Truck Accident Lawyer in Austin, TX
Long-term injuries can result from truck accidents
Those who have been injured in a semi-truck collision know that they can be especially serious and traumatizing. The trucking company, its insurance carriers, and their large legal teams will often do everything they can to minimize the serious appearance of your injuries, and in turn, the compensation you deserve. In essence, you will likely be victimized a second time by being treated like you did something wrong.
Because truckers are often on the job when an accident happens, you may have a claim against both the driver and their employer, which is why it’s important to choose the right truck accident lawyer for your case. Here are a few factors to consider before hiring a top-rated Truck Accident Lawyer.
Why is It Worth Hiring a Truck Accident Lawyer?
If you have suffered injuries in a truck accident that was caused by another person’s negligence, the experienced truck accident lawyers at TK Injury Lawyers can assist you with pursuing the monetary compensation you deserve.
Large trucks, including big rigs and tractor-trailers, are many times larger than passenger vehicles. Consequently, when one of these large vehicles collides with a much smaller vehicle, the injuries and damages that result can be catastrophic. Victims of truck accidents can suffer broken bones, traumatic head injuries, and soft tissue injuries, to name only a few. But the costs associated with treating these injuries often run into the tens of thousands.
Truck accidents can occur almost anywhere, from busy interstate highways in the greater Austin area, to small, dual-lane country roads. No matter where the truck accident occurs, however, the resulting injuries can be serious and debilitating. Please call us today for more information about how we can help you throughout your truck accident legal claim.
How to Choose The Best Truck Accident Lawyer in Austin:
- Experience – When choosing an Austin truck accident attorney, it is crucial to find a lawyer who has experience with Austin truck accident litigation and Austin personal injury cases. Experienced attorneys will know what is needed to file a successful claim and will prevent you from being bullied by unfair insurance settlement tactics.
- Focus – Using an attorney who focuses on Austin truck accidents and Austin personal injury lawyer is important. Attorneys who practice heavily in these areas will be able to devote their time and attention to your case in a more efficient manner than other attorneys who practice in all areas of law and their experience is often much more extensive.
- Personal Outreach – Look for a truck accident attorney in Texas who is willing to reach out to you and take the time to work with you directly. Many attorneys and law firms never take the time to get to know their clients and understand their situations.
- Expert Help – Austin Truck accident litigation often requires the assistance of experts who can help prove the legal elements required for a successful claim. Our experienced Austin Truck Accident Attorney Texas will be able to identify the types of experts that are needed and will hire the experts needed for your case.
- Testimonials – When selecting an attorney, always ask to look at testimonials from former clients. This will allow you to gauge the expertise and professionalism of the attorney.
Our trucking accident attorneys at TK Injury Lawyers, have the experience, inside knowledge of insurance company strategies, and proven results necessary to level the playing field.
Jim and Trent will take your case as far as necessary to obtain justice, and will never settle your case unless you choose to do so.
Truck Accident Liability
One of the most challenging things investigators have to do after a truck accident is determining liability. Since multiple parties can be held responsible for a truck accident, your claim can name multiple defendants. A truck accident lawyer will be able to conduct an investigation into the crash, how it was caused, and who can be held responsible. Once liability is determined, you can begin the process of seeking damages from the at-fault parties.
Parties who can be held liable for a truck accident include the following:
- The truck driver
- The owner of the truck
- The trucking company
- The truck driver’s employer
- The manufacturer of the truck
- The manufacturer of the truck parts
- The person responsible for loading the truck’s cargo
- The entity responsible for maintaining the truck
A truck accident case can involve multiple defendants. It all depends on how the fault is laid out by the investigators. For example, the truck driver might not be liable in a crash if a part of the truck malfunctioned, and the driver would not have been able to anticipate it with routine inspections and maintenance.
Truck drivers are most often held liable in truck accidents when the following occurs:
- The truck driver was impaired at the time of the crash.
- The truck driver violated the federal hours of service rules.
- The truck driver was speeding, weaving in and out of traffic, failing to yield, or breaking any other traffic law that caused the crash.
- The truck driver failed to use headlights or turn signals, and an accident occurred.
- The truck driver lost control of the truck because of excessive speed.
Determining Liability in a Truck Accident
Investigators, including a the truck accident lawyer, will rely on the following to determine liability in a truck accident:
- Witness statements
- Security video footage
- Your statement
- Photos of the crash scene
- Accident reconstruction experts
- Review of damage to the vehicles
- The road conditions at the time of the crash
- Review of your injuries
When there are lingering questions about who can be held liable, you should always talk to a truck accident lawyer about your case. Having a lawyer by your side increases your chances of being successful in a claim.
What Are the Federal Trucking Regulations?
The federal trucking regulations are set by the FMCSA, and they include the house of service for truck drivers as well as alcohol and drug testing procedures. A truck accident lawyer in Austin from TK Injury Lawyers can explain the federal trucking regulations in further detail.
Federal Trucking Regulations Can Lead to Liability Issues
Truck drivers and trucking companies are required to follow federal regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation. The rules that must be followed include:
- Limiting the amount of time a truck driver can operate their truck
- Completing detailed background checks on applicants prior to hiring them
- Restricting the ability of the truck driver to operate their truck when tired or sick
- Set rules for retaining documents, using log books, and more
- Requiring regular maintenance and inspections of commercial trucks
What Qualifications Are Required for Truck Drivers in Texas?
Driving a commercial truck is a much different monster than driving a passenger car, SUV, or van. Because of these differences, commercial truck drivers must meet certain requirements in order to be hired to drive. These requirements include the following:
- The driver has to be at least 21
- The driver has to speak English sufficiently enough so that they can speak with the general public
- The driver is required to safely operate the equipment they are assigned
- Has been deemed to be physically qualified to operate a commercial vehicle
- The truck driver holds a valid and current commercial driver’s license in only one state
- The truck driver has successfully completed a road test
Detail-Oriented Representation In Complicated Eighteen-Wheeler Cases
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 a collision.
In these and all other tractor-trailer wreck cases, Jim and Trent will provide you with the dignity and compassion that you, the victim, deserve. We will fight tooth and nail against the trucking company and their insurance carrier to make sure that you receive the justice and compensation that you deserve, and we always provide you with honest, straightforward advice so that you can make the best decision possible about your case.
“I want to express my thanks to Attorney Mr. James Terry and staff for their representation, guidance and assistance settling my case. The insurance company was difficult, however, Mr. Terry was able to get full policy limits available.” — Diana (client from Austin)
See what else our clients have to say by visiting our Testimonials page.
Causes of Truck Accidents in Austin
In many instances, truck accidents result from truck driver errors. The truck driver, for example, 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. These regulations pertain to truck weight/load limits, truck safety lighting, and ways to properly secure cargo to a trailer.
Whenever a truck driver behaves unreasonably under the circumstances and causes an accident, then the accident victim may be able to file a claim or lawsuit against the negligent driver and/or that driver’s insurance company.
Why are Truck Crashes so Serious? The Weight and Size of Trucks
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. Not only are there areas around town where Trucks cannot pass, but there are also many places throughout Texas where the weight makes driving difficult.
What Injuries Can Receive Compensation Involving Truck Accidents in Austin?
Austin Truck Injuries
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. Austin truck accident victims can suffer for a long time after an injury. The most frequent truck accident are:
- Seat belt injuries
- Spinal cord injuries and paralysis
- Broken bones
- Back and neck injuries
- Head and brain injuries
Filing a Claim or Lawsuit Arising Out of A Truck Accident
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. After that two-year time period has expired, in almost all cases, the accident victim will no longer be able to file a claim or lawsuit for damages arising from the truck accident.
In addition to filing a claim or lawsuit against a negligent truck driver who causes an accident, the accident victim may be able to name other individuals or entities as parties to the claim. For example, if the truck driver was employed by a trucking company and was on the job at the time when the accident occurred, then the employer trucking company may share in the liability under an agency theory of recovery. In addition, the trucking company might be responsible for negligently hiring, supervising, or retaining the problem truck driver – especially if the driver who caused the accident had a history of prior moving violations or driving infractions.
In addition, if the accident victim can prove that the truck accident was caused by negligent repair work or a defective truck part that malfunctioned while the truck was operating on the road, then the accident victim may bring a truck repair facility and/or a responsible parts manufacturer into the claim or lawsuit. However, expert testimony is often necessary to prove negligence on the parts of these entities.
If you have been injured in a truck accident that occurred in or around Austin, Texas, a knowledgeable truck accident attorney 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.
Don’t be victimized twice – call 512-910-2000 or contact us online to schedule a free, no-obligation consultation with Jim or Trent.
Our Austin truck accident attorney representation is not limited to those who have been injured in a truck collision; we also represent those who have tragically lost family members due to the negligent conduct of truck drivers and trucking companies.