident Lawyer
Different Types of Semi-Truck Accidents in Texas
Because semi-trucks are so large, they are often involved in unique accidents. Car accidents involving large trucks are more dangerous than those involving smaller vehicles.
Below are some of the most common types of tractor-trailer accidents in Texas.
Override accidents.
Rollover accidents occur when a vehicle hits the rear or side of a large truck and is pinned under the truck's body. These crashes can rip off the roofs of smaller cars and are considered particularly dangerous.
Cancel accidents
Rollover accidents occur when a large truck rolls over a small car, often ending up on top of it, causing catastrophic injuries.
Squeeze-Play Accidents
These accidents occur when a large truck turns left to right, causing smaller cars to merge onto its right side before "squeezing" the truck before turning right.
These accidents allow small cars to escape and can result in severe injuries and property damage.
Cargo truck accidents
Occasionally, there are accidents where the cargo of a commercial truck falls on the road, causing great danger to other drivers. These incidents may be due to improper truck loading or loss of control for different reasons.
Out-of-control truck accidents
Runaway trucks are large trucks that lose control of their brakes while traveling downhill. Runaway truck accidents can be hazardous.
Rollover accidents
Trucks can overturn when they lose control. This can happen with strong winds or due to an accident. Trucks can roll on their sides or, especially when traveling at high speeds, completely roll over, sometimes several times.
Knife accidents
A "blade attack" occurs when the trailer part of the truck swings into the front cab, rendering the truck useless. These accidents can happen due to slippery roads and other factors.
Determining Fault and Liability in Truck Accidents in Texas
Two terms often used when discussing car accidents are "fault" and "liability." If you have been involved in a truck accident in Texas, it is essential to understand these terms, their significance, and how they affect personal injury claims.
Failure
Fault refers to the party responsible for causing the accident. Truck drivers, drivers of other vehicles, or even the state or municipality can be blamed for inadequate signage or poorly maintained roads if they cause an accident.
Just because a party was at fault in an accident does not mean they will be liable for damages.
Responsibility
Liability refers to the party responsible for paying any damages in a personal injury claim, including punitive damages. Texas is a fault state, which means that the party that caused the accident is responsible for paying damages.
Still, just because a truck driver caused an accident doesn't mean he's personally liable for damages. Possible responsible parties in truck accidents include:
Trucking Company: The company may be liable if the driver is a commercial trucking company employee and causes the accident. Trucking companies are responsible for providing their drivers with proper training.
Truck Driver:Â The only scenario in which a truck driver would be liable for damages in an accident is when working as an independent contractor or self-employed driver. Even then, your insurance is potentially responsible for the damage.
Insurance Company:Â Insurance companies are the most responsible party in auto accidents. Most insurance coverages will cover some or all of the costs of damages owed to a person injured in a truck accident.
Causes of Truck Accidents in Texas
Truck accidents can have many different causes. When accidents occur because truckers or trucking companies are negligent, these parties can be held liable in personal injury cases.
Manufacturer's Fault
Faulty parts in trucks or other vehicles can cause accidents. The vehicle manufacturer may be at fault if its fault causes the accident.
Driver Error
Driver error is one of the most common causes of truck accidents. A mistake could be as simple as not looking in the mirror before merging.
Loading Errors
Depending on the specific situation, truck drivers, trucking companies, or other parties may be responsible for properly loading the cargo onto the truck. Cargo that is not balanced correctly or adequately secured can cause accidents.
Improper Truck Maintenance
Texas has laws that require large trucks to be properly maintained to operate on the state's highways.
Failure to follow these guidelines is illegal and can lead to partial failure and other problems that lead to accidents and endanger others.
Dangerous road conditions
Sometimes, truck-car accidents happen because the roads are slippery, rough, or difficult to navigate.
Negligence of the Trucking Industry
If the trucking company fails to screen or train the trucker properly, it can cause an accident.
Examples of trucking industry negligence may include:
- Please maintain proper logbooks.
- Follow trucking regulations.
- Disregarding truck drivers' maximum hours of service per day.
Truck Accident Facts in Texas
Texas has many major highways and many large trucks on the road. Accidents involving commercial trucks and other vehicles occur every day of the year, many of which result in death and severe injury, particularly to occupants of passenger vehicles.
Check out these statistics from the Texas Department of Transportation about at least one commercial vehicle accident in Texas in 2021:
Seven hundred-five people died in commercial vehicle accidents in Texas in 2021.
In 2021, there were more than 38,000 commercial vehicle accidents in Texas.
More than 7,300 people were injured in commercial vehicle accidents in Texas in 2021.
According to the Federal Motor Carrier Safety Administration (FMCSA), the number of large truck accidents in the United States increased by 2 percent from 2018 to 2019.
What injuries occur during truck accidents?
Truck accident injuries have a higher rate of severe injuries and deaths than other accidents. The main reason is that semi-trucks can quickly cause significant damage in a collision with a small motor vehicle.
All of the following injuries are commonly seen in truck accident victims:
- Internal bleeding
- Organ damage
- to cut into pieces
- distortion
- Traumatic brain injuries
- Back injuries and spinal cord injuries (including stroke)
- Cuts, burns, and bruises
- Bone fractures
- Fatality
What is negligence, and how will it affect your truck accident claim?
Negligence is a significant factor in any personal injury case. A party can be charged with negligence if they breach a duty of care, i.e., they take action they know or know is likely to cause harm to others.
For a successful truck accident lawsuit, a personal injury attorney will investigate the accident to prove that negligence caused it. They will then work to prove that you also suffered injuries or damages due to the accident.
Negligence in a truck accident can be as simple as a truck driver operating his vehicle under the influence or as serious as failing to use a turn signal before pulling over. Truck driver fatigue or inexperienced truck operators are additional examples of negligence.
What should you expect from a personal injury claim in a Texas truck accident?
The first step in the claims process after a truck accident in Texas is to contact a law firm. Most experienced attorneys will offer free consultations to review your situation and help you decide whether filing a personal injury claim is correct.
If you proceed, your attorney will need your help gathering all the documents, photos, files, and information related to your accident and the resulting damages.
Your attorney will then work to determine the party responsible for the incident and then file a personal injury lawsuit against that party within the statute of limitations or time frame.
Your attorney will handle all communications related to your case. They mediate between you, the at-fault party, and anyone involved in the accident.
Personal injury claims are usually settled out of court. This means that you, your attorneys, and the responsible party agree to a fair settlement amount to cover your damages.
In the rare event that no settlement is reached, you'll be happy to have an experienced semi-truck accident attorney on your side to help you get fair compensation for your damages.
What are the damages in truck accidents?
To calculate a fair settlement amount for your case, your attorney will assess the injuries and damages that resulted from the accident and how it has affected your life.
The following are all common damages in truck accident cases:
Lost wages:Â If you have been unable to work because of your accident and expect to be unable to work for some time or indefinitely, you may be entitled to compensation for any lost wages. May be eligible.
Wrongful Death:Â If you file a personal injury claim for a family member or loved one killed in a truck accident, you may receive wrongful death damages.
Medical Expenses:Â Likely, all your medical bills that have been paid and any anticipated medical expenses related to injuries sustained in the accident will be paid in one settlement.
Pain and Suffering:Â Your attorney will help you assess how the accident and resulting injuries have affected your health and any past or present pain and suffering related to the incident. Therefore, the appropriate amount of compensation will be calculated.
Why You Should Work With a Texas Truck Accident Attorney
While you don't technically need an attorney to file a personal injury claim in Texas, doing so increases the likelihood of receiving fair compensation for any damages.
After a free evaluation of your case, an experienced attorney can build a strong, fact-based case to present to the responsible party, increasing your chances of receiving fair compensation.
After a truck collision, the last thing you want to worry about is paperwork and legalese.
Your attorney will work hard to reach a fair settlement and negotiate with insurance adjusters and other parties so you can focus on getting medical care and getting better.
Steps to take after a truck accident
After being involved in a truck accident, you should take some critical steps to ensure your safety and give yourself the best possible chance, should you later need to file a personal injury claim.
Recommended steps to take immediately after a commercial vehicle accident include:
Accept medical treatment:Â You mustn't refuse medical treatment after a truck accident. Even if you think you're not injured, let first responders examine you and follow their recommendations.
File a police report:Â After an accident, you must file an official police report. This report will contain factual information that may help in a later personal injury case.
Contact an Attorney:Â If you may have been negligent during a significant truck accident, you should contact an attorney to discuss whether filing a personal injury claim is correct.
List of the best truck accident lawyers in Texas
Motorcyclists involved in truck accidents in Texas and those who have lost loved ones in fatal truck accidents in the state should contact an experienced attorney.
Florian, We are experts in truck accident law, and our team has years of experience working with commercial truck accident cases.
Florian
- Will H. Floren, BCS
- Tommy D. Robig, BCS
- Chase P. Florian, BCS
- Parker Y. Florian, LL.M
- Taylor D. Robig
- John J. Hart
- Lawrence J. Najm, OC
- Knowles R. Solarte, OC
- Andrew M. Levin, OC
Whether you have suffered minor or catastrophic injuries, the team at Florian|Robig can help you file a successful truck accident claim. We have obtained billions of dollars in settlements for our injury clients and have won countless favorable verdicts in cases that have gone to court.
Connect with a truck accident attorney today.
The Florian|Rubig team prides itself on providing excellent representation to its clients.
We are supported by outstanding client testimonials and accreditation recognition on numerous award lists, including Best Lawyers 2022 "Top Law Firms" selection.
We follow all state and federal regulations and guidelines, help our clients understand their legal rights, and work to obtain favorable settlements for our clients.
If you are looking for a Texas truck accident attorney, contact the offices of Florian|Robig today.
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