Austin Truck Accident Lawyers

Commercial truck accidents represent some of the most devastating crashes on Texas highways, often resulting in catastrophic injuries, fatalities, and massive property damage. When an 80,000-pound 18-wheeler collides with a passenger vehicle, the physics alone virtually guarantee severe consequences for occupants of smaller vehicles. These accidents require immediate legal intervention due to their complexity, the multiple parties often involved, and the aggressive tactics employed by trucking companies and their insurers to minimize liability.

Byrd Davis Alden & Henrichson has successfully represented truck accident victims throughout Texas for over 65 years. Our experienced trial attorneys understand the unique challenges these cases present and have the resources necessary to take on major trucking companies and their insurance carriers to secure maximum compensation for our clients.

Types of Accidents

There are various types of truck accidents that can occur in Austin, each with unique causes and consequences. Understanding the type of accident is crucial for determining liability and building a strong case. Common types of truck accidents include:

  • Rear-End Collisions: These occur when a truck crashes into the back of another vehicle, often due to the truck driver’s failure to maintain a safe following distance or distracted driving.

  • Sideswipe Accidents: These happen when a truck and another vehicle are traveling side by side, and the truck swerves or drifts into the adjacent lane, causing a collision.

  • Rollover Accidents: These are particularly dangerous and can occur when a truck takes a turn too quickly, is improperly loaded, or experiences a tire blowout, causing the vehicle to tip over.

  • Jackknife Accidents: These occur when the trailer of a truck swings out to form a 90-degree angle with the cab, often due to sudden braking or slippery road conditions.

Each type of accident has unique causes and consequences, and it is crucial to determine the cause of the accident to identify the responsible parties. An experienced Austin truck accident lawyer can help you investigate the accident and gather evidence to build a strong case. Commercial truck accidents can be caused by driver error, vehicle maintenance issues, or environmental factors, and it is essential to identify the root cause of the accident to ensure that justice is served.

Common Causes of Truck Accidents in Austin, TX

At Byrd Davis Alden & Henrichson, LLP, we have experience handling numerous different types of trucking accidents. Common types of truck accidents we see include:

Distracted Driving

Also known as front-end collisions, head-on collisions are some of the most serious truck accidents. A truck can be involved in this type of crash for a variety of reasons, the most common of which is distracted driving. This can result in the truck driver speeding, failing to yield on time, not exercising the necessary caution, or flat-out ignoring traffic signs or stop signs. Truck drivers are given a stringent schedule to follow when operating the vehicles. This strict set of regulations limits the amount of time they can legally spend behind the wheel to minimize the risk of being overworked and overtired. It is crucial to consult an experienced truck accident lawyer for cases involving distracted driving to ensure proper legal representation and protection of victims’ rights. An experienced lawyer can help gather evidence to prove negligence, which is essential in establishing liability.

Improperly Loaded Cargo

When a truck’s cargo is improperly loaded or improperly secured, the cargo could shift during transit and abruptly change the truck’s center of gravity, which could cause the truck driver to lose control. If the cargo is not strapped down properly on a flatbed trailer or the straps break, the load could slide off the trailer. A load falling in the road can cause serious damage to other vehicles on the sides of and behind the truck.

Truck Malfunction

Occasionally, even the safest of commercial vehicle drivers can get into and indirectly cause an accident. When a truck malfunctions, sometimes there is nothing the driver can do. Common examples of malfunctions that could result in an accident include broken brakes, troubles with the engine, and flat or popped tires.

Driver Fatigue

Extended hours on the road can lead to exhaustion, impairing judgment and reaction times. Fatigue is a significant factor in many truck accidents, as drivers may fall asleep at the wheel or fail to respond to road hazards in time, often resulting in a negligent truck driver causing serious harm.

Speeding and Reckless Driving

Accidents involving large trucks are often caused by tight deadlines that push truck drivers to speed and engage in aggressive driving behaviors, such as tailgating and rapid lane changes. These actions heighten the risk of accidents due to the longer stopping distances required for large trucks.

Key Differences Between Car Accidents and Truck Accidents

Car accidents and truck accidents are both common occurrences on roads and highways, but there are significant differences between the two in terms of causes, severity, and legal considerations. Understanding these distinctions is essential, especially if you’ve been involved in such an incident or are seeking legal recourse. 

Complexity of Legal Proceedings

Truck accidents are generally more complex than car accidents, often involving multiple parties, including the truck driver, trucking company, and potentially the manufacturer of truck components. This complexity requires a thorough investigation to determine liability and pursue compensation. Effective truck accident litigation demands experienced legal representation to navigate these challenges and achieve successful outcomes.

Causes and Contributing Factors

One of the primary differences between car accidents and truck accidents is the underlying causes and contributing factors. Car accidents often result from factors such as:

  • Distracted driving
  • Speeding
  • Reckless behavior
  • Impaired driving 

In contrast, truck accidents are frequently attributed to factors specific to commercial trucking, such as:

  • Driver fatigue
  • Inadequate training
  • Improper loading or securing of cargo
  • Equipment failure
  • Mechanical defects 

Additionally, the sheer size and weight of commercial trucks can exacerbate the consequences of these factors, leading to more severe accidents and injuries. A commercial truck driver has the responsibility to maintain control of the truck and ensure timely stops to prevent collisions, especially in the context of failed braking accidents.

Severity of Injuries and Property Damage

Another significant difference between car and truck accidents is the severity of injuries and property damage. Due to their size and weight, commercial trucks can cause catastrophic damage in the event of a collision with a passenger vehicle. Truck accidents often result in more severe injuries, including:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Internal organ damage
  • Limb amputations

Moreover, the occupants of passenger vehicles are at a higher risk of injury in truck accidents due to the disparities in size and weight between the vehicles involved. As a result, truck accidents typically lead to more extensive property damage and higher medical expenses compared to car accidents. 

Common Injuries in Truck Accidents

Due to the size and weight of the vehicles involved, truck accident injuries often result in severe consequences. Common injuries include traumatic brain injuries, spinal cord injuries, fractures, and internal injuries, which can have long-lasting effects on victims’ lives.

Why Truck Accidents Are More Severe

The sheer size and weight difference between commercial trucks and passenger vehicles creates disproportionate damage in collisions. While a typical car weighs around 4,000 pounds, a fully loaded 18-wheeler can weigh up to 80,000 pounds. This massive weight difference means that even relatively low-speed truck accidents can cause severe injuries including traumatic brain injuries, spinal cord damage, multiple fractures, and internal organ damage.

Truck accidents also involve unique factors that increase their severity. The high center of gravity on tractor-trailers makes them prone to rollover accidents, which can crush nearby vehicles or cause multi-vehicle pileups. Jackknife accidents occur when the trailer swings around toward the cab, creating a massive obstruction across multiple lanes of traffic. These scenarios often result in chain-reaction crashes involving numerous vehicles.

Complex Federal Regulations

Commercial trucking is heavily regulated by federal agencies including the Federal Motor Carrier Safety Administration (FMCSA), which establishes rules governing driver qualifications, hours of service, vehicle maintenance, cargo securement, and safety inspections. Violations of these regulations can provide crucial evidence of negligence in truck accident cases.

Hours of service violations represent one of the most common regulatory breaches in truck accidents. Federal law limits how long drivers can operate without rest periods, but pressure from employers and tight delivery schedules sometimes lead drivers to falsify logbooks or exceed allowable driving hours. Fatigued truck drivers pose extreme dangers on highways, with reaction times and decision-making abilities severely compromised.

Statute of Limitations for Truck Accident Claims in Texas

In Texas, the statute of limitations for filing a personal injury claim or a personal injury lawsuit related to a truck accident is generally two years from the accident date. Adhering to this timeframe is crucial to preserving the right to seek compensation.

Legal Considerations and Liability

From a legal standpoint, there are also distinct considerations in car accidents versus truck accidents. In car accidents, determining liability may involve factors such as:

  • Driver negligence
  • Traffic violations
  • Adherence to road safety laws

Liability is often straightforward, with one or more drivers being held accountable for the collision. However, truck accidents can involve multiple parties and complex liability issues. Besides the truck driver, other potentially liable parties may include:

  • The trucking company
  • Vehicle manufacturer
  • Maintenance provider
  • Cargo loader
  • Third-party contractor

Identifying all responsible parties and proving liability requires a thorough investigation and a comprehensive understanding of commercial trucking regulations and industry standards.

Insurance Coverage and Compensation

Insurance coverage and compensation are also different in car accidents and truck accidents. Commercial insurance policies typically cover commercial trucks with higher liability limits to account for the increased risk, potential damages, and substantial medical bills incurred from injuries.

Additionally, trucking companies may carry specialized insurance policies that provide coverage for cargo, equipment, and other aspects of their operations. As a result, injured parties in truck accidents may have access to larger insurance settlements and compensation than those in car accidents. However, navigating the claims process and negotiating with insurance companies can be more challenging in truck accident cases, necessitating the expertise of an experienced attorney.

Federal Trucking Regulations

The trucking industry operates under strict federal regulations that govern commercial vehicles, including driver hours, vehicle maintenance, and safety standards. Violations of these rules can play a crucial role in establishing liability in truck accident cases.

Multiple Potentially Liable Parties

Liability in truck accidents may extend beyond the driver to include the trucking company, vehicle owner, cargo loaders, and manufacturers of truck parts. Assessing each party’s level of responsibility is essential to building a strong personal injury case.

Common Causes of 18-Wheeler Accidents

Driver error accounts for a significant percentage of truck accidents, but the causes often extend beyond simple negligence. Inadequate training by trucking companies can leave drivers unprepared to handle emergency situations or operate safely in various weather conditions. Some companies rush drivers through training programs to get them on the road quickly, compromising safety for profits.

Mechanical failures also contribute to numerous truck accidents. Poor maintenance practices, defective parts, or inadequate inspections can cause brake failures, tire blowouts, or steering system malfunctions. Trucking companies have legal obligations to maintain their fleets properly, and violations of maintenance requirements can establish liability in accident cases.

Cargo-Related Accidents

Improperly loaded or secured cargo creates dangerous situations that can lead to serious accidents. Overloaded trucks exceed weight limits and become difficult to control, particularly when braking or navigating curves. Unsecured cargo can shift during transport, causing drivers to lose control or creating road hazards when items fall from trailers.

Hazardous materials transport adds another layer of complexity to truck accidents. Crashes involving chemical tankers, fuel trucks, or other dangerous cargo can result in explosions, fires, or toxic exposures that create mass casualty events and environmental disasters requiring specialized legal expertise.

Multiple Liable Parties in Truck Accidents

Truck accident cases often involve multiple potentially liable parties, making these cases more complex than typical car accidents. The truck driver bears primary responsibility if their negligent actions caused the crash, but their employer may also be liable under respondeat superior doctrine, which holds employers responsible for employee actions performed within the scope of employment.

Trucking companies can face direct liability for their own negligent actions including inadequate driver training, pressure to violate safety regulations, poor maintenance practices, or failure to conduct proper background checks on drivers. Many trucking companies also face liability for negligent hiring if they employ drivers with poor safety records or inadequate qualifications.

Additional Liable Parties

Truck manufacturers may be liable if defective parts or design flaws contributed to the accident. This includes defects in braking systems, steering components, tires, or safety equipment that failed to perform as designed. Maintenance companies that service commercial fleets can face liability if improper repairs or inspections contributed to mechanical failures.

Cargo loading companies bear responsibility when improper loading techniques or failure to secure cargo properly causes accidents. Additionally, if another driver’s negligence contributed to the truck accident, they may share liability for resulting damages.

Building Your Truck Accident Case

Truck accident cases require immediate action to preserve crucial evidence before it disappears or gets destroyed. Commercial vehicles are equipped with electronic logging devices, GPS systems, and other technology that can provide valuable information about the driver’s actions leading up to the crash. However, this data may be automatically overwritten or deleted if not preserved quickly.

Federal regulations require trucking companies to maintain extensive records including driver qualification files, vehicle maintenance records, hours of service logs, and safety inspection reports. These documents often contain evidence of regulatory violations or unsafe practices that contributed to your accident.

The Importance of Expert Investigation

Truck accident reconstruction requires specialized knowledge of commercial vehicle dynamics, federal regulations, and industry standards. Our team works with qualified experts who can analyze physical evidence, review electronic data, and recreate the sequence of events leading to your accident. This expert analysis often proves crucial in establishing liability and demonstrating the extent of damages.

Medical documentation becomes particularly important in truck accident cases due to the severity of injuries typically involved. Comprehensive medical evaluations help establish the full extent of your injuries and provide evidence of future medical needs and limitations that may affect your ability to work or enjoy life.

We Protect The Rights Of Austin Commercial Truck Accident Victims

Our truck accident attorneys help accident victims and hold negligent parties accountable. We are committed to aggressively pursuing all compensation our clients are due. Trucks loom over regularly-sized vehicles on the roads and highways every day. They often weigh 20 to 30 times as much as passenger vehicles and require more time to break and more room to turn. 

These heightened features, when combined with a reckless or negligent driver, can result in a catastrophic accident for all parties involved. If you have been injured or lost a loved one in a collision with a commercial truck, we want to help you. Taking immediate action is crucial. 

Commercial trucking accidents require swift action to safeguard important evidence, including inspections of the vehicles involved before they can be tampered with. Connect with our Austin truck accident attorneys today for a consultation. We can discuss your case at our Austin office by phone or at a location that is most convenient for you.

How Can Our Austin Truck Accident Attorneys Help?

Truck accident cases often involve several layers of complexity. A dedicated truck accident attorney in Austin can guide you through every stage of your injury claim and handle all of the legal legwork so you can take the time you need to focus on your recovery and healing. While you concentrate on resting, our team will get to work on the following important aspects of your case:

  • Conduct an immediate investigation
  • Consult with highly qualified experts in accident reconstruction, engineering, trucking industry safety standards, and other fields
  • Establish liability
  • Collect and assess potentially relevant evidence
  • File your claim with the at-fault party’s insurance company
  • Maintain all scheduling
  • File your claim within Texas’s two-year statute of limitations
 

An Austin truck accident lawyer can also handle all communications and negotiations with the insurance companies. Insurance adjusters may use various tactics to try to get you to take the smallest payout possible. 

For example, they may try to get you to make a recorded statement or say something that could potentially be used to minimize your claim. Your attorney will be able to prevent that from happening. They’ll leverage the strength of the case they develop on your behalf to assertively negotiate for the full compensation you’re due.

What to Do Immediately After a Truck Accident

The moments following a truck accident can be chaotic and overwhelming, but the steps you take are crucial for your safety and the success of any future legal claims. Here’s what you should do immediately after a truck accident:

  • Ensure Safety and Check for Injuries: First, check yourself and others for injuries. If anyone is hurt, call 911 immediately. Even if you feel fine, it’s important to remain still and avoid moving anyone who is injured until medical professionals arrive, unless there’s an immediate danger, such as a fire.

  • Contact the Police: It’s vital to contact the police right away, regardless of the accident’s severity. An official police report is a key piece of evidence that can help establish fault and support your claims. The police will document the scene, take witness statements, and ensure that all legal procedures are followed.

  • Seek Medical Treatment:

    Even if you suffered injuries that seem minor, it’s essential to seek medical attention as soon as possible. Some injuries, such as internal trauma or whiplash, may not be immediately apparent but can have serious long-term effects. A thorough medical evaluation will document your injuries, which is critical for your health and any potential legal claims.

  • Gather Evidence: Collecting evidence at the scene is crucial for building a strong case. If you’re able, take photographs of the accident scene, including damage to vehicles, road conditions, traffic signs, and any visible injuries. Also, gather contact information from witnesses, as their statements can be invaluable later.

  • Exchange Information: Exchange contact and insurance information with the truck driver and any other parties involved in the accident. Be sure to note the truck’s license plate number, the driver’s name, the trucking company’s name, and any identifying details such as the truck’s USDOT number.

  • Avoid Admitting Fault: Be careful about what you say at the scene. Avoid making any statements that could be interpreted as admitting fault, such as apologizing or speculating about what happened. Even casual comments can be used against you later.

  • Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with accurate information, but avoid giving a recorded statement until you’ve consulted with a lawyer.

  • Avoid Signing Anything: Insurance companies may approach you with settlement offers or other documents to sign. Do not sign anything without first consulting with a lawyer, as these documents could waive your right to seek full compensation for your injuries and damages.

  • Consult with a Lawyer: Contact a lawyer experienced in truck accidents as soon as possible. They can guide you through the legal process, help preserve crucial evidence, and ensure your rights are protected from the start.

Taking these steps immediately after a truck accident can significantly impact your ability to recover physically, emotionally, and financially. Acting quickly and carefully is the best way to protect yourself and your legal rights.

Do I Need to Hire a Truck Accident Lawyer to Represent Me?

If you were severely injured in a truck accident due to a truck driver or trucking company’s negligence, you could be entitled to significant compensation for your medical expenses, lost wages, pain and suffering, and other losses. You need a skilled Austin truck accident lawyer who has a long track record of successfully representing truck accident victims. At Byrd Davis Alden & Henrichson, LLP, our truck accident attorneys know how to build a strong case and seek all types of compensation for injured clients. 

Truck accident cases often involve several layers of complexity. A dedicated Austin, TX truck accident attorney can guide you through every stage of your injury claim and handle all of the legal legwork so you can take the time you need to focus on your recovery and healing. 

A lawyer can also handle all communications and negotiations with the insurance companies. Insurance adjusters may use various tactics to try to get you to take the smallest payout possible. For example, they may try to get you to make a recorded statement or say something that could potentially be used to minimize your claim. 

Your attorney will be able to prevent that from happening. They’ll leverage the strength of the case they develop on your behalf to assertively negotiate for the full compensation you’re due. When you work with one of our Austin truck accident attorneys at our firm, you can feel confident that your case is in the best possible hands.

What Compensation Can You Recover in an Austin Truck Accident Lawsuit?

 
  • Past and future medical expenses
  • Loss of income
  • Diminished earning capacity
  • Physical pain and suffering
  • Physical impairment
  • Physical disfigurement
  • Wrongful death damages
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium
  • Punitive damages
 

We prepare cases for success in the courtroom. When the other parties in a truck accident case see that we are ready to win in court, we believe, they will be more likely to offer a settlement that justly compensates our client.

Factors Considered When Determining the Value of a Truck Accident Claim

Truck accidents can cause severe injuries, significant property damage, and long-term consequences for victims. Determining the value of a truck accident claim involves evaluating various factors that contribute to the total amount of compensation a victim may receive. 

Severity of Injuries

The severity of injuries sustained in a truck accident is a primary factor in determining the claim’s value. Serious injuries often require extensive medical treatment, rehabilitation, and long-term care. The more severe the injury, the higher the potential compensation for medical expenses, pain and suffering, and future medical needs.

Medical Expenses

Medical expenses are a significant component of a truck accident claim. This includes the cost of emergency care, hospital stays, surgeries, medications, physical therapy, and any future medical treatments needed due to the accident. Detailed medical records and bills are crucial in establishing the extent of the expenses incurred and expected in the future.

Lost Wages and Loss of Earning Capacity

Truck accident victims may be unable to work for an extended period or may suffer permanent disabilities that affect their ability to earn a living. Lost wages refer to the income a victim misses out on due to injury recovery time. Loss of earning capacity is considered to have a long-term impact on the victim’s ability to perform their job or work in their chosen profession. Documentation from employers and expert testimony can help quantify these losses.

Pain and Suffering

Pain and suffering refer to the physical pain and emotional distress experienced by the victim due to the accident. Unlike medical expenses or lost wages, pain and suffering are subjective and harder to quantify. Courts and insurance adjusters consider factors such as the nature of the injuries, the extent of the pain, the duration of recovery, and the impact on the victim’s quality of life. Personal statements, medical opinions, and expert testimony can support claims for pain and suffering.

Property Damage

Property damage includes the cost of repairing or replacing the victim’s vehicle and any other personal property damaged in the accident. Estimates from repair shops, receipts for property replacements, and insurance assessments are used to determine the value of property damage claims.

Liability and Fault

Establishing liability is crucial in a truck accident claim. Who is determined to be at fault can significantly impact the claim’s value. Trucking companies, truck drivers, vehicle manufacturers, and other parties may share liability. Evidence such as police reports, eyewitness statements, accident reconstruction reports, and driver logs can help determine fault and influence the claim’s value.

Insurance Coverage

The insurance policies of the involved parties play a significant role in the claim’s value. Commercial trucking companies typically carry higher liability coverage than standard car insurance policies. The available coverage limits can affect the total compensation a victim can receive. Understanding the insurance policies and their limits is essential in evaluating the claim’s potential value.

Comparative Negligence

Texas follows the comparative negligence rule, which means that if a victim is partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if a victim is found to be 20% at fault, their compensation will be reduced by 20%. Establishing the degree of fault through evidence and legal arguments is crucial in maximizing the claim’s value.

Expert Testimony

Expert testimony can significantly influence the value of a truck accident claim. Medical experts, accident reconstruction specialists, vocational experts, and economists can provide insights into the extent of injuries, faults, lost earning capacity, and future financial needs. Their testimony can help substantiate claims and provide a clearer picture of the damages.

Punitive Damages

In cases involving gross negligence or willful misconduct by the trucking company or driver, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar behavior in the future. Punitive damages can substantially increase the overall value of the claim but are only awarded in specific circumstances.

Contact Our Experienced Texas Truck Accident Attorneys

Truck accident cases demand attorneys with the experience, resources, and determination necessary to take on major trucking companies and their insurance carriers. These cases often involve millions of dollars in potential damages, making it essential to have skilled legal representation protecting your interests from the moment the accident occurs.

Since 1959, Byrd Davis Alden & Henrichson has successfully represented truck accident victims throughout Texas, recovering over $100 million for our clients while maintaining a 98% success rate. Our Board Certified Personal Injury attorneys have the trial experience and resources necessary to handle the most complex truck accident cases. We handle all cases on a contingency fee basis, meaning you pay no attorney fees unless we win your case. To discuss your truck accident case and learn about your legal options, call us at (512) 454-3751 or submit our contact form.