A truck driver crashes their vehicle into your car, and you suffer an injury. Or a family member is killed as a result of a negligent trucker’s actions. In these instances and others where you or members of your family get hurt or killed, seek legal help. Partner with Houston truck accident lawyers who put your health, well-being, and safety front and center. 

The Law Firm of Aaron A. Herbert, P.C. offers legal services and support in Houston, TX. Let our Houston personal injury attorney review your truck accident case. Contact us today to get started. 

Truck Laws

A truck accident lawyer can teach you about federal and state regulations. If a truck driver or their employer violates these, they can be held financially responsible for an accident. Here are laws that could impact your case.

Hours of Service (HOS)

The Federal Motor Carrier Safety Administration (FMCSA) has hours of service (HOS) requirements. These limit the amount of time that a trucker is allowed to spend driving their vehicle. They help protect against fatigue and exhaustion that can contribute to accidents. 

Size and Weight Restrictions

According to the Texas Department of Motor Vehicles (DMV), a truck’s gross weight cannot exceed 80,000 lbs on state highways. Also, there are height, length, and width limits for trucks traveling on highways. If a driver is operating a truck that does not comply with these restrictions, they could cause an accident that leads to injuries and fatalities. 

Commercial Driver License (CDL)

To legally operate a truck, an individual must have a valid commercial driver’s license. This confirms a trucker has the specialized skills required to drive a large vehicle. A CDL also verifies that a truck driver understands the rules of the road. 

Along with these, truck companies can require their drivers to complete pre-employment drug and alcohol tests and other pre-employment screenings. These tests are not legally obligated. However, they help ensure that a truck company is hiring a driver who is well-equipped to travel safely. 

Truck companies may also continue to assess their drivers’ skills and knowledge after they hire them. They can perform random drug and alcohol tests and other tests. If a driver fails these tests but is still allowed to get behind the wheel, they could put other motorists and pedestrians in danger. Even worse, they could cause an accident, and this individual and their employer may be liable. 

Who Is Responsible for a Truck Accident?

Truck accident lawyers will review the facts of an accident to determine who is at fault. In many instances, a trucker or their employer is responsible. Other possible at-fault parties include:

• Cargo loader
• Government entity
• Mechanic
• Safety inspector 
• Truck manufacturer

To identify any liable parties, consult with a truck accident attorney. For example, a Texas highway accident lawyer can find out how your crash happened. They will consider who was involved and other factors. They can determine who is at fault and help you seek damages.

Damages You Can Request in a Truck Accident Lawsuit

Truck accident attorneys may encourage their clients to pursue economic and non-economic damages. You could receive both types of damages depending on the losses you have incurred in your accident. Here are the damages you may recover. 

Medical Bills

You suffer an injury that requires extensive treatment. On top of that, these treatments are expensive. A Houston truck accident lawyer can add up your medical bills. They will account for your current and future medical expenses, making sure you request damages that serve you well now and in the future. 

Pain and Suffering

Houston truck accident attorneys understand the challenges that come with calculating pain and suffering damages. They may ask you questions to understand just how much your accident has affected your emotional and mental well-being. This can give an attorney insights to help them determine what is reasonable compensation for pain and suffering. 

Lost Income

You lose money since you cannot work due to injury. Houston truck accident attorneys consider your lost income carefully. If your injury prevents you from working for days or weeks, your lawyer will make sure you request compensation for these losses. Alternatively, if you suffer a permanent disability, your attorney may ask for damages that cover you for the rest of your life.

Car Repairs or Replacement

If your car is damaged, get legal help. A Houston car accident lawyer can review your auto repair costs, rental car expenses, and similar charges you incur after a truck driver slams their vehicle into yours. They can request compensation to cover the costs of repairing or replacing your car. 

Loss of Enjoyment

Following your truck accident, you may not be able to enjoy your life the same way you did in the past. For instance, you are involved in a sideswipe accident with a truck. The incident is emotionally taxing, and you are no longer comfortable driving your car. At this point, ask a Texas sideswipe accident lawyer for help. They can pursue damages for loss of enjoyment and similar losses for you. 

Trucking accident lawyers treat each case as an opportunity to get damages for their clients. To secure damages, you will have to provide a body of evidence to support your argument. You will also have to submit your claim for compensation in accordance with the statute of limitations. 

How Much Time You Have to File a Truck Accident Lawsuit

Per Texas Civil Practice & Remedies Code section 16.003, there is a statute of limitations of two years for personal injury lawsuits. If you are involved in a truck accident, pursue damages right away. After two years, you may be ineligible to ask for damages from any liable parties. 

A trucking accident lawyer can take a look at your case within days of your accident. When they do, they can explain your legal options to you. They may help you ask a liable party’s insurance company for compensation. 

Insurance Requirements for Motorists and Truckers

You are responsible for shopping for auto insurance and buying a policy before you operate a car in Texas. It is against the law to drive a car without insurance coverage. Much in the same way, there are insurance requirements for trucks on roads in Texas and across the United States. 

FMCSA has insurance filing requirements. If a trucker or their employer is uninsured, the financial consequences of their actions can be severe. Because if a truck driver causes an accident in which they are at fault, this individual or their employer may have to cover any crash-related losses on their own. 

How a Truck Accident Insurance Claim Works

A trucking accident attorney can explain the insurance claims process in detail. After your accident, you can report the incident to your insurer. When you do, your insurer can reach out to the other party’s insurance provider. Together, both insurance companies can investigate your accident and determine who is at fault. 

Trucking accident attorneys understand what can happen throughout the claims process. Even if you are in no way at fault for your accident, a liable trucker, their employer, or another liable party can claim you are responsible. In this situation, an insurance company may dispute your claim. 

There is also the chance that a liable party’s insurance company will offer you a lowball settlement. If you approve this proposal, you settle for less than what your case is actually worth. As a result, you may have to cover some or most of your accident-related losses out of your own pocket. 

Semi-truck accident lawyers can help you negotiate with an insurance company. Throughout your litigation, they will keep you updated about these negotiations. If you get a settlement offer, you can review it with your attorney. On the other hand, if no settlement is reached, you can bring your case to trial. 

How a Truck Accident Lawsuit Works

A semi-truck accident lawyer can discuss all that a personal injury lawsuit entails. You may have to move forward with a lawsuit if a liable party does not offer you a fair settlement. It can also be a good idea to submit a lawsuit if an at-fault party is uninsured or underinsured. 

As an example, a truck driver causes your accident but does not have any insurance coverage. In this scenario, a Texas uninsured vehicle accident attorney can help. Your lawyer can help you request damages directly from the liable trucker. They can build a case designed to help you secure maximum compensation. 

In a lawsuit, you submit your request for damages and wait for a trial. As you get ready for your trial, a semi-truck accident attorney can pursue a settlement. Semi-truck accident attorneys keep the lines of communication open. If the defendant or their attorney proposes a settlement, your attorney will let you know. 

If your case goes to trial, your attorney presents evidence and argues on your behalf. In the best-case scenario, your case is clear. A judge or jury agrees that you deserve damages. As such, you get 100% of the damages you initially requested. 

Evidence You Can Use in a Truck Accident Lawsuit

18-wheeler accident lawyers understand the value of evidence. Your proof can compel a judge or jury to rule in your favor. There are many pieces of evidence you can use in your lawsuit, including:

• Accident scene photos and videos
• Black box data
• Cell phone records
• Police report
• Truck company records
• Witness statements

Your 18-wheeler accident lawyer can help you gather evidence. If you have a strong body of proof, the defendant in your lawsuit may have concerns. These could lead the defendant to propose a settlement that lines up with your expectations. 

Proving Negligence in Your Lawsuit

An 18-wheeler accident attorney can help you prove that the defendant in your case is fully responsible for your crash. You are responsible for showing a liable party was negligent. If you cannot, this party may only be required to pay a portion of the damages you request or none at all. 

In truck crash lawsuits, 18-wheeler accident attorneys look for ways to prove the following elements of negligence were present at the time of the incident:

• Duty of Care: This refers to a legal requirement in which a truck driver, their employer, or another party is expected to avoid acts that could put you and others in danger.
• Breach of Duty of Care: When a party violates their duty of care, they put you and others at risk. 
• Causation: Due to a party’s actions, you are involved in a truck accident. 
• Damages: The accident leaves you with quantifiable or subjective losses. 

How you prove negligence depends on your case. To understand this, consider an example involving a trucker who drives faster than the posted speed limit and crashes their vehicle into the rear of your car. 

In this example, hiring a Texas rear-end accident attorney can make a world of difference. Your lawyer can collect evidence and craft an argument to show that the trucker was negligent. If they are successful, you will get damages you can use to fix your car and cover other accident-related losses. 

How Comparative Negligence Applies to Your Case

Texas has a proportionate responsibility statute in effect. Based on this, you can be partly at fault in a truck accident. Your percentage of fault determines if you can still recover damages. If you are 1-50% liable, the damages you can receive can be reduced by your percentage of fault. In a situation where you are primarily liable, you may not be able to get damages. 

Consider what can happen if you are 20% liable for your truck accident. In this case, a judge or jury says the defendant in your case is 80% at fault. Therefore, the defendant may have to pay 80% of your damages. 

Now, look at what can occur if you are 51% at fault for your trucking accident. You are more to blame for the incident than the other party. Thus, a judge or jury may require you to take full responsibility for your accident-related losses.

Tractor-trailer accident lawyers understand comparative negligence and how it can affect your damages. They can help you prepare a case that shows you are not liable for your accident. Your attorney will also consider ways to dispute the defendant’s claims against you. 

Truck Accident Wrongful Death Lawsuit

A family member dies in a truck accident, and you and your family are devastated. The incident is the result of someone else’s negligence. You have no idea what to do next, as the emotional trauma that comes with the loss of your loved one feels overwhelming. 

If a family member is killed in a truck accident, it is difficult to plan for the future. Fortunately, if you work with a Texas wrongful death lawyer, you may be able to ask for damages from anyone responsible for the incident.  

Texas has laws in place relating to wrongful death claims. You may sue a liable party if you are a surviving family member or personal representative of a deceased person (decedent). If you choose to file a claim, you have up to two years from the date of a person’s death to do so. 

Tips for Truck Accident Lawsuits

When in doubt about how to deal with the aftermath of a truck accident, request help from a tractor-trailer accident lawyer. This gives you access to an attorney who advocates for you and protects your legal rights. Your attorney may provide tips to help you throughout your litigation, such as:

Avoid Posting Content on Social Media

Tractor-trailer accident attorneys often recommend staying off social media. If you publish content about your accident on X, Facebook, and other social media platforms, it can be used against you. Instead, share accident updates through phone and video calls, emails, and text messages. 

Collect Evidence

Just because you say someone caused your accident does not mean a judge or jury will agree with you. It is in your best interests to gather an abundance of evidence to show that your request for damages is valid. Your tractor-trailer accident attorney can help you collect proof and use it to build a compelling case to present in court. 

Let Your Big Rig Accident Lawyer Handle Your Settlement Negotiations

Big rig accident lawyers understand that a liable party or their insurance company may reach out to you after you file your lawsuit. If this happens, do not speak about your case. Notify your attorney, and they can discuss your case on your behalf. 

Share Your Legal Concerns and Questions with Your Big Rig Accident Attorney

The legal process can be long and arduous, and you may have concerns and questions along the way. Thankfully, big rig accident attorneys will help you out. Stay in touch with your attorney as your litigation moves forward, and they will continue to do everything they can to assist you. 

In addition to these things, it is beneficial to partner with an attorney who has received many positive client testimonials. Read through testimonials to find out what it is like to work with a lawyer. If you believe an attorney has what it takes to represent you, meet with them to discuss your case. 

Get Legal Help with Your Houston Truck Accident Lawsuit

If you want legal help with your Houston trucking accident lawsuit, The Law Firm of Aaron A. Herbert, P.C. is here for you. We will give your case the attention it deserves, working with you every step of the way. To request a free consultation, contact us today. 

If you’ve been involved in an 18 wheeler truck accident and are seeking compensation, you may be wondering how long it will take to resolve your claim. While every case is unique, there are certain factors that can impact the duration of the process. In this article, we will explore the average time it takes to resolve an 18 wheeler truck accident claim and discuss the factors that can affect the timeline.

Understanding the Truck Accident Claim Process.

The truck accident claim process can be complex and time-consuming. It typically involves several stages, including investigation, negotiation, and potentially litigation. The duration of the process can vary depending on various factors, such as the severity of the accident, the extent of injuries and damages, and the cooperation of the parties involved. It is important to have a clear understanding of the process and work with experienced legal professionals to navigate through it efficiently.

Gathering Evidence and Investigating the Accident.

The first stage in resolving a truck accident claim is gathering evidence and investigating the accident. This involves collecting information such as police reports, witness statements, photographs, and any other relevant evidence that can help establish liability and determine the extent of damages. This process can take time, especially if there are multiple parties involved or if the accident scene is complex. It is important to be thorough in this stage to ensure all necessary evidence is obtained for a strong case. Working with an experienced attorney can help streamline this process and ensure all necessary steps are taken.

Negotiating with Insurance Companies.

Negotiating with insurance companies is a crucial step in resolving a truck accident claim. Insurance companies are often focused on minimizing their payouts, so it is important to be prepared and knowledgeable during this process. It is recommended to work with an experienced attorney who can handle negotiations on your behalf. They will have a thorough understanding of the legal and insurance processes involved in truck accident claims and can advocate for your rights and fair compensation. It is important to provide all necessary documentation and evidence to support your claim during negotiations. This can include medical records, repair estimates, and any other relevant information. Remember to stay persistent and assertive during negotiations to ensure you receive a fair settlement.

Filing a Lawsuit, if Necessary.

In some cases, filing a lawsuit may be necessary to resolve a truck accident claim. This typically occurs when negotiations with the insurance company are unsuccessful or when the at-fault party refuses to take responsibility for the accident. Filing a lawsuit can be a complex and time-consuming process, so it is important to consult with an attorney who specializes in truck accident cases. They will guide you through the legal process, gather evidence, and build a strong case on your behalf. It is important to note that the duration of a lawsuit can vary depending on various factors, such as the complexity of the case, court schedules, and the willingness of the parties to reach a settlement.

Factors that Can Affect the Duration of a Truck Accident Claim.

Several factors can affect the duration of a truck accident claim. One factor is the complexity of the case. If there are multiple parties involved, extensive damages, or disputed liability, the case may take longer to resolve. Additionally, court schedules can impact the timeline. If the court is busy with other cases, it may take longer to get a trial date. The willingness of the parties to reach a settlement can also affect the duration. If both parties are open to negotiation and compromise, the claim may be resolved more quickly. However, if one party is unwilling to cooperate or accept responsibility, the case may go to trial, which can significantly lengthen the process. It is important to consult with an experienced attorney who can navigate these factors and work towards a timely resolution of your truck accident claim.

1. Severity of Injuries: Cases involving serious injuries that require extensive medical treatment and rehabilitation tend to take longer to resolve. This is because it’s important to fully understand the extent of the injuries and their long-term effects before reaching a settlement.
2. Complexity of Liability: If there are disputes over who was at fault for the accident or if multiple parties share liability (such as the truck driver, trucking company, and other involved vehicles), it can prolong the resolution process.
3. Investigation: Thorough investigation is necessary to gather evidence, examine accident reports, analyze black box data, interview witnesses, and reconstruct the accident. This process can take time, especially if there are challenges in obtaining evidence.
4. Negotiations: Negotiating a fair settlement between the parties involved can be a time-consuming process. Both sides may need to engage in negotiations, counteroffers, and discussions to reach an agreement.
5. Insurance Companies: Insurance companies representing the trucking company or other involved parties might delay the process by disputing claims, offering low settlements, or engaging in other tactics.
6. Medical Treatment: The duration of medical treatment and recovery for the injured parties can significantly impact the timeline. It’s important to have a clear understanding of the long-term impact of injuries before settling a claim.
7. Litigation: If the case cannot be resolved through negotiation and requires a lawsuit to be filed, the legal proceedings can add considerable time to the resolution process.
8. Court Schedule: The court’s schedule and the backlog of cases can affect the timing of legal proceedings if the case goes to court.
9. Settlement Offers: The speed at which settlement offers are made and accepted can impact the timeline. Sometimes, it takes time for parties to evaluate their options and make informed decisions.

Common injuries from an 18-wheeler truck accident

18-wheeler truck accidents can result in a range of injuries, some of which can be severe and life-altering. The size and weight disparity between commercial trucks and smaller vehicles often contribute to the seriousness of injuries. Common injuries from 18-wheeler truck accidents include:

1. Whiplash: Sudden impact can cause the head and neck to jerk forward and backward, leading to whiplash injuries. These can range from mild to severe and may involve muscle strain, ligament damage, and neck pain.
2. Fractures and Broken Bones: The force of impact can result in broken bones, particularly in the limbs, ribs, and pelvis.
3. Spinal Cord Injuries: Severe accidents may lead to spinal cord injuries, which can result in paralysis or other long-term disabilities, depending on the location and severity of the injury.
4. Traumatic Brain Injuries (TBI): Head injuries, including concussions and traumatic brain injuries, can occur if the head strikes the steering wheel, windshield, or other parts of the vehicle.
5. Internal Injuries: Blunt force trauma from an accident can lead to internal injuries, such as damage to organs, internal bleeding, or ruptured blood vessels.
6. Lacerations and Abrasions: Broken glass, sharp metal, and debris can cause cuts, scrapes, and lacerations.
7. Amputations: In severe cases, a limb may be severed during the accident or require surgical amputation due to severe injuries.
8. Burns: If the accident leads to fires or explosions, burns can result from contact with flames, hot surfaces, or chemicals.
9. Crush Injuries: Being trapped inside a vehicle or pinned between vehicles can cause crush injuries, which may lead to severe tissue damage and long-term complications.
10. Post-Traumatic Stress Disorder (PTSD): Emotional and psychological trauma resulting from the accident can lead to conditions like PTSD, causing anxiety, depression, and other mental health issues.
11. Joint Injuries: Dislocated joints, torn ligaments, and other joint injuries can result from the impact of a truck accident.
12. Facial Injuries: Injuries to the face, including fractures, lacerations, and damage to the eyes, nose, and mouth, can occur due to the force of impact or contact with objects.
13. Organ Damage: The impact of a collision can cause damage to internal organs, requiring medical intervention and possibly surgery.
14. Death: In the most tragic cases, 18-wheeler accidents can result in fatalities.

It’s important to note that injuries can vary widely depending on factors such as the speed of the vehicles, the angle of impact, the use of seatbelts, and more. If you’re involved in an 18-wheeler truck accident, seeking immediate medical attention is crucial, even if you feel fine initially, as some injuries may not be immediately apparent. Additionally, consulting with a personal injury attorney can help you understand your rights and options for seeking compensation for your injuries and losses.

What makes an experienced 18-wheel truck accident lawyer

An experienced 18-wheeler truck accident lawyer possesses a combination of legal knowledge, specialized expertise, and practical skills that make them well-equipped to handle the unique complexities of truck accident cases. When seeking an attorney to represent you in a truck accident claim, here are some qualities that indicate their experience in this field:

1. Specialization in Truck Accident Law: Look for a lawyer who specializes in personal injury law with a specific focus on truck accidents. Trucking laws, regulations, and the dynamics of these accidents differ from standard car accidents, and a specialized attorney will have in-depth knowledge of these nuances.
2. Understanding of Trucking Regulations: An experienced attorney should be well-versed in the federal and state regulations that govern the trucking industry, such as hours-of-service rules, weight restrictions, and maintenance requirements.
3. Investigative Skills: Truck accidents often require thorough investigation to determine liability. Experienced lawyers know how to gather and analyze evidence, such as black box data, logbooks, maintenance records, and accident reports.
4. Accident Reconstruction: They should be capable of working with accident reconstruction experts to recreate the events leading up to the accident. This can help establish fault and strengthen your case.
5. Knowledge of Insurance Practices: Truck accidents often involve multiple parties and complex insurance issues. A skilled lawyer understands how trucking companies and their insurers operate and can negotiate effectively on your behalf.
6. Strong Negotiation Skills: An experienced lawyer knows how to negotiate with insurance companies for a fair settlement. They can assess the value of your claim and fight for maximum compensation.
7. Trial Experience: While many cases settle out of court, a seasoned truck accident attorney should have trial experience. This demonstrates their willingness and ability to take your case to court if necessary.
8. Understanding of Injuries: Truck accidents can result in severe injuries. A knowledgeable lawyer should understand the medical aspects of these injuries to accurately assess damages and work with medical experts.
9. Reputation and References: Research the lawyer’s reputation in the legal community and among past clients. Positive reviews and recommendations can indicate a track record of success.
10. Client-Centered Approach: An experienced lawyer should prioritize your well-being, keeping you informed about the progress of your case and addressing your concerns.
11. Resources: Handling truck accident cases may require financial resources for investigations, expert witnesses, and other expenses. A reputable attorney should have the resources to properly handle your case.
12. Communication Skills: Effective communication is essential. Look for a lawyer who can explain legal concepts clearly, answer your questions, and keep you informed throughout the process.
13. Empathy and Compassion: Dealing with the aftermath of a truck accident can be emotionally challenging. An experienced lawyer should show empathy and compassion while advocating for your rights.

In today’s fast-paced world, the roadways are constantly evolving, and with that, so too are the risks and challenges faced by truck drivers and motorists alike. San Antonio, a bustling metropolitan city in Texas, has seen its fair share of truck accidents over the years. However, as we enter 2023, the landscape of these accidents is undergoing a significant transformation. With advancements in technology, changes in regulations, and an increased focus on safety, the truck accident scene in San Antonio is being reshaped in ways we could have never imagined. In this article, we will explore the key factors contributing to these changes, the impact they have on the community, and the measures being taken to ensure the safety of everyone on the road. Join us as we navigate the shifting tides of truck accidents in San Antonio and uncover the strategies that are paving the way for a safer and more efficient transportation system.

Historical overview of truck accidents in San Antonio

San Antonio has a long history of truck accidents, with the city’s busy highways serving as major thoroughfares for commercial trucks. Over the years, these accidents have resulted in devastating consequences, including severe injuries and loss of life. The high volume of traffic, combined with the size and weight of commercial trucks, makes the roads of San Antonio particularly susceptible to accidents involving trucks.

Factors contributing to the evolution of truck accidents

Several factors have contributed to the evolution of truck accidents in San Antonio. One of the primary factors is the rapid advancement of technology. With the advent of new safety features such as collision avoidance systems, blind spot detection, and automatic emergency braking, the chances of accidents occurring have been significantly reduced. These technologies assist truck drivers in avoiding potential collisions and provide an added layer of protection for both truck drivers and other motorists on the road.

Additionally, changes in regulations within the trucking industry have played a crucial role in shaping the landscape of truck accidents. Stricter enforcement of hours-of-service regulations, which limit the number of hours a truck driver can be on the road without resting, has helped reduce driver fatigue and, in turn, the likelihood of accidents caused by drowsy driving. Furthermore, the implementation of electronic logging devices (ELDs) has improved compliance with these regulations, ensuring that truck drivers adhere to the mandated limits.

New technology and its impact on truck accidents

Advancements in technology have revolutionized the way truck accidents are prevented and managed. Telematics systems, which integrate GPS technology with onboard sensors, allow fleet managers to monitor their vehicles in real-time. This technology enables them to identify and address potential issues such as speeding, harsh braking, and erratic driving behavior that could lead to accidents. Furthermore, telematics systems provide valuable data that can be used to analyze driver behavior and implement targeted training programs to improve safety.

Another significant technological advancement is the integration of artificial intelligence (AI) in trucking systems. AI-powered algorithms can analyze vast amounts of data collected from various sources, including weather conditions, traffic patterns, and driver behavior, to identify potential risks and provide real-time alerts to drivers. This proactive approach to accident prevention has proven to be highly effective in reducing the number of truck accidents in San Antonio.

Regulatory changes in the trucking industry and their effect on accidents

In recent years, there have been notable regulatory changes within the trucking industry aimed at enhancing safety and reducing accidents. The Federal Motor Carrier Safety Administration (FMCSA) has implemented several initiatives to address key risk factors associated with truck accidents. These include mandatory drug and alcohol testing for truck drivers, stricter licensing requirements, and the establishment of a national database for tracking driver safety records. These regulations have raised the bar for safety standards within the industry and have had a positive impact on reducing truck accidents in San Antonio.

Common causes of truck accidents in San Antonio

Despite the efforts to improve safety, truck accidents in San Antonio still occur due to various factors. One of the most common causes is driver error. Whether it is due to fatigue, distraction, or aggressive driving, the actions of truck drivers can have serious consequences on the road. Other common causes include inadequate maintenance of trucks, improper loading of cargo, and adverse weather conditions. It is essential for all parties involved, including truck drivers, trucking companies, and motorists, to remain vigilant and take necessary precautions to prevent these accidents.

Understanding the legal implications of truck accidents

In the unfortunate event of a truck accident, understanding the legal implications is vital for all parties involved. Truck accidents typically result in complex legal proceedings due to the potential for severe injuries and substantial damages. Determining liability can be challenging, as multiple parties may be held responsible, including the truck driver, the trucking company, and even the manufacturer of the truck or its parts. Seeking legal counsel from experienced truck accident attorneys is crucial to navigate the legal complexities and ensure that victims receive fair compensation for their injuries.

Steps to take after a truck accident in San Antonio

If you find yourself involved in a truck accident in San Antonio, it is essential to take immediate action to protect your rights and well-being. The first step is to ensure your safety and the safety of others at the scene. Contact emergency services if necessary and seek medical attention for any injuries sustained. It is also crucial to gather evidence, such as photographs of the accident scene, statements from witnesses, and contact information of all parties involved. Reporting the accident to the appropriate authorities and notifying your insurance company promptly is essential to initiate the claims process.

Seeking compensation for truck accident injuries

Truck accidents can result in significant physical, emotional, and financial hardships for victims. Seeking compensation for these injuries is crucial to alleviate the burden and aid in the recovery process. Depending on the circumstances of the accident, victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Consulting with a knowledgeable personal injury attorney specializing in truck accidents can help victims navigate the legal process and maximize their chances of receiving fair compensation.

Safety tips for sharing the road with trucks

While efforts are being made to improve safety, it is important for all motorists to take precautions when sharing the road with trucks. Here are some safety tips to keep in mind:

1. Maintain a safe distance: Trucks require more time and space to stop than smaller vehicles. It is crucial to maintain a safe following distance to allow for adequate braking time.

2. Avoid blind spots: Trucks have large blind spots, particularly on the right side and directly behind the vehicle. Be mindful of these blind spots and avoid lingering in them.

3. Use turn signals appropriately: Signaling your intentions early and clearly can help truck drivers anticipate your actions and make the necessary adjustments.

4. Pass with caution: When passing a truck, ensure that you have enough space and time to complete the maneuver safely. Avoid cutting in front of a truck too closely, as it reduces their stopping distance.

5. Be patient and avoid aggressive driving behavior: Tailgating, weaving in and out of traffic, and aggressive driving can increase the risk of accidents. Stay calm, patient, and courteous when sharing the road with trucks.

Conclusion: Navigating the changing landscape of truck accidents in San Antonio

As we enter 2024, the truck accident scene in San Antonio is undergoing a significant transformation. Advancements in technology, changes in regulations, and an increased focus on safety are reshaping the landscape of truck accidents in the city. Through the integration of new safety features, enhanced regulatory measures, and the use of advanced technologies like telematics and AI, the number of truck accidents is being reduced, making the roads safer for everyone. However, it is crucial for all stakeholders, including truck drivers, trucking companies, and motorists, to remain committed to safety and take necessary precautions to prevent accidents. By navigating the changing landscape of truck accidents together, we can pave the way for a safer and more efficient transportation system in San Antonio.

If you suffered injuries in a Texas catastrophic truck accident injury, you’re likely facing physical, emotional, and financial challenges.

However, you don’t have to go through this alone. Contact an experienced Texas catastrophic truck accident injury attorney at the Law Office of Aaron Herbert today.

If you cannot speak with us we want you to know what to do after a truck accident – from a legal perspective. We understand this is a terrifying and traumatic time for you and your family. Let us help you seek the justice and compensation you deserve. 

Are you unsure about what to do following a serious truck accident? The steps you take after an accident can affect your potential personal injury claim and help you protect your rights. Read on to learn more about what to do following a truck accident. 

Common Truck Accident Injuries 

Truck accidents can be devastating, and victims may suffer from various types of injuries. Due to the size and weight of commercial trucks, the injuries sustained in a truck accident can be much more severe than those suffered in a typical car accident. Many victims are left with residual pain or permanent damage. Here’s a closer look at the most common truck accident injuries. 

Traumatic Brain Injuries 

A traumatic brain injury (TBI) occurs when a victim’s brain suffers injury due to a sudden force or impact. These types of injuries can occur when your head strikes a hard surface, such as a steering wheel, or when your brain suffers a jolt because of a collision. Symptoms of a TBI can range from mild to severe, including loss of consciousness, confusion, memory loss, headaches, and seizures.

Spinal Cord Injuries 

The spinal cord is a vital and delicate part of the central nervous system. Injuries to the spinal cord can have severe consequences. Spinal cord injuries can result in paralysis, loss of sensation, and loss of bodily functions. Victims may require extensive medical treatment, including surgery, rehabilitation, and long-term care.

Broken Bones and Fractures 

The force of a truck accident can cause victims to suffer from broken bones and fractures. These injuries can be severe and may require surgery, rehabilitation, and extended recovery periods. Fractures in the arms, legs, and pelvis are some of the most common types of fractures suffered in truck accidents.

Internal Injuries 

Not all injuries are visible. Internal injuries can occur in truck accidents due to the force of the impact itself or because you collide with a surface or object, such as a dashboard or an airbag, during a crash. These injuries can be challenging to detect, and symptoms may not appear immediately. Internal injuries can be life-threatening and require immediate medical attention.

Burn Injuries 

Truck accidents can also result in burn injuries, which can be caused by fire, explosions, or contact with hot surfaces. Burn injuries can be excruciating and may require extensive medical treatment, including skin grafts and reconstructive surgery.

Amputations 

When your limb is crushed or severely injured, there’s a risk of amputation. These injuries can be life-altering and may require long-term medical care, rehabilitation, and prosthetics.

Whiplash 

Soft tissue injuries like whiplash are also common in truck accidents. Whiplash is a common neck injury caused by your head jerking back and forth suddenly. This sudden motion can cause damage to the soft tissues in the neck and can result in pain, stiffness, and limited mobility.

Emotional Trauma 

Truck accidents can also cause emotional trauma, which can have long-lasting effects on your mental health. Emotional trauma can cause anxiety, depression, post-traumatic stress disorder, and other psychological disorders. Some victims require counseling or other forms of mental health treatment to help them cope with the emotional effects of an accident.

What To Do After a Truck Accident 

The steps you take after a truck accident can help you make your compensation claim stronger. However, taking care of your health should always be your main focus. Never do something that could cause further injury or put your safety at risk. Here’s a look at what to do after a truck accident – from a catastrophic truck accident injury attorney. 

Call the Police

Contact 911 to have police and emergency medical services respond to the scene. The officer will create an accident report that will likely include the names of all involved parties, witness statements, and the officer’s findings. This report can become crucial evidence in a personal injury claim, especially if your case goes to trial. 

Document the Scene and Exchange Information 

Take pictures of the accident scene if you can do so safely. Take photos showing any damage to your vehicle and the truck. Also, take pictures of any visible injuries you’ve suffered. Make sure to exchange contact information with the truck driver and witnesses who might have stopped. 

Seek Timely Medical Attention 

Your health and safety should be your top priority after a truck accident. Even if you don’t think you’re injured, get checked out by a medical professional. Some injuries may not be immediately apparent, and seeking medical attention can help ensure that you receive the appropriate treatment.

Report the Claim to Your Insurance Company 

You should contact your insurance company as soon as possible and tell them you were involved in a severe injury accident. Your insurance company will tell you whether you need to report the loss to the truck driver’s insurance or whether they will handle filing a claim. 

Consult with a Catastrophic Truck Accident Injury Attorney

Truck accidents can be complex—especially when you have severe or catastrophic injuries. Hiring a lawyer helps you protect your rights and interests throughout the claims process. 

How Much Will A Truck Accident Lawsuit Cost Me?

How much will a truck accident lawsuit cost me? Understandably, you might be concerned about the costs of hiring a lawyer and pursuing litigation.

Fortunately, most truck accident lawyers work on a contingency fee basis. There’s no upfront legal cost to you in a contingency fee arrangement. Instead, your lawyer will take a percentage of any settlement or judgment you receive. 

What Is the Average Semi-Truck Accident Settlement? 

What is the average semi-truck accident settlement? Semi-truck accident settlement amounts depend on the specific circumstances of each case.

For that reason, there is no average settlement amount for these types of accidents. Settlements may include compensation for medical expenses, lost wages, pain and suffering, and other damages. Multiple factors will influence your case value, including: 

• Severity and type of injuries,
• Liability,
• Total damages, and
• Available insurance coverage. 

Rather than research average settlement amounts, speak to a catastrophic truck accident injury attorney at the Law Office of Aaron Herbert. Our team can help you calculate the value of your case so that you can be sure you’re seeking maximum compensation for your injuries. 

How Can a Truck Accident Lawyer Help 

How can a truck accident lawyer help? A truck accident lawyer can help you in many ways, including:

• Investigating the accident and gathering evidence,
• Interviewing witnesses,
• Calculating your damages; 
• Communicating and negotiating with insurance companies, 
• Representing you in court, and
• Ensuring all legal deadlines are met. 

When you hire the Law Office of Aaron Herbert to represent you, our team will be there for you every step of the way. 

Contact a Texas Truck Accident Attorney Today 

If you sustained injuries in a truck accident, the Law Office of Aaron Herbert stands ready to help you seek justice. Attorney Aaron Herbert is passionate about fighting for his clients and helping them pursue the compensation they deserve.

Let our Texas truck accident attorney help you navigate the challenges of the Texas legal system so that you can focus on your recovery. Contact our office today to schedule an initial consultation. 

Trucking accidents are an unfortunate part of sharing the road with commercial vehicles.

Thousands of people are injured or killed every year following collisions with trucks and other large commercial vehicles.

The sheer size and weight of trucks often make the injuries associated with trucking accidents more severe than those associated with other crashes.

Who Is Liable for a Truck Accident?

Aside from the size differences, semi-truck accidents also differ from passenger vehicle accidents because there might be multiple potentially liable parties.

Truck drivers and truck companies must follow state and federal regulations concerning loading requirements, weight requirements, inspections, and consecutive hours worked.

Also, sometimes an accident happens because a truck part is faulty. Because of the numerous parties and additional rules involved, it might be difficult to discern who is liable for your truck accident.

Reaching out to an attorney will help ensure the proper parties are brought to justice.

How Do I Prove Liability After a Truck Accident?

No matter who is liable, to recover compensation, an accident victim must prove the other party was either negligent or is strictly liable for their injury. Using one of these legal theories to prove liability is the first step in receiving compensation for damages.

Negligence

To prove negligence, you must first prove the other party owed you a duty of reasonable care and that they breached that duty.

Reasonable care includes safely controlling the movement and speed of the truck while abiding by the law. If the driver caused an accident because they were checking their phone rather than paying attention to the road, they were likely negligent.

Or, if a truck driver violates a traffic law, like running a red light, and an accident occurs, the violation can establish the driver was negligent.

Once you establish the at-fault party owed you a duty of care and that they breached that duty, you must prove the breach caused your accident. This element is known as causation.

Once you’ve established causation, you then need to prove you suffered damages you can be compensated for. 

Strict Liability

When an accident involves strict liability, you don’t have to prove negligence. In a strict liability claim, you have to prove the at-fault party performed the action or conduct that caused your injury.

Product liability claims are one of the most common types of strict liability claims injured accident victims use to receive compensation.

In a product liability claim, designers, manufacturers, and any company involved in a product’s distribution chain could be held liable if a defective product caused a truck accident. 

Faulty equipment, like brakes, tires, engine parts, or cargo straps, could support a potential strict liability claim. A truck accident lawyer at the Law Office of Aaron Herbert can evaluate the facts of your truck accident and determine if you might be able to pursue a strict liability claim.

Truck Accident Compensation

After an accident, medical bills pile up, and you may have to front the cost of repairs and rental cars as you wait for your insurance claim to be processed. Fortunately, many of these costs can be recouped if you can prove liability and prove your damages.

Truck accident compensation is based on the damages your attorney can prove. When you bring a truck accident claim in Texas, you can pursue both economic and noneconomic damages. 

Economic Damages

Economic damages are quantifiable monetary damages related to your accident. Economic damages include the following: 

• Medical bills,
• Future health care costs,
• Lost income for missed work,
• Lost future earnings, and
• Property damage or loss.

Medical bills can include emergency medical care, hospital stays, prescription medicines, and physical or occupational therapy. To prove your medical damages, you will need to see a doctor as soon as possible after your truck accident.

Your doctor will create medical records that will help you prove when your injury occurred, the severity of your injuries, and your prognosis. 

An attorney can gather all the pertinent evidence, such as medical records, bills, pay stubs, and repair invoices, to prove these damages. 

Noneconomic Damages

Noneconomic damages compensate you for the emotional and mental suffering caused by your accident. Noneconomic damages are more subjective, and the insurance company may not consider them if you don’t claim them.

Some examples of noneconomic damages include the following:

• Pain and suffering;
• Long-term physical impairments, such as disfigurement, scarring, or amputation; 
• Emotional distress;
• Loss of enjoyment of life; and
• Loss of consortium. 

Loss of consortium concerns the quality of your relationships. The ultimate goal in claiming loss of consortium is to compensate you for the loss of love, care, affection, support, and intimacy.

Noneconomic damages are difficult to calculate because they differ from person to person. An experienced attorney can help you identify and calculate all of your damages to make sure you are pursuing all of the compensation you’re eligible to receive. 

Call a Truck Accident Lawyer Today

If you or a loved one suffered injuries in a truck accident, the Law Office of Aaron Herbert can help you hold the at-fault parties accountable.

Aaron Herbert is board certified in personal injury trial law by the Texas Board of Legal Specialization and has handled more than 50 jury trials.

When you need tenacious advocates who will fight for you at the negotiating table and in the courtroom, the Law Office of Aaron Herbert is here to help. Contact us online or by phone to schedule a free consultation.

Big rigs, 18-wheelers, tractor-trailers, large freight trucks, tanker trucks, cement trucks, and delivery vehicles are all types of large trucks.

A large truck can weigh up to 80,000 pounds, while an average passenger vehicle weighs only around 4,000 pounds.

Because large trucks dwarf cars, an accident with one can be catastrophic.

Common Truck Accident Injuries

Some truck accident injuries are minor, while others can be deadly. According to the National Highway Traffic Safety Administration (NHTSA), in 2021, fatalities in crashes involving at least one large truck were up 13% compared to 2020.

And in 2020, 107,000 large trucks were involved in crashes resulting in injury.

The most common truck injuries include:

• Cuts, bruises, and lacerations. Cuts and bruises are less severe than head or spine trauma but still can require treatment and cause permanent damage. Injuries from shattered glass, sharp metal, or unrestrained objects inside a car can potentially result in disfiguring scars or even life-threatening infections.
• Broken bones. Crushed or broken bones are common in truck accidents because of the massive impact force.
• Back and neck injuries. Whiplash can occur when a person’s head and neck snap forward but their torso stays in place. Whiplash can take days after the accident to cause pain and other symptoms.
• Spinal cord injuries. Spinal cord injuries could result in partial, temporary, or complete paralysis of the torso or lower body. Recovering from a spinal cord injury may involve months or years of treatments, surgeries, and physical therapy and can leave a victim permanently disabled.
• Head and brain injuries. Head injuries may present as a minor bruise or a mild concussion. Or it may be a traumatic brain injury, which can have long-lasting or even permanent effects.
• Burns. If a truck’s fuel tank ruptures, a fire can ignite and engulf the truck or surrounding passenger cars.
• Amputation and disfigurement. The crushing force of a collision can cause amputation. Amputation victims may require continuing medical treatment and adaptive devices like prosthetics to function.
• Internal injuries. Strong forces from an airbag, seatbelt, or other car parts can cause blunt internal trauma to the abdomen, bladder, spleen, liver, pancreas, or kidney. Or a broken rib could puncture a lung or create other internal damage.

A skilled truck accident attorney can determine your injuries’ current and future long-term costs. They will fight to hold liable parties accountable so you get the compensation you deserve.

Contact the Law Firm of Aaron A. Herbert Today

If a truck accident has affected your life, the truck accident attorneys at the Law Firm of Aaron A. Herbert can help you down the path to recovery.

From exhaustive investigations to tense negotiations, our Texas Board Certified highly rated attorneys never back down from a fight.

We are fearless in using aggressive legal strategies or going to court to pursue your maximum truck accident compensation.

With over 1,000 personal injury lawsuits filed and resolved, you can rest assured that at the Law Firm of Aaron A. Herbert, your truck accident injury claim is in the best hands possible.

Contact or call us today at 214-441-6196 for a free consultation.

Many people wonder, What is jack knifing? The term’s literal definition is “to bend or double over like a jack knife.”

When this happens with commercial trucks, jackknifing can wreak havoc on property and life.

In fact, according to the Federal Motor Carrier Safety Administration, jackknifing commercial trucks caused 434,000 crashes in 2022, 4,842 of which were fatal.

But does a jackknife truck accident imply fault? The answer is that it depends. Read on for more information.

What Is Jackknifing a Truck?

Now that we’ve answered the question, What is jack knifing? let’s apply the term to commercial trucks. A moveable joint connects a semi-truck’s cab and trailer.

This joint allows for increased maneuverability but also makes semis susceptible to specific accidents, including jackknifes.

When a commercial truck jack knifes, the truck’s trailer moves in a different direction than the front of the vehicle, causing the truck’s cab and trailer to fold into each other.

This configuration resembles an open jackknife. Unfortunately, when the trailer and cab simultaneously move in different directions, the truck driver often loses control of the truck or hits other vehicles in surrounding lanes, leading to accidents.

Who Is Responsible for Jack Knife Accidents?

When it comes to jackknife accidents, Texas is an at-fault state. If you are injured in a jackknife crash in Texas, you must be 50% or less responsible for the crash to collect compensation.

You must also show that the other party acted negligently. Part of proving negligence is showing that another driver or party is at fault for your jackknife accident. Different parties that may be responsible for your accident include:

• The truck driver,
• A third-party driver,
• Trucking companies,
•  Maintenance companies,
• Mechanics,
• Cargo loaders,
• Truck manufacturers and designers of faulty truck parts, and
• Governments or municipalities.

An experienced lawyer can investigate your case and help you identify the responsible party. Working with an experienced lawyer to establish liability will help ensure you receive the best settlement possible.

Common Causes of Jack Knife Accidents

Numerous factors can cause a trailer to jackknife, including negligence on the driver’s part. They include:

• Poor road conditions,
• Bad weather,
• Speeding,
• Distracted driving,
• Taking curves or turns too quickly,
• Driving fatigued,
• Driving under the influence of drugs or alcohol,
• Hauling improperly or poorly loaded cargo, and
• Light trailer loads.

These are just some of the factors that can lead to a dangerous jackknife accident. Speaking with a skilled accident attorney who understands complete trucking rules and regulations will help you identify the cause of your accident so that you can claim the compensation you’re entitled to.

Contact the Law Firm of Aaron A. Herbert Today

If you’ve been injured in a jackknife accident, contact the experienced attorneys at the Law Firm of Aaron A. Herbert.

We can help you negotiate with insurance companies and are not afraid to use aggressive legal strategies or go to court to pursue your maximum compensation.

As a client-centered law practice with decades of combined experience, the Law Firm of Aaron A. Herbert is committed to fighting for the jackknife compensation you’re entitled to.

Our Texas Board Certification and highest possible AVVO rating assure that we take accountability seriously. Call us today at 214-441-6196 for a free consultation.

We will work tirelessly to ensure that the parties that caused your accident are held responsible, and we won’t take a fee unless we win.

You may be eligible for financial compensation as a victim or a surviving loved one of a truck accident in Texas. While no dollar amount can take back what happened to you, a fair settlement or judgment award can give you the money that you need to put your life back together and move forward. One category of damages that you may not be aware of is punitive damages. Punitive damages are available in limited circumstances.

What Are Punitive Damages?

The purpose of an insurance claim or personal injury lawsuit is to reimburse an injured victim for the losses suffered in an accident. The financial compensation awarded to a victim to make him or her whole again is known as compensatory damages. Compensatory damages make up for a victim’s financial and personal losses, including medical bills, lost wages, and pain and suffering. Punitive damages, on the other hand, are awarded to punish the defendant.

Punitive damages are exemplary. This means that they come in addition to compensatory damages. Punitive damages are above and beyond economic and noneconomic damages. This is why a plaintiff must prove his or her eligibility for punitive damages before receiving this type of award. The plaintiff or plaintiff’s attorney must demonstrate that punitive damages are warranted based on the circumstances.

What Does Texas Law Say About Punitive Damages?

The laws surrounding punitive damages in a truck accident case differ from state to state. Some states do not allow for the recovery of punitive damages at all. Most, however, will grant an injured victim punitive damages if a specific set of circumstances exists. Texas Civil Practice and Remedies Code Section 41.003 states that exemplary damages may only be recovered if the claimant can prove using clear and convincing evidence that his or her injuries resulted from:

• Fraud. Fraud means to knowingly or recklessly make a false representation to the plaintiff. For example, a trucking company may be guilty of fraud if it knowingly destroys evidence of a violated safety regulation.
• Malice. The law defines malice as specific intent by the defendant to substantially injure the claimant or cause serious harm, such as a truck driver experiencing road rage and intentionally ramming another car.
• Gross negligence. Gross negligence is a defendant’s disregard for an extreme degree of risk to the plaintiff. If an action is foreseeably dangerous but the defendant proceeds anyway, with a conscious indifference to the safety or welfare of others, this is gross negligence.

In general, if you wish to get punitive damages after a truck accident in Texas, you or your attorney must show that the defendant(s) – such as the truck driver or trucking company – was reckless, had a wanton disregard for the safety of others or maliciously intended to harm you and that this is what caused your injury. Your lawyer will need to establish this using a preponderance of the evidence, or enough evidence to prove fault as more likely than not to be true.

How Much Are Punitive Damages Worth?

If your lawyer makes a strong case for punitive damages, a judge or jury may grant this award in an amount deemed appropriate based on your circumstances. There is no average amount in punitive damages that will automatically apply to your case. Instead, values are determined on a case-by-case basis, according to factors such as the nature of the defendant’s actions and the severity of the plaintiff’s injuries.

Is There a Cap on Punitive Damages in Texas?

The courts have full discretion over how much to grant in punitive damages, if any. However, the amount cannot exceed Texas’ cap on punitive damages. State law says that a punitive damage award may not exceed the greater of $200,000 or twice the amount of the victim’s economic damages plus an equal amount of noneconomic damages (up to a maximum of $750,000).

For more information about how much your truck accident lawsuit might be worth, including in punitive damages, consult with a truck accident lawyer in Dallas.

Most drivers know that they should not drive tired. Yet many do not realize that they are too drowsy to drive until it’s too late. Other drivers, such as truck drivers, may be under tight deadlines and working under pressure from their bosses to keep driving despite fatigue. It is extremely dangerous for anyone to drive a motor vehicle while drowsy – especially when operating a large truck.

Why Is Truck Driver Fatigue Such a Big Problem?

More and more drivers of all types are guilty of driving while fatigued due to busy schedules and a culture of hyper-productivity. Commercial truck drivers, however, are even more likely to drive tired than passenger vehicle drivers due to a range of risk factors related to their jobs. The Federal Motor Carrier Safety Administration reported that 13 percent of commercial drivers were fatigued at the time of their accidents. A truck driver can experience fatigue because of:

• Strenuous work activities
• Pressure to meet a deadline
• Violated hours-of-service regulations
• A lack of adequate sleep
• Odd sleeping schedules
• Overnight drives
• Driving alone/boredom
• Caffeine or sugar crashes
• Health problems such as sleep apnea

Sleep apnea is a condition that can interrupt a good night’s sleep with respiratory issues. Truck drivers are at an increased risk of developing sleep apnea due to bad health habits, such as sitting sedentary all day, eating unhealthy foods at rest stops and smoking. One study found that 28 percent of truck drivers suffer from sleep apnea. Many cases are undiagnosed, meaning the driver may not realize that he or she has a higher risk of driving while fatigued due to interrupted sleep.

What Effects Does Fatigue Have on Driving a Large Truck?

Driver fatigue can lead to truck accidents by compromising the driver’s ability to safely and appropriately control a commercial truck. Commercial drivers must receive special training and licenses to operate big rigs. This is because large trucks are more difficult to control than smaller and lighter passenger cars. They require special braking and handling techniques. If a truck driver is fatigued, it can interfere with his or her ability to drive through three main effects:

• Physical. Fatigue can take a physical toll on a truck driver. It can cause blurred vision, frequent yawning, muscle weakness, lack of coordination and diminished reflexes. Operating a large truck is a very physical activity. If fatigue causes physical problems, the driver may lose control of the truck.
• Cognitive. Tiredness also has a cognitive impact on a truck driver. Trying to drive through fatigue can come with hazards such as reduced reaction times, impaired judgment, confusion or disorientation, drifting off, daydreaming, or brain fog. Being unable to dedicate 100 percent of the driver’s attention to the road increases the risk of a truck accident.
• Emotional. A truck driver who is overtired or exhausted may experience emotional changes, such as increased irritation and susceptibility to road rage. A tired truck driver may be more likely to drive aggressively, tailgate, speed or have an emotional breakdown while driving.

The effects of truck driver fatigue are similar to drug or alcohol intoxication. Driving while tired increases the risk of a truck driver behaving carelessly or recklessly behind the wheel, as well as the driver being unable to react quickly enough to prevent a collision. This is why it is important for truck drivers to follow all the rules and take the necessary precautions to avoid fatigue at work.

What Are the FMCSA’s Hours-of-service Regulations?

The Federal Motor Carrier Safety Administration, or FMCSA, is the entity in charge of regulating the commercial trucking industry in the United States. In an attempt to mitigate the risks posed by truck driver drowsiness and fatigue, the FMCSA enforces hours-of-service restrictions. These rules dictate how long a truck driver can lawfully drive without taking a rest or meal break. In general, no truck driver can drive past 11 hours after 10 consecutive hours off-duty or 14 consecutive hours after coming on duty.

Why Does Truck Driver Fatigue Happen?

Despite having laws in place to try to prevent truck driver fatigue, many truck accidents take place every year that involve tired truck drivers. This is because there are elements unique to the trucking industry that are conducive to sleep deprivation, exhaustion, stress and burnout. Many risk factors inherent to long-haul trucking increase the risk of truck driver fatigue, including:

• Sleep apnea and other health conditions that interrupt sleep
• Reversed sleep schedules and overnight drives
• Having to sleep at strange times and locations
• Broken hours-of-service regulations
• Extended hours driving alone
• Energy crashes from caffeine or sugar
• Physical or mental exertion at work
• Unreasonable expectations or pressure from employers.

Sleep apnea is one of the main problems behind truck driver fatigue. This is a condition that can interrupt a good night’s sleep, making a truck driver more tired during waking hours. According to the FMCSA, truck drivers are susceptible to sleep apnea due to risk factors such as being overweight or obese, unhealthy diet, lack of exercise, strange sleep patterns, and smoking.

Signs of a Drowsy Truck Driver

As you navigate the roads in Dallas, always keep an eye out for negligent drivers – especially behind the wheel of a dangerous big rig. You may be near a drowsy truck driver if you notice the truck doing any of the following:

• Weaving in and out of multiple lanes
• Making unsafe lane changes
• Swerving
• Crossing a highway to make an exit
• Drifting out of a lane or hitting the rumble strip
• Driving erratically
• Stopping and starting
• Slamming on the brakes
• Speeding
• Running a red light or stop sign

Keep a safe distance from the truck if any of these signs are present. Call 911 to report a potential drowsy or intoxicated truck driver. If you can, make note of the trucking company name and truck number so that you can report the driver to the company, as well.

What to Do if a Drowsy Driver Caused Your Truck Accident

If you believe that the truck driver involved in your truck accident in Dallas was fatigued and that this is why the collision took place, consult with an attorney for a professional opinion. A truck accident lawyer in Dallas can carefully investigate your accident and search for signs of truck driver fatigue, such as violated federal regulations or a medical diagnosis of sleep apnea. Then, your lawyer can help you go up against the truck driver and/or trucking company in pursuit of fair financial compensation for your losses.

Spine injuries are some of the most life-altering injuries victims can suffer in auto accidents. A serious spinal cord injury could cause permanent damage, such as the inability to feel or move below the point of injury. The catastrophic nature of most semi-truck accidents in Dallas can easily lead to injuries to the spine, back and neck. A spine injury from a semi-truck accident could change a victim’s life forever.

Types of Spine Injuries Common in Truck Accidents

Three main sections comprise the spine. From top to bottom, they are the cervical spine, thoracic spine and lumbar spine. Below the lumbar spine is the sacrum, a bone that is part of the pelvis. In general, the higher up the injury is on the spine, the more extensive the effects will be on the patient. Any type of spinal cord injury, however, is serious.

• Incomplete spine injury. An incomplete spine injury means the damaging object or element only partially severed the spine, leaving the victim with partial movement and feeling.
• Complete spine injury. A complete spine injury is the total severance of the spine, resulting in the permanent loss of feeling and function below the point of injury.
• The condition of paralysis often arises from complete spine injuries. Severe damage to the spine could cause paraplegia, quadriplegia or triplegia. Patients generally cannot recover from paralysis, although with treatments they may restore some function.

Other types of spinal cord injuries include anterior cord syndrome, central cord syndrome and Brown-Sequard syndrome. These are forms of incomplete spinal cord injuries that can impact a patient’s abilities to various degrees. Complete spinal cord injuries, however, are those that cause paralysis. A semi-truck accident could cause these types of spine injuries and other back injuries, such as slipped or herniated disks, through the forces exerted on the victim.

How Do Truck Accidents Injure the Spine?

The spinal cord contains many delicate bones, called vertebrae, along with surrounding nerves and tendons. Between the vertebrae are cushions, or spinal disks, that help make movement in the spine more comfortable. In a trucking accident, the forces exerted on the spine could temporarily or permanently injure any of its components. When a large and heavy semi-truck collides with a smaller vehicle, the occupants of the latter can suffer significant damages.

The force of the crash could throw the victim’s body against a seat belt, airbag, windshield or other objects – possibly injuring the spine. Objects flying through the air, such as twisted metal, in a collision could also penetrate the spine or damage its tissues. The forces of a truck accident could cause spinal cord fractures, tissue tears, displaced disks, whiplash and other serious spinal cord injuries.

Who Is Liable?

A spine injury from a semi-truck accident in Texas could change a victim’s life forever. The least a patient in this situation deserves is to go up against the at-fault party in pursuit of justice and financial compensation, if someone else negligently caused the collision. In most semi-truck accident cases, the trucking company will serve as the defendant. A trucking company could be liable for a victim’s spine injury for many acts of negligence.

• Inadequate truck maintenance
• Negligent hiring or training practices
• Pressuring drivers to meet deadlines
• Breaking federal laws
• Dangerous load securement

The trucking company will also be responsible for the actions and inadequacies of its drivers. If a negligent or reckless truck driver caused the spinal cord injury, therefore, the trucking company could be vicariously liable. Another potentially liable party could be a product manufacturer if a defective seat belt or a different vehicle part caused the spine injury.

A Dallas spinal cord injury lawyer can help truck accident victims recognize whether or not someone else is liable for damages after a serious spinal cord injury.