Truck Accident Attorney in Texas

Trucks passing the interstate in convoy heading to their destination.

If you or a loved one suffered an injury in a truck accident in Texas, Fleming Law wants to help. We understand the devastating impact a crash can have on you and your family. Our team of experienced and dedicated truck attorneys is ready to protect your interests and pursue the compensation you deserve. We’ve recovered millions of dollars on behalf of injured Texans, and we’re ready to put this commitment to results to work for you.

When you choose Fleming Law, you can expect personalized attention from our compassionate Texas truck accident lawyers. We can handle every aspect of your case, from investigating the accident and collecting evidence to negotiating with insurance companies and litigating your claim in court. We will keep you informed throughout the process, provide clear expectations, and advocate for your best interests.

Contact Fleming Law today to speak with a Texas truck accident lawyer at no cost or obligation.

What Are the Most Frequent Causes of Truck Accidents?

While many different factors contribute to Texas truck accidents, some of the most frequent causes are:

  • Driving under the influence – Drugs and alcohol impair judgment, coordination, and reaction times, increasing the likelihood of a serious mistake behind the wheel.
  • Drowsy driving – Truck drivers often work long hours and demanding schedules, leading to fatigue and drowsiness. Falling asleep at the wheel or reduced alertness significantly increases the risk of accidents.
  • Inexperienced drivers – Lack of experience or inadequate training can lead to poor decision-making, inability to handle challenging situations, or failure to comply with rules and regulations.
  • Traffic law violations – Breaking traffic laws by running red lights, ignoring stop signs, or improperly turning causes many truck collisions.
  • Speeding – Speeding increases the risk of accidents, as large trucks require a significant distance to stop and avoid collisions. It also increases the severity of a resulting collision, as force increases with speed.
  • Distracted driving – Distractions such as texting, eating, or adjusting the radio can keep a truck driver from noticing sudden changes in traffic or road conditions.
  • Unsecured load – Trucks must be loaded and secured correctly to prevent cargo from shifting during transit. Improperly loaded cargo can cause imbalance, affecting the truck’s stability and handling abilities.
  • Equipment failures – The failure of a critical component like brakes, tires, or assisted steering can cause a loss of control, leading to a collision. Poor vehicle maintenance or manufacturing defects can contribute to equipment failures.
  • Weather conditions – Bad weather such as rain, snow, ice, fog, or high winds can reduce visibility and make roads slippery, increasing the risk of truck accidents.
  • Poor road conditions – Roads with potholes, uneven surfaces, inadequate signage, and bad lighting can contribute to truck accidents, especially if drivers fail to react appropriately.

What Are the Most Common Types of Truck Accidents in Texas?

Some of the most common collisions involving large commercial vehicles in Texas include:

  • 18-wheeler accidents – Commercial trucks, known as 18-wheelers, involve a tractor unit that hauls a trailer unit with a combined 18 wheels. They are commonly used for long-haul transportation of a wide range of products and materials. Their size makes them particularly dangerous in a collision.
  • Trailer accidents – Commercial trucks often tow cargo with a detachable trailer. If the trailer is not adequately secured, it can become separated from the truck, with potentially dangerous results.
  • Tanker truck accidents – Tanker trucks transport liquids and gasses, such as fuel, chemicals, and other hazardous materials. Accidents involving tanker trucks can be particularly devastating due to the potential for spills, leaks, or explosions.
  • Jackknife accidents– A jackknife accident occurs when a truck’s trailer swings out to the side, forming an angle with the cab. This often happens when the truck’s wheels lose traction. Jackknife accidents often spread destruction across multiple lanes, putting occupants of nearby vehicles in danger.
  • Rollover accidents – A rollover accident involves a truck tipping onto its side or rolling over completely. These wrecks can occur due to factors like speeding, taking turns too fast, shifting cargo, or uneven weight distribution. Rollover accidents are highly destructive and can affect multiple lanes of traffic.

Why Are Truck Accidents Worse Than Car Accidents?

Truck accidents are often far more dangerous and damaging than car accidents. That’s because commercial trucks are significantly larger and heavier than passenger vehicles. A fully loaded truck can weigh up to 80,000 pounds, while the average passenger car weighs around 3,000 to 4,000 pounds. This size and weight disparity results in a greater force of impact when a collision occurs, potentially causing more severe damage and injuries.

Due to their weight and size, trucks also require a longer distance to come to a complete stop compared to cars. This longer stopping distance can make it challenging for truck drivers to avoid collisions. Factors like hazardous road conditions, stormy weather, and driver error can exacerbate this challenge. Contact our Texas truck accident lawyer today.

What Are the Most Common Injuries from a Truck Accident?

Truck accidents often result in injuries, but their severity and type vary depending on factors such as the speed of the vehicles, the angle of impact, and the number of vehicles involved.

Some common injuries from truck accidents in Texas include:

  • Whiplash – Whiplash is a soft tissue injury caused when the head suddenly jerks forward and backward, resulting in strain and sprain to the neck’s muscles, ligaments, and tendons. Symptoms may include neck pain, stiffness, headaches, and reduced range of motion.
  • Fractures – The force of impact in a truck accident can break bones in the arms, legs, ribs, or pelvis. These injuries range from simple breaks to more severe compound fractures that may require surgery.
  • Traumatic brain injuries (TBIs) – TBIs can occur when the head strikes an object or experiences a violent jolt. These injuries can range from concussions to more severe injuries like brain contusions, hemorrhages, or diffuse axonal injuries. TBIs can result in cognitive impairments, memory loss, difficulty concentrating, mood changes, and other neurological symptoms.
  • Spinal cord injuries – The impact of a truck accident can cause damage to the spinal cord, the conduit of messages between the brain and the rest of the body. Damage to this conduit can lead to partial or complete loss of sensation and motor function.
  • Back injuries – Truck accidents often cause back injuries, such as herniated discs, spinal fractures, and back strains. These injuries can result in limited mobility, tingling, numbness, and chronic pain.
  • Internal injuries – The force of impact can damage organs such as the lungs, liver, spleen, or kidneys. Internal injuries can become life-threatening if not promptly diagnosed and treated.

In the aftermath of a truck accident, it’s essential to prioritize your health and well-being. If you or a loved one has suffered injuries in a truck accident in Texas, contact a dedicated Texas truck accident attorney at Fleming Law today. Our experienced legal team is here to help you navigate the legal process, seek the compensation you deserve, and ensure your rights are protected. Your path to recovery starts with the right support – reach out to us now for a consultation.

What Should I Do If I Have Been Involved in a Truck Accident in Texas?

If you’ve been in a Texas truck accident, you must take specific steps to protect yourself and your rights. Prioritize your safety and well-being. Seek medical attention regardless of how minor your injuries may seem, and follow your doctor’s instructions completely. Take the time that you need to heal and recover.

Next, start compiling useful evidence to file a claim for compensation after your Texas truck accident including:

  • Doctor’s bills
  • Medical records
  • Accident scene photos
  • Eyewitness contact information
  • Insurance correspondence

Be careful who you talk to and what you tell them about the accident. Insurance companies can use anything you say against you to undermine your compensation claim. Most importantly, consult an experienced truck accident lawyer who can pursue your claim while you focus on recovering.

Who Can Be Held Responsible for a Truck Accident?

Depending on the circumstances, any or several of the following parties could be responsible for a truck accident:

  • Truck driver – The primary responsibility often lies with the truck driver if their negligent actions contributed to the accident. This negligence may include drunk driving, fatigued driving, texting while driving, driving at an excessive speed for the conditions, or failing to check blind spots.
  • Trucking company – The trucking company may be held responsible if it acted negligently in its hiring and training practices, failed to adequately maintain its trucks, or pressured drivers to violate safety regulations. Employers are also generally liable for the on-the-job actions of their employees.
  • Truck manufacturer – If a defect or malfunction within the truck or a component caused the accident, the manufacturer may be held responsible.
  • Maintenance and repair contractors – If the accident resulted from inadequate maintenance or faulty repairs, the responsibility may fall on the contractors responsible for servicing the truck.
  • Government entities – If hazardous road conditions, inadequate signage, or other factors under the control of government entities caused the accident, they could bear at least partial responsibility.
  • Other involved parties – Other potentially liable parties include cargo loaders, shippers, or third-party contractors involved in the transportation process, as well as other drivers.

How Is Fault Proven in a Truck Accident?

Proving fault in a truck accident requires a thorough investigation to gather compelling evidence, such as:

  • Accident scene investigation – Law enforcement authorities or accident reconstruction experts visit the scene to gather evidence. This may include taking photographs and measurements, creating diagrams of the accident scene, and documenting road conditions, skid marks, and debris.
  • Police report – The responding peace officer will compile their findings into an accident report, including details about the accident, statements from involved parties and witnesses, and any traffic violation citations.
  • Forensic mechanical review – The vehicles involved in the accident may require an inspection to determine the extent of damage and any mechanical failures or defects. This examination can provide valuable evidence about the cause of the accident and potentially identify contributing defects or mechanical failures.
  • Electronic data analysis – Many modern commercial trucks are equipped with event data records that capture information about the vehicle’s speed, braking, acceleration, and other relevant factors leading up to an accident. This data helps investigators reconstruct the sequence of events and determine if any violations or negligent actions occurred.
  • Witness statements – Statements from people who saw the accident unfold can provide valuable information about what happened and in what order, identifying potential negligent actions and suggesting who may be at fault.
  • Expert opinions – In complex cases, expert witnesses may apply their specialized knowledge to analyze the evidence, reconstruct the accident, and anticipate how a victim’s injuries will continue to affect them in the months and years to come.

What Damages Can Be Recovered in a Texas Truck Accident Claim?

In Texas, truck accident victims may seek compensation in the form of damages for:

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Property damage

An experienced Texas truck accident attorney can help calculate your expenses so you can pursue full compensation for your losses.

Are There Federal Regulations Truck Drivers Must Follow?

Interstate truck drivers must follow regulations established by the Federal Motor Carrier Safety Administration (FMCSA), an agency within the U.S. Department of Transportation.

Here are some key federal regulations that truck drivers and their employers must follow:

  • Licensure regulations – Commercial truck drivers must obtain a commercial driver’s license (CDL) from the Texas Department of Transportation. Depending on which type of CDL a driver is applying for, they may need to complete entry-level driver training, knowledge and driving tests, and medical certification.
  • Drug and alcohol regulations – Under federal regulation, truck drivers cannot consume or be under the influence of any amount of alcohol within four hours of driving a commercial truck or going on duty. Federal regulations also forbid drivers from being under the influence of drugs or impairing substances that would prevent them from safely operating a motor vehicle. Trucking companies must implement alcohol and drug testing following the FMCSA requirements.
  • Hours of service regulations – Truck drivers must comply with hours of service (HOS) regulations, which limit the number of hours they may drive or remain on duty.
  • Inspection and maintenance regulations – Trucking companies and drivers must comply with systemic inspection, repair, and maintenance regulations. Drivers must complete a daily inspection report, which the company or its agent must keep for at least three months.

What Is the Texas Statute of Limitations for a Truck Accident Lawsuit?

Under Texas’s statute of limitations, truck accident victims have two years to file a personal injury lawsuit against any at-fault parties. Filing after the deadline can result in the case being dismissed from court. Waiting too long can also jeopardize access to critical evidence and lessen negotiating power with insurance companies. You should consult a truck accident lawyer as soon as possible to explore your legal options for pursuing compensation.

Contact a Texas Truck Accident Lawyer

If you are ready to take the first step toward recovery, so is Fleming Law. We’ve been handling truck accident claims in Texas for over 30 years and are ready to put this experience at your disposal. Contact Fleming Law today for a free consultation with an experienced Texas truck accident lawyer, and find out what we can do for you. Texas personal injury lawyer.