Truck Accident Attorneys in Austin

Due to their sheer size, semi-trucks cause significant damage when they collide with other vehicles. Many people believe that large truck accidents are rare, but statistics from the Federal Motor Carrier Safety Administration (FMCSA) reveal that trucks or buses were involved in an estimated 119,000 crashes that resulted in injuries in 2016 alone. Of those accidents, 4,440 were fatal.

If you were injured in a semi-truck accident or your family member was killed in a similar crash, the aftermath can be overwhelming. You are likely facing incredibly steep medical bills for emergency care and ongoing treatment, not to mention lost wages from time taken off work, severe physical pain, and extensive mental distress. At Howry Breen & Herman, we believe you shouldn’t have to face all of these consequences on your own. Our Austin truck accident attorneys can help you fight for a just recovery. With every case we take on, we strive to recover the full and fair compensation our clients are owed. We have decades of litigation experience and are well-equipped to help you navigate the legal process.

Reach out to our award-winning attorneys today for a free consultation; call (512) 430-4844 or fill out a contact form to get started.

Common Types of Truck Accidents

A truck accident refers to a collision or incident involving a truck, which is a large motor vehicle designed for transporting cargo. These accidents can result in damage to property, injuries, or even fatalities. Trucks include various types such as tractor-trailers, semi-trucks, delivery trucks, and dump trucks.

Common types of truck accidents include:

• Rear-End Collisions: When a truck collides with the vehicle in front of it. This can happen if the truck driver fails to maintain a safe following distance.
• Jackknife Accidents: This occurs when the trailer of a truck swings out to the side, forming a V or L shape with the cab. It often happens when the truck loses control or the brakes lock up.
• Underride Accidents: When a smaller vehicle gets trapped underneath the rear or side of a truck, often due to the truck suddenly stopping.
• Override Accidents: Opposite of underride accidents, where a truck runs over a smaller vehicle.
• Tire Blowouts: If a truck's tire blows out, it can lead to loss of control and result in an accident.
• Roll-Over Accidents: Large trucks, especially those carrying heavy loads, can tip over if the driver loses control, leading to a roll-over accident.
• Wide Turns: Trucks making wide turns can sometimes collide with vehicles in adjacent lanes.
• Cargo Spills: Accidents involving the spillage of cargo from a truck, which can pose additional hazards to other vehicles on the road.
• Brake Failure: A malfunction or failure of the truck's braking system can lead to accidents, especially on downhill slopes.
• Driver Fatigue: Accidents can occur if truck drivers are fatigued, leading to impaired judgment and slower reaction times.

Common Causes of Truck Accidents

Just as with car and motorcycle accidents, many factors can lead to a truck accident. While truly blameless accidents do occur, many truck crashes are the result of negligence.

Some of the most common causes of semi-truck accidents include:

• Insufficient truck driver training
• Negligent hiring of truck drivers
• Distracted driving, including cell phone use
• Driving while intoxicated (DUI/DWI)
• Speeding or reckless driving
• Drifting into other lanes of traffic
• Improper supervision
• Lack of truck maintenance
• Faulty or defective trucks/truck parts
• Unsafe road design
• Dangerous road conditions

Unfortunately, many semi-truck and other commercial vehicle collisions are preventable. When careless, reckless, or negligent actions lead to an accident that leaves you seriously injured, we are here to help. Our Austin truck accident lawyers can thoroughly investigate your case to determine who is liable for your damages. We are not afraid to take on large insurance companies and other at-fault parties in our pursuit of the justice you deserve.

Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) enforces regulations to enhance safety and reduce truck accidents. Here are key regulations:

• Hours of Service (HOS) Regulations: Drivers can drive for a maximum of 11 hours after taking 10 consecutive hours off duty. They must not drive beyond the 14th consecutive hour after coming on duty following a 10-hour rest period. Additionally, drivers are required to take a 30-minute break if 8 hours have passed since their last off-duty period. Drivers cannot exceed 60/70 hours on duty in 7/8 consecutive days but can reset this period by taking 34 or more consecutive hours off duty.
• Electronic Logging Devices (ELDs): Most commercial drivers must use ELDs to record their hours of service, ensuring compliance with HOS rules. These devices must be certified and registered with the FMCSA and are designed to automatically record driving time. ELDs also allow drivers to manually log in off-duty periods.
• Driver Qualifications: Drivers must hold a valid Commercial Driver’s License (CDL) appropriate for the vehicle they operate. They must pass a physical examination to ensure they are physically qualified to drive and carry a Medical Examiner’s Certificate. This ensures that drivers meet the necessary health and skill requirements to operate commercial vehicles safely.
• Vehicle Maintenance and Inspection: Commercial vehicles must undergo regular inspections, maintenance, and repairs to ensure they are in safe operating condition. Drivers are required to complete Driver Vehicle Inspection Reports (DVIRs), detailing the condition of various vehicle parts and systems. This practice helps in identifying and addressing potential issues before they lead to accidents.
• Drug and Alcohol Testing: Drivers must pass a drug test before employment, and they are subject to random drug and alcohol testing during their employment. Post-accident testing is mandatory for drivers involved in certain types of accidents. These measures aim to ensure that drivers are not under the influence of substances that could impair their ability to drive safely.
• Accident Reporting: Trucking companies must report fatal accidents, bodily injury that requires medical treatment away from the scene, or disabling damage that requires a tow. Companies are also required to maintain an accident registry documenting details of each reportable accident. This helps in tracking and analyzing accident data to improve safety measures.
• Hazardous Materials Regulations: Drivers transporting hazardous materials must receive specific training to handle and transport these materials safely. Vehicles carrying hazardous materials must display appropriate placards indicating the type of materials being transported. Drivers must also follow designated routes for hazardous materials to minimize risks to public safety.

Who Is Liable for Truck Accidents?

While truck driver negligence can and does occur, truck drivers are not always at fault for accidents. In fact, most commercial vehicle drivers are highly skilled. Often, truck companies, manufacturers, and other entities are responsible for a truck accident. This typically makes truck accident claims more complex than other types of motor vehicle accident claims.

Any of the following parties may be at fault for a semi-truck accident:

• Truck Driver: The truck driver is often the first party to be examined for liability. If the accident was caused by the driver's negligence, such as distracted driving, speeding, or driving under the influence, they may be held responsible.
• Truck Driver's Supervisor: If the truck driver was acting within the scope of their employment at the time of the accident, their supervisor or employer may share liability. Employers can be held responsible for the actions of their employees during work-related activities.
• The Company that Owns or Leases the Truck: The company that owns or leases the truck is typically responsible for the maintenance and proper functioning of the vehicle. If an accident occurs due to issues like inadequate maintenance, overloading, or improper loading, the company may be held liable.
• Truck Manufacturer: If the accident is caused by a defect in the truck itself, such as faulty brakes, steering systems, or other components, the manufacturer may be held liable. This is known as a product liability claim.
• Designer of a Defective Truck Part: In cases where a specific part of the truck is defective, the designer or manufacturer of that particular part may be held responsible. This is a subset of product liability where the focus is on a specific component rather than the entire vehicle.

Other parties may be involved, and, in any given case, multiple parties may be partially at fault for a truck accident. It is always best to meet with an experienced and highly skilled attorney who can help you understand your unique options.

Legal Challenges of Truck Accident Claims in Texas

In Texas, like in many other jurisdictions, pursuing a truck accident claim can involve various legal challenges. Some of the key challenges that individuals may face in truck accident claims in Texas include:

• Complex Liability Issues: Determining liability in truck accidents can be complex. Multiple parties, such as the truck driver, the trucking company, and even third parties like manufacturers, may share responsibility. Identifying the negligent party or parties is crucial but can be challenging.
• Regulatory Compliance: The trucking industry is subject to numerous federal and state regulations. Compliance with these regulations is essential for safe operation. Proving violations of these regulations may be necessary to establish negligence, but it requires a deep understanding of the relevant laws.
• Insurance Company Tactics: Insurance companies representing trucking companies often employ aggressive tactics to minimize payouts. They may try to shift blame, dispute the extent of damages, or offer low settlements. Dealing with insurance companies can be challenging without legal representation.
• Extent of Damages: Truck accidents can result in severe injuries and extensive property damage. Calculating the full extent of damages, including medical expenses, lost wages, pain and suffering, and other losses, requires careful consideration and documentation.
• Evidence Collection: Gathering and preserving evidence is crucial in truck accident claims. This includes obtaining witness statements, collecting accident reports, securing electronic data from the truck's black box (electronic control module), and preserving physical evidence from the accident scene.
• Statute of Limitations: Texas has a statute of limitations that sets a deadline for filing personal injury claims. Failing to file within this timeframe can result in the loss of the right to seek compensation. Understanding and adhering to these deadlines is critical.
• Jurisdictional Issues: Truck accidents often involve parties from different jurisdictions. Determining the appropriate jurisdiction for filing a lawsuit and navigating any interstate legal complexities can be challenging.
• Expert Testimony: Truck accident cases may require expert testimony to establish negligence or causation. Securing qualified experts and presenting their testimony effectively is crucial for building a strong case.
• Comparative Negligence: Texas follows a modified comparative negligence rule, which means that the plaintiff's recovery may be reduced if they are found partially responsible for the accident. Establishing and defending against claims of comparative negligence can be complex.

Given the complexities involved, individuals pursuing truck accident claims in Texas are often advised to seek the assistance of experienced personal injury attorneys who specialize in handling such cases. Our firm can navigate these challenges, build a strong case, and advocate for fair compensation on your behalf.

Nearly 25 Years of Litigation Experience

At Howry Breen & Herman, we are true trial lawyers. Our team has extensive experience in the courtroom and, while we strive for swift, fair settlements for our clients, this is not always possible. Semi-truck accidents often result in catastrophic injuries that require extensive, ongoing medical care. Despite this, many insurance companies will offer a low settlement that doesn’t come close to covering your damages. Because of this, we prepare every case for trial. Our goal is to help each of our clients achieve a favorable outcome and recover the full and fair compensation they are owed for their damages.

Our Austin lawyers have earned recognition from numerous prestigious organizations and publications, including Top 50 US Verdicts (Sean Breen 2017), Texas Verdicts Hall of Fame, (Sean Breen 2011 and 2016), Multi-Million Dollar Advocates Forum (Sean Breen 2011), National Top 100 Trial Lawyers Civil Plaintiff (Sean Breen since 2009), 7 Figure Litigators®, 8 Figure Litigators® by America’s High-Stakes Litigators®, (Sean Breen since 2019 and Randy Howry since 2020) and America's Top 100 - High Stakes Litigators by America’s Top 100 Attorneys®, (Randy Howry 2017, 2019, 2020 and 2021 and Sean Breen since 2019).

Contact us online or by phone at (512) 430-4844 to schedule a free case evaluation. We serve plaintiffs and defendants in Austin, Georgetown, and the nearby areas.