Trucking Accident Lawyer Texas
After a truck accident, it is important that you hire an attorney with a background pursuing truck drivers and their employers. At Brandy Austin Law Firm, LLC, we take an informative approach that is both reassuring and encouraging. Personal injury makes up a large number of our case files and that includes truck accidents. To secure experienced representation of our Texas truck accident attorneys, contact us today.
Dealing With Serious Injuries
Commercial trucks can be seen on highways and roads across the country. Trucking accidents can impact not only the victims but their families profoundly. As a victim, it’s important that you take action in the days and weeks following a trucking accident. Managing serious injuries can be all consuming. Holding the liable party accountable can take a significant amount of time.
Because of this, it may be in your best interest to seek legal counsel. With the help of a professional, you can give yourself the best opportunity at an outcome in your favor.
The sheer size and impact of a trucking accident has the ability to deliver a force that can cause serious injuries and even death. When an accident occurs that involves a large truck, it can be assumed that the results are likely to be devastating. Common injuries that accident victims may face following a trucking accident include:
- Broken Bones
- Brain Injuries
- Lacerations
- Burn Injuries
- Spinal Injuries
- Soft Tissue Injuries
If you have been injured, it warrants at least consult with our trucking accident lawyer from Brandy Austin Law Firm, PLLC. We can take the time to review your case and help you determine if you have the ability to seek damages for your accident.
Gathering Evidence To Support Your Case
Evidence is key to making sure that trucking accident victims obtain a successful outcome for their case. Evidence not only helps to value your claim but also to support a successful outcome following a trucking accident. We can review your trucking accident case, negotiate with insurance companies, and prepare for litigation if necessary.
The following, are key pieces that your trucking accident lawyer is likely to request when pursuing legal action, including:
- Logs from the truck involved in the accident, including:
- Manufacturing details
- Maintenance records
- Driver logs
- Medical documentation outlining injuries
- Photographs or videos of the accident
- Photographs or videos of injuries
- Your personal statement of the accident
What Makes Truck Accidents Unique
- The extent of the injuries: A commercial truck with load can weigh up to 80,000 pounds. This is approximately 25 times larger than the typical passenger vehicle and the impact is often immense. Drivers may sustain serious injuries that render them unable to remember the accident or keep them incapacitated during crucial investigation times. This serves only to complicate the circumstances further since these cases depend heavily on recollection of the facts.
- Truck driver training: Unlike operators in passenger vehicles, truck drivers undergo intensive training to maneuver their vehicles and avoid accidents. The notion of negligence is often assumed to be on the driver of the car rather than the truck due to this training. This does not mean that truck drivers are never found negligent but it will require additional work to prove that in negotiations or at trial.
- Multiple defendants: Unless the driver is an independent operator, most cases involving commercial drivers require naming more than one defendant. The employer of the driver and the commercial carrier can often be held liable. Also, if there were any shortcomings in how the truck was loaded or maintained, those parties can be named in a lawsuit too. It takes substantial investigation to find everyone responsible.
- Federal law questions: If the truck was overloaded, for example, that is a violation of federal law as well as proof of negligence. There are many regulations that affect the trucking industry and knowing which of these are followed well or violated can help make or break a case. The regulations are so important to establishing safety on the road that often breaking one is considered enough evidence for proving negligence.
- Hazardous material: Many commercial trucks also carry hazardous material. This brings in toxic tort injuries that can result from plaintiffs being exposed to dangerous chemicals. Hazardous material also comes under state and federal regulations that could be used to show liability.
A truck accident is frequently a matter that goes beyond who hit whom and under what circumstances. It often combines many different legal issues including employer liability, interstate commerce requirements, and toxic torts. Attorneys who manage these cases often need experience in all these areas, depending on the type of truck involved in the accident.
Holding Drivers Liable
While truck accidents may be more complicated to litigate, the reasons for liability are not much different from other road accidents. Fatigue, failure to maintain a proper lookout, drug or alcohol use, and other shortcomings while operating a vehicle all come into play with these accidents as they do with smaller car accidents. Mechanical failures, including bad brakes and insecure trailer attachments, are also possible factors in these accidents.
However, the Federal Motor Carrier Safety Administration estimates that truck driver error only occurs in three percent of accidents. The burden of proof is on you the plaintiff anytime you bring an action about another driver. This burden intensifies when you are up against a truck driver because the instinct of insurance adjusters, arbitrators, judges, and even juries is to give the benefit of the doubt to that driver.
The injuries sustained in truck accidents are frequently very serious and your case deserves a thorough investigation at the very least. Rather than just write off the accident as your fault or drop your case because you do not remember much about the facts, a trucking accident lawyer in Texas at Brandy Austin Law Firm, PLLC can take a closer look. It all starts with an initial consultation, then moves on to a review of your medical records and any accident report. If necessary, we can contact an accident reconstruction expert to get to the truth of what happened in your collision.
If you’re in need of a trustworthy trucking accident lawyer, contact our firm. Litigating a truck accident has little in common with the usual car accident. Pursuing a commercial carrier is a different process than securing damages from a private individual or an insurance company. There are also multiple elements involved in truck accidents that make determining fault difficult.
It is important you hire an attorney with a background in pursuing truck drivers and their employers if you are the victim of a truck accident. We take an informative approach that is both reassuring and encouraging. Personal injury makes up a large number of our case files and that includes truck accidents. To secure legal assistance with the effects of your truck accident, contact us today.
Common Reasons For Trucking Accidents
National statistics show that truck drivers are responsible for more than half of all fatal crashes that happen each year. Studies find the most common reason truck drivers cause trucking accidents include:
- Fatigued driving: A trucking accident lawyer Texas locals prefer knows that despite federal regulations limiting the number of hours a truck driver can be on the road, they often suffer from fatigue. Even with these regulations a driver can be on the road up to 11 hours per day. Worse, many trucking companies put undue pressure on drivers to keep unrealistic schedules, causing many of them to take prescription and over-the counter drugs to stay awake.
- Speeding: Many truck accidents are caused because of truck driver speeding which again, is often caused by the driver feeling pressured to meet an almost impossible delivery schedule. These massive vehicles take much longer than other vehicles to slow down or come to a complete stop, so when a driver is speeding, the consequences can be deadly.
- Distracted driving: Unfortunately, distracted driving is just as prevalent for truck drivers as it is for other vehicle drivers. Talking, texting, fiddling with the radio, are all distractions that can cause a driver lose focus on the road in front of him, often with catastrophic results.
- Inexperienced or untrained drivers: Another common cause of truck accidents is that the driver has not been properly trained or have enough experience behind the wheel. Tractor trailers are difficult to handle and it is critical for everyone’s safety that the person behind the wheel knows exactly what he or she is doing. It should never be “on-the-job training” for a truck driver responsible for an enormous vehicle.
If you have sustained injuries in a truck crash and would like to speak to a skilled Texas trucking accident lawyer, contact our office today. Our seasoned legal team at the Brandy Austin Law Firm will aggressively advocate for you in making sure you receive the financial damages you deserve.
When Should I Contact An Attorney?
It’s best to contact a trucking accident lawyer as soon as possible. We can help provide you with the answers you are so desperately in search of. The sooner you contact us, the sooner we can begin reviewing your case and assisting you in taking the appropriate steps towards reaching a resolution.
What Is A Truck’s No Zone?
A truck driver’s visibility is quite limited compared to a regular vehicle. Because of this, they have “no zones” where other drivers should be extra cautious. This is where they have limited or zero visibility, such as directly behind them, or in their left rear quarter. As a rule of thumb, if you cannot see the driver’s rear view mirrors, they cannot see you.
How Is Fault Determined In A Truck Accident Case?
Your lawyer will launch a full investigation before they bring your claim to court. This will include interviewing witnesses, investigating the driver’s actions behind the wheel, the company’s working practices, and look into their driver qualification file (DQF). Some details they will look for include:
- How long the driver has been working for their company.
- The driver’s training process.
- The reputation of the trucking company.
- How many hours the driver was working and when they took their last break.
- The condition of the truck.
- The conditions of the roads.
- The driver’s driving history, records, and medical test results.
Once your lawyer compiles this evidence, they will present it to the judge as contributing factors to the accident.
What Type Of Compensation Am I Eligible For?
It is hard to say exactly without knowing the specifics of your case, but it is common to receive a mixture of the following:
- Compensation for pain and suffering.
- Coverage for any damages to your car.
- Compensation relating to medical and auto insurance.
- Payment for income missed due to lost work, or even payment to cover your lost earning capacity.
- Damages resulting in any medical needs including payment to doctors, hospitals, and therapy centers.
Contact Our Trucking Accident Lawyer
It’s only natural for an accident victim to approach their case with at least some feelings of worry and anxiety. Brandy Austin Law Firm, PLLC can help ease your worries by exploring the available options and tackling your case with. Do not hesitate to contact us today to schedule your risk free consultation.
Call the office at 817-841-9906 or contact us online for intelligent and dedicated representation. Set an appointment with our top trucking accident lawyer today.
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