Austin Truck Accidents Attorney

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 examined for liability. If the driver’s negligence, such as distracted driving, speeding, or driving under the influence, contributed to the accident, the driver may be held responsible.
• Truck Driver’s Supervisor: If the driver was acting within the scope of employment at the time, their supervisor or employer may share responsibility. Employers are accountable for the actions of employees during work-related activities.
• The Company That Owns or Leases the Truck: The company that owns or leases the vehicle typically has responsibility for maintenance and the truck’s proper functioning. If inadequate maintenance, overloading, or improper loading contributed to the crash, the company may bear liability.
• Truck Manufacturer: If a defect in the truck—such as faulty brakes, steering systems, or other components—caused the accident, the manufacturer may be liable. This situation results in a product liability claim.
• Designer of a Defective Truck Part: If a specific truck part was defective, the designer or manufacturer of that component may be responsible. This subset of product liability focuses on the faulty component, not the entire vehicle.

Other parties may also be involved, and multiple parties can share fault for a truck accident. It is wise 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 nearby areas.

Frequently Asked Questions

How Long Do I Have to File a Truck Accident Claim in Austin?

In Texas, you generally have two years from the date of the truck accident to file a personal injury claim. Acting promptly helps preserve evidence and ensures all relevant documents are gathered before the deadline.

What Should I Bring to a Consultation About My Truck Accident?

Bring your accident report, medical records, photos of the crash scene, any correspondence with insurers, and a list of questions about your injury or damages. Having detailed and organized information will help the attorney provide more targeted advice during your meeting.