How to Handle a Texas Truck Tire Blowout Wreck

One of the leading causes of truck tire blowouts is negligence.  The driver failed to fully inspect the tires, and one of them blew on the highway.  Worn tires, or those that are close to blowing, should be found during routine maintenance and checks, a blowout is a sign that something was missed.

The Car Crash Captain fills us in on what to do, and what to expect, if we’re involved in a wreck from a blown-out tire.

What to Do if hit by Truck Tire Blowout

You have likely seen the aftermath of a blowout – debris on the road.  If you’re ever in the unfortunate situation where your vehicle is hit by the debris and wreck, here’s a few points that you should follow to help your Texas truck accident case go smoothly.

1. Try to stay calm and guide the vehicle to stop without major swerving.  Brake steadily (not hard unless you’re avoiding another obstacle) as you pull over.
2. Check for injuries with you and your passengers.
3. Call 911 and let them know if what happened and where you are.
4. Document the accident.  You, or an uninjured party, should take pictures of everything.  Making a video and narrating what happened can be useful, but be sure not to admit any fault.
5. Gather names and contact information from witnesses.
6. Exchange insurance information with the truck driver.
7. Contact Herbert Law Group, your Texas truck accident lawyers at 214-414-3808.

Who is Liable After a Blowout?

When it comes down to it, the truck driver is responsible to ensure that their vehicle is in good working condition.  Every time they stop, they have a series of checks to perform.  This includes checking their cargo, straps, and equipment.  They should be checking to ensure that each tire is properly inflated, they haven’t worn out too much, and they aren’t going over their mileage limits on the tires – just like with a passenger vehicle, more miles mean the tire is getting close to being worn out completely.

Liability for the blowout, and accident that resulted, can fall on the driver if it’s shown they weren’t diligent on maintaining the vehicle.  However, as we know, truck accident liability isn’t always easy to pinpoint; there are times when manufacturers or installation crews were negligent.

Many trucking companies have legal teams that will find any way they can to push the liability back onto you.  Don’t try to engage with them, without a deep understanding of the law it’s going to be hard.  Even if they do admit fault, the settlement option might not be enough to cover all of your injuries – they’re hoping you settle quickly and they can move on.  You need a professional Texas truck accident attorney.

How Herbert Law Group Helps with Truck Accidents in Texas

That’s where Herbert Law Group comes in.

We know what to look for to prove who was liable for the accident.  We understand how to reconstruct the scene, which companies might have played a role, and ultimately can help show exactly who is liable.

Then, it goes even further.  Proving liability is one thing, but collecting a settlement that will be sufficient is another.  Herbert Law Group knows how much your accident will cost to help you keep living life, and we’ll fight for justice so you aren’t left with unnecessary financial stress.

Let’s chat about what happened, and we’ll figure out how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll be in touch.

What Happens When a Commercial Truck Driver Falls Asleep?

Driving while tired has been compared to driving while drunk.  Many experts actually believe that tired driving is even worse.  Even with all the knowledge out there, many people still get behind the wheel and try to push through to their destination.  When Texas truck drivers fall asleep at the wheel, it can be disastrous.

The Car Crash Captain has the details on what happens when a commercial truck driver operates while tired.

The Results of Commercial Truck Crashes

Due to their size, commercial truck crashes are inherently more dangerous and deadly than other motor vehicle crashes.

According to the Texas Department of Transportation in 2023 there were:

• 38,909 commercial vehicle accidents
• 620 fatalities
• 1,687 serious injuries

There may be even more that were failed to be reported.  There aren’t, however, statistics on how many of those crashes were due to driving while fatigued.

Why Do Texas Truck Drivers Fall Asleep?

The bottom line: Texas is pretty big.

With over 3,200 miles of highways in Texas (that’s not including all the side streets and those not determined to be highways), there are a lot of miles for drivers to navigate.  Some of those roads are long, straight, and frankly a bit boring to drive.

If you have ever taken a road trip, you know that while you’re cruising along, even well rested, you can nod off as your mind drifts elsewhere.

There Are Federal Regulations

Federal regulations try to curb the unfortunate fact that drivers get tired while driving.  Most of these have to do with the number of hours a driver can drive without a break, how many days in a row, and how long of a rest they have to put in between “shifts.”

We have written about these “hours of service” laws before.  Rather than repeat them here, check out the blog about Hours of Service Laws for Truck Drivers.  You can also read the official legal rules on the FMCSA website.

Who is Liable if Texas Truck Drivers Fall Asleep?

When a motorist crashes, it’s nearly always the fault of the person operating that vehicle.  However, when a truck driver crashes, liability can land elsewhere.

Read more: Understanding Third Party Liability in a Truck Accident

When it comes to a driver falling asleep, it sounds like it should be clear that the driver is at fault.  He, or she, fell asleep when they should have stopped to rest, right?  Not so fast.

With modern electronic logs, it’s harder for companies to push drivers to go beyond their legal limits of driving, but it does still happen.  If a truck driver has been forced to drive more than the federally allowable hours, at the threat of losing their job, they might not shoulder the entire blame for the wreck.  Liability could at least partially fall on the trucking company.

How Your Texas Truck Accident Lawyer Helps

Herbert Law Group knows truck accidents.  We understand how they happen, why they happen, and what needs to be done to pursue quick justice.  We know how to recreate the scene, get information that could otherwise be deleted, and track down the truth.

We do all of that for you, so you have to do one thing: heal from your injuries.

If you’ve been in a Texas truck accident, we need to talk about what happened.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll reach out to you for a free conversation so we can determine how we’re able to help.

How Cargo Load Affects Safety on the Road

Trucks keep America moving.  Without them goods wouldn’t be transported, and shelves at all of our favorite stores would be bare.  They’re essential, but they also have strict rules to follow to ensure safety on our highways.  When improperly loaded trucks hit the road, the results can be catastrophic.

The Car Crash Captain looks at the most common ways that semi-trucks are improperly loaded, and what can happen when the regulations aren’t followed.

Not All Trucks are Created the Same

Some commercial trucks can handle larger and heavier loads.  Some aren’t designed to carry as much.  When a smaller truck is overloaded, it’s just as dangerous as a large truck that’s overloaded.  We’ve rounded up the most common improperly loaded cargo issues, but there are certainly many others that can lead to accidents on our highways.

Improperly Secured Cargo – Different loads have different securing regulations.  A truck hauling logs will be secured differently than one hauling toilet paper.  But improperly secured cargo goes further than just the type of cargo.  The wrong straps, worn straps, or the incorrect strength tie-downs can all lead to improperly secured cargo wrecks.

Uneven Cargo Distribution – The weight of the cargo has to be distributed properly throughout the trailer so that it pulls evenly.  It’s also based on where in the trailer the weight actually ends up.  Check out this short video that shows how the wrong weight distribution can cause disastrous effects.

Overloaded Cargo – Too much cargo can mean that the truck is over the weight limit.  Stopping is much harder, brakes can fail, and it’s harder to maintain control.  Overloaded also means the bulk is too big and can lead to other issues with driving on highways.

Improperly Braced Cargo – Bracing is often done with heavier objects.  Rolls of metal, concrete tubing, and more not only require straps to secure them, they require braces to ensure they don’t roll or move during transit.

Cargo Obstructing Views – Drivers need to be able to see what’s going on.  If the cargo is loaded in a way that the driver cannot see around it, they are more likely to have an accident.

Common Accidents due to Improperly Loaded Trucks

• Jackknifing – Improperly loaded trucks can jackknife more easily.  If you watched the video above, you can see how the weight distribution can cause the trailer to spin out from behind the vehicle.
• Rollovers – Overweight vehicles, and those with too much weight up high, can end up rolling if they take a turn too quickly.
• Cargo Spills – Unsecured cargo, or improperly secured cargo, can spill onto the roadway.  The truck may not be in the accident, but the spilled cargo can cause multiple wrecks.
• Loss of Control – Overweight vehicles are harder to control.  Not being able to stop on time is a form of losing control.

Herbert Law Group Helps Truck Accident Victims

Truck drivers are trained on how to load their vehicles.  They’re also trained on how to inspect their loads to ensure they’re properly secured before hitting the road.  When an improperly loaded truck is involved in an accident, the driver may be liable (or the trucking company, or the loading company, or even a third party).

Because it’s not always as easy as saying the driver caused the wreck, that’s why you need Herbert Law Group after you’ve been injured in a truck accident.  We’ll help you collect compensation that fully covers the injuries you sustain.

Let’s talk about what happened.  Call our offices at 214-414-3808 and we’ll have a free conversation to find out how we can help.  You can also fill out the contact form on our site and we’ll reach out to you.

When Safety Records go Unchecked

The Federal Motor Carrier Safety Administration (FMCSA) has specific rules for those operating commercial vehicles.  These rules define everything from truck maintenance to driver training, and even how many hours a driver can operate the truck in any given day or week.

When the rules are broken, ignored, or otherwise falsified, the ripple effect can be devastating.  The Car Crash Captain takes a look at what these safety regulations are all about, and what happens when a commercial trucking company has a bad safety record, but continues to operate.

What Happens when a Trucking Company Breaks the Rules?

Depending on the severity of the rules broken, and the frequency of broken rules, the FMCSA can impose penalties and fines to the trucking company.  If things don’t change, or the violations are severe, the company can be ordered to cease operations completely.  This happened to Ekam Truck Lines in 2017 due to an unsatisfactory rating – they were given the opportunity to improve, but failed to comply and were ordered to shut down operations.

All commercial trucking companies have to follow a standard list of rules to stay in good standing and be able to continue operating.  Some of those rules include:

• Hours of Service: Drivers are limited to how many hours per day and per week they can drive.  These hours are logged digitally in most cases and it’s harder to break this rule than it used to be.  Learn more about the hours of service limits on our previous blog.
• Cargo Weight Limits: You’ve seen the trucking weigh stations on the highway, these are to ensure that a fully loaded semi-truck stays under the 80,000-pound limit.  This helps keep the road from wearing down too fast, and to diminish severity of accidents if they do occur.
• Maintenance and Equipment Inspections:  Trucks have to be maintained and inspected regularly.  Just as it’s illegal for you to drive your car with tail lights that don’t work, so it is for trucks.  Their inspections and maintenance go much further than lights though, and inspections are required before each trip.
• Drugs and Alcohol: Truck drivers cannot take drugs (even prescription drugs must have a statement by a doctor saying they won’t affect their ability to operate the truck) or alcohol within 4 hours of the beginning of their drive.

There are far more regulations that help to ensure truck drivers operate on the road safely with the rest of the motorists out there.

What are the Consequences of Ignoring Safety Records?

Just like in life, consequences range depending on the severity of the infraction.

Warnings – For those first offenses that aren’t serious or egregious, the FMCSA may file a written warning.  If the infraction is corrected, there aren’t longer lasting consequences.

Fines – If it is determined that the company failed to follow guidelines, they may be fined.  If the problems aren’t corrected, the fines can pile up and become quite extensive.

Drivers Removed – Sometimes the driver is the problem.  In these cases, the company and the individual can face penalties including individual fines, loss of license, or retraining.

Company Penalties – In the most severe cases, the company can face fines that cause them to go out of business.  If the fines have reached this point, the FMCSA may have already ordered them to shut down operations.

All of these penalties imposed by the FMCSA have one goal: to ensure that accidents don’t happen.  Every rule and regulation is there to help keep people safe on the road.  Each rule is carefully devised because it was seen that falling outside of those regulations caused injury.

The consequences of ignoring the safety records and violations can mean innocent lives are lost or permanently changed.

How Does Herbert Law Group Help Truck Accident Victims?

Because these issues aren’t as straightforward as they seem, you need Herbert Law Group after a truck accident.

Liability doesn’t always lie with the driver, the trucking company, or even a third-party maintenance company – it can be much more complicated than that.  If you’ve been injured, or a loved one was killed, in a commercial vehicle accident, it’s going to take a lot of work to get the compensation you deserve.

Let us handle that, you focus on healing.

Call our offices at 214-414-3808, or fill out our contact form, and let’s have a conversation about what happened.  We’ll determine just how we can help.

How the Blind Spot can Lead to Fatal Wrecks

We know that when driving there are blind spots.  These areas where it’s difficult, if not impossible, to see create a danger zone that.  If the other driver happens to change lanes while you’re located in the blind spot, they may not realize that you’re driving there.

How does that blind spot change between a passenger vehicle and a commercial vehicle?  What technology is available to prevent blind spot collisions?  Keep reading as the Car Crash Captain lays it all out for you.

Understanding the Blind Spots of Commercial Trucks

While a blind spot in a passenger car is small, sometimes non-existent, that’s not the case with commercial trucks.

For about 20 feet in front of them, the trucker can’t see what’s coming up.  Merging in too soon after passing means you’re slipping right into where they can’t see.

Behind the big rig is an even larger area.  Because of the size of the trailer, the mirrors can’t catch site of you if you’re within 30 feet of their bumper.

Along the sides are larger blind spots.  Especially the passenger side, where the mirrors have trouble seeing, the blind spot can extend from near the cab all the way to the rear of the trailer.

What Can Truck Drivers do to Avoid Collisions?

To prevent wrecks with vehicles in their blind spots, truck drivers have several options to ensure they’re not accidentally colliding with someone they don’t see.

Modern vehicles are equipped with detection systems.  You may even have them on your vehicle – a little light on the mirror that illuminates when someone is next to you so you don’t accidentally merge into them.

Proper training and using convex mirrors eliminate quite a few of the accidents that occur.

Finally, maintaining the trucks is essential – especially keeping them clean so those mirrors aren’t obscured in any way.

What Can Other Motorists do to Avoid Collisions?

If you’re hit while driving in the truck’s blind spot, the trucker will most likely be at fault.  But if you’re permanently disabled, or killed, it doesn’t matter who is at fault, your life is still turned upside down.  So, there are ways for passenger vehicles to help ensure safety.

The biggest thing is to stay out of those blind spots.  Don’t creep up close behind the truck, even if they’re stopped at a light.  Don’t merge back in too soon – if you cut in front, and the driver was looking at something else, they may not even know you’re there.

When passing, make sure you pass through the blind spot quickly.  Remember, if you can’t see their mirrors, they can’t see you (there are some times when you can see the mirror and they still can’t see you).

Finally, be extra aware when a truck is turning.  They need more room, and do wider turns, if you’re in the blind spot and they’re turning, you might get swept away.

After a Truck Wreck, You Need Herbert Law Group

Because of the complications that can arise with these truck accidents, victims almost always need a commercial vehicle accident lawyer.  That’s why Herbert Law Group is here.

Our job is to make sure the insurance company doesn’t stiff you on a settlement.  There will be needs that arise later in life, and only with an attorney can you successfully argue for what you need.

Let’s talk about what happened.  Call our office at 214-414-3808, or fill out the contact form on our site, and we’ll reach out to you for a free conversation.

Untreated Trauma Can Have Devastating Effects

The likelihood of physical injury after a semi-truck accident in Texas is huge.  The likelihood of trauma that comes from that wreck is just as great – a hidden condition that many people don’t realize is there.  Because it can go unseen, coping with trauma is often undealt with.  The result can be devastating on your lifestyle, your emotional health, and your family.

Today, the Car Crash Captain is looking at some of these effects, how they show up in everyday life, and what we need to do to ensure that you are able to heal from both physical and emotional wounds after a major wreck.

Different Types of Emotional Trauma that May Arise

Emotional trauma can come in different forms.  However, when we look at major wrecks, we can see that it primarily results in the following.

PTSD – Post Traumatic Stress Disorder results when someone witnesses, or survives a traumatic event.  It doesn’t often pop up until weeks after the accident, but can cause numbness, disconnectedness, flash backs, and paranoia.

Anxiety – An overall feeling of dread, fear, or uneasiness, anxiety can worsen after trauma.  Symptoms include trouble sleeping, being tense, irritability, and easily startled.

Depression – Often considered to be sadness and lack of interest, depression goes beyond just situational.  It can be triggered by the deep losses after an accident, and it shows up as diminished energy, difficulty sleeping, weight loss or gain, and even recurring suicidal thoughts.

Phobias – A phobia is the extreme (and often irrational) fear of something or an activity.  Phobias that pop up after a major truck accident can involve driving, big rigs, roads, signs, and more.  Sweating, nausea, increased heart rate, and lightheadedness are common symptoms.

No matter how these emotional traumas pop up, or which one you experience, it’s important to seek care for them.

How to Cope with Trauma After a Major Wreck

It’s important to note that most emotional trauma won’t go away on its own.  There’s often little that the individual can do when coping with trauma without seeking outside help.

Find a Therapist – A therapist, or even a psychologist, can help you uncover the trauma, find the core, and treat it.  You may never fully heal, but with the help of a professional you will learn how to cope with it and get back to a life closer to normal.

Learn to Meditate – Many emotional health issues can be helped by looking inward.  As you discover how you truly tick, you can discover how to overcome the issues you’ve been forced into.

Care for Physical Health – Physical health and emotional health are very closely tied.  Maintaining a healthy diet, exercise, and overall caring for the physical body can have great effects in helping care for your mental health too.

Why You Need Herbert Law Group on Your Side

If you have been involved in a semi-truck accident in Texas, you have a lot going on.  Dealing with insurance companies that are likely ignoring the emotional trauma you are going through can only add to the hard times you’re already experiencing.

Herbert Law Group knows that emotional pain is just as bad as physical pain, and needs to be dealt with as part of your settlement.  Let us do all the hard work, and you focus on getting back to life as normal possible.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch for your free conversation to see how we can help.

How Different Weather Contributes to Truck Wrecks

We know that weather can significantly impact driving.  Just take a look at how many wrecks there are when it rains, snows, or otherwise isn’t a perfectly sunny day.  We also know that when the weather is nasty, we have to adjust our driving habits so we don’t end up causing a wreck.

However, not all drivers are quite as aware of the weather.  And not all vehicles are affected by weather the same way.  When you’re sharing the road with semi-trucks, keep in mind that they will drive differently than you do, and it’s important to be aware of the moves they might make.  The Car Crash Captain goes through some of the more common weather mishaps.

Rain and the Wet Roads Beneath You

If you’re in a passenger vehicle, you know that wet roads can get slick.  This is especially true after a period of time with no rain.  A little rain, combined with the oil and gas that has leaked out onto the road, turn the otherwise grippy asphalt into a skating rink… well, maybe not that slick.

While semi-trucks are bigger and heavier, they may still slip on the wet roads.  Greater stopping distance is required (on top of their already longer stopping distance), and reduced visibility makes it harder for them to see you.

Fog and the Reduction of Visibility

Speaking of reduced visibility, have you ever driven into a patch of dense fog?  You can go from absolutely clear, to barely able to see 20 feet ahead of you in a matter of seconds.

Now, consider the fact that a semi takes much longer to stop, and if they come into that same fog, they can’t see very far ahead of them.  If you’ve slowed, or stopped, because you can’t see, there’s a good chance the truck will plow right into the back of your vehicle.

Snow and Ice for the Slippery Surface

Texas isn’t known for snowy weather, but we do get some wild ice storms on occasion.  Often it starts as rain, but then the wet surfaces freeze as the temperatures dip below freezing.  The worst part is when this happens, it’s almost impossible to tell a wet road from an icy road.

Just like your car, a truck hitting that black ice can lose control.  While they will “stick” better due to their weight, when the tires break loose the mass of the truck can cause some serious destruction.

Wind and the Tipping Trucks

There are some highways, usually in the plains or desert where there aren’t trees or buildings to slow the wind, that can be downright treacherous just because of the wind gusts.  When a semi is pulling a trailer that doesn’t have an incredibly heavy load, that trailer can literally just tip right over due to those gusts.

Even without tipping over, a truck in high winds is hard to control.  Wind can push them out of their lane, and into any vehicle driving nearby.  Watch as the high winds in Canada tip a semi onto its side.

Extreme Heat and the Invisible Killer

Often, we consider winter driving, especially if there is snow and ice, to be more treacherous than summer driving.  But the summer creates problems of its own.  High heat can cause tires to become over pressurized, and the softened rubber makes them blow out.  Engine’s overheating and breakdowns are concerns of their own.

Even if the mechanics of the truck are up-to-snuff, heat takes a toll on drivers.  Fatigue and reduced reaction times can lead to driver error and wrecks.

Come See Herbert Law Group if You’ve Been in a Wreck

The best way to avoid a wreck is to be prepared for what’s going to happen.  Understand the road, the conditions, and pay attention to the drivers around you.

Weather conditions can change quickly, and if they do, you have to know how the truckers on the road with you may react.  Never follow closely, try not to stay beside them for too long, and don’t stop suddenly.  When driving proactively like this, the chance of being injured or killed is greatly reduced.

If you have been injured, or your loved one was killed, in a semi-truck accident, then we need to talk.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you soon for your free initial consultation.

Many Semi-Truck Accidents End Better Than Expected

When a semi-truck and a vehicle collide, the smaller vehicle bears the brunt of the damage.  When the average passenger vehicle weighs in at 4,000 pounds, and the semi weighs in at 80,000 pounds (20 times larger), the impact can demolish the lighter rig.  Semi-truck accident survivors tend to be the exception after these wrecks.

The Car Crash Captain looks at three survivors, what happened, and if anything could have been done to avoid the accident.

Amy Suffers Traumatic Brain Injury

Partway through her first semester in college, Amy had a bright future ahead of her.  During a long weekend, she headed home to spend time with her family.  As she signaled left and waited for oncoming traffic to clear, a semi-truck driver coming behind her didn’t notice her in time.  Despite trying to brake, he slammed into the rear of her vehicle, jostling Amy around inside.  The impact was intense, and Amy struck her head on the frame of the car, but didn’t seem to suffer any other major injuries.

Over the next few days major changes in Amy’s behavior were apparent.  Forgetfulness, fatigue, and irritability popped up; traits not common in the bubbly, intelligent, and friendly college student.

Despite doctors saying all was fine, her parents insisted on further testing.  It was discovered that she suffered from traumatic brain injury – a hidden injury that can often go undiagnosed.

Amy was forced to drop out of college for the remainder of her freshman year as she focused on her health.  Despite the set-back, she was able to recover, and then return to school.  Without treatment, she may not have survived.

Benji Gets Trapped Under a Logging Truck

Benji, a professional chef, was driving in Western Washington on a rainy afternoon.  The highway he was on had the right-of-way, with side streets entering required to stop at posted stop signs.

A logging truck was coming onto the highway.  The driver stopped, then proceeded to make a left-hand turn in front of Benji’s vehicle.  The truck driver stopped in the highway, and despite trying to avoid the collision Benji’s vehicle struck the trailer and slid beneath a loaded logging truck.

The roof collapsed and Benji was stuck.  His survival appeared to be a miracle, but his injuries were severe.  Multiple jaw fractures, broken teeth, and a neck fracture meant he was in for a long and painful recovery – one that could end up setting back his career as a chef.  Without a fully functioning jaw, he wouldn’t be able to work.

He had to take a six-month hiatus from his job.  After two full years, Benji’s health had almost returned to normal, but he was still recovering.

Kaleb is Crushed Between Two Semis

Before dawn, Kaleb was driving down a h6ighway he had traveled many times before.  Today, however, the fog was thick and unknown to him there was black ice on the road ahead.

When the semi-truck ahead of him began to lose control, Kaleb tapped the brakes and felt his pickup begin to lose control as well.  Even at the low speeds of 30 miles per hour, he couldn’t maintain control and aimed the front of his pickup for the back end of the semi ahead of him.

With little time to even collect his thoughts, Kaleb looked behind him and saw the headlights of another semi-truck barreling at him.  He braced for impact and his pickup crumpled around him, trapping him between two massive vehicles.

Somehow, he was enveloped in his own vehicle, virtually unscathed by physical injuries.  He was able to twist and wiggle himself free, climb through a hole in the now annihilated pickup, and make his way to safety.  Check out the news story on CNN for an incredible photo of Kaleb, stuck in his truck, yet alive.

Herbert Law Group Helps You Find Justice

All three of these stories have a common theme: semi-truck accident survivors do exist.  However, surviving doesn’t mean there aren’t injuries.  Often, survivors have severe injuries that can take months, even years, to recover from.

Without proper guidance from a personal injury lawyer that specializes in semi-truck accidents, would you receive the compensation that you need to fully recover from those injuries?  Would your settlement help you recover from injuries to your mental health as well?

That’s why Herbert Law Group is here.  We know what it takes, we understand the recovery process, and we are ready to fight for the compensation you need.

Let’s talk about what happened.  Call us at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch for a free conversation where you can tell us how you’re a semi-truck accident survivor.

Myths Abound – Let’s Get to the Truth about Commercial Vehicle Wrecks

Commercial vehicle accidents aren’t always trucking accidents – although that’s the most common commercial vehicle on the highways.  Because of regulations, laws, and a variety of other factors surrounding these vehicles, the way they’re handled is a little different than a typical motor vehicle accident.  Today, the Car Crash Captain is looking into the myths of commercial vehicle accidents in Texas.

Common Myths and Realities of Commercial Vehicle Wrecks

Myth – The Truck Driver is Always at Fault

After being involved in a wreck with a big rig, there are numerous parties that may be liable for the wreck.  The driver is the first to be examined, as driver error and negligence often leads to wrecks.  However, the trucking company, the maintenance crew, the loading crew, or even another party may be at fault.  There are times, too, when the injured motorist is at fault and the truck driver was following the law.

Myth – You Can’t Sue Trucking Companies

Inexperienced attorneys, and those who don’t work in the legal field, find that large trucking companies have intimidating legal presences.  However, that doesn’t mean they aren’t able to be sued.  If their driver, or their company, was negligent, then they need to compensate the injured party – regardless of how big their legal department is.

Myth – Insurance Will Cover Everything

The truth is that insurance would deny every claim if they could.  Their business model is to collect premiums and make money for their shareholders or policy owners.  Paying out settlements means they aren’t making as much money.  That’s why Herbert Law Group is here – we help “encourage” the insurance companies to pay out what they owe to help fully compensate the injured party.

Myth – Claims Follow the Same Process as Car Wrecks

Claims follow a similar process, however, with a truck wreck there’s a lot more that goes into the overall process.  With multiple parties that may be liable for the wreck, injuries that are often more severe (fatal accidents are much more common), and more regulations to know and understand, the process can take longer and become much more complicated than a regular car wreck.

Myth – It’s Too Expensive to Hire a Lawyer

The truth is actually the opposite.  Personal injury lawyers, including truck wreck lawyers, usually work on a contingency basis.  This means if your case isn’t won or settled, you don’t owe any money.  Even with a 20 or 25% fee, your settlement is larger when using a lawyer than if you try to take things on yourself.  Besides, why spend your energy fighting with insurance and a trucking company’s legal team when you should be resting and healing from injuries?

Myth – You Have Plenty of Time to File a Claim Later

You have time, but “plenty of time” may be a bit subjective.  It’s understood that you might be laid up, injured, or the victim may have passed away.  So, the ability to file a claim is open for up to two years from the date of the accident.  However, the more time that passes, the harder it is to prove negligence – this is why you want to start working with an attorney right away.

Myth – Herbert Law Group Won’t Handle Commercial Vehicle Accidents

Herbert Law Group has extensive experience handling commercial vehicle accidents in Texas.  We don’t just deal with car wrecks and motorcycle wrecks, we’ll help you if you’re the victim of a truck wreck as well.

Reality – Herbert Law Group is on Your Side

Our goal is to make sure you’re well taken care of.  Insurance companies have a tendency to minimize claims and pay out less than what is adequate.  We’re here to fight for you.

Let’s talk about what happened, and we’ll dispel the myths of commercial vehicle accidents in Texas.  We’ll learn what happened, and make a plan to help you receive compensation that fully compensates you for your losses.

Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you for a free conversation.

Victims of Commercial Vehicle Accidents Deserve Compensation

After a commercial vehicle accident, there’s a lot going on.  The victim, and their family, are dealing with injuries, death, property damage, and psychological turmoil.  Through it all, they’re expected to navigate the difficult insurance world so they can receive the compensation they deserve.  Insurance companies are counting on the victim being overwhelmed, and they expect them to take a settlement that isn’t quite up to what they need.

What they need is an attorney that specializes in commercial vehicle accidents.  The Car Crash Captain has the information on how victims are protected under Texas law.

Proving Liability in a Commercial Vehicle Accident

Unlike many car wrecks, where the at-fault driver is the one that is ultimately liable for the wreck, commercial accidents are a little bit different.  The liable party may not be the driver, or the liability may fall onto multiple different parties.  They include:

• Maintenance Workers
• Parts Manufacturers
• Cargo Loaders
• Drivers
• Employers
• Trucking Company
• Truck Owner

Some of these may be the same person, or all of them may be different parties.  We’ve written about this in the past; take a look at how to understand liability in a truck accident to learn more about that.

Proving Negligence in a Commercial Vehicle Accident

When you know who is responsible for the wreck, then it’s a matter of determining that the liable party was negligent and they caused the accident.  This is a four-part process.

First, we have to prove that a duty of care was owed to the victim.  This is fairly easy, if you’re sharing the road, you have a duty of care not to injure anyone else that you’re sharing the road with.

Next, we show there was a breach of that duty.  If you’re minding your business and obeying traffic laws, and a commercial vehicle smashes into you, there was a breach of duty.  This could be failure to maintain their lane, running a stop sign or light, or something of the sort.

Third, did that breach directly cause the accident?  It’s easy to prove if a truck runs a red light and T-bones your vehicle.  But what if a truck merges, maybe a little closer than you’re comfortable with, you overreact, lose control, and roll the vehicle?  Is that the trucker’s fault, or yours?

Finally, once the first three are satisfied, were there damages?  These can fall into economic and non-economic damages.  Take a look at attorney Zach Herbert’s post that explains economic and non-economic damages to fully understand these.

Compensation Available to Victims

When the liable party is identified, and negligence is proven, then we can figure out what sorts of compensation are available to victims.

Expenses – Lost wages, medical bills, property damage, and other costs are pretty easy to tally up.

Pain and Suffering – Emotional distress, loss of consortium, and other intangible damages can be a little harder to put a price on.

Punitive Damages – In some cases, the court system may award punitive damages to “encourage” the negligent party to get their act together.  We see a great example in the 1994 case of the McDonald’s hot coffee.  The victim sought compensation to cover medical bills, the court hit the fast-food joint with punitive damages because they didn’t seem to care and didn’t think the problem needed to be remedied.

How Herbert Law Group Helps Victims of Commercial Vehicle Accidents

Considering the fact that if you’re the victim of a wreck like this, you’re likely severely injured – or, you’re dealing with the emotional stress and trauma of planning a funeral for a loved one – will you have the time, awareness, knowledge, and energy to figure out everything we just talked about?

Or will you be so strapped that you just take whatever offer the insurance company gives you?

Most people won’t want to deal with it.  And that’s why Herbert Law Group is here.  We have the experience to deal with it.  We know what to look for, we have previous cases that prove the compensation we seek isn’t out of the ordinary, and we’re ready to help you. Let’s talk about what happened, and determine a plan.  Call our offices at 214-414-3808, or fill out the contact form and we’ll be in touch with you for a free initial consultation.