Whether you’re an Austin native or just visiting our beautiful city, there’s always something fun happening here. Along with all that fun, however, comes plenty of traffic, and traffic invariably leads to accidents, including 18-wheeler accidents. If you’ve been injured in a semi-truck accident, it can be terrifying. You don’t have to face the consequences alone, however. An experienced Austin 18-wheeler accident lawyer from George Salinas Injury Lawyers can help protect your rights and recover just compensation while you continue on your path toward recovery.
Why Choose George Salinas Injury Lawyers To Represent Your Truck Accident Case?
When you are involved in a truck accident, you’re much more likely to sustain serious injuries than in other types of car accidents due to the large size of the truck. You may also be fighting against a large trucking company with ample resources they can use to try to deny you the compensation that you need and deserve.
You need a serious legal advocate with unparalleled skills and knowledge on your side. George Salinas Injury Lawyers is the firm you can turn to for help with these complex cases. Our Texas-based firm operates multiple offices throughout the state and our legal team has 110 years of collective experience. We know Texas law and we have the proven track record to show that we win big for our clients.
In fact, our firm has recovered millions in compensation through out-of-court settlements and jury verdicts and we’ve gone up against some of the biggest insurance companies and trucking conglomerates in the industry. We know the laws inside-and-out and our history of successful claims proves it.
Our legal team isn’t just made up of tough advocates, though. We also understand that truck accidents can forever change your life, so we treat you with the compassion you deserve. You aren’t just a number or another case — we are serious about fighting to help you get the money you need to rebuild and have a brighter future when a truck driver has harmed you.
Our 4.9 out of 5 Google rating shows that past clients have benefitted from the services we’ve offered, and found our caring and knowledgeable advocacy has made a difference in their lives. We want to bring our skills to your case to help you fight to be “made whole” when someone has hurt you.
How Do I Know I Have a Truck Accident Case?
Under Texas law, you can bring a personal injury claim against someone as long as that individual or entity is at least 51% responsible for harming you, according to Texas Code Section 33.001. This means if a truck driver was at least 51% responsible for causing an accident that hurt you, you should be able to make a truck accident claim.
Truck drivers are responsible for both intentional wrongdoing and negligence that results in a motor vehicle accident. You will have the burden of showing that a driver failed to fulfill their duty to exercise reasonable care on the roads, and will have to demonstrate that this failure was a direct cause of injuries you endured.
You can show a trucker was negligent by demonstrating a hypothetical reasonable person in the same circumstances would have made safer decisions. You can also create a presumption of negligence by demonstrating that a truck driver violated a federal or state safety regulation that was designed to prevent the harm you endured.
Truck drivers are subject to many more regulations than most motorists as a result of the serious danger large trucks present on the road. For instance, truck drivers must follow Federal Motor Carrier Safety Rules regarding their hours in service, or time they can drive before taking rest breaks. Drivers who break these safety rules can be presumed to have been unreasonably negligent and thus liable for crashes that occur because of their behaviors.
An experienced Austin truck accident attorney at George Salinas Injury Lawyers will review the evidence in your case to help you determine if you can make a successful truck accident claim. We provide free consultations so you don’t have to pay to find out whether or not you have a case.
We can also help you to identify all potential defendants you may have a case against. You may be surprised to find that you can sue not just the trucker in many situations, but also their employer who may have deeper pockets.
You can pursue a case against a trucking company even if the company wasn’t negligent, as a case called Painter v. Amerimex Drilling I, Ltd explains that “an employer is vicariously liable for its employee’s negligent acts if those acts are within the course and scope of his employment.”
At George Salinas Injury Lawyers, we’ll look carefully at the facts and circumstances of your accident to identify all potential defendants who could be held responsible for compensating you.
Trucking: Rules and Regulations
Trucks cause some of the deadliest accidents on our roads, and as such, the trucking industry is governed by a wide variety of strict rules and regulations. Truckers are professional drivers held to more stringent standards than those of us who don’t drive for a living. Because consumer demand for goods shows no signs of slackening, the trucking industry is booming – and more and more big-rigs crowd our roadways. With the increased demand, the trucking industry and truck drivers are under considerable pressure to work outside of safety standards, resulting in more trucking accidents.
Because of the massive size and weight of commercial trucks, trucking accidents are among the most dangerous on our roads. If you’ve been injured in a semi-truck accident, you need experienced legal counsel. The dedicated legal team at George Salinas Injury Lawyers in Austin has the experience, knowledge, and compassion to aggressively advocate for the compensation to which you are entitled. Your claim matters, and our skilled personal injury attorneys are here to help.
What Are the Top Causes of Truck Accidents in Austin?
Truck accidents happen for many reasons, but some of the top causes of truck crashes include:
- Inexperienced drivers
- Driving while intoxicated
- Driving while distracted
- Drowsy driving
- Speeding or going too fast for road conditions
- Making unsafe lane changes
- Making unsafe turns
- Tailgating
- Failing to maintain the vehicle
- Cargo issues such as overloaded cargo or failing to secure it
- Negligent inspection of the vehicle
- Cargo shifts
- Vehicle defects
- Problems with the road
Most of these causes of accidents are preventable if the truck drivers and trucking companies follow best practices for safety. For example, Texas law sets a lower 0.04 BAC limit for drivers of commercial trucks, so those operating trucks should avoid drinking at all before getting behind the wheel. Truckers should also stay off their phones, and should make sure to follow FMCSA regulations for rest and sleep breaks.
Unfortunately, truck drivers don’t always take reasonable safety precautions. When they fail to do so and their actions cause harm, this gives rise to personal injury claims where victims can get compensation for serious harm.
Tired Truckers
Truck drivers are faced with extreme schedules that they must meet, despite restrictive regulations on maximum hours of driving. Truckers sometimes make the dangerous choice of eschewing safety restrictions in favor of hitting their deadlines. Truckers who don’t carefully adhere to the rules and regulations in place to help keep our roadways safer endanger everyone with whom they share the road.
When drivers are fatigued, they face several functional impairments:
- They are less alert and may even fall asleep
- Reaction times are longer
- Attention spans are shorter
- Impaired judgment means drivers are more likely to make unsafe decisions
As a result, fatigued truckers are much more likely to cause dangerous accidents.
Distracted Truckers
Because of the extreme dangers associated with distracted driving, it has recently become a hot issue. The meteoric rise of smartphone usage has made distracted driving much more prevalent and dangerous. In fact, the danger is so immense, that the federal government has dedicated a website to the issue, distraction.gov. Distracted driving is defined as any driving in which the driver isn’t focused fully on the primary task at hand, driving safely. Distracted driving is broken down into three classifications:
- Visual Distractions
Visual distractions engage the driver’s vision, such as reading a text.
- Manual Distraction
Manual distractions engage the driver’s hands, such as typing a text.
- Cognitive Distractions
Cognitive distractions engage the driver’s thoughts, such as thinking about what you are texting instead of driving.
Interfacing with a smartphone is the loftiest distraction of all because it manages to meld all these distractions into one simple activity. Texting behind the wheel is exceedingly dangerous, but when truckers engage in the activity, it’s that much more dangerous. In fact, the Federal Motor Carrier Safety Administration strictly prohibits truck drivers from texting while behind the wheel.
Smartphone usage, however, is far from the only distraction that truckers face while driving. Other distractions include:
- Calculating distances and times for the trip
- Completing complex tasks, like cleaning the safety mirrors in the cab
- Working on the trucking logbook
- Interacting with a dispatch device
- Reading a map, paperwork, or anything else
- Making work-related or personal phone calls
Even though each of these tasks is elemental to a trucker’s job, they should never be carried out while the trucker is driving. But the trucking industry is so increasingly schedule-driven that many truck drivers cut safety corners and try to get these tasks done while driving, making our roads more dangerous in the process.
How Is Liability Determined In A Texas Truck Accident?
Texas follows modified comparative fault rules, so as long as the truck driver bears the majority of the blame for the accident, the driver can be held liable. If you share fault, your own damages will be reduced based on your percentage of liability. Texas Code Section 33.003 says it is the responsibility of the “trier of fact.” to assign blame in cases where fault is split.
It can sometimes be hard to prove who was actually to blame for the accident, or who was mostly at fault. Evidence from the crash scene can be helpful, as can witness testimony and the testimony of experts who investigate the evidence.
Many trucks are also equipped with a “black box” or recording device that will keep track of what happened leading up to the crash. An Austin truck accident attorney will help you obtain evidence from these recording devices to help show who was to blame.
If you and the truck driver, trucking company, or other potential defendants can come to an agreement on how fault should be shared, you may be able to reach an out-of-court settlement. If so, you can be compensated for your losses based on this consensus that you reach. If you are not able to come to an agreement or the defendants don’t provide you with a fair settlement offer, you’ll need to go to court.
When a claim is resolved in court, you will have the burden of proving the truck driver is to blame for your losses. You must demonstrate fault by a preponderance of the evidence, and show that the trucker’s failures were the direct cause of your damages.
Your Truck Accident Claim
Truck accident claims are a bit different than car accident claims because it’s more likely that a truck accident will have multiple defendants. The trucking company, the truck driver, the truck manufacturer, and the truck mechanics may all share responsibility for trucking accidents. Those potentially liable for truck accidents include:
The Truck Driver
As mentioned, truckers are professional drivers held to much stricter regulations than other drivers. They take on the immense responsibility of driving massive vehicles safely over our roadways. Further, the trucking company is responsible for hiring truckers with the skill, knowledge, and experience necessary to safely and responsibly operate 18-wheelers. Truckers are often directly responsible for the accidents they’re involved in.
The Trucking Company
The trucking company itself is responsible for maintaining a safe fleet of rigs, for coordinating schedules that allow its truckers to remain within the safety rules and regulations, and to ensure that its drivers have what it takes to do the job safely, including adequate training. When a trucking company fails to keep up with these responsibilities, it shoulders some or all of the liability if an accident ensues.
The Truck Manufacturer
Sometimes trucks are poorly manufactured, have unsafe parts incorporated, or simply don’t perform as they should due to some malfunction, such as brake system failure. The trucking manufacturer can be found liable if faulty design or assembly contributes to a truck accident.
The Truck Mechanics
While the trucking company is responsible for keeping its semi-trucks in safe working order and hiring well-qualified and experienced mechanics, the mechanics themselves also shoulder responsibility for the work they do. If failure to adequately maintain a truck or not performing proper repairs causes an accident, the mechanics can be held responsible for the accident.
Types of Compensation Available for an Austin Truck Accident Claim
You can recover compensation for economic and non-financial loss following an Austin truck accident claim. You should be compensated for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
Austin truck accident attorneys at George Salinas Injury Lawyers will help you to prove the extent of damages through tools like a pain journal, and with help from experts who can attest to the ongoing costs and losses you are expected to endure due to continuing injuries.
Is There a Time Limit for Filing a Truck Accident Claim?
There is a time limit for filing a truck accident claim. According to Texas Code Section 16.003, you have two years from the time a cause of action accrues to make a personal injury claim. Waiting beyond this will mean your claim is time-barred and you’ve lost the chance to pursue your case.
What to Do After a Truck Accident in Austin?
After an Austin truck accident, you should
- Collect evidence from the collision scene, including witness contact details and photographs of the vehicles, any debris, and the surrounding areas.
- Report the accident to the police who can make a report
- Get medical help to ensure your injuries are documented and all injuries are diagnosed
- Get legal help from an experienced attorney who can help you navigate the civil justice system
The actions you take in an accident’s aftermath help to determine if you can recover compensation for your losses, so make sure you reach out to George Salinas Injury Firm as soon as possible. Our legal team can focus on building your case as you work towards recovery.
Truck Accident FAQs
The Texas Department of Transportation (TxDOT) estimates almost 25,000 truck crashes occurred on Texas highways and roads in 2017. This includes more than 400 fatal accidents and more than 3,000 crashes resulting in moderate to severe injuries. Five of those deadly crashes and 137 of those injury-producing accidents took place in the Austin area of Travis County.
If you were injured in a truck accident in the Austin area, you may have the right to recover significant compensation under Texas law. Contact the skilled attorneys at George Salinas Injury Lawyers in Austin at (512) 851-1004 as soon as possible to discuss your case.
In the meantime, here are some answers to frequently asked questions about Austin truck accidents:
What Makes a Truck Accident Different From a Car Accident?
Heavy trucks generally weigh at least 20 to 30 times more than the average car. In fact, a fully-loaded semi truck can weigh-in at more than 80,000 pounds. Then a vehicle with such massive size and weight crashes at highway speed, it tends to cause far greater damage, disruption, and injury than other types of accidents. The destruction a heavy truck can inflict on an ordinary car far exceeds that of a typical two-car collision. Truck accidents also frequently involve spilled cargo, further escalating potential harm to other drivers or clean-up crews.
What Are Common Types of Truck Accidents?
Multiple types of crashes might occur when trucks lose control. They include:
- Head on collisions
- Rear end collisions
- Broadside or T-bone collisions
- Underride collisions
- Multi-car pileups due to a jack-knifed truck
- Rollover collisions
- Blind spot collisions
- Lost loads
What Are Common Causes of Truck Accidents?
The Federal Motor Carrier Safety Administration (FMCSA) creates and enforces regulations for the trucking industry. They include measures to prevent some of the common causes of truck accidents, which include:
- Distracted driving
- Driving under the influence of drugs and alcohol
- Speeding
- Failure to yield
- Driver fatigue
- Inexperienced drivers that haven’t had proper training
- Improperly loaded trucks
- Mechanical failure due to poor maintenance or a defect
Who Might Be Liable for a Truck Accident?
Because of the greater toll of destruction they cause, truck accidents tend to involve multiple parties. That means that when truck accident victims take legal action for damages, they often name multiple defendants, including:
- Truck drivers. As in any motor vehicle accident, the driver of the truck may bear some responsibility, particularly if he broke traffic laws by using a cell phone, driving under the influence, or driving while excessively fatigued.
- Trucking companies. Many, if not most, trucks on the road are owned by commercial enterprises. Those companies may share liability for an accident if, for example, they failed to maintain the truck, forced a driver to break hours of service regulations, required the use of a cell phone while driving, and or loaded the truck’s cargo negligently.
- Other motorists. Other motorists who drive recklessly might cause a truck accident.
- Truck manufacturers and/or truck part manufacturers. Makers of trucks and truck parts can have liability for an accident caused by a defective truck or truck part.
- State of Texas, Travis County, or city of Austin. If poorly maintained roads lead to a truck accident, government entities might be liable.
The Insurance Company Offered a Settlement for My Truck Accident Injuries. Should I Accept?
Insurance companies do not stay in business by paying every claim that comes their way and they certainly don’t like to pay court-awarded damages. When fault is clear, an insurance company might make a settlement offer to a victim. These initial offers are often attractive but they rarely provide full and fair compensation to victims. Instead, they are a tool for insurance companies to avoid large payouts later on. It’s best to let a qualified attorney handle all communications with the insurance company and discuss any offers with them. An attorney can advise you on the best course of action and can often negotiate a better settlement than the insurance company’s initial offer.
What Types of Damages Can I Recover After a Truck Accident?
If you were injured in a truck accident, you might recoup the following damages from the parties responsible for harming you:
- Medical costs including ambulance and emergency services, surgery, hospitalization, radiology, and medication;
- Future medical expenses such as corrective surgeries, aftercare, long-term health care, and physical therapy;
- Lost wages for missing work as a result of injury and hospitalization;
- Future lost wages when an injury prevents a victim from returning to work; and
- Non-economic losses including pain and suffering, loss of consortium, and other losses that apply to a particular case.
If I Contributed to Causing the Accident, Can I Still Recover Damages?
It depends. Under Texas law, you can recover damages for an accident you partially caused so long as a court doesn’t find you 51 percent or more at fault. Up to that point, you can recover damages even if your actions contributed to the accident. In that case, your damage award will be reduced by the percentage of your fault. So, for example, if you suffered $1,000,000 in damages in an accident for which a court finds you 25 percent at-fault, your maximum damage award will be reduced to $750,000.
How Much Does it Cost to Hire a Truck Accident Attorney?
Personal injury law firms typically offer free consultations for you to share information about your case with a qualified attorney. In the event that you and the attorney agree to have the attorney represent you, there is generally no up-front payment required. Instead, firms typically handle personal injury cases on a contingent fee basis. This means that your lawyer only recovers fees out of any settlement or court-awarded damages you receive.
Do I Need an Attorney After A Truck Accident? Yes!
A truck accident might permanently alter your life. An experienced personal injury attorney can protect your legal rights and seek the damages you deserve, giving you the time and energy to focus on healing.
If you were injured in a truck accident, contact the experienced attorneys at George Salinas Injury Lawyers in Austin at (512) 851-1004 for a free consultation to discuss the details of your case.
If You’ve Been Injured in a Truck Accident, Consult With a Skilled Austin Truck Accident Attorney Today
If you’ve been injured in an Austin truck accident, you’ve got important legal rights. Truck accidents can be extremely serious and complex, and require experienced legal counsel. The dedicated legal team at George Salinas Injury Lawyers in Austin has the dedication, skill, and compassion to help effectively and efficiently protect your rights and ensure you recover just compensation for your injuries. We’re here to help, so please contact or call us at (210) 934-1953 to schedule an appointment today.