18-Wheeler Accidents: Why You Need a Truck Accident Lawyer

November 23, 2024 | By Francis Injury: Car & Truck Accident Lawyers
18-Wheeler Accidents: Why You Need a Truck Accident Lawyer

18-Wheeler Accidents: Why You Need a Texas Truck Accident Lawyer

Traffic accidents often lead to injuries and damages, but the consequences can be devastating when an accident involves a truck. Whether you are a pedestrian, bicyclist, motorcyclist, or motorist, the size and weight of an 18-wheeler truck significantly increase the likelihood of catastrophic injuries.

After being involved in an 18-wheeler accident, hiring a truck accident lawyer can be the key to recovering compensation for your damages and holding the responsible parties accountable.

Why Are 18-Wheeler Accidents Often So Severe?

Accidents involving 18-wheelers, semis, or other commercial vehicles frequently result in significant damage and life-altering injuries. Trucks are much larger than passenger vehicles, weighing as much as 80,000 pounds, compared to an average car’s weight of 4,000 pounds. This stark weight disparity often leads to the smaller vehicle absorbing most of the impact in a collision.

Additionally, many truck crashes occur on highways, where vehicles travel at high speeds. This increases the force of impact, often resulting in devastating consequences. According to the Texas Department of Transportation, there were 38,909 crashes involving commercial vehicles in Texas in 2023. Of the thousands of accidents involving 18-wheelers and large commercial trucks in Texas, many resulted in fatalities or severe injuries.

Common Causes of Truck Accidents

  • Driver Error: Distracted driving, fatigue, impairment, or reckless driving are common issues among truck drivers. Federal regulations, such as hours-of-service rules, are designed to prevent fatigue but are not always followed.
  • Trucking Company Negligence: Some trucking companies fail to maintain their fleets, train their drivers, or follow proper loading procedures, increasing the likelihood of accidents.
  • Mechanical Failures: Faulty brakes, tire blowouts, or engine problems can lead to accidents. Regular inspections and maintenance are crucial but not always performed.
  • Improperly Loaded Cargo: Uneven or overloaded cargo can make trucks unstable, leading to rollover accidents.

These common truck accident factors often involve multiple parties, including the truck driver, trucking company, cargo loaders, and maintenance providers, making truck accident cases more complicated than typical car accidents.

Common Injuries in Truck Accidents

  • Traumatic Brain Injuries (TBIs): Head injuries can lead to long-term cognitive and physical impairments.
  • Spinal Cord Injuries: Damage to the spinal cord can result in partial or total paralysis.
  • Broken Bones: The force of a truck collision often causes fractures or crushed bones.
  • Internal Injuries: Damage to organs from the impact can be life-threatening.
  • Wrongful Death: Sadly, many truck accidents result in fatalities and the wrongful death of a loved one.

The financial and emotional toll of these injuries can be overwhelming. Victims may face extensive medical treatment, physical rehabilitation, and psychological trauma.

Damages You May Recover in a Truck Accident Claim

  • Medical Expenses: This includes hospital bills, surgeries, medications, and rehabilitation costs.
  • Lost Wages: Compensation for income lost due to the inability to work after the accident.
  • Pain and Suffering: Monetary damages for the physical pain and emotional distress caused by the accident.
  • Property Damage: Reimbursement for the repair or replacement of your vehicle and other personal belongings.
  • Loss of Enjoyment of Life: Damages for the loss of activities or hobbies you can no longer enjoy.

In fatal truck accidents, surviving family members may also pursue a wrongful death claim to recover compensation for funeral expenses, loss of financial support, and emotional suffering.

Why You Need an 18-Wheeler Accident Lawyer

Truck accident cases are complex, involving federal laws and state regulations, multiple liable parties, and powerful trucking companies with vast resources. Attempting to handle a truck accident claim alone can put you at a disadvantage.

Leveling the Playing Field

Trucking companies and insurers are often prepared to fight claims aggressively to minimize payouts. Adjusters may try to get you to make statements that could harm your case or downplay the severity of your injuries. Choosing the right truck accident lawyer can protect your rights, handle communications, and negotiate to secure fair compensation.

Contact a Texas Truck Accident Lawyer

Contacting an experienced truck accident attorney is a critical first step in protecting your rights and pursuing compensation under Texas personal injury law. Trucking companies and their insurers often act quickly to minimize their liability. Having a lawyer on your side ensures that someone is advocating for your best interests from the start.

Contact us today for a free consultation and let our team at The Francis Firm help you secure the compensation you deserve.

Frequently Asked Questions About Truck Accidents

1. What should I do immediately after a truck accident?

After a truck accident, prioritize medical attention for any injuries. Contact law enforcement to report the accident, document the scene with photos or videos, and gather contact information from witnesses and other parties involved.

2. How is fault determined in a truck accident?

Fault is determined by investigating evidence such as driver logs, vehicle maintenance records, accident reconstruction reports, and witness statements to establish negligence or violations of traffic laws.

3. What damages can I recover in a truck accident case?

You may recover medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages if the truck driver or company acted egregiously.

4. Who can be held liable in a truck accident?

Liable parties may include the truck driver, trucking company, cargo loaders, maintenance providers, or manufacturers of defective truck parts, depending on the cause of the accident.

5. What if the trucking company denies responsibility?

If the trucking company denies responsibility, your attorney can gather evidence and build a case to prove liability, potentially pursuing litigation if a fair settlement cannot be reached.

6. How long do I have to file a truck accident lawsuit in Texas?

In Texas, the statute of limitations for filing a truck accident lawsuit is generally two years from the date of the accident. Exceptions may apply in certain circumstances.

7. How do truck accident settlements work?

Truck accident settlements typically involve negotiations between your attorney and the insurance company or trucking company to agree on a compensation amount that covers your damages.

8. What are punitive damages in a truck accident case?

Punitive damages are awarded in cases of gross negligence or intentional misconduct to punish the wrongdoer and deter similar actions. They are separate from compensatory damages.

9. Can I still recover compensation if I was partially at fault?

Yes, under Texas’s comparative fault rule, you can recover compensation as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.

10. Why do I need a lawyer for a truck accident case?

Truck accident cases involve complex regulations, multiple liable parties, and aggressive insurance companies. A lawyer can help protect your rights, gather evidence, and negotiate a fair settlement.