Austin Truck Accident Lawyer
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Truck accidents often leave families facing overwhelming medical bills, physical injuries, and major disruptions to everyday life. When an 18-wheeler or commercial rig is involved, the damage tends to be severe. At Schuelke Law, we understand how quickly trucking companies move to protect themselves after a collision. We work just as fast, securing evidence, guiding injured clients through the process, and fighting insurance carriers that attempt to limit or deny valid claims.
Large truck collisions differ from ordinary vehicle crashes because they involve powerful corporate entities, complex regulations, and extensive investigative requirements. Victims deserve an Austin truck accident lawyer who understands these issues thoroughly. Our personal injury attorney combines decades of experience with detailed knowledge of federal and state trucking rules, giving clients meaningful support from the very beginning of their case.
If you or a loved one has sustained serious personal injuries from a tractor-trailer accident, please call us or fill out the form below to set up an appointment.
Each year, over 500,000 tractor-trailers or “semis” are involved in auto accidents. These trucking accidents often result in serious or catastrophic injuries or fatalities.
The causes of these accidents are varied.
A number of semi wrecks are caused by driver fatigue.
In many cases, truckers and trucking companies don’t get paid for downtime. Thus, there is an incentive for both truckers and the trucking companies to have the drivers drive as long and as hard as possible.
Federal regulations govern the number of hours that truckers are allowed to work, and the Federal Motor Carrier Safety Administration has developed a comprehensive set of rules setting limits on how long truckers can drive and how many hours they must be off the clock before returning to the road.
Federal regulations also require truckers to maintain logs that document the hours that they are working or not working. Sadly, in many cases, these records are altered, and some drivers even maintain two separate logs in an effort to drive more hours than the law allows.
But even if the driver follows the hours of operation regulations, there may still be problems with fatigued drivers. For instance, some drivers may not be up to driving the maximum number of hours allowed. Other drivers may have long commutes that are excluded from the hours of operation regulations, but which create an unsafe situation.
Sadly, there is a long history of truck accidents being caused by a truck driver abusing drugs or alcohol. Because of the nature of the problem, there are a number of regulations that try to limit the problem caused by drug and alcohol abuse.
A driver cannot have used alcohol within four hours of his shift, and a trucking company shall not allow a driver to drive if it appears that the driver has used alcohol within four hours of his shift. Similarly, a driver shall not drive having used a controlled substance, and a trucking company shall not allow a driver to drive if it appears that the driver has used a controlled substance, unless the substance has been prescribed by a physician.
Trucking companies must also have drug and alcohol testing policies in place. Initially, the trucking company must have the driver undergo a drug and alcohol screen prior to the trucker beginning work unless the driver has been tested in the prior six months.
At any point, if the trucking company has a reasonable suspicion that the driver has been improperly using alcohol or controlled substances, the trucking company must have the driver submit to another screen. Trucking companies must also provide training to supervisors to help them identify when a driver might have been improperly using alcohol or controlled substances.
A trucking company must also conduct random drug and alcohol tests on a percentage of its drivers.
Finally, truck drivers must be tested following certain accidents. Anytime there is a fatality, drug and alcohol testing is required. Additionally, screening is required in any wreck where the driver gets a citation, and there is an injury requiring immediate treatment away from the scene, or where the wreck causes “disabling damage” to any vehicle.
Trucking companies have duties to make sure that their drivers are qualified to drive. If the trucking companies fail to meet these duties, then the trucking companies may be liable for their conduct.
Trucking companies may be held liable for their own negligence if they engage in improper hiring. Federal law requires trucking companies to do certain types of background checks on their drivers’ history before the drivers are hired. If the trucking company fails to follow these requirements, it may be liable for negligent hiring. Similarly, trucking companies may have their own policies about hiring, and a negligent hiring case may be proven when the trucking companies fail to meet their own policies.
Similarly, trucking companies have an obligation to make sure that drivers stay qualified after they are initially hired. If the company doesn’t offer proper training to its drivers or if it continues to retain drivers after the drivers demonstrate that they’re not qualified to drive, then the injured person may be able to pursue a negligent training or retention claim.
Our Austin attorney could investigate whether negligence by the trucking company contributed to your big rig crash.
Trucking accident claims are not simply car wreck cases involving large vehicles. They are governed by complicated theories and require significant investigation. If your attorney does not have experience with tractor-trailer crash claims in Austin and treats your case like a regular car accident, they are likely not maximizing the value of your case.
The first part of a truck accident claim is similar to a car wreck claim. The initial question is, how was the driver negligent, and what did they do that fell below the standard of care? The answer to this question can take many forms. Perhaps the truck driver failed to yield the right of way, ran a red light, made an unsafe lane change, or rear-ended another driver.
The second issue is whether an employer has liability for the wreck. In most jurisdictions, if a company’s driver was negligent within the course and scope of his employment, then the company is also liable for the driver’s conduct.
Determining whether the trucking company has liability based on its own conduct is more difficult. For example, the company may be liable for the negligent hiring, training, or retention of a truck driver.
A trucking company may also be negligent for failing to properly maintain or inspect its vehicles. Additionally, a company may be responsible for encouraging unsafe driving practices. These are issues that differentiate truck accident cases from most car wreck claims.
The Federal Motor Carrier Safety Regulations (FMCSR) are a comprehensive set of rules that regulate the trucking industry. Most trucking accident cases involve one or more violations of the FMCSR.
Truckers are required to maintain commercial driver’s licenses (CDLs). Individual states have various CDL manuals that set out additional rules and regulations that truckers must follow. Again, most truck crash cases involve one or more violations of the applicable CDL manual.
Unlike regular car wreck cases, trucking cases can be very document-intensive. Trucking companies are required to keep extensive documentation to prove that the company and its drivers complied with regulations. Trucking cases often involve issues with documents being destroyed or going missing.
Our firm has devoted decades to representing truck accident victims across central Texas. We understand how to obtain driver logbooks, electronic control module (black box) data, maintenance records, and other critical documents that often determine the outcome of a case.
We work closely with accident reconstruction experts and trucking safety specialists to discover what happened, why it happened, and who is responsible. Because trucking companies and insurers often move quickly to protect themselves from liability, having an experienced lawyer involved early could make a significant difference in the strength of your truck collision claim in Austin.
Our lawyer could also take the time to understand your injuries and medical needs. A truck accident often leads to long-term physical limitations, ongoing treatment requirements, and substantial financial losses. We could help you pursue compensation for:
Our approach focuses on securing the most complete recovery available under state law.
Immediately following a truck-involved wreck, accident victims should call 911, seek prompt medical attention, and gather photographs or witness information if it is safe to do so. It is also important not to provide recorded statements to the trucking company or its insurer without speaking to an attorney first. These companies often attempt to use early statements against victims later in the claims process. Contacting an attorney as soon as possible after a semi-truck crash in Austin allows critical evidence to be preserved and protects your rights from the beginning.
If you or a loved one has been injured in a truck crash, an Austin truck accident lawyer at Schuelke Law is ready to defend you. Our team could listen to your concerns, explain your legal options, and help you hold negligent drivers and trucking companies accountable. Get in touch with us today.