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What about 18 Wheeler Accident Lawyer San Antonio?
Because of the large-scale damage and catastrophic injuries that regularly arise from 18-wheeler accidents, they devastate victims and their families. Because of their intricacy, these events continue to be difficult for all parties involved, and victims often have a long recovery period, if they recover at all. 18-wheeler accident cases demand the skills of a seasoned 18 wheeler accident lawyer San Antonio who understands how to manage all of the components and variables involved, including higher damages, hefty insurance policies, and frequently many parties.
Consult The Law Offices of George Salinas in San Antonio at (210) 972-5642 for a free consultation to discuss the facts of your case if you or someone you know has been harmed in an 18-wheeler accident. Allow one of our experienced San Antonio 18 wheeler accident lawyers to start working on your case as soon as possible, before the two-year statute of limitations for legal proceedings under Texas law expires.
Texas has seen an increase in trucking accidents:
According to the Texas Department of Transportation (TDOT), semi-trailers and tractor trucks were involved in over 25,000 crashes on Texas roadways in 2017. About 3,300 of the collisions resulted in injuries, some of which were life-threatening, and 433 of them ended in one or more fatalities. These startling data just scratch the surface of Texas transportation accidents.
These figures are up than prior years, owing to Texas’s expanding population and economy. Because of the increasing number of trucks on the road, continued industry and development in the Eagle Ford Shale puts South Texas motorists at danger of an 18-wheeler truck accident. The risk presented by 18-wheelers on Texas roads and highways is real, as local news stories have emphasised.
What are the Most Common 18 Wheeler Accident Causes?
18-wheeler drivers are subject to particular laws and regulations that apply to commercial vehicles. They are also legally obligated to drive cautiously, just as other drivers. An accident can sometimes be caused by a trucking company’s inadequate maintenance or a vehicle or tyre problem. Other times, motorists swerve around semi-trucks, causing collisions.
However, many 18-wheeler accidents are caused by inattentive semi-truck drivers who break traffic laws. The following common traffic law breaches are reported as causes of trucking accidents by the Federal Motor Carrier Safety Administration:
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Driving while distracted:
Distracted driving is defined as any activity that diverts the driver’s attention away from the road. Adjusting the radio, programming a GPS, eating, and other tasks fall under this category. Although these activities are not absolutely unlawful, commercial drivers are prohibited from using a cell phone by federal legislation. Semi drivers may initiate or finish a conversation with a single button press, but they must converse using a hands-free option. Texting while driving is illegal under both federal and state law in Texas.
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Driving when inebriated:
The ordinary individual hopes that an 18-wheeler driver does not drive under the influence of alcohol or drugs. Unfortunately, statistics reveal that truck drivers continue to use alcohol and drugs as a result of long work days and difficult conditions. According to the Federal Motor Carrier Safety Administration (FMCSA), narcotics were found in the systems of 13 percent of truck drivers involved in fatal collisions in 2016.
More than one-fifth of the drivers had a blood alcohol percentage of more than 0.08, which is greater than the legal limit of 0.04 for 18-wheeler drivers. Alcohol and drugs affect a driver’s ability to respond to risks and gauge time and distance, leading to serious or deadly accidents.
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Speeding:
Although speeding does not always lead to accidents, it is still the leading cause of deadly semi-truck accidents. In 2016, roughly a third of all fatal heavy truck accidents in the United States were caused by speeding.
Semi-trucks somewhere between 20 and 30 times larger than the ordinary automobile, depending on how much their cargo weighs. When 18-wheeler drivers travel too quickly, especially in bad weather, they have trouble stopping or making modifications to avoid road hazards.
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Failure to comply with the law:
When 18-wheeler drivers fail to yield, it becomes more difficult for them to come to a swift halt when they see another vehicle. They may not notice the other car at all times. Failure to yield is frequently associated with impaired driving, but it may also be the consequence of truck drivers who are more concerned with sticking to their schedule and arriving to their location than with paying attention to the road.
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Failure to obey signals:
Another traffic offence that frequently occurs as a result of inattentive driving is failure to heed signals. Most drivers, whether in a car, truck, or other vehicle, do not ignore traffic signals and stop signs on purpose. However, if they are preoccupied with anything else, it is simple for them to overlook a signal or a stop sign.
When a vehicle collides with an 18-wheeler that has ran a red light, an under-ride accident occurs, in which the automobile becomes trapped beneath the truck. Under-ride collisions can result in devastating injuries and even death.
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Tailgating :
Truck drivers are frequently seen tailgating since they are in a rush to get to their destination. Leaving a two-second distance behind another car is required for safe driving. An 18-wheeler’s bulk necessitates additional room to slow down.
The Federal Motor Carrier Safety Administration advises that tractor-trailer drivers leave a four to five second interval, depending on their speed.
Drivers must allow at least 8 seconds between themselves and the automobile in front of them when driving in the rain or snow. When an 18-wheeler driver follows too closely, they risk major accidents, which might result in the automobile in front of them being totaled.
What Kinds of Injuries Do 18 Wheeler Accidents Cause?
Injuries received in an 18-wheeler truck collision are similar to those sustained in other types of motor vehicle accidents, except that the truck’s weight and impact make injuries significantly more serious and catastrophic. The following are some of the most frequent injuries that may occur in a truck accident:
- Bones that have been broken and crushed
- Deep abrasions that may result in scarring
- Blunt force to the head and/or traumatic brain damage are examples of head injuries.
- Whiplash is a type of neck injury.
- Injuries to the back and spinal cord that might result in temporary or permanent paralysis
- Damage to the organs
- Internal bleeding
- Loss of limbs is a common occurrence.
- In the case of an explosion or fire, burns that could result in scars.
Liability in 18-Wheeler Accidents in Texas:
Because of the participation of drivers, their employers, and their insurance companies in a lawsuit, truck accident cases are typically complex. South Carolina is a tort liability state, which means that in the event of an accident, the insurance companies and the court will determine who is at responsibility. The truck driver may be held completely responsible, especially if he broke traffic laws like as drinking and driving or talking on a mobile phone while driving.
Other instances, the accident was caused by inadequate truck maintenance or a manufacturing flaw in the vehicle, rendering the trucking firm or a third party accountable. Finally, many parties may share blame in specific instances. For example, if a trucking firm pushes a driver to drive more hours per day than the Federal Motor Carrier Safety Administration (FMCSA) allows or forces a driver to transport a vehicle that requires servicing, both the driver and the trucking company may be held accountable.
In Texas 18-Wheeler Accidents, Seeking Compensation:
If you were injured in an 18-wheeler accident, Texas law allows you to sue for damages to recover losses incurred as a result of the accident and your injury. The seriousness of the damages and the amount of financial and non damage influence settlements and court judgments.
Here are some of the most frequent damages that 18-wheeler accident victims may be entitled to:
- Ambulance trips, emergency room care, hospitalisation, radiography, surgery, medication, and other medical expenses
- Medical expenses in the future for rehabilitation, long-term disability, or catastrophic injuries requiring many operations
- Wages lost owing to time off work due to an injury
- If a victim’s chronic impairment prevents them from returning to work, they will lose their earning capability.
- Pain and suffering, scars and deformity, and loss of consortium with a spouse are examples of non-economic losses.
Comparative Fault in Texas 18 Wheeler Accidents:
When trucking firms and their insurance carriers are named as defendants in a personal injury case, they will try to minimise the claim’s value or escape culpability entirely. While the defence may employ a variety of tactics, such as downplaying injuries, trucking companies distancing themselves from the driver.
The defence frequently attempts to shift blame to the accident victim due to Texas modified comparative fault rule. Comparative blame is the concept of shared liability in which the court allocates culpability to each party and decreases the plaintiff’s compensation by their percentage of fault.
Today is the best time to hire a 18-Wheeler Accident Lawyer San Antonio:
If you’ve been hurt in an 18-wheeler accident, you’re probably dealing with a lot of physical, mental, and financial suffering, including the worry that comes with the serious injuries that trucks accidents inflict. Allow a qualified personal injury attorney to advocate for you and manage the legal nuances of your case while you focus on recovery. For a free consultation to discuss the best course of action for your case, contact The Law Offices of George Salinas online or call our San Antonio office at (210) 972-5642.