Dealing with a truck accident is often more complicated than a car accident because the likelihood of sustaining serious injuries is higher. The sheer size of these vehicles means navigating the aftermath can be as complex as navigating Austin’s highways.
According to ConsumerShield, the U.S. sees an average of 140,000 to 165,000 truck accidents, making up roughly 6% of fatal crashes. Truck accidents may not be as common, but they’re often more devastating.
Understanding your legal rights and where to turn if you’re struck by a truck is vital for obtaining the justice you deserve and a fair settlement.
Why Do You Need an Austin Truck Accident Lawyer?
Hiring an experienced Austin truck accident attorney is critical for asserting your legal rights and ensuring you receive the full settlement you’re entitled to. Too many people attempt to fight their own cases and either end up with no compensation or a significantly reduced settlement package.
Here are some of the ways an Austin truck accident lawyer gives you an advantage:
- Comprehensive Investigation – Lawyers go the extra mile to dredge up evidence and build the strongest case possible. Your lawyer can call upon their vast Austin truck accident resources to do everything from obtaining official police accident reports to analyzing driver logs and maintenance records.
- Deal With Insurers – Trucking companies often have extended insurance and legal teams with the sole purpose of minimizing payouts to accident victims. Your attorney will take them on and won’t take no for an answer.
- Understanding Complex Laws – Complicated federal trucking regulations can be confusing, especially regarding how they impact your rights. Your attorney cuts through the legalese and keeps your case on track.
- Maximizing Your Compensation – Truck accidents often leave victims with devastating injuries, resulting in substantial medical bills, time off work, and life-changing consequences. With an experienced attorney by your side, you’re in the best possible position to get the best settlement package possible.
There’s no risk in hiring an attorney. Most work on a contingency fee basis, meaning if you don’t win, you don’t pay a cent in legal fees.
Common Types of Truck Accidents in Austin
Truck accidents come in many forms. Some of the most common accidents include jackknife, rollover, and unsecured load accidents. However, all types of truck accidents have the potential to leave you with life-changing injuries.
According to the National Safety Council, the number of truck accident deaths has spiked 49% in the past ten years as more vehicles hit the roads. Here are just some of the most common collisions between trucks and other road users:
- Jackknife Accidents – These accidents occur when the trailer and the cab move in different directions, creating a 90-degree angle. They are commonly caused by improper brake adjustments, hard braking, and bad weather.
- Rollover Accidents – Rollover accidents are precisely what you’d expect. These occur when the truck rolls over on the road, resulting in a complete loss of control of the vehicle for one reason or another.
- Unsecured Load Accidents – An accident may occur when freight is incorrectly loaded or unsecured. Due to these heavy loads, they’re a common cause of multi-car accidents in Texas.
- Head-On Collisions – Truck drivers can lose control of their rigs and be forced into oncoming traffic. Although rarer than other types of accidents, they often lead to fatalities with smaller vehicles. It’s why, of all truck crash fatalities, only 17% of deaths involved occupants of trucks themselves, per stats from the IIHS.
- Rear-End/Sideswipe Accidents – The size of these vehicles increases their stopping distances and means they take up more space when turning. Truck drivers moving too fast may inadvertently rear-end or sideswipe other vehicles.
Regardless of the type of accident, truck crashes often lead to disastrous results. Unfortunately, Texas topped the list in 2022 for the most deaths of any state, with 810 truck-related deaths. The National Safety Council also found the Lone Star State claimed this title with some margin, with California being the second deadliest state for trucking accidents, reporting 436 deaths.
What Damages Can You Claim in an Austin Truck Accident?
All truck accident victims have the legal right to file a personal injury lawsuit and claim damages as compensation for their losses. You’re entitled to claim economic damages, including medical bills and lost wages, alongside non-economic damages, which include pain and suffering and mental anguish.
Your attorney will investigate every avenue to determine how much your case could be worth. Here’s a rundown of what you can claim for:
- Medical expenses
- Lost wages
- Future lost earnings
- Property damage
- Pain and suffering
- Mental anguish
- Home/car modifications
- Wrongful death
If a truck driver was particularly reckless or negligent, a judge may also award punitive damages. These awards are designed to punish the driver and are in addition to all other economic and non-economic losses.
Understanding Truck Accident Claims in Austin
Truck accident claims in Austin begin by consulting an attorney and seeking legal representation. Like any Texans, Austinites have the legal right to file a claim, negotiate with the at-fault truck driver’s insurance company, and take their case to court to pursue economic and non-economic losses.
Most importantly, your rights don’t change just because a truck is involved. Typically, the only real difference in the legal process is truck accidents often involve higher settlement amounts because of the elevated risk of serious injury.
The best advice is to contact a lawyer as soon as possible after your accident to begin filing your case and avoid the clock running out on Texas’s two-year statute of limitations on personal injury lawsuits.
How Truck Accidents Differ from Car Accidents
Truck accidents differ from car accidents in terms of both the type of injuries and the severity of injuries. Unfortunately, the difference in vehicle size makes truck accidents so dangerous. Likewise, the differences in how trucks operate can often lead to unnecessary collisions with life-changing results.
The primary difference is that the average passenger car weighs between 3,000 and 4,000 lbs, whereas a fully loaded 18-wheeler may weigh up to 80,000 lbs. The difference in weight means greater force when a truck hits a passenger vehicle, especially when moving at highway speeds.
Likewise, trucks take up so much of the road that if they crash, there’s a higher chance of multi-vehicle accidents. For example, the National Highway Traffic Safety Administration (NHTSA) found in 2021 that 81% of accidents involving large trucks were multi-vehicle crashes. That’s compared to just 63% for passenger vehicles.
The type and severity of injuries also differ. For example, in conventional car accidents, the most common injuries are whiplash, concussion, broken bones, cuts, and bruises. Truck accidents may lead to more severe Traumatic Brain injuries (TBIs), spinal cord injuries, internal bleeding, and crushed bones.
Sadly, many of these injuries often require extensive rehabilitation that leaves accident victims with chronic pain and a lack of mobility. Essentially, thousands of American lives are upended forever every year.
What Should You Do After a Truck Accident in Austin?
Knowing what to do after a truck accident in Austin is vital to preserve your health and strengthen your claim. Initially, focus on getting to safety and then gather as much evidence from the scene as possible. Seek medical attention and enlist legal help to support you in proceeding with your claim.
Here’s what everyone should do after a truck accident:
- Call 911 – The first step is calling 911. Ask for an ambulance if anyone is severely injured and request a police officer to attend the scene.
- Collect Evidence – Use your smartphone to take pictures and videos of the accident scene. Include vehicular damage, road signage, and visible injuries in these images. Speak to any eyewitnesses and ask for their contact details.
- Exchange Details – Exchange your insurance details with other drivers involved in the accident. You’re required to do so by law. You should also cooperate with the attending traffic officer as they fill out their official accident report.
- Visit a Medical Facility – Drive straight to the nearest medical facility for a checkup. Even if you feel fine, you may still have hidden injuries, including internal bleeding, whiplash, and TBIs. It’s always best to be on the safe side.
- Notify Your Insurer – All auto insurance firms require drivers to report accidents. Your policy will tell you how long you must tell them about your accident, but it’s usually 24-72 hours. Failing to do so could invalidate your coverage.
- Call a Lawyer – Your next call should be to an experienced truck accident attorney. They’ll investigate your case and take over proceedings, including dealing with the at-fault driver’s insurance company. By seeking legal representation, you can concentrate on your recovery and have peace of mind that your case is in the best hands.
Remember, you’ll likely receive calls from the at-fault driver’s insurance company. You’re not legally obligated to speak to them, and there’s no real benefit in doing so. Redirect all communications to your attorney.
Austin’s Unique Truck Accident Landscape
Austin’s roadways have become more dangerous in the 21st century due to the city’s layout and its success. An aging infrastructure, variance in urban areas, economic factors, and the city's growth have left it with increasingly dangerous roadways.
Let’s dig into the primary factors impacting the truck accident landscape in Austin.
Infrastructure and Road Network
Austin has seen a rapid expansion over the last couple of decades. Some of the city’s major roads, including State Highway 130, US-183, and I-35, are arteries for freight from both within Texas and outside the Lone Star State.
The city is a mixture of urban roads, quieter rural routes, and immense highways. Add in the challenging driving conditions during the winter months and the overly complicated intersections, and you have a recipe for disaster.
Economic Success
Austin has been one of Texas’s greatest success stories. Bat City is a major tech hub that has attracted professionals from across the nation. Unfortunately, there is also increased demand for goods, meaning more commercial vehicles are pouring into the city.
It’s also well-known that Central Texas heavily relies on trucking to transport goods. We’ve seen more freight traffic than at any other point in the city’s history, leading to more traffic volume and a higher chance of collisions.
Rapid Growth
Austin’s prosperity has come at the cost of more dangerous roads. The population has surged in recent years, and the roadways haven’t kept up. Personal vehicles come into conflict with big rigs more than ever, with disastrous results.
Add in a burgeoning tourist industry and festivals throughout the year, and Austin regularly experiences traffic spikes. To put this into context, a report to the Austin City Council found that the Austin metropolitan area was named the nation’s fastest-growing area for the 12th year running in 2022.
Key Roadways and Trucking Hubs in Austin
Austin is a confluence of highways that crisscross the country from northern states bordering Canada to the relatively nearby Mexican border. Thus, it’s no surprise that the most dangerous roads in Austin for severe injuries and deaths are also the major arteries connecting the state and the nationwide economy.
Some of the key roadways trucks rely on include:
- I-35 – The primary north-south corridor toward San Antonio, Dallas, and elsewhere.
- State Highway 130 – This toll road bypasses the downtown area, enabling traffic to avoid the busy I-35. It’s also a popular route for trucks. It also passes close to the city’s airport, which is a key logistical hub for freight.
- US Highway 183 – US-183 is the primary road moving from east to west across Austin. It also connects to the airport and numerous suburban and rural zones, making it a common route for larger vehicles.
- Mopac Expressway (Loop 1) – Local deliveries often involve traversing Loop 1 for access to central Austin. Unfortunately, it’s commonly congested because of its limited capacity, leading to driver frustration and aggressive behaviors.
- US Highway 290 – US-290 is another east-west route through the city. Any freight heading through Bat City to Houston will use this road, emphasizing Houston’s port and energy sector.
All these roads have several characteristics in common, including high speed limits, large amounts of congestion, multiple types of traffic, and insufficient capacity. Unsurprisingly, so many truck accidents occur in the same places.
What are the Most Common Causes of Truck Accidents in Texas?
Truck accidents in Texas have varying contributing factors in common. Every accident is unique, which is why piecing together what led to the accident is vital to building your case. By far, aggressive and distracted driving make up the majority of factors, but also driver fatigue and a lack of maintenance are other leading causes.
In a study by the Federal Motor Carrier Safety Administration (FMCSA), driving too fast for the conditions contributed to 23% of all large truck crashes. Here are some of the other top factors, per the same study:
- Distracted driving
- Driver fatigue
- Ignoring service rules
- Improperly loaded cargo
- Lack of maintenance, with brake problems being the most common issue
- Poor road conditions
- Driving errors
- Driving under the influence
- Lack of experience
- Defective truck parts
- Lack of training
A vast number of contributing factors also fall to a lack of experienced drivers and unreasonable work demands placed on those who remain. It’s been an ongoing problem for years, with CBS News reporting a shortage of 80,000 commercial truck drivers in 2023.
Truck Accident Liability
Big rig accidents often look like a disaster scene from a movie. Establishing liability is critical to pursuing your case because of Texas’s status as an at-fault state. Under Texas law, the at-fault driver’s insurance company pays the damages. Proving that the other driver was at fault requires gathering evidence and showing they’re responsible.
Texas operates under a comparative negligence model, meaning blame is apportioned between parties. The 51% bar rule states that you can't claim any monetary compensation if you’re 51% or more responsible for an accident.
Working with a lawyer to establish liability represents the difference between claiming a settlement and being left to cover the costs out of your own pocket.
How is Liability Determined in a Truck Accident?
Proving liability means using irrefutable evidence to demonstrate the other party is at fault. For example, you may have an official police accident report, dashcam footage, or eyewitness statements. However, you must also prove that the other driver’s actions/inactions directly led to your losses.
At the heart of the issue is the concept of negligence. The evidence must show that the truck driver was negligent in what they did. Examples of what counts as negligence may include:
- Speeding
- Driving under the influence
- Working past the legally mandated service hours
- Failing to follow road signage
- Improperly maintained vehicle
Once you’ve proven the element of negligence, the evidence must then show that negligence resulted in loss. This is where your attorney will dig into your medical reports and seek expert witness testimony.
Parties Potentially Liable in Truck Accidents
Commercial truck accidents are usually more complicated because multiple parties can be held liable for your injuries. In contrast, car accident liability is usually confined to the car owner or driver.
Parties that could be held liable in truck accident lawsuits include:
- The Truck Driver – Truck drivers are often held liable because they control the vehicle.
- The Truck Company – Trucking companies may also be held liable. For example, if their drivers were inadequately trained or their trucks weren’t maintained correctly, they could bear some responsibility for your accident.
- The Truck Manufacturer – If the truck had any defective parts, such as faulty brakes or tires, the truck manufacturer could also be included in a lawsuit.
- The Freight Company – Freight companies are legally responsible for ensuring their vehicles are correctly loaded. Failing to do so could make them liable, especially if the cause of the accident involved a load falling from the back of the trailer.
Identifying all liable parties is critical for maximizing your settlement. In some cases, other vehicles may also be involved in the accident, further complicating the liability issue. Knowing who must be held to account is vital for asserting your legal rights and ensuring you’re properly compensated for your losses.
What Factors Might Affect Your Commercial Truck Accident Case?
All commercial truck accident cases rely on evidence to prove negligence and demonstrate a direct connection with your losses. State and federal regulations for commercial trucks come into play, as does identifying all liable parties.
However, the primary factors are the evidence available and building a case that comprehensively proves fault and loss.
Evidence and Investigation
Attorneys will gather evidence to build a strong case supporting your version of events. Some of the most crucial pieces of evidence include:
- Police reports to shed the officer’s observations on who was at fault.
- Eyewitness statements to tell your story.
- Electronic Logging Devices (ELDs) in trucks are used to investigate how long the truck driver has been working and whether there were any violations, such as with Hours of Service (HOS) rules.
- Maintenance records to demonstrate that the truck wasn’t properly maintained.
- Surveillance footage from traffic cameras, dashcams, and nearby businesses to show what really happened.
- Accident reconstructionists may use vehicle damage, road conditions, and skid marks to demonstrate how the crash occurred.
You can never have too much evidence in a commercial truck accident lawsuit. Generally, your attorney will do all the legwork to collect as much evidence as possible.
Insurance Considerations
In car accidents, the insurance consideration is whether the other driver has insurance, but the issue is more complicated when it involves a commercial truck.
For example, trucking companies typically carry much higher insurance limits since these accidents tend to be more severe. If you’re suing multiple parties, you may also deal with multiple insurance companies, as each party will have an individual policy.
There’s also the potential for insurers to argue that a particular accident or circumstance isn’t covered under their policy. If they can prove this, you may be forced to launch separate lawsuits against the truck driver or their employer, making claiming compensation even more complicated.
How Do I Know I Have a Truck Accident Case?
Pursuing a truck accident claim in Texas requires you to prove four key elements as part of your case. These include proving that the other driver was at fault for breaching their duty of care and that you suffered injuries and other losses from their actions.
Here are the four elements you must meet to claim compensation:
- Duty of Care – The first step is proving that the at-fault driver had a legal duty of care to you. Remember, drivers are responsible for operating their vehicles safely and in line with the law. Companies also have a duty of care to ensure they hire and train drivers up to the required standard.
- Breach of Duty of Care – The second element shows that the duty of care was breached. For example, if a truck driver was speeding, it’s clear evidence that they acted negligently. Likewise, if a truck had faulty brakes, it’s evidence that the manufacturer failed to follow through on their duty of care.
- Causation – Did the driver’s actions or inactions lead to the accident that caused your injuries? Your case must prove the link between the defendant’s actions or inactions and your damages.
- Damages – The final element is proving that you suffered actual harm from the accident. This includes economic and non-economic damages.
Without these four elements in place, you don’t have a case. The best way to find out if your case meets the required threshold is to contact a lawyer. Most law firms will offer a free consultation, where they go through your case and decide not only whether you have a case but the likelihood of success.
When Should I Hire an Austin Truck Accident Attorney?
All claims should require hiring a lawyer to defend your legal rights and help you avoid being tricked by insurance firms calling to “check on you.”
Always hire a lawyer in the following scenarios:
- You were injured in an accident.
- You experienced property damage.
- Someone else was to blame for your accident.
- You have received a quick settlement from an insurance company.
- You are being asked to give a statement or sign something.
Remember, you only have two years from the date of your accident to file a lawsuit under Texas’s personal injury statute of limitations. Insurance firm negotiations and filing claims take time. Don’t risk the clock running out on your compensation claim by delaying speaking to an attorney.
How to File an Austin Truck Accident Case
Filing an Austin truck accident lawsuit should always be done under the guidance of a lawyer. Mistakes will only delay your case and potentially reduce your chances of claiming compensation at all.
Everyone’s journey looks different, but there’s a defined process for tackling these cases.
The first step is to tell your auto insurer about the accident and work with your insurance company to investigate the accident. You’ll be asked what happened, an adjuster will assess the damage to your vehicle, and ask about your injuries.
Auto insurance firms only have their best interests at heart, so now is the time to hire an attorney. We recommend not interacting with insurance company representatives until you have a lawyer.
The next step is to submit a demand letter. Essentially, this letter outlines your losses, why the other driver was at fault, and how much compensation you’re requesting. At this point, negotiations with the insurance company will begin. If you fail to arrive at a fair settlement, you’ll proceed to a court trial.
Formal personal injury lawsuits are relatively rare, with the U.S. Bureau of Justice Statistics reporting that just 5% of personal injury claims ever make it to court. Unfortunately, trials can last for years because of their complexity, so your attorney will attempt to avoid this at all costs.
How Much Are Most Truck Accident Settlements?
Truck accident settlements can range from a few thousand dollars to a few million dollars. Texas places no upper limit on how large a potential award can be. Likewise, multiple factors go into determining settlement amounts, including:
- Injury severity
- Fault
- Your losses
- Insurance limits
Naturally, the greater your losses, the more you can expect to receive. Someone with life-changing truck accident injuries will always receive more than someone who walked away with some cuts and bruises because of the cumulative impact on each accident victim’s life.
It’s also worth mentioning that the extent of fault will influence how much you receive. For example, if you’re considered to be 20% at fault, your final settlement will be reduced by 20% to account for that.
Examples of Settlement Ranges
So, what could a settlement look like, based on your case? Every case differs, but here are some examples of settlement ranges based on statistics from a selection of Texas law firms from recent cases:
- Minor Injuries - $25,000 - $100,000
- Moderate Injuries - $100,000 - $500,000
- Severe/Catastrophic Injuries - $500,000+
- Wrongful Death - $1 million and up
The best way to discover how much your case is worth is to contact a lawyer for a free consultation. They’ll be able to use their professional experience to determine a rough settlement range based on your circumstances.
How Much Does a Lawyer Get from a Truck Accident Settlement in Texas?
Most experienced truck accident lawyers charge between 33% and 40% of your settlement if you win. The majority of truck accident law firms operate on a contingency fee basis, meaning that your legal bill is $0 if you don’t win your settlement.
Your fees go toward not only the time and effort an attorney puts in as part of your case but also the additional costs involved in securing evidence and putting your case together. Examples of expenses your lawyer faces include:
- Obtaining your medical records.
- Obtaining your police report.
- Court filing fees
- Expert witness fees
- Postage fees
- Transcription fees
Depending on the law firm, you may need to pay some of these costs, whether you win or lose. However, it largely depends on who you’re working with. What matters is that your attorney is upfront and honest about their costs during your free consultation.
Note that although your attorney takes a significant percentage from any final settlement, Nolo found that the average personal injury settlement is three to four times higher when hiring a lawyer vs. filing your own lawsuit.
How to Choose the Best Truck Accident Lawyer for Your Case
Experience and success are the two most essential characteristics in hiring any quality truck accident lawyer. You want to know that your law firm has experience in winning cases, both inside and outside the courtroom, and that they do it consistently.
For example, DJC Law enjoys a 99% win rate, with more than $400 million in settlements claimed for our clients over the last 25 years. Beyond this, other qualities to search for in your attorney include:
- Good communication experience
- Compassionate
- Empathetic
- Transparency
- Specialist experience
- Team-orientated
- Part of a strong network
Don’t just hire any old lawyer. Take the time to speak to a prospective attorney before you decide they’re suitable to represent you. Speak to them over the phone and in person. Grill them on their credentials and ask the tough questions.
Any truck accident attorney worth their salt will be more than happy to answer any questions you might have about how they’ll tackle your case while keeping you firmly within the loop.
Looking for a Truck Accident Lawyer Near You?
Securing legal representation is vital for defending your legal rights and holding negligent parties accountable for their actions. You shouldn’t have to pay the price for someone else’s recklessness, and at DJC Law, you don’t have to.
Our experienced attorneys boast decades of collective experience as part of Texas’s largest veteran-owned law firm. Named one of the country's top personal injury law firms by US News and World Report, we pride ourselves on being one of Austin’s most reputable and effective law firms.
Truck insurance companies fear us – and for a good reason.
Our local knowledge and expertise support our clients as they seek justice against some of the leading carriers and insurance firms in the country. Unlike other lawyers who have never seen the inside of a courtroom, we go the extra mile to ensure you receive the settlement you deserve.
We can’t reverse time, but we can ensure you aren’t left out of pocket after your trucking accident. Contact DJC Law today for your free, no-obligation consultation.
Austin Truck Accident Frequently Asked Questions
What should I do immediately after a truck accident?
Your priority after a truck accident is to get to safety and seek medical attention. Call 911 and ask for an ambulance and a police officer to attend the scene. Those initial moments after an accident should focus on preserving your health before you begin thinking about gathering evidence from the scene and calling a lawyer.
How long do I have to file a claim in Texas?
Texas has a strict personal injury statute of limitations of two years. The two-year clock begins from the date of your accident. If you’re filing a wrongful death lawsuit on someone else’s behalf, you have two years from the date of their death.
Can I sue a trucking company for negligence?
Yes, you can sue a trucking company for negligence just like you would with any negligent truck driver. A trucking company has a duty of care to hire qualified drivers and ensure they’re adequately trained. Likewise, they’re required to adhere to federal and state commercial trucking requirements. Breaching any of these issues could make them liable for your accident.
How are medical bills handled during the case?
You continue to be responsible for paying your medical bills if your case is currently in progress. Sometimes, your lawyer can approach your medical providers and ask them to put payment on ice while your case is worked out.
Some plaintiffs also take out pre-settlement loans, which are essentially loans taken out against their future settlements.
What happens if I share fault in the accident?
Texas operates under modified comparative negligence laws, meaning that all parties may share some blame for an accident. Your final settlement will be reduced the share of the fault assigned to you. For example, if you’re 35% to blame for your accident, any settlement will be reduced by 35%.
Texas also has a 51% bar rule, which means that if you are more than 51% responsible for your accident, you are prohibited from pursuing monetary compensation.