Semi-truck accidents can change the lives of the victims and their families forever. The size and weight of semis play a major role in the often devastating and fatal nature of these types of collisions. If you or a loved one has suffered an injury in a semi-truck accident, speak to an experienced McAllen truck accident attorney at the De La Garza Law Firm. We can help obtain the compensation that you and your family deserve, call (956) 533-1426 today.
Why Work With Our Semi-Truck Accident Attorney?
- Our firm puts clients first. We are prepared and willing to do everything in our power to make sure you are happy.
- We have recovered over $5 million for our clients in the last 18 months alone.
- We offer free initial consultations to talk about your case and to help you understand your rights.
Why You Need a McAllen Truck Accident Lawyer
Semi-truck accident cases are often complex, due to federal regulations and the typical involvement of multiple liable parties. An experienced semi-truck accident lawyer will have the resources to thoroughly investigate your accident and preserve any evidence against those responsible. That can involve working with experts in accident reconstruction, obtaining relevant documentation such as police reports, interviewing witnesses, and more. Trucking companies and their insurers will have teams of accident attorneys ready to deny or reduce liability. Hiring legal representation from a car accident attorney will protect you and ensure you receive the full value of your claim.
Compensation You Can Recover
After an accident with a truck not only may you be suffering from your injuries, but you have incurred unexpected medical bills, lost wages due to time away from work, or suffered the wrongful death of a loved one in the accident. With a successful truck accident lawsuit, you can recover damages from the at-fault party to cover for your current and future medical expenses, lost wages, property damage, pain and suffering, and other losses. The truck accident lawyers with De La Garza Law Firm will guide you through the legal process, negotiate with insurance companies, and fight for the best possible outcome. Our McAllen personal injury attorney works on a contingency fee basis, which means that you don’t pay any upfront fees, so you can worry about recovering from your injuries while we work on securing the compensation that you deserve.
Common Causes of Truck Accidents in Texas
Establishing the cause of a collision is critical to recovering compensation. The following factors commonly contribute to semi-truck accidents:
- Speeding
- Tailgating
- Sudden braking
- Drug and alcohol use
- Distracted driving
- Trucker fatigue
- Improper loading
- Failure to inspect and maintain a tractor-trailer
- Mechanical defects
- Defective road conditions
All too often, these types of accidents are preventable but occur due to the negligence of the truck driver or the company they work for. A McAllen truck accident lawyer can help you determine what caused your accident and who is responsible for your personal injuries.
Common Truck Accident Injuries
Since commercial trucks are significantly larger and heavier than the average car, collisions between these two vehicles often result in catastrophic injuries. Some of the most common truck accident injuries include the following.
- Spinal cord injuries: The spine is responsible for helping the brain communicate with the rest of the body. If you sustain any damage to your spinal cord during a truck accident, you may develop temporary or permanent paralysis.
- Back and neck injuries: The back and neck contain small bones and a series of ligaments, tendons, muscles, and other soft tissues. During a truck accident, your head and neck may move quickly and naturally, tearing these tissues and bones. As a result, you may develop painful injuries such as whiplash.
- Traumatic brain damage: Any injury to the head or brain can result in serious complications. Traumatic brain injuries (TBIs) include concussions, bruising, bleeding, skull fractures, and any other damage to the brain. Long-term effects of a TBI include cognitive impairment, physical disability, and psychological changes.
- Burns: During a collision, a commercial truck’s fuel tanks may rupture, leading to an explosion. A truck fire can easily spread and engulf smaller vehicles, putting occupants at risk of smoke inhalation and burns. These burn injuries can be painful and result in permanent disfigurement.
Different Types of Truck Accidents De La Garza Law Firm Represents
Any type of large truck accident could result in catastrophic injuries and severe property damage. Due to a semi-truck’s size and weight, they are more likely to be involved in some types of accidents. Common types of truck accidents include:
- Underride accidents. These accidents occur when a truck suddenly stops and a smaller vehicle behind them can’t brake in time and crashes under the truck’s trailer. These are serious accidents that often end in complete destruction of the vehicle, serious injuries or even death.
- Rollover accidents. A rollover accident can be extremely dangerous due to a truck’s size and weight. Rollover accidents may be caused by taking a sharp turn at high speeds or when the wheels catch on an object in an extremely steep road. When a truck rolls over it’s unpredictable how much damage it will cause to other vehicles on the road.
- Jackknife accidents occur when a truck’s trailer skids and forms a 90-degree angle with the cab, this angle makes it impossible for the cab to move and the truck will remain stuck in this position. Jackknife accidents are commonly caused by braking too quickly or defective braking equipment.
- Tire blowouts are another type of accident that trucks could be involved in. When a tire blows out it is almost impossible for a trucker to control the vehicle, a tire blowout could lead to a truck rollover and other accidents. A blowout can be caused by an old, worn-out tire, a defective tire or a road defect.
An experienced truck accident attorney in McAllen can help you secure the compensation you deserve after suffering one of these unfortunate accidents.
Seek legal advice as soon as possible after your accident with a truck to recover damages for your losses.
State and Federal Trucking Laws
There are special state and federal laws that may apply to your semi-truck accident claim. In particular, the Federal Motor Carrier Safety Administration (FMCSA) has established laws for trucking companies, commercial truck drivers. The following are some of the most important regulations:
- Trucking companies must obtain a high amount of insurance coverage to match their higher level of financial responsibility in the event of an accident.
- Commercial truck drivers must be at least 21 years of age, have a valid commercial driver’s license, and be proficient in English.
- A driver may only operate a truck for 11 hours after a 10-hour break.
- After taking a 10-hour break, a driver may not drive more than 14 consecutive hours.
- A driver is only allowed to work 60 to 70 hours in seven to eight consecutive days.
- A driver can restart the seven to nine-day work week after having a minimum of 34 hours off.
- Trucks are only allowed on the road after being deemed safe by an annual FMCSA inspection.
- Routine inspections and repairs must be performed to maintain the integrity of a large truck.
- A truck may only carry up to 20,000 pounds per axle.
- The gross weight of any vehicle cannot exceed 80,000 pounds.
Who Is Liable in a Texas Truck Accident?
To file a claim and recover compensation after a truck accident, you will need to know who was responsible for the crash. However, liability in truck accidents can be complex and multiple parties may be at fault.
- The driver: In many cases, the truck driver is a liable party in an accident claim. If the accident occurred due to the negligent actions of the driver—for example, drinking and driving or hours of service violations—you may hold him or her accountable in your claim.
- The trucking company: If the truck driver was an employee of a company, the company may be liable for his or her actions. Additionally, if the company engaged in negligent practices that led to your accident, such as failing to inspect vehicles or encouraging drivers to violate FMCSA regulations, you could file a claim against the company.
- The vehicle manufacturer: If your accident occurred due to a defective vehicle or auto part, you may hold the manufacturer liable for your damages.
- The cargo loaders: If your accident occurred due to improperly loaded cargo, the employees responsible for loading the vehicle may be responsible for your injuries.
Modified Comparative Negligence Claims
If you file a lawsuit against a truck driver or his or her employer, you will need to prove that the at-fault party’s negligence caused your accident. To prove negligence, you will need to provide evidence to establish four key facts.
- The at-fault party owed you a duty of care.
- The at-fault party breached the duty of care.
- The breach of duty directly caused your truck accident.
- You sustained damages due to the accident that you can collect in your lawsuit.
The court will likely award you compensation if you can establish these elements. However, if the at-fault party successfully proves that you are partially responsible for the accident, the court may reduce your award according to Texas’s modified comparative negligence rules. If you share more than 50% of the liability, you will not recover any compensation.
For example, if you are in a truck accident and the at-fault party claims that you were texting and driving at the time of the crash, the court may assign 40% of the liability to you. If you ask for a $30,000 award, you will only receive $18,000. A truck accident lawyer will be able to determine the compensation that you can recover.
Contact Us For a Free Case Evaluation
If you’ve been injured as a result of a truck driver or trucking company’s negligence, you deserve compensation for your suffering. Our McAllen semi-truck accident attorneys have the experience needed to obtain the best possible outcome for your case. Call (956) 533-1426 and schedule a free consultation with our legal team today. Our truck accident attorneys have experience representing injury victims in McAllen and throughout the Rio Grande Valley.
