Truck Accident FAQs

What should I do if I’m ever in an accident with an 18-wheeler?
The first and most important thing is to get immediate help. Flag down passersby and call 911 for police and emergency medical teams. The next steps you should take are:

Get information from the truck driver, including name, company, address, and phone numbers.
Get the names, addresses, and phone numbers of any witnesses or anyone else involved in the truck accident, including passengers.
Write down any relevant details of the crash while they are still fresh in your mind – time of day, location, and weather conditions.
If you have a camera, or camera phone, take photos of the truck wreck site, including the positions of the truck and car, and any other vehicles involved in the accident.
Get a copy of the police report when it is available.
Gathering evidence at the truck accident scene will help you and your truck accident attorneys make the case for compensation from the parties responsible for the accident. More here

My car was totaled in an accident with a tractor-trailer. I was hurt, but I have good insurance. What should I do?

You will want to contact an experienced tractor-trailer wreck lawyer. This is especially critical in cases of injuries that may not appear at first but will show up over time. An 18-wheeler accident attorney will work to make sure that you get adequate medical diagnoses and advice.

The Texas 18-wheeler accident lawyers at our Law Firm can be counted on to listen to your concerns, explain your rights and options, and pursue your case diligently and aggressively until you get the justice you deserve. An initial personal and confidential consultation is free of charge. Contact us for a free truck accident claim evaluation.

How common are truck wrecks common in Texas?

According to preliminary statistics for 2020, in TX there were:

206 large trucks involved in fatal crashes
2,390 large trucks involved in injury crashes.
3.236 injuries in crashes involving large trucks.

Why is a collision with a truck so dangerous?

Accidents between a large truck, tractor-trailer, or 18-wheeler and an automobile can cause very serious injuries and fatalities, particularly to the passengers in the car. These big trucks can weigh as much as 80,000 pounds – more than 15 times the weight of the average car. Because of the types of injuries, large trucks can cause, drivers of semi-trucks and 18-wheelers are considered to have an even greater standard of care than other drivers.

What are some of the most common causes of tractor-trailer accidents?

Some of the most common causes of tractor-trailer wrecks in Texas are:

An unlicensed driver
Speeding
Disobeying safety procedures
Repair and maintenance problems
Failure to yield the right of way
Driving Under the Influence of alcohol or drugs (DUI)
Driving While Intoxicated (DWI)
Driver fatigue
Brake failure
Blown tires
Overloaded trailer
Loads that shift weight

What are the most common types of injuries sustained in a semi-truck crash?

Trucking accidents studies show that the most serious injuries in 18-wheeler accidents may involve the brain or spinal cord. Spinal cord injuries can result in loss of movement or feeling, or in paralysis. Brain injuries — which are sometimes not visible and therefore often missed in initial emergency room examinations – have a wide range of traumatic effects, including:

Loss of memory
Inability to concentrate
Depression or other mental health problems
Diminishment of eyesight
Hearing loss
Retardation
A tractor-trailer collision can also cause a number of less serious, but still costly injuries, including broken bones and internal injuries.

I was hurt in a crash with an 18-wheeler, and the truck driver admitted he fell asleep behind the wheel. What kind of damages can I recover?

Your recovery could include compensation for your medical expenses, hospital bills, income lost because of missed work, pain and suffering, future medical or physical therapy expenses, and compensation for any loss of earning capacity resulting from the accident.

Who can I sue?

Responsible parties may include the driver of the tractor-trailer, the trucking company, and perhaps the truck’s manufacturer if it can be proven that the truck accident was caused by some defect in the truck.

Why should I choose your Law Firm?

We represent individuals and the families of victims who have been seriously injured or killed in trucking accidents throughout the state of Texas. When tractor-trailer collisions do occur, trucking companies involved in the accident often send representatives to the accident scene. These agents work to handle everything at the scene of the accident so that they can limit or mitigate their company’s liability. With the truck accident attorneys of our Law Firm on your side, you will have an experienced team of litigators fighting for you.

The Four Elements of a Successful Auto Accident Injury Insurance Claim or Lawsuit

Many times, UI/UIM claims ultimately end up being civil court cases, though the route can be quite circuitous. We’re taking a moment to share a brief overview of what it takes to win any personal injury lawsuit. There are four elements to proving injuries against a defendant. You must clearly demonstrate your charges are true and appropriate. They are duty, breach, causation, and damages. Below, we’ll briefly discuss each of these four elements so that you will have a better idea of what it will take to prove that you’re entitled to be compensated for your injuries.

Duty: The first charge your un/underinsured auto accident attorney will make is establishing that the defendant owed you a duty of care. The defendant must exercise a certain level of caution to prevent you from getting hurt while you drove down the street, safely minding your own business. Texas Civil Codes and Procedures set the standard of the duty of care that a person or organization owes to another. Duty depends on the circumstances of the situation in-question that are considered within the relationship of the parties involved.

Breach: The next step is proving that the duty was breached. Usually, plaintiffs and their attorneys must clearly show that the defendant drove in a way that a reasonable person would not have driven. Proving that the defendant breached his duty of care is typically done when you and your attorney present evidence to remove any doubt about what the defendant did or failed to do that caused the car wreck. Offenses such as speeding recklessly, driving at night without headlights on, running through red lights, driving while intoxicated, and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court.

Causation: You must now clearly demonstrate that the defendant breached his duty of care to you through some form of negligence. But the defendant will deny causation (a term used in proving a breach of duty). Often he will argue “unforeseeable circumstances” such as other drivers, pedestrians, or even you were the actual cause of the wreck, This is the defendant’s last stand if he or she hopes to wiggle out of being held liable for your damages. So how do you disprove the defense? It’s up to you and your auto accident lawyer to prove your accident claim, or the defendant is off the hook. It’s essential to have sufficient evidence produced by your attorney’s investigation of the accident to disprove any defense that is thrown at you.

Damages: The final “leg” is proving your damages and asking for just compensation; the specific amount of money you are entitled to collect from the defendant for your legal damages. Damages are the actual sum of money the defendant owes you for medical bills, pain and suffering present lost wages, and the loss of future earning capacity if you are disabled. Also, the repair or replacement bills for your auto and items of worth destroyed in the wreck. To prove what you’re entitled to collect, you’ll need to calculate what you’re owed and provide evidence of your injuries and losses to support your damage claim.

Determining the full amount of damages is as crucial as the other three burdens of proof because the amount of damages can be relative and open to defendant interpretation. Computing every single loss can be challenging unless you have an experienced uninsured/underinsured car accident attorney who knows the value of your losses from auto accidents and how to calculate them effectively. The personal injury lawyers at our Texas Law Firm know how to account for and calculate every one of your accident claim damages, and make doubly-certain that you recover as much as possible for your injuries.

The auto accident lawyers at our Law Firm have effectively handled car accident litigation for decades. We’ve won favorable verdicts and settlements against nearly every major auto insurer in the state. Insurance companies recognize our name. The reputation that precedes us is beneficial in securing special attention to our client’s claims from these insurers. Our goal is to make sure that you recover as much as possible from your injuries and make this sometimes complicated legal process as easy as possible for you.

Put our years of experience to work for you. Know your rights, how to proceed with your claim, and how much compensation you can secure from your auto injury case. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver.

ATV Accident Attorneys – Personal Injury Law

Our Personal Injury Law Firm in Texas represents people who have been injured when their all-terrain vehicle (ATV), dirt bike or other off-road or off-highway vehicle (OHV) did not perform properly due to a design or manufacturing defect which caused serious personal injury or wrongful death to the rider or passenger.

Texas has miles of trails and roads for the ATV enthusiast. When operated with proper care, these vehicles provide fun and recreation. However, a defective machine may roll over, tip over, flip over, pitch forward, or fall backward on hills or inclines, when encountering a rock or depression, or in a sharp turn. ATVs can weigh several hundred pounds and can cause serious injuries in an accident, including fractures; head, neck and back injuries; traumatic brain injury and spinal cord injuries; crushing internal injuries; and wrongful death. 

ATVs and Products Liability Law

ATVs are supposedly designed for all types of terrain, as their name implies. Moreover, they are specifically marketed, often to minors, for recreational use on, particularly rugged and difficult terrain. They should therefore not tip over easily if they are properly designed and manufactured and used appropriately.

One aspect of product liability law that is often particularly applicable to ATV accidents is the duty to provide adequate instructions for safe use and conspicuous warnings about known dangers when using the vehicle. Instructions should be clear and easy to understand, and warning notices should be well-marked on the vehicle itself where appropriate as well as provided on any vehicle packaging and documentation.

Negligent Riders

Some OHV or off-road vehicles are street legal and others are not. Cars and trucks driving the roads and highways near wilderness areas should be particularly attentive to ATVs entering or leaving the road. An ATV on the road will likely be traveling at a slower speed than other vehicles on the road, and misjudging this differential can be disastrous, especially to the rider. ATV riders should of course be aware of these dangers as well and should not drive their vehicles on the road where unsafe or prohibited by law. A negligent ATV rider can injure him or herself off the road as well as hurt others by causing a crash on the road. Passengers on ATVs can be injured by negligent operators, who can also collide with other ATVs when driving carelessly or recklessly.

Texas Motor Vehicle Accident Attorneys

If you have been injured in an ATV accident due to another negligent driver or a defective vehicle, Trust us for Justice to help you recover compensation for your damages from the responsible party. Our lawyers have decades of experience helping victims of motor vehicle accidents of all kinds. In the Texas area, contact our Personal Injury Law Firm to find out how we can help you.