Will the Trucker Shortage Lead to More Truck Wrecks?

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A Variety of Factors Must Be Considered

It’s estimated that by 2030 there will be a shortage of 160,000 drivers in the trucking world.

Over the next ten years, when you account for drivers retiring, there’s a need for a million new truck drivers to be trained and hit the road.  With all things considered, the trucker shortage isn’t likely to get better (barring some major innovations in self driving trucks), and can have drastic effects on traffic on our major highways around the country.

As personal injury attorneys in the Dallas area, we’re concerned with safety on the road.  Will fewer trucks mean fewer wrecks?  Or do other factors come into play that could cause the dangers to dramatically increase?

Fewer Trucks Means Less Traffic

As roads become more populated, more congested, and overall traffic increases, the likelihood or wrecks increases too.  This goes for truck wrecks, car wrecks, motorcycle wrecks, UFO wrecks, and everything in between.

As the trucker shortage worsens, it’s only fair to assume that there will be fewer semi trucks on the highway.  In theory that should reduce the number of truck wrecks on any given year.

Unfortunately, the following issues might not make that a reality.

Bigger Push to Get People Driving                      

Because shipping companies need drivers, there will be bigger and harder pushes to get drivers on board with their new career.  Increasing wages is one method, and that’s a great way to keep the economy moving.  But there are downsides that can come with a push for new drivers.

Getting drivers up and running sooner can mean skipping over some important training.  It can also mean drivers that would be passed over due to their driving record, background checks, or the fact that they just aren’t a good fit may be ignored.  The result is drivers on the roads that are improperly trained, or unfit to be behind the wheel of a big rig.

A Trucker Shortage means More Miles and Longer Hours

Let’s suppose you have to move 10 loads of cargo.  With 10 drivers it would all get done at once.  But if you’re short 5 drivers, it now takes twice as long.  To compensate, drivers may be encouraged to push the limits and drive more miles and for longer hours (this is illegal, by the way, drivers are limited to how much they can work in a given period).

Pushing the limits, fudging the numbers, and overall ignoring the laws might look like it’s a good way to get more done.  But fatigue is a real issue, and can lead to deadly consequences.

Heavier Trucks to Haul more Cargo in Fewer Trips

An alternative to driving longer and farther is to just load up the trucks a bit more.  Legally a truck must stay under 80,000 pounds, but there are always ways to get around that.  It all depends on how sneaky a company is, and what they’re willing to risk.

An overweight truck may land the driver or company a hefty fine.  In some states it could result in jail time for the driver.

But the consequences might be more severe.  Overweight vehicles don’t just put a strain on the road, bridges, and other infrastructure.  They’re incredibly difficult to stop in an emergency.  That lengthened stop time can mean deadly crashes.

Drivers Moving Faster than Necessary

When you’re limited on how much weight you can haul; limited on how many miles and hours you can drive; and understaffed, then you end up taking more risks.  Like speeding to the destination in order to stay within the allowable hours of drive time.

The trucker shortage may lead to more big rigs zipping down the road at dangerous speeds.  These vehicles are already difficult to stop.  Add a few more miles per hour, and the risk of deadly crashes increases dramatically.

Let Herbert Law Group Help with Your Truck Accident

Whether the trucker shortage plays a factor into a wreck you’ve been involved in is irrelevant.  You have just one goal: to heal from your injuries.

But when you’re dealing with the stressful situation you’ve been forced into, healing doesn’t come easily.  And that’s why you need a truck accident lawyer from Herbert Law Group.

With extensive knowledge on truck accidents, you can take comfort knowing that your case is being handled with care.  The result is that you don’t have to stress out about the details, and put all your energy into healing from injuries.

Give us a call at 214-414-3808, or fill out the contact form on our site to get started with your free consultation.

The Hazards of a Tanker Truck Accident

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Tanker Trucks come with a Host of Secondary Dangers

Big rig trucks pose more danger on the highways than passenger vehicles; it’s merely a matter of size difference.  A big truck has more force than a smaller vehicle.

But not all trucks are equal.  A fully loaded rig is going to pack more of a punch (and take longer to stop) than one running empty.

A tanker truck accident is going to pose even more problems.  Depending on the cargo in the tanker, serious dangers could arise after the accident.

Tanker Trucks versus Trailer or Flatbed

Even liquid cargo has to be hauled, but the means of storing that cargo is different than dry goods.  Those cylinder tanks aren’t just for looks.

Without sharp corners, a tank doesn’t have weak spots like a rectangular container does.  This helps to contain the cargo if the vehicle does wreck, and allows for pressure changes throughout the trip.

The cylindrical shape allows the bulk of the weight to be down lower, keeping the center of gravity low to the ground to prevent the truck from tipping or rolling.

That shape also allows the cargo to be drained easier without getting caught in little nooks and crannies.

Finally, what we can’t see is inside the tanks.  They’re designed with baffles to help ensure the liquid doesn’t slosh all over the place in the event of a sudden stop.  Here’s a great video that shows a simulation of how the truck can stop up to 25 feet sooner with the baffles versus without.



Dangers of Tanker Truck Accidents

The dangers of the tanker truck accident have to do with the cargo being moved.

When hauling inert cargo like milk, the spillage from the wreck might end up smelling pretty bad, but it’s not likely to cause injury or damage to lives.

But many of these trucks are hauling oil, gasoline, or other hazardous materials.  If there’s a spill when these tanker trucks wreck, the chemicals and fumes can cause more damage than the crash actually does.

Take for instance, a tanker truck that turned over in Mississippi a few years ago.  The truck spilled thousands of gallons of hydrogen peroxide.  Left on its own, the hydrogen peroxide will eventually break down into water and oxygen, but if anyone comes into contact with it before it breaks down it can pose a serious hazard to human health.

Gasoline, that could explode, or other chemicals that can be fatal if inhaled, pose even greater risks.

Let Herbert Law Group Help with Your Tanker Truck Accident

If you have been involved in a tanker truck accident in Texas, then you need an attorney from Herbert Law Group on your side.

These complicated insurance claims can be difficult to navigate if you’re not dealing with trucking companies and insurance companies every day.

Let us take that stress off your plate, so that you can focus on healing from your injuries.

Give us a call at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you for your free consultation.

The Crossroads of the Most Dangerous Highways in the USA

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Two Dangerous Highways Intersect in Dallas

Car wrecks and semi truck crashes happen all over the US.  There isn’t a state that doesn’t suffer from deadly crashes on a daily basis.

There are, however, some areas that see more wrecks than elsewhere.  Generally in areas where traffic gets congested, these wrecks are put into a data base, and reports come out often on where the most deadly highways are around the US.

If you have been injured in a wreck, or if a loved one was killed in a wreck, then you need to talk with Herbert Law Group to get things settled in your favor.

The Most Dangerous Highways in the Country

The National Highway Traffic Safety Administration keeps track of all things related to the road.  They pay special attention to deadly collisions from all over the place.

This data is then distributed in reports, and various companies analyze those reports to bring us concise information on where we should pay extra attention when we’re driving.

The Zebra recently compiled the data into the top 10 deadliest highways in the USA.  These highways are all over, and not confined to just one place.  They’re on the East Coast, the West Coast, the north, the south, and everywhere in between.  The common factor: they see a lot of traffic.

That’s where we have found that Dallas, Texas is where two of the deadliest highways meet.

The Intersection of I-20 and I-35

Coming from West Texas, and dropping just below Fort Worth and Dallas, I-20 travels through the southern states to ultimately end in South Carolina.  Despite being one of the shorter sections of highway on the most dangerous highways list, it comes in at number 2 for the most fatal accidents per mile.

Right on the Mexican border at Laredo, Texas, and going nearly straight north to Duluth, Minnesota, I-35 is one of the most popular trucking routes in the US.  It cuts through San Antonio, Austin, and Dallas, creating a series of heavily congested areas that are packed with truck traffic.  This highway is the fifth most deadly in the US.

As I-35 approaches Dallas from the south, it splits.  I-20 then intersects with 35W near Fort Worth, and 35E near Dallas.  There is no data readily available on whether or not the intersections of the second most deadly highway, and the fifth most deadly highway, combine to make an even deadlier area.  But we can only imagine that as a popular trucking route passes through the Metroplex, it’s an area where every driver needs to be extra vigilant about keeping their eyes on the road.

Find Help with a Dallas Personal Injury Lawyer

Here at Herbert Law Group, our goal is to take away the stress that you feel after an accident.  You have a lot going on, and dealing with insurance companies that are trying to minimize settlement offers is about the last thing you should ever have to worry about.

Instead, whether you’ve been in a car wreck, a motorcycle wreck, or a truck wreck, we will get that stress off your plate, so you can focus on healing.

Give us a call at 214-414-3808, or fill out the contact form on our site, and let’s get to know you, and see how we can help with your accident.

Understanding Third Party Liability in a Truck Accident

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Truck Accidents can have Multiple Responsible Parties

Most auto accidents have two parties that could be liable.  There is an at-fault driver and a victim of the wreck.

But truck accidents can get a lot more complicated.  There can be a number of different parties that are held liable, and when third party liability comes into play, it’s hard to navigate these claims.  That’s when you will want a Texas truck accident lawyer on your side.

How Third Party Liability Occurs in a Truck Accident

In most two vehicle accidents, there are only two parties involved.  However, truck accidents are different.  They can involve one, or more, parties outside of the passenger vehicle driver and the truck driver.  Parties can include:

  • Maintenance worker on the truck
  • Parts manufacturer
  • Cargo loader
  • The driver
  • The driver’s employer
  • The trucking company
  • The truck owner

Of course there could be some overlap, such as an owner/operator.  And often vehicle maintenance is assumed to be the driver’s responsibility.  But there are other factors that come into play.

If you are involved in a truck accident, do you know how to determine which party has at least partial liability?

What happens if Multiple Parties are Involved?

If you are rear ended by another passenger vehicle, and nobody is injured, that’s a pretty straight forward wreck: the at-fault driver’s insurance should pay to fix your rig.

How does a wreck look in a truck accident?

The truck driver may not have followed Federal Trucking Regulations; that negligence could have led to your wreck.

But the owner of the truck may not have maintained the vehicle properly, or ignored parts that needed to be replaced because he or she was trying to save money; their negligence could have led to your wreck.

Those that loaded the cargo onto the truck might not have loaded it properly, or secured it properly.  That negligence could have led to more strain on the truck than it could handle, and resulted in your wreck.

Or even if the truck was driven within legal limits, maintained properly, and loaded correctly, if a replacement part wasn’t manufactured right, it could break prematurely and lead to your wreck.

Often, however, it’s a combination of many different factors.  All of them building on each other, and culminating in a tragic accident.

If you’re involved in a truck accident, where multiple parties are held liable, that’s a much bigger issue, and multiple insurance companies need to be informed with claims submitted to each one.

Get Herbert Law Group on Your side

With so many different factors, and potential third party liability, truck accidents can be difficult to navigate.  The insurance companies are counting on that, so when a settlement is offered, you’re so overwhelmed that you accept it even though it may not fully suit your needs.

That’s why you need a Texas truck accident lawyer on your side.  That’s why you need Herbert Law Group to help get you through this tough time.  Leave the mess to us; you focus on healing from injuries.

Let’s get started on your free consultation.  Give us a call at 214-414-3808zz, or fill out the contact form on our site and we will be in touch.

What if I’m Blamed for a Truck Accident?

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When the Semi Driver Blames You for the Truck Accident

After a wreck, few people want to take the blame.  It’s just human nature to try to pass the buck.

But if you’re involved in a truck accident, and the semi driver gets out and says you’re at fault, what should you do?  Should you argue, bust out the dash cam footage, maybe try to fight him?  We don’t recommend fighting anyone, just for the record.

Here’s what you need to do after a truck accident.

Keep Your Cool

Just like any other situation, losing your temper is going to make things worse.  Nobody wants to deal with an angry yeller, so no matter how frustrated, irritated, and down-right mad you feel, stuff those emotions until later.

Even if the truck driver is yelling at you, saying you’re to blame, calmly explain that you want to wait until the police have arrived before making any statements.

When the cops come, stick to the facts.  Merely state what happened, and avoid words like “I caused this…” or “I accidentally…” or especially, “It was all my fault, I’m to blame.”  Let the police write up the report based on the evidence.

Make sure that you have Herbert Law Group programmed into your phone so you can let us know you will likely need a truck accident lawyer soon.

Flag Down some Witnesses

While you’re waiting for the police to arrive, make sure you at least get contact information from those who witnessed the crash.

If they’re willing, get a statement right away on video or an audio recording.  Some people aren’t going to want to be recorded, that’s fine.  At least get them to tell you what they saw, and later you can contact them again and get a statement in writing (or, perhaps let your truck accident lawyer handle that).

Ensure a Police Report

Police reports are often available within a few days of the incident.  You will have to request a copy, and you will have to head down to the police station to pick it up.  They’re in the business of serving and protecting, not mailing out reports.

Get that police report to your favorite lawyer based in Richardson, Texas right away so it can be double checked for accuracy.

Talk with a Truck Accident Attorney in Texas

And of course, the most crucial aspect of ensuring that you’re not raked over the coals after an accident, is talking with a truck accident attorney in Texas.  Perhaps you will want to talk to the one who is providing you with this how-to guide following the truck wreck.

An attorney is going to help you in ways that would be incredibly difficult to handle on your own.  We have seen a lot of truck accident claims over the years.  We know the evidence to look for, the signs of fault, and we know how to deal with those insurance companies that are relentless in their quest to pay you less than you deserve.

All you have to do is fill out the contact form on our site, or give us a call at 214-414-2808 and we’ll get started on your free consultation.

The Top 5 Types of Texas Truck Accidents

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Texas has a lot of Truck Accidents; Here’s What Causes Them

Texas has a lot of people, a lot of manufacturing, and a lot of trucks on our highways.  We’ve talked about how Texas has proportionally more fatal truck accidents than the rest of the country.

But have you wondered what those Texas truck accidents consist of?  Even with more trucks on the road than other states, our infrastructure should be able to handle them.

There are still a lot of wrecks, here’s what happens in those wrecks.

Five Causes of Texas Truck Accidents

The causes of the wrecks are often due to driver error.  Of course, if you have read many of our posts on Texas truck accidents, you know it’s not always quite as straightforward as blaming the driver.

Regardless of why the accident happens, here is what happens in the wreck.

Blindspot Collision – We all have that one weird spot that’s called our blindspot.  It’s kind of behind and to the side of us.  With a big truck, that blindspot is even bigger; even with extra mirrors.  If the driver isn’t paying attention, merging lanes without checking the blindspot can lead to a collision.

Jackknife – Even after driving a lot of miles on highways around the country, I have only seen one truck that has jackknifed.  When the brakes on the cab lock up sooner, or harder, than the brakes on the trailer, it causes a jackknife accident.  The semi is virtually uncontrollable at this point and can lead to further collisions.

Truck Underride – Underride collisions are some of the most deadly Texas truck accidents.  When a smaller vehicle collides with the side of the semi, or rear ends the trailer, the smaller vehicle can go under the trailer.  We talked about truck underride collisions before, and some of the technology used to prevent them.

Rollover or Tip Over – To call it a rollover accident really wouldn’t be accurate; most big rigs aren’t going to fully roll over.  Instead, they’ll tip on their side.  It’s usually due to taking a turn too fast, or failure to navigate a high wind area properly.

Rear-End Collision – Trucks are big and heavy, they take a long time to stop.  When a driver follows too closely, they cannot stop in time if the vehicles in front of them suddenly slow.  This isn’t justification for brake checking, but when vehicles legit have to stop suddenly, it can be deadly if a driver is following too close.

Herbert Law Group Helps with Texas Truck Accidents

Accidents with passenger vehicles can be a pain to deal with.  Accidents with commercial vehicles have a whole lot more going on.  There often isn’t a straightforward answer to “who was at fault?”

If you get in a wreck with a big rig, there’s a good chance you will be severely injured.  Don’t spend your time trying to recuperate from your injuries and trying to deal with insurance and trucking companies!

Let Herbert Law Group help with your Texas truck accident.  We have dealt with hundreds of claims before, and know just what to look for.

Fill out our contact form, or give us a call at 214-414-3808, let’s get to know you, and see how we can help with your claim.

Semi Truck Accidents Caused by an Unloaded Truck

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Empty Loads can Lead to Semi Truck Accidents

We know that a fully loaded semi truck can weigh as much as 80,000 pounds.  That much mass exhibits quite the force in a semi truck accident.

But we must also consider the dangers of a truck that isn’t loaded.  Whether the driver is pulling an empty trailer, or running “bobtail” without a trailer at all, semi truck accidents can still happen and be just as dangerous.

Four Causes of Semi Truck Accidents when No Load is Being Hauled

The issues with an unloaded semi, isn’t that the vehicle itself is more dangerous, it’s actually that the driver has gotten too used to hauling a load.  When the truck handles differently now, it causes problems.

Weather Issues When you’re not Loaded

We’ve seen fully loaded semis whipping down the road in a rainstorm.  The rest of us have to take it slow as our tires aren’t gripping the road quite as well.  But with all that weight, the semi doesn’t have a problem maintaining traction.

But drop the load, and the truck isn’t nearly as heavy anymore.  That traction is diminished, and an inexperienced driver may not know to slow down enough to keep from skidding out.

Of course, if there’s still a trailer attached, high winds can be a big issue as well.  Even stopped a truck can be blown over if the wind speeds pick up enough (check out this YouTube video of that very thing happening).

Stopping Issues When you’re not Loaded

Stopping seems to be an issue when a big heavy truck is rolling along.  But drop that weight, and stopping can be an issue too.

If you have ever stomped on the brakes, you know that your vehicle can stop pretty quickly.  Bigger vehicles, with more mass behind them, take longer to stop.  Something that a truck driver has become accustomed to, using a little heavier foot on the brake to slow that big truck down when it needs to be slowed.

Take all that weight off, and the brakes work a little better.  That heavy foot can end up causing the truck to stop faster than expected.  Vehicles following behind aren’t expecting a sudden stop, and rear end collisions occur.

Steering Issues When you’re not Loaded

Consider the weight distribution of a semi truck.  When you look at one without a trailer, there’s not much on the rear wheels, but a big heavy engine over the front.

Toss a trailer on there, and a lot of the weight is sitting on the back wheels.

An inexperienced driver gets used to the weight more evenly distributed, on the front from the engine and the back from the trailer.

Without that load, however, the rear wheels aren’t as heavy, and when the driver isn’t paying attention, that can cause a semi truck accident as the big rig skids during a turn.

Schedule Issues When you’re not Loaded

Our final scenario isn’t necessarily that the truck is handling differently, but rather that the driver is driving differently.

When a truck runs empty, it’s not making any money.  Ideally a driver would drop a load, and pick up a new one at the same location (or at least close by).  When the pickup point is far away from the drop point, though, it’s a matter of getting there as quickly as possible.

Semi truck accidents happen when drivers are trying to get to the next spot too quickly.  Speed leads to mistakes, and mistakes lead to injury or death.

Herbert Law Group Understand Semi Truck Accidents

Whether you’re the victim of a fully loaded semi truck, or one that is running empty, you deserve compensation that will remove the financial stress from your life.

There’s a lot that goes into a semi truck accident.  A lot that you may not even consider if you’re going up against an insurance company by yourself.

Get rid of that stress.  Give us a call at 214-414-3808, or fill out the contact form on our site to begin your free initial conversation.  Let’s see how Herbert Law Group can help you.

What if I’m in a Wreck with a Self Driving Truck?

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Self Driving Trucks are Hitting the Road… What if they Hit You?

Five years ago Uber launched a test version of a self driving truck.  The trip was short, but successful.

Today, there are a half dozen or so companies that are trying to tap into the driverless truck market.  In an industry where the driver shortage is expected to crest 160,000 in a few years, it’s a big push to get this technology perfected.

There aren’t many self driving trucks on the road today.  But they are out there.  And you need to know your rights if you happen to get hit and injured by one of these things.

How Safe are Self Driving Trucks?

Automated vehicles have come a long way in just a few years.  But there is still much work that needs to be done before safety can be relied on completely.

The NHTSA defines automation in stages from Level 0 to Level 5, with 0 being no automation and 5 being no driver.  Currently automated trucks are sitting around a Level 3.  That is, in most situations they can drive themselves (stretches of highway, even with turns and varying driving conditions).  However, there are companies that are working on Level 4 trucks that are able to drive in all situations with a human merely paying attention if things get wild.

But how safe are these trucks?  Can we drive comfortably next to them on the highway?

94% of auto accidents are caused by human error.  So, in a world of all automated vehicles, our highways would actually be a lot safer than they are now.  But there are a few problems with fully automated trucks.

First, vehicles are yet to be able to communicate with each other.  Someday, when every vehicle is hooked up with the capability to broadcast signals, and a truck can be alerted of a stopped vehicle miles ahead.  For now, they can “see” the stoppage, but it could be too late before that time.

Second, trucks can’t stop quickly for obstacles in the road.  That includes animals and people.  If you’re crossing the road, legally at a cross walk, the truck may not sense you in time to stop before hitting you.

While self driving trucks will solve a lot of problems, at the moment they need to get better safety marks before people can fully trust them.

Who is Liable in a Self Driving Truck Wreck?

So, what happens if you’re in a wreck with an automated truck?  Normally the driver is the first person to be looked at for liability.  Without a driver, you can’t hold a machine liable.

Instead, we have to look at a variety of other factors.

  • It might be the trucking company that is liable by putting a truck on the road that wasn’t ready.
  • It might be the truck manufacturer who didn’t install the right safety equipment.
  • It might be the computer engineer that developed the AI in that self driving truck.

Or it might be someone else or another company entirely.  Truck wrecks are complicated, and without a good semi truck accident lawyer, it’s hard to navigate the legal mess that could result after a wreck.

Herbert Law Group is Your Truck Wreck Lawyer

Here at Herbert Law Group, we have helped a lot of people after their accidents.  Any time you get in a wreck, and there is injury or death involved, you will need the help of a personal injury lawyer on your side.

We help you heal by taking away the stress of dealing with insurance companies.

Need to make your life after an accident a little more stress free?  Give us a call at 214-414-3808, or fill out the contact form on our site.

Texas Truck Accidents Caused by Blown Tires

Texas Truck Accidents

Determining Fault after a Tire Blowout Leads to a Wreck

You’re driving down the highway when you see something in the road ahead.  Roadkill?  No, probably not… oh, it’s a blown tire; likely from a semi truck.

It’s hard to drive without seeing the remnants of a blown tire littering at least the shoulder of the highway.  Which makes one wonder, what happens if you’re driving next to the big rig when those massive chunks of rubber come shredding off?  Furthermore, who is at fault?  The driver, the tire company, the owner of the truck, or someone else completely?

Let’s take a look at how bad tire management can lead to truck accidents, and why you would need a Texas truck accident attorney to navigate these convoluted waters.

What Sort of Faulty Tires Can Lead to Truck Accidents?

Unlike passenger vehicles, where fault is almost always placed on the driver, truck accidents can have a range of faulty parties.  It’s not always the driver that is responsible, but it can come down to a number of other issues with the tires, and blame can be put on:

Manufacturers – Sometimes products just aren’t made right.  Tires are no different.  Truck accidents can occur when there is:

  • Design flaws
  • Steel belt separation
  • Tread separation
  • Poor retread

After you have been in a wreck with a truck, will you know what to look for to see if the accident was caused by poor manufacturing?

Maintenance Workers – Often the driver is responsible for maintaining his or her own vehicle.  But there is more to it when it comes down to it, including:

  • Poor tire mounting
  • Poor flat repair
  • Poor tire alignment
  • Improper installation

A thorough investigation can determine what exactly happened.

Texas Truck Accidents Caused by Tire Blowouts

Blowouts generally don’t “just happen.”  There’s almost always a cause that sets things in motion (that cause can sometimes be that the tires are just too old and should have been replaced many miles ago).

Other causes of truck accidents due to blowouts include:

  • Road hazards. A generalized term for anything in the road that shouldn’t be there including potholes, nails, etc.
  • Overloaded or poorly loaded trucks. Too much weight ultimately rests on the tires.
  • Slick roads put different stressors on the tires.

Proving Fault in Texas Truck Accidents

After a wreck, there’s so much to do.  You have to get your vehicle fixed or replaced, you are dealing with insurance, you might have injuries, you may be missing work or trying to work from home with limited mobility… there’s so much going on that stress is eating away at you.

To top it all off, you’re trying to figure out who is at fault.  The truck driver?  The company the driver drivers for?  The maintenance worker or the manufacturer?  If you haven’t dealt with this before, how do you even know where to start?

Instead of adding to the stress, getting help from a Texas truck accidents lawyer, like Herbert Law Group, is the way to go.

We take all that stress off your plate, so you focus on getting back to life as normally as you possibly can.  Give us a call at 214-414-6808, or fill out the contact form on contact page and we’ll be in touch for your free initial consultation.

Truck Driver was Impaired at the Time of my Crash

Truck driver was impaired

Do You know if the Truck Driver was Impaired?

Trucks, semis, big rigs, 18-wheelers.

There are a bunch of names for these commercial vehicles, but they all mean the same thing.  They are vehicles that are usually much larger than a passenger vehicle, and their purpose is to provide a service.  Because of their size, job, and the fact that they’re on the road for many more miles than the average motorist, professional drivers have a bigger responsibility to make sure that they are staying safe.

But what if you’re in a wreck with a truck?  What if the truck driver was impaired at the time of the crash?  Do you know how to prove the driver wasn’t operating at full capacity?  Do you know how to show that they acted negligently, and you’re entitled to compensation that will help you heal completely?

Herbert Law Group is on your side, so you can focus on healing.

Impaired Driving in the Trucking World

Drugs and alcohol both affect how our brains function and our bodies react.  We all know that we shouldn’t be drinking and driving, but many people believe in a bit of a gray area when it comes to drugs.  After all, you need those prescription drugs to help combat illness and disease right?

Both illicit (those that are illegal) and prescription drugs can cause impaired driving and lead to deadly results.  When a driver doesn’t have full control over his or her body (mentally or physically) then they are considered to be impaired.

Because truck drivers have a great responsibility than passenger motorists, their legal limit for a blood alcohol concentration is .04% (half the legal limit for passenger vehicle drivers).

But how do we know if the driver was impaired?

How to Prove a Truck Driver was Impaired

In most cases, if there was a crash involving a big rig, sobriety tests are administered.  When and who gives the test, however, vary depending on what happened in the crash.

Any accident where someone died, the trucking company must test the driver as soon as possible after the accident.  The same goes for if someone got injured and the truck driver was cited, or if one of more vehicles needed to be towed from the scene and the truck driver was cited.  You can see the whole chart the FMCSA website.

Drivers can must also be tested before their employment begins, and they can randomly be tested throughout their career.

Impaired can also mean Sleep Deprived or Distracted

Most people differentiate between impaired by drugs or alcohol and impaired by distraction or fatigue.  But for many legal definitions, impairment is whenever you don’t have full control over your mind or body; something that happens when you’re staring at a phone or suffering from lack of sleep.

Electronic logging helps to monitor and ensure that drivers aren’t on the road for more than the legally allowable hours.  Tracking devices can show when the crash happened and when the text messages (or other messages) were sent.

Discovering how, when, and why the driver is impaired can get to be rather labor intensive and cumbersome.  And that’s not something you want to be doing while you’re injured and recovering from a crash.

Herbert Law Group is on Your Side to prove the Truck Driver was Impaired

Because the legal world after a wreck can be downright confusing, Herbert Law Group is here to help.

With experience in these situations in the past, and thorough understanding of the laws around professional drivers, we can help you receive the compensation that you need in order to focus on recovering from injuries sustained in the wreck.

Let’s talk about it and see how we can help.  Fill out our contact form, or give us a call at 214-414-3808 for your free consultation with a personal injury lawyer in the Dallas area.