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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. We will take your case as far as necessary to obtain justice, and will never settle your case unless you choose to do so.
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.
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.
If you’ve experienced a truck accident within the last two years, know that there are signs to look out for and find out if you actually have a truck accident case and you’re eligible to file a claim. 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.
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:
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:
Investigators, including a the truck accident lawyer, will rely on the following to determine liability in a truck accident:
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.
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 them in further detail and identify if your accident was caused by a violation of federal trucking regulations.
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:
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:
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. Also, one study says that 65% of truck drivers admitted to being chronically over-fatigue while driving. 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.
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.
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.
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)
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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. Truck accident victims can suffer for a long time after an injury. The most frequent truck accident are:
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, according to the Texas Statute of Limitations. If the accident occurred outside of Texas, you may need to check the laws of the state the truck accident happened. 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 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.
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 legal 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.
Client Reviews
When my insurance company denied my claim I did not know where to turn. I called Jim Terry and explained my not so easy situation. I had no hope in having my vehicle repaired when I called Mr. Terry. He took on my case and was always in contact with me about where we stood in regards to a resolution. He was able to get me results so that I can now make repairs to my vehicle. The results were quick and painless. Thanks Jim!
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Insurance companies work very hard to pay you as little as possible. One of the ways you can prevent that is by being as informed as possible. Here are some of our recurring questions that clients give us that you may find helpeful.
Each truck accident is different, resulting in a wide range of injuries and losses. The value of your claim will depend on the severity of your injuries and how extensive your damages are. We can give you a better idea of what to expect after a case evaluation.
Read on: Get to Know The Average Settlement For Truck Accidents in Texas
There is no specific timeline for a truck accident claim, as some resolve much sooner than others. What we can promise is that while we will try to resolve your claim efficiently, we are also ready to do whatever it takes – for as long as it takes – to get the full compensation you deserve.
There could be additional liability if the crash happened due to road defects or a defective truck part.
The short answer is yes. Every injury claim can be complicated, and truck accident cases can be even more so. You need to deal with piles of technical evidence, trucking companies trying to avoid liability, unreliable insurers, and more. Always focus on your physical recovery and allow our attorneys to handle the difficult legal process for you.
Read on: When Should I Hire a Truck Accident Lawyer in Austin, TX?
You might have heard about a plane’s “black box” following a crash, and commercial trucks are outfitted with similar devices. These event data recorders can provide information on how fast the truck was going when the accident happened, whether the driver hit the brakes, and more. This can provide important evidence of liability in your case.
If your family suffered a tragic loss in a fatal crash, Texas law provides the right for close family members to file a wrongful death claim against the liable parties.
Read on: What Are My Rights if My Loved One Died in a Fatal Truck Accident in Texas?
Under Texas law, you can still recover at least partial compensation if you were less than 50 percent to blame for the incident. We can determine how blame should be apportioned to ensure you get whatever percentage of the compensation you are entitled to under the law – even if your conduct partially contributed to the crash.
In Texas, drivers are required by law to have liability insurance that covers potential injuries and damages they might cause to others in a truck accident. However, it’s an unfortunate reality that not everyone adheres to these regulations. If you’re involved in an accident and the at-fault driver is uninsured, it can be a stressful situation, but there are pathways to seek redress.
Read on: What Happens if The Person At-Fault in An Accident Has No Insurance in Texas?
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“I would definitely recommend Terry & Kelly’s firm for your litigation needs” “Want to send out a sincere “Thank You” for an outstanding job in handling my case. It took a little over a year to resolve but Jim T. was extremely thorough in putting all of the phases together to close it out. I found out quickly how punctual Jim is as well as his dedication t...
“Trent Kelly has been very supportive and very helpful throughout my case” Trent Kelly has been very supportive and very helpful throughout my case. He has been very realistic from day one. He never changed his position. He really cares for you and fights for your case to the best of his ability. Honestly, he got my case resolved for more than I expected. I once had a...
“I worked with Jim Terry and Trent Kelly” After I was hit by a car on my scooter, I worked with Jim Terry and Trent Kelly, with Trent handling the bulk of my case. I was pleased with their professionalism and that they were always good about staying in touch and keeping me up-to-date on my case. I trusted them completely, and they resolved my case faster than I expect...
“My wife and I were very pleased with the services provided by Jim Terry” My wife and I were very pleased with the services provided by Jim Terry of TK Injury Lawyers in assisting us with her motor vehicle injury accident. He was extremely professional and kept us up-to-date with the progress. Jim took the time to help us understand the circumstances and legal conside...
“When my insurance company denied my claim I did not know where to turn” When my insurance company denied my claim I did not know where to turn. I called Jim Terry and explained my not so easy situation. I had no hope in having my vehicle repaired when I called Mr. Terry. He took on my case and was always in contact with me about where we stood in regards to a resolut...
“The staff always kept me up to date and never left me in the dark” 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. The staff always kept me up to date and never left me in the dark. ...
“They contacted me frequently to give me updates” Mr. Kelly and Mr. Terry handled my personal injury case in Texas. They contacted me frequently to give me updates on my case and made sure I felt it was being handled to my expectations. I was so pleased with their professionalism. My settlement was extremely fair and timely. I would recommend them to my own family and...
“Mr. Terry is an exceptional attorney” Mr. Terry is an exceptional attorney. James (Jim) is easy to talk to, he explains the process very clearly, and he keeps you informed of events normally before they will occur. Most importantly, he settled the case to everyone’s satisfaction. I used him for a personal injury case and I would highly recommend him.
“Trent Kelly is by far the best attorney I have worked with” Trent Kelly is by far the best attorney I have worked with and I was actually married to one! He is professional and got the job done. He is one of the first attorneys I have worked with that did not make me feel like he just took my money and then did nothing. He was referred to me by my daughter who wanted...
“I have worked with Trent and his firm several times” I would highly recommend Trent Kelly and have to several friends. I have worked with Trent and his firm several times over the past four years and have always been impressed with the level of service and very confident in his abilities. After working with Trent, he set the bar in characteristics to search for in an...
We handle cases on a contingency-fee basis, meaning costs come out of your recovery, not your pocket.
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We’ve helped numerous Austinites win their Austin Personal Injury case and we would love to help you if you’ve experienced a serious accident. Austin Personal Injury Lawyers, Call us today, to speak with either Jim or Trent.We’ll review the details of your case, give you an honest assessment of it, and then, if appropriate, we’ll help you create a legal plan of action to pursue justice on your behalf.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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