Injured in an Austin, TX Truck Accident?
How Austin Truck Accident Lawyer Ashley Applewhite Can Help You and Your Family
If you or a loved one about was injured in a Texas truck accident, experienced truck accident lawyer Ashley Applewhite can help. Applewhite Firm PLLC offers free consultations to truck accident victims and their family members so those in need can get the legal information necessary to make tough decisions during a trying time.
Types of Commercial Truck Accident Cases We Handle
Our personal injury law firm handles car accident claims involving commercial vehicles and Texas truck accident cases involving:
- Big rigs
- Box trucks
- Commercial trucks
- Commercial vehicles
- Concrete mixing trucks
- Delivery trucks
- Dump trucks
- Flatbed trucks
- Garbage trucks
- Large trucks
- Livestock trucks
- Refrigerated trucks
- Tanker trucks
- Tractor trailers
- Tow trucks
Semi-truck accidents and other crashes with large trucks more often than not have catastrophic consequences as the size and power of large commercial vehicles is no match for smaller passenger cars, motorcycles, and others on or near Texas roadways.
Common Causes of Truck Accidents
A Texas truck accident can be caused by any number of factors or a combination of many factors. Some of the most common causes and contributing factors our personal injury lawyers see in Texas truck accident claims include:
- Truck driver fatigue – Truck drivers often work long hours and may suffer from fatigue, which can lead to truck crashes.
- Distracted driving – Truck drivers are usually out transporting items on long hauls and will engage in a variety of behaviors to pass the time and maneuver their vehicles. They may be distracted by electronic devices such as cell phones or GPS systems while driving, among other distractions.
- Improper loading or securing of cargo – If a truck’s cargo is not loaded or secured properly, it can shift during transport and cause the truck to lose stability or even tip over. It can also fall off and land on another vehicle on the road, causing damage and injury.
- Reckless or aggressive driving – Some truck drivers may engage in reckless or aggressive behavior, such as speeding, tailgating, or weaving in and out of lanes, which increases the risk of collisions.
- Poor vehicle maintenance – Trucks and their component parts must be properly maintained to ensure safe operation. If a truck is not maintained, it may experience a devastating equipment failure, such as a tire blowout or brake failure.
- Weather conditions – Bad weather, such as rain, snow, or ice, can make it difficult for a truck driver to maintain control of their vehicle and can lead to collisions.
- Drug or alcohol impairment – Despite it being illegal, some commercial truck drivers may use drugs or alcohol while driving, which can impair their judgment and reaction times, leading to accidents.
- Lack of driver training – Some truck drivers may not have received proper training, which can leave them unprepared for the challenges of driving a large commercial vehicle.
Common types of Texas truck accidents include but are not limited to:
- Rear-end collisions
- Head-on collisions
- Jackknife accidents
- Underride accidents
- Lane departure accidents
- Wide turn accidents
- Fuel tanker explosions
- Loading and unloading accidents
- Tire blowouts and equipment failure
Truck Accident Injuries – What Happens Now?
After a truck crash, the victims will more than likely suffer serious injuries. How can a truck accident injury victim manage their medical treatment, medical bills, and medical recovery while dealing with insurance companies, loss of the ability to work, and mental anguish? Most cannot. That is why it’s important to consult with and hire an Austin truck accident lawyer. We can take the stress of handling the financial, legal, and medical logistics off of your plate and ensure you get the care and compensation you need and deserve. While medical expenses can vary, some of the most common catastrophic injuries we see truck accident survivors face include:
- Brain injuries
- Spinal cord injuries
- Neck and back injuries
- Internal injuries
- Psychological injuries
If you suffered severe injuries in a Texas big rig accident, you should reach out to a personal injury lawyer for a free consultation today.
Truck Accident Lawsuits in Texas Explained: Injured Victims’ Legal Rights
When a big rig causes a Texas truck accident, the injured party has the legal right to file a truck accident claim with their insurance company which will likely lead to a personal injury lawsuit. There are many damages potentially available to victims in a personal injury claim, including:
- Medical expenses – This includes the cost of all medical treatment related to the accident, such as hospital stays, surgery, medication, and physical therapy.
- Lost wages – If you are or were unable to work as a result of the injuries you suffered, you may be able to recover lost wages.
- Loss of earning capacity – If the personal injury victim’s medical condition prevents them from returning to work or from working at the same level as before, they may be able to recover damages for loss of earning capacity.
- Pain and suffering – Victims may be able to recover damages for the physical and emotional pain and suffering they experienced as a result of the truck accident.
- Property damage – You be able to recover the cost of repairing or replacing any property that was damaged in the truck collision.
- Punitive damages – In some cases, if a truck driver or trucking company’s conduct was particularly reckless, the judge or jury may award punitive damages as part of a personal injury claim, which are intended to punish the wrongdoer and deter similar conduct in the future.
Austin personal injury attorney Ashley Applewhite can review the facts of your case and let you know which types of damages you may be able to claim.
Truck Accident Liability in Texas
Determining truck accident liability is complicated – more complicated in fact than for most other car accidents. The many moving parts of the trucking industry – from trucker to truck manufacturer – make cases involving semi-trucks complex and more expensive for the responsible parties to pay. This industry also involves shippers and receivers, brokers, mechanics, maintenance workers, federal regulators and agencies, insurance companies and more.
Truck accident liability can be complicated for several reasons:
- Multiple parties may be involved: In a truck accident, multiple parties may be held responsible for a crash, including the truck driver, the trucking company, the owner of the truck, the manufacturer of the truck or its parts, the shipper or loader of the cargo, and even government entities responsible for maintaining the roads.
- Federal regulations: The trucking industry is heavily regulated by federal laws and agencies, such as the Federal Motor Carrier Safety Administration (FMCSA). Federal trucking regulations can be complex and difficult to navigate, making it challenging to determine liability.
- Evidence preservation: It’s essential to preserve evidence after a big rig accident, such as the truck itself, the cargo, and the data from the truck’s electronic control module (ECM), which can be difficult to retrieve and requires expert interpretation.
- Time limits: There is limited time to file a claim after a truck accident. This legally determined timeframe is known as the statute of limitations and in Texas it’s two years from the date of the crash. It’s important to act quickly to preserve evidence and to file a claim before the statute of limitations expires and you potentially lose your ability to file a lawsuit or recover financial compensation at all.
- Insurance: Trucking companies are required to carry large amounts of liability insurance, but they will have expensive and highly skilled legal representation to protect their interests and minimize any potential payout.
All of these factors can make it difficult for victims to navigate the legal process and to recover the financial compensation they need and deserve. It’s important for truck accident victims to seek the help of an experienced Austin trick accident attorney who can guide them through the process and help them to understand their rights and options.
Contact Austin Truck Accident Attorney Ashley Applewhite for a Free Case Evaluation
Both state and federal laws and regulations apply to truck accidents, making them more complex to navigate than a simple passenger vehicle car accident. You can’t handle the aftermath of an 18-wheeler crash alone – get advice and help from an experienced Austin truck accident lawyer so you ensure your legal rights are protected and your physical and mental health is restored. We will negotiate to ensure you receive maximum compensation from the at fault party or parties. Call 512-617-9250 to find out your legal options.