Understanding Wide Turn Truck Accidents

Wide Turn Truck Accidents in Texas need a Dallas personal injury lawyer

Squeeze-Play Accidents are Common and Deadly

You’ve probably pulled up behind a semi-truck and read the little sign on the back of the truck that says, “Caution, Wide Right Turns” and often shows a little graphic of a vehicle colliding with the truck.  Those wide turns, when they turn into wrecks, are sometimes referred to as squeeze-play accidents because the motorist (or sometimes cyclist or pedestrian) are squeezed between the truck and the curb, signage, pole, or whatever happens to be there.

The problem has been around a long time, and the issues are only getting worse as traffic continues to increase throughout the DFW Metroplex.  The Car Crash Captain investigates.

Why is Dallas a Hot Spot for Wide Turn Truck Accidents?

Many Dallas area streets are laid out in a grid section, which of itself isn’t the entire issue.  The issue is that many of these grid pattern streets near distribution centers and warehouses (areas with a lot of truck traffic) are older intersections.  They were built back in the day when trucks and automobiles were a bit smaller.  The result with today’s big rigs, is that these intersections get tight, and the semi-trucks have to make wide right turns to accommodate.

It’s also quite the known issue.  There was a major news report on the intersection of S. Hampton and Danieldale back in 2018 showing how these trucks are cutting it “way too close.”  This is just one of many areas of concern that can lead to wide turn truck accidents.

What Should be Done to Reduce These Wrecks?

Unfortunately, there are only two ways to reduce these types of wrecks.

  1. Manufacturers could make their trucks smaller.  This would reduce the need for the wide right turns, but it would also mean goods couldn’t be transported as efficiently.
  2. Cities can make the streets wider (or accommodate wide right turns with different curb designs).  This would be a major overhaul and expensive project, and largely unfeasible in many areas where there just isn’t the room to expand.

The only other option is to hope all parties pay attention, don’t act negligently, and drive safely.  But we’ve seen over the years that relying on good judgment really doesn’t work all that well.

Who is Liable in Wide Turn Truck Accidents?

Suppose you’re injured in a wide turn truck accident; who is liable?  Are you liable, because you should have seen the small warning sign?  Or is the truck driver liable because he or she didn’t maintain their lane when turning?  Or perhaps a third party is the culprit?

Truck drivers owe a duty to ensure safe turning.  If they cross the lines, jump the curbs, or otherwise squeeze you into a wall or pole, they might be liable.

Municipalities could be liable due to poor design and planning.  The design of the roads could force wide turns, and you might be able to argue that it’s an unreasonably dangerous intersection design.

Regardless of who ends up being liable, you need to be able to prove liability, so you can receive compensation that will help you heal from your injuries, and get back on track with your life.  That’s why you need a truck wreck lawyer in Texas.

Why You Need Herbert Law Group

We know what goes into investigating these truck wrecks.  And if you’re injured you likely don’t have the time or energy to do this yourself.  Most people, even uninjured, don’t know what to look for or where to look to gather evidence.

Herbert Law Group does.  We’ll find the surveillance footage that captures the area and the encroachment.  We’ll see which traffic studies have been done, and whether a project is long overdue to fix a dangerous intersection.  We’ll reconstruct the wreck to show where the truck overhung marked turn lanes and infringed on pedestrian areas.

In short, we’ll work hard so you receive justice.

First, though, we need to know what happened.  We need to get to know you and make a plan.  Call our offices at 214-414-3808, or fill out the contact form, and we’ll get the ball rolling.

How Much is Pain and Suffering Worth in a Car Wreck Case?

Pain and suffering after a Texas car wreck

Calculating Pain and Suffering After a Wreck

Pain and suffering aren’t tangible the way other damages are.  Sometimes they can even seem to be completely made up, as though someone just grabbed a number from thin air and said, “Oh, yeah, my case is worth this many millions of dollars.”  There is, however, a bit of a science to determining pain and suffering.  The Car Crash Captain takes a look at how your case is worth more than just what is easy to see, and how the insurance companies try to lowball you by ignoring pain and suffering.

What is Pain and Suffering?

In a wreck there are economic and non-economic damages.  Economic damages are those that are directly related to a financial loss – costs to repair or replace your vehicle, lost wages, hospital bills, and the like.  They’re all easy to calculate and pretty straight forward.

Non-economic damages don’t directly relate to a financial loss.  They’re tied to physical pain and emotional distress that is a result of the injury you sustain.  For example, chronic and lingering pain that reduces your quality of life; PTSD, anxiety, or depression; loss of enjoyment as you’re no longer able to engage in hobbies, intimacy, or daily activities.

Compensation for pain and suffering is tying a dollar amount to the non-economic damages.  But that’s where things can become a little hairy.  How much is chronic pain worth?  What compensation should you receive if you can no longer participate in your favorite hobbies?  What should you expect if you and your spouse split up because of the recovery period?

How to Calculate Pain and Suffering

There are two primary ways to determine the amount you can seek.  There’s the multiplier method, and the per diem method.

Multiplier – To determine the pain and suffering amount, you take the total medical bills and multiply by a number between 1.5 and 5 (5 if the injuries were severe, 1.5 if they were less severe).  For example, if you’re hit with $10,000 in medical bills, and your multiplier is 3, then you might seek $30,000 in pain and suffering.

Per Diem – This method uses a daily dollar amount that is multiplied by the number of days you’re in pain and unable to enjoy life as you used to.  For example, if you spend six months recovering, and the per diem is $150/ day, then you multiple 180 by $150 to get $27,000.

Both of these have their perks and drawbacks.  What if medical bills are ongoing and not one-time instances?  What if your pain will last the rest of your life?  Where is the cutoff on dollar amounts?

Instances like these are why you want to work with an experienced lawyer.  With millions of car wrecks per year that lead to hospital visits, and tens of thousands of victims who pass away, it’s very likely your situation has happened to someone else.  Looking at those cases, we can determine what a reasonable amount to pursue might be.

What Affects the Value of Pain and Suffering Claims?

A number of factors influence what can be pursued.  First, there are the easy-to-see factors:

  • Severity of injuries
  • Length of recovery
  • Disruptions to daily life
  • Psychological evaluations

But there’s more that goes into it.  Insurance companies are going to try very hard to minimize these claims, even going as far as saying the psychological damage was there before the wreck.  There’s also the fact that victims often aren’t good at documenting their recovery – if life really sucks now and you’re in a lot of pain, don’t minimize it saying, “It hurts, but not that bad.”

Your goal isn’t to lie and inflate the experience, but be honest and pursue what you’re owed.  That’s where Herbert Law Group comes in.

Herbert Law Group Fights for You

When you’re injured, or if your family member was killed, one of the last things you want to do is relive those moments over and over as you seek compensation.  You focus on you, we’ll take care of the hard stuff.

Herbert Law Group will help you by tracking down medical and psychological evaluations and documentations.  We’ll talk to the expert witnesses like therapists and doctors.  We’ll put together the compelling narrative of how your life has changed, and we’ll aggressively negotiate to ensure you get the maximum compensation allowed.

If you’ve been injured in a Texas car wreck, let’s talk about what happened.  Call our office sat 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you soon.

The High Rate of Fatal Motorcycle Accidents in Texas

Texas fatal motorcycle accidents

Why is Texas Deadlier than Other States?

Hopping on your motorcycle and feeling the wind in your air… that’s why people ride.  It’s invigorating, freeing, and many bikes get much better gas mileage than their four wheel counterparts.

But that excitement doesn’t come without its risks.  We don’t have to tell you that riding a motorcycle is more dangerous than driving a car.  Besides the obvious (the lack of protection from the car body) what leads to the higher number of fatal motorcycle accidents in Texas?

Contributing Factors to Fatal Motorcycle Accidents

According to the 2017 data from the NHTSA Texas had a total of 490 fatal motorcycle accidents that year.  That’s around 9.4% of the total deaths for the entire US (which, if you compare population for Texas vs. the USA, Texas has about 8.8% of the population).

So, what contributed to those fatal accidents?  There are a few categories we should look at.

Speed – They say that speed kills.  When you’re in the open air, it happens more often.  Among fatal car crashes, 18% were caused by excessive speed (nationwide).  But when you look at fatal motorcycle accidents, speed was a factor in 32% of those wrecks.

Alcohol – Alcohol use while driving has gone down in recent years, but it’s still a significant factor.  35% of fatal motorcycle accidents were discovered to have at least some alcohol in their system (with 28% of that 35% being over the legal limit).

Helmet Usage – If you’re over the age of 21, you aren’t required to wear a helmet when riding in Texas (with proper certification).  But, it seems that most people do.  Roughly half of the fatal motorcycle accidents occurred when the rider was wearing a helmet.  Compare that to states where no helmet laws are in place, and the un-helmeted fatalities are closer to 70% of the total.

Population – Higher population states naturally have a higher number of fatal motorcycle accidents.  But that’s not always a factor.  If you look at Florida (population 21.5 million), they had the majority of the fatal motorcycle accidents despite a lower population than many other states.

Texas has a large population.  So, the number of fatal wrecks is going to be higher.  But if everyone that rides practiced safer riding (and wear a helmet), and all other vehicles do their diligence to watch out for those on bikes, that number can continue to go down.

Herbert & Eberstein Help with your Texas Motorcycle Accidents

Until we live in a perfect world, there will always be accidents.  Some of them will result in injury, and some will be fatal.  Compound the matter with insurance companies that want to pay you a tiny settlement that doesn’t compensate you, and these things are tough to recover from.

That’s where Zach Herbert and Brian Eberstein come into play.  With plenty of experience and deep knowledge of Texas motorcycle law, you can focus on healing or grieving, and we will handle the insurance companies.

Fill out the contact form, or give us a call at 214-414-3808, and let’s have a conversation about what happened to see if we’re able to help with your case.