Experienced Truck Accident Lawyers in Midland, TX
Skillful Midland Truck Accident Lawyer
Because of the sheer size of big rigs, injuries in accidents with them are often especially severe. If you’ve been hurt in a truck accident in Texas, you may be anxious about what the future holds for you, both physically and financially. While we can’t take away your pain or injuries, a Midland truck accident lawyer from Hanna Allen, PLLC can work to get you compensation if the accident was caused by the negligence of the truck driver or another party.
Call our Midland office today at (432) 220-3331 for a free case evaluation. We also have offices in Abilene, Odessa and Sweetwater.
Common Types of Truck Accidents
A truck accident refers to any collision or incident involving a commercial truck or large vehicle. These accidents can vary in severity and may involve various types of trucks, such as tractor-trailers, semi-trucks, dump trucks, delivery trucks, or tanker trucks. Truck accidents can occur for a variety of reasons, including driver error, mechanical failure, adverse weather conditions, or road hazards.
Common types of truck accidents include:
- Jackknife: This occurs when the trailer of a truck swings out to form a 90-degree angle with the cab, resembling the shape of a folding jackknife. Jackknife accidents often happen when the truck's wheels lock up during braking, causing the trailer to skid out of control.
- Rollover: Rollover accidents happen when a truck tips over onto its side or roof. Factors such as excessive speed, sharp turns, uneven roads, or cargo shifts can contribute to rollover accidents.
- Underride: An underride accident occurs when a smaller vehicle slides underneath the rear or side of a truck, often with devastating consequences for the occupants of the smaller vehicle. These accidents frequently happen when a truck suddenly stops or slows down, and the following vehicle cannot brake in time to avoid a collision.
- Override: This type of accident involves a truck running over a smaller vehicle in front of it. Override accidents can result from factors such as driver distraction, poor visibility, or the smaller vehicle suddenly stopping or slowing down.
- Blind Spot: Trucks have large blind spots, especially on the sides and rear. Accidents can occur when vehicles linger in these blind spots and the truck driver is unaware of their presence, leading to collisions during lane changes or turns.
- Cargo Spill: Cargo spills can happen when improperly secured or overloaded cargo shifts or falls off a truck, causing a hazard for other vehicles on the road and potentially leading to accidents.
- Tire Blowout: A blown-out tire on a truck can cause the driver to lose control, leading to accidents. Tire blowouts may occur due to factors such as overloading, insufficient maintenance, or road hazards.
- Brake Failure: Brake failure in a truck can result from mechanical issues, inadequate maintenance, or overheating during prolonged braking. A truck's inability to stop or slow down can lead to collisions with other vehicles.
- Head-On Collisions: These occur when the front ends of two vehicles collide. In the case of a truck accident, head-on collisions can result in severe damage and injuries due to the size and weight of the truck.
How Do Commercial Truck Accidents Happen?
A causation study by the FMCSA showed factors that contributed to fatal accidents. Here are some of them:
- Distracted driving
- Fatigued driving
- Over-the-counter and prescription drug use
- Driving too fast for conditions
- Misjudged speed of other drivers
- Followed other vehicles too closely
- Exercised poor judgement or control
- Brake problems
- Roadway problems
- Unfamiliarity with roadway.
However your accident happened, it’s probably causing you physical and emotional pain, in addition to worry about how you will pay your bills. We want to relieve your financial stress. Contact us today for help.
Tracking the Dangers of Trucks on the Road
Texas leads the country in injury and fatal trucking crashes. Every year in Texas, on average, nearly 700 people are killed and approximately 11,000 injured in large truck and bus accidents, according to Federal Motor Carrier Safety Administration (FMCSA) statistics. Not surprisingly, because of the sheer size and weight of big trucks, some of which can weigh as much as 80,000 pounds, most of the victims are in other vehicles. Nationwide in a single recent year, over 80% of fatalities in large truck crashes were to others, including occupants of other vehicles and pedestrians and bicyclists, not to truckers themselves.
While most truck drivers strive for safety, those who don’t make the state’s roads and highways dangerous for everyone. Every person who gets behind the wheel has a duty to drive safely, including truck drivers. When they fail in that duty and cause injury accidents, they should be held accountable.
Determining Fault in Texas Truck Crash Cases
It’s not unusual for more than one party to be held liable in trucking accidents. Many truck drivers are directly employed by trucking companies. These companies may not provide adequate training to drivers; they may pressure drivers to work harder and deliver faster; or they may not properly maintain their vehicles. These are just some examples of how trucking companies may be negligent and share the blame for injury crashes. Even if a driver that causes a wreck is an independent contractor, the company they are driving for at the time of the accident may still share the blame.
Liability is different in every case and depends on all the unique circumstances of truck crashes. Other parties that could be named in crashes include:
- Drivers of other vehicles who cut off big rigs, causing chain reactions
- Freight companies, if unbalanced or unsecured loads cause crashes
- Truck mechanics who don’t properly correct issues
- Manufacturers of defective truck or trailer parts.
When our Midland attorney investigates your accident, we’ll investigate all the parties involved to determine negligence. If more than one party was responsible for the crash, they will all be held liable in your truck accident lawsuit. By holding more than one party liable, it increases the amount of money available and helps maximize your chances of having all your damages compensated.
How Texas Comparative Negligence Law May Affect Your Case
Texas is a modified comparative negligence state. In basic terms, this means that if you share any fault for the accident that caused your injuries, your compensation will be reduced by your percentage of fault. For example, if your award was $40,000 but the other side is able to convince the jury that you were 25% responsible, you will get $30,000 instead of the full amount. If you were more than 50% responsible, you won’t get anything. Even if your case is heading to a settlement, insurance adjusters are highly likely to take your responsibility for the accident into account in their offers.
When you hire a Midland truck accident lawyer from our firm, we’ll work hard to prove liability of all possible parties and to defend you against accusations of shared responsibility from the truck driver, trucking company or other party.
Reach out to us to arrange a free consultation with an effective Midland truck accident attorney by calling (432) 220-3331.
Statute of Limitations in Truck Accident Cases
Texas has a two-year statute of limitations for bringing lawsuits in personal injury and wrongful death truck accident cases. The clock generally begins running on the date you were injured (or discovered your injuries) or the date your family member died. There are exceptions to these rules, however, so be sure to speak directly with an attorney if you are getting close to the deadline. In any case, it’s always best to speak to an attorney as soon as possible after an injury accident when the details are still fresh in your mind and evidence is more easily available.
Compensation in Truck Accidents
Financial compensation in truck injury cases is based on damages. Damages are all the losses you’ve experienced because of the accident. Typically, damages that can be asked for in these types of cases include money for:
- Doctor visits, hospitalization, therapy, nursing care, medications, medical equipment and other current and future medical needs
- Paid help you may need for household tasks or child care because of incapacitating injuries
- Lost wages when you had to take time off work to recuperate
- Lost earning capacity if you can no longer work at the same level or can’t work at all
- Pain and suffering for the chronic pain, disfigurement and emotional trauma you may have experienced
- Punitive damages that are meant to punish at-fault parties in cases of gross negligence.
If your family member died in a crash with a truck and you are an eligible survivor, you may be able to get compensation for their loss through a wrongful death claim. Eligible survivors in accident cases include spouses, parents and children of the deceased. Damages in wrongful death claims may include reimbursement for medical expenses, lost earnings, lost inheritance, loss of love and companionship, lost guidance and support, and funeral and burial costs.
Our truck accident lawyers in Midland, TX, are passionate about helping survivors who have lost family members due to the careless and negligent actions of another party. If you’re suffering a tragic loss, you can trust us to treat you with compassion and understanding in all your interactions with us. Reach out to our law firm to discover whether you may have a legal claim by calling (432) 220-3331 to arrange a free, no-obligation consultation.
Helping Victims of Dangerous Commercial Trucking Crashes
If you were injured in a truck accident or lost a beloved family member, we want to speak with you. Once we understand the circumstances of your accident, we’ll explain your legal options for potentially getting money to help you with the financial impacts of the crash.
Truck drivers like all drivers are responsible for safety. When they drive carelessly and cause accidents, they should be held accountable.
Don’t go it alone when you are recuperating from an injury crash or mourning the loss of a loved one. A truck accident lawyer at Hanna Allen, PLLC can relieve the pressure of bringing a lawsuit by handling the process for you while you focus on physical and emotional recovery.
To speak with one of our Midland truck accident lawyers call (432) 220-3331 or reach out to us online.
In addition to our Midland office, we have offices in Abilene, Sweetwater and Odessa. We provide free consultations, so you have nothing to lose by talking to us about your accident, and you may have much to gain.
Our FAQ
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What is involved in a consultation with a Midland truck accident lawyer?During your free consultation, our Midland truck accident lawyer will listen carefully to you as you describe how your accident happened. Our attorney will ask questions to gather more information. They may ask about your specific injuries, where the accident took place, who you believe caused the accident, how many parties were involved, whether there were any eyewitnesses, and more. You can also ask us any questions you may have, such as about our experience in truck accident cases, how we would handle your case if you hire us, how the legal process works and anything else you would like to know. All of the information our Midland lawyer gathers in the consultation will be used to determine whether they believe you have a case for a legal claim. If so, they will talk to you about what your claim may be worth and your options for going forward with a lawsuit. Consultations with our Midland truck accident lawyer are confidential, so you can feel comfortable being completely honest with us no matter how sensitive the information. Your information will stay confidential even if you choose not to hire our firm. Hanna Law provides consultations at our Midland office or at one of our other offices, which are located in Abilene, Odessa and Sweetwater. Call (432) 220-3331 to arrange a free consultation.
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How will your Midland truck accident lawyer determine who caused the accident?Our Midland truck accident lawyer will carefully examine all the facts of the accident to determine liability. They will look at the police report, witness statements, photos and video from the accident scene and other evidence. They may get input from expert witnesses, including accident reconstruction experts, road safety professionals and others. They may seek information about the driver’s background and review data from the truck’s on-board devices.
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How does a truck accident claim work?First your Midland truck accident attorney will seek to negotiate a settlement with the truck driver or other liable party and their insurance company. If a fair settlement offer is made that adequately covers your current and future damages, you may choose to accept the offer. We always prepare as if we are going to trial, which often encourages the other side to settle fairly, because they know we are ready to fight. However, if the insurer doesn’t provide a fair offer or if the at-fault party denies responsibility, we will take your case to trial. Prior to trial, the case will go through the discovery process, in which both sides exchange evidence and information about witnesses. During the trial, attorneys for both sides will present evidence to the court and argue on behalf of their clients. Once arguments and testimony are over, the outcome will be decided by the judge or jury. Our truck accident lawyer in Midland will counsel you through every phase in the process and be available to answer your questions and address your concerns.
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How much will it cost me to hire a Midland truck accident attorney?Our truck accident lawyers in Midland work on contingency, so we get paid only if we win your case. Once we get you an insurance settlement or an award at trial, we take a previously agreed upon percentage of your compensation. If we don’t get you compensation, you don’t pay us anything.
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Why shouldn’t I just take the insurance company settlement offer instead of hiring a lawyer?The insurance adjuster for the truck driver, trucking company or other liable party may approach you with a settlement offer, especially if there is strong evidence that their policyholder was at fault. But if this happens, the offer will probably be considerably lower than what your damages and claim are worth. Insurance adjusters want to save money for insurance companies. They also want to get accident claims off their books by making quick offers that don’t give injured victims time to think about their options. A Midland attorney who is skilled in taking on truck accident cases understands all the losses that seriously injured parties face after a crash. We’ll take into account all of your damages, including what the accident will cost you in the future, and fight to get you the full value of your claim.
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How long will it take before I get compensation?How long cases take depends on many things: the seriousness of injuries, the parties involved and their potential liability, and all the other complexities that must be carefully investigated. In straightforward cases, where liability is obvious, cases usually resolve more quickly. When cases are resolved through settlements (and the majority are), it may take just weeks or months to get compensation. Cases that go to trial typically take longer. They can take a year or more to complete. Also, an important thing to point out is that when a case is decided by a judge or jury there is no guarantee about the outcome.
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