Truck Accidents Attorney in Austin, Texas

Large trucks and oversized vehicles, including 18-wheeler trucks, tractor-trailers, and semi-trucks, are a common sight on Texas state and interstate highways. Unfortunately, these large trucks have massive blind spots around their back, front, and sides and can result in serious collisions. If you believe that a negligent truck driver caused your injuries or a loved one's death, you may be eligible to seek fair compensation by filing an injury claim.

At Rodman Law Office, I have the diligence, resources, and experience to help you hold those responsible for your injuries and damages liable. As a skilled Texas personal injury attorney, I can review and investigate all of the surrounding facts of your case thoroughly, identify the liable party, and explore your possible legal options to seek damages. Also, I will fight vigorously to advocate for your best interests and help pursue rightful compensation for your injuries, damages, pain and suffering, or loss.

My firm – Rodman Law Office – proudly represents truck accident victims and their families in Austin, Texas, and throughout the state, including Williamson County, Travis County, and Hays County.

Laws Affecting Truck Accidents

According to Texas law – Texas Transportation Code section 550.021(a) – the operator of any vehicle involved in an accident that causes injury or death of any person, or significant vehicle damage must:

• Immediately stop the vehicle at – or close to – the accident scene.

• Report the accident to the police, and

• Determine whether a person is injured, and provide aid to accident victims.

A person who fails to comply with these rules or flees the accident scene shall face third-degree felony charges.

Federal Motor Carrier Safety Regulations

Federal Motor Carrier Safety Rules and regulations help ensure the safety of truck drivers in Texas and across the United States. Truck drivers are required to adhere strictly to these rules and regulations. Here are some vital FMCSA rules regarding truck drivers and trucking in Texas:

• All truck drivers must meet the required qualifications and requirements set by the Texas DOT.

• Truck drivers must follow the federal hours of service limitations for commercial motor vehicle drivers. Drivers may only be on the road for 11 hours out of the 14 hours on duty.

• Truck drivers must obtain a special Commercial Driver's License (CDL) in order to operate large trucks weighing more than 26,000 pounds.

• Truck drivers must implement a routine vehicle maintenance program to avoid unexpected breakdowns.

• Truck drivers must perform a thorough vehicle inspection before and after every trip.

Statute of Limitations

The statute of limitations for truck accident claims in Texas is two years from the date of the accident. This means that a plaintiff must commence a civil action to recover damages for personal injury or injury resulting in death within two years from the date the accident, injury, or death occurred (Texas Civil Practice & Remedies Code section 16.003).

Assessing Liability

Depending on the surrounding circumstances or events leading to the traffic collision, a number of different parties or entities may be held liable for a truck accident. These include:

• The truck driver

• The trucking company

• Equipment and parts manufacturers

• The truck manufacturers

• The cargo loaders – the persons who loaded or shipped the cargo

• The loading company – the company that ensures that containers or equipment are secured and balanced

• Government agencies who failed to carry out adequate maintenance on the road

• Maintenance personnel or company

An experienced truck accident attorney can evaluate all of the facts of your unique situation, help identify the liable party or parties, and decide how to proceed with your injury claims.

Filing a Personal Injury Claim

Texas is an at-fault auto insurance state. Under the state's at-fault system, the party who caused the truck accident or your injuries (the at-fault party) will be held financially liable for medical expenses, property damages, and other accident-related losses suffered by the injured victims.

If You're The Victim

If you're the victim of a truck accident in Texas, you can proceed by:

• Filing a first-party injury claim with your own insurance carrier.

• Filing a third-party claim directly with the at-fault party's insurer.

• Filing a personal injury lawsuit in civil court against the at-fault party.

If You're Representing an Incapacitated Loved One

Additionally, if you're representing an incapacitated loved one, you must first establish adult guardianship. Once the Texas court confirms you as the legal guardian of the injured person, you can file a personal injury claim on behalf of the incapacitated victim.

If You're Representing a Deceased Loved One

However, if the victim died from a negligent truck accident, the surviving family members of the deceased person, including the spouse, children, or parents of the deceased person, can bring a wrongful death claim (or survival action) in Texas civil courts.

A knowledgeable attorney can review every aspect of your case, conduct a thorough investigation, help file your injury claims, and seek fair financial compensation for your injuries and damages.

How Legal Counsel Can Help

Due to their weights and sizes, accidents involving large trucks are usually devastating and may cause severe injuries to the victims or sometimes death. Such an unfortunate incident can affect you financially, physically, or mentally. Thankfully, you don't have to suffer the financial liability and challenges alone. Therefore, when involved in a truck accident, you need to act quickly and hire an experienced personal injury attorney to protect your legal rights and help pursue the maximum possible compensation.

For over 30 years, I have devoted my career to handling personal injury cases and advocating for the best interests of truck accident victims and their families. Using my comprehensive knowledge of the laws addressing liability in truck accident cases, I can personally guide you through the often complex legal process.