GOING UP AGAINST THE INSURANCE COMPANY ISN'T A FAIR FIGHTIT'S TIME TO LEVEL THE PLAYING FIELD
When you’re facing a million dollar trucking company and their billion dollar insurance company, you want someone in your corner who can win the fight. Clients regularly choose The Truck Accident Titan to fight for maximum justice.
Texas Truck Accident Lawyer for Serious Injury and Wrongful Death
You have the right to have a voice. If you have been injured or suffered significant loss from a truck accident, you need a personal injury attorney who can fight for your rights and protect your outcome. The latest information from the Texas Department of Transportation shows that there were 536 fatal commercial motor vehicle accidents in 2018 in Texas, resulting in 611 deaths. In addition, 1367 people suffered serious injuries. In total, there were 37,515 total crashes that year in the state.
The Law Office of Eric Ramos can help you. We are a South Texas law firm devoted to helping those injured by large trucking companies and negligent drivers. Our goal is to provide complete care and comprehensive guidance to every individual and family we represent. If you or a loved one have been injured, you have enough to worry about. Let us take up the fight so you can focus on getting better.
Offices in San Antonio, Laredo, McAllen, and Midland
With out primary office in San Antonio, we handle cases in every county in Texas. Our team will make sure to give you the care and attention your case needs regardless of where you are.
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No Fee Unless We Win
You pay no attorney’s fees or expenses unless we win or settle your case. When we take your case we go all in. We’ll invest the time and money necessary to achieve outstanding results.
Small Volume = Big Results
We make a conscious effort to fully commit to every case we have. For this reason, we are selective with accepting new cases to ensure we can provide the highest level of service to each client.
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We have a technology-based practice that not only handles your case efficiently, but keeps you in the loop along the way. We pursue continuing education to stay ahead of the big defense firms and bigger insurance companies.
What Causes Truck Accidents?
Numerous factors cause truck accidents. Many times, they are due to operator error or some type of incident in which the driver made a mistake. This may include speeding or driving in a reckless manner. If a truck driver is speeding, and he needs to stop fast, it can take 20 to 40 percent longer to make that vehicle stop than it would behind the wheel of a passenger car. This makes the risks of injury and damage significantly higher. If road conditions are bad, such as being wet or packed with snow, this makes it even worse.
Imagine the most common types of truck accidents. They involve vehicles such as:
- Log carriers
- 18 wheelers
- Dump trucks
- Garbage trucks
All of these are incredibly heavy, large vehicles. The amount of force behind these vehicles is incredible. That, coupled with the overall braking necessary to stop these vehicles, means accidents are very common. Generally, they occur because Texas truck drivers make key mistakes, creating a heightened risk for being unable to control the vehicle.
So what’s behind the accidents, then? These are some of the most common truck accidents our law firm sees on a routine basis occurring in Texas:
- Truck driver negligence
- Faulty vehicles including wheels
- Failing to maintain a safe distance with other vehicles on the road
- Other forms of reckless driving
- Poorly maintained trucks
- Failing to load freight safely
- Failing to make turns safely
Drivers are tired, unable to respond to changing road conditions, and often not filling loads to ensure they are balanced and level. All of this leads to a truck accident occurring.
Why Are Truck Accidents Different from Car Accidents?
Truck accidents are far more risky than those involving a car. As noted, cars are lighter in weight and generally operated without as much power behind them. Commercial motor vehicles can weigh as much as 80,000 pounds, sometimes even more. That is often 20 times as much as the average passenger vehicle you’re driving.
When 18-wheeler drivers get behind the wheel, they are generally going to benefit from getting to their drop off location at the fastest rate. They are generally financially encouraged to get there sooner. That is one of the key differences here because that motivation can often increase the risks drivers are willing to take on the roads.
Considering that, also take into consideration what makes a car accident with a truck more dangerous or different than that with another car:
Big and Expensive Policies
Truck companies and truck drivers have insurance policies that have much larger levels of protection than what car accident policies offer. These are often 50 times more so. This means millions of dollars in coverage is generally in place. These are expensive, too. That is why nearly all trucking companies and drivers will have high-powered attorneys that working feverishly to ensure their client’s name is never associated with an accident. They have many tactics to make this happen, too. They are more motivated to find a way to keep costs as low as possible in every case. If you have a trusted 18-wheeler accident attorney in Texas working for you, you can be compensated under this high coverage policy.
Injuries Are More Serious
The impact due to the force of these accidents make truck accidents far more dangerous than car accidents. It is very common for people to suffer intensive medical conditions with long-lasting damage. This can include everything from spinal damage and brain injuries to broken bones and even loss of life.
Car Damage Is More Significant
Along with that force comes the ability to destroy vehicles. Truck accidents nearly always create a situation in which the vehicle is damaged significantly if not destroyed. This often leads to a complete totaling of the car, requiring replacement.
Medical Bills Are Higher
Because of the damage from car accidents, those involved in a car accident with a truck are likely to have not only bigger medical bills due to the emergency room visits, but also long-term coverage needs. It may take much longer to heal and rebuild, rehabilitate, and regain confidence after such accidents.
You’re More Likely to Suffer Death
Beyond any other factor, this one is the most devastating. If you are in a car accident with a commercial truck, you are more likely to suffer a fatality than those accidents with other cars. According to some reports, there are as many as 5,000 fatal accidents involving trucks every year. That’s an expensive, terrifying statistic.
Types of Truck Accidents That Typically Occur in Texas
There are many ways 18-wheeler accidents can occur. Each accident needs to be analyzed thoroughly to ensure we know what caused it. Here are a few examples of truck accidents we’ve seen occur here in Texas:
Jackknife Accidents: These occur when the tractor trailer’s axle brakes lockup. This creates a skidding situation and generally leads to the truck stopping at a 90-degree angle. The driver has no control at this point, often leading to a rollover.
Rollover Accidents: Speed, swerving, and other causes can lead to a rollover truck collision. This can also happen when inclines are too steep or when the curb is hit.
Rear-End Collisions: If a truck cannot stop fast enough, it can lead to a rear-end collision occurring. This can be very damaging, especially if vehicles are traveling at fast rates. It takes 426 feet for a truck to stop if it is going just 60 miles per hour.
Brake Failures: Poor maintenance or installation can lead to brake failures. If the brakes fail, there is no way to fully stop the vehicle quickly. In other cases, the braking may not be applied properly, leading to a runaway truck.
Many other types of truck accidents can occur, including mistakes with wide turns, blind spot mistakes, road construction-related accidents, DUI-related accidents, speeding, and much more.
Truck Driver Federal Regulations – They Have to Follow the Rules
Because of just how dangerous trucking accidents are, there are now laws in place that aim to reduce some of the most common risks. These are managed under the Federal Motor Carrier Safety Administration. They are designed to ensure that truck drivers have the necessary work conditions to drive safely. That means they are less likely to be fatigued behind the wheel, or they are less likely to make mistakes related to distraction or speeding. These truck driver rules include these specifics:
- Drivers can only operate 70 hours a week or less.
- If a driver works 70 hours in a given week, they cannot work for another 34 continuous hours – creating at least a 34-hour break between weekly shifts.
- The driver must take at least a full 30-minute break during the first 8-hour shift he or she works.
More so, trucking companies now must be responsible for their truck drivers. This includes monitoring whether they are following these and any other rules set forth by the Federal Motor Carrier Safety Administration. These rules are to be followed precisely, or significant fines occur. Yet, it is very common for truck drivers not to provide accurate information – and sometimes they just don’t get caught doing that!
What Should You Do After a Truck Accident?
After a trucking accident, your first and most important step is to call 911. Then, consider these steps ensuring that you are completely safe to do so. Here are some key rules to follow after a truck accident.
#1: Get Medical Attention Immediately
This includes going to the emergency room even if you feel okay. Get a comprehensive exam. Your injuries may not be present or noticeable for a few days. You may need a secondary assessment.
#2: File a Report with the Police
You need to report this claim. If you are in the ER, you will need to leave the scene according to your medical injuries. Even then, the police will come to you to gather information. Be sure to complete a full report about what occurred. Never admit to making a mistake.
#3: Gather Documentation for the Accident
It is up to you to gather any data you have on what happened. This includes any details about:
- Other people involved
- Photos of the incident
- Witness statements or names
- Security camera footage nearby
Your attorney can help you with this process as well. When you call our truck accident attorneys – which is your next step – we’ll guide you through this process. Let us help you from the start. Call the Law Office of Eric Ramos for immediate help.
Legal Time Limits in Texas to File a Complaint After a Truck Accident
You have to take a step to file a claim – there are time limits on how long you have to file a complaint about a truck accident. Keep in mind that you do have time. You should never feel rushed to file, especially if you are not working with a truck accident attorney.
The legal time limit you have to seek compensation for losses is 2 years from the date of the accident. You need to act prior to this time in order to file your compensation claim.
How Can We Help You as a Truck Accident Attorney in Texas?
It’s our goal to help you every step of the way through this process. Here are our promises to you:
- We force trucking companies to take responsibility
- We prove that the company and driver are at fault
- We sue those responsible to ensure you receive full compensation
Who Should You Sue After a Truck Crash?
Determining responsibility for your truck accident is not easy to do. There may be others responsible for your losses. We will look at all of those potentially responsible including:
- The truck driver
- Owner of the truck
- The truck company
- The truck leasing company
- The company leasing the trailer
- The manufacturer of the truck, trailer, or key parts
- The shipper preparing the load for transport
How Compensation Is Determined
It’s a loaded question. How much have you lost as a result of the truck accident? To determine this, we have to look at all the losses that you’ve suffered and place a value on them. This includes actual financial figures as well as non-economic damages. Here are some key areas that are common in commercial vehicle accident compensation claims:
- Current medical expenses including all surgery, emergency room decisions, and any appointments you have
- Future medical expenses including compensation for long-term needs you’ll have
- Mental anguish claims for the pain you feel including fright, nervousness, embarrassment, grief and more
- Pain and suffering including compensation for the physical pain you’ve suffered
- Lost wages for the time spent unable to work due to your needs
- Loss of earning capacity when you are unable to make the same income or do the same work as a result of your injuries
- Loss of consortium, which is awarded to parents, minor children, and spouses for their loss of companionship and care
What’s right for your case is likely to differ from anyone else’s. With the help of a trusted truck accident attorney from our team, you will be able to know what type of losses you’re facing.
What to Do Right Now for Help
If you’ve been hurt in a truck accident, call our personal injury attorneys now. We know how to fight to protect your rights and ensure you get the compensation owed to you. Don’t wait. Don’t speak to the insurance company. Let us help you at the Law Office of Eric Ramos.