RRK Law in association with other personal injury firms in Texas has a long history of serving truck accident victims. And our clients have benefited from our extensive personal accident and financial settlements.
Our legal prowess and long-standing association with award-winning trucking accident lawyers in Texas assure that the trucking industry's leading companies are held responsible for causing injuries and deaths in their vehicles. We are led by truck accident attorney Robert Kiesling in association with DC Law.
Do I Need a Lawyer in a Truck Accident Case?
While it is not mandatory to hire a lawyer for suing a trucking company, the odds may not be in your favor without the expertise of a skilled truck accident lawyer (Texas). It is important to note that trucking accidents differ from regular automobile accidents.
Truck accidents are becoming more complex due to numerous factors, which makes them harder to resolve and often subject to contestation, despite sharing similarities with other vehicle collision claims.
How a Trucking Accident Attorney Can Help Your Claim
A truck accident attorney can assist you in obtaining the necessary medical care recommended by your doctor. Commercial vehicle accidents can be extremely serious due to their large size.
If you are involved in a trucking accident, you could suffer serious injuries such as spinal damage, brain injury, paralysis, or even death. Working with a truck accident lawyer can help ensure your case is handled correctly and give you peace of mind. Our priority is to help our clients heal and we can provide access to advanced technologies in the field to assist with that process.
Determining Fault
Truck accidents can be extremely dangerous on highways, especially when an 80,000-pound truck is traveling at 55 mph. Despite efforts by some truck companies to operate safely, collisions with 18-wheelers often result in severe damage to smaller cars.
Some companies are not following federal truck safety regulations and properly inspect lead to accidents on the road and putting lives at risk.
If a truck crashes into another vehicle, there could be various parties responsible for the accident such as the other vehicle, the truck driver, the truck company, the truck manufacturer, or even the manufacturer of a specific part.
Determining the fault in such accidents involves assessing several factors, which authorities like police, insurance companies, attorneys, and state/federal investigators will examine. Some of the factors include those listed below.
Negligence
Driver fatigue
Driver impairment
Part Failure
Bad Hiring Practices
Failure to provide maintenance
Third-party causes
Improper loads
Failure to follow truck regulations
Negligence is a crucial factor in determining fault in truck accidents. Attorneys and insurance companies often use the concept of negligence to prove which driver was more careless by showing the driver's failure to exercise "duty of care." The determination of negligence is often based on the initial police report and other citations.
Eyewitness statements can also be important in determining negligence in a truck accident. It's important to consider the three negligence laws.
Pure Contributory Negligence
Pure contributory negligence in a truck accident means that if a driver is even slightly responsible for the collision, they cannot receive damages and are viewed as at fault.
If the defendant in a truck accident was willfully destructive or knowingly negligent, the plaintiff may dispute the contributory negligence rule. However, it is challenging to get around this rule as it demands the plaintiff to have almost complete innocence in a truck accident claim. Only a few states use this rule.
Pure Comparative Fault
In truck accidents, pure comparative fault allows for fault to be allocated between both drivers involved. This means that if the plaintiff is found to be partially at fault, they can only seek damages for the portion of the accident for which they are not responsible.
Regardless of the plaintiff's percentage of fault, the damages awarded would be calculated by subtracting their percentage of fault from the total damages.
Modified Comparative Fault in a truck accident lawsuit
Modified comparative fault is a rule that is similar to a pure comparative fault, except that in truck accident lawsuits, plaintiffs cannot sue for damages if they are found to be 50% or more at fault (or 51%, depending on the state's laws).
If you are involved in a truck accident, it can be difficult to determine who is at fault. That's why it's important to hire an experienced truck accident attorney who can help you with this. RRK Law in Austin, Texas specifically focuses on truck accident cases and can provide the guidance and protection you need.
Who Are the Liable Parties in a Trucking Accident Case?
Identifying the responsible party is crucial when investigating semi-truck collisions. This usually involves looking beyond just the driver at the scene and examining the company that hired the driver and anyone else involved in the operation. At the Law Offices of RRK, we take legal action against any party whose negligence led to the accident.
When a commercial truck is involved in an accident, it's different from accidents that involve only passenger cars. This is because the truck driver is often an employee of the trucking company that owns the truck. As a result, the trucking company - which is also called a carrier - can be held legally responsible for both the driver's actions and the safety of its trucks.
In addition to a truck driver and the carrier, several other parties may be liable for a truck accident. They may include:
The manufacturer of the truck and its parts.
Vendors providing services to the carrier.
The owner of the cargo.
A local government or contractor is responsible for highway design or maintenance.
If you or someone you know has been hurt in a truck accident, it may be necessary to conduct a separate inquiry into the collision to determine who is at fault for your injuries and other damages.
Our attorneys at RRK Law, LLC look into and litigate all kinds of serious commercial vehicles and truck accidents, working for individuals who have been harmed and families who have lost loved ones.
Truck and 18 Wheeler Accident Victims Who Hire Experienced Truck Accident Lawyers are More Likely to Recover Substantial Damages
Under Texas law, truck accident claims are considered personal injury claims. It's important to file a lawsuit within two years of the crash, even if settlement negotiations are ongoing. Failing to take legal action within this timeframe is against the law.
Victims of truck accidents in Texas and their families may be entitled to financial compensation based on the driver and trucking company's negligence.
What Compensation Can I Recover in a Truck Accident Claim (expanded)?
Truck accidents can result in severe injuries that cause a lot of pain, along with expensive medical bills and significant lost work time. Furthermore, the emotional harm can last for many years, if not a lifetime.
Fortunately, if the truck accident was not your fault, you are entitled to pursue compensation for the damages you suffered. The maximum compensation amount you can receive will depend on the specific losses you incurred.
In a truck accident case, you can receive three main types of damages: economic damages, non-economic damages, and punitive damages (but only in rare cases).
In the event that you have lost a loved one due to a truck accident, it may be possible for you to pursue compensation through a wrongful death lawsuit. Below, we will explore the specifics of the various types of damages that may apply.
Getting full compensation for damages after a truck accident can be challenging. To ensure that you receive the financial recovery you deserve, it is important to consult with a skilled truck accident attorney promptly.
You can receive a free consultation from RRK Law to discuss the specifics of your case and the total amount of damages. To start your free consultation, you can call (512) 436-2779 or reach out to us online.
Economic Damages You Can Collect for a Truck Accident
In a truck accident claim, economic damages (also known as special damages) are the losses that need to be proven to be recovered. These include verifiable monetary losses and are relatively simple to calculate for insurance purposes.
Medical Expenses
If you were involved in a truck accident, you have the right to receive compensation for all medical expenses incurred as a result of the accident. This includes costs such as hospitalization and treatment that relate to:
Emergency medical care
Doctor bills
Hospital stays
Prescription medications
Physical therapy
Other long-term or future medical care
In order to provide evidence for your medical damages, it's crucial that you visit a doctor promptly following your truck accident.
As truck accidents typically lead to severe injuries, you may require urgent medical attention. Seeking the required medical treatment is especially crucial for your insurance claim because:
Getting medical attention after an injury helps in understanding the severity of the injury and also proves to the insurance company that the injury requires treatment. Delaying medical attention may result in the insurance company disputing the seriousness of the injury.
It is important to follow all the treatment advice from your doctor to avoid the truck driver or their insurance company claiming that you did not take the necessary steps to minimize your damages. Additionally, it is crucial to keep track of all your medical expenses and maintain detailed records.
Lost Wages (covered in more detail below under the lost wages section)
Truck accident victims who can't work due to injuries (including emotional ones) may receive compensation for lost wages. This is important since being unable to work means less money for living expenses and accident-related costs.
Discuss with a truck accident lawyer experienced in handling such cases as soon as possible if you think that you are unable to return to work due to your injuries and may be eligible for compensation for "loss of earning capacity." Contact the Law Offices of RRK now! 512-436-2779.
Property Damage
Truck accidents frequently result in totaled vehicles, even if the collision was at low speeds. If your vehicle is damaged in a truck accident, you can seek compensation for repairs or replacement if it is deemed totaled. It's important to also consider any other personal items, such as electronics or jewelry, that were damaged in the accident.
Transportation
You may be able to claim travel expenses for trips to medical appointments and other necessary destinations related to the accident or your injuries.
Legal Fees
You don't have to worry about paying upfront costs for legal services if you hire a truck accident lawyer like those at RRK Law. They usually don't charge any fees unless they win your case and you only have to pay after your case has been resolved.
In fact, any costs associated with hiring the lawyer can typically be recovered from your claim. This includes legal advice and court-related services.
In order to claim economic damages, you must present evidence of the losses you have suffered and calculate the overall value of your damages. Doing this alone can be challenging or even unfeasible, so it is recommended that you seek the guidance of a proficient attorney who is well-versed in constructing claims related to truck accidents.
Non-Economic Damages You Can Collect After a Truck Accident
Examples of non-economic damages may include: General damages, also known as non-economic damages, which are treated in a different way than economic damages.
These damages are meant to compensate you for the physical or emotional suffering you go through due to the accident and their value is not predetermined. Examples:
Physical or emotional pain and suffering
Loss of enjoyment of life
Mental anguish
Scarring or other disfigurements
Fear, anxiety, or humiliation
Non-economic damages can be valuable, but they are challenging to quantify and demonstrate without hiring a lawyer. To estimate the worth of your economic and non-economic damages, your lawyer will use a complex formula.
Wrongful Death Damages After a Loved One Dies in a Truck Accident
Family members may file a wrongful death claim to collect damages if a loved one dies due to a truck accident. Damages often included in a wrongful death claim are:
Lost wages and benefits
Loss of care or companionship
Medical costs from the deceased’s last injury or illness
Funeral and burial costs
Pain and suffering the deceased endured before they died
Punitive Damages Are Available in Some Truck Accident Cases
Punitive damages may be collected in certain instances following a truck accident. These damages are not intended as compensation for the victim, but rather as a punishment for the responsible party and to deter future wrongdoing.
Punitive damages can only be awarded if the wrongdoer’s actions involved fraud, malice, or willful misconduct. For instance, if the victim of an accident involving a truck driver can prove that the driver was drunk at the time of the accident, punitive damages may be awarded.
How much do lawyers take from a car accident settlement in Texas?
Between 25 and 40 percent...
Typically, personal injury lawyers take around one-third of the final settlement as their fee, which can range from 25 to 40 percent. The percentage may vary if the case goes to trial.
How much are most truck accident settlements?
The average settlement amount for truck accidents is $42,909.88. This includes cases where the defendant was driving a commercial truck such as a tractor-trailer.
Common facts and questions that are or should be asked in a trucking accident claim:
How are commercial trucks classified?
In the United States, commercial trucks are classified based on their gross vehicle weight rating (GVWR) which determines their weight capacity, examples are below:
Class 1- GVWR ranges from 0 to 6,000 pounds
Class 2- GVWR ranges from 6,001 to 10,000 pounds
Class 3- GVWR ranges from 10,001 to 14,000 pounds
Class 4- GVWR ranges from 14,001 to 16,000 pounds
Class 5- GVWR ranges from 16,001 to 19,500 pounds
Class 6- GVWR ranges from 19,501 to 26,000 pounds
Class 7- GVWR ranges from 26,001 to 33,000 pounds
Class 8- GVWR is anything above 33,000 pounds
If you have inquiries about the truck that was involved in your accident, contact one of our lawyers specializing in Texas truck accidents.
What are the most common causes of trucking accidents?
Texas truck accidents can be caused by various factors. Some of the most common causes include truck drivers who are fatigued, drowsy, or impaired by drugs or alcohol, as well as distracted driving. It's important to note that using mobile devices while driving is prohibited by commercial vehicle regulations.
Not securing loads in large trucks is a major traffic violation that may result in a CDL suspension. Speeding or driving too fast in unpredictable weather conditions also poses a danger.
When these trucks fail to secure their loads, hazardous materials might spill onto the roads, leading to severe accidents. Neglecting proper turning or lane changing and inadequate vehicle maintenance is also concerning issues.
Do most Texas truck accident cases go to trial?
Several factors determine whether a truck accident case will go to trial. The clarity of liability in the case and the insurance company's willingness to offer a fair settlement are critical factors.
While most cases are settled outside court, our attorneys treat every claim as if it will go to trial. We do this from the beginning to ensure that you receive the best possible representation.
What if the police said I was at fault in a Texas truck accident?
Even if the police say you caused a truck accident, it's important to consult with a personal injury lawyer who has experience in these types of cases. Trucking accidents can be very complicated, and sometimes mistakes are made during the investigation.
A thorough examination of your accident and the vehicles involved might uncover new evidence that shows that you are not entirely responsible for the accident, or that you're not at fault at all.
But is a police report what determines my fault in court?
No, the police report alone cannot determine who is at fault for the accident. Other factors could contribute to the case, as mentioned earlier.
Moreover, the officer present during the incident may not be thoroughly equipped to provide a professional truck accident report. That's why it's necessary to hire an attorney who specializes in truck accident investigations.
They can contact eyewitnesses, search through maintenance records of the vehicle, seek the help of experts to study the accident and conduct additional research.
What should I expect when seeking compensation for a trucking accident?
Generally, to pursue compensation for a truck accident, it is important to note that the process may not be fair. Large trucking companies usually have teams of lawyers who work to investigate and dispute accident claims. This is done to minimize or eliminate the company's liability.
Large companies have more money to spend on legal battles, which can put individuals at a disadvantage when making truck accident claims. Trucking regulations and employer liability laws, including respondeat superior, further complicate these claims at both the state and federal levels.
It is important to hire a skilled commercial trucking accident claims attorney who specializes in trucking accident litigation. The Law Offices of RRK have almost a quarter century of success, in association with DC Law, in litigating lawsuits and truck accidents.
By utilizing the legal and financial resources of one of the biggest personal injury firm in Austin, coupled with your proficiency, you increase your chances of receiving the rightful compensation.
Lost wages continued:
If you get into a serious trucking accident, you may have to take time off from work because of your injuries. The length of time you miss work usually depends on how severe your injuries are and how physically demanding your job is.
In the worst cases, you might not be able to go back to your old job at all. You can receive compensation for the money you would have earned during the time you were unable to work.
Lost wages refer to any income that you were unable to earn or will not be able to earn in the future due to your injury. This includes both the wages you have already missed out on and the wages you will miss out on. Lost wages are usually categorized into three types:
Lost wages – wages you lost during a period you were unable to work.
Loss of earning capacity – if you have sustained a long-term disability from an accident and cannot make as much money as you did before your accident.
Lost opportunities – this would include things like missing a job interview while you were recovering.
Remember, if you had to leave your previous job due to injuries and are now working for less pay, you may be eligible to receive the amount that would make up the difference between your old job and your current one.
WORK WITH AN AUSTIN TRUCK ACCIDENT LAWYER THAT WINS (in association with DC LAW)
We are aware that accidents involving large commercial trucks can have devastating consequences. Our knowledge of the legal landscape in Texas and federal regulations will help us determine the liability for the accident.
We will keep you informed about your case and explain to the court why you deserve compensation for a range of damages, including medical costs, loss of earnings, physical and mental suffering, physical limitations, and disfigurement.
The Law Offices of RRK, LLC specializes in handling various types of trucking accident cases in Texas. Our knowledgeable semi-truck accident lawyers have expertise in state law, federal trucking regulations, and investigative techniques needed to manage a truck accident effectively, both in and out of court.
Moreover, we collaborate closely with a team of professionals comprising accident reconstruction specialists, life care planners, engineers, medical professionals, and forensic electronics specialists.
This team can retrieve and assess data from a truck's data recorder or "black box." Having these experts by our side, we can put forward a solid case that establishes the reason for the accident and the resultant injuries, as well as the magnitude of your physical and psychological impairment.
Find out more about what some of the finest attorneys in Texas can do for you after an Austin truck accident by calling 512-436-2779 or contacting us online.