Is It Worth Hiring an Austin Truck Accident Lawyer?
When injured while traveling in the car in an auto accident, an RRK truck accident lawyer can help recover compensation for your injuries. Usually, large vehicles such as large semi-trucks, or trailers are much larger. If one of these larger cars hits another vehicle, then its damage could be catastrophic. Truck crash victims can be injured by broken bones or head trauma. But treatment costs typically cost thousands.
In addition, it is crucial to consult with an experienced truck accident lawyer when pursuing a case against the trucking company because time is of the essence. Truck accident victims have a limited amount of time in which to file claims against negligent companies, so it is important to act quickly.
A skilled truck accident lawyer can help you protect your legal rights and get the compensation you deserve. If you have been injured in an Austin truck accident, contact our truck accident lawyer today.
Truck accidents can be devastating for victims and their families, but with the help of a knowledgeable attorney, it is possible to hold negligent trucking companies accountable and seek justice.
You may be entitled to financial compensation for your losses, and an experienced attorney can help make sure you get it. Contact an RRK Austin truck accident attorney now for your free consultation! Time is always of the essence in truck accident cases.
Factors that victims may or do not consider in a truck accident claim
To illustrate the absolute necessity of hiring an Austin truck accident lawyer, we are going to explore just some of the factors that go into evaluating a truck accident claim:
Truck accidents can be more complex than collisions involving regular vehicles due to the weight of the commercial vehicles and car carriers. Identifying and proving liability can also be challenging because of the involvement of the insurance industry and the potential for higher damages. Here are the key factors to consider when determining if a lawsuit should be filed in the case of a trucking accident.
Truck Accidents Result in More Severe Injuries
Trucks are very heavy and can cause severe injuries to people in the event of a truck accident. Compared to accidents involving other vehicles, truck accidents tend to result in more serious injuries, with broken bones being the most common.
The costs related to truck accidents can be extremely high. To protect yourself from medical bills, it may be beneficial to hire a trucking accident attorney in Texas.
What Are the Primary Causes of Austin Truck Accidents?
According to a recent study from FMCSA, 89% of crashes involving large vehicles were caused by truck driver errors, whereas car errors and environmental factors accounted for 10% and 3.2% of truck crashes, respectively. In Austin truck accidents, driver errors are frequently linked to crashes.
Determining Responsibility After an Austin Trucking Accident
Determining responsibility in a truck accident claim can be complicated, especially when multiple individuals and entities, such as truck drivers, civilian drivers, employers, and truck manufacturers, are involved. Therefore, it is crucial for Austin truck accident attorneys to offer expert investigation services.
Austin Truck Accident Liability
Determining liability can differ from responsibility in a truck accident and it can be a lengthy process that involves similar facts that need to be investigated. And with liability, if three different parties were involved, all three could be potentially liable. But how?
Negligence may be attributed to the various parties, such as the truck driver, the vehicle's owner, the equipment manufacturers, or the retailer, based on evidence collected during the investigation.
What Are Common Injuries Involved From Truck Accidents?
Truck accidents can cause serious damage, particularly due to the large size of these vehicles. Passengers can suffer lifelong injuries, with back and neck injuries being common.
These injuries typically occur during truck collisions and may include whiplash, headaches, and even spinal cord injury. In fact, injuries to the neck, back, or spinal cord from motor vehicle accidents can be life-threatening and cause severe paralysis.
What Makes Trucking Accidents So Dangerous?
Commercial trucks and the accidents they cause are a serious concern on our roads and can result in severe injuries and fatalities. Due to their size and weight, these vehicles can cause significant damage when they collide with smaller vehicles, motorcycles, or pedestrians. Around 50% of Truck Accident Claims are caused by driver error.
Regrettably, there have been many instances of such factors contributing to truck accidents in Austin involving other passenger vehicles. There is evidence of irresponsible truck drivers who are responsible for accidents involving passengers.
What Factors Might Affect Your Truck Accident Case?
Truck accidents can be more complicated than collisions between two regular vehicles. This is because the weight of the trucks can greatly affect the seriousness of the injuries.
Furthermore, determining who is at fault can be difficult because commercial carriers are involved in the insurance industry and damages can be higher than non-commercial accidents. To help you decide whether to file a lawsuit against a truck driver or trucking company, here are the key points to consider.
Federal Trucking Regulations Can Lead to Liability Issues
Federal Motor Carriers Safety Administration and the Department of Transportation have regulations that a truck driver needs to abide by. The regulations include specific rules that truckers must follow:
Federal Trucking Regulations - Insurance
Federal regulations set the minimum liability insurance commercial motor carriers must carry:
$750,000 for for-hire carriers of property with a gross vehicle weight rating of 10,001 or more pounds
$5 million for for-hire and private carriers of hazardous substances with a gross vehicle weight rating of 10,001 pounds or more
$1 million for for-hire and private carriers of oil with a gross vehicle weight rating of 10,0001 pounds or more
Employee Handbooks for Truck Drivers
If you're filing an injury claim against a truck driver or truck driving company, it's useful to consult the employee handbook for truck drivers. These handbooks contain details about company policies and procedures that all truck drivers must adhere to while on the job.
The handbooks offer clear instructions that cover safety protocols, loading and unloading techniques, regulations on truck driver logs, and handling different types of cargo. They also provide tips on avoiding dangerous behaviors like distraction and fatigue while driving. Additionally, the handbooks provide helpful contact information in case of emergencies or accidents.
Most driver employee handbooks begin with a section explaining the company's mission statement and values. The handbook outlines workplace conduct policies and expectations that all employees must follow, including dress codes, communication rules, drug and alcohol testing requirements, and others. The handbook also covers topics specific to trucking operations, such as load securement methods and safety measures for loading docks.
Handbooks often have sections that focus on safety regulations such as hours-of-service (HOS) laws and hazardous material transportation rules. These rules are strictly enforced to prevent any harm to the public resulting from careless driving practices.
Driver employee handbooks often contain sections that explain how to file grievances or complaints against management or fellow drivers. This is done to promote a safe work environment that is free from discrimination or harassment.
These documents are essential in ensuring that the company adheres to a standard of care in transporting loads. This also helps hold truck drivers accountable for following certain regulations that are necessary for safe transportation operations across the country.
Truck Driving Logs - COMMERCIAL TRUCKS
In truck accident cases, detailed records called truck driving logs are crucial evidence. Professional drivers maintain these logs, which include important metrics such as:
Length of their journey
The truck driver's route
Rest periods,
Other pertinent transportation information.
Federal Regulations - Hours of Service For COMMERCIAL Truck Drivers
11-hour driving limit after ten consecutive hours off-duty.
14-hour on-duty limit.
30-minute driving break after eight cumulative hours of driving.
60-hour driving limit in seven consecutive days or 70-hour driving limit in eight consecutive days.
Alcohol and Drug Testing - Commercial Truck drivers
Large truck drivers are required by Federal Regulations to follow drug and alcohol testing protocols:
To operate a commercial vehicle, new drivers must obtain a negative test result in pre-employment testing as required by their employer.
After an accident involving a fatality, traffic violation, or disabled vehicle, all truck drivers are required to undergo drug and alcohol testing within eight hours.
Trucking companies are required to conduct drug testing randomly on drivers while they are working or shortly before or after they start their shifts.
Supervisors are allowed to ask drivers to take drug or alcohol tests if they notice any suspicious behavior or appearance of distracted driving. This is known as reasonable suspicion.
What Is the âBlack Boxâ in a truck accident claim and How Is It Important to My Case?
Most rigs are equipped with black box systems or ECMM modules. These devices are capable of capturing important information in the event of a truck accident, such as the truck driver's speed at the time of the truck accident, the direction of travel, and sudden changes in the speed or direction. Your lawyer may use this information to build a strong case against the truck driver and trucking company.
What Laws Must Truck Drivers and Trucking Companies Follow in Austin, Texas?
Trucking companies and their truck drivers are required to comply with federal and state laws. If a truck driver is at fault in an accident, the employer can be held responsible for any injuries caused by a reckless truck driver.
What Happens If I'm Partially Responsible for a Truck Accident Case?
In Texas, there is an equal fault system where fault in an accident is shared among all parties involved. Under a Texas statute, individuals can seek damages even if they are partially at fault for an accident.
However, if a person is found to be partially liable for an accident, their damages may be reduced according to their percentage of fault. Under Texas law, if an individual's liability is greater than 51% of the total fault, they will not be able to recover any damages. This is known as the modified comparative negligence rule.
Truck Accidents Can Involve Multiple Liable Parties
Identifying the at-fault driver in the aftermath of the truck crash may prove challenging. There are several parties who could be held liable, including the drivers, employers, and truck manufacturers. This is what sets apart commercial vehicle accidents from typical automobile accident lawsuits, as a settlement could involve multiple individuals.
Sometimes, in motor accidents, the person driving the vehicle becomes the victim and is also found to be at fault. Legal professionals have the ability to determine the responsible party and can take legal action against them to obtain compensation.
What Makes Truck Accident Cases So Challenging?
Accident claims involving trucks are typically more difficult than those involving regular motor vehicles because of multiple factors.
To highlight a few issues that stand above the rest is the fact that the suit involves a commercial trucking company and truck drivers. Attorneys who specialize in investigating car or semi-truck accidents possess specific skills necessary to handle commercial parties. There are certain legal factors that can contribute to a car crash claim that a party will not be aware.
The Insurance Company Offered a Settlement for My Truck Accident Injuries
Trucking business insurance companies aim to reduce their losses, liabilities, and damages to safeguard their profits. If you receive a settlement, a lawyer can review its adequacy for your case. It's possible for internal and traumatic brain injuries to manifest even after leaving the truck, so ensuring the driver has adequate insurance is a low-cost way to facilitate complete recovery.
How Can My Austin Truck Accident Lawyer Preserve Evidence After A Truck Accident?
To protect your legal rights after a truck accident, it's important to collect evidence right away. Personal injury lawyers heavily regulate the industry, and collecting evidence such as photos of vehicle damage and injuries, videos of traffic patterns and weather, and contact information is critical.
This evidence must be gathered before vehicles are repaired or removed. Speaking with a lawyer who specializes in trucking accidents, such as an Austin trucking accident lawyer, can help you understand the legal process that will follow.
Using The Truck Driver's Statement
Obtaining the commercial truck driver's identity that drove the truck can aid in a more thorough investigation of truck accidents compared to relying solely on police or witness accounts. Truck accident lawyers can help drivers determine the cause of the accident by answering specific questions about the collision.
This process ensures that fault is not wrongly attributed without adequate evidence from both parties. By following certain steps, the attorney can gain insight into the driver's mental state and determine if unintentional behavior or distractions contributed to the crash.
Types of Compensation for Austin Truck Accident Victims
If your car was involved in a truck accident in Austin, you may be eligible for compensation. Our team will do our best to help you get the highest amount possible, taking into account both financial and non-financial losses.
These monetary losses are often referred to as "special injury economic damages" because truck accidents can result in significant expenses. To determine the extent of the damages, we will need to review your invoices, payments, and receipts related to the accident.
Who Must Pay for My Medical Bills?
Sometimes, even if the truck driver or the trucking company was not at total fault for your truck accident, but were a cause, they still may have to pay for damages. The settlement you receive should cover your injuries and expenses. Sometimes, the insurance company can provide the reimbursement, but you have to pay them back from your settlement. RRK attorneys can help you through the process of recovering what you're owed.
Why Hire an Austin Truck Accident Lawyer at RRK Law After a Truck Accident In Austin?
Truck accidents in Austin, Texas are a serious matter, and if you or someone you love has been injured in an accident involving a large truck, it is important to seek legal help right away.
Trucking accidents can be complicated cases, with many different factors at play. Our experienced truck accident lawyer (s) will thoroughly investigate the circumstances of your truck accident injury and help you recover the damages youâre entitled to.
At The Law Offices of RRK, our experienced truck accident lawyers are a team with a specialized focus who understand how challenging it can be to get your life back on track after an unexpected injury.
We will thoroughly review every aspect of your case and make sure that all of your rights are protected. We will work diligently to get you the maximum compensation that you deserve, including lost wages, medical bills, and pain and suffering.
No one should have to suffer through an injury alone, and our team of experienced Austin truck accident lawyers is here to help. Talk to our experienced truck accident attorney today for a free consultation if you have been injured in a truck accident in Austin, TX. We are here to get you the justice and compensation that you deserve.
In addition, if you have lost a loved one in a trucking accident, RRK Law Austin truck accident lawyers and associates specialize in helping victims of wrongful death in trucking accidents.
Our experienced truck accident victim lawyers have a unique approach that involves providing ethical counsel to the survivors of truck accident victims. If you are going through a difficult time and need advice, we are here to help. We offer accurate information and invite victims from Austin and Texas to call us and discuss their cases. Our goal is to assist you and help you in your time of grief by establishing a financial foundation as you adjust to the new life demands and challenges you will uniquely face.
Common questions Clients also ask:
How much are most truck accident settlements?
According to our analysis of truck accident settlements from 2015 to 2021, the average truck accident settlement amount was $42,909.88. This includes cases where the defendant was driving a large commercial truck like a tractor-trailer.
How much do lawyers take from truck accident settlements in Texas?
In Texas, the fee is always negotiable on a contingent basis in a truck accident PI claim. Typically, personal injury lawyers take around 25 to 40 percent of the final settlement amount as their fee, with the exact percentage depending on whether the case goes to trial.
What happens in Texas if someone sues you in a car or truck accident?
The damages awarded in a car/truck accident lawsuit are divided into two categories: economic and non-economic. Economic damages are intended to compensate for losses related directly to money, such as medical bills or lost wages due to the inability to work after an accident. Non-economic damages are intended to compensate for the pain and suffering caused by the accident, including emotional distress, disfigurement, or loss of quality of life due to disability. In some cases, punitive damages may also be awarded by a court if the defendantâs conduct was particularly egregious. Punitive damages are meant to further punish the defendant and deter them from engaging in similar behavior in the future.
No matter which type of damages are awarded, the court will take into account other factors such as negligence or fault before making a final decision. Compensation for these damages is meant to hold the at-fault party responsible and ensure that victims can receive the financial assistance they need to recover from their ordeal.
The amount of compensation may vary significantly depending on the severity of the injuries and losses suffered.
Additional Frequently Asked Questions: