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Truck Accidents

Austin Truck Accident Attorney

LEGAL HELP FOR TRUCK ACCIDENT VICTIMS IN AUSTIN,TX

Every day, millions of Americans travel on roads throughout the country. During these trips, it is virtually impossible to avoid sharing the road with a large truck, otherwise known as a semi-truck or 18-wheeler. While most of the time these vehicles are operated responsibly and carefully, there are far too many instances in which innocent drivers and other parties suffer devastating harm in an accident as a result of truck driver negligence, manufacturing errors, or trucking company negligence.

When a person sustains serious physical harm and emotional trauma from a trucking accident, they should not also be left with the financial burden of medical costs and recovery expenses. At the Law Offices Of Vic Feazell, P.C., we devote ourselves to providing comprehensive support to truck accident victims, and we help them fight to obtain the justice and compensation they both need and deserve after an accident.

Call (254) 938-6885 or contact us online today to schedule a free consultation with our Austin truck accident lawyer.

COMMON TYPES OF TRUCK ACCIDENTS

An 18-wheeler (also known as a semi-truck, tractor-trailer, or big rig) is a large commercial truck typically used to haul freight across long distances. It gets its name from the total number of wheels—18 in total. This vehicle often weighs up to 80,000 pounds (36,287 kg) fully loaded. Due to the massive size and weight of semi-trucks, an accident involving this vehicle is often catastrophic.

Common types of truck accidents include:

  • Jackknife Accidents: A jackknife accident happens when the truck’s trailer swings out to the side, forming a sharp angle with the cab. This is usually caused by sudden braking, slippery roads, or equipment failure.
  • Rollover Accidents: Rollover accidents occur when a truck tips over onto its side or roof. These are often caused by speeding around curves, shifting cargo, or strong crosswinds.
  • Rear-End Collisions: These occur when a truck crashes into the back of another vehicle or gets rear-ended itself. Due to their massive weight, trucks need more time and distance to stop.
  • Underride Accidents: An underride accident happens when a smaller vehicle slides underneath the rear or side of a truck. These are extremely dangerous and often fatal for the people in the smaller vehicle.
  • Blind Spot (No-Zone) Accidents: Trucks have large blind spots on all sides, especially directly behind and along the sides of the trailer. If a vehicle stays in these zones, the truck driver may not see them and could change lanes or turn into them.
  • Tire Blowouts: A sudden tire blowout can cause the truck driver to lose control or send tire debris flying onto the road. This can lead to accidents involving nearby vehicles.
  • Lost Load Accidents: If cargo isn't properly secured, it can fall off the truck and create road hazards. Other vehicles may crash while trying to avoid the fallen load.
  • Head-On Collisions: These happen when a truck collides head-on with another vehicle, often due to wrong-way driving or driver fatigue. They are rare but often result in severe injuries or fatalities.
  • Wide Turn Accidents: Trucks often need to swing wide to make right turns, which can trap cars or pedestrians in the turning path. This type of accident can happen when other road users don’t anticipate the truck’s wide maneuver.
  • Brake Failure Accidents: When a truck’s brakes fail, the driver may be unable to stop in time to avoid a collision. This can happen due to poor maintenance, overheated brakes, or equipment defects.

COMMON CAUSES OF TRUCK ACCIDENTS

Truck accidents can result from various factors, and identifying the common causes is crucial for understanding and preventing these incidents.

Here are some of the typical reasons behind truck accidents:

  • Driver Fatigue: Long hours on the road, demanding schedules, and inadequate rest can lead to driver fatigue. Fatigued truck drivers may experience impaired concentration, slower reaction times, and a higher likelihood of making errors, contributing to accidents.
  • Speeding: Excessive speeding is a significant factor in truck accidents. Trucks require longer stopping distances, and high speeds reduce the driver's ability to react to sudden changes in traffic conditions or obstacles on the road.
  • Distracted Driving: Distractions such as mobile phones, GPS devices, or in-cab entertainment systems can divert a truck driver's attention from the road. Distracted driving increases the risk of accidents due to delayed reactions and impaired situational awareness.
  • Improper Lane Changes: Truck drivers changing lanes without signaling or checking blind spots adequately can result in collisions with other vehicles. Due to their size, trucks have larger blind spots, making proper lane-change procedures crucial for safety.
  • Vehicle Maintenance Issues: Poorly maintained trucks are prone to mechanical failures, such as brake malfunctions, tire blowouts, or steering problems. Inadequate maintenance can lead to accidents caused by equipment failures on the road.
  • Inexperienced Drivers: Lack of experience or inadequate training can contribute to accidents. Drivers who are not familiar with handling large trucks may struggle with maneuvering, braking, and other critical aspects of safe driving.
  • Weather Conditions: Adverse weather conditions, such as rain, snow, ice, or fog, can pose significant challenges for truck drivers. Reduced visibility and slippery road surfaces increase the risk of accidents if drivers fail to adjust their driving behavior accordingly.
  • Overloaded or Improperly Loaded Cargo: Trucks carrying loads that exceed weight limits or are improperly loaded can experience handling issues. Cargo shifts or spills can lead to loss of control and accidents on the road.
  • Reckless Driving by Other Vehicles: Actions of other drivers, such as sudden lane changes, cutting off trucks, or aggressive driving behavior, can contribute to accidents involving trucks.
  • Failure to Obey Traffic Signals and Signs: Disregarding traffic signals, signs, and other road regulations can lead to collisions at intersections or other areas where compliance with traffic rules is crucial.
  • Drug or Alcohol Use: Driving under the influence of drugs or alcohol is a serious safety hazard. Substance abuse impairs judgment, coordination, and reaction times, increasing the likelihood of accidents.

OVERVIEW OF FEDERAL TRUCKING REGULATIONS

The FMCSA (Federal Motor Carrier Safety Administration) is the U.S. agency that regulates commercial trucking and enforces safety standards. When it comes to truck accidents, the FMCSA has several key regulations aimed at preventing accidents, ensuring proper response, and tracking incidents.

Key regulations include:

  • Accident Reporting Requirements: Trucking companies must keep a record of any accident involving a commercial vehicle that results in a death, injury requiring medical attention, or a vehicle being towed. These records must be kept for at least 3 years and include details like the date, location, driver name, and number of injuries or fatalities.
  • Driver Qualification & Safety: All commercial truck drivers must hold a valid Commercial Driver’s License (CDL), pass regular medical exams, and maintain a clean driving record. If an accident involves a fatality or certain citations, the driver must also undergo post-accident drug and alcohol testing.
  • Hours of Service (HOS) Regulations: To prevent fatigue, truck drivers are limited to 11 hours of driving after 10 consecutive hours off duty and cannot work more than 14 hours in a day. They also must take a 30-minute break after 8 hours of driving and follow weekly driving limits.
  • Vehicle Inspection, Repair, and Maintenance: Trucks must be regularly inspected and kept in safe operating condition, with any necessary repairs documented. Drivers are required to perform pre-trip and post-trip inspections, and maintenance records must be kept for at least one year.
  • Electronic Logging Devices (ELDs): Most trucks must have electronic logging devices that automatically track driving time. This ensures drivers follow Hours of Service rules and helps prevent falsified logbooks.
  • Crash Indicator BASIC (CSA Program): The FMCSA uses crash history to evaluate a trucking company’s safety performance through the CSA (Compliance, Safety, Accountability) program. A poor crash record can increase the likelihood of inspections and regulatory action.
  • Post-Accident Testing Requirements: If an accident results in a fatality or certain types of citations, the driver must be tested for drugs and alcohol—within 8 hours for alcohol and 32 hours for drugs. The employer is responsible for ensuring this testing happens on time.

UNDERSTANDING NO-ZONE TRUCK ACCIDENTS  

Every commercial truck driver must contend with the areas surrounding their vehicle, known as “no-zones” or “blind spots.” A truck driver cannot observe these areas while driving, making it essential for Austin truck drivers to exercise extreme caution when passing or suddenly slowing down. A devastating truck accident can quickly occur if a truck driver switches lanes or applies the brakes when another vehicle is in their no-zone.

If you or a loved one has been injured in a no-zone truck accident, help is available. Such an accident's physical, emotional, and financial toll can be overwhelming. Still, our Austin truck accident lawyers are here to support and guide you through seeking compensation.

Drivers of commercial trucks and 18-wheelers should always be mindful of their vehicle’s no-zones. These areas include:

  • The small area in front of the truck
  • The sizable area behind the truck
  • The small area on the driver’s side
  • The large area on the passenger’s side

At the Law Offices of Vic Feazell, P.C., we understand how serious car accidents involving a large truck or 18-wheeler can be. We are committed to helping victims cope with their situation and secure the compensation they deserve.

WHO CAN BE HELD LIABLE FOR A TRUCK ACCIDENT?

Every truck accident case is unique, and the at-fault party in your case will depend on the unique set of facts and circumstances involved the wreck. In most personal injury cases, trucking accidents are typically the result of errors committed by drivers, trucking companies, or auto part manufacturers.

Truck Drivers

Driver error is one of the leading causes of preventable truck accidents, which is why truck drivers must abide by numerous state and federal laws regarding their fitness to drive and their actions. For example, truckers must be medically cleared in order to obtain a commercial driver’s license, and they must obey laws that prevent them from posing risks to the public, including risks posed by distracted driving, driving under the influence, and violating hours of service rules, which can cause driver fatigue.

Trucking Companies

Trucking companies are responsible for the actions of their employees and for the vehicles they put onto public roadways. Like drivers, commercial carriers must also abide by many safety regulations, including keeping accurate driver logs, properly maintaining vehicles, and overseeing their employees so as to prevent negligent or unfit drivers from getting behind the wheel.

When truck drivers are pressured to complete their routes in an unreasonably short amount of time, the company may also be held financially accountable. Additionally, when trucking companies do not properly maintain their equipment, they may be held liable for any resulting malfunctions. The following additional forms of negligence may lead to serious truck accidents:

  • Hours of service violations
  • Negligent hiring
  • Failure to train
  • Failure to maintain vehicles

It is concerning that, in an effort to increase profits, some companies do not properly train drivers or provide adequate vehicle maintenance. Trucking companies are responsible for training employees as well as taking care of their property. When these standards are not upheld, people could be seriously injured.

Auto Part Manufacturers

In some trucking accident cases, a wreck may have been caused by a defective auto part, such as a defective tire, faulty airbag, or brake defects. When this is the case, victims may be able to recover compensation from the auto part manufacturer, distributor, or other party that made a defective product available to consumers.

Cargo Loaders

Cargo loaders must ensure that the weight of the load is distributed evenly and within legal limits. Overloading or uneven weight distribution can affect the truck's stability, leading to an increased risk of accidents, especially during turns or sudden maneuvers.

Properly securing the cargo is essential to prevent shifting during transit. If cargo is inadequately secured, it can spill onto the road, creating hazardous conditions for other drivers and potentially causing accidents.

Cargo loaders are responsible for adhering to industry regulations and standards regarding the loading and securing of cargo. These regulations are in place to ensure the safe transportation of goods and to minimize the risk of accidents related to improperly loaded trucks.

When it comes to truck accidents, the proper loading of cargo is a crucial factor that can significantly impact road safety. If improper loading of cargo contributes to an accident, the individuals or entities responsible for loading the truck may be held liable for the consequences.

Maintenance Contractors

Maintenance contractors are tasked with performing routine inspections and maintenance on trucks to identify and address potential issues before they escalate. Regular checks on essential components such as brakes, tires, lights, and steering are essential for the overall safety and reliability of the vehicle.

Addressing and rectifying identified issues promptly is crucial. If maintenance contractors delay or neglect necessary repairs, it can lead to mechanical failures that contribute to accidents on the road. Timely repairs are essential for preventing breakdowns and ensuring the safe operation of the vehicle.

In cases where poor maintenance or repairs are determined to be contributing factors to a truck accident, the maintenance contractors and their employing companies may be held liable for negligence. This liability could involve legal consequences and financial responsibility for the damages resulting from the accident.

A truck going fast on the road

TRUCK ACCIDENT CLAIMS REQUIRE INVESTIGATION

There are a lot of things that can go wrong with a commercial truck to lead to an accident. There are also many different types of severe injuries that people can suffer in a truck accident. All of the variables add up to a complicated situation that cannot be taken lightly. Our attorneys know as much, which is why we use our experience and network with engineering and medical experts to thoroughly investigate our clients’ truck accident claims.

To name only a few of the things we can use in our investigation:

  • Driving records
  • Bills of lading
  • Hours of service logs
  • GPS data
  • Emergency responder reports
  • Truck maintenance schedules
  • Trucking company staff catalogs
  • Planned versus actual truck routes

Our Austin truck accident lawyers at the Law Offices Of Vic Feazell, P.C., have the skills, experience, and knowledge to help individuals who’ve suffered harm as a result of such an accident.

Contact us today at (254) 938-6885 let our Austin truck accident attorneys fight for your entitled compensation.

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