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The term “No-Zone,” when talking about commercial trucks, refers to the areas beside and behind a commercial truck. In these areas, a trucker has very limited visibility. In some instances, he or she may have no ability to see vehicles in the right rear quarter of the truck, the left rear quarter of the truck and directly behind the vehicle for a short distance.
Although there are federal regulations and laws in place regarding this kind of a situation, some truckers still make the choice to drive while under the influence.
According to the law, commercial truckers are supposed to follow very strict laws while on the road. They are often required to submit to alcohol and drug testing. However, accidents involving a heavy commercial truck whose driver was intoxicated or high still happen frequently. In a personal injury lawsuit in situations like this, there are a number of individuals who may be sued for compensation for injuries, including the trucker, the truck owner, the employer, the owner of the trailer, the owner of the load of the trailer and possibly the mechanic who worked on truck. If you or a loved one was were involved in an accident involving a truck, contact Schuelke Law.
Discuss your case with an experienced personal injury and trucking accident lawyer to seek payment for your lost wages, pain and suffering, loss of earning capacity and other expenses. Should you choose to file a lawsuit, your attorney will review all potential damages that may be eligible for compensation and/or punitive damages.
A number of things that can constitute negligence when it comes to the actions of a truck driver in trucking accident cases. Commercial truckers are held to a higher professional standard.
In a truck accident, the driver, trucking company, truck owner, truck manufacturers, parts manufacturers and more can be held liable and negligent in a truck accident. The following factors can contribute to a truck accident:
Negligence is the main point to show in personal injury accidents, such as trucking accidents. Do not wait to hire a trucking accident attorney if you have been involved in a crash with a truck.
Truckers are held to a higher standard of due care and attention while driving because of the nature of the vehicle they are driving. An 18-wheeler is bigger, heavier and far more dangerous and deadly than a passenger vehicle. As a result, the driver needs to be more alert and aware at all times to their surroundings, weather, traffic and other external signals that may affect their attention and ability to drive.
Some examples of negligence include:
Although texting while behind the wheel of a truck is often a cause cited as being the reason for an accident, it is not the only reason for accidents involving trucks. Contributing to and the most common causes that result in a truck accident can include:
Those who do not drive a truck may not realize that commercial vehicles need a lot more time and distance to stop. For instance, if you are driving a regular vehicle, which weighs approximately 4,000 pounds or so, and you are doing 65 mph, you would need 316 feet to come to a full stop. However, if you were driving a tractor-trailer that can weigh up to 80,000 pounds, you would need at least 525 feet (or two football fields) to come to a stop.
In most truck accident case you could sue the trucking company. However, it is typically not “just” the trucking company that could be sued. There are often more named defendents in a truck accident because not all truckers own the truck they drive.
In truck accidents in Texas, the trucker/driver may be sued, and so can the truck owner, the lessor, if the truck is leased, the trucking company and company owner(s), the trailer owner, the person leasing the trailer, the load owner and even the maintenance mechanic. More defendents means more insurance on the table to negotiate a settlement or take the case to trial if necessary.
Trucking accident cases can take many months or even years to settle due to the complexity of each case. There are usually also jurisdictional issues that arise given that not all truck accidents involve a truck that domiciles in the same state as the accident.
We have dealt with truck accidents for decades and we’re here to help you through a complicated lawsuit. We also take care of dealing with the numerous insurance companies involved in a trucking accident. We collect all evidence and investigate the scene and provide an accurate estimate of the total value of your claim.
Each case is different and we outline the compensation you may recover depending on the nature and severity of your injuries as a result of being in a Texas truck accident. The first consultation is free.
What you can recover after a truck accident
Typically, you can recover for:
Expect nothing but a hard time attempting to claim compensation for your injuries. In the aftermath of an accident, the trucking company, truck owner and any involved insurance companies scramble to immediately conduct an investigation. The main goal of the investigation is to find as much information or proof to minimize their liability for the collision.
Most investigations involve a lot of highly personal, probing, invasive and detailed questions in the hopes you will make a statement about the accident that may incriminate you. They may want to record the statement and have you describe the injuries you sustained. Under no circumstances should you speak to a trucking company lawyer or to their insurance agent or agencies. They are hoping to garner information from you to use against you later. Anything you say will definitely be used against you later to dismiss, deny or diminish any claim you file.
Do not deal with insurance companies on your own. Make sure to reach out and connect with an experienced personal injury attorney with a track record in handling trucking accident cases.
Some of the more common contributing factors, or common causes of truck accidents include:
There are a large number of causes that may result in an 18-wheeler crash and they may include, but not be limited to:
There are several different rules and regulations relating to the usage of big rigs. Texas has specific laws for truckers and big rigs operating in the state. The Federal Motor Carrier Safety Regulations, also regulate trucks and help engage and coordinate interstate commerce. These federal rules are in depth and extensive. Some of the topics that affect companies and truckers on a federal level include:
State laws also exists for truckers and trucking companies to comply with to remain on the road. Most of those laws cover many of the same items laid out in the federal rules and regulations, and they may be found in Title 7 of the Texas Transportation Code.
Texas rules apply to commercial fleet registration, size and weight limits on state highways, issuing permits for oversized and overweight loads, and restrictions when large or super heavy loads are moved in the state. Texas has incorporated the vast majority of all the Federal Motor Carrier Safety regulations for intrastate commercial truck operations. The state also makes traffic regulations and rules for how vehicles are allowed to operate on state highways and byways. Additionally, Texas controls issuing commercial driver’s licenses to truckers working or living in the state.