The commercial trucking industry is a major lifeline of commerce in Texas. Still, these heavy trucks are deadly when it comes to road accidents, and accident victims have the right to seek financial recovery. If you or a loved one is recovering from an accident with a large truck in Texas, you likely have losses, including high medical bills and missed income. You should not have to bear these losses and financial hardships, especially if the crash was someone else’s fault. Domingo Garcia’s Texas truck accident lawyers can help you hold the negligent parties responsible for your pain and suffering. You can review your possible options for recovery during a free consultation today.
Truck Accident Lawsuits Are Time-Sensitive Matters
Time passes quickly after a truck accident. Your days are filled with doctors’ appointments, physical therapy sessions, and “mental health days.” Your case’s filing deadline is probably the last thing on your mind.
Texas Civil Practice and Remedies Code § 16.003 outlines how long you have to file your accident lawsuit. You generally have two years. However, you can’t just file a lawsuit the day before the expiration date. Your case needs evidence to succeed, as well as an understanding of your accident’s cause.
Our team will protect your right to damages by filing all paperwork before the deadline expires. We can also manage other time-sensitive matters, such as evidence collection and consulting with eyewitnesses.
Our Texas Truck Accident Lawyers Will Work to Recover Damages
We have seen firsthand the devastating results that victims and their families suffer after getting into accidents with commercial vehicles. These collisions are especially damaging to passenger car riders. That’s because people in smaller vehicles are at greater risk of injury if a large truck hits them.
You’ve already been through the trauma of a truck accident in Texas. Now, we want to lend a helping hand and resolve your case.
Truck Accident Locations We Service
We have specialized truck accident attorneys throughout Texas ready to help you.
We Will Put Our 35-Plus Years of Legal Experience into Your Case
If you are recovering from an accident anywhere in Texas that involved a tractor-trailer, semi-trailer, tanker, flatbed truck, or another kind of commercial vehicle, our injury attorneys can take legal action on your behalf. We won’t hesitate to file a lawsuit if your case necessitates it.
We will fight for you as you rebuild your life after the accident. For more than 35 years, we have recovered millions for our clients who suffered injuries in various accidents, including truck collisions.
We Will Work on Your Texas Truck Accident Case for No Charge Without Settlement
We work diligently for our clients, and our team wants to help you. Our attorneys work on contingency, which means if we take your case, we manage it at no upfront cost.
If we recover monetary awards after a Texas truck accident, our payment comes from a percentage of your settlement or court-ordered award. If we don’t win your case, you owe us nothing. We want to make seeking legal aid as stress-free as possible—and that means eliminating your financial concerns.
Hundreds of Truck Crashes Happen on Texas’ Roads, Causing Serious Injuries
Getting into an accident with a large commercial truck is a reality many motorists encounter while driving in Texas. The Texas Department of Transportation (TxDOT) reports that in 2020, 413 fatal crashes in the state involved tractor-trailers/semi-trailers.
These vehicles were also involved in 700 suspected serious injury crashes in the state that year. Victims in either type of crash suffer physical, emotional, and psychological losses that cost a great deal of time and money.
We Advocate for Texans Who Have Suffered These Injuries
As mentioned earlier, large and heavy trucks can inflict serious injuries. Truck accident victims can suffer:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Internal bleeding and internal organ damage
- Smoke inhalation injuries
- Soft-tissue injuries
- Broken or crushed bones
- Neck and back injuries
- Knee and leg injuries
- Facial and dental injuries
- Amputation of limbs
- Other temporary and permanent impairments
The more severe your injuries, the longer your recovery period. Both factors can determine how much money you can pursue.
We Can Account for Psychological Injuries in Your Case’s Value
Not all injuries in these accidents are visible, and some can last a lifetime–– even if victims physically recover from a truck accident. You can seek financial compensation for:
- Accident-related trauma
- New or worsened mental health disorders, including anxiety, depression, and post-traumatic stress disorder (PTSD)
- Reduced quality of life
- Loss of independence
- Loss of consortium (if your injuries affect your relationship with your spouse)
This is not an exhaustive list of damages you could recover with our team’s help.
Higher Insurance Liability Limits Could Yield a Larger Award
Our Texas truck accident attorneys will review your accident-related injuries to determine the financial toll of the collision. You could seek more compensation by pursuing a truck company rather than an individual driver.
Texas law requires trucks carrying household goods to have $300,000 in liability coverage; if they carry general freight, the minimum is $500,000. The Federal Motor Carrier Safety Administration (FMCSA) requires trucks carrying general freight to have a minimum of $750,000 in coverage.
The truck’s weight and the type of cargo it transports also determine liability limits, as well. Coverage for commercial trucks can go up to $5 million under federal law.
Damages Our Texas Truck Accident Lawyers Can Help You Seek
Truck accident victims can recover economic (financial) damages and non-economic (non-financial) damages from their accidents. Each case is different, so we take that into account and consider every loss you experienced.
Economic damages cost you financially and can include:
- Medical expenses: In many cases, medical care costs make up the largest expenses. This includes reimbursement for emergency room care, hospital stays, surgeries, diagnostic tests, prescription medications, medical devices, and more. Your costs also include long-term rehabilitation treatment for injuries that leave you temporarily or permanently disabled.
- Lost income and benefits: If severe injuries kept you from working after a truck accident in Texas, you could recover the income and other benefits you lost during your recovery, including paid sick leave. You can also seek damages for reduced earning capacity if you cannot return to the same position you had before the collision.
- Property damage: This accounts for the damage to your vehicle and any destroyed personal items.
In addition to economic damages, you could seek repayment for non-economic damages, which do not have fixed dollar values. It can be difficult to assess how much each loss in this category is worth because they don’t come with documentation.
Recoverable damages comprise:
- Physical pain and suffering
- Mental and emotional anguish
- Temporary or permanent disability
- Scarring and disfigurement
- Loss of companionship and society
- Loss of life enjoyment
Our attorneys handling truck accident claims in Texas will review your recoverable damages. Knowing how much you’re owed is important to your recovery. It can prevent you from accepting an insurance settlement that is too low and doesn’t fully cover your accident-related losses.
Our Team Handles Texas Wrongful Death Lawsuits
Some truck accident victims succumb to fatal injuries. If you lost a loved one in this way, we are here for you during this difficult time. If your relative passed away in a negligence-related accident, you could seek recovery, which could lessen your financial burdens. We can take care of your insurance claim or lawsuit while you grieve.
Texas law governs who can pursue wrongful death actions, and we can review it with you during your free consultation. If your case settles, damages awarded in a wrongful death case can:
- Account for your loved one’s final medical bills
- Pay for your loved one’s funeral expenses, including embalming and cremation
- Restore the income they would have contributed to your household
- Wages you lost while managing your loved one’s affairs
- Compensate you for your loved one’s pain and suffering
- Compensate loved ones for a loss of companionship and mental distress
Our Texas truck accident lawyers have settled cases involving wrongful death before. In one case our truck accident attorneys recovered $8,500,000 for the family of a wrongful death victim because we refused lower insurance company offers and took the case to trial. The insurance company substantially increased their settlement offer as we were selecting the jury. We can help you pursue fair compensation, too.
Domingo Garcia’s Texas Truck Accident Lawyers Are Committed to Your Case
When you partner with us, you can expect:
- Compassion and understanding: We treat you with respect and advocate for you always. We will inform you of your rights, explain which laws apply to your case (and how), and address your concerns promptly. We also will update you on your insurance claim or lawsuit’s status. You won’t have to guess what’s going on with your case.
- Experience in handling Texas truck accident cases: We know state and federal regulations inside and out. We also have more than three decades of knowledge to work for you. You can trust that whatever challenges arise in your accident case, we’ll combat them.
- A commitment to your case’s outcome: We do not back down from insurance companies – even ones that are notorious for denying claims. We always seek the maximum recovery we can for our clients, and to do that, we rely on our negotiation skills. You won’t have to deal with the insurance company in your case. We take care of all communications.
- Fearless advocacy at trial. While most injury cases settle outside of court, we are ready to fight for your recovery at trial if it comes to that. We will prepare your case, file it on time, and present it to a jury.
What Should I Do After a Texas Truck Accident?
If this is your first major accident, you may have concerns about your next steps. While the following recommendations aren’t necessary, they could ultimately bolster your injury claim or lawsuit.
Get Help from a Medical Provider
Following your collision, you may notice some minor aches and pains. However, without consulting a professional, there’s no way to know if these injuries truly are “minor.” For instance, spinal cord trauma can worsen over time. Traumatic brain injuries could affect your cognitive processing without you even noticing.
Seeking medical care is an important step in your injury case. The information you get from your care provider can serve as vital evidence. Your imaging scan results can tell a thousand words about your condition and anticipated medical treatment.
Document Your Losses
Your truck accident-related losses go beyond your medical care. They should include your lost income, reduced earning power, and pain and suffering. We will calculate what you’re owed – but by keeping track of your losses, you can help us.
You should keep all injury-related invoices, receipts, and billing statements.
Leave All Communications to Your Lawyer
Managing communications with the trucking company, its lawyers, and insurance companies can quickly get overwhelming. Our team will manage all text messages, emails, and phone calls from the liable party. You don’t have to give a recorded statement or give in to the insurance company’s increasing demands.
By leaving all communications to your lawyer, you can focus on your well-being. You also prevent any missteps that could hurt your case’s outcome.
Trucking Companies Must Follow Federal and State Safety Laws
All trucks, regardless of whether they operate in Texas or across multiple states, must follow regulations mandated by the FMCSA. This government agency is responsible for various areas of the commercial vehicle industry, including setting and enforcing safety standards.
It aims to reduce crashes, injuries, and deaths involving large trucks and buses, and it monitors if trucking carriers follow the rules. These rules cover truck weight, the transportation of hazardous materials, commercial vehicle licensing, and more.
Commercial vehicle drivers in Texas must also follow state-specific guidelines. The Texas Department of Public Safety (TxDPS) oversees commercial vehicle enforcement. These laws and regulations govern various areas, including seat belt use, load sizes, truck weight limitations, equipment, and commercial drivers licenses (CDLs) and registration.
Common Federal Truck Violations That Can Lead to Accidents
Despite federal trucking regulations, not all companies follow the rules. Some common citations involve:
- Moving violations while operating the truck: Truck drivers are supposed to abide by all traffic laws wherever they are driving. Speeding, tailgating, improper lane changes or turns, and other violations are just a few ways to violate FMSCA Code § 392.2.
- Hours of Service violations. Commercial truck drivers and their companies are supposed to follow FMCSA mandates on how long drivers can be on the road before taking required breaks. These rules establish hourly and daily driving limits, mandatory rest periods, and other provisions. However, some drivers and/or their companies violate these rules and endanger other road users.
- Failing to keep an accurate driver logbook. Truck operators and trucking companies must keep an accurate record of their drive times and other activities. But some don’t, and that is against the law. Common errors include not keeping the logbook current, not logging all required information, and failing to note required break times.
An attorney with Domingo Garcia will look for these violations when evaluating your accident’s cause. This will help us determine liability for your injury-related expenses.
Your Texas Truck Accident May Have Multiple Liable Parties
Large truck accidents look like straightforward matters on the surface. Someone hit you, and they should pay for your damages, right? Not exactly. Truck accidents can involve multiple liable parties.
For instance, suppose you were hit by a fatigued trucker. Our investigation finds that the trucking company imposed unreasonable delivery schedules. It also finds that the truck’s brakes malfunctioned because of poor maintenance.
In this situation, you could hold the trucking company responsible (because it violated the FMCSA’s Hours of Service regulations) and the truck’s maintenance company. We could pursue the trucker, too. Yet, trucking companies generally have higher insurance coverage than individuals. So, this could provide comprehensive coverage for your injury-related losses.
We Will Identify the Liable Parties and Collect Evidence to Prove Your Case
Right now, you don’t have the energy to manage a truck accident case. But we do. Part of our investigation involves gathering evidence to support your claim or lawsuit. The trucking company may have evidence in its possession that could support your case.
We’ll send a spoliation letter that prevents the company from destroying or “losing” some pieces of information, such as:
- The driver’s logbook, driving history, training records, and licensing credentials
- Sobriety test results (if the driver took a test for possible substance use)
- The truck’s service and maintenance records
- Dashcam video
- Electronic data from the truck’s black box recorder
We can also assist with gathering other kinds of evidence, such as:
- The official police report
- Your medical records
- Photographs and/or videos of the accident scene
- Photographs or videos of your injuries
- Witness testimony
- Expert witness statements that give insight into the accident, your injuries, and your recovery time
- Video surveillance footage
- Cell phone records (if the truck driver was on the phone when the accident occurred)
We Advocate for Texans Who Have Suffered These Types of Truck Accidents
The TxDOT reports that nearly 26,000 commercial truck accidents occurred on our state’s roads in 2021. Over the years, we have noticed that these kinds of trucks are prevalent in accidents. Common types of accidents that can cause serious harm include:
- Head-on collisions. This accident happens when a large truck hits another motor vehicle directly in front. Since both vehicles are likely traveling at high speeds, this can result in severe and fatal wounds.
- Rear-end collisions. This crash occurs when the truck’s operator runs into the back of another vehicle. This is dangerous because a car, which is much closer to the ground and smaller than a larger vehicle, can end up under the truck if the driver does not stop in time.
- Jackknife accidents. These accidents occur when the cab and its trailer end up facing opposite directions after the attached trailer detaches from the cab at a 90-degree angle. A driver can brake suddenly, causing the trailer to turn or roll over, possibly hitting other vehicles or causing a deadly vehicle pileup.
- Rollover accidents. A commercial truck can roll over for various reasons, including when the driver turns too fast and loses control of the vehicle.
- Side-impact (T-bone) accidents. These collisions occur when a truck’s front end hits the side of the vehicle. They are dangerous when they occur between smaller cars, so imagine the impact a heavy truck would have on a smaller vehicle in a broadside accident.
- Single-vehicle accidents. Even if a truck ends up veering off the road and hitting an object, such as a tree or structure, it could still injure other motorists if the truck’s parts or cargo blocks the roads. If a road user doesn’t see it in time, it could cause harm.
- Spilled cargo accidents. Trucks carry all kinds of goods, including milk, gas, concrete, oil, and more. If the truck is overloaded, the driver could lose control of the truck, causing the truck’s contents to spill out onto the road and putting other road users in danger.
- Tire blowout. A truck driver going at high speed can lose control and end up rolling over if a tire blows out for any reason. If the tires need repair or the truck is too heavy, a blowout can happen.
Call Us Today for a Free Case Review About Your Texas Truck Accident
Once a truck accident occurs, injured victims’ lives turn upside down, sending them spiraling into a world of uncertainty. The wide-ranging effects of these accidents can overwhelm them with pain and suffering, steep and high medical bills, long recovery times, lost income, and property damage. For some, the losses are permanent, and someone needs to be held accountable for that.
Our Texas truck accident lawyers at Domingo Garcia work hard to avoid this outcome for people who deserve better. We don’t stand by and let our clients stay on the hook for these losses. We are ready to review your case and determine a course of action. Call us today for a free consultation.