Texas Truck Wreck Attorney Blog

Truck drivers are professionals- in a way they are kind of like pilots- their job is driving. Given that a fully loaded 18-wheeler can weigh up to 80,000 pounds it is critical that the drivers know their rigs, and operate them safely.

The most frequently seen events of driver error in big rig accidents are:

• Trucks jackknifing across the roadway - (sometimes caused by the application of steer or braking on the tractor and the force of the trailer causing the jackknife;
• The drivers failure to timely apply the brakes and or faulty brakes on either tractor or trailer;
• Rigs moving into occupied lanes- poor lookout;
• Speeding or too fast for conditions- such as rain or fog;
• Driving while over the limit of in service hours-driver fatigue;
• Turning in front of oncoming traffic;
• Improper parking on or near roadway;
• Failing to inspect the rig; and
• Driver inattention.

In many 18-wheeler accidents we see a combination of factors that cause a wreck, from poorly maintained equipment to poorly trained drivers.

Trucking Company Negligence

Under the Federal Motor Carrier Safety Regulations a trucking company is generally responsible for the conduct of its drivers- in effect the Carrier stands in the legal position as the employer of the driver- even if the driver is a contact driver.

Common situations of independent trucking company negligence that contributes to an accident are:

• Failing to insure that the driver is safe, qualified to drive or free from substance abuse.
• Setting runs that require or permit the driver to exceed the allowable hours;
• Improper maintenance of a semi;
• Over weight loads permitted;
• Logbook violations go unchecked and the carrier has no system of checks and balances.

If you have lost a loved one in a big truck accident make sure that you get counsel who has a track record of success in holding trucking companies accountable in wrongful death lawsuits for the lives they have ripped apart.

Jackknifing is the loss of control of the trailer which usually ends up with the trailer at a sharp angle to the tractor. Once the trailer gets to a certain angle there is a "point of no return" for the truck driver-he is at that point along for the ride. The danger to the public is very great when a 50 to 80 thousand pound truck is out of control at highway speeds.

Jackknife accidents are very common it truck accident lawsuits and only second to rear end collisions in our experience. Many times the trailer ends up blocking the roadway while spinning at 50 plus miles per hour down the interstate. The result is sometimes literally cutting the top off the oncoming vehicles, which had no real chance of escaping the danger. The injuries in such cases are usually fatal.

Issues relevant to the jackknife truck case can be driver training, improper operation, improper loading, bad brakes or poor application of brakes, the mechanical condition of the tractor or trailer and the match of tractor to trailer.

We have been successful in pursuit of maintenance companies as well as other companies responsible for loading of the trucks in obtaining justice for the victims families in truck accident cases.

Many times 18 wheeler accidents result in the death of one or more of the occupants of the car struck by the tractor trailer. The possibility of death or serious injury is magnified by the sheer weight and size of the trucks. Trucks are much more difficult to stop and control than the family car. Trucking regulations such as driver hours and pre-trip inspections are an effort to make our roadways safer. However, estimates of traffic fatalities in the US are as high as 45,000 annually, many of these involve commercial trucks.

If you have lost a loved one in a truck accident get the best truck accident attorney you can find as soon as you possibly can as the earlier you retain a truck accident attorney the better position you put them to help your family. Be wary of hiring an attorney who does not have a significant track record in successfully prosecuting truck accidents.

Most truck accidents involve serious injury and /or death. Because a typical rig can weight up to 80,000 pounds, occupants of a 4000-pound passenger car have little chance to escape serious injury on impact. Given the serious injury potential of large commercial vehicles the minimum insurance required for commercial trucks over 10,000 pounds and subject to the Federal Motor Carrier Safety Regulations is $750,000. It has been our experience that motor carriers carry at least a 1 million dollar primary policy and most companies with more than a few trucks carry and umbrella policy.

The Federal Motor Carrier Safety Regulations specify larger insurance coverage for trucks carrying hazardous material and commercial passenger vehicles.

Given the propensity for serious injury and wrongful death arising from a 18 wheeler accident most insurance companies who underwrite large Truckers Insurance Policies have "quick response teams" on the site of the accident in 24 hours or less. The purpose of such teams is to gather information helpful in the defense of a wrongful death or serious injury lawsuit. The defense of truck accident cases frequently centers on efforts to shift responsibility from the driver or company to the plaintiff or other third parties.

Texas has thousands of miles of highways and include such major interstates such as I-10 running across the state east and west, I -45 and I -35 running north and south and major highways such other major highways as US 290 from Houston to Austin. Thousands of 18 wheeler tractor trailers travel each of these highways every day.

According to the 2007 annual report prepared by the Texas Department of Transportation we have over 360,000 registered commercial trucks operating in the US and over 50,000 registered Motor Carriers. The growth in the transportation business is expected to grown annually by double digits for the next several years. This all adds up to a huge number of trucks to be regulated and finite governmental resources to monitor carriers.

It has been reported that over 400 fatalities occurred in Texas due to commercial vehicle accidents in one year alone. According to the Federal Motor Carrier Safety Administration in 2006 alone we had 4,321 fatal accidents in the US involving commercial vehicles.

Most serious injury cases involving commercial vehicles on interstate highways are investigated by The Texas Highway Patrol which has a special accident reconstruction team equipped with the latest mapping and surveying equipment. In serious cases the Texas Highway patrol will "reconstruct" the accident and many times the results many come into evidence in a truck accident lawsuit. You can be assured that the insurance company insuring the trucking company will be at the scene of an accident involving a wrongful death with in 24 hours of learning about the accident. It is critical that the victim or the victim's family have representatives early on who are involved in the investigation of the accident before evidence disappears or vehicles repaired.

Some helpful links are:

http://www.txdps.state.tx.us - the Texas DPS

http://www.fmcsa.dot.gov - the Federal Motor Carrier Safety Administratio

Given the extreme weight of 18 wheeler tractor trailers the aftermath of a wreck is usually pretty ugly. Those lucky enough to survive many times have extremely serious injuries such as spinal cord fractures, traumatic brain injury, paralysis, and many require at least one surgery (if not multiple) at great expense.

Recovering from a tractor trailer accident can be job enough for anyone, yet the victims are also forced to pay high medical bills or deductibles at a time when they can not work which puts a heavy burden on the victim or their family. Some have good health insurance that pays most of the bills, others are faced with large out of pocket expenses and sometimes the medical expenses can go on indefinitely.

Fortunately, trucking companies usually have significant insurance coverage to cover legal injury damages such as:

• Physical pain and mental anguish
• Loss of earning capacity
• Disfigurement
• Physical impairment
• Medical care

These damages are posed to a jury to answer in both the past as well as the future.

Many times for permanent injuries with significant future medical expenses a life care planner is used to calculate the total lifetime cost of medical care. These professionals are Doctors who work with a team of medical professionals to protect the victim as far as future needs.

In cases where the victim of a trucking accident did not survive, the family seeks damages for the wrongful death and survival claims. The wrongful death case involves damages known in law as "pecuniary loss" which is the loss of the person and their economic contribution to the family. The human loss in a wrongful death case is called "loss of companionship and society" and a separate question is posed for "mental anguish".

In cases where the company of the driver acted with what is called "Malice" that is more than mere negligence, or thoughtlessness, exemplary damages may be appropriate and in Texas such damages have been capped by statute under recent "tort reform". Nevertheless, when exemplary damages can be submitted to a jury it can help the family recover economic justice for the bad actions of a trucker or his company.

Texas has thousands of miles of highways and include such major interstates such as I-10 running across the state east and west, I -45 and I -35 running north and south and major highways such other major highways as US 290 from Houston to Austin. Thousands of 18 wheeler tractor trailers travel each of these highways every day.

According to the 2007 annual report prepared by the Texas Department of Transportation we have over 360,000 registered commercial trucks operating in the US and over 50,000 registered Motor Carriers. The growth in the transportation business is expected to grown annually by double digits for the next several years. This all adds up to a huge number of trucks to be regulated and finite governmental resources to monitor carriers.

It has been reported that over 400 fatalities occurred in Texas due to commercial vehicle accidents in one year alone. According to the Federal Motor Carrier Safety Administration in 2006 alone we had 4,321 fatal accidents in the US involving commercial vehicles.

Most serious injury cases involving commercial vehicles on interstate highways are investigated by The Texas Highway Patrol which has a special accident reconstruction team equipped with the latest mapping and surveying equipment. In serious cases the Texas Highway patrol will "reconstruct" the accident and many times the results many come into evidence in a truck accident lawsuit. You can be assured that the insurance company insuring the trucking company will be at the scene of an accident involving a wrongful death with in 24 hours of learning about the accident. It is critical that the victim or the victim's family have representatives early on who are involved in the investigation of the accident before evidence disappears or vehicles repaired.

Some helpful links are:

http://www.txdps.state.tx.us - the Texas DPS

http://www.fmcsa.dot.gov - the Federal Motor Carrier Safety Administratio

Most major insurance companies who offer truck insurance have "Quick Response Teams" who are on retainer to drop what they are doing and get to the scene. We have had numerous situations where members of the quick response team for the insurance company have been at the accident site with in one hour of the accident. The purpose of such teams is to provide ammunition for the defense of a truck accident lawsuit which generally involves attempts to shift responsibility to the victim or even phantom vehicles who are long gone, if they even existed. Many "interviews" are conducted by defense attorneys for the trucking company are done not to find the facts but to ask leading questions in an effort to conform the facts to a defense. Usually such things as time and distance are time targets of the interviews with the questioner controlling the answers by how the questions are posed.

Photographs are taken to show the scene from the best vantage point of a blame shifting defense. Experts on accident reconstruction are typically hired and at the wreck site with in 24 hours after the insurance company learns of the accident, if the company perceives significant exposure on a potential claim.

The best way for victims to combat the responsibility shifting defenses of the insurance company is to get a competent attorney who has a successful track record of winning truck accident lawsuits and getting full monetary justice for the victim's family.