Amongst the regular traffic on Texas’s highways are log-hauling tractor-trailers. Carrying thousands of pounds of logs at a time, these trucks are pivotal to the state’s economy. They also make for overwhelming road partners. To keep all drivers and cargo safe, the Federal Motor Carrier Safety Administration has imposed many rules and regulations regarding the weight of the traveling logs and the driver’s working conditions. These provisions keep accidents at bay, and failure to follow them can result in catastrophe.
If you have been in a truck accident involving a log truck, there are many potentially liable parties, including the truck company itself. Depending on the specific circumstances surrounding your accident, you may be owed compensation for your damages. To give yourself the best possible chance at adequate compensation, partner with a law firm possessing the knowledge and compassion necessary to establish a liability party and bring your claim to justice.
Determining Liability After a Log Truck Accident
Liability is determined through the four components of negligence and is used to assign fault in personal injury claims. The four components of negligence include:
- You were owed a standard of care
- That care was breached by a reckless or negligent act
- The breach resulted in an accident
- The accident directly caused your injury
There are many potentially liable parties in log truck accidents. Despite their size and stature, log trucks must adhere to the same rules of the road as other commercial drivers. This means no speeding, running red lights, or failing to yield. In fact, regulations on these trucks place even more scrutiny than other drivers.
The FMCSA requires they be a certain weight and size. The logs must also be secured in a specific fashion and cannot exceed the allowed weights or lengths. Failure to do so dramatically increases the chance of an accident, putting the log truck company at risk of liability.
Log truck accidents can involve many parts and pieces, and it’s possible the accident wasn’t caused by one party alone. Texas currently follows a modified comparative negligence law, meaning liability can be shared by multiple parties. This proportionate responsibility allows victims to file a claim and recover damages as long as they are deemed to be under 50% responsible for the accident. Their compensation will be adjusted as such.
How a Dedicated Attorney Can Help
A log truck accident can prove to be catastrophic in nature. Common injuries from accidents with a vehicle that size can include traumatic brain injuries, broken bones, and other long-lasting results. For those who have fallen victim to a motor vehicle accident due to the negligence of another driver or log company, the biggest mistake you can make is not partnering with an attorney immediately after your accident. While you focus on resting and recovering from your injuries, our team will get to work on the following important aspects of your case:
- Filing your claim with adherence to Texas’s statute of limitations
- Negotiating with the insurance company for a high settlement
- Gathering and assessing any relevant evidence
- Maintaining your scheduling
- Acting as a line of communication for your family and friends
Filing a claim on your own behalf typically results in a low settlement offer or even a dismissed claim. When you partner with an attorney, you are giving yourself the opportunity to receive a settlement offer that actually covers the total cost of your losses and allows you to move forward after your accident.
Injured in a Log Truck Accident? Consult a Compassionate Attorney Today
Don’t try to navigate the aftermath of your truck accident alone. Relieve some of the stress of filing a personal injury claim by putting your case in the reliable hands of Byrd Davis Alden & Henrichson, LLP. As one of the most distinguished and oldest plaintiff’s personal injury law firms in Austin, Texas, we pride ourselves on our people-first approach to the world of personal injury.
We provide compassionate yet aggressive services that include the guidance of a dedicated attorney throughout every step of the process, from the initial case evaluation to the final settlement agreement.
To see how we can best help you and your specific case today, call our nationally-recognized firm at 512-454-3751 or fill out our contact form today.
