Austin Truck Accident Lawyers

Do you need a lawyer for a truck crash in Austin?  The Austin Truck Accident Lawyers at Michael P. Fleming & Associations, P.C. help victims of truck accidents in Austin pursue damages for their injuries, property loss and pain and suffering. Our Austin truck accident lawyers help victims of negligent truck drivers with a thorough investigation, representation and an aggressive team that fights for you or your loved one.

Austin’s immense growth has landed the city as the fastest-growing metro area in the United States. The population grew by 2.8% in 2019 with great work opportunities and a growing city that has added over a dozen skyscrapers in the last year. As a major hub between San Antonio and Dallas, the highways are filled with more trucks every year, especially Interstate 35 – the main route for 18-wheelers.

Big rig drivers are held to a higher standard in Texas with all big rig drivers required to obtain their Commercial Driver’s License (CDL) by:

  • Completing a minimum number of training hours
  • Passing a skills and knowledge test
  • Adhering to State and Federal motor carrier guidelines

Contact Michael P. Fleming & Associates, P.C. for a FREE consultation today (512) 877-6804.

How Our Austin Truck Accident Attorneys Will Handle Your Truck Accident Case

Big rig accidents are different than a traditional accident. You won’t call a regular insurer to file a claim. Instead, the process will involve you:

  • Bringing a claim against the trucker’s employer rather than the insurance company.
  • Dealing with insurers that have larger policy limits. Commercial insurance policies allow victims of accidents to be compensated for surgery, medical and therapy costs as necessary.
  • The trucking company will always have their own lawyers working to defend them against lawsuits, they aim to reduce the settlement for your claim. You need to work with an experienced attorney that specializes in trucking accidents in Austin, lawyers who can maximize your compensation.
Distracted truck driver

18-wheeler accidents are more common than you think in Austin

Your case deserves the BEST representation to seek a settlement that is in your best interest. Our lawyers know how to:

  • Preserve key evidence
  • Subpoena the right records
  • Examine all accident and crash reports
  • Negotiate with aggressive defense attorneys
  • Contact eyewitnesses

The earlier we start on your case, the better. Eyewitness accounts are fresh, and evidence may still be available immediately after an accident. A week or two later and you may overlook key witnesses or evidence that was once available and no longer is.

We handle your case from the very start with a goal to determine negligence.

Was the Trucker Negligent or the Trucking Company?

Negligence dictates which party is responsible for your trucking accident. Our lawyers will work quickly on your case to:

  • Investigate the accident by speaking to key witnesses, talking to police, reviewing crash reports and gathering any video surveillance that’s available.
  • Review the driver’s driving history in an effort to find prior convictions for driver violations. If the driver has a history of violations, an in-depth investigation will occur.
  • History investigation will begin to determine the extent of negligence and responsibility of the trucking company. If the trucking company hired the driver knowing that the driver should not have been driving at all, the trucking company’s contribution to negligence rises.
  • Demand maintenance records of the vehicle to ensure that a maintenance issue was not the cause of the accident.
    We dedicate the time and resources to your case required to build a strong case against the driver or trucking company. You can still receive compensation even if you’re partly at-fault for the accident.

“Proportionate responsibility” is followed under Texas law.

The law is such that you’re only unable to seek compensation if your fault is greater than the fault of the other parties involved. For example, if you were driving intoxicated and swerved into the truck’s lane causing the accident, you would not be able to seek damages.

If your accident was caused by the opposing driver or they held the majority of the fault for the accident, we’ll seek damages for:

  • Lost wages
  • Future lost wages
  • Property damage
  • Loss of enjoyment
  • Pain and suffering
  • Emotional distress
  • Current medical bills
  • Future medical costs

Our Austin accident attorneys need to examine the facts of your case to estimate the potential case worth.

If your loved one died in the accident, we can pursue a wrongful death case against the opposing parties. A wrongful death claim is different than a traditional accident claim in Austin. When seeking a wrongful death settlement, the following parties may file a lawsuit:

  • Surviving spouse
  • Children
  • Deceased’s parents
  • Executor of the estate*

*The executor of the estate can only file a claim if the other parties listed do not file a wrongful death claim within three months of the person’s death.

Wrongful death claims can seek additional damages, including:

  • Loss of financial support
  • Loss of the deceased’s services

We’ll pursue your case with the goal of maximizing your settlement and working to ensure justice is served.

What Can Cause A Truck Driver to Have an Accident?

Austin’s busy streets are becoming more dangerous as the city’s population continues to grow. Annually, semi-trucks are responsible for 433 fatalities and 879 serious injuries in Texas. The main causes for accidents and fatalities are:

Distracted Driving

Distracted driving is on the rise, with one report finding that 70% of truck accidents occur because a driver is distracted. Drivers can be distracted by:

  • Cell phone use
  • Drinking
  • Eating
  • Dropped items
  • Talking to passengers

Fatigue

Truck drivers have deadlines to meet and loads to deliver. Traffic, longer load times and rush deliveries lead to truckers pushing their limits and driving while fatigued. Fatigue can be caused by driving for too many hours or not stopping to rest.

The FMSCA requires truckers to:

  • Drive a maximum of 11 hours after 10 hours of rest
  • Drive within a 14-hour time limit after 10 hours of rest
  • Drive only if less than 8 hours have passed since the driver’s last rest break
  • Adhere to the 60/70-hour limit when on duty for 7/8 days respectively

If truckers do not adhere to the requirements above, it can lead to dangerous driving, loss of reaction time and result in a truck accident.

Aggressive Driving

Aggressive driving is common, especially when running late or trying to adhere to strict FMCSA guidelines. A trucker may be aggressive driving if:

  • Speeding
  • Changing lanes
  • Following too closely

Under the Influence of Alcohol or Drugs

Alcohol and drugs alter the driver’s ability to drive responsibly and maintain reaction speed. The use of drugs does not stop at narcotics. Sleep medications and other medications can cause drowsiness or impact the trucker’s ability to drive safely.

Other Common Reasons for Trucking Accidents in Austin

Accidents may also be caused by:

  • Failure to yield
  • Careless driving
  • Vision obstruction
  • Failure to keep in a proper lane
  • Overcorrecting
  • Failure to obey traffic signs

Contact Michael P. Fleming & Associates, P.C. for a FREE consultation with an Austin truck accident attorney.

Michael P. Fleming is a highly experienced litigator who has argued and won a case before the U.S. Supreme Court. He is a Houston resident who was twice elected to serve as the Harris County Attorney. He is also an avid runner who has completed eight marathons, to date, including two in Ireland. Only a small group of Texas lawyers are Board Certified as specialists in both Personal Injury Trial Law and Real Estate Law. Michael is one of them. He also proudly holds his B.A. degree from the University of Saint Thomas and his J.D. degree from the University of Houston College of Law.