The Federal Motor Carrier Safety Administration (FMCSA) reported in its most recent statistics that there were 4,805 large fatal crashes involving trucks, and 60,744 large trucks were involved in injury crashes. FMCSA also reported that 91 percent of fatal large truck crashes only involved one fatality, but 82 percent of those fatalities were not the occupants of the large trucks.
At Cesar Ornelas Injury Law, we are committed to fighting for your rights and ensuring you receive the compensation you need to recover fully. Don’t wait—call us today at 210-957-2103 for a free consultation. Our experienced team is here to support you every step of the way.
What is a Truck Accident and Common Types in Midland, TX
A truck accident involves a collision between a large commercial vehicle, such as a tractor-trailer, semi-truck, dump truck, delivery truck, or tanker truck, and other vehicles, pedestrians, or objects. These accidents can result in severe damage, significant injuries, and even fatalities due to the size and weight of the trucks involved.
Common Types of Truck Accidents in Midland
In Midland, TX, the following types of truck accidents are frequently encountered:
- Jackknife Accidents: Occur when a truck’s trailer swings out and folds into the cab, creating a dangerous situation for other vehicles on the road.
- Rollover Accidents: Often caused by high speeds or sharp turns, resulting in the truck overturning and causing significant road blockages and hazards.
- Underride Accidents: Particularly deadly; in these incidents, a passenger vehicle slides underneath the trailer, often leading to catastrophic injuries.
- Override Accidents: Happen when a large truck runs over a smaller vehicle in front, which can be equally devastating.
The increase in truck traffic due to the oil boom has made West Texas roads significantly more hazardous. With more large trucks traversing the highways, the likelihood of accidents has risen, necessitating a deeper understanding of the risks involved. Each accident type demands a tailored legal approach, underscoring the need for experienced truck accident lawyers.
Understanding the range of truck accidents and their severe consequences emphasizes the importance of legal support. Recognizing accident types and causes helps you and your attorney build a stronger case.
Common Causes of Truck Accidents
Truck accidents in Midland can stem from various factors, many of which are preventable. Key causes include:
Inexperienced and Fatigued Drivers:
- Fatigue impairs reaction times and decision-making.
- Inexperience can lead to poor handling of large vehicles.
- Driver Errors:
- Speeding
- Distracted driving
- Driving under the influence
- Mechanical Failures:
- Brake failure
- Tire blowouts
- Often result from inadequate maintenance or overloading.
- Trucking Company Negligence:
- Prioritizing profits over safety
- Overloading trailers
- Improperly secured cargo
- Neglecting proper vehicle maintenance
- Adverse Weather Conditions:
- Hinder a truck driver’s ability to control their vehicle
- Increase the risk of accidents
Inexperienced and Fatigued DriversRecognizing these common causes highlights the need for stringent safety measures and competent legal representation. Identifying root causes aids in building a strong case and holding responsible parties accountable.
Typical Injuries from Truck Accidents
Collisions with large trucks often cause severe injuries due to their size and weight. Head-on collisions, in particular, can lead to devastating damage and long-lasting consequences for the victims. Common injuries from truck accidents include fractures, broken bones, and concussions, which can have significant impacts on a person’s life.
Concussion complications, like memory loss, cognitive impairment, and personality changes, can drastically affect the quality of life for truck accident victims. Spinal cord injuries are another severe outcome, potentially leading to paralysis and chronic pain that require extensive medical care and rehabilitation.
The severity of these injuries emphasizes the need for immediate medical attention and securing adequate compensation for long-term medical expenses and lost wages. Knowing typical truck accident injuries helps victims and their families prepare for recovery and legal steps ahead.
Why You Need a Midland Truck Accident Lawyer
Dealing with the aftermath of a truck accident involves managing complex legal procedures that differ significantly from ordinary car accidents. Truck accident cases often require a level of care and attention that only experienced truck accident lawyers can provide. Their knowledge can significantly impact the compensation recovered, crucial for victims dealing with high medical bills and extended recovery periods.
Hiring a Midland personal injury attorney ensures your legal rights are protected. A seasoned attorney navigates the lawsuit process, letting you concentrate on recovery while they manage the legal challenges. Mistakes in handling a truck accident claim can lead to dismissed cases or significantly reduced damages, highlighting the need for experienced legal support from Midland truck accident lawyers.
Catastrophic injuries from truck accidents often require substantial settlements to cover medical costs, lost wages, and other damages. Without proper legal representation, truck accident victims may find themselves at a significant financial loss. A lawyer well-versed in trucking accidents helps you understand your legal rights and secure the compensation you deserve in a truck accident lawsuit. At Cesar Ornelas Injury Law, we conduct thorough investigations, gather essential evidence, and build a strong case to ensure you receive the maximum compensation possible. Our team of experienced truck accident attorneys is dedicated to fighting for your rights and supporting you through every step of the legal process.
Liability and the Compensation Claim Process
Liability is a legal term that refers to the responsibility one party has for causing harm or damage to another. In the context of truck accidents, liability determines who is at fault for the accident and, consequently, who is responsible for compensating the victims.
Establishing Liability in Truck Accident Cases
Determining the liable party for a truck accident can be extraordinarily complicated because there are a number of different parties involved in the maintenance and ownership of large trucks. This requires examining various factors and potential parties. Equipment failure, such as faulty brakes and tires, is a leading cause of truck accidents. Neglecting proper vehicle maintenance increases the likelihood of such failures, making trucking companies liable for the resulting accidents.
Some of the different parties that could be held accountable may include:
- Truck drivers — The truth remains that many large truck accidents stem from some kind of truck driver negligence, so this is why so many drivers will be immediate suspects when it comes to pinpointing liable parties. While drivers certainly can be financially liable to victims in many cases, they rarely have enough personal wealth to pay large judgments. The good news is that most truck drivers will have some kind of insurance that should cover most of their losses. Common kinds of truck driver negligence may include a truck driver operating while they were under the influence of alcohol or either illegal or prescription drugs, operating in violation of federal hours or service standards, or other possible violations of state or federal law.
- Truck owners — Instead of the drivers, it is usually a truck owner who is responsible for caring for the truck, which means that large truck accidents stemming from some kind of truck failure such as a blown tire or brake failure could mean the truck owner becomes liable. Remember that there are many federal regulations governing the inspection and maintenance of trucks.
- Companies responsible for hiring truck drivers — Responsibility for hiring qualified truck drivers inevitably falls on trucking companies themselves, but there can be third parties in some cases that could be liable if they are responsible for the hiring of drivers who lack proper commercial driver’s licenses (CDLs), had a history of FMCSA violations, or had a record of prior drunk or drugged driving offenses.
- Loading companies responsible for cargo on trucks — FMCSA has very strict cargo securement rules, and violations of such rules could lead to liability for the cargo loading company when they do not adhere to federal standards. Cargo loading issues can cause all kinds of problems for trucks, ranging from loads shifting and causing a loss of control to cargo falling off trucks and into the paths of other motor vehicles.
- Truck or truck part manufacturers — Any kind of defective part on a large truck that is responsible for a crash can lead to a product liability claim against the manufacturer of that part. Some parts may fail when they were part of the original installation in a new truck, or they could be replacement parts that were part of routine service.
- Maintenance companies or mechanics — Seemingly independent mechanics could be liable when they fail to perform necessary repairs or do not properly address certain critical issues when caring for large trucks. Maintenance issues can range from serious problems such as brake failure and suspension issues to seemingly minor problems such as faulty wipers or burnt-out lights that can still play major roles in large truck crashes.
- State or local governmental entities — In some cases, it is possible that an agency with the state or local government bears responsibility for caring for a road and could be found liable for failure to correct a hazardous condition or at least warn people about dangers.
Using Liability to Secure Compensation
Once liability is established, it is used as the basis for securing compensation for the victims. This compensation can cover various damages, including medical expenses, lost wages, pain and suffering, and other related costs. The process involves:
- Filing a Claim: The victim or their attorney files a claim against the liable party or parties, detailing the extent of the damages and the compensation sought.
- Negotiation: Often, the involved parties will negotiate a settlement to avoid going to trial. This settlement should adequately cover the victim’s losses.
- Litigation: If a fair settlement cannot be reached, the case may go to court, where a judge or jury will determine the compensation based on the established liability and presented evidence.
Establishing liability is necessary for a successful truck accident claim. Identifying accountable parties and required evidence can significantly impact the case outcome. Understanding how liability is used in the legal process helps ensure that victims receive the compensation they deserve for their injuries and losses.
Understanding Damages in Truck Accident Claims
Damages in truck accident claims fall into three main categories:
- Economic Damages: Cover tangible financial losses, such as medical bills and lost wages, which can be quantified.
- Non-Economic Damages: Address intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
- Proving non-economic damages often relies on personal testimonies to illustrate the emotional and lifestyle impacts of an injury.
- Punitive Damages: Awarded to punish the at-fault party for particularly reckless behavior and deter similar conduct in the future.
- Pursuing punitive damages in personal injury cases requires evidence of malicious intent or gross negligence.
The calculation of damages requires a careful assessment of both objective financial losses and more subjective impacts on quality of life. Severe injuries, such as traumatic brain injuries and spinal cord injuries, can lead to long-term cognitive issues and require extensive rehabilitation. Broken bones and internal injuries often necessitate immediate surgical intervention and long-term medical care.
Knowing the types of damages and their calculation is essential for truck accident victims seeking fair compensation. This knowledge can help in building a comprehensive claim that addresses all the losses suffered.
Steps to Take After a Truck Accident
Knowing immediate steps to take after a truck accident can significantly affect your case outcome. Here are the steps you should follow:
- Assess the Condition of Everyone Involved: Ensure the safety of all parties and call 911 if necessary. The safety of everyone is the top priority.
- Move Vehicles Off the Road: If possible, move vehicles to a safe location to prevent further accidents.
- Document the Accident Scene: Take photos and notes of the accident scene, including vehicle positions, damage, and any relevant road conditions.
- Collect Information: Gather contact and insurance details from all drivers involved.
- Consult an Attorney: Contact a skilled truck accident attorney as soon as possible. They can help preserve evidence, guide you through the legal process, and protect your rights.
- Seek Medical Attention: Even if you feel fine, it’s important to see a doctor immediately after the accident. Some injuries may not be apparent right away due to shock or adrenaline. Prompt medical evaluation ensures that any hidden injuries are diagnosed and treated early, which is essential for your health and for documenting your injuries for any legal claims. Detailed medical records from your initial visit can be critical evidence in your case, helping to secure the compensation you deserve.
Taking these immediate, appropriate steps after a truck accident can significantly impact your claim’s success. Preparedness and information can help you manage this challenging time more effectively.
Importance of Immediate Medical Attention
Immediate medical attention is vital after a truck accident. Prompt medical treatment ensures proper injury documentation and aids the recovery process. Adrenaline released during an accident can mask pain, leading to potential underestimation of injuries.
A prompt medical evaluation helps identify injuries that may not show immediate symptoms. Beginning treatment immediately increases the likelihood of a full recovery and minimizes disruptions to daily life. Having a detailed medical record is vital for supporting any legal compensation claims.
Prompt medical care for accident victims can significantly impact their recovery and personal injury claim outcomes. This step is indispensable for both health and legal reasons.
How Cesar Ornelas Injury Law Can Help
At Cesar Ornelas Injury Law, we understand the challenges you face after a truck accident. Our dedicated team is here to support you every step of the way. We conduct thorough investigations, gather essential evidence, and build a strong case to ensure you receive the maximum compensation possible. We focus on protecting your legal rights and alleviating the burden of dealing with insurance companies, so you can concentrate on your recovery.
Our experienced truck accident attorneys fight tirelessly for your rights, ensuring you get the justice and financial compensation you deserve. With our commitment and professional counsel, you can trust Cesar Ornelas Injury Law to handle your truck accident claim with the utmost care and dedication.
Free Consultation and No Fee Unless We Win
At Cesar Ornelas Injury Law, we offer free consultations, allowing you to seek legal advice without upfront costs. This initial consultation helps us understand your case and provide the appropriate guidance.
We operate on a contingency fee basis, meaning you don’t pay unless we win your case. This approach eliminates out-of-pocket costs and provides peace of mind, knowing we are invested in securing a favorable outcome for you.
We are committed to securing fair compensation for our clients and ensuring financial concerns don’t prevent you from seeking legal help. Our experienced truck accident attorneys fight for your rights and help you achieve the justice you deserve.
Contact Us for Midland Truck Accident Assistance
If you’ve been involved in a truck accident in Midland, don’t face the aftermath alone. Call Cesar Ornelas Injury Law today at 210-957-2103. Our dedicated team is ready to support you through every step of your recovery process. We are committed to fighting for your rights and ensuring you get the compensation you deserve. Contact us now for a free consultation and let us help you get back on the road to recovery.
Frequently Asked Questions
What should I do if the truck driver’s insurance company contacts me?
If the truck driver’s insurance company contacts you, it’s important to be cautious. You should avoid giving any recorded statements or signing any documents without consulting your own attorney first. Insurance companies may try to minimize their payout, so having legal guidance ensures your rights and interests are protected.
How long do I have to file a truck accident claim in Midland, TX?
In Texas, the statute of limitations for filing a personal injury claim, including truck accidents, is generally two years from the date of the accident. However, it’s advisable to start the process as soon as possible to preserve evidence and witness testimonies. Consulting with an attorney early on can help ensure all deadlines are met.
Can I still file a claim if I was partially at fault for the truck accident?
Yes, Texas follows a modified comparative fault rule, which means you can still file a claim if you were partially at fault, as long as you are not more than 50% responsible for the accident. Your compensation will be reduced by your percentage of fault. It’s important to have a lawyer who can help accurately determine fault and maximize your compensation.
What types of evidence are important in a truck accident case?
Important evidence in a truck accident case includes police reports, witness statements, photographs of the accident scene, and vehicle damage. Additionally, electronic logging device (ELD) data, maintenance records, and driver logs can provide crucial information about the truck’s condition and the driver’s actions leading up to the accident. Collecting and preserving this evidence can significantly strengthen your case.
What if the trucking company denies responsibility for the accident?
If the trucking company denies responsibility, it may be necessary to conduct a thorough investigation to gather evidence proving their liability. This can involve reviewing maintenance records, driver logs, and any violations of safety regulations. An experienced attorney can help build a strong case to hold the trucking company accountable.
Additional Resources
How Many Accidents Are Caused By Semi Trucks?
What Should I Do if the Commercial Vehicle Driver Leaves the Scene of the Accident?
