Truck Accident FAQs
Truck accidents can be complex, involving multiple parties and a wide range of legal considerations. If you’ve been involved in a truck accident, it’s essential to understand your rights and the steps you should take to protect yourself. On this page, we’ve gathered some of the most frequently asked questions to help guide you through the process. Whether you’re dealing with insurance companies, medical expenses, or seeking compensation for your injuries, we’re here to provide clarity.
At the Cain Firm, we have decades of experience handling truck accident cases, and our legal team is ready to answer any questions you have. If you're seeking personalized guidance or need assistance with your case, don’t hesitate to contact us.
- What are common causes of truck accidents?
- When should I talk to an attorney?
- What are Texas truck accident statistics?
- Why contact a truck wreck lawyer?
- What are common causes of 18-wheeler crashes?
- What are common Texas 18-wheeler accident injuries?
- How is liability determined in a Texas 18-wheeler accident?
- Who can be held liable for a Texas 18-wheeler accident?
- Why are 18-wheeler accidents so dangerous?
- How can a Texas personal injury attorney assist me in my 18-wheeler accident case?
What are common causes of truck accidents?
Truck accidents are responsible for severe injuries, numerous fatalities, and property damages due to the weight and force of moving motor vehicles. If you have been in an accident, the Cain Firm is prepared to begin the investigation for you.
Listed are some of the most common causes of truck accidents:
- Speeding is a serious safety violation for any motor vehicle. Because it takes longer for a large truck to stop, insufficient reaction time can cause a truck to collide with other vehicles, jackknife, or swerve into other lanes of traffic.
- Distractions consist of using a cell phone, eating or drinking while driving, or merely tuning the radio. These activities deter a driver’s attention away from the road, triggering an accident.
- Inadequate driver credentials or incomplete training contribute to accidents in handling a large vehicle, whether it’s unfamiliar territory, unexpected road debris, or weather conditions.
- Fatigue happens. According to federal laws, limitations are imposed when driving short trips or long distances. Drivers are required to take breaks. On-duty driving schedules beyond 60 to 70 hours over a period of seven or eight days are not allowed.
- Truck maintenance routines are critical and mandated. The primary causes of truck accidents are wear and tear of engines, tires, and braking systems. Substandard maintenance for trucks is a violation.
- Improper loading includes the distribution of weight for the cargo or lack of securing the payload in place. Unbalanced forces can cause the truck’s cab to lose control of the vehicle, prompting an accident.
When should I talk to an attorney?
Under Texas law, both an employed driver operating a vehicle and their employer may be held accountable for all of the damages and injuries incurred.
The Cain Firm is built on a foundation of protecting our client’s rights. Our role in trucking accidents is to identify the cause of negligence. Our ultimate goal is to seek compensation to relieve our client’s financial burdens and restore a standard of living.
What are Texas truck accident statistics?
In 2017, data from the Texas Department of Transportation (TxDOT) reported fatal truck accidents in the state of Texas. Although pickup trucks accounted for more accidents last year, the severity of injuries is much higher with large trucks.
- Pickup trucks: statewide 1303, rural routes 770, and urban streets 533
- Semi-trailers: statewide 433, rural routes 284, and urban roads 49
- Trucks: statewide 126, rural routes 62, and urban streets 64
At the end of 2016 the National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System (FARS) stated fatal crashes by vehicle configuration. Trucks were defined with a gross weight rating greater than 10,000 pounds.
- 62 percent involved semi-trailers
- 16 percent involved single unit 2 axles
- 10 percent involved single unit 3+ axles
Why contact a truck wreck lawyer?
If you’ve been injured in a truck wreck, you need strong legal representation. At Cain Firm, our experienced Granbury truck wreck lawyer has defended clients vigorously and helped achieve outcomes in favor of each individual. Contact us today to schedule a free consultation. In the initial consultation, Brett Cain will sit down with you and discuss the details of your case, advising you on the best legal course of action.
What are common causes of 18-wheeler crashes?
The most common causes of 18-wheeler crashes in Texas can be divided into four categories: driver negligence, road conditions, equipment failure, and environmental factors.
- Driver Negligence: Drivers of 18-wheelers are often under pressure to meet tight deadlines with long hours on the road. This can lead to fatigue and a decrease in focus, resulting in mistakes such as not adhering to speed limits or making unsafe lane changes. Distracted driving due to cellphone use is also becoming increasingly common among truck drivers, especially given the prevalence of device use while driving.
- Road Conditions: Unsafe roads are one of the leading causes of truck accidents in Texas. Poorly maintained roads, unmarked construction sites, debris on highways, and poorly placed traffic signs can all lead to accidents. Additionally, the state of Texas is known for its hot weather, which can cause roads to expand and contract due to high temperatures, making them prone to cracking or rutting.
- Equipment Failure: Commercial trucks are large and complex vehicles with many moving parts. If any part of a truck’s equipment fails, it could result in an accident. This is especially true if brakes fail or tires blow out due to being overused or improperly maintained.
- Environmental Factors: Weather conditions such as fog, rain, and snow can all make driving difficult for 18-wheelers. Strong winds can also cause drivers to lose control of their vehicles, leading to disastrous results. Finally, wildlife on the roads can be a hazard for truck drivers who may not have the time or reaction speed to avoid them.
Overall, understanding the most common causes of 18-wheeler accidents in Texas is essential for preventing further tragedies from happening. Drivers should always pay attention to their surroundings, adhere to traffic laws, and maintain their vehicles regularly to ensure that everyone on the road stays safe.
Additionally, local governments should work towards improving road conditions to make sure that they are adequately maintained and equipped with proper lighting and signage. With these measures in place, we can reduce the number of preventable truck accidents in our state.
What are common Texas 18-wheeler accident injuries?
- Broken Bones: Often caused by blunt force trauma or being crushed between objects.
- Lacerations: Deep cuts from sharp metal or glass debris.
- Spinal Cord Injuries: Can range from minor injuries to complete paralysis.
- Traumatic Brain Injuries (TBIs): Result from direct head impact or whiplash.
- Internal Organ Damage: Blunt force trauma can injure vital organs like the lungs, heart, liver, and kidneys.
- Broken Neck: Severe trauma can fracture the cervical spine.
- Concussions: Head injuries that can cause cognitive issues and long-term complications.
- Nerve Damage: This can lead to pain, numbness, or loss of function.
- Burns: Often caused by fires or explosions in high-impact crashes.
- Amputations: Severe accidents can lead to loss of limbs.
If you or someone you know experiences any of these types of injuries after a truck accident in Texas, then it’s essential to get help from an experienced personal injury attorney as soon as possible to protect your rights. An experienced attorney will be able to investigate the crash and work to maximize your compensation for medical bills, lost wages, and other losses.
In summary, the most common injuries associated with 18-wheeler accidents in Texas include broken bones, lacerations, spinal cord injuries, traumatic brain injuries, and internal organ damage. However, many other potential injuries could also occur due to a truck accident so it’s important to get help from an experienced attorney if you or someone you know experiences any of these types of injuries after a crash.
How is liability determined in a Texas 18-wheeler accident?
In Texas, liability in an 18-wheeler accident is determined based on who was at fault for causing the accident. In most cases, one of the drivers involved in the crash will be found to be negligent, meaning they acted in a way that directly led to the crash occurring. This could include things like distracted driving, failing to yield the right of way, speeding, or otherwise breaking traffic laws. Depending on the specific facts of the case, more than one person may be liable for damages resulting from the accident.
Once negligence has been established by determining who caused an 18-wheeler crash, then a determination must be made as to whether any other parties are also responsible. For example, if a trucking company failed to maintain its vehicles or adequately train its drivers properly, then it too could be held liable for resulting injuries and damages. Similarly, if a defective part on the 18-wheeler caused the accident, then the manufacturer of that part may also be responsible.
The party who is deemed most at fault in an 18-wheeler crash will typically be held primarily responsible for any damages stemming from the accident. Texas uses a system of comparative negligence to assign percentages of liability between involved parties to determine the amount of financial responsibility each has for any resulting harm. This percentage can have a significant impact on how much compensation an injured person might receive from those found liable for their losses.
It’s important to remember that determining liability in an 18-wheeler crash can be a complex process. An experienced attorney should be consulted to identify all the potentially liable parties and ensure that injured victims receive full and fair compensation for their losses. Ultimately, liability will depend on various factors unique to each incident, including who was at fault and whether any other potential defendants are responsible for damages. With the right legal help, it is possible to hold negligent parties accountable for their actions in an 18-wheeler accident.
Who can be held liable for A Texas 18-wheeler accident?
The parties that could be held liable for an 18-wheeler accident in Texas vary widely, depending on the circumstances of the incident. Here are some of the more common entities that may be held responsible:
- The Truck Driver: The truck driver is typically the first person who comes to mind when discussing liability in a Texas 18-wheeler accident. If their negligence caused or contributed to the accident, they can be held liable for any resulting damages. Examples of negligence include driving while fatigued, operating under the influence of drugs or alcohol, failing to adhere to traffic laws, and not maintaining their vehicle properly.
- The Trucking Company: The company that employs the truck driver may also be found liable if they encouraged their employees to drive in an unsafe manner or failed to train them properly. In addition, if the company did not properly inspect and maintain its fleet of vehicles, it may be held accountable for any resulting damage.
- The Cargo Owner: If the 18-wheeler was carrying hazardous materials that caused or contributed to the accident, the owner of those goods can potentially be held liable.
- The Truck Manufacturer: If a malfunctioning part on the truck caused or contributed to an accident, its manufacturer could be held responsible.
- Other Drivers Involved: Finally, other drivers involved in the incident may also be found liable if their negligence played a role in causing the crash.
No matter who is found to be at fault, anyone injured in an 18-wheeler accident in Texas may be eligible for damages. An experienced attorney can help evaluate the facts of the case and determine who should be held responsible.
It’s important to remember that each situation involving an 18-wheeler accident is unique, so it’s essential to consult with a knowledgeable attorney if you have been involved in one. With their assistance, you may be able to seek compensation for any harm you’ve suffered because of someone else’s negligence.
Why are 18-wheeler accidents so dangerous?
Texas 18-wheeler accidents are some of the deadliest accidents on America’s roads and highways. This is due to several factors, including the size and weight of the truck, as well as its higher speed compared to other vehicles. The sheer size and weight of an 18-wheeler can cause more serious damage in an accident than a smaller car or truck. A fully loaded tractor-trailer may weigh up to 80,000 pounds, while a standard passenger vehicle weighs only around 4,000 pounds.
Additionally, it takes much longer for a large commercial truck to brake for a stop than a car or regular truck; this means that if an accident occurs, there may be less stopping power available for the 18-wheeler driver to prevent a collision. The higher speed of an 18-wheeler is also dangerous as compared to other vehicles. Due to their size and weight, they need more time and distance to slow down or stop, which increases the risk of serious injuries in an accident.
With the greater mass involved, it takes longer for the vehicle to come to a complete stop when braking. This can result in rear-end collisions, T-bone accidents, run-off road accidents, and rollovers – all of which can be deadly.
Overall, Texas 18-wheeler accidents are some of the most devastating on our roads due to their immense size and weight combined with their higher speeds. The damage they cause is often catastrophic for those involved in such collisions. A truck driver’s effort to remain safe on the roads is essential for everyone’s safety.
All drivers need to be aware of their surroundings and drive defensively to help prevent accidents involving 18-wheelers. Though they may not always be avoidable, minimizing the risk factors associated with Texas 18-wheeler accidents can go a long way toward ensuring that everyone arrives safely at their destination.
How can a Texas personal injury attorney assist me in my 18-wheeler accident case?
A Texas personal injury attorney can provide critical assistance to those injured in an 18-wheeler accident. An experienced attorney will use their knowledge of relevant laws and regulations, as well as investigative skills, to build a compelling case for the individual’s lawsuit.
The lawyer will first interview the client, assessing the injuries and damages caused by the accident. They may request medical records or other documents that serve as evidence of harm incurred due to the incident. Then, they will gather information from witnesses who may have seen events leading up to or after the crash.
Afterward, a skilled attorney will conduct research regarding any pertinent state or federal laws related to truck driving practices in Texas — such as hours driven per day or weight limits — and any other laws that may apply to the case. This research can be used to build a strong legal argument in support of the client’s claim, which is then presented to the court or insurance companies.
The attorney also serves as an advocate for the client throughout the proceedings, navigating complex negotiations with adjusters or opposing lawyers. They will advise on settlement options, ensuring that the plaintiff receives fair compensation for medical bills, lost wages, emotional trauma, and pain and suffering caused by the accident.
Overall, Texas personal injury attorneys are invaluable resources for those injured in 18-wheeler accidents. With expert guidance from a qualified lawyer, individuals can confidently pursue justice and seek financial reparations for injuries caused by another’s negligence. With the right legal counsel, truck accident victims can pursue the compensation they deserve from those responsible for their injuries.
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