Dallas Truck Accident Attorneys

Responsibilities of Truck Drivers & Trucking Companies

Because of the size and weight of their vehicles, drivers and trucking companies have a major responsibility to act with care in operating these commercial trucks. The trucking industry is require to follow a variety of rules and regulations intended to keep both their drivers and other motorists safe.

Some of the regulations put in place by the FMCSA include:

• Zero alcohol/drug use policy
• Maintenance requirements for trucks
• Avoiding prescription medications that may cause drowsiness
• Limitations on hours/miles driven before stopping for rest breaks

Any time a truck driver is involved in a collision, the trucking company will launch an investigation into the accident to determine who was at fault, and whether or not the driver could have done anything to prevent the crash.

The Dallas truck accident lawyers at Aldous \ Walker understand these rules and regulations just as well, if not better than anyone, and understand the steps to take when investigating the cause of a truck accident.

Preventable Causes of Commercial Truck Accidents

During our trial preparations, our truck crash attorneys in Dallas will look into the events leading up to your truck accident. Some of the things we look out for include whether or not the truck driver kept their vehicle well-maintained, whether they were keeping up with their federally regulated rest schedule, truck driver fatigue, and more.

Hours of Service Violations

State and federal agencies set strict regulations for how long truck drivers can remain on duty in order to ensure that they aren’t overworked and can still operate their vehicles safely. These hours of service regulation limit how long a driver can drive their vehicles without stopping to rest, but unfortunately, don’t stop all transgressions from occurring.

Here are some of the rules and regulations:

• Drivers can only stay on duty for 60/70 hours when working over a 7/8 day period and must stay off duty for 34 straight hours to reset the 7/8 day cycle.
• After working for eight straight hours, drivers must take a 30-minute break before resuming duty.
• Drivers can only drive for 11 hours at a time following a 10-hour break.
• Drivers can only remain on duty for 14 hours following a 10-hour break.

Sometimes, it’s the trucking company that pressures their workers to work beyond their legal and physical limits, and other times it’s a reckless driver who chooses to push themselves too far in order to meet a deadline. No matter what, a driver working past their limits can place the lives of everyone else on the road in danger.

Substance Abuse

Whether it’s alcohol, drugs, or any other substance that impairs your ability to drive, driving under the influence is a very fast way to end up hurt. It’s an irresponsibly dangerous decision no matter what vehicle you operate, but that danger is only increased when that vehicle weighs up to 80,000 pounds.

Distracted Driving

The Federal Motor Carrier Safety Administration (FMCSA) released a report that indicated that a “safety-critical event” – which include crashes, near-crashes, unintentional lane deviations and more – is six times more likely to occur when they take their eyes off the road to look at their phones. According to their data, every time a truck driver looks down at their phone, they take their eyes off the road for an average of 3.8 seconds. While driving along highway speed, that much time is enough to cover about 300 feet, or the length of a football field.

FMCSA regulations prohibit commercial truck drivers from texting and the use of hand-held mobile or smartphones while operating a commercial motor vehicle, but not all truck drivers follow such regulations. Distracted driving collisions continue to happen with dangerous consequences.

Mechanical Failure

• Brake Problems: Any machine will break down if it is not properly maintained, but some failures have greater consequences than others. Brake failure can cause a fully-loaded truck to barrel into unsuspecting motorists at highway speeds, obliterating numerous vehicles in its path. Brakes aren’t the only part that can fail; even non-mechanical parts can break off and cause injuries if not properly maintained.
• Under-inflated tires: Just like the truck itself, tires need to be checked and maintained to ensure their safety. Under-inflated tires increase the rate at which they wear down, and can eventually destroy their casings and burst. Flying chunks of rubber, as well as loss of vehicle control, increase the risk of an accident.

Truck Driver Negligence

• Reckless driving: Whether the truck driver is speeding, constantly and recklessly switching lanes, or not paying attention to traffic, reckless driving can easily result in a terrible accident. Drivers may fail to check their blind spot before changing lanes, take a turn at high speeds, or ignore a change in the speed of traffic.
• Improperly loaded cargo: It’s up to the truck driver and the people in charge of loading the trailer to make sure the cargo is loaded in a safe manner. If the cargo isn’t properly secured or balanced, it could easily shift during transport, make the driver to lose control of their truck, and cause the trailer of the truck to tip over.

Uncovering the cause of a trucking accident takes experience and resources that many attorneys simply do not possess. But Aldous \ Walker is different. Our team consists of dedicated trial attorneys who have gone to battle against large corporations and won. You can count on our team to hold any and all liable parties accountable for your injury.

Trucking Collisions Cause Serious Harm

An unladen semi-truck can weigh anywhere from 10,000 and 25,000 pounds, but with a trailer at full capacity, the truck can weigh up to 100,000 pounds. Even the advanced safety features of modern vehicles are no match for these massive engines.

Therefore it is not uncommon for drivers and passengers involved in truck accidents to suffer devastating injuries, including:

• Traumatic brain injuries
• Spinal cord damage and paralysis
• Loss of limb and crush injuries
• Broken bones and serious lacerations

If you were seriously injured by a truck driver’s reckless or wrongful actions, you may be able to file a lawsuit to fight for the compensation you require to cover any medical expenses or damages like pain and suffering, loss of future earnings, loss of consortium, etc.

Our Dallas 18-wheeler accident lawyers at Aldous \ Walker LLP have spent decades representing clients in court and at the negotiation table, and have the experience and knowledge you need to put together the strongest case possible.

Common Mistakes People Make After a Truck Accident

Following a truck accident, victims are often overwhelmed by the physical, emotional, and financial stress of the situation. Unfortunately, this stress can lead to common mistakes that might jeopardize their ability to obtain fair compensation. Here are some of the most frequent errors people make after a truck accident:

1. Failing to Seek Immediate Medical Attention: Even if injuries seem minor, delaying medical treatment can worsen your condition and weaken your case. Insurance companies might argue that your injuries were not serious or were unrelated to the accident.
2. Not Documenting the Scene: Missing the opportunity to gather evidence like photos of the accident, damaged vehicles, road conditions, and injuries can make it harder to prove liability.
3. Speaking Too Freely with Insurance Companies: Insurance adjusters work to minimize payouts. Giving a recorded statement or signing documents without consulting a lawyer may harm your claim.
4. Not Calling the Police or Obtaining an Accident Report: A police report is a critical piece of evidence in determining fault and liability. Failing to report the accident can complicate your claim.
5. Underestimating the Long-Term Impact of Injuries: Some injuries, like whiplash or traumatic brain injuries, can have delayed symptoms. Settling your claim too soon without fully understanding the medical implications can leave you without funds to cover future expenses.
6. Assuming the Trucking Company Will Be Cooperative: Trucking companies often have large legal teams working to protect their interests. Underestimating their resources can put you at a significant disadvantage.
7. Not Consulting a Lawyer: Attempting to handle a truck accident claim alone can be overwhelming and risky. Without legal representation, it is easy to miss deadlines, neglect key evidence, or accept a low settlement offer.

How a Dallas Truck Accident Lawyer Can Help Avoid These Mistakes

Hiring an experienced truck accident attorney can help you avoid the pitfalls that often occur after a collision. Here's how legal representation can make a difference:

• Comprehensive Case Evaluation: A truck accident attorney will assess the details of your case to determine its full value, including all current and future medical costs, lost wages, and non-economic damages like pain and suffering.
• Handling Communication: Your lawyer will manage all communication with insurance companies, trucking firms, and their legal teams, ensuring your words aren't misused to devalue your claim.
• Gathering Evidence: Attorneys have the resources to conduct thorough investigations, collect crucial evidence such as black-box data, trucking logs, and witness statements, and build a compelling case.
• Ensuring Proper Documentation: Your lawyer will ensure the accident is reported correctly to the police and that critical paperwork is completed accurately and on time.
• Protecting You from Lowball Offers: Insurance companies often offer settlements that are far below what you might deserve. A skilled truck accident attorney will negotiate on your behalf to pursue maximum compensation.
• Expert Knowledge of Trucking Regulations: Attorneys who specialize in truck accidents understand complex trucking laws and regulations, such as rest requirements and maintenance logs, that could affect liability.
• Advocacy in Court if Necessary: If settlement negotiations fail, your attorney can take your case to trial to fight for the compensation you’re entitled to.

Having a knowledgeable legal advocate by your side can make all the difference in securing proper compensation after a devastating truck accident. If you’ve been injured, don’t leave your case to chance. Contact a Dallas truck accident lawyer at Aldous \ Walker LLP to protect your rights and guide you through the legal process.

Contact Our Truck Accident Lawyers in Dallas

For experienced and skilled representation, consider hiring our Dallas truck crash lawyers. Let's schedule a case consultation to discuss next steps and how we can best represent your best interests. After hearing the specifics of your case, we'll develop a plan of action customized to you.

Contact us today to explain your situation to one of our attorneys and begin planning out your next steps. Dial (214) 307-6307.