Due to the key role big rigs play in Texas’s shipping industry, truck accidents are an unfortunate reality of driving on highways and other major roads throughout the state. These accidents can leave victims with catastrophic or fatal injuries, impacting their lives and the lives of their families for years or decades to come.
If you sustained a truck accident injury in Texas, contact The Patel Firm to speak with one of our compassionate and experienced Austin truck accident lawyers. We’ll explain your rights and walk you through the process of seeking compensation for your medical expenses, lost wages, property damage, and more. Your case evaluation is free and without obligation, and you pay nothing unless we win your case.
Why You Should Hire an Austin Attorney for Your Truck Accident Claim
At The Patel Firm, our lawyers can assist with your truck accident claim in a wide variety of ways.
A truck accident attorney in Austin can explain the value of your case so the insurance companies don’t take advantage of you. They can investigate the accident to identify the at-fault parties and gather supporting evidence. In addition, they can represent you in settlement negotiations or at trial, helping to maximize your compensation.
The trucking company and other at-fault parties in your case will have lawyers representing their best interests, so it’s always recommended that you have a lawyer to represent yours.
Contact us today to speak with a qualified truck accident lawyer in Austin. Your case review is free and fully confidential.
How We Investigate Austin Truck Accident Cases
Our Austin truck accident lawyers thoroughly investigate every case we take on. This involves speaking with you about the accident, visiting the scene to take photographs, tracking down eyewitnesses, reviewing your medical records, requesting documents from the trucking company, and obtaining testimony from expert witnesses, including medical professionals and crash reconstruction specialists.
The more evidence we can collect to support your case, the stronger your case will be — and stronger cases tend to result in more significant compensation.
What Compensation Could I Recover in an Austin Truck Accident Claim?
The compensation you could recover in an Austin truck accident claim may cover several types of losses, which are the negative consequences you experience due to the accident. Some of the most common losses victims seek compensation for include the following:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Physical pain and emotional suffering
- Permanent disability accommodations
- Loss of consortium, which is the impact of your injuries on your marriage
- Property damage, such as auto repair/replacement
- Wrongful death compensation for family members in the event of a fatal truck accident
Why Are Trucking Accidents More Complicated Than Other Motor Vehicle Crashes?
Trucking accidents are more complicated than other motor vehicle crashes due to several factors. The severity of injuries caused, the amount of compensation sought, the presence of multiple plaintiffs and defendants, and the role that federal trucking regulations play all factor into the compensation you could obtain.
In particular, three of the big sets of federal trucking regulations that could apply to your case are the hours-of-service regulations, cargo securement regulations, and commercial vehicle insurance requirements.
Hours-of-Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) places driving limits on truckers to prevent them from becoming fatigued and causing collisions as a result. For example, truck drivers may only drive a maximum of 11 hours after 10 consecutive hours off duty and must take a 30-minute break for every eight cumulative hours behind the wheel.
Cargo Securement Regulations
Depending on the type of cargo a truck is carrying, the FMCSA has specific regulations for securing that cargo. These regulations include the type of securement, including straps, chains, or netting, and the required number of tiedowns.
Failing to secure cargo properly could cause it to fall from the back of a flatbed truck or shift during transit, affecting the truck’s weight balance. Either of these cases can increase the likelihood of a collision.
Commercial Vehicle Insurance Requirements
Commercial trucks require significantly more insurance coverage than a private vehicle. Depending on the truck’s weight and the type of cargo it carries, it may need anywhere from $300,000 to $5,000,000 in liability coverage.
Due to these large coverage amounts, trucking insurance companies often fight aggressively to prevent victims from securing full recovery. This is why it’s essential to have an experienced lawyer on your side to fight for your rights.
Who Could Be Held Liable for a Truck Accident in Austin?
Part of what makes truck accident cases complex is that several parties could be liable for your injuries. Some of the parties most often found liable in Austin truck accident cases include the following:
- Truck drivers whose negligence directly contributed to the accident
- Trucking companies that encouraged drivers to engage in dangerous behaviors, like speeding
- Cargo loaders that failed to follow the FMCSA’s securement regulations or overloaded the truck
- Manufacturers that used defective parts or designed the truck in an inherently dangerous manner
- Maintenance providers that failed to provide adequate maintenance for failing components
- Government entities responsible for maintaining public roads that were in poor condition
- Other motorists whose actions contributed to the accident, such as cutting off the truck
Could I Recover Compensation if I’m Partly to Blame for a Truck Accident?
Texas follows a modified comparative negligence system, also known as proportionate responsibility, which allows victims to recover compensation for truck accidents even when they are partly at fault.
Under the state’s proportionate responsibility statute, a victim can recover compensation as long as they are 50 percent or less at fault for the accident that harmed them. Additionally, their awarded compensation will be reduced by their percentage of fault.
What this means for you is that if a jury awards you $100,000 but finds you to be 20 percent at fault for the accident, you could still recover $80,000, which is 20 percent less than the originally awarded compensation.
Proportionate responsibility applies specifically to compensation awarded through a trial. However, insurance companies often use it to inform how much they’ll offer during settlement negotiations. Having a truck accident attorney in Austin on your side can help ensure a fair and accurate fault assessment.
How Long Do I Have to File a Truck Accident Lawsuit in Texas?
Under Texas’s statute of limitations, semi-truck accident victims have two years to file lawsuits against the parties responsible for their injuries. You must file your truck accident lawsuit within this period to be eligible to recover compensation.
While two years may sound like plenty of time, due to the complex nature of truck accident cases, it’s always in your best interest to get started as soon as possible. This will give your attorney time to gather strong supporting evidence and build a robust case before the deadline arrives.
What Are Common Types and Causes of Truck Accidents in Austin?
While truck accidents can occur anywhere, some of the major roads around Austin with high accident rates are I-35, US-183, US-290, the MoPac Expressway, and Ben White Boulevard. Types of truck accidents seen on these roads include the following:
- Head-On Collisions – These collisions occur when a truck crosses the dividing line between lanes, often due to driver fatigue, distraction, or intoxication.
- Rear-End Collisions – These accidents primarily occur in heavy traffic or at intersections. Distracted drivers may not see stopped or slowed vehicles ahead, and mechanical failures can prevent the truck from stopping in time.
- Underride Accidents – This occurs when a car collides with a truck from the side, resulting in it going partially or completely under the trailer. They often happen if a trucker fails to yield the right of way and makes a left turn in front of oncoming traffic.
- Jackknife Accidents – Jackknifing is the term for when a truck’s trailer swings out alongside its cab. It’s most often caused by the driver slamming on the brakes while speeding or in slippery conditions.
- Rollover Accidents – A rollover is when a truck ends up on its side after a collision. It can happen when trucks take turns too quickly or when shifting cargo causes a weight imbalance.
What Are Typical Injuries Resulting from a Truck Collision?
One of the defining features of large truck collisions is the severity of the injuries sustained by victims. Even a relatively minor truck accident can leave victims with catastrophic injuries, such as the following
- Spinal cord injuries that result in chronic pain, reduced mobility, or paralysis
- Traumatic brain injuries that leave victims with cognitive or physical disabilities
- Crushing injuries that may cause victims to lose limbs
- Broken bones that require surgery to reconstruct and may never heal properly
- Internal organ damage caused by the extreme forces involved in truck collisions
- Burns and lacerations resulting from vehicle fires, broken glass, and other sharp debris
- Psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression
Contact a Truck Accident Lawyer in Austin Today
After sustaining serious injuries in an 18-wheeler accident, you need a law firm that will do whatever it takes to help you seek compensation. At The Patel Firm, our highly qualified Austin truck accident attorneys are available 24/7 and respond to calls, messages, and emails promptly.
Our truck accident law firm has a solid track record of success for accident victims throughout Texas, and we emphasize providing strong yet personalized representation and fostering close client relationships. When you work with our team, you’ll never be treated like just a case number.
Contact us today for a free, no-obligation consultation with a truck accident lawyer in Austin and to learn more about your rights. Your initial case review is free and fully confidential, and we never collect a fee unless we recover compensation for you.