by gturnercontentcustoms | May 14, 2024 | Truck Accident Injuries

A semi-truck crash is one of the most destructive experiences an individual can have in traffic. In a matter of seconds, a collision could render their vehicle permanently unsafe to drive and could forever alter their physical health.

Semi-truck collisions have the potential to be financially and physically devastating for the people involved. While federal rules do mandate six-figure insurance policies for semi-trucks and other commercial vehicles, even that may not be enough to reimburse those affected by a crash with an 18-wheeler. People sometimes need to file personal injury lawsuits after semi-truck collisions.

What types of compensation can they request if they file a personal injury lawsuit?

Economic damages

The vast majority of the compensation available after a semi-truck crash relates to the economic damages caused by the collision. Economic damages include provable financial losses related to the wreck. Those who only pursue compensation through insurance may only be able to recover economic losses. Hospital bills and lost wages are examples of economic losses. People can request compensation for their current and likely future economic losses.

Non-economic losses

Texas does allow those involved in crashes to pursue non-economic damages for losses that may not have a direct financial value. The reduction in someone’s quality of life because of their functional limitations is a non-economic loss. Their anguish or physical discomfort is another non-economic damage. Disfigurement, disabilities and the loss of enjoyment of life are all non-economic losses that can contribute to the overall value of a personal injury lawsuit in Texas.

Punitive damages

What other states refer to as punitive damages are exemplary damages according to Texas state statutes. Exemplary damages do not reimburse the plaintiff for losses but instead serve as a punishment for the defendant. Texas has a relatively high standard for cases where plaintiffs request exemplary damages. They need clear and convincing evidence of fraud, malice or gross negligence if they expect a judge to award them exemplary damages in a semi-truck crash lawsuit.

Estimating the financial impact of a semi-truck crash can be as challenging as negotiating with a commercial insurance provider. Those attempting to recover their losses after a semi-truck crash may benefit from securing legal assistance throughout the process accordingly.

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by lainie.little@thomsonreuters.com | May 1, 2024 | Truck Accident Injuries

A recent semi-truck accident on a popular Texas highway is testament to the dangers large commercial vehicles often pose on the road, especially when traveling nearby extremely small passenger cars.

An 18-wheeler transport fleet traveling on State Highway 36 north of Austin was carrying a massive load that looked to be a large piping system several semi-truck beds long.

The piping system detached from the trailer, crashed into a passenger vehicle, pinning the three passengers inside. Two of the individuals died and one was severely injured and air-lifted to the nearest hospital.

The Temple Fire & Rescue responded to the scene with ten units and two-dozen personnel. Police report that it took several hours to remove the driver from the passenger car due to the sheer weight of the pinned cargo.

According to authorities, the piping system load weighed roughly 350,000 lbs.

Common dangers involving semi-trucks

The above real-life scenario shows what many people in Texas have always known: commercial trucks pose an incredibly high risk of danger on the roadways.

They are much larger than passenger cars, take up much more space on the highway, and often haul loads weighing hundreds of thousands of pounds. An accident involving an 18-wheeler is simply no match for those traveling in a small passenger car.

Rules for commercial truck drivers

Commercial truck drivers and their entities must follow strict guidelines and regulations for this very reason. However, it doesn’t always happen. Beds are often not secured properly or they are overloaded, and truck drivers are fatigued, distracted or improperly trained. These and many other reasons could be to blame for this accident and so many more that occur on Texas highways each year.

Fortunately, victims and their families have recourse options. Nothing can change what occurred and nothing will bring back lost loved ones, but financial compensation to help with medical bills, surgeries, funeral expenses and lost future income can help in the recovery process both today and into the future.

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by gturnercontentcustoms | Mar 26, 2024 | Truck Accident Injuries

Semi-trucks have been a safety concern for as long as these massive commercial vehicles have shared the road with passenger vehicles. Collisions between cars and semi-trucks can leave family vehicles unsafe to drive and may put people in the hospital.

People tend to feel relatively safe in traffic. After all, the majority of trips end without any crashes or even close class. Drivers may also trust that their vehicles can protect them if a crash occurs. Personal vehicles have gotten safer in recent years. Improvements in crash testing and design practices can reduce the severity of collisions that occur.

Despite those improvements in safety technology, people may feel like they hear more stories about semi-truck crashes now than they did a few years ago. Is it true that collisions with 18-wheelers have become more of a traffic safety concern in recent years?

Semi-truck crash rates are concerningly high

When looking at trends in vehicle collisions, there have been some alarming changes in recent years. Some of the most concerning shifts include an increase in semi-truck collisions. Overall, crashes involving semi-trucks have been on the rise. The National Highway Traffic Safety Administration (NHTSA) noted a 26% increase in semi-truck crashes between 2021 and 2022. When looking at fatal crashes, there was an 18% increase between 2020 and 2021.

The 5,700 fatal semi-truck crashes in 2021 also represented a 49% increase over the total deaths reported a decade prior. That increase dwarfs the increase in the number of miles traveled by semi-trucks over the same period, which only increased by 22%.

Factors ranging from harsh employment practices and increasingly erratic traffic behavior may contribute to the concerning recent increase in semi-truck crashes, particularly fatal ones. Drivers may want to take greater care when driving in close proximity to semi-trucks, but they unfortunately have no control over the transportation industry or the conduct of individual commercial drivers.

Anyone involved in a commercial vehicle collision can anticipate a very complex compensation process ahead due to commercial insurance requirements, the number of potentially liable parties involved and the likely severity of the crash. Pursuing an insurance claim or a personal injury lawsuit may be necessary if a semi-truck operator, their employer or any other related party is to blame for a recent wreck.

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by gturnercontentcustoms | Jan 17, 2024 | Truck Accident Injuries

A semi-truck collision can cause major damage and might even force local authorities to shut down a road or highway. Semi-trucks can cause catastrophic injuries and massive property damage. The people licensed to operate commercial vehicles typically have more training than those with basic driver’s licenses and also have to hold themselves to a higher standard. There are many rules limiting the conduct of commercial drivers that do not apply to those in passenger vehicles.

Despite all of the legal precautions in place to protect the public, crashes between commercial vehicles and passenger vehicles are still somewhat common. Who might potentially be liable for the damages inspired by a semi-truck collision?

The other driver

Occasionally, the driver of the smaller vehicle is technically the party at fault for a commercial vehicle crash. Collision statistics indicate that passenger vehicle drivers are responsible for slightly less than half of the crashes that occur between semi-trucks and passenger vehicles. If the driver of the smaller vehicle is responsible, they may not have many options for covering the expenses generated by the collision.

The commercial driver

Sometimes, there’s little question that the person operating the semi-truck is the party at fault for the collision. Provided that they are a self-employed owner-operator, they may ultimately be liable for the expenses generated by the wreck. However, if the commercial motorist is an employee, not an independent contractor or self-employed professional, then their employer may ultimately be the party with liability for the crash.

The commercial transportation company

Rules about vicarious liability often pass responsibility for collisions to employers if someone is on the clock at the time of a wreck. Some transportation companies may even cause crashes by poorly maintaining vehicles or having inappropriate employment practices that require their workers to do something unsafe.

Most commercial transportation companies have very large liability insurance policies that provide at least $750,000 of coverage to protect them from the risks inherent when a worker causes a collision. The people affected by a major semi-truck collision often have massive expenses that they struggle to manage on their own. Pursuing a major insurance claim or possibly even filing a lawsuit against the transportation company can be reasonable choices for those coping with financial challenges stemming from a semi-truck collision.

Ultimately, determining who is liable for a wreck is necessary for those hoping to seek compensation after a crash.

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by gturnercontentcustoms | Oct 18, 2023 | Truck Accident Injuries

Motor vehicle collisions often directly result from something that drivers have done or failed to do. For example, many crashes caused by semi-trucks occur because a truck operator maintains speeds that are too high or gets too close to other vehicles in traffic.

However, some crashes that occur are the result of decisions made by outside parties. For example, a trucking company can potentially increase crash risk or the severity of a collision through improper company operations. Both regulatory non-compliance and negligence could potentially contribute to a semi-truck collision occurring. These are some of the ways that transportation companies can potentially increase crash risk or the severity of a wreck.

Failing to install the best underride guards

Rear underride guards are a requirement for every commercial truck. Side underride guards are necessary for vehicles going into Canada. Many companies will only comply with the minimum standards established by the Federal Motor Carrier Safety Administration (FMCSA). They do not invest in the best underride guards even though there’s clear research showing that bigger and stronger guards better serve their intended purpose than cut-rate options. They may also choose not to install side underride guards at all because the FMCSA does not require them.

Bad vehicle maintenance or trailer loading practices

Some semi-truck collisions occur specifically because of issues with the vehicle. Maybe the brakes have gone out, for example. A company delaying crucial maintenance or repairs to semi-trucks could be the underlying cause of a semi-truck crash. Additionally, improperly loading a trailer or failing to tell a driver about liquid or moving contents could end up causing a situation where the driver loses control of the vehicle.

High-pressure employment policies

Truck driving is one of the better-paid blue-collar professions, but companies often put a lot of pressure on workers in return for those competitive wages. Commercial drivers may only receive optimal pay if they get every load in on time. The policy of providing incentive pay for on-time deliveries might lead to drivers speeding or continuing to drive when they should technically stop for the day. Requiring that drivers communicate with the company or its clients while on the road could lead to distractions that ultimately cause a crash.

Those who are able to connect a collision to a transportation company’s policies may have better options available when pursuing compensation. Holding the right party accountable is crucial for those seeking justice after a semi-truck collision, as making this effort can help to ensure that victims are awarded – and are able to collect – all that they’re due.

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by gturnercontentcustoms | Jul 18, 2023 | Truck Accident Injuries

It can take months for families to handle all of the consequences of a car crash. The more extreme the collision is, the longer people will likely feel the consequences of the wreck. A crash that only causes property damage could cause many short-term logistical and financial challenges but would ultimately have minimal lasting impact on the people involved.

On the other hand, collisions that result in injury or in someone dying can have long-term consequences for daily life in a household and also massive financial implications. A commercial vehicle or semi-truck is so large and heavy that it can cause severe or fatal injuries to the occupants of smaller vehicles and the operator alike.

Semi-trucks are a constant presence on Texas roads, as there are vehicles traveling back and forth across the state headed in every direction, and all of that traffic translates to increased collision risk. How can a family affected by a semi-truck collision minimize the lasting consequences that the crash has on their household?

They will likely need to seek compensation

People frequently take for granted that the insurance claims process is easy for the people affected by a wreck. However, insurance companies are largely for-profit organizations that would prefer to reduce how much they pay when someone does have grounds for a claim. Even those involved in a basic collision involving two passenger vehicles might have a complicated negotiation process ahead of them. Those affected by crashes caused by an 18-wheeler can anticipate an even more difficult insurance negotiation process. After all, the insurance requirements for a semi-truck are much higher than the insurance requirements for a passenger vehicle in Texas.

Most commercial trucks will have at least $750,000 worth of liability coverage, although some policies may have even more coverage than that. The amount of coverage is beneficial because it can come closer to fully compensating those who have catastrophic injuries or who lost a loved one in a wreck. The downside of that higher level of coverage is that there is often more opposition to a sizable claim because of how much the company stands to lose. The same can be said of a response to any personal injury lawsuit that victims or surviving loved ones may file.

Often, those struggling with serious injuries or grief after losing a loved one will not be in an ideal position to handle complicated negotiations on their own. Seeking legal guidance to better understand what resources are available to those affected by a semi-truck crash and how they differ from the opportunities available after other collisions may benefit those seeking to minimize their losses related to a recent collision with a commercial truck.

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by monte.olmsted@thomsonreuters.com | Sep 19, 2022 | Truck Accident Injuries

Your catastrophic injuries stemming from a large-truck crash make you wonder whether you can recover physically, emotionally and financially. It will take a great amount of time to heal, and it also may take some time to determine who or what was responsible for the collision.

Can blame be laid squarely on the truck driver? Maybe the trucking company or truck manufacturer bear some responsibility. A thorough investigation is necessary and may implicate any number of players.

The driver, trucking company and manufacturer

Here is a list of the parties that may be responsible for a large truck accident:

• The truck driver: The driver may be at fault for making a horrendous mistake. Distracted driving or impaired driving may be scenarios. Under pressure from tight deadlines, the driver may suffer from fatigue due to little sleep. Speeding and driving recklessly also may be at the root.
• The truck carrier/company: Did the trucking company – the employer – provide proper training to its drivers? Did it hastily hire drivers who were not qualified to operate these several-ton vehicles?
• The large truck manufacturer: Truck makers must ensure that their product is safe and underwent thorough testing before introduced to the marketplace. Defective parts such as brakes and steering may lead to tragedy.
• The maintenance company: Trucking companies depend on a dependable maintenance firm to maintain its fleet. Poor repairs may lead to breakdowns and collisions.
• The packing and loading company: This firm must do its job correctly and efficiently. Unbalanced loads can be dangerous, causing the shifting of cargo. As a result, the truck driver may have difficulty maneuvering the vehicle, and the truck also may overturn.

Any of these players may be at fault.

Seek a legal advocate

The disregard of public safety should never go unpunished. The carelessness and negligence of certain players within the trucking industry may have led to your serious injuries. This is the time to seek a legal advocate and the compensation you deserve.

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by sushmitha.p@thomsonreuters.com | Oct 2, 2020 | Truck Accident Injuries

If someone you love has been diagnosed with a catastrophic injury, it means that they have an injury that is life-changing in a major way. They may have a significant brain injury or serious spinal cord injury. They may need long-term support and health care.

Often, these serious injuries are a result of collisions. Some will involve large trucks, like semitrucks, box trucks and other commercial vehicles.

Did you know that around 500,000 truck crashes happen each year in the United States? Those crashes often lead to fatalities, but when they don’t, victims may be left with catastrophic injuries. Looking at statistics between 2009 and 2015, the rate of injuries caused by large-truck crashes increased by 62%. That’s certainly alarming.

What should families taking care of patients with catastrophic injuries expect in the future?

It is hard to say exactly what a family should expect. Even catastrophic injuries will vary from one person to another. However, serious brain injuries and spinal cord injuries can lead to life-altering consequences. Someone with a brain injury may have to relearn how to speak or may have permanent changes in ability. Someone with a catastrophic spinal cord injury may be completely paralyzed or deal with significant, chronic pain.

Families can expect that their loved ones will need ongoing medical care and attention for many months and years immediately following the collision. Though medical care needs may be reduced over time, some patients will need care for the rest of their lives in at least one way or another.

While some people with catastrophic injuries are able to return to work, such as those with paralysis who are able to learn new skills, that doesn’t mean that they all will. Some people will have permanent changes in ability or be unable to learn new skills. There are also complications of these injuries that may arise even months or years later, which will need medical attention and support.

It’s difficult to see a loved one go through so much pain and suffering. Catastrophic injuries are life-changing, but remember that your family can seek the compensation that is needed to support your loved one.

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by jessica.freeburg@thomsonreuters.com | Feb 17, 2020 | Truck Accident Injuries

Building a personal injury claim after a truck accident is a complicated process that requires time and attention. In some cases, several different parties may hold liability and may have motivation to resolve the issue as quickly and cheaply as possible.

If you were recently a truck accident victim, you must begin building your claim as soon as possible. Waiting even a few days can mean missing valuable evidence that can make or break a claim.

No matter what the circumstances of your accident, the sooner you begin collecting evidence, the better. With this evidence, you can build a strong legal strategy that uses the strength of the law to pursue full, fair compensation and ensure that your rights remain secure throughout the process.

Collecting the driver’s logs

All commercial truck drivers in the United States are required to keep logs in the vehicle where they document how often and how long they stop to rest. Whenever an accident occurs involving a commercial truck, the victims can request the driver’s logs from the driver themselves. Drivers must provide these documents upon request.

Examining the driver’s log may shed some light on conditions that led to the accident, particularly if the log indicates that the driver had not rested for a significant amount of time when the accident occurred.

Truck drivers often face pressure from an employer to drive long hours and may stay on the road even when they are not safely awake and alert. This is a good place to begin as you put together your claim.

Collecting the electronic control module data

Since the mid-1990s, all commercial trucks in the United States contain an electronic control module, or ECM. ECMs record data about the operation of the truck and the performance of various components within the truck. These serve a similar purpose to the “black boxes” used to record flight data in aircraft.

The owner of this data must turn it over to a victim of a truck accident upon request. However, there are two important points that can complicate this process. First, the owner of the truck may not be the driver of the truck, if a company hired the driver alone, without their own vehicle.

Secondly, the owner of the truck owns the data within the ECM, and has the right to delete that data until they receive a written request to turn it over. If you want to secure the ECM data from your accident, you must act quickly or it may disappear forever.

Act now for your future

Recovering from a truck accident may take many months, or even more than a year. Depending on the severity of your injuries and other factors, your injuries may require significant medical care, driving up your expenses. At the same time, your injuries may impact your ability to work, placing strain on your income. By using all the legal resources that you have available, you can build a strong claim that addresses these losses fairly and keeps your rights protected while you work toward recovery and seek full justice.

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by jessica.freeburg@thomsonreuters.com | Dec 17, 2019 | Truck Accident Injuries

The nation’s highways enable people to travel rapidly from one location to another. It is especially helpful for truckers who are transporting goods across the country. When these truckers are on the road, they must ensure that they are prepared for the haul. This takes a lot of work, but it is imperative that it happens so that everyone on the roads remains safe.

One of the primary things that truckers can do before they head out on the road is ensure that they are ready to drive. This means that they aren’t fatigued or distracted on the road. They need to get a good night’s sleep and only drive as long as they are able to focus on the task. Truckers also can’t let anything, including their cellphone, distract them as they drive.

Negligence and recklessness

When they don’t operate their rig in a safe manner or fail to follow traffic laws, commercial vehicle operators can cause accidents. Negligence and recklessness can lead to innocent people suffering injuries that are catastrophic or life-threatening.

Trucking companies play a role in making sure that the truckers are operating their trucks safely. One of the primary things they can do is ensure that they all have proper training. A person who has a commercial driver’s license has special training before they get the license. The trucking company can build on this by having new hires go through safety training when they are being trained on company policies.

The companies also need to ensure that they aren’t setting unrealistic expectations. Tight deadlines are fairly standard as companies try to remain competitive, but they need to find the balance between remaining competitive and empowering truckers to get sleep and stop when they feel it is necessary.

Improper maintenance and component issues

Improper maintenance on the trucks can lead to significant problems. Things like worn brakes or hitch components can mean that the rig can’t operate as intended. Having any defective components on the truck can also lead to trouble.

When individuals are struck by semitrucks, they can suffer from catastrophic injuries. The expenses that come from these crashes are often high. Seeking compensation for these wrecks can help injured parties to minimize out-of-pocket costs. Naming the proper defendant in these cases is imperative. This may include the trucker, trucking company, insurance company and any other entity that holds liability in the incident.

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by jessica.freeburg@thomsonreuters.com | Oct 18, 2019 | Truck Accident Injuries

If you or a loved one has recently been involved in a collision with a truck, you will know the pain and upset that such an event can cause. Trucks are huge vehicles, and as a result, they have the potential to cause a disastrous accident involving multiple vehicles.

If you believe that the truck was to blame for causing the accident and you want to claim the compensation that you deserve, you must waste no time in taking action. Trucking companies can be aggressive in defending themselves and their drivers, so it is vital that you can make a compelling case. The following are some ways that you may be able to show that a truck was responsible for causing an accident.

Showing that the truck driver was fatigued

Truck drivers invariably work long hours and spend a lot of time driving on highways which can become monotonous and lead to drowsiness. This is why driver fatigue is so common. Truck drivers have been known to fall asleep at the wheel and collide with other vehicles. If there was a camera installed in the truck, there may be video footage of this.

Showing that the truck driver was driving distracted

Trucking is a highly regulated industry, and any phone use is completely unacceptable. If you suspect that the driver was using their phone at the time of the collision, it may be possible to check their phone activity.

Arguing that the truck driver was poorly trained

If a truck driver made an unsafe move or appeared to be incompetent when driving the truck, you may be able to hold the trucking company responsible by arguing that they failed to hire responsible drivers and to train them adequately.

Arguing that the truck driver had an unrealistic schedule

Many truck drivers have tight schedules that put them under huge pressure to get a job done in a certain amount of time. This can lead them to skip rest breaks or speed, both of which can be very dangerous.

It can be possible to successfully show that a truck driver or trucking company was responsible for causing a collision. Make sure that you investigate all avenues when building your claim.

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by jessica.freeburg@thomsonreuters.com | May 23, 2019 | Truck Accident Injuries

It’s nearly impossible to spend any amount of time on the roads in and around San Antonio without driving in close proximity to commercial trucks.

Understanding how to share the road with these vehicles is a must, as this will help you avoid a serious accident that can result in injury or death.

With so many potential causes of truck-car accidents, it’s not always easy to avoid trouble. Fortunately, knowledge of these causes will allow you to think one step ahead, thus reducing the likelihood of a crash.

Here are some of the many mistakes commercial truckers often make that lead to an accident:

• Drowsy driving: When a trucker is too tired to drive, they’re not in any position to make quick decisions. Even if a driver doesn’t fall asleep, drowsiness alone is enough to cause an accident.
• Distracted driving: This comes in many forms, such as texting, eating, drinking, talking on the phone or taking in the scenery.
• Driving under the influence: A trucker who is under the influence of drugs or alcohol is one that is likely to cause an accident. Even one drink can impair a trucker’s ability to make sound decisions.
• Reckless driving: For example, if a trucker consistently drives faster than the speed limit, their reckless behavior could cause an accident.
• Improper loading: Loading and unloading commercial trucks in the appropriate manner is a must, as a mistake increases the risk of an accident.

You can’t stop a truck driver from making one or more of these mistakes, but there are things you can personally do to enhance your safety:

• Make yourself visible to truck drivers at all times
• Avoid abrupt lane changes
• Take extra caution when merging onto the highway
• Give trucks enough space to maneuver in tight quarters, such as city streets

Even the safest drivers could be part of a car-truck accident at some point. If this happens to you, move to safety and call 911. Your immediate focus should be on your injuries and the best way to receive treatment.

Once you’re stable, review the cause of the accident and contact your insurance company. There are steps you can take to protect your legal rights and receive compensation for injuries and damages.

Visit our website for more advice on the steps to take after a motor vehicle accident.

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by jessica.freeburg@thomsonreuters.com | Dec 21, 2018 | Truck Accident Injuries

When victims of truck accidents begin building their injury claims, they often find that it is not a simple process at all. In fact, it may take a good deal of work to determine who exactly is responsible for the accident in the first place.

In many claims, either the consumer driver or the commercial driver is at fault, but not always. Sometimes, another party’s mistakes or faulty components may cause an accident, and when this happens the victims must build a strong case that holds them liable. When third parties are liable for large, destructive accidents, the victims must focus their attention on creating a strong legal strategy that uses all the available evidence to seek justice.

Common third-party defendants

If you recently experienced a truck accident and suspect that a third party is responsible, you must gather as much evidence as you can. There are more factors that can cause a truck accident than those discussed here, so make sure to do your research and seek professional guidance to protect your rights.

One of the most common third-party causes of truck accidents are poorly secured loads. Often, the driver of a truck does not do the loading or unloading of the trailer. The company that hires the truck may be responsible for loading and securing the trailer, or the removal of part of the cargo may loosen the contents. This can easily cause the cargo load to move within the trailer, which can cause the trailer to roll over, or may make it difficult to steer and brake safely.

It is also possible that the manufacturer of a component in the truck may hold liability, if the failure of that component causes an accident. For instance, if a component of the truck’s steering column fails, the driver may not be able to steer the vehicle, leading to a collision. Clearly, this is beyond the control of the driver, and may place the liability for the accident on the manufacturer.

Bad repairs and poor maintenance can also lead to accidents, and may place liability on the company or party that performed the bad work. For instance, if a truck’s brake line repair is faulty and the driver cannot brake in time to avoid an accident, then the party who repaired the brake line is possibly liable for the accident.

Protect yourself sooner rather than later

Pursuing fair compensation from third-party defendants is not a simple or quick process. To keep your rights and priorities secure while you recover from your accident, make sure to use the legal tools and guidance you have to craft a detailed claim. The sooner that you begin building your claim, the more options you have while you seek full, fair compensation for your losses and injuries.

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by jessica.freeburg@thomsonreuters.com | Nov 26, 2018 | Truck Accident Injuries

It is easy to miss important evidence after a commercial truck accident, especially if your attention is focused on injuries. For many victims, truck accidents wreak havoc not only with physical injuries, but with the often overwhelming claim process.

If you recently survived a truck accident or find yourself caring for a loved one who suffered serious injuries in one, then you have a great deal of work to do while building a personal injury claim.

To receive full compensation for the expenses and losses the accident caused, you must carefully document them, while making a strong case that the accident was caused by some other party. This is much easier said than done, but a strong legal strategy can protect your rights and keep your priorities secure while you work toward a fair resolution and full recovery.

Gathering evidence at the scene

Like any traffic accident, much of the evidence needed to clarify which party holds liability for the accident is at the scene of the wreck. The longer that you wait to gather evidence, the less of it there is, beginning the moment that the clean-up crews show up and clear away the debris.

If you can gather photo and video evidence before the clean-up crews arrive, this is generally preferable, but many victims are too injured or concerned with others’ injuries to address evidence-gathering in the minutes following a collision. If you cannot document the scene in the moment, consider asking a friend or family member to come document the scene for you.

You should also look for security camera footage that may depict the accident. Typically, businesses and homes close to the scene may keep this footage for only a few days, so do not put off seeking this out.

Commercial truck evidence

Commercial truck accidents involve two types of evidence that you must request from the driver of the truck and the owner of the truck, respectively. The driver should provide their driving logs upon request, which detail how often they stop to rest between stretches of driving.

Similarly, the owner of the truck must provide the data gathered by the vehicle’s electronic control module, which records information about the driving and braking habits of the driver as well as safety feature usage. It is important to understand, however, that the owner of the truck owns the data, and may delete it until they receive your official request.

A strong legal strategy allows you to focus on your needs while keeping you protected for the long road to recovery and seeking the complete compensation that you deserve.

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by adarsh.mp@thomsonreuters.com | Sep 13, 2018 | Truck Accident Injuries

An individual sadly died in a recent car accident in Texas. In addition, another person was seriously injured in the Tuesday evening accident, which involved a semi-truck. Sometimes, truck accidents occur due to the carelessness of a truck driver, in which case, the truck driver may be held liable for the injuries or deaths occurring as a result.

The recent Texas accident took place at a little before 6 p.m. in the area of County Road 4356 and U.S. 96. Police reported that a semi-truck driver did not stop and rear-ended a car. At the time, the car’s driver had stopped to make a turn.

Following the collision, the semi-truck flipped, causing injuries to the truck driver. However, the truck driver received treatment at a hospital and was then released. Unfortunately, a 41-year-old passenger of the car that the truck hit died in the collision. In addition, a passenger, 14, suffered serious injuries and was transported to the hospital. The car’s 38-year-old driver did not suffer any injuries.

The surviving family members of the individual who died in the Texas accident may decide to file a wrongful death claim against the truck driver as well as his or her employer, seeking the reimbursement of financial damages. In the same way, the seriously injured passenger might file a personal injury claim. A preponderance of the evidence is needed to establish liability in civil court, at which point, claims for monetary damages will be determined. A claim that is successfully litigated might result in monetary compensation that could help the plaintiffs to address burial costs, hospital bills and other losses commonly associated with truck accidents.

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by jessica.freeburg@thomsonreuters.com | Jul 27, 2018 | Truck Accident Injuries

The United States transportation industry doesn’t have enough truck drivers. This means that numerous transportation companies are offering incredible financial incentives to anyone willing to take the plunge and become a trucker. It also means that there will be a lot of new and inexperienced truck drivers on our nation’s highways.

These new truck drivers may lack the experience required to be as safe as possible. Whether you’re new to the trucking industry or you’re a veteran trucker, the following five professional truck driver safety tips are for you:

1. Always use your seat-belt

This advice might seem obvious, but you’d be surprised how many truck drivers find their safety belts uncomfortable and end up going seat-belt free. Those who wear them, however, have a 45 percent lower chance of dying in a motor vehicle accident.

2. Drive slower

Being a long-haul trucker is all about deadlines, deadlines and more deadlines, but no one should ever let a deadline inspire them to speed. Not only does speeding make a truck driver more likely to get into an accident, but it will make serious damages and injuries more likely in the event that an accident occurs.

3. Leave early

The earlier you get started in the day, the less likely you’ll get behind and be inspired to speed or take other risks. You’ll also be more likely to be on time, and less anxious. An anxious and stressed out truck driver is more likely to get him or herself into dangerous accident conditions.

4. Do a long-distance travel checkup

Check to make sure that your windshield wipers are in good condition and that you have plenty of wiper solution to keep your windshield sparkling clean. Check all fluid levels. Check your tire pressure, lights, turn signals and review any other potential problem areas. Make a habit of doing this every morning before you start driving for the day.

5. Plan your driving route ahead of time

You probably have plenty of fancy electronic gadgets to tell you when and where to turn, but if you don’t review where you’re headed beforehand, you could get taken by surprise. Do a quick review of interstates, roadways and exit numbers before you start work in the morning. Also, try to plan your rest stops in advance, and don’t forget to plan for meals. A hungry driver is not going to be as attentive and alert on the road.

Are you a safe truck driver?

You’re the only one who knows exactly how safe you are on the road. Make sure to avoid unnecessary risks, drive defensively, get plenty of rest and avoid all distractions while driving a big rig, and you will dramatically reduce the chances of being liable for a trucking accident. Your safety, and the safety of everyone else on the highway, depends on it.

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by lainie.little@thomsonreuters.com | Dec 28, 2017 | Truck Accident Injuries

New federal regulations require truckers to use electronic logging systems in their vehicles to make sure that their location, speed and driving data are known at all times. Earlier this month, truckers protested the safety regulations, saying that the monitoring devices would inhibit their freedom as truckers and make their jobs more difficult.

The question is: Should the truckers concerns be honored, or will these electronic logging devices make truckers drive more safely and ultimately save lives?

Truck drivers don’t like the electronic logging devices

The federal government says that the logging devices are all about safety, but drivers believe that the devices are hindering their privacy. A large protest was held in Baytown, Texas, earlier this month. Drivers at the protest said that being on the open road is not only their livelihood, but the freedom it entails is also their passion.

According to one trucker, he gets to wake up in a new state every day, but federal mandates are making it feel like he isn’t as free as he used to be — especially because of the new electronic logging device restrictions. The electronic logging devices, or ELDs, are black boxes that keep track of a driver’s personal information, working hours, miles and location. However, many truckers say that the devices are an invasion of privacy and they don’t want to share this information.

Truckers compare the devices to an ankle bracelet. One driver said that his vehicle is not only his money-maker, but it’s also his home — and he doesn’t want to install a tracking device on his home.

The FMCSA says ELDs will make our roads safer

However, the Federal Motor Carrier Safety Administration supports the mandate, saying that it’s intended to help drivers keep track of data, log their miles and manage their success while adhering to safety regulations. This should translate into safer roads because it will ensure drivers don’t operate their vehicles for too long without rest, don’t speed and, in general, practice safe driving.

Ultimately, the little black boxes could help prevent drowsy drivers. They could also prevent drivers from speeding.

Were you hurt by a drowsy or unlawful driver?

If you or a loved one were hurt in an accident caused by a truck driver, you might want to investigate whether the truck driver was drowsy or speeding because this kind of evidence could support a claim for damages. In the future, ELDs could be a way for the victims of trucking accidents to gather evidence to hold negligent and wrongfully acting truck drivers accountable.

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by lainie.little@thomsonreuters.com | Oct 2, 2017 | Truck Accident Injuries

Working in the oil industry, there are always dangerous materials that need to be transported. As a loved one of someone killed while transporting these hazardous chemicals, you know the true dangers involved. Since your loved one was killed on the job, you have the right to a workers’ compensation claim, which can help cover expenses and financial losses.

It’s important that people learn from what your loved one went through. Transporting hazardous materials in the correct way is the only way to know they won’t come into contact with people. If there is a collision and the hazardous waste or chemicals spill, the right safety protocols in place help people, like your loved one, avoid serious injuries.

What provides information on natural oil and hazardous substance contingency plans for spills?

The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) is the government’s plan for responding to the release or spill of hazardous substances. This was originally created in 1968 after a large oil spill caused environmental damage.

This plan primarily focuses on the clean up of pollution that could affect the people and environment around a spill.

For those who work with hazardous substances, reporting the spill is the first step to having a hazmat team come to the scene. These people know how to decontaminate the scene, the environment and help those who come into contact with the hazardous materials.

What should you know if you’re transporting hazardous materials?

Your employer should have identified whether or not the material you’re shipping or transporting is a hazardous material. If so, it should be identified by class and shipped in the appropriate tank or trailer. Your vehicle should have a hazard warning label to let other drivers know the potential danger inside.

Additionally, all employees need to be trained in handling emergencies and with how to block, brace and prepare items for transport. Allowing someone without training to load or transport materials is dangerous and illegal.

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by lainie.little@thomsonreuters.com | Jul 5, 2017 | Truck Accident Injuries

Large trucks are a familiar site around San Antonio, bringing goods to the surrounding area or, in many cases, transporting materials and equipment related to neighboring offshore drilling operations.

Unfortunately, large trucks can produce devastating injuries when they are involved in an accident. If you or someone you love recently suffered injuries in a truck accident, you may feel at a loss for what to do next.

The first thing you should do after any kind of injury accident is to seek out proper medical treatment, but this is only the beginning of the process of recovery. Once emergency medical care takes place, you can start thinking about who is going to pay for your medical expenses and any other losses you experience because of the accident.

In these situations, it is generally wise to consult with an experienced attorney who understands the intricacies of truck accidents in Texas and how to pursue fair, complete compensation for your injuries and losses.

Get the help you need to fully investigate the accident

Part of securing full compensation after a truck accident is investigating the accident itself to identify any information that may prove useful when negotiating with the various responsible parties in the future.

Beyond determining the events of the accident, you want to look into other factors that potentially contributed to the accident, especially those affecting the driver of the truck at the time.

It is very possible that the driver was not in his or her best state of mind when the accident occurred. You can seek out police records that may indicate whether the driver had drugs or alcohol in his or her system at the time of the accident.

Furthermore, driving records may indicate whether or not the driver suffered fatigue at the time of the accident, or possibly whether the driver was on the road longer than regulations allow.

You should also consider the driving record of the driver, and whether or not it indicates a history of recklessness or involvement in accidents.

Other aspects of the rig itself, such as the securing of the trailer or the condition of the tires may also play into the situation, and can help you build a strong case for fair compensation.

Get the help you need to recover

After a serious truck accident, you face a long road to recovery. The process can seem daunting, so do not put off getting the help you need to pursue a truly fair resolution to the matter.

A fair settlement should include coverage of your many medical expenses, both past and ongoing, as well as fair consideration to any income you lost because of the accident and the value of ongoing disabilities from the accident.

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by Dilley Law Firm | May 3, 2017 | Truck Accident Injuries

You know that texting is not illegal while people drive in all of Texas, but federally, commercial drivers are restricted in what they can do behind the wheel. Texting while driving a commercial vehicle can lead to a driver losing his or her license and being disqualified by the Federal Motor Carrier Safety Administration. Texting includes reading or writing a text on a cellphone or other electronic device. It can also include using more than one button to end or begin a call.

Trucking and texting is extremely dangerous. There have been studies that showed that the odds of getting into an accident while texting is 23.2 times higher than for commercial vehicle drivers who do not next behind the wheel. When a driver looks away from the road while traveling 55 mph, he or she travels around 371 feet in just 4.6 seconds. Since the average text takes 4.6 seconds to read or send, that means there’s around that much time that the driver isn’t paying attention to the road. That’s enough time for the car in front to put on its brakes, for another driver to pull in front of the truck or for the truck driver to accidentally enter another lane.

What does this mean for you?

If you or someone you love was injured by a texting trucker, or if you lost a loved one in a trucking accident, it means you have a right to file a claim against the driver and his or her employer. You can use the fact that the driver was texting at the time to help you pursue your claim. Your attorney can use this information to help negotiate a settlement that is appropriate between your party and the insurance carrier.

Your attorney can talk to you about your case and what it means if you have proof that the other driver was negligent behind the wheel. You’re struggling with a loss, and your attorney can take the lead on filing your claim while you focus on your family.

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