Every year, thousands of people suffer severe or fatal injuries in motor vehicle accidents on roads in the U.S., and those that involve tractor-trailers have an even greater risk of causing harm.
At D. Miller & Associates, PLLC™, we do not think you should carry the burden of financial instability due to injuries or losses caused by no fault of your own. We understand the challenges you face, and our lawyers can help you pursue financial awards for the damages resulting from your tractor-trailer accident. Call our legal team today at (713) 850-8600 to discuss your case evaluation.
Many Factors Contribute to Tractor-Trailer Accidents
Between April 2001 and December 2003, the Federal Motor Carrier Safety Administration (FMCSA) conducted the Large Truck Crash Causation Study (LTCCS) to determine the primary contributors leading up to truck accidents immediately before they occur and the factors that may play a role in their occurrence.
While truck accidents involve a complex series of events that often have more than one cause, the LTCCS assigns the majority of actions that made accidents inevitable to large trucks. They included:
- Running out of the travel lane
- Hitting the rear of another vehicle in the same travel lane
- Loss of control due to traveling too fast for conditions, shifted cargo, and other causes
Associated factors, which may not represent the cause of the accident but had a presence in many circumstances, included:
- Brake problems
- Drug use
- Unfamiliarity with the roadway
- Inattentiveness
- Fatigue
While driver fatigue leads to accidents involving all types of motor vehicles, the Insurance Institute for Highway Safety (IIHS) points out that it might have a more significant impact in tractor-trailer accidents. Truck drivers can drive for up to 11 hours at a time legally, and studies show that many drivers violate federal law by working longer than allowed to make it to their destination faster.
If a negligent truck driver is responsible for causing your collision, a tractor-trailer accident lawyer serving Lubbock, TX, can review the details of your accident and talk with you about possible next steps.
Tractor-Trailer Accidents Often Lead to More Severe Injuries
According to the National Safety Council (NSC), 4,862 trucks played a role in fatal accidents in 2018, an over 50% increase since 2009. Trucks have inherently dangerous features that can serve to protect the driver in the event of a collision but can cause serious harm to others involved. Most tractor-trailers weigh between 5 and 15 tons, or 20 to 30 times more than passenger vehicles.
Their length makes the involvement of multiple cars more common, and their higher ground clearance allows vehicles to slide underneath and become trapped. They also require more distance to come to a complete stop, which can make braking on short notice dangerous.
Establishing Liability in a Tractor-Trailer Accident Case
As a fault state, also known as a tort-based state, the driver responsible for causing an accident in Texas must provide coverage for the victims’ injuries. This usually occurs through the claims process by which victims or their families can obtain financial awards from the insurance company of the driver responsible for the accident.
Legal Negligence
A tractor-trailer accident lawyer serving Lubbock, TX, can help you establish the liability of the other driver in your truck collision case. To do so, they must prove that the actions of the driver meet all four criteria for negligence, including:
- Duty of care
- Breach of duty of care
- Causation
- Damages
Essentially, the driver must have had a responsibility to provide reasonable care and protect the victim from danger. It must be shown that the driver breached that duty by an act or an omission, that their breach of duty led to the victim’s injuries, and the victim’s injuries resulted in substantial damages.
Other Responsible Parties
Many tractor-trailer accidents result from driver error, but other parties sometimes hold responsibility as well. For example, if the state or local government did not maintain the road on which your accident occurred, you may have a case against the agency responsible for its upkeep. In other cases, vehicle defects can cause loss of control, and victims may have the option to hold the manufacturer accountable.
Victims and their families may find it challenging to establish liability in their tractor-trailer accident case on their own, but the lawyers at D. Miller & Associates, PLLC™, can help. Contact us at any time with information about your case, and a representative from our legal team will get in touch with you.
How a Tractor-Trailer Accident Lawyer Serving Lubbock, TX, Can Help You
The process of filing a personal injury or wrongful death lawsuit for damages incurred in a tractor-trailer accident may seem straightforward, but plaintiffs might have to go to great lengths to prove their case to the insurance companies’ corporate lawyers. An attorney working on behalf of an accident victim can manage every step of the legal process, including:
- Investigating case details
- Gathering evidence to prove who is responsible for the accident
- Communicating with insurance companies
- Taking depositions
- Pursuing justice and fair financial recovery for the victim
- Supporting the victim and addressing their concerns from the initial consultation to the closing of the case
Just as you have a right to seek financial compensation for the injuries you suffered in your tractor-trailer accident, you also have a right to represent yourself. However, you may find it helpful to have the assistance of a qualified lawyer, especially during this challenging time in your life.
Contact D. Miller & Associates, PLLC™, Today
At D. Miller & Associates, PLLC™, we know the tactics insurance companies use to take advantage of victims and the ways insurance company’s lawyers try to intimidate victims. You deserve the opportunity to hold the liable party accountable for the actions that caused your injury, and our attorneys can help you seek fair financial recovery. Contact our legal team today at (713) 850-8600 to get started on your tractor-trailer accident case evaluation.
Related Frequently Asked Questions
- Should You Ever Accept the Insurance Company’s First Offer After an Accident?
- What Should I Do if the Trucking Company Contacts Me After My Accident?
- Are Trucking Companies Required By Texas Law To Have Full Coverage Insurance?
- Who Can I Sue if I Was Injured While Riding a Houston METRO Bus?
- Which Relatives Are Allowed To Sue For Wrongful Death?
