While truck accidents happen all across the country, Texas has the highest number of fatal truck accidents each year. In 2017 alone, there were a whopping 649 fatalities as a result of truck accidents. This number does not account for all of the individuals who were severely injured as a result of truck accidents in the state. Sadly, these injuries can lead to lifelong chronic pains, disfigurements, disabilities and a host of other problems. All of these situations play a large role in the lives of accident victims and seeking damages is often a necessity to cover extensive medical care costs or to cover basic expenses when rendered unable to return to work. At Marye Law, we understand the difficulties that truck accident victims face and we are here to provide support every step of the way.
How Soon After a Large Truck Accident Should I File a Claim?
Time is of the essence when it comes to making a large truck accident claim. This is because each state has its own statute of limitations. In Texas, claims must be filed within two years of the date of the accident. If a claim is not made within this window of time, the court system will not accept the case and you will be ineligible to collect any damages as a result. This is different from other personal injury claims where the statute of limitations is generally three years. Likewise, the statute of limitations does have special accommodations for those who were minors at the time of the accident but are now legal adults. If you have further concerns regarding the timing of a claim, speak to a Dallas truck accident lawyer to discuss the specifics of your case.
Do Large Truck Accident Claims Differ From Car Accident Claims?
While large truck accidents and car accidents can cause equally devastating injuries, the major difference between the two types of claims is regarding the driver. Those who are driving large trucks are commercial drivers who must undergo special training and obtain professional certifications to operate them. As professional drivers who are responsible for operating vehicles that can weigh more than 80,000 pounds, they are held to a different set of standards than the average car driver. Some of these regulations (beyond their training) include limitations on how long they are permitted to drive each day along with obtaining regular medical examinations and drug testing. This means that several factors are considered in large truck accident claims that are not always addressed when it comes to car accident claims.
Our Truck Accident Attorneys Have Your Back
Because cases involving large truck accidents in Dallas are different from car accident claims, it is crucial to seek the counsel of a skilled professional. Our 18-wheeler accident lawyers—all Dallas-based experts—have experience in resolving all aspects of these cases. Whether it involves a personal injury claim or a client is seeking damages after a loved one was killed in a trucking accident, we also understand how difficult the process can be. Our truck accident attorneys and office staff at Marye Law are here to provide support every step of the way. We fight diligently to ensure that you get the compensation you need and deserve as the result of a large truck accident in Dallas.
What Other Truck and Accident Victims Say About Our Truck Accident Lawyers
“Professional and compassionate team of lawyers and staff. A co-worker recommended Marye Law last year after the loss of my husband in a trucking accident. They were able to win my case and more importantly, they understood my needs and were able to assist from start to finish. Would recommend to anyone who has been involved in a trucking accident in the Dallas area” – Shannon
“Before my involvement in a trucking accident that left me unable to work, I had never hired a lawyer before. I was nervous about the process and had a lot of questions along the way. Marye Law’s team put my mind at ease by explaining everything in terms that I could understand. I appreciate all of their support and help during this particularly rough patch in my life.” – Brad
“I was fortunate enough to survive a run-in with an 18-wheeler earlier this year, but not without a severe spinal injury. My injury affects every aspect of my life and has made it hard to live a normal life. While most people don’t know how difficult it is to manage this pain every hour of the day, Marye Law’s staff got it. They ensured that I was comfortable at every meeting and truly treated me like a person instead of just another case like some of the other firms I had contacted. Highly recommended.” – Terri P.
“During all legal proceedings, Marye Law’s staff was exceptional. They were prepared, timely and confident which resulted in compensation that I desperately needed to cover medical expenses and lost wages. Thanks, Marye Law!” – Catherine
Truck Accident Statistics
- Commercial truck accidents have increased by a whopping 52 percent since the year 2009.
- Around 74 percent of fatalities on the road involve a standard car and a commercial truck.
- Drivers are most likely to be the victim of an accident involving a large truck during the afternoon hours.
- 130,000 people are injured after a large truck accident each year in the United States.
How Many Large Commercial Trucks Are on the Road?
Throughout the United States, there are an estimated 37.9 million commercial trucks on the roads at any given time. Drivers of these trucks may drive local, regional or national routes which means that they could be coming from somewhere as far away as Washington state when they arrive in Dallas. Truck accident lawyers are still able to file claims against these out-of-state drivers, however, if the accident occurred in the state of Texas.
How Frequently Do Truck Accidents Occur?
Unfortunately, large truck accidents in the United States that result in death or serious injury occur nearly every 15 minutes. This results in around 5,000 deaths each year and 500,000 accidents in total. Despite this, more large truck accidents occur in Dallas than anywhere else in the country. This means that the accident rate is even higher here, resulting in 581 deaths across the state in 2020 alone.
Why Are Accidents Involving Trucks Often So Much More Serious Than Other Types of Accidents?
Accidents involving large trucks in Dallas are typically seen as more serious than other accidents because of the sheer size of the vehicles. Some 18-wheelers can weigh close to 80,000 pounds which can cause considerably more damage than a 3,000-pound car. This often means that there are multiple parties involved in a single large truck case. Additionally, those who drive cars are not professional drivers. They generally have Class D licenses, which only require passing a standard driver’s exam. Anyone who is driving a large truck in Texas must possess a valid CDL license. This requires much more extensive training, and drivers must attend a certified training school to qualify. From there, they must continually stay up to date on training and abide by certain laws and regulations that do not apply to the average, non-professional driver. This makes the liability, or who is at fault, during an accident a much more complicated matter for the commercial driver.
Dallas County Leads the State of Texas in Deadly Truck 18-Wheeler Accidents
Texas has considerably more deadly truck 18-wheeler accidents than any other state across the country. While this is a shocking statistic for residents of the state, the fact that Dallas County has the most fatal accidents in the state proves even more alarming. Many sources cite Dallas as the most dangerous city in the U.S. for drivers as well as pedestrians and cyclists. With around 14 deaths per every 100,000 residents each year, the city itself has developed a plan known as “Zero Vision” to put an end to the fatalities. While some blame the drivers themselves, those who are familiar with the area understand that the dangers lie in the design of the roads, increased speed limits and a lack of safety measures.
The plan to improve driving conditions in Dallas will consist of several changes in the city, but will likely extend to other areas in the county over time. Those in charge of this redevelopment aim to have the changes made by 2030. Some of these modifications involve safety measures like expanding sidewalks, installing crosswalks, increasing public awareness for safer driving and lowering speed limits.
Leading Causes of Truck Accidents
Dallas truck accident lawyers see their fair share of cases each year and many of the causes of these accidents that result in fatalities and serious injuries are avoidable.
Distracted driving – Unfortunately, distracted driving is a common problem for all drivers and this extends to large commercial drivers. Truck drivers often spend an extensive amount of time away from home and on the road. Because of this, they are more prone to texting and eating while driving. Likewise, they often rely on operating GPS systems to navigate to different areas of the country. These distractions can cause accidents even for those who are operating small cars, but driving an 18-wheeler requires constant focus. The size of the truck and the fact that cargo is often being hauled means that it requires large trucks more time to stop than it would for those in a car. Even a slight change in speed can lead to a major accident if the driver is not continuously watching the road and the vehicles surrounding them.
Speeding – Commercial truck drivers often have deadlines to meet when hauling loads around the country. Paired with the fact that they drive for hours on end each day, many are tempted to speed to meet these deadlines and finish their jobs. This can pose a major risk to the driver and others on the road as excessive speeds can make it difficult to stop the truck when needed and can cause the truck to flip and tilt due to the weight of the load they are hauling.
Dangerous road conditions – Some causes of large truck accidents are unavoidable. Whether a quick downpour makes the road slippery, fog temporarily prevents the driver from seeing the road or the roads themselves are in poor conditions, this can lead to disaster.
Fatigue – Truck drivers typically spend all of their working hours on the road. After driving for an excessive amount of time, many battle fatigue. There are laws in place that are intended to deter drivers from driving when drowsy, but they are often ignored to meet the demands of their workload. When a person drives while fatigued, it can have effects that are similar to driving while under the influence of alcohol. This puts anyone in the path of a drowsy driver in extreme danger.
Truckers Driving Under the Influence
An expert Dallas 18-wheeler accident lawyer is familiar with many of the tactics that are used by professional drivers to get their work done faster. One of the biggest concerns is when these drivers ignore laws that are in place to protect the public. In many instances, drivers skip sleep to meet unrealistic deadlines put in place by their employers. Although laws state that drivers cannot drive for more than 14 hours, it is not uncommon for them to drive several hours beyond this. At this point, they are often sleep deprived and unable to properly focus on the road ahead of them. Without sleep, their responses are similar to those of an intoxicated individual. To fight these effects, truckers also turn to other means to stay alert.
Certain drugs that act as stimulants, like cocaine, amphetamines, Adderall and Ritalin, are the most commonly abused by truckers. This is because they prevent the trucker from falling asleep while driving, but they can dramatically impair the driver’s ability to drive and make decisions. In these cases, drivers face serious consequences for their actions.
Case Investigation
One of the most crucial aspects for a Dallas truck accident lawyer is known as the case investigation. This is a process where the lawyer acts to determine how and why the accident occurred. To proceed with the case, this investigation must be able to prove that the truck driver was liable for the accident by gathering evidence, interviewing witnesses and inspecting the truck involved and the actual driver of the truck. Many times, this can include multiple parties, such as the driver, as well as their employer. In this stage, a Dallas truck accident lawyer will ultimately discover whether the accident was caused by mechanical failure, drug or alcohol use, drowsy driving or something else entirely. They will also evaluate any medical records or damages incurred by the client to understand their needs and shape the specifics of the case.
Gathering Evidence After a Commercial Truck Accident
Ideally, the process of gathering evidence after a commercial truck accident takes place quickly before it is moved to another location or is otherwise meddled with. Evidence can take the form of many different objects and each piece of evidence plays a crucial role in the success of a case. Some common forms of evidence that are gathered after a truck accident in Dallas, include: the hours of service (HOS) log, GPS data, cargo and maintenance records, witness testimonies and the driver’s background and employment history. Additionally, in cases of drivers who were under the influence of drugs or alcohol, the results of drug and alcohol tests will also be key evidence.
Determining Liability After a Truck Accident
A crucial component that Dallas truck accident lawyers must consider in these cases is whether or not they can prove liability. Essentially, this means that they must be able to prove to the Judge that the truck driver was responsible for the accident due to an error in judgment, mistake or another avoidable occurrence. In some cases, the liability may fall on multiple parties. For example, a truck driver who has an accident due to a mechanical failure may be liable for the accident as well as their employer.
Truck Accident Compensation
When it comes to the amount of compensation that can be recovered from a large truck accident case, there is a wide range of possibilities. This is because each case is unique and the extent of damages incurred by one person can be drastically different from another. Some of the costs that can be recovered after proving that the truck driver was at fault for the accident include medical bills, lost wages, pain and suffering permanent disfigurement or the loss of enjoyment of life. Despite this, these figures are not distributed at random. Lost wages and medical bills, for example, must be proven with documents like wage loss statements and copies of medical bills that detail the costs. From there, the amount of damages that can be received from things like pain and suffering are typically left up to the discretion of the Judge. The specifics of a commercial truck driver’s insurance coverage will also come into play in these scenarios.
If you have been involved in a truck accident in Dallas, don’t delay. Contact Marye Law today and get the compensation you deserve.