Best 18 wheeler accident lawyer | Best 18 wheeler accident attorney
In general, truck accidents are upsetting, demanding, and perplexing. However, this can be a particularly difficult and demanding period of time if your collision included an 18-wheeler. Accidents involving an 18-wheeler are often significantly more serious than those involving two smaller vehicles.
Since the injuries are typically severe and it takes time and money to fully understand all the persons and corporations who need to be held accountable, these collision cases are frequently more difficult and may necessitate more diligence and tenacity to seek compensation. The following are some of the frequent contributing elements in 18-wheeler cases:
Driver drowsiness and negligent motor carrier. It's common practice to urge commercial drivers to perform lengthy shifts without enough rest. Federal Motor Carrier Safety Regulations, which the government has mandated, specify that drivers must take breaks, yet many carriers flout or outright violate these regulations, encouraging drivers to falsify records of their breaks and drive while they are exhausted.
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| Best 18 wheeler accident attorney |
However, demonstrating potential negligence necessitates more time spent looking into the matter and greater tenacity on your attorney's behalf. which is why it's crucial to select the appropriate legal counsel in these situations.
Drug and alcohol abuse
Many 18-wheeler drivers abuse drugs and alcohol because of how stressful their jobs are, and they may be doing so while behind the wheel. Police will typically start a criminal investigation if alcohol or drug usage is a factor in your case, which can lengthen the process by limiting access to crucial evidence.Due to the fact that your case will entail both criminal processes and a separate civil lawsuit for damages, pending criminal accusations might also make things more difficult.
Negligent driving
Numerous 18-wheeler commercial drivers adopt risky driving practices, in addition to being exhausted and intoxicated. Drivers may be distracted while driving for instance by eating, using their phones, or doing other activities. Drivers frequently participate in distracting habits like these while they are behind the wheel since they spend a large portion of their time on the road.In an effort to get there more quickly, they could also drive carelessly, exceeding the posted speed limit, tailgating, and making risky lane changes. The precise circumstances surrounding your accident may have an impact on the strength of your claim, and it frequently requires the skills of an experienced 18-wheeler accident lawyer to demonstrate that these activities were the cause of your injuries.
The seriousness of the wounds
Due to the size and weight of these massive vehicles, Austin 18-wheeler accident victims frequently incur fairly severe injuries. Serious injuries result in substantial, ongoing medical expenses, additional monetary losses, and modifications to the victim's quality of life.In general, larger compensation is required for these kinds of losses, especially when they are permanent. Any time an insurance company may be held liable for significant losses, you can anticipate a more difficult battle before a settlement.
You may anticipate that an insurance company will try to take advantage of you and pay you as little as possible if you don't have the guidance of an experienced personal injury attorney who knows how to develop a case.
Several insurance plans
The fact that drivers and motor carriers frequently hold separate insurance policies can make your situation more challenging. To have a comprehensive picture of what funds might be available for recovery, you must identify all parties who might be held legally liable for your losses and injuries.A claim for injuries you experience in an 18-wheeler accident may also be covered by your own auto insurance company. A personal injury attorney's ability to navigate this component of an 18-wheeler accident lawsuit is one of their most significant skills.
Cases of wrongful death
The surviving spouse, kids, and parents have the legal right to file a wrongful death lawsuit when an 18-wheeler collision ends in a fatality. Due to the seriousness of this loss, it is crucial that you are completely aware of your legal options in the event of a tragic 18-wheeler accident in Austin.
Additionally, it may be necessary for surviving family members to comprehend and manage the specifics of the deceased's estate, which is a difficult and perplexing procedure. You may better grasp the function of the probate procedure in fatal accident cases with the assistance of an experienced 18-wheeler accident attorney, who will also ensure that the estate is handled properly.
Texas law also permits the estate of the deceased to file its own legal claim based on what the deceased went through from the time of the accident until their death, in addition to the claims available to the surviving spouse, children, and parents.
Losses from this so-called "survival" lawsuit include medical expenses, lost wages, suffering, and physical disability. It is sensible to speak with an Austin 18-wheeler accident lawyer about your case for these and more causes.
They can explain what must be done to help you begin rebuilding your life after a deadly 18-wheeler accident and guide you through the process.
Why are 18- wheelers so dangerous?
What specifically makes 18-wheelers so much riskier than a typical car? Let's look at a few causes:- Combination of weight and speed
- Stopping Distances
- Blindspot
- Hazardous material
- Unsecured cargo
Combination of weight and speed
A loaded tractor weighs 40 tons on average, compared to an average consumer car's 1.5 tons. That is almost 27 times heavier than the typical automobile. Imagine a 40-ton truck moving at 60 mph colliding with a little car; the results may be deadly.Stopping Distances
Large trucks require a lot more stopping distance than a car. Under ideal circumstances, a passenger car traveling at 65 mph needs 316 feet to stop. In contrast, a 40-ton vehicle moving at the same pace needs 525 feet to halt. Large vehicles also have to contend with braking lag.There is a delay between pressing the brake and applying the brakes because of how air brakes operate. Therefore, 18-wheelers need to stop from a greater distance.
Blindspot
The front, both sides, and the back of an 18-wheeler are the four main blind spots on the vehicle. Drivers may have trouble recognizing smaller automobiles in certain situations because of the truck's size and height. |
| Best 18 wheeler accident attorney |
Smaller cars can be driven in these regions quite dangerously, especially if the truck driver doesn't check their blind spots.
Hazardous material
Hazardous goods are frequently transported by semi-trucks on American roadways. Drivers must complete specific training in order to become hazmat drivers due to stricter requirements.Items that are flammable, explosive, radioactive, or poisonous may be considered hazardous materials. If released in the open, these substances have the potential to cause serious harm to both people and the environment.
Unsecured cargo
Enclosed trailers aren't standard on all 18-wheelers. Some semis have open flatbeds, therefore the driver must adequately secure the cargo. If the driver had done a poor job of securing the cargo, accidents caused by unsecured debris could result in injuries or even fatalities.Unsecured cargo is often in the form of raw materials, industrial tools, automobile parts, and other items. As you can see, operating an 18-wheeler involves a lot of risks. Accidents may occur if these hazards are not reduced.
If an accident happens as a result of someone else's carelessness, you have the right to compensation. The best course of action in this circumstance can be suggested by an 18-wheeler accident attorney.
What Should I Do After an 18-Wheeler Truck Accident?
The first and most important thing is to hire an experienced 18-wheeler accident lawyer as soon as possible after the accident. Fighting large trucking companies is something you will need experience to do. These companies have vast resources, including teams of lawyers and experts more than prepared to fight against any lawsuit that comes their way.Having a truck injury lawyer by your side gives you the peace of mind needed to help you recover. An experienced truck accident lawyer will get the evidence needed to prove your truck accident claim, negotiate with the insurance company on your behalf, represent your interests in the courtroom, and make sure you get the compensation you deserve.
However, there are procedures you may do to safeguard your potential truck accident claim after a collision with an 18-wheeler:
- Remain cool and drive away from the accident scene unless you have to get out for safety reasons.
- Do not leave the scene before dialing 911.
- Take down the names, phone numbers, and addresses of all people involved, especially any witnesses.
- Additionally, you should record the names and badge numbers of any police officers who are involved in the accident investigation.
- Record the situation, including the vehicles and injuries, on camera and on video.
- Make sure you obtain the employer information for the truck driver.
- Even if you don't believe you were hurt at the time of the accident, get medical help.
- In many cases, injuries don't become apparent for several hours or even days after the collision.
- As soon as possible after the accident, notify your own insurance carrier so that the claim procedure may begin.
- Just stick to the facts of the matter while discussing with your insurance provider; do not assign blame.
- You are not compelled to give a statement to anybody other than the police and your insurance company; do not discuss the accident with anyone save the police and your own insurance agent.
Common causes of 18-wheeler Accidents?
An 18-wheeler accident's cause isn't always easy to pinpoint. The major cause of the collision may not necessarily be the truck driver. The cause of an accident frequently involves a number of elements.
The most frequent reasons for 18-wheeler accidents are shown below:
- Driver Inexperience
- Driver Fatigue
- Distracted Driving
Driver Inexperience
Prior to receiving their Commercial Drivers License, drivers must complete intensive training (CDL). Each state has its own standards, but generally speaking, drivers need to pass a written test, obtain a learning permit, and pass a driving test.
Companies may be consciously or unknowingly recruiting drivers who are underqualified due to the industry's rising demand for truck drivers. Additionally, examples of trucking license fraud, in which trucking schools issue false licenses, may lead to an increase in the number of untrained drivers on the road.
Driver Fatigue
Fatigue contributed to 13% of accidents involving drivers of commercial motor vehicles (CMVs), according to the FMCSA. Truck drivers may spend a lot of time on the road in difficult circumstances. As a result, driving a big truck comes with a genuine risk of falling asleep at the wheel.
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| Best 18 wheeler accident lawyer |
Regulations on hours-of-service (HOS) limit the number of hours that drivers can be on the road in order to mitigate this danger. For instance, after 10 hours off-duty, drivers are only permitted to drive for 11 hours. Drivers must also take breaks during their shifts, which are required.
Even with these rules in place, driver weariness is still a possibility. In addition, drivers may decide to break HOS rules in order to make delivery deadlines, endangering everyone on the road.
Distracted Driving
A major contributing element in truck collisions and near-collisions is distracted driving. Truck drivers are distracted in some way in about 80% of collisions. Numerous behaviors can result in distracted driving.
It may occur within the cab or outside, and examples include:
- Texting
- Using communication devices
- Food and beverages
- Smoking
- Catching a billboard's eye
Today's GPS technology adjustments make it more challenging for drivers to keep their attention on the road. A fleeting distraction from a tablet, a smartphone, or an in-cab display is all it takes for an 18-wheeler accident to happen.
Improper Maintenance
In order to guarantee the vehicle's safe operation, trucking businesses are required by FMCSA requirements to adhere to high maintenance standards. Among these maintenance requirements are inspections of the tires, fuel system, brakes, and lighting.
To ensure compliance, these components must go through routine safety inspections. Truck maintenance can occasionally be a place where trucking businesses cut corners. Or they might perform the bare minimum to save money. Accidents brought on by poor maintenance, such as malfunctioning brakes or worn-out tires, can cause extensive damage.
For the truck to be properly maintained, trucking companies, maintenance specialists, and truck drivers all have a responsibility.
Bad Weather
An 18-wheeler collision may be caused by unfavorable weather. High winds, snow or ice, rain, and fog are a few of these. Truckers must pay more attention in bad weather because of the wide blind spots and longer stopping distances.
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Truck drivers are allowed to decline to drive if they believe it to be risky under federal standards. But drivers frequently face tremendous pressure to make delivery deadlines. As a result, individuals can decide to keep on driving in bad weather, raising the possibility of an accident.
How Can a Lawyer Help with Your 18-Wheeler Accident Case?
It's never a bad idea to at least meet with an attorney so you can understand your rights and make the best decisions for your case, even though hiring a lawyer isn't always the best option for accident victims.
For example, an attorney can offer the following advantages to the accident victims they represent:
- Education
- Experience
- Investigation
- Proving liability
- Fighting for your rights
Education
After an 18-wheeler accident, many accident victims have concerns about their rights and options. Clients question whether they have a case, how they will pay for their medical expenses, whether they should contact the insurance providers, and whether they need to hire an attorney.
In a first conference call or meeting, an 18-wheeler accident lawyer in Austin who has your best interests in mind may provide you with the answers to all these concerns, enabling you to evaluate whether or not hiring a lawyer makes sense for you.
You will, at the absolute least, have a comprehensive understanding of your rights and options so you may choose the course of action that will benefit your case the most.
Experience
Cases involving 18-wheelers are frequently trickier to resolve than other auto accidents. They necessitate an investigation to find any and all parties who might be held legally accountable for your injuries, as well as knowledge of every insurance company concerned. It may also be necessary to move quickly in 18-wheeler accident cases to preserve evidence that might otherwise be lost or destroyed.
Having a lawyer on your side will make it easier for you to determine the connections between all the important parties, which insurance companies are involved, and who is responsible for your losses and injuries.
If you decide to work with a knowledgeable 18-wheeler accident attorney, they will also shield you from speaking with all of these different parties.
Investigation
Personal injury attorneys are aware of how to get access to resources that can support your cases, such as police reports, medical records, witness statements, and other crucial information that supports better case outcomes, in addition to the investigation required to ascertain how your 18-wheeler accident occurred and who might be held accountable.
Proving liability
Commercial drivers have a duty to operate their vehicles as safely as they can. However, the nature of the commercial trucking industry occasionally leads to drivers engaging in careless actions like reckless driving or drunk driving.
You can get proof to show what negligence caused your particular accident from an experienced 18-wheeler accident lawyer. Getting this right can make a big difference in how your case turns out.
Fighting for your rights
Commercial vehicle carriers and their insurance companies are accustomed to bargaining for cheap settlements and won't think twice to use any strategy that would help them get there. They want to settle the case as quickly and cheaply as possible before you have a chance to properly establish the scope of your short- and long-term losses and injuries.
A good personal injury attorney is committed to producing great outcomes by defending your rights against unsavory characters, corporate interests, and dishonest insurance companies. Fully establishing a case involves a combination of art and science.
Offering support
It's challenging to recover from a catastrophic injury, both financially and physically. An Austin accident lawyer can assist you in finding the medical specialists you need to recover, in managing your care and recovery, and in making sure that medical expenses don't get in the way of obtaining a remarkable financial recovery for your losses.
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| Best 18 wheeler accident lawyer |
Despite the fact that recovering may be challenging, you shouldn't let anything prevent you from receiving fair and reasonable compensation. An 18-wheeler accident lawyer with experience can advise you on the best course of action given your unique set of circumstances.
What to do after an 18 wheeler Accident?
Trying to decide what to do following an 18-wheeler crash can be stressful. Here are some fundamental actions to do after your accident.
Move to Safety
Move your vehicle to prevent another collision if the initial incident was small and it is still safe to drive. Remain seated until help arrives if it is safer for you to do so or if you have serious injuries. To report the accident to the authorities, dial 911.
Exchange Information with the Truck Driver
Share information with the truck driver, such as names, numbers, license, registration, and insurance details. The name of their trucking company and any pertinent connections should also be obtained.
Talk only briefly with the truck driver. Never talk about wrongdoing. A simple apology can backfire on you.
Document the Scene
Take pictures of the situation if you can to record it. Take images of the destruction, wreckage, wounds, and surroundings. Obtain the contact information of witnesses. There's a chance nearby businesses have video of the incident as well.
Seek Medical Attention
A collision with an 18-wheeler may be fatal. Immediately seek medical help. Even if you are not experiencing any symptoms, it is a good idea to see a doctor.
It's critical to obtain a checkup as soon as possible because symptoms like whiplash can appear a few days after the occurrence.
Consult with an 18 Wheeler Lawyer
Accident victims occasionally make the mistake of providing accident accounts to insurance companies without first seeing an attorney for 18-wheeler injuries. Giving away money is not in the insurance company's best interests.
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The insurance firms that support trucking corporations will vigorously contest every claim. Allow a lawyer with experience dealing with insurance companies. You could have the best chance of getting compensated for your injuries by doing this.
18-Wheeler Truck Collision Cases Are Complicated?
Truck accident litigation is difficult because of the complexity of 18-wheelers, auto accidents, and medical problems. In many circumstances, intricate ideas from physics, chemistry, federal trucking laws, biology, medicine, driving standards, and economics are at stake.
Accident victims will have to convince a jury of their case during a trial for an 18-wheeler collision claim by describing what occurred utilizing all of these intricate scientific theories and business-specific norms.
Over the course of more than 60 years, the truck accident team at Munley Law has learned the ins and outs of the trucking business, the science underlying truck collisions, and the best trial and negotiating strategies to achieve the biggest settlements and verdicts possible for our clients.
We have assembled a team that is skilled at presenting the case for why victims like you should receive compensation using field specialists, visuals, witnesses, and technologies.
