Experience Legal Excellence with Austin Truck Accident Lawyer Andrew Traub

Experienced Austin Truck Accident Lawyer in Texas

As an experienced Austin truck accident lawyer practicing in Texas, I’ve seen firsthand the catastrophic injuries our clients have suffered because the truck driver was not paying attention, tired, or even drunk.

Truck Accident Facts

500,000 Truck Accidents each year in the US

A trucking accident occurs when large trailers (10,000+ lbs.) collide with other vehicles or pedestrians. Around 500,000 trucking accidents occur every year in the United States. Of these, approximately 5,000 trucking accidents result in fatalities. One out of every eight traffic fatalities involves a trucking collision. If you’ve been injured by an 18-wheeler truck, you should hire experienced truck accident lawyers.

In 2002, 434,000 large trucks (gross vehicle weight rating greater than 10,000 pounds) were involved in traffic crashes in the United States; 4,542 were involved in fatal crashes. A total of 4,897 people died (11 percent of all the traffic fatalities reported in 2002) and an additional 130,000 were injured in those crashes – many hospitalized.

The Facts:

• One out of nine traffic fatalities in 2002 resulted from a collision involving a large truck.
• Of the fatalities that resulted from crashes involving large trucks, 79 percent were occupants of another vehicle, 7 percent were non-occupants, and 14 percent were occupants of a large truck.
• Of the injuries that resulted from crashes involving large trucks, 77 percent were occupants of another vehicle, 3 percent were non-occupants, and 20 percent were occupants of a large truck.
• Large trucks are much more likely to be involved in a fatal multiple-vehicle crash, as opposed to a fatal single-vehicle crash, than are passenger vehicles (84 percent of all large trucks involved in fatal crashes, compared with 61 percent of all passenger vehicles).
• In 29 percent of the two-vehicle fatal crashes involving a large truck and another type of vehicle, both vehicles were impacted in the front. The truck was struck in the rear nearly 2.5 times as often as the other vehicle (17 percent and 7 percent, respectively).

What Are Common Truck Accident Injuries?

Truck accidents can result in a wide range of injuries, some of which can be severe and life-altering. Here are some of the most common injuries people may experience:

1. Spinal Cord and Brain Injuries

• Spinal Cord Injuries: These can lead to partial or complete paralysis and require long-term care.
• Brain Injuries: Traumatic brain injuries can affect cognitive functions and may have long-term consequences.

2. Head, Neck, and Back Injuries

• Head and Neck Injuries: These injuries range from mild concussions to severe traumatic brain injuries.
• Back Injuries: Common in truck accidents and often result in chronic pain or disability.

3. Soft Tissue and Surface Injuries

• Bruises, Cuts, and Lacerations: These injuries can be painful and may require stitches or surgical intervention.
• Disfigurement: Serious accidents can lead to permanent scars or disfigurement.

4. Bone Fractures and Joint Injuries

• Broken Bones: Common in high-impact collisions, requiring extensive medical treatment and recovery time.
• Whiplash: A neck injury caused by rapid back-and-forth movement, often in minor to severe rear-end collisions.

5. Fatal Outcomes

• Wrongful Death: Tragically, some truck accidents result in fatalities, necessitating wrongful death claims for the victim’s family.

What Should I Do After a Truck Accident?

1. Assess Injuries and Seek Help

The first thing to do after a truck accident is to check yourself and your passengers for injuries. If anyone is hurt, call emergency services immediately. Even if injuries aren’t obvious, a medical check-up is essential, as some injuries may not become apparent until later.

2. Contact Authorities

As soon as it’s safe to do so, call the police. Officers will come to the scene to help manage the situation. They’ll gather information, take statements, and document the accident. Their report will be crucial for any insurance or legal claims later on.

3. Document the Scene

While waiting for the police, take the time to document the accident yourself. Capture photos of the vehicles, any visible injuries, and factors that might have contributed to the collision. Gather contact details from witnesses, which can be invaluable later.

4. Exchange Information

Make sure you exchange necessary information with the other driver involved. This includes names, contact information, insurance details, and vehicle registration numbers.

5. Preserve Evidence

Keep all records and documents related to the accident. This includes medical records, repair estimates, and any communication with insurance companies. All these will support your case if you need to make a claim.

6. Consult a Legal Professional

Finally, contact a personal injury lawyer who specializes in truck accidents. They can offer invaluable advice and help ensure you get the compensation you deserve.

By following these steps, you can protect your health and legal rights after a truck accident.

When to File a Truck Accident Claim

If you’ve suffered any of these injuries, it may be worthwhile to file a truck accident claim to seek compensation for your suffering and damages. If you’re uncertain whether you should proceed with a claim, consulting a personal injury attorney can provide clarity and direction on the best course of action.

Be Aware of the Statute of Limitations

“Statute of Limitations” refers to the legal time frame within which a victim must file a lawsuit. In the context of truck accidents, the statute of limitations determines the time period during which a victim can bring a legal action against the responsible party. It is crucial to be aware of this timeframe as failing to file a lawsuit within the specified statute of limitations can result in the victim forfeiting their right to seek legal recourse.

The statute of limitations varies by state and can differ depending on the nature of the claim. For instance, in some states, the timeframe to file a lawsuit for personal injuries might be two years from the date of the accident. This means that victims have two years to initiate legal proceedings to seek compensation for their injuries. Understanding these variations is essential because while some states may have the same statute of limitations for both personal injuries and auto accident cases, others might have different time constraints for each type of claim.

Experienced Austin truck accident lawyers can provide guidance on the statute of limitations relevant to truck accident cases and ensure that legal actions are initiated within the required time constraints to protect the victim’s rights and seek appropriate compensation. They will help you navigate through these legal complexities, ensuring that your case is filed within the statutory limits specific to your state, whether it pertains solely to personal injuries or to auto accidents more broadly.

Why you need an Experienced Austin Truck Accident Lawyer

Truck accident victims often suffer fatalities or serious and sometimes permanent injuries. Trucking companies and their insurance companies usually offer little help to the victims of truck accidents. Truck accident lawsuits are very expensive for both the victim and the company involved and often the truck company will attempt to settle the case for pennies on the dollar. Experienced Austin truck accident lawyer can help level the playing field so that you can reach a just and equal settlement.

Most of the deaths and injuries involve the passengers of vehicles while the drivers of the tractor-trailers usually escape trucking collisions with little or no personal injury.

Due to the large size of trucks, an 18-wheeler accident can greatly endanger the lives of other smaller vehicles unnecessarily when tractor-trailer operators fail to consider proper crash prevention.

Trucking injuries can be prevented if passenger vehicle drivers take special care when driving near tractor-trailers. If a trucking collision occurs, record as much information as possible, including the names and contact information of witnesses.

Experienced truck accident law firms like ours have handled many trucking accident cases and are the best Austin truck accident lawyers for truck accidents.

Common Causes of an 18-wheeler accidents in Texas, particularly around Austin:

• Failure to properly accommodate blind spots
• Brake failure
• Debris or articles on the road
• Exhaustion or fatigue on the part of the driver
• Excessive speed and failure to follow the rules of the road
• Tire failure or separation
• Driving under the influence of drugs or alcohol
• Unsecured cargo or freight shifting in the payload section
• Unsafe driving practices

There are many reasons why 18-wheeler accidents are so catastrophic. The pressure for speed and efficiency by the trucking companies and the deregulation of the industry are both major factors – 18-wheeler drivers are typically required to work long hours with little or no sleep. Large trucks consistently break the speed limit to deliver goods quickly – adding fuel to an already dangerous fire. The sheer size of an 18-wheeler makes for a massive impact and hinders the ability of the truck to make sudden stops. The results are too often fatal.

Texas Big Rig Trucking Accidents Lawyer

Alarmingly, big rig accidents have increased each year as unsafe driving, oversized loads and various other treacherous practices put the public and truck operators in danger. Because of commercial greed and pressure from trucking companies to deliver goods as quickly as possible, as well as the deregulation of the trucking industry, these types of accidents account for one of every eight traffic fatalities. This intense sense of urgency proves to be a deadly one – federal crash statistics have determined that 20% of big rig accidents are due to excessive speed.

Big rig accidents are especially dangerous for vehicles nearby. Due to the large size of trucks, a trucking accident can greatly endanger the lives of other smaller vehicles unnecessarily when truck operators fail to consider proper trucking accident prevention. Most of the deaths and injuries involve the passengers of vehicles; truck drivers usually escape trucking accidents with little or no personal injury.

Some unique laws and regulations are designed specifically to protect motorists from the negligent actions of truck drivers and trucking companies, but fault must be aggressively proven. It’s extremely important to have an experienced and knowledgeable Austin truck accident lawyer who can meticulously scrutinize all of the records and logs leading up to the accident to prove the driver’s negligence.

Interstate Trucking Accidents

As our nation’s interstates mushroom exponentially to keep up with the vast expansion of the commercial and recreational travel population, trucking accidents have become nearly epidemic. The mix of incredibly fast interstate speeds and monstrous size of these trucks – a big rig truck typically weighs 80,000 lbs and ranges about 67-75 feet long – is a volatile and deadly recipe for disaster.

The presence of these trucks on interstates continues to grow – approximately 7% of all the vehicle miles driven in the nation are done so by big rig drivers today. As the competition for trucking contracts increases (over 200,000 new trucks were registered last year), drivers are under increased pressure to deliver their goods faster, even if it means falsifying log books and breaking the law. Fatigue also becomes a huge issue – in a recent survey, almost 20% of truckers admitted to falling asleep at the wheel at least once in the previous three-month period.

If you have survived an interstate trucking accident, you’ve been through enough. The pain of injuries compounded with a mountain of medical bills can be overwhelming, and you should be compensated for your suffering.

Wheel Blowout Accidents

When a tire tread becomes defective or old, there can be a sudden tire failure or rupture, causing a lightning-quick, extremely dangerous loss of control. This then causes the back end of the truck to swing out or “fishtail”, resulting in the vehicle skidding out and sliding sideways in the direction of travel. When this occurs, the truck can often trip and go airborne, starting a rollover. A blowout can also cause the truck to violently stop moving – leaving a deadly pile-up behind it.

If you have been hurt in a wheel blowout accident, you can receive monetary compensation for your suffering. Whether the accident is caused by faulty materials or driver negligence, you have the right to fight back. Don’t waste any time before pursuing rightful reparations for your loss.

Jack Knife Accidents

Jack-knifed trucking accidents are especially perilous, both for the driver and nearby passengers or pedestrians. A jack-knife refers to the dangerous situation that occurs when a large 18-wheel truck goes into a skid and the trailer swings out and stops to form an angle of 90 degrees with each other. The chances of this dire quandary increase in inclement weather – jackknifing generally occurs when the drive wheels are locked when they reach a slick spot while the front wheels and the trailer keep rolling forward. These destructive accidents can even cause multiple car pile-ups on the freeway, often with many casualties.

If you’ve been the victim of a trucking accident, don’t waste any time before seeking the reparations that you deserve for experiencing such a traumatic event. Experienced and knowledgeable Austin truck accident lawyer helps you maneuver through the complex legal system to fight for your compensation.

Truck Under Ride Accidents

Tractor-trailer under-ride accidents occur when a passenger vehicle, hits the back of a truck whose base is higher than the car, putting small family passenger cars in particular danger. These accidents happen because the height of the front of the car is too small to hit the bed of the truck, often falling 10 to 20 inches below. This height discrepancy puts the bed of the truck right at the head-chest level of the passengers within the car, and injuries in these accidents tend to be catastrophic, if not fatal.

Driving negligence is dangerous – but truck driving inattention can be especially deadly. There’s no excuse for the unnecessary death of thousands of innocent people and you shouldn’t be held financially accountable for someone else’s dangerous behavior.

Impaired Truck Driver Accidents

Each year thousands of motorists and big rig drivers are killed or maimed by the negligent operation of trucks. One of the most common and deplorable characteristics of these fatal accidents is the impairment of the driver. In 1999, the National Highway Traffic Safety Administration estimated that 30 percent of all traffic deaths occurred in accidents in which at least one driver or non-occupant has a BAC of .10 or higher and at least some alcohol was present in 38% of all fatal crashes – an especially sobering statistic about trucking accidents.

Unfortunately, alcohol is not the only deadly substance that leads to these kinds of accidents. A study by the Insurance Institute for Traffic Safety (IITS) of interstate tractor-trailer drivers found that 15% of all drivers had marijuana, 12% had non-prescription stimulants, 5% had prescription stimulants, 2% had cocaine, and less than 1% had alcohol in their systems. Due to the intense pressure for time efficiency, a National Transportation Safety Board investigation of fatal truck accidents found that stimulants were the most frequently unidentified (15%) drug class among fatally injured truck drivers.

Driving while intoxicated is inexcusable and deadly, and the risks are amplified for truck drivers. If you’ve been injured by an accident due to an impaired truck driver, you deserve to be rightly compensated for your traumatic experience. Experienced Austin truck accident lawyer helps you maximize the reparations that you receive for your suffering.

Understanding Personal Injury Law in Truck Accidents in Austin

Navigating the aftermath of a truck accident in Austin can be overwhelming. With the complex nature of personal injury law, understanding its fundamentals is crucial for any victim seeking justice. Personal injury law encompasses various issues, and one of its primary functions is to support victims of truck accidents by ensuring they can claim compensation.

Key Reasons to Understand Personal Injury Law:

1. Compensation for Damages: Victims can receive compensation for multiple types of damages such as medical expenses, lost income, and pain and suffering. Knowing how to navigate these claims with a comprehensive understanding of personal injury law is essential.
2. Establishing Negligence: A successful personal injury claim hinges on establishing the negligence of the truck driver or other involved parties. Negligence is essentially the failure to exercise reasonable care, leading to harm. An attorney specializing in this field can help gather necessary evidence and construct a strong case.
3. Modified Comparative Fault Rule: Texas’s specific legal framework includes a modified comparative fault rule, which affects compensation. Knowledge of this rule is vital because if the victim is found partially at fault, the potential compensation is reduced accordingly. However, as long as the victim’s fault does not exceed 50%, they remain eligible for compensation.

Understanding personal injury law specifically tailored to truck accidents in Austin empowers victims to effectively pursue their legal rights. This knowledge ensures they are adequately prepared to tackle the legal challenges and advocate for their rightful compensation.

How to Effectively Gather Evidence for a Truck Accident Case in Austin

If you’re involved in a truck accident in Austin, collecting robust evidence is vital for building a strong case. Here’s a step-by-step guide to ensure you compile the most compelling evidence:

1. Obtain the Accident Report

Immediately after the accident, ensure that you file a report with the police. This document is crucial as it provides an official overview of the accident, noting the conditions, involved parties, and any immediate observations by the officers. This report will serve as a foundational piece of evidence.

2. Collect Eyewitness Accounts

People who witnessed the accident are valuable sources of information. Gather contact information at the scene, if possible, and follow up to get their detailed accounts of what they saw. These testimonies can help to corroborate your version of the events.

3. Take Photos and Videos

While at the scene, take extensive photos and videos from multiple angles. Capture the overall scene, specific damages to all vehicles involved, skid marks, road signs, and any environmental conditions that might have influenced the accident. Visual evidence can be very persuasive in proving fault.

4. Secure Electronic Data

Modern trucks usually carry an electronic data recorder (EDR), commonly known as a black box, which records data on truck operation before and during a crash. You will need special legal assistance to obtain this data, as it is crucial for understanding the truck’s condition and behavior just before the accident.

5. Consult Experts

Sometimes, the insight of a specialist is needed to interpret evidence or provide a clearer picture of how an accident occurred. This might include accident reconstruction experts, automotive specialists, or medical professionals to discuss injuries. These expert opinions can greatly influence the outcome of your case.

Hiring a Skilled Attorney

Navigating a truck accident case requires a sharp legal approach. Hiring an experienced attorney who understands the specifics of truck accident law in Austin is essential. They will be instrumental in gathering and analyzing all forms of evidence, negotiating with involved parties, and crafting a strong case on your behalf.

By following these detailed steps, you can assemble a comprehensive evidence portfolio that will be critical when presenting your case either in settlements or in court.

How can individuals determine if they are owed money and seek legal representation for their case?

Determining if You’re Owed Compensation and Seeking Legal Representation

Evaluate Your Case Identifying if you are owed financial compensation primarily hinges on the details surrounding your personal injury situation. This first step requires a careful assessment of the incident, where understanding the depth of your injuries and the implications on your daily life is crucial. Consider keeping a detailed record of medical visits, loss of income, and emotional distress caused by the incident.

Calculate Your Damages Before reaching out to a lawyer, you can preliminarily estimate your potential damages. This includes medical expenses, lost wages, and compensation for pain and suffering. Online calculators are available to help you get a basic idea of what your claim might be worth, but these should only be used as a guide and not a definitive outcome.

Seek Professional Help Once you have assessed your situation and estimated your damages, the next step is to find experienced legal help. Contacting a personal injury lawyer will provide you with professional guidance tailored to your specific case. Legal experts not only offer advice but can vigorously advocate on your behalf to ensure you receive fair compensation.

Contact Information and Initial Consultation To begin this process, you can reach out by phone or use an online form to describe your case to the attorney. Provide essential details such as your name, contact information, and a brief description of the incident. Many law firms offer initial consultations at no charge, allowing you to understand better the merits of your case without any financial commitment.

The Importance of Negotiating with Insurance Companies After a Truck Accident

Negotiating with insurance companies post-truck accident is crucial for several reasons. Primarily, it involves discussing the damages and injuries sustained to ensure you receive the appropriate compensation. Insurance adjusters, backed by extensive experience and strategies, often aim to reduce the financial burden on their company by offering lower settlements or denying claims outright.

Leveling the Playing Field

This is where the role of a competent truck accident attorney becomes vital. A specialized lawyer brings expertise and knowledge, evening out the dynamics typically skewed in favor of insurance firms. Here’s how an attorney aids in the negotiation process:

• Expert Representation: They understand the ins and outs of insurance policies and legalities, which can significantly swing negotiations in your favor.
• Communication Handling: Your lawyer will take over the communication aspect, shielding you from potential manipulative tactics that could undermine your position.
• Maximizing Compensation: With a keen eye for detail, your attorney will push for a settlement that covers all your medical costs, personal losses, and any future implications related to the accident.

The negotiation process with insurance companies is pivotal after a truck accident. This step not only aims to secure rightful compensation but also ensures justice by holding the appropriate parties accountable. With professional legal assistance, you can navigate through this daunting process with more confidence and significantly better results.

Ready to get help? A qualified legal expert is just a call or click away—reach out today to ensure your rights are fully protected.

If you were involved in a truck accident and need an Austin truck accident lawyer near me, call the Traub Law Office at (512) 246-9191 to speak to an attorney today.