Welcome to Johnathan Law Firm's Personal Injury Blog

At Johnathan Law Firm, we understand the challenges you face after an accident or injury. Our blog is your one-stop resource for expert advice, legal insights, and actionable tips to navigate personal injury claims effectively.

18 wheeler truck flipped over

Comprehensive Guide to 18-Wheeler Accidents in Texas

January 08, 20258 min read

Comprehensive Guide to 18-Wheeler Accidents in Texas

Introduction

18-wheeler accidents are a serious and growing concern on Texas highways. These types of accidents are not only incredibly dangerous for those involved but also pose substantial risks to public safety. Given the large size and immense weight of commercial trucks, the impact of an accident can result in catastrophic injuries, severe property damage, and even fatalities. Texas, known for its vast highways and busy transportation routes, sees a high number of these accidents each year. Understanding the common causes, the factors that determine liability, and how victims can seek compensation is vital for anyone involved in or affected by an 18-wheeler accident.

This guide aims to provide a comprehensive overview of 18-wheeler accidents in Texas, offering valuable information on causes, injuries, legal action, and preventative measures.

Common Causes of 18-Wheeler Accidents

While the causes of 18-wheeler accidents vary from case to case, there are several key factors that frequently contribute to these incidents. Understanding these causes is important both for preventing accidents and for determining fault when accidents occur.

Driver Fatigue

One of the leading causes of 18-wheeler accidents is driver fatigue. Truck drivers often work long hours to meet tight deadlines and deliver goods on time, which can lead to exhaustion. Despite federal regulations that limit driving hours for truck drivers, fatigue continues to be a major concern. Fatigued drivers have slower reaction times, impaired judgment, and a higher likelihood of making critical errors on the road, such as falling asleep at the wheel.

Speeding

Another significant contributor to 18-wheeler accidents is speeding. Many truck drivers are under pressure to meet strict delivery schedules, which can lead to speeding in an attempt to save time. The large size and weight of an 18-wheeler make it more difficult to stop quickly or maneuver at high speeds, which increases the likelihood of a collision. Additionally, speeding reduces the driver's ability to react to changing road conditions, such as traffic signals, pedestrian crossings, or obstacles in the roadway.

Mechanical Failures

18-wheelers are complex vehicles with many moving parts, and mechanical failures can sometimes be the cause of accidents. These failures can occur if the truck is not properly maintained or if a crucial component, such as the brakes or tires, malfunctions. Common mechanical failures include brake failure, tire blowouts, and engine issues. Regular maintenance is required to keep commercial vehicles in safe operating condition, but neglecting this responsibility can have disastrous consequences.

Distracted Driving

Distracted driving is a growing issue among all types of drivers, including truck drivers. Common distractions include texting, talking on the phone, eating, adjusting the radio, or using in-cab technology. While these distractions may seem harmless at first, they can take the driver’s attention away from the road, leading to dangerous driving behaviors and, ultimately, accidents. In an 18-wheeler, distractions can have even more severe consequences due to the truck's size and limited maneuverability.

Adverse Weather Conditions

Texas is known for its unpredictable weather, with heavy rain, fog, and ice affecting road conditions throughout the year. Bad weather can severely impair visibility, road traction, and the driver’s ability to respond to hazardous conditions. For truck drivers, adverse weather conditions require additional caution, including reducing speed and maintaining a safe following distance. Unfortunately, even with these precautions, weather-related accidents still happen, and the sheer size of 18-wheelers makes them especially vulnerable during inclement weather.

Determining Liability in 18-Wheeler Accidents

When it comes to 18-wheeler accidents, determining liability can be complex, as multiple parties may be involved. In Texas, the legal process is designed to assign fault based on evidence, which can include driver actions, maintenance records, and third-party involvement. Below are the common parties that could be held liable in an 18-wheeler accident.

Truck Drivers

In many cases, the truck driver is the one responsible for the accident. This can occur if the driver was negligent, such as by speeding, driving while fatigued, or failing to follow traffic laws. Drivers who engage in distracted driving or fail to properly maintain their vehicles can also be held accountable. If it can be proven that the driver's actions directly contributed to the accident, they may be held liable for the resulting damages.

Trucking Companies

In some situations, the trucking company that employs the driver can also be held responsible. Trucking companies are required to ensure that their drivers are well-trained, properly licensed, and following all state and federal regulations. If the company failed to provide adequate training, pressured the driver to violate regulations, or neglected to maintain the truck, they may be liable for the accident. Additionally, if the trucking company failed to screen drivers properly during the hiring process, they could be considered negligent.

Manufacturers

In some cases, the manufacturer of a truck or its parts may be at fault for an accident. If a defect in the truck or a particular component (such as the brakes or tires) caused the crash, the manufacturer could be held responsible. Product liability laws in Texas allow for manufacturers to be sued for defects that lead to accidents, and these cases often involve extensive investigations to determine if a defective part played a role.

Third Parties

In addition to drivers, trucking companies, and manufacturers, other parties may also share responsibility for 18-wheeler accidents. These parties could include other drivers on the road, maintenance providers, or entities responsible for road conditions. For example, if a poorly maintained road or faulty signage caused an accident, the local government or the company responsible for maintaining the road might be liable.

The Importance of Legal Representation

If you’ve been involved in an 18-wheeler accident, seeking legal representation is critical. The complexities of these cases can make it challenging to navigate the legal system, especially when multiple parties are involved. A personal injury lawyer with experience handling 18-wheeler accident cases can help you with:

Investigation

A thorough investigation is necessary to establish liability. A lawyer can assist in gathering evidence, reviewing police reports, interviewing witnesses, and analyzing accident scene photos. They can also work with accident reconstruction experts to determine how the crash occurred and who was at fault.

Negotiation

Insurance companies often try to settle claims quickly, but they may offer an amount that is much lower than what you deserve. An experienced lawyer can negotiate on your behalf to ensure that you receive fair compensation for your medical bills, lost wages, pain and suffering, and other damages.

Litigation

If a fair settlement cannot be reached through negotiation, your lawyer can take your case to court. Litigation may be necessary to ensure you receive the compensation you are entitled to. Your lawyer will represent your interests, advocating for you during trial and presenting evidence to support your case.

Common Injuries in 18-Wheeler Accidents

The sheer size and weight of 18-wheelers often result in catastrophic injuries when accidents occur. Common injuries include:

  • Traumatic Brain Injuries (TBI):
    Due to the violent impact of a collision, victims may suffer brain injuries, ranging from concussions to more severe traumatic brain injuries, which can have long-term effects on cognitive function and quality of life.

  • Spinal Cord Injuries:
    The force of a truck accident can cause damage to the spinal cord, resulting in partial or complete paralysis. These injuries often require extensive medical treatment and long-term care.

  • Broken Bones:
    Fractures are common in truck accidents, as victims are often subjected to extreme forces. These fractures may require surgery, rehabilitation, and physical therapy.

  • Internal Injuries:
    The impact of the crash can cause serious internal injuries, including damage to vital organs like the liver, kidneys, and lungs. These injuries often require immediate surgical intervention.

  • Burns and Lacerations:
    Fuel spills, fires, and shattered glass can result in burns and deep cuts that require immediate medical attention. These injuries can be painful and lead to long-term scarring and disfigurement.

Compensation for Victims

Victims of 18-wheeler accidents may be entitled to compensation for a wide range of damages, including:

  • Medical Expenses:
    This includes both current and future medical costs for treatment, rehabilitation, and ongoing care related to accident injuries.

  • Lost Wages:
    If the accident caused you to miss work or become unable to work, you may be entitled to compensation for lost income.

  • Pain and Suffering:
    Victims can seek compensation for the physical pain, emotional distress, and diminished quality of life caused by their injuries.

  • Property Damage:
    This includes reimbursement for repairs or replacement of damaged vehicles and personal property.

  • Punitive Damages:
    In cases involving gross negligence, such as when a driver or company intentionally disregarded safety regulations, punitive damages may be awarded to punish the responsible party and deter similar behavior.

Preventative Measures

Preventing 18-wheeler accidents requires proactive efforts from both trucking companies and drivers. Key preventative measures include:

  • Regular Maintenance:
    Routine inspections and maintenance are essential to keep 18-wheelers in safe working condition.

  • Adhering to Regulations:
    Compliance with hours-of-service regulations helps ensure that truck drivers do not operate vehicles while fatigued.

  • Driver Training:
    Proper training ensures that drivers are equipped to handle various road conditions and emergency situations.

  • Advanced Safety Features:
    The installation of safety technologies, such as automatic braking systems and lane departure warnings, can significantly reduce the risk of accidents.

Conclusion

18-wheeler accidents in Texas present significant risks for all road users. By understanding the common causes, the legal framework for determining liability, and the steps to take after an accident, victims can better protect their rights and seek the compensation they deserve. Engaging a knowledgeable personal injury attorney can make a significant difference in ensuring that justice is served.

18-wheeler accidents in TexasTruck driver fatigueTexas personal injury lawyerLiability in truck accidentsCompensation for truck accident victims
blog author image

Jonathan Perez

Jonathan Perez is a dedicated personal injury attorney based in San Antonio, Texas, with years of experience fighting for the rights of accident victims. Specializing in cases involving car accidents, slip and falls, workplace injuries, and wrongful death, Jonathan is committed to providing compassionate and aggressive legal representation. With a client-first approach, he works tirelessly to ensure his clients receive the compensation they deserve. As the founder of Jonathan Perez Law, he has earned a reputation for his unwavering dedication to justice and his ability to secure favorable outcomes for those in need of skilled legal support.

Back to Blog
10 Dominion Dr BLDG. 2, STE. 2204, San Antonio, TX 78257, USA

Office Address:

10 Dominion Dr BLDG. 2, STE. 2204, San Antonio, TX 78257

Phone Number:

+1 (726) 777-1111

Email:

[email protected]

Hours:

Open 24 hours a day, 7 days a week

Frequently Asked Questions

How do I know if I have a personal injury case?

If you’ve been injured due to someone else’s negligence or intentional actions, you may have a personal injury case. Contacting our firm for a free consultation can help determine the strength of your claim.

How long does it take to resolve a personal injury case?

The length of time varies depending on the complexity of the case, the severity of the injury, and whether a settlement is reached or the case goes to trial. Some cases can be resolved in months, while others may take longer.

What should I do immediately after an accident?

Seek medical attention, document the scene (if possible), collect witness information, and report the incident. Contacting a personal injury attorney as soon as possible ensures your rights are protected from the start.

Can I still file a claim if I was partially at fault for the accident?

Yes, in many states, you can still recover compensation even if you were partially at fault. However, your compensation may be reduced by the percentage of fault assigned to you. An attorney can help assess your specific situation.

What should I do if I am arrested in San Antonio?

If you are arrested in San Antonio, it’s crucial to remain calm and not resist arrest. Politely inform the officers that you wish to remain silent and request a lawyer. Anything you say can be used against you, so it’s important to protect your rights from the moment of arrest. Contact a criminal defense attorney as soon as possible to help you navigate the legal process.

How can a criminal defense attorney help me?

A criminal defense attorney can provide expert advice, investigate the facts surrounding your case, challenge the evidence, negotiate plea deals, and represent you in court. Our goal is to minimize the charges or penalties you face, and in some cases, even get your case dismissed. With extensive knowledge of San Antonio criminal laws, we fight to protect your rights and future.

What are the possible penalties for criminal charges in San Antonio?

Penalties for criminal charges in San Antonio depend on the type and severity of the offense. They can range from fines, probation, and community service to prison sentences. Felonies carry more severe penalties than misdemeanors, and sentences can vary based on prior criminal history, the specifics of the crime, and other factors. A criminal defense attorney will help you understand the potential penalties and work to reduce them.

What is the difference between a felony and a misdemeanor in Texas?

In Texas, crimes are classified as either felonies or misdemeanors. Misdemeanors are less severe offenses and typically result in less severe penalties such as fines, probation, or up to one year in county jail. Felonies are more serious offenses, and convicted individuals may face longer prison sentences, hefty fines, and other long-term consequences. A criminal defense attorney can help you understand the classification of your charges and how best to proceed.

CUSTOMER CARE

LEGAL

Copyright 2024. The Law Office of Jonathan Perez, Injury Attorney. Tailored Solutions by KnightNexus