Injured in a Texas Truck Accident?

After a truck accident in Texas, take these steps: 1) Call 911 and ensure your safety first. 2) Seek medical attention, even if injuries seem minor - some injuries like traumatic brain injury may not be immediately apparent. 3) Document the scene with photos of all vehicles, road conditions, skid marks, and your injuries. 4) Get the truck driver's name, license number, trucking company name, and insurance information. 5) Obtain contact information from witnesses. 6) Request a copy of the police report. 7) Do NOT give recorded statements to insurance companies before consulting an attorney. 8) Contact a truck accident attorney within days, not weeks, as evidence like electronic logging device (ELD) data can be overwritten after 6 months.

Truck accident settlements in Texas vary widely based on injury severity, but generally range from $50,000 for minor injuries to over $1 million for catastrophic injuries or wrongful death. The average truck accident settlement is significantly higher than car accidents because: 1) Commercial trucks are required to carry minimum insurance of $750,000 to $1 million under FMCSA regulations. 2) Injuries from 80,000-pound trucks are typically more severe than car accidents. 3) Multiple parties may be liable (driver, trucking company, cargo loader, maintenance provider). Key factors affecting settlement value include: medical expenses, lost wages, pain and suffering, permanent disability, and evidence of negligence such as hours-of-service violations or failed drug tests.

In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit under the statute of limitations (Texas Civil Practice and Remedies Code Section 16.003). For wrongful death claims, the 2-year period starts from the date of death. However, waiting too long can hurt your case because: 1) Electronic logging device (ELD) data is only required to be kept for 6 months. 2) Witnesses' memories fade over time. 3) Physical evidence at the accident scene may disappear. 4) The trucking company may dispose of maintenance records. We strongly recommend contacting an attorney within days or weeks of your accident to preserve crucial evidence.

Multiple parties can potentially be held liable in a Texas truck accident: 1) The truck driver - for negligence, fatigue, distracted driving, or intoxication. 2) The trucking company - for negligent hiring, inadequate training, pressuring drivers to violate hours-of-service rules, or failing to maintain vehicles. 3) The cargo loading company - for improperly secured loads that cause accidents. 4) The truck or parts manufacturer - for defective brakes, tires, or other components. 5) Maintenance providers - for negligent repairs or inspections. 6) The truck owner (if different from the driver or carrier). Under the legal doctrine of "respondeat superior," trucking companies are often liable for their drivers' negligent actions while on duty.

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency that regulates commercial trucking in the United States. FMCSA regulations are critical to truck accident cases because violations can establish negligence. Key regulations include: 1) Hours of Service (HOS) - drivers cannot drive more than 11 hours after 10 consecutive hours off duty, and must take a 30-minute break after 8 hours of driving. 2) Electronic Logging Devices (ELD) - required to track driving hours and prevent falsified logs. 3) Drug and alcohol testing - required after accidents and random testing throughout employment. 4) Vehicle maintenance standards - regular inspections and maintenance records must be kept. 5) Driver qualification requirements - medical certificates, valid CDL, and training requirements. If a trucking company or driver violated any of these regulations before your accident, it significantly strengthens your case for compensation.

Due to the massive size and weight of commercial trucks (up to 80,000 pounds fully loaded), truck accident injuries tend to be severe. Common injuries include: 1) Traumatic brain injuries (TBI) - from impact or whiplash, often with long-term cognitive effects. 2) Spinal cord injuries - potentially resulting in paralysis (quadriplegia or paraplegia). 3) Broken bones and fractures - often multiple fractures requiring surgery. 4) Internal organ damage - liver, spleen, kidney injuries from blunt force trauma. 5) Burns - from fuel fires or explosions. 6) Amputations - either traumatic or surgical due to crush injuries. 7) Wrongful death - truck accidents have a higher fatality rate than car accidents. 8) Soft tissue injuries - herniated discs, torn ligaments, chronic pain. The severity of these injuries is why truck accident settlements are typically much higher than car accident settlements.

While you can technically file a claim without a lawyer, hiring an experienced truck accident attorney significantly improves your chances of fair compensation. Here's why: 1) Trucking companies immediately send investigation teams and lawyers to accident scenes - you need equal representation. 2) Truck accident cases involve complex federal regulations (FMCSA) that general personal injury lawyers may not understand. 3) Evidence like ELD data, driver qualification files, and maintenance records must be preserved quickly through legal holds. 4) Insurance companies use tactics to minimize payouts - lawyers know how to counter these. 5) Most truck accident lawyers work on contingency, meaning you pay nothing unless you win. 6) Statistics show accident victims with attorneys receive significantly higher settlements than those without. 7) Lawyers can identify all liable parties and insurance policies to maximize your recovery.

A jackknife accident occurs when a semi-truck's trailer swings outward at a 90-degree angle from the cab, resembling a folding pocket knife. This happens when the trailer's wheels lock up while the cab continues forward, causing the trailer to swing around. Common causes include: 1) Sudden hard braking, especially on wet or icy roads. 2) Taking curves too fast. 3) Improper weight distribution in the trailer. 4) Brake system failures or imbalances. 5) Inexperienced drivers overcorrecting. Jackknife accidents are extremely dangerous because the out-of-control trailer can sweep across multiple lanes of traffic, striking other vehicles. These accidents often result in severe injuries or fatalities and frequently involve multiple vehicles. Liability typically falls on the driver for improper braking, the trucking company for inadequate training, or maintenance providers for brake system issues.