Commercial truck accidents involving large vehicles like 18-wheelers and semi-trucks are often catastrophic due to the sheer size and weight of these vehicles. At The Law Office of David J. Lopez, we understand the severe impacts these accidents can have on victims. As a commercial truck accident attorney in Austin, we provide skilled legal representation to navigate the intricate legalities and ensure victims receive fair compensation for their injuries and losses.
Why Hire An Attorney For A Commercial Truck Accident?
Commercial truck accidents involve collisions or crashes featuring large transport vehicles, such as semi-trucks, 18-wheelers, tanker trucks, and other heavy freight carriers. These accidents are particularly dangerous due to the massive size and weight of commercial trucks, often resulting in severe injuries, significant property damage, and, in some cases, fatalities. Factors contributing to these accidents can include driver fatigue, improper loading, mechanical failures, or negligent driving practices.
The complexity of commercial truck accidents is heightened by the involvement of multiple parties, including trucking companies, drivers, cargo loaders, and manufacturers. This complexity requires thorough investigation and understanding of commercial trucking regulations, making legal expertise crucial for victims seeking fair compensation and justice. The Law Office of David J. Lopez specializes in handling these intricate cases and offering dedicated legal support to those affected.
Steps to Take Immediately After A Truck Accident:
- Ensure your safety and the safety of others; move to a safe location if possible.
- Call emergency services for medical help and to report the accident.
- Document the accident scene with photos, including vehicle positions, damages, and any relevant road signs or conditions.
- Exchange contact and insurance information with the truck driver and other involved parties.
- Identify witnesses and obtain their contact information.
- Report the accident to the police and ensure an official report is filed.
- Seek immediate medical attention, even if injuries are not immediately apparent.
- Contact Mr. Lopez or your commercial truck accident attorney in Austin for legal advice and to discuss your options.
Serving All of Texas
Austin Truck Accident Attorney, David J. Lopez
David Lopez received his law degree from Texas A&M University School of Law in 2014 and has since cemented his reputation as a top personal injury attorney who fights for the underdog. As a native-born Texan, Mr. Lopez cares deeply about his community, and will fight to ensure you receive justice and the reparations you deserve if you’ve been involved in a commercial trucking accident. Contact our office today to speak with our legal team for a free consultation.
How Do I Know If I Have A Truck Accident Case?
If you’ve been involved in a commercial truck accident, you might wonder if you have a valid case for compensation. Truck accidents are often complex, involving large vehicles, multiple parties, and varying factors that can influence the outcome of your claim. Understanding the key elements of a truck accident case can help you determine if you have grounds to pursue compensation for your injuries and losses.
Here are the four elements to consider:
Duty of Care
In every vehicle accident, the responsible party must have had a legal obligation to operate their vehicle safely. For truck drivers, this duty of care is heightened due to the large size and weight of their vehicles. Drivers, trucking companies, and even manufacturers have a duty to ensure their operations are safe and comply with relevant laws and regulations. If the at-fault party violated this duty, you may have a valid claim.
Breach of Duty of Care
You must show that the duty of care was breached. A breach occurs when the responsible party fails to uphold their duty. In truck accidents, common breaches include speeding, driver fatigue, improper vehicle maintenance, and failure to follow safety regulations. You may have a claim if the truck driver or trucking company’s actions or negligence led to the accident.
Causation of the Accident
Proving causation is another crucial element. To have a valid case, you need to demonstrate that the defendant’s actions directly caused the accident. This means you must link the at-fault driver’s behavior or negligence to the crash and the injuries you sustained. If the accident was caused by something outside of their control, such as weather, you may not have a case.
Damages and Losses
Finally, for your case to be valid, you must show that you suffered actual harm from the accident. This includes economic damages like medical expenses and lost wages and non-economic damages like pain and suffering. If you can prove that you were injured and your quality of life was impacted due to the accident, you may have a case for compensation.
If you’re unsure whether you have a truck accident case, consulting with a skilled attorney like David J. Lopez can help. His expertise in handling truck accident claims can provide clarity on your situation and he can guide you through the legal process.
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How We Gather Evidence in Commercial Vehicle Accidents:
- Collect detailed accounts from bystanders and other drivers to corroborate negligence claims.
- Use witness testimony to establish whether the commercial vehicle driver was acting recklessly or aggressively.
- Retrieve and analyze data from the commercial vehicle’s electronic control module (ECM), often referred to as the “black box.”
- Examine speed, braking patterns, and other critical data recorded just before the accident.
- Obtain footage from cameras installed in the commercial vehicle, which may face the road, the driver, or both.
- Use video evidence to determine if the driver was distracted, fatigued, or engaging in other misconduct.
- Review records from electronic logging devices (ELDs) to verify compliance with Federal Motor Carrier Safety Administration (FMCSA) hours of service regulations.
- Identify instances where the driver may have exceeded legal driving hours, contributing to fatigue.
- Examine hiring and supervision records to identify negligent practices, such as insufficient background checks or lack of drug and alcohol testing.
- Investigate maintenance logs to ensure regular inspections and necessary repairs were conducted.
- Deploy investigators and expert consultants to the accident site to gather physical evidence and reconstruct the accident.
- Analyze skid marks, vehicle damage, and road conditions to support fault determination.
Can Family Members Claim Compensation in Case of a Fatality in a Commercial Vehicle Accident?
Yes, family members of a deceased individual resulting from a commercial vehicle accident can file a wrongful death claim. When a fatality occurs in a commercial vehicle accident, the emotional and financial toll on the family of the deceased can be overwhelming. In such cases, family members may have the right to seek compensation through a wrongful death claim. This legal action is designed to provide financial relief for the losses suffered due to the untimely death of a loved one. Here’s how the Law Offices of David J. Lopez can assist you:
1. Case Evaluation:
We will review the details of the accident to determine if there are grounds for a wrongful death claim.
2. Investigation:
Our team will gather evidence, such as police reports, witness statements, and accident reconstruction analysis, to build a strong case.
3. Identifying Liable Parties:
He will determine all potentially responsible parties, such as the driver, the trucking company, or even the manufacturer of a defective vehicle part.
4. Negotiating with Insurance Companies:
Insurance companies often try to minimize payouts. Austin attorney, David J. Lopez, will negotiate aggressively to ensure fair compensation.
5. Litigation:
If a settlement cannot be reached, we are prepared to take the case to court and advocate for the family’s rights.
6. Compassionate Support:
David J. Lopez understands the emotional toll of losing a loved one and provides compassionate, personalized legal guidance throughout the process.
Commercial Truck Accidents FAQs
What constitutes a commercial truck accident?
A commercial truck accident involves collisions featuring large vehicles, such as 18-wheelers, semi-trucks, and heavy freight carriers. These accidents are often more devastating than standard car accidents due to the size and cargo of the trucks. David Lopez is an expert in managing all motor vehicle accident cases including truck, car, commercial vehicle, bus, and rideshare.
How long do I have to file a claim after a commercial truck accident?
The statute of limitations is typically two years from the accident date in Texas. It’s essential to start the legal process promptly to ensure that evidence is preserved and deadlines are met, so contact your personal injury attorney immediately.
What challenges might I face in a commercial truck accident claim?
Claimants often face challenges such as dealing with large trucking companies and their insurers, complex legalities involving state and federal transportation laws, and establishing liability amidst multiple parties. It’s best to consult Mr. Lopez or your specialized commercial truck accident attorney in Austin sooner rather than later.
How can an attorney help in a commercial truck accident case?
An attorney with expertise in truck accidents can navigate legal and regulatory complexities, handle negotiations with insurance companies, gather evidence, and advocate for your rights to ensure you receive fair and adequate compensation.
What compensation is available in commercial truck accident cases?
Available compensation can include medical costs, loss of income, pain and suffering, and, in cases of egregious negligence, punitive damages. Each case varies based on its specific circumstances and the extent of damages.
Should I accept a settlement offer from the trucking company’s insurance?
It’s crucial to consult with an attorney before accepting any settlement offers. Insurance companies often aim to minimize payouts, and an attorney can negotiate to ensure the offer fully covers your damages and losses.
How long does a commercial truck accident claim take to settle?
The duration varies widely. Factors include the complexity of the case, the extent of injuries and damages, and the willingness of parties to negotiate a settlement. Some cases may resolve within a few months, while others could take years, especially if they go to trial.
Who can be held liable in a commercial truck accident?
Liability can extend to various parties, including the truck driver, trucking company, vehicle manufacturer, or cargo loaders. It often requires a detailed investigation to identify negligence, whether it’s due to driver error, improper vehicle maintenance, or regulatory violations.
How are commercial truck accidents different from car accidents?
Commercial truck accidents are typically more severe due to the massive size and weight of trucks. They also involve more complex legal issues, given federal and state regulations governing the trucking industry, and often include multiple liable parties.
Can I claim compensation if I am injured in a commercial truck accident?
Yes, you can claim compensation if you’re injured due to negligence in a truck accident. This can cover various damages, such as medical expenses, lost wages, and pain and suffering.
What constitutes a commercial vehicle accident?
A commercial vehicle accident involves any incident where a business-owned or commercially operated vehicle is involved. This includes delivery trucks, buses, cargo vans, taxis, and company cars, i.e., vehicles used for commercial purposes or owned by businesses.
What if the driver was at fault but is underinsured?
If the driver responsible for the accident is underinsured, your attorney can explore additional sources of compensation. This may involve pursuing claims against the employer’s liability insurance or utilizing your underinsured motorist coverage to help you receive compensation.
Schedule A Free Case Evaluation For Your Commercial Truck Accident
The Law Office of David J. Lopez is dedicated to supporting you through every stage of your commercial truck accident case. Mr. Lopez has specialized expertise in handling complex legal cases related to commercial truck accidents, including 18-wheelers and semi-trucks. Furthermore, you can maintain direct communication with Mr. Lopez at all times — we care for our clients like family and ensure they have the legal representation they deserve. Call to consult a commercial truck accident attorney in Austin today.