In the vast expanse of Texas, 18-wheelers dominate the highways, transporting goods across the state and beyond. Unfortunately, these massive commercial vehicles can pose significant risks, especially in accidents.
For several years, Texas has consistent with it's high number of fatal truck accidents in the United States due to its large size, extensive road network, and increased commercial truck traffic.
In 2021, The National Safety Council reported that out of the 5,788 large-truck crash fatalities recorded in the U.S., Texas tops the chart of states with the most deaths resulting from large truck crashes, totalling 806 deaths.
Most deaths in large-truck crashes are occupants of other vehicles, followed by truck occupants, and non-occupants, primarily pedestrians and bicyclists.
Commercial vehicle accidents also cause a wide range of injuries, from minor to severe, often requiring medical attention and resulting in long-term consequences for the victims.
When a truck accident happens, the consequences are often devastating, resulting in loss of life, severe injuries, and extensive property damage. In such tragic circumstances, the role of an 18-wheeler accident lawyer becomes crucial. This article explores the importance of these specialised attorneys in navigating the legal complexities surrounding fatal truck accidents in Texas.
Also Read: Top 8 Apps Every Truck Driver Should Have
Who is an 18-Wheeler Accident Attorney?
An 18-wheeler vehicle is a semi-truck that has two wheels at the front of the tractor, eight at the back of the tractor that also supports the trailer, and eight more wheels at the back of the trailer. The number of wheels is necessary to efficiently and effectively pull hefty loads across long stretches of highway. Unfortunately, these vehicles can be hazardous when improperly maintained or carelessly driven, leading to fatal accidents.
An 18-wheeler accident attorney (also called a truck accident lawyer) is a type of personal injury lawyer who specialise in truck accident cases. They represent those whom the negligence of another has injured during a truck accident.
Also Read: Personal Injury Attorney in Texas: All You Need to Know
Roles of a Texas Truck Accident Attorney in Fatal Accidents
A truck accident law firm (via its lawyer for 18-wheeler accident) plays a major role in cases involving fatal accidents. Their expertise is indispensable in navigating complex legal matters that might arise from such tragic events. Lets take a look at a few:
1. Understanding the Legal Landscape
Truck accidents involving 18-wheelers are typically far more complex than ordinary car accidents. Numerous factors contribute to the complexity, such as federal regulations, state laws, insurance issues, and the involvement of multiple parties. The immense weight and size of these vehicles often lead to catastrophic consequences, making it vital to have legal professionals who understand the intricacies of the law as it relates to truck accidents.
2. Investigation and Evidence Gathering
Investigations and evidence gathering is very essential to ascertain the cause and establish liability. Lawyers for truck accidents play a pivotal role in this process. They work closely with accident reconstruction experts, gather evidence from the scene, examine police reports, interview witnesses, review medical records, and analyse data from the truck's onboard systems. These lawyers can build a strong case for the victims and their families by meticulously collecting and analysing this information.
3. Determining Liability and Pursuing Claims
There are different parties that can be held liable in a truck accident, and identifying them is one of the primary responsibilities of a trucking accident attorney. In fatal truck accidents, multiple entities could share responsibility, including the truck driver, the trucking company, the vehicle manufacturer or its components, maintenance crews, and even government entities responsible for maintaining the roadways. Skilled lawyers thoroughly investigate each potential party, seeking to hold them accountable for their negligence or wrongful actions.
Additionally, these lawyers help victims and their families pursue compensation for the losses they have incurred. As experts in this field, they are well versed in different types of claims, such as personal injury, wrongful death, loss of income, pain and suffering, property damage, and more. By working closely with their clients, these lawyers ensure that potential damages are addressed and pursue the maximum compensation possible.
4. Navigating Complex Legal Processes
The legal processes surrounding truck accident cases can be intricate and time-consuming. An experienced truck accident lawyer has the expertise to navigate these complexities effectively. They handle all aspects of the legal process, including filing the necessary paperwork, negotiating with insurance companies, dealing with opposing attorneys, and representing their clients in court if a trial becomes necessary.
5. Advocacy and Support for Victims and Their Families
Truck accidents involving fatalities often leave victims' families devastated and overwhelmed. During these challenging times, the compassionate support provided by a truck accident attorney can be invaluable. These lawyers provide legal guidance and emotional support, helping families navigate the harrowing aftermath of a fatal accident. They advocate for their clients, ensuring their voices are heard and their rights are protected throughout the legal process.
18-Wheeler Accident Attorney Near you
There are many truck accident lawyers in Texas, but finding the best lawyer for 18-wheeler accident can be difficult. Inline with that, I’ve compiled several articles for different regions that list out top truck accident law firms housing the best Texas truck accident attorneys you can. Find the links below:
Conclusion
Following a fatal truck accident in Texas, the role of a Texas 18-wheeler accident attorney is paramount. Their expertise in navigating the complex legal landscape, investigating the accident, determining liability, pursuing claims, and providing support to victims and their families is invaluable. By retaining the services of experienced and dedicated 18-wheeler accident lawyers, victims and their families can seek justice, hold responsible parties accountable, and obtain the compensation they deserve during their journey toward healing and recovery.
Frequently Asked Questions
Q: Who is liable in a truck accident?
A: Liability in a truck accident can vary based on the specific circumstances surrounding the accident. Multiple parties may potentially be held liable for a truck accident, including:
1. Truck driver: The truck driver may be held liable if their negligence, such as distracted driving, speeding, fatigue, or impaired driving, contributed to the accident.
2. Trucking company: The trucking company that employs the driver can be held liable if they were negligent in hiring, training, supervising, or maintaining their vehicles. This can include issues such as failing to properly screen drivers, inadequate training, pushing drivers to violate regulations, or failure to maintain the truck in safe working condition.
3. Vehicle manufacturer or maintenance provider: If a truck accident happens due to a defect in the truck's design or manufacturing, the vehicle manufacturer may be held liable. Similarly, the maintenance provider may be liable if a maintenance issue, such as faulty repairs or inadequate inspections, caused the accident.
4. Cargo loaders or shippers: If an accident occurs due to cargo that has been loaded or secured incorrectly, the company responsible for the loading or transportation of the cargo may be held liable.
5. Government entities: In some cases, liability may fall on government entities responsible for designing, constructing, or maintaining the roadways if the accident was caused by hazardous road conditions or inadequate signage.
Resolving liability in a truck accident can be complex, involving investigating the facts, gathering evidence, and analysing applicable laws and regulations. It is advisable to consult with an experienced truck accident attorney who can assess the specific details of your case and help identify the parties who may be liable for the accident.
Q: How to sue a trucking company?
A: If you want to sue a trucking company for a truck accident, here are some general steps to consider:
1. Seek medical attention: If you still need to do so, prioritise your health and seek immediate medical attention for injuries sustained in the accident.
2. Gather evidence: Collect as much evidence as possible to support your claim. This may involve photographs or videos of the accident scene, damaged vehicles, and injuries. Obtain a copy of the police report and gather witness statements, if available.
3. Preserve records: Keep all records pertaining to the accident, such as medical bills and reports, vehicle repair estimates, and other relevant documents. These records will help establish the extent of your damages.
4. Consult an attorney: It's strongly recommended to consult with an experienced truck accident attorney. They will evaluate the details of your case, assess liability, and guide you through the legal process. Choose an attorney specialising in truck accident cases with a track record of successful outcomes.
5. Investigation and case preparation: Your attorney will conduct a thorough investigation, which may involve collecting additional evidence, reviewing accident reconstruction reports, obtaining the trucking company's records, and identifying potential witnesses. They will use this information to build a strong case on your behalf.
6. Negotiation and settlement: Your attorney will negotiate with the trucking company's insurance company to pursue a fair settlement. They will advocate for your rights and aim to secure good compensation for your injuries and damages.
7. Litigation, if necessary: If a fair settlement cannot be reached through negotiation, your attorney may recommend filing a lawsuit. They will guide you through the litigation process, including filing the necessary legal documents, presenting your case in court, and advocating for your interests during the trial.
It's important to note that the steps may differ based on the specific details of your case. Consulting with a qualified truck accident attorney will ensure you receive personalised advice and guidance tailored to your situation.
Q: Can you sue a trucking company?
A: It is possible to sue a trucking company in certain circumstances. If you have been involved in an accident with a truck and believe that the trucking company's negligence or actions contributed to the accident, you may have grounds for a lawsuit.
Trucking companies may be held accountable for accidents caused by their drivers if they were negligent in the hiring, training, and supervision of their drivers. Also, they could also be liable if they failed to comply with federal and state laws governing the trucking industry, safety regulations violation, and vehicle maintenance.
To sue a trucking company, you must demonstrate that the company breached its duty of care and that its breach caused your injuries or damages. It is essential to consult with a truck accident attorney who can evaluate your case, gather evidence, and guide you through the legal process.
Remember that trucking companies often have legal teams and insurance companies on their side to defend against such claims. Therefore, having skilled legal representation is crucial to protect your rights and maximise your chances of success.
Q: What is the average settlement for an 18-wheeler accident?
A: Determining the average settlement for an 18-wheeler accident is challenging since settlement amounts can vary significantly based on various factors. These factors may include the severity of injuries, the extent of property damage, liability issues, insurance coverage, and the specific circumstances surrounding the accident. Each case is unique; settlements can range from thousands to millions of dollars.
It's important to note that each case's individual facts and details influence settlements. A skilled attorney will evaluate factors such as pain and suffering, medical expenses, future medical care, lost wages and other relevant damages to negotiate a fair settlement for their client.
It's recommended to consult with an experienced 18-wheeler accident lawyer who can assess the specific details of your case and provide a more precise estimate of your entitlement.
Q: What kind of experience should a Texas truck accident lawyer have?
A: An experienced Texas truck accident attorney should deeply understand the laws and regulations specific to the trucking industry in Texas. They should have a track record of successfully handling truck accident cases, including fatal accidents. They should be able to negotiate with insurance companies and litigate in court.
Q: How long do I have to file a claim in a fatal Texas truck accident case?
A: The statute of limitations for filing a claim in a fatal Texas truck accident case is generally two years from the accident date. However, it is crucial to consult with an 18-wheeler accident lawyer as soon as possible after the accident to ensure all necessary legal actions are taken within the required time-frame.