The Process of Pursuing a Personal Injury Claim After a Truck Accident in Texas
Anytime you fall victim to a car accident, the pain and suffering can be devastating.
The consequences can be even more catastrophic when your accident involves a large commercial truck.
As dedicated personal injury lawyers, we understand firsthand how severe the impact is when it comes to commercial truck accidents in Texas – for victims and their families. Together, we can fight for your rights to a fair settlement for the truck driver negligence that resulted in your accident.
What is Truck Driver Negligence?
Truck driver negligence is when a commercial truck driver fails to act safely on the road. This can include reckless behaviors such as driving under the influence, speeding, or failing to maintain the vehicle.
Compared to a passenger vehicle, a commercial truck’s sheer size and power can cause severe accidents with catastrophic results. Simply put, truck driver negligence can change your life in an instant – or even end it.
Breaking Down the Different Types of Truck Driver Negligence
The main types of truck driver negligence are as follows:
- Driver Fatigue and Hours of Service Violations
- Endless nights on winding Texas roads can be seriously demanding for commercial truck drivers.
With long stretches of highway ahead of them and strict timelines to adhere to, truck drivers can be tempted to drive to the point of exhaustion to keep on track. While federal regulations limit truck driver’s hours and require mandatory rest periods, these rules are sometimes broken to meet tight schedules.
When drivers exceed their maximum service hours, fatigue is bound to set in. This creates highly dangerous conditions for everyone on the road.
Distracted Driving Dangers
What is the first thing that comes to mind when you think of distracted driving? You probably think this type of truck driver negligence involves texting while driving. While you are correct, that is not the only way that truck drivers can become recklessly distracted:
- Navigation systems
- Eating and drinking
- Adjusting controls
- Radio or entertainment systems
- Paperwork
Even a moment of distraction in a commercial truck can lead to catastrophic consequences.
According to the FMCSA, over 3,500 lives were lost due to distracted driving and truck driver negligence in 2021.
In the interest of public safety, the FMCSA determined that the best way to regulate the use of cell phones while driving a commercial vehicle is to require that truck drivers do not reach, hold, dial, text, or read anything on their mobile devices while operating their vehicles.
Impaired and Drunk Driving
Drunk and drug-impaired driving is a major “no-no” for anyone operating a vehicle.
For commercial truck drivers, this is especially important. To keep the roads safe, truck drivers must face stricter standards regarding alcohol consumption. Texas truck drivers are considered over the legal limit of intoxication when their blood alcohol content is 0.04%. This is half the limit of regular drivers – possibly because their massive vehicles can do more than double the damage if they get into an accident.
Driving recklessly under the influence of alcohol, drugs, and certain medications can significantly impair judgment and reaction time, which is a major component of truck driver negligence.
Did you know that drunk driving claims the life of 1 person every 52 minutes? This sobering statistic should be proof enough that driving while impaired is a serious breach of trust and an easy way to cause a devastating truck accident in Texas.
Speeding and Reckless Behavior
Drunk driving isn’t the only reckless behavior that contributes to truck driver negligence. When truck drivers speed or drive recklessly, they put everyone on the road at risk – including themselves.
According to the NHTSA, speeding was a major contributing factor in 26% of all traffic fatalities, killing 9,378 innocent people in 2018 alone.
The sheer size, weight, and power of 18-wheeler trucks mean they have more trouble maneuvering their vehicles at high speeds and significantly increase their stopping distances. If a driver causes a truck accident in Texas, the force of the impact is far greater than a collision with two smaller vehicles—the risk of severe or even fatal injuries skyrockets.
Always drive at or below the speed limit to keep everyone safe on the Texas roads. Truck drivers should slow down even more during heavy storms or driving on rain-soaked or icy roads.
Cargo Loading Issues
Loading cargo properly is essential for safety on the road and avoiding truck driver negligence issues.
When trucks are not loaded properly, cargo can shift during transport, which can cause loss of vehicular control, spillage onto the roadways, and rollover accidents. Taking a little extra time to ensure your truck is packed correctly will save so much more in the long run.
Can You Sue a Trucking Company for Negligence in Texas?
Truck accidents in Texas can result in catastrophic injuries and, tragically, fatalities in some cases.
When road accidents are caused by truck driver negligence, the victims have the right to seek compensation for their injuries and property damages. A recent study shows that around 87% of truck accidents are attributed to truck driver negligence and driver error.
Sometimes, trucking company negligence is the cause of accidents, such as a lack of truck maintenance or overly strict timelines. Personal injury claims can be focused on whoever is at fault: the truck driver, the trucking company, cargo loading companies, or even vehicle manufacturers.
Your best chance at a fair settlement is to hire an 18-wheeler accident lawyer to fight on your behalf and prove truck driver negligence caused your accident.
How Angel Reyes & Associates Can Help You Take Action After a Truck Accident in Texas
You don’t have to be alone in the aftermath of your accident caused by truck driver negligence.
With over 30 years of experience handling auto accident cases in the Lonestar State, we have the ability and the passion to help you through any challenge you face. Our experienced team of truck accident attorneys is available 24/7 to discuss your case and explain your options for a personal injury claim in a free consultation. Don’t wait, don’t hesitate.
Anytime you have to deal with a truck driver negligence claim, the issues that arise can be overwhelming. Between dealing with the truck driver, the trucking company, and the associated insurance companies – the stress levels continue to rise. Just remember, you are not alone.
Research shows that if you hire a skilled attorney to help win your truck driver negligence case, you are likely to receive 3.5x more than you would if you tried to represent yourself. The compassionate team of truck accident attorneys at Angel Reyes & Associates is fully committed to helping you navigate these challenges with skill and empathy.
Contact us today for a free consultation, or stop by one of our offices in Dallas, Fort-Worth, Houston or Austin so you can meet face-to-face with your advocate, who is ready to fight for your rights and the compensation you deserve.. You’re in good hands with Angel Reyes & Associates.
