Interstate 10 is one of the busiest national highways in the country. Drivers in our area must contend with more commercial vehicle traffic than most other towns the same size as Beaumont, Texas.
This traffic includes large loads from the ports, shipments to and from the multiple refineries and petrochemical plants, and all the smaller commercial vehicle traffic such as repairmen, delivery drivers, and small work vehicles. And just like a “regular” motor vehicle accident, the insurance companies on the side of these commercial entities will try and minimize your damages.
When you are hit by a commercial vehicle or 18-wheeler, you need an experienced personal injury attorney and team on your side. An experienced personal injury attorney will help you to maximize recovery and ensure your catastrophic injuries are given the priority care they deserve. And with a proven track record of securing over $2 billion dollars for clients involved in commercial truck accidents, The Practical Magic Law Firm has the experience to fight on your side.
Common Causes for Commercial Truck Crashes
Along with the regular reasons for wrecks – driver inattention, lack of visibility in poor conditions, and just pure bad luck – there are some distinctly unique causes for crashes involving commercial vehicles and 18-wheelers. Here are some of the most common reasons to experience a commercial truck wreck:
Driver Inattention
Just like with regular vehicles, truck drivers and other commercial vehicles drivers become distracted. Between the radios they use to communicate with dispatch and other truck drivers, pop ups on their cell phones, and just general daydreaming, a split second of inattention can lead to catastrophic damage for you or a loved one.
High Speed and Heavy Construction
We all know and hate the construction projects in the area. Excessive construction zones exacerbate driving issues. Roadways change with little to no warning, normal routes are rerouted suddenly, and traffic back ups happen more frequently causing sudden stops and starts. 18-wheelers especially have problems navigating these changes and combined with traveling at high speeds that leads to deadly collisions with smaller vehicles.
Reduced Visibility During Bad Weather
It’s Southeast Texas and it rains, a lot. We also experience times of heavy fog or haze because of the heat, humidity, and proximity to so many petrochemical plants. Especially in the early hours of the morning or nearing dusk this makes for limited visibility and a higher risk of impact with a commercial vehicle or 18-wheeler.
Driver Fatigue and Hours of Service Violations
Despite federal regulations that limit the number of hours drivers can drive, violations happen. Companies that require a certain number of loads or miles driven per day push their drivers to continue driving after they have reached the cut-off for their hours of service. Driver fatigue is caused by too many hours behind the wheel; it leads to greater inattention to changing road conditions and slower reaction times. And when a driver is feeling rushed trying to get their latest load delivered or to pick up a new one they can make bad decisions that cause wrecks.
Cargo Imbalances and Weight Violations
Just like with driver hours, the allowed haulable weight is tightly controlled by federal regulation and yet commercial trucking companies regularly violate these rules. A heavier than normal load can mean an 18-wheeler that cannot physically stop in the recommended stopping area. And if the driver doesn’t understand physics and that they should leave themselves more room, this causes a collision. Likewise, an improperly balanced load can cause tipping or other issues, especially at higher speeds.
Always give 18-wheelers more space than you think they need. You never know if a load is properly weighted or balanced; your foresight and courtesy in giving them more room could save you a lot of pain and suffering.
What the Law Says About Commercial Trucking on IH-10
Federal law is clear on several points about how commercial vehicles and 18-wheelers should be operated. These laws can change slightly depending on whether the violation occurred interstate (between states) or intrastate (within a single state). Violation of any of these laws can be added as a cause of action to your personal injury commercial truck crash claim.
- 49 CFR § 392.3 – Prohibits truck drivers and commercial vehicle license carriers from driving while ill or fatigued. This provision requires all 18-wheeler drivers to stop driving if they feel they are or will become impaired due to illness, fatigue, or other other causes. Violating this clause could prove the truck driver was negligent or grossly negligent.
- 49 CFR § 392.4 and 392.5 – Prohibit truck drivers and commercial vehicle license carriers from consuming or indulging in drugs or alcohol while operating commercial vehicles and 18-wheelers. After a crash, a truck driver or commercial vehicle operator should be required to take a drug and/or alcohol test to prove they were not under the influence while driving.
- 49 CFR § 392.7 – Describes the protocols for vehicle, trailer, and other equipment inspection and use. All commercial vehicles and trailers must undergo regular inspection and maintenance. Failure to do so that causes a collision or other injury could establish liability against the trucking company that failed to perform proper maintenance.
- 49 CFR § 392.9 – Details the protocols around inspecting cargoes and loads for proper load distribution. An improperly loaded truck or trailer can cause the load to shift, which can lead to erratic driving as the truck driver attempts to compensate, or tipping.
In all, there are over 80 different provisions and subsections to the Cod of Federal Regulations ruling commercial vehicles and 18-wheelers. A violation or deviation from any of these rules and regulations is cause for concern and helps to establish liability and negligence in a personal injury litigation. If you aren’t sure whether any of these rules or regulations apply to your circumstances, give us a call today at (409)867-5309 for a free consultation to discuss your potential claim.
Trucking companies, and the insurance companies holding their policies, will try to shift the blame. An experienced truck accident personal injury attorney won’t let them – we’ll fight for you against these commercial entities to ensure your injuries and damages are properly compensated.
Liability in Truck Crashes
It takes experience and investigation to determine who is liable for damages in a commercial truck collision. From the company that owns the truck to the driver and any potential third parties that contributed to the crash, you need someone on your side to help you determine who needs to be included in your pursuit of damages.
Employer Negligence – The Trucking Company Itself
While it can be easy to blame the driver, oftentimes it is the company (and its policies) that is really to blame. Commercial trucking companies try to push the limits every day. They require their drivers to put in more hours on the road that is allotted; push the weight limits imposed by federal regulations; and may have policies in place that run counter to how the federal government has declared they should run.
An experienced truck accident personal injury lawyer can navigate the often-confusing investigation phase to determine which policies were in place to prevent or cause the collision. They will also investigate internal hiring practices that led to hiring a driver with a not so stellar driving record or other violations. And they will determine, though hands-on inspections and expert reviews, whether maintenance and load protocols were followed properly to determine negligence.
Other Violators – Third-Party Contractors and Load Handlers
The commercial truck driver and/or trucking company itself might not be the only liable parties. Any third-party contractor that handled the load or was involved in maintenance of the vehicle may also be liable. If maintenance wasn’t performed properly by these entities or vital repairs were overlooked, they too may be negligent.
Load handlers at various facilities may also have liability for the crash. If a facility’s load handlers are not careful while loading, and the cargo is off balance, they are contributing factors to the wreck. An experienced truck accident personal injury attorney can guide the investigation to determine all negligent and liable parties, ensuring you receive maximum compensation for your injuries and damages.
Common Injuries in Commercial Truck-Related Crashes
The forces involved in commercial truck-related accidents are many times that of a “normal” wreck. Depending on the speed of the vehicles and the weight of the load, even a “simple bump” can cause severe and debilitating injury. Some of the most common injuries experienced after a commercial vehicle or truck crash include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries – including paralysis
- Bone fractures and breaks
- Internal bleeding or organ damage
- Severe burns – particularly from chemical loads or when the fuel tank is ruptured
- Amputations or crush injuries
- Soft tissue injuries, such as whiplash, bruises, and contusions from airbag deployment
- Lacerations or puncture wounds from shrapnel
- Upper torso injuries from airbag deployment or your seatbelt
- Mental and emotional trauma, such as post-traumatic stress disorder (PTSD), anxiety, and panic attacks – particularly in minors involved in these types of wrecks
How severe your injuries after impact are will determine the value of your case. Your medical treatment and bills will act as a baseline for the total value of your claim, but also the amount of time you are away from work or your ability to live your daily life after your injuries affects the total value of your claim. Unfortunately, the insurance company and/or offending commercial trucking company often downplay the severity of injuries so they don’t have to pay “outrageous” claims. Having an experienced truck accident personal injury attorney on your side is vital.
Navigating Commercial Truck Insurance Policies
Commercial truck insurance policies in Texas start at a minimum $500,000 to $1 million dollars; however, navigating the policy language and determining fair compensation for your injuries requires experience. There can also be umbrella or other policies that cover personal injuries and damages. Having an experienced truck accident personal injury attorney working on your case will ensure any and all policies that might be applicable are thoroughly reviewed and included when it comes to settlement. Some common policies include:
- The truck driver’s liability insurance or personal coverage (if they were at fault)
- The trucking company’s corporate insurance
- Cargo insurance, if applicable – certain types of loads might be separately insured
- Third-party insurance from maintenance providers or load handlers, if applicable
- Umbrella or other policies that cover areas the main policy does not
A skilled, experienced truck accident personal injury attorney will ask for these documents during discovery and will guide your case around the policy language. This guidance will ensure you make the best financial recovery possible based on your injuries and future needs.
Who is at Fault? Proving Liability in a Commercial Truck-Related Accident
Liability isn’t always clear in a commercial truck crash. Especially in cases involving construction zones or weather-related hazards, liability might not be where you think it is. It takes thorough investigation from Day One to follow the clues and find liability. Some of the evidence used is:
- The certified crash report
- Dashcam or surveillance footage
- “Black box” information downloaded from the commercial vehicle
- Truck maintenance and inspection reports
- Truck driver medical records and physical records – proving the driver was or wasn’t impaired or unqualified to drive
- Past driver violations or driving history
- Criminal records or civil complaints against the driver and/or trucking company
Any and all of these records will be requested during the discovery phase. These records will need to be viewed by an experienced truck accident personal injury attorney before being reviewed by an expert in trucking matters. These experts can help to nail down liability, determine which levels of negligence apply, and illuminate the areas of failure that led to the crash and your injuries.
Types of Recoverable Damages You Can Claim for a Commercial Truck Accident
Just as with a regular motor vehicle accident, there are several different damage claims that can be made. These will depend on the nature of the crash; the liability of the driver, the trucking company, and any potential third parties; and the severity of your injuries. The most common types of damage claims are:
- Emergency medical treatment and hospitalization – including ambulance or air-evac
- Rehabilitation costs – such as physical therapy or assistive devices or care
- Lost wages and/or diminished earning capacity or outright disability
- Emotional and mental pain and anguish – both past and future
- Physical pain and anguish – both past and future
- Property damage – if not otherwise covered
- Loss of enjoyment of life or catastrophic changes to daily living
- Loss of life – if wrongful death
- Other types of long-term care – if the injuries include permanent changes to your mind or body
- And punitive damages – otherwise known as “punishment” damages, if either the truck driver or commercial trucking company was found to be grossly negligent
Many factors affect the damage claims your truck accident personal injury attorney can make, including the percentage of liability of all parties and severity of injury. Commercial trucking companies and their insurance carriers will try to minimize these claims, so they pay out bottom-dollar.
Contact Us Today to Discuss Your Commercial Truck Accident Claim
Commercial trucking companies and their insurance carriers don’t have your best interest at heart. Their first priority will be minimizing your damages or working to discredit your claim. An experienced truck accident personal injury attorney will help you navigate the complex documentation to ensure all insurance policies have been thoroughly reviewed, all information has been overseen and summarized by an expert, and that your injuries and damages remain a top priority.
Call The Practical Magic Law Firm today or fill out a contact form for a 100% free consultation to determine if we are the representation you need to help you achieve a satisfactory recovery.
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