Texas Truck Accident Attorneys Fight For the Rights of the Injured
When people think of Texas, several thoughts come to mind, including cowboys, large cities such as Dallas and Houston, and Tex-Mex cuisine. Additionally, many individuals think of the significant amount of roads and interstates that crisscross the Texas landscape. Of all the states, Texas leads the way with almost 68,000 miles of roads.
The many roadways and the proximity of Texas’s location in the United States make it a hub for freight and interstate commerce. Semi-trucks transport most goods, and with the increased demand of the growing population comes the probability of more accidents occurring on Texas roadways.
If you’ve been involved in an accident with a truck or tractor-trailer, you may be entitled to file a compensation claim to recover damages for your injuries and other losses, such as lost wages, emotional anguish, and pain and suffering.
RTRLAW’s qualified personal injury attorneys in Texas will gladly review your truck accident case and determine your legal options.
Trucking companies face a host of lawsuits every year. For this reason, they have large legal teams looking for ways to reduce their liability. RTRLAW’s truck accident attorneys are fearless when it comes to standing up to the trucking companies to help you get the compensation you deserve for your injuries.
Contact RTRLAW by calling (972) 478-1801 in Texas or call or text us toll free at 1-833-HIRE-RTR (1-833-447-3787) if you’ve been harmed by a truck driver’s negligence in an accident or if you’re a truck driver who has been injured in a collision.
Why Do Most Truck Accidents Occur in Texas?
Truck accidents can occur for any number of reasons. However, many commonly cited reasons are more prevalent than others. Some of the most common causes of semi-truck accidents in Texas include:
- Driver fatigue: The leading cause of tractor-trailer accidents can be attributed to driver fatigue. Even though drivers are legally obligated to follow Federal Motor Carrier Safety Administration (FMCSA) laws that regulate how long they are allowed to drive, many drivers disregard these rules to make their deliveries early or on time. Additionally, many trucking companies push drivers to drive past time limits.
- Speeding: Unlike smaller vehicles, large commercial vehicles can’t stop quickly. A truck’s sheer size and weight require a greater distance to make a complete stop. Often trucks speed on roads and interstates, which makes it nearly impossible to stop quickly.
- Distracted driving: Federal laws stipulate that commercial drivers must use a hands-free device to talk on the phone. Texting while driving is strictly prohibited, but accidents still occur from drivers misusing their phones.
- Driving under the influence of drugs or alcohol: Just as with drivers of smaller vehicles, truck drivers are not immune from driving under the influence of drugs or alcohol. In addition, many drivers use illegal stimulants to try and stay awake for longer periods. However, commercial drivers are prohibited from using alcohol or certain prescription drugs while operating a commercial vehicle or even while off duty when delivering a load.
- Improper loading: If the commercial vehicle’s trailer is not loaded correctly, this can create a hazard, especially when the truck goes around a corner and the load shifts. This shift can cause the tractor-trailer to fall over on unsuspecting motorists who may be traveling near the truck.
- Lack of training: In many cases, trucking companies fail to properly train their drivers before sending them out on the road. This lack of training is often attributed to the company trying to make a profit at the expense of safety.
- Poor maintenance: Trucking companies are required to perform routine inspections and maintenance on their vehicles. However, trucking companies often postpone necessary maintenance to avoid the vehicle and trailer temporarily being out of service. The trucking company’s main priority is ensuring their goods are transported quickly but often at the cost of other motorists.
- Old worn-out tires: Semi truck tires can be dangerous if not properly maintained. A tire blowout could result in another motorist being injured or even killed in a resulting accident.
- Flawed manufacturing design: In some instances, the accident may be traced back to a poor manufacturing design. Often trucks from the same manufacturer will be involved in similar accidents giving strength to the argument that the truck’s poor design was the cause of the accident.
If you’ve been injured in a Texas truck accident, you need a personal injury attorney with a working knowledge of state and federal laws governing commercial vehicles. RTRLAW’s experienced truck accident attorneys have successful track records of winning commercial vehicle cases and will fight to help you get the compensation you deserve.
What Types of Injuries Do Most Truck Accident Victims Sustain?
Truck accident victims typically sustain severe injuries due to the massive size of the commercial vehicle. In most cases, a smaller motor vehicle is no match for an 18-wheeler. One of the foremost dangers in a truck accident is the high risk of the vehicle turning over onto a smaller vehicle. In many cases, a large commercial vehicle may overturn onto smaller passenger cars and cause the occupants to be pinned or crushed.
Some of the most common truck accident injuries in Texas include:
- Skull fractures and head injuries
- Neck injuries
- Traumatic brain injuries (TBIs)
- Back and spinal cord injuries
- Multiple broken bones and fractures
- Chest injuries
- Internal organ damage
- Severe burns
Often, large truck accidents can leave victims unable to work and support themselves and their families. The emotional toll can also cause injury victims to suffer severe emotional trauma as they relive the accident.
If you’ve suffered injuries from a truck accident, contact RTRLAW immediately. You can get a free, no-obligation case review and find out more about the legal options that may be available to you. .
Who Can Be Held Liable For a Texas Truck Accident?
If you’ve been involved in a truck accident, it pays to have a skilled personal injury attorney on your side. Determining liability in a truck crash is challenging because there may be multiple entities that could be held accountable.
Some injury victims assume the truck driver is the only person that can be held liable. However, after a truck wreck, law enforcement authorities will investigate the accident. If their investigation determines that the truck driver violated traffic laws, such as speeding or texting and driving, then they can be held legally liable.
Unfortunately, many companies push drivers to deliver their loads early so they can go to their following designated locations, often forcing the driver to exceed their regulated hours of service (HOS). So if the investigation determines the driver’s employer played a role in the accident, then the trucking company may also be held accountable.
In addition to this, often times the trailer that the truck is pulling is owned by a different company and is covered under a different insurance. If the trailer is defective or poorly maintained and contributed to the collision, then the owner of the trailer could also be held liability.
Furthermore, if the trucking company hired a driver with a poor driving record or did not properly train the driver on the vehicle, then you may also be able to file a legal claim against them to recover damages.
Finally, depending on the facts and circumstances surrounding the case, the trucking company and the manufacturer may also be culpable for your accident. For example, if it can be proven the truck manufacturer produced faulty equipment, which led to an accident, they can be implicated in a lawsuit to recover damages.
Due to the complex nature of determining liability after a truck accident, it is always in your best interests to hire a knowledgeable attorney like the truck accident lawyers at RTRLAW to evaluate your case.
How Do I Recover Compensation After a Texas Truck Accident?
One of the most common questions that truck accident victims ask RTRLAW attorneys is how they can recover compensation for damages. In most commercial truck accidents, individuals may experience extensive property damage and incur costly medical bills due to their injuries.
However, there are specific steps you must follow to protect your ability to recover compensation after a Texas truck accident. For example, you should:
- Seek medical attention: If you have been involved in a truck accident, you need to be evaluated by a medical professional. Often internal injuries do not immediately manifest themselves and could cause serious issues if left untreated.
- Gather evidence: To receive compensation, you must have clear and convincing evidence supporting your claim. RTRLAW truck accident attorneys can advise you as to what type of evidence you will need and how to obtain it.
- Request compensation: One of the first procedural steps in filing a claim involves your truck accident attorney sending a letter to the liable party’s insurance provider requesting payment instead of taking the case to court.
- Commence settlement negotiations: At this point, your attorney will negotiate with the insurance company to recover a settlement that is appropriate for your needs.
- Pursue legal action: If the insurance provider is unwilling to negotiate a favorable settlement for your needs, taking your case to court will be necessary. The truck accident attorneys of RTRLAW are highly trained in litigating cases like these and have a great deal of experience arguing cases in front of a judge or jury. Our attorneys will fight for your rights, whether it’s with the insurance company, the trucking company or all of the above in court.
If you’ve been involved in a truck accident, be sure to seek qualified legal representation to protect your legal rights and to help you recover the compensation you deserve. Contact RTRLAW today toll free at 1-833-HIRE-RTR (1-833-447-3787) or call us in Texas at (972) 478-1801 for a free, no-obligation case review to discuss your case.
What Type of Compensation Can I Recover After a Truck Accident?
Truck accident victims may be eligible to recover compensation for their injuries and other related damages. However, it can be difficult to navigate the types of compensation that may be available to you without legal training. It pays to have an experienced attorney who can thoroughly evaluate your case and determine what damages are appropriate.
Texas law allows accident victims to recover economic and non-economic damages, also called compensatory damages. Economic and non-economic damages are awarded to compensate accident victims for their losses.
What Are Economic Damages?
Economic damages are awarded to reimburse accident victims for the expenses or losses incurred due to injury. Economic damages can also be structured to cover future expenses the victim may have to pay.
Some of the most common economic damages awarded to Texans include:
- Past, current, and future medical expenses
- Lost wages
- Loss of earning potential
- Property damages
In truck accident cases, victims often experience catastrophic injuries that can negatively impact them for the rest of their lives. Catastrophic injuries include traumatic brain injuries (TBI), spinal cord injuries, paralysis, burns, organ damage, and amputations. In addition, catastrophic injuries typically require specialized medical care that can quickly become very costly for injury victims and their families.
Even if the injury victim does not suffer catastrophic injuries, they may still need physical therapy or rehabilitation to recover fully.
With this in mind, RTRLAW’s personal injury attorneys can negotiate a settlement that will take the full extent of your injuries into account and work to obtain a settlement that will adequately pay for your future expenses and provide for your needs.
What Types of Non-Economic Damages Can I Recover?
Non-economic damages are granted to compensate the victim for intangible losses they have experienced. Every accident is different and non-economic damages are awarded based on the unique facts and circumstances of each case. Therefore, every settlement will differ in the amount of non-economic damages compensation that may be awarded.
The most commonly awarded non-economic damages in Texas include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
- Permanent disfigurement and scarring
Can I Recover Punitive Damages After Being Involved in a Truck Accident?
Texas does allow truck accident victims to recover punitive damages under certain circumstances. Unlike compensatory damages designed to reimburse the victim, punitive damages are levied against the defendant to punish them for their actions. Punitive damages are also meant to serve as a warning to others not to repeat the same type of behavior.
Please note, punitive damages are rarely awarded in Texas unless the plaintiff can present clear and convincing evidence that the defendant acted with gross negligence. Texas defines gross negligence as an act or omission that includes the defendant knowingly acting with reckless disregard or with a high probability of causing harm to others, or acting with extreme disregard or indifference for the rights, safety, or welfare of others.
Punitive damages may only be awarded if other damages have also been awarded to the plaintiff. However, in Texas, punitive damages are capped at $200,000.00 or two times the amount of the economic damages plus the amount equal to non-economic damages up to $750,000.00.
However, if the act that caused the injuries was a felony, Texas law makes an exception, and there is no cap on the amount of punitive damages that a victim can receive.
A knowledgeable truck accident attorney from RTRLAW will be able to review your case and determine if you are entitled to request punitive and other damages. For a free, no-obligation case review, call RTRLAW today toll-free at 1-833-HIRE-RTR (1-833-447-3787) or in Texas at (972) 478-1801.
Can I File a Wrongful Death Claim if My Loved One Died in a Truck Accident?
In many cases, truck accidents result in victims being fatally injured. As a result, the Texas Wrongful Death Act was enacted to allow certain family members the right to file a compensation claim or lawsuit to recover damages for the loss of their loved one.
However, the Texas Wrongful Death Act limits the types of damages that family members may obtain as a result of a truck accident. Some of the most commonly awarded damages that families may receive after the death of their loved one due to a commercial vehicle accident include:
- Funeral and burial expenses (within reason)
- Medical bills the deceased incurred as a result of the fatal injuries
- Loss of earning capacity (the money your loved one would have earned had they not passed away)
- Emotional distress
- Loss of companionship
- Loss of emotional support
- Loss of inheritance
- Costs associated with emotional support services you and your family needed after your loved one’s death
- Loss of support in the home, including childcare, chores, and maintenance
The Texas Wrongful Death Act also clarifies which family members can file a wrongful death claim. These individuals are:
- A surviving spouse
- Children of the deceased
- Parents of the deceased
- The administrator of the estate, after a period of three months and only with the family’s permission
Is There a Statute of Limitations to File a Wrongful Death Claim in Texas?
Texas law only allows eligible family members two years from the date of the victim’s death to file a wrongful death claim. However, if you’re an eligible family member and you decide not to file a wrongful death claim during the first three months of the victim’s death, the estate administrator can pursue legal action on your behalf. The administrator may only do so if you do not object.
Any type of wrongful death claim can be extremely complex and challenging to handle without some type of legal training. Therefore, hiring an attorney who understands the Texas Wrongful Death Act and can act as your legal advocate is in your best interests.
If you want to determine if your loved one’s fatal injuries qualify under the Texas Wrongful Death Act, contact RTRLAW for a free, no-obligation case review today.
Why Should I Choose RTRLAW to Represent Me After a Truck Accident?
Being involved in a truck accident can cause an injured victim to miss a significant amount of time at work, suffer emotional trauma, and incur medical expenses that create a financial crisis for their family.
Unfortunately, trucking companies are the subject of numerous lawsuits. Consequently, trucking companies have legal teams on their side whose only job is to look for loopholes or weaknesses in cases to avoid large financial payouts.
RTRLAW is a personal injury law firm in Texas dedicated to assisting truck accident victims and their families in receiving the justice and fair compensation they deserve. Our knowledgeable attorneys are familiar with the strategies insurers often use to undervalue or deny your claim. Another tactic insurance providers use is to deny any claim that is filled out incorrectly, incomplete or turned in past the deadline.
As a result, RTRLAW’s attorneys are passionately committed to protecting the legal rights of truck accident victims. Our personal injury attorneys can assist you with filing a claim to ensure that your insurance paperwork is filled out correctly and turned in on time. Additionally, our investigators will conduct a thorough analysis of the accident to build and strengthen your case.
Our personal injury attorneys work vigorously to help our clients receive fair compensation and to see that the responsible parties are held accountable for their actions.
RTRLAW’s experienced and aggressive personal injury attorneys and investigators are available to meet with you in person or can come to you, even if you are in the hospital or confined to your home due to your injuries. You can take care of all paperwork by email or text for your convenience. If we choose to take your case, you will not pay anything upfront. RTRLAW works on a contingency fee basis, which means you pay NOTHING unless we win your case and recover money for you.
Since 1988, RTRLAW has represented tens of thousands of clients and recovered hundreds of millions of dollars in compensation for our clients through settlements and judgments. Our attorneys fight hard to protect our clients’ legal rights and to get the compensation they deserve.
For more information or for a free, no-obligation case review, CHAT WITH US NOW, contact us, call or text us 24 hours a day, seven days a week toll free at 1-833-HIRE-RTR (1-833-447-3787), call us in Texas at (972) 478-1801or email [email protected].