Austin truck accident attorneys

What Are the Most Common Types of Truck Accidents in Austin?

In the trucking industry, time equals money.

The more work completed or the more goods delivered in the shortest time, the bigger the profits. Companies often expect their drivers to adhere to tight schedules. This may mean that they need to drive faster and for longer hours than the law allows or than is safe, increasing the potential for an accident to occur. This practice not only risks public safety but also leads to significant legal repercussions for the companies involved.

Some of the most common types of truck accidents include:

• Jackknife Accidents: A jackknife accident occurs when a truck's trailer swings out to the side, forming an L or V shape with the cab. This often happens when the trailer loses traction, and the driver loses control, leading to the trailer folding against the cab. Such incidents can lead to multi-vehicle collisions and are often linked to abrupt braking or slippery road conditions.
• Head-on Collisions: This occurs when the front of a truck collides with the front of another vehicle coming from the opposite direction. Factors may include driver fatigue, distraction, or misjudgment during overtaking. These crashes are particularly dangerous given the forces involved, often resulting in deadly consequences.
• Rear-end Crashes: A truck collides with the vehicle in front of it. Tailgating, distracted driving, or sudden stops by the lead vehicle are common causes. Such incidents can cause severe impact damage, especially to smaller vehicles.
• Underride Accidents: When a smaller vehicle gets trapped underneath the rear or side of a truck's trailer. Poor visibility, sudden stops, or inadequate underride guards on the truck. These accidents often come with high fatality rates; thus, enhanced guard requirements are advocated by safety authorities.
• Side Collisions/T-Bone Accidents: A truck collides with the side of another vehicle, forming a T shape. Failure to yield, running red lights, or crossing intersections without caution. These crashes can be devastating, particularly to the impacted vehicle's occupants.
• Sideswipe Accidents: The side of a truck makes contact with the side of another vehicle traveling parallel. Lane drifting, failures to check blind spots, or sudden lane changes. Often resulting in vehicles veering off-road or into other lanes, possibly causing further accidents.
• Truck Rollovers: The truck tips over onto its side or roof. Excessive speed, sharp turns, unsecured cargo, or adverse weather conditions can contribute to rollovers. These accidents often lead to extensive road closures and hazardous spillages.
• Hazmat Spills and Fires: Accidents involving trucks carrying hazardous materials may result in spills or fires. Collisions, equipment failure, or improper handling of hazardous materials. Due to their nature, these accidents require specialized cleanup and pose significant health risks to the surrounding areas.

What Causes Truck Accidents?

When accidents occur, more often than not it is because of either some error on the part of the truck driver or negligence on the part of the trucking company, maintenance and repair contractor, or inspector. A closer examination can reveal systematic issues within the trucking companies, like inadequate hiring standards or leniency towards safety violations.

Less often, a defect in the truck or one of its components, attributable to a manufacturer, may be the cause; and, in some instances, a road hazard caused by another party—for example, the government agency or their contractor responsible for the maintenance of the road—may be to blame. Addressing these environmental or structural contributors can sometimes prevent further incidents from occurring in the same location.

Large trucks, because of their size, are more prone to serious accidents than passenger cars or other smaller vehicles. Some of the reasons are that they are difficult to maneuver, they require a large area to turn, they have larger blind spots, and they take a longer time to stop once the brakes are applied. These factors necessitate stricter driving protocols and additional training modules for drivers.

Common causes of truck accidents that can be attributed to negligence include:

• Improper training of drivers, often leading to poor road judgment or carelessness
• Failing to properly balance the load, affecting vehicle control and stability
• Carrying a load that exceeds weight limits for the truck, increasing tire blowout risks
• Neglecting to secure the truck’s cargo properly, posing spill risks during sharp maneuvers
• Failing to properly attach the trailer to the tractor, a leading cause of detachment accidents
• Speeding or driving too fast for conditions, often in attempts to meet tight schedules
• Use of alcohol or drugs (illegal, prescription, or over-the-counter), compromising reaction times and judgment
• Driving too many hours without rest (in violation of federal law), exacerbating fatigue
• Distracted driving, including texting and other cell phone use, noted for seriously diverting attention
• Missing required maintenance and inspections, often escalating minor mechanical issues
• Backing up, passing, or changing lanes without checking blind spots, a factor in many merging accidents
• Ignoring traffic regulations, signage, and signals, which can lead to major intersection incidents

What Severe Injuries Can an Austin Truck Accident Cause?

Due to the nature of these accidents, the injuries suffered in truck crashes tend to be severe or even fatal. Emergency response protocols emphasize the importance of swift medical care to manage these often traumatic injuries. The force and speed involved in these collisions significantly elevate the risk of serious harm.

Truck accident victims often suffer from:

• Paralyzing spinal cord damage, potentially altering lifetime mobility
• Traumatic brain injuries, which might impact cognitive functions
• Severe burns, possibly requiring extensive reconstructive procedures
• Broken bones and fractures, necessitating surgical interventions
• Amputation injuries, frequently involving long rehabilitation periods
• Disfiguring facial injuries, which may require cosmetic and functional corrective surgery
• Blindness or deafness, significantly altering personal and professional lives
• Injuries to internal organs with internal bleeding, demanding immediate medical intervention
• Nerve damage, which could lead to permanent loss of sensation or motion
• Herniated discs and other neck and back injuries, often leading to chronic pain
• PTSD and other psychological trauma, affecting mental health and well-being long-term

Who Can Be Held Liable for Truck Accidents in Austin?

An important element of your truck accident issue is identifying who is at fault for your injuries and subsequent damages. Determining liability often involves complex legal and factual considerations requiring expert testimony. Multiple layers of oversight can complicate fault determinations, but our Austin truck accident lawyers know how to approach these cases with the attention to detail that they require.

Liability for a commercial truck accident could fall on:

• Truck Driver: The driver of the truck can be held liable if their negligence or actions contributed to the accident. This includes violations of traffic laws, driving under the influence, distracted driving, or driver fatigue. Understanding the driver's history can be crucial in such determinations.
• Driver’s Employer: If the truck driver is an employee, the employer may be held liable for the actions of their employee under the legal doctrine of "respondeat superior," which holds employers responsible for the actions of their employees during the course of employment. It's essential to investigate company policies in contributing to the risk factors.
• Trucking Company: The trucking company may be held directly liable if their policies, practices, or negligence contributed to the accident. This could include issues related to hiring, training, maintenance, or scheduling that played a role in the crash. These corporate procedures often determine operational safety levels.
• Manufacturer of the Truck: If the accident is caused by a defect in the truck or one of its components, the manufacturer may be held liable for producing a defective product. This falls under product liability laws. Regular recalls and compliance with safety standards can prevent such liabilities.
• Third-Party Contractors: If the trucking company hired third-party contractors for services such as maintenance, and their negligence or faulty work contributed to the accident, those contractors might be held liable. It is essential to verify service agreements and contractor work histories.
• Parties Involved with Truck Maintenance: This includes individuals or companies responsible for maintaining the truck. If poor maintenance, inadequate repairs, or failure to address known issues led to the accident, these parties could be held responsible. Maintenance logs and repair histories form a vital trail of evidence here.
• Cargo Loaders and Shippers: The entities responsible for loading and securing the cargo on the truck may be liable if improper loading or securing contributed to the accident. This is particularly important in cases where shifting cargo causes the truck to become unstable. Protocols for loading must adhere to strict guidelines to prevent imbalances.
• Other Potentially Liable Parties: Depending on the specifics of the matter, other entities such as leasing companies, those responsible for road maintenance, or government agencies overseeing transportation regulations may also be held liable in certain situations. Often, contractual complexities can unfold during liability assignations.

There are often many different business relationships within a trucking company. The driver may work directly for the company that they are providing the delivery for. In other cases, the driver may be an independent contractor who hauls the goods for the company that directly owns the cargo. Understanding these business frameworks is essential for stacking liability and accountability.

Texas truck accident law specifically notes that trucking companies may be responsible for any harm or injuries caused by the drivers they employ. This liability is legally known as “respondeat superior,” allowing victims to aim for comprehensive rectification when negligence is proven.

Several legal elements must be properly established for this doctrine to apply and only an attorney can tell you whether the trucking company, or any other entity, could be a potential defendant in your matter. Evaluating every stakeholder's contribution to an incident ensures fair and full liability distribution.

When you work with our Austin 18-wheeler accident attorneys, we can help you determine liability for any negligent actions that led to the crash and pursue all available avenues for compensation. We employ a methodical approach, aiming to uncover every item that can strengthen your stand.

What Compensation Is Available After a Truck Accident?

If you are able to prove negligence on the part of the truck driver, trucking company, and/or another third party, you may be entitled to compensation for your economic and non-economic losses. A detailed assessment of your situation can help maximize the recovery options available.

• Economic damages are those that you can prove with bills and receipts: medical expenses, lost wages, household help for tasks you are no longer able to perform, the cost of prescription medication and assistive medical devices, and any other expenses that you would not have had were it not for the accident. Documenting these expenses meticulously ensures the ability to reclaim them efficiently.
• Non-economic damages are harder to quantify because they are losses on which it is impossible to place a dollar value: pain, suffering, disfigurement, disability, loss of enjoyment of your life, loss of consortium, and even inconvenience. These vary from person to person and, in part, reflect what you most enjoyed about life before the accident that you can no longer do. Attempting to measure these impacts involves a nuanced understanding of individual lives pre- and post-incident.

In addition, in a very limited number of situations where the defendant has displayed a willful and blatant disregard for the life or well-being of an accident victim, a jury may award exemplary damages (called punitive damages in other jurisdictions), designed not to compensate the victim but to punish the defendant. The awarding of such damages depends on specific legal grounds that highlight egregious behavior.

For example, exemplary damages might be assessed in a drunk driving accident where the defendant’s blood alcohol content was exceptionally high when the accident occurred. Such circumstances underline the need for stringent controls to protect other road users.

Compensation for Families in Fatal Truck Accident Situations

In the situation of a wrongful death of a close family member, certain close relatives—usually a spouse, parent, or child—may recover money for loss of the care, support, and guidance the deceased would have provided; mental anguish and emotional suffering; loss of love and companionship, and loss of inheritance that the person would have received had the deceased lived out his or her full life expectancy. Addressing these losses requires a sensitive approach, ensuring the deceased's contribution to family life is equally recognized and compensated.

Understanding Truckers' Insurance Requirements in Texas

Commercial trucks are required by law to carry substantial liability insurance policies. Your attorney will determine the available coverage for the vehicle that hit you and for any third parties who might share in the liability for your accident. The various state and federal regulations can complicate coverage assessments.

If you have sustained a serious injury or a member of your family has been killed by a commercial truck, there is usually plenty of insurance coverage to pay you the compensation you deserve. Understanding insurance intricacies ensures all liable parties fulfill their financial responsibilities.

However, that doesn’t mean it will be easy to settle your claim fairly. Insurance carriers often employ various tactics to minimize payouts, making the involvement of a local 18-wheeler accident lawyer in Austin essential.

The insurance companies for all parties will vigorously oppose your claim, and in many situations, defendants will attempt to place the fault for the accident on the victim(s). When third parties are involved, there may be litigation among the parties, each trying to deny responsibility and lay the blame on the others. Navigating this complex terrain requires astute negotiation and litigation strategies.

At Briggle & Polan, PLLC, we are committed to obtaining a recovery that fully reflects the value of your damages. When you hire us, we will handle all negotiations with the insurers, working tirelessly to protect your rights and ensure that every party who shared the responsibility for your damages pays. Our comprehensive assistance ensures your position is robust and tenable throughout.

Our Austin truck accident lawyers at Briggle & Polan, PLLC have an impressive record of success in holding negligent truckers, trucking companies, and third parties accountable and bringing in settlements and verdicts that make a significant difference in the lives of our injured and bereaved clients. Through exhaustive investigative methods and strategic planning, we ensure our client's narratives effectively resonate.

Get an Austin Truck Accident Attorney on Your Side Early

Trucking companies often have mitigation teams on call to rush to the scene of an accident and look for ways in which to deny responsibility and avoid paying large claims. You need your own advocate to counter these efforts and fight on your behalf against these wealthy corporations and their insurers. Having legal representation early helps secure evidence and testimony before memories may fade.

The earlier you bring a truck accident attorney from Briggle & Polan, PLLC on board, the sooner we will be able to launch our own investigation into the crash and protect your right to a recovery. We know the law, and we understand how both state and federal regulations affect each accident case. Our intervention often involves liaising with safety experts to bolster your claims.

How Briggle & Polan, PLLC Can Help After a Truck Accident

It is important to begin investigating immediately after a truck crash if possible. Early investigation prevents evidence tampering and ensures a transparent portrayal of the events leading to the collision.

When you hire our Austin 18-wheeler accident lawyers, we will:

• Employ cutting-edge technologies and proven strategies to analyze accident dynamics.
• Examine the truck’s black box, often providing a crucial narrative of the last moments before a crash
• Check the driver’s record for prior accidents and substance abuse, which might suggest patterns of negligence
• Investigate the trucking company’s training and loading procedures, examining whether protocols meet safety guidelines
• Examine maintenance procedures and inspection reports, to ascertain regular compliance with mechanical standards
• Call upon accident reconstruction experts to study the accident scene and analyze road conditions, skid marks, and other evidence, corroborating witness testimonies and digital reconstructions

We will also interview witnesses and look for possible third parties who may have contributed to the accident. Over time, evidence may disappear and witnesses may move away or forget relevant details. It is essential to begin assembling the facts and building a strong position while the evidence is still fresh. This timely collection and evaluation can significantly fortify your claims.

Local Trucking Regulations in Austin

In Austin, truck drivers and trucking companies must adhere to specific local and state regulations beyond federal guidelines. These regulations often involve restrictions on load sizes, permissible routes within city limits, and specific times during which heavy trucks are allowed to operate on certain roads. Complying with these regulations helps reduce traffic congestion and enhances safety for all road users. Being aware of and understanding these local limitations is crucial for trucking entities operating in the Austin area.

Additionally, failures to comply with city-specific trucking laws may impact liability and fault determinations in accidents. Local regulations are enforced by both city traffic management and state authorities, who monitor and fine violations accordingly. This layered oversight aims to reduce accident risks in urban areas where traffic density is significantly higher. For anyone involved in a trucking accident, having a knowledgeable Austin trucking attorney who understands these local nuances can be a key asset in formulating a comprehensive legal strategy.