Commercial Truck Accident Attorney
Helping Client Commercial Vehicle Victims Recover for Their Losses
TK Injury Lawyers is a premier injury law firm formed by top-rated commercial truck accident attorneys serving those who have been injured or lost a loved one in commercial vehicle accidents and throughout Texas. We are well-known by opposing counsel and insurance carriers and have earned a reputation as assertive advocates who will use our well-honed litigation skills to take personal injury matters as far as necessary to seek justice for our clients.
We have achieved significant success in injury cases involving a wide range of commercial vehicles such as:
- Delivery trucks (including UPS truck accidents and FedEx truck accidents and Amazon truck accidents)
- Tow trucks
- Taxis and cabs
- Garbage/sanitation trucks
- Buses (including Cap Metro)
- Moving trucks and vans
- Courier vehicles
- Company-owned vehicles driven by sales representatives
“Trent Kelly is by far the best attorney I have worked with…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 is really the attorney we are all looking for!” — Brenda (client from Wimberly)
See what else our clients have to say about our representation — view our Testimonials page.
What Are Commercial Vehicle Accidents?
Commercial vehicles are any motor vehicle that transports goods or people from one location to another. Commercial vehicles are synonymous with big rigs, but dump trucks, delivery vans, taxis, rideshares, and box trucks also fall into this category. There are millions of commercial vehicles on the road currently. These Vehicles adhere to the same regulations as passenger vehicles do, as well as others specific to trucks. When a passenger vehicle, pedestrian, or motorcycle crashes with a commercial vehicle, it is considered a commercial vehicle accident.
Why should I hire a Commercial Truck Accident Attorney?
Truck accident cases are complex and require legal knowledge to get an adequate settlement. Insurance companies have lawyers who work diligently to deny or lower claims. They will change their tactics when the injury victims have a commercial truck accident attorney representing them. Commercial trucks also have state and federal regulations that govern their operation, making lawsuits very complex.
Aside from the insurance company tactics, the legal process is arduous and requires a lot of time and energy. Hiring a commercial truck accident lawyer alleviates the stress so you can focus on healing. You are already exerting your energy toward your medical recovery and should stay focused on that.
How can I find a Commercial Truck Accident Attorney Near Me?
You can find the best commercial truck accident attorney by looking online, asking friends, through newspapers, on social media, and more. Many truck accident attorneys are out there, but you should find the one that works best for you. You can schedule consultations with various law firms before signing with them.
Unique Dangers of Commercial Trucks
Commercial trucks have unique features which can lead to danger for everyone around them. Size is a significant danger because a passenger vehicle is two tons compared to the 40 tons of a commercial truck. Size also means that trucks need additional time to brake or slow down as opposed to a car. Maintaining a proper distance is essential to braking and preventing accidents. Trained and knowledgeable drivers are vital to the prevention of truck accidents. Truckers must undergo special tests to obtain their commercial driving licenses. However, they must also get training from the company they work for on other procedures.
Common Causes of Commercial Vehicle Accidents
Commercial truck accidents happen for several reasons, but the underlying cause is always driver negligence. Truck drivers must follow federal safety standards when operating a commercial vehicle, but trucking companies often promote reckless driving to cut corners and meet demands. Truck companies care about profits, not safety, resulting in traumatic injuries and consequences for innocent victims. Driver negligence takes many forms, including:
- Fatigue: truckers are on the road for long periods and often skip rest breaks to make faster deliveries. Drowsiness or fatigue impairs reaction times, increasing the potential for a collision. Inadequate sleep leads to deadly errors, and studies found fatigue leading to driver error in three out of every four crashes.
- Distracted driving: the number one cause of all vehicle accidents is distractions like eating, using cell phones, or looking for directions. Truckers have large vehicles to maneuver, making distractions extremely dangerous.
- Maintenance failure: all vehicles must be road-safe, requiring regular maintenance. Faulty brakes, tires, or parts are perilous and can cause the driver to lose control. Truckers should check their vehicles before each shift, and truck companies should make an effort to inspect trucks periodically and keep up with maintenance needs.
- Intoxication: street drugs, alcohol, and over-the-counter medications impair a person’s judgment of the body and mind. They have adverse effects that can lead to drowsiness or blurry vision while driving and are a significant cause of commercial truck collisions.
- Overloaded trucks: trucks weigh tons and have weight limits for the cargo they carry. The additional weight makes it challenging to maneuver the truck and can cause the load to shift and tip the truck. In an effort to transport more goods or meet deadlines, cargo loaders and trucking companies will overload trucks.
- Speeding: ignoring speed limits or driving too fast in dangerous conditions. The weather can make roads slippery, and speeding leads to loss of control and other consequences.
- Following too closely: when trucks follow the lead vehicle too closely, it shortens the time to react to an emergency. Trucks need more time and space when braking, and that is shorter or eliminated when they follow too closely or tailgate a vehicle.
- Unfamiliar roadways: truckers drive in many different areas, and sometimes they know where they are, but other times they are entirely lost. Driving in unfamiliar territory can lead to them checking the GPS frequently, which causes them to take their eyes off the road.
How Is Negligence Established in a Commercial Truck Accident?
Negligence is a critical factor in truck accident claims, and your commercial truck accident lawyer will spend ample time finding evidence and looking at laws to prove truck driver negligence. Commercial truck drivers must comply with federal regulations established by the FMCSA. Regulations address the time the driver is on the road, sleep, and rest breaks. They are negligent and liable when they violate any aspect of the laws.
The critical aspects of these regulations are that drivers can be on the road for a maximum of 11 hours after ten days off duty in 24 hours. Drivers cannot drive more than 14 consecutive hours after their ten days off. Within seven straight days, they can drive a maximum of 60 hours. Violating these regulations not only helps prove negligence but also impacts the driver’s ability to operate a commercial truck in the future. They can face license points and other consequences.
Common Injuries Caused by Commercial Truck Accidents
Car accidents have a range of injuries, but commercial truck accidents can exacerbate these and other damages. You are more likely to suffer debilitating or permanent damage in a commercial truck accident. You need legal assistance from TK injury Law to seek compensation for your truck accident injuries. Examples of common injuries you can suffer in commercial truck accidents include:
- Broken bones
- Traumatic brain injury
- Spinal cord injuries
- Loss of use of organs
Determinating Compensation Following a Commercial Truck Accident
Truck accidents include many expenses and costs like medical bills, vehicle repairs, etc. When you file a truck accident claim or lawsuit, you aim to recover payment for these losses. There are exorbitant costs after truck accidents and hidden damages to account for. We will review your injuries, medical records, and more to request the compensation you need from the insurance company. You can recover compensation for losses like:
- Emergency room and hospital bills
- Pain and suffering
- Mental anguish
- Medical bills
- Lost wages
- Loss of earning potential
- Property damage
- Disability and disfigurement costs
Compensation will depend on your losses and how they impact your life. Permanent injuries and death require higher demands, and TK Injury Lawyers has a team to calculate your costs.
How do I know I have a Commercial Truck Accident Case?
When you are in a collision with a commercial truck and suffer injuries, you likely have a truck accident claim. However, there are many nuances to determine whether you have a viable case and how to proceed with a lawsuit. Accident victims look at the scene and assume they can sue the truck driver and get compensation quickly. While it should be that simple when someone is negligent, other factors should be considered.
To solidify whether you have a commercial truck accident case, you must call TK Injury Lawyers to discuss your accident during an initial consultation. We will review the circumstances of your claim and find the best path forward.
Filing a Commercial Truck Accident Lawsuit
If you were in a commercial vehicle accident in Austin and suffered injuries, you can file an injury claim. Also, surviving family and dependents who lose someone in a commercial truck accident can file lawsuits. Every case is unique, and it is essential to review your options with our Austin commercial truck accident lawyer.
To file a commercial truck accident lawsuit, you must first contact an Austin truck accident lawyer by calling TK Injury Lawyers. The legal process involves determining your eligibility for a claim during an initial, free consultation and gathering the necessary evidence to build a viable claim. Commercial truck accident lawyers in Austin will then file a lawsuit or claim against the negligent company and pursue a settlement for your losses.
How Can a Commercial Truck Accident Attorney Help?
Commercial truck accident lawyers in Austin provide many services for claimants. The primary benefit a truck accident lawyer has is they handle all communication and deal with the insurance company. Insurance companies are prone to taking advantage of victims without a lawyer, but TK Injury Lawyers is here to protect your best interest. Commercial truck accident attorneys file claims, handle negotiations and paperwork and fight for injury victims.
FAQs About Commercial Truck Accidents
What to do After a Commercial Truck Accident?
After a commercial truck accident, seek medical attention and follow doctor recommendations to treat your injuries. The extent of your injuries is not always apparent on the same day—document as much as possible at the scene and afterward. Document your treatment and write down everything you remember about the accident while it is still fresh in your mind. Call your insurance company, report the accident with basic details, and refrain from giving additional information or accepting a settlement. Contact TK Injury Lawyers immediately for legal options.
Who is Responsible for My Commercial Trucking Accident?
Truckers are responsible for their actions in an accident, but the company is liable for those actions. The truck company and trucker are responsible for the truck accident. The truck driver is a representation of the trucking company, which means the company is accountable for their employee’s actions.
Do You Have to Go to Court for a Commercial Truck Accident?
Settling outside the courtroom is beneficial to everyone involved. Trial and court procedures are costly and unpredictable. Most personal injury lawsuits are settled before litigation. The truck company does not want the publicity of trial and benefits by settling outside court. You benefit because a civil court can take months or years, and the jury can award you less than your case is worth.
How Long Does a Commercial Truck Accident Claim Take to Settle?
There is no set timeline for a commercial truck accident because these cases are based on individual circumstances. Liability, negligence, damages, and permeance of injuries are significant factors in how long these cases extend. The willingness of both parties to resolve the matter also impacts how long it will take to settle. Your commercial truck injury lawyer will keep you in the loop during the process.
Is the Truck Driver or Trucking Company Responsible for a Truck Accident?
There is a possibility that several parties are responsible for a truck accident, including the driver and trucking company. While the truck driver was responsible for causing the accident, the employer is responsible through vicarious liability. Depending on the complexity of the accident, other defendants can also be named in a claim.
What’s the Average Settlement for a Commercial Truck Accident?
There are no average settlements for commercial truck accidents because the circumstances vary from case to case. Different factors impact the overall outcome. Some factors to consider when calculating compensation are the value of damages, severity and extent of injuries, loss of bodily function, state negligence laws, and the cause of the accident. Insurance policies and the number of defendants are also factors to consider.
Hurt In A Commercial Truck Accident? Contact Us!
If you or a person you care about has suffered a serious injury in a commercial vehicle accident, the skilled legal team at TK Injury Lawyers may be able to help. We could assist you with filing your claim or lawsuit against the responsible parties and pursuing the monetary compensation and damages that you deserve for your injuries, inconvenience, pain, suffering, and other damages.
Jim Terry and Trent Kelly take a collaborative approach to cases that allows our clients to benefit from their varied backgrounds. This includes decades of experience, the time spent as an insurance defense attorney representing commercial carriers, and the successful resolution of a diverse set of personal injury claims on behalf of our clients. This provides our clients with the peace of mind that can only come from knowing that a trusted legal team is working for them at all times.
Please speak with us today to find out more about how we could help you pursue a claim or lawsuit against the at-fault driver of a commercial truck (and/or the owner of that vehicle), seeking the monetary compensation and damages that you need.
For a free legal consultation and case evaluation with a commercial truck accident attorney, please call today at (512) 910-2000 or contact us online for more information.