A commercial trucking accident can cause catastrophic injuries or even death. Such tragedy can negatively alter the livelihood and well-being of not only the harmed individual(s) but also their families.
Trucking accidents are among the worst forms of accidents that unfortunately occur more frequently than people realize. As a matter a fact, trucking accidents are responsible for hundreds of injuries and deaths annually.
Semi-truck engines can weigh around 3,000 lbs due to the intended purpose of hauling approximately 80,000 lbs. The 18-wheeler must generate several thousand pounds of torque to be in standard operation which is expected to travel a million miles before an overhaul. Thus, the chance of colliding with one of these death machines is extremely high.
Trucks are prevalent on interstate highways, thus individuals who drive next to semi’s run a high risk of catastrophic injury or even death. Semi-trucks are prone to roll over, have a tire blowout, or a cargo collision. The most common causes for semi-truck collisions are:
18-wheelers or “semi-trucks” are regulated by their weight, time on the road and cargo.
Trucking accidents are not only physically damaging, they can be fatal and can change one’s life forever. A general rule is that the amount of force a vehicle occupant experiences is strongly dependent on the size and speed of the vehicles involved.
Here is a list of some injuries that can occur from a trucking accident:
Trucking accidents can be caused by a myriad of factors, the most common cause of accidents is can be found by some form of negligence. Meaning, someone messed up? At Ali Law Group PLLC, we conduct a detailed thorough investigation by immediately obtaining onboard data, any incident reports, all recorded footage, witness testimonies, road construction information, driver logs, hours of service logs, etc.. We hire experts to determine how the accident happened and degree of fault. Trucking accidents are more complex than other types of accidents for several reasons.
Let’s break each one down, first with multiple responsible parties. Sometimes negligent acts can be due to a combination of multiple parties involved. For example, in addition to the truck driver, the company for which the driver works for at the time of the collision may equally be responsible under the legal theory called “respondeat superior”. This latin phrase means “let the master answer for the servant.” Other responsible parties include:
The second reason commercial trucking accidents can be more complex is due to the heightened standards of care. The commercial truck driver will always be subject to the Federal Motor Carrier Safety Administration (FMCSA) which is a specified field within the Department of Transportation. The FMCSA was created to prevent and/or limit fatalities and injuries caused by commercial motor vehicles. The FMCSA holds each trucking company and truck driver to a higher standard of care than your average driver because of the increased risk of injury and death.
The heavy cost of hiring experts, properly investigating each case and protecting evidence requires an attorney well-versed in such matters. All 18-wheelers are required to have a black box or an event data recorder (EDR) to record driving and crash data. We at Ali Law Group have the knowledge and experience to strengthen your case while properly providing a helping hand in guidance towards your treatment needs. It is the creed of our firm that every client is first, regardless of the severity of their case.
The types of damages that can be claimed in a personal injury suit vary widely depending on the individual case. Here is a run down of some common types of damages:
Economic Damages are considered objective damages that can be calculated based on what has been incurred as a result of an accident.
Non-Economic Damages are damages that are subjective in nature and can be calculated differently depending on the county your case is situated in. Some examples of non-economic damages are listed below.
Employers who allow drivers to drive the public roadways have a duty to employ competent drivers who follow the Texas rules of the road. Whenever a driver of a company vehicle crashes due to falling below a standard of care, a company can be held liable for various errors in management. Some areas where an employer falls below specific employment standards include negligent entrustment, negligent hiring, negligent retention, negligent training, and/or negligent supervision. A Defendant employer will face liability for the negligent torts of its employee if (1) a Plaintiff is injured as the result of a tort; (2) the tortfeasor was an employee of the Defendant, and (3) the tort was committed while the employee was acting within the scope of his employment. Baptist Mem’l. Hosp. v. Sampson, 969 S. W. 2d 945, 947 (Tex. 1998) (elements 1-3). A tort is committed while the employee is acting within the scope of his or her employment, and he or she was acting (1) within the employee’s general authority, (2) in furtherance of the Defendant’s business, and (3) for the accomplishment of the object for which the employee was hired. Minyard Food Stores v. Goodman, 80 S.W. 3d 573, 577 (Tex. 2002) (element 3); Mata v. Andrews Transp., 900 S.W. 2d 363, 366 (Tex. App. — Houston [14 th Dist.] 1995, no writ) (element 3). 49 C.F.R. § 390.5.
