The most recent Federal Motor Carrier Safety Administration data on large truck and bus crashes indicates that there were 621 trucks involved in fatal crashes in Texas in 2017. Of these truck accidents, 556 fatalities resulted.
These numbers demonstrate that a large truck accident doesn't happen once in a while. Every day, there are multiple 18-wheeler accidents in Texas.
If you were seriously injured in a large truck accident, get in touch with our experienced Dallas truck accident lawyer Mario Davila. We’ll work to get you the compensation you deserve. Our Dallas accident lawyers have the knowledge, experience and skills necessary to take legal action and/or negotiate with a trucking company, insurance providers and other parties involved in the accident.
We don’t require any upfront payment fees since we work on a contingency basis. This means that our law firm will only charge a percentage of the compensation recovered at trial or in a settlement. If a truck accident victim doesn’t receive any money, we don’t charge any fees. However, clients working under a contingency basis may be responsible for some expenses, such as court filing fees and expert witness fees.
A truck accident victim only has two years from the date of the accident to file a lawsuit. Contact our attorneys at Mario Davila and speak with our experienced 18-wheeler truck accident lawyers today to make sure your claim is filed on time.
Dallas and Hidalgo county have several hazardous locations where truck accidents are known to occur. In Dallas, I-2 and N. Bicentennial Blvd near La Plaza shopping center and the airport, as well as south of 10th Street and Business 83 (I-2), are some of the most complicated spots for truck traffic. In addition, the stretch of I-2 through Dallas from Taylor Road to Sugar Road, plus US Highway 83 (the main east-west thoroughfare), are historically problematic for vehicle congestion.
State Highway 107 East through Dallas toward downtown Edinburg is a busy roadway known for multiple accidents. In addition, accidents frequently occur at the I-2 and I-69C interchanges, and on Business Route at US 281 (N. Cage Blvd) and I-69C / US 281.
Dallas motorists may think of truck accidents as involving large commercial trucks, such as semi-trucks and tractors. But they can also involve delivery trucks, dump trucks, oil and gas trucks, refrigerated trucks, box trucks and semi-trailer trucks. Numerous drivers are injured every week in these types of accidents in Dallas.
These are the most common truck accidents on streets and highways:
The Federal Motor Carrier Safety Administration (FMCSA) found that a large percentage of truck accidents in Texas and the United States are due to driver-related problems. The main factors impacting the driver of a commercial vehicle include:
Our Dallas accident lawyers also know that there are other elements that can cause large truck accidents. The most common reasons and contributing factors to tractor and trailer accidents include the following:
If you or a loved one were injured in a truck accident, Dallas truck accident lawyer Mario Davila can help you get the compensation you deserve for your injuries. Your Dallas truck accident attorney will investigate the accident and determine which party or parties are at fault. Here are some of the possible parties that may be found negligent in a typical commercial truck accident:
Large truck drivers and trucking companies must comply with Federal Motor Carrier Safety Regulations (FMCSR).
These rules stipulate minimum standards for those involved in operating these types of vehicles in interstate commerce. These rules include maximum hours a person can operate a tractor-trailer during a certain period, mandatory breaks and what must be done if they’re overly fatigued. The rules also define the frequency and extent of required training and driving tests.
In a car accident, many of these regulations don’t apply, which makes it a very different case.
The person driving the truck may be liable for your injuries based on their negligence in causing the incident. In many cases, truck drivers are found to be distracted or fatigued, under the influence of drugs or alcohol, driving recklessly, or failing to obey traffic laws and federal trucking regulations. Any of these may be the main cause of a serious truck accident.
The freight company responsible for loading cargo may also be held liable for an accident. Large truck accidents are often caused by improper or excessive loads. This is usually the fault of the freight company. Improperly mounted cargo can fall off the truck and onto the road, posing a danger to other vehicles.
In addition, overloaded trucks are much more likely to roll over and get into an accident. Overloaded trucks require much more distance to stop, which can be a problem in case of an accident. Finally, a tire could blow out due to excess weight, causing the truck driver to lose control of the truck.
The manufacturer may also be held liable for the truck accident. The accident may be caused by a defective truck, such as problems with the ignition, fuel line, safety equipment or brakes.
The truck driver's employer may also be held liable for negligence to some extent when proven that the trucking company violated federal or state law in the operation of its fleet, or if found guilty of hiring incompetent drivers or failing to meet their training and operation requirements.
The trucking company or the company that owns the trucks may contract an independent equipment repair shop to service and inspect them. It’s possible that this shop doesn’t use the best and most effective diagnostic tools to ensure that the trucks are properly serviced.
This maintenance company may also have used poor quality replacement parts that cause problems with the operation of the trucks. In addition, their mechanics may not be properly trained to identify all problems related to tractors and trailers.
The truck operator and their employer may haul goods for another business, using another company's truck to do so. Therefore, the owner of the truck may also be liable for an accident. They may have failed to keep the trucks in good working order, or utilized broken, missing or substandard equipment. Ultimately, these may be contributing factors to the accident.
Many trucking companies use a specialized company to conduct safety and compliance programs for their drivers. The contracted company is responsible for providing training, conducting safety audits and performing federally mandated testing of drivers for alcohol or controlled substances.
It’s not uncommon for an accident to be caused in part by improper procedures or training, or the violation of federal trucking regulations. The third party company responsible for those aspects of the truck's operation may also be named in a lawsuit and held liable for the injuries of the accident victims.
Finally, failure to enforce traffic laws may mean that the local police department or state highway patrol failed to do their job of enforcing traffic laws. Your Dallas commercial vehicle accident lawyer will thoroughly investigate the causes of the truck accident to identify all parties who may be at fault.
Fault in a Dallas commercial truck accident involves our attorneys examining the accident report by the police or highway patrol, witness statements and the insurance company's statements. Remember that the insurance company's decision is not final or binding. Our experienced Dallas truck accident lawyers will make sure that your interests are protected, so that you can get the maximum compensation possible.
One type of damages that an injured person may recover in a truck accident case is economic damages. This includes "out-of-pocket expenses" incurred by the victim as a result of the truck accident.
Non-economic damages may also be awarded to compensate an accident victim for their injuries. In addition, exemplary (or "punitive") damages may be awarded if the injuries were caused by malice, omission or gross negligence by the other truck driver or parties. That said, punitive damages aren’t commonly awarded.
Our Dallas truck accident lawyers understand that every large truck accident in our city is unique. There are several factors involved in any accident settlement process. As a result, there is no exact formula for your Dallas accident lawyer to negotiate a settlement for you.
Mario Davila Law Firm knows how to navigate a party's motivation to settle and negotiate the compensation amount after an 18-wheeler accident. This will depend on many factors in the case, including: the severity of the injuries, the medical expenses, the loss of past and future wages, the limits of insurance coverage, and the type of available evidence in the truck accident.
Another important factor in reaching a settlement is whether the victim is also responsible for the incident. Texas negligence law utilizes "modified comparative negligence," which states that an accident victim's damages are barred or reduced based on their percentage of fault.
If you or a loved one were seriously injured in a truck accident, contact Mario Davila Law Firm and speak with one of our experienced truck accident attorneys. Our seasoned Dallas truck accident lawyer Mario Davila will help you recover the compensation you need to get your life back on track.
Our truck accident lawyers also serve residents in the surrounding areas, including Pharr, San Juan, Mission, Alamo, Hidalgo, Edinburg, Donna, Weslaco, Mercedes, Harlingen, Raymondville, San Benito, Harlingen and Brownsville.
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