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Yes, large truck cannot stop on a dime. Trucks need, approximately, 525 feet or more to come to a halt. In other words, it takes at least the length of 2 football fields for trucks to stop. Commercial trucks take so long to stop because they are large and heavy. A truck can weight up to 80,000 pounds.
Passenger vehicles are much lighter and weight a couple thousand pounds. Due to their lighter weight it takes an automobile about 316 feet to stop.
One should NOT talk to the trucking company’s lawyers or to any of the multiple insurance companies also usually involved after a trucking accident. Instead, refer all such calls to one’s attorney. One should not say anything else, as even harmless conversation can be used later to attempt to limit one’s compensation.
Another point to remember is to NOT sign any papers without first talking to one’s attorney. Signing something without fully understanding it and its ramifications is unwise, and may ultimately lead to a limiting of one’s compensation, or it could cause one’s claim to be denied or having to waive one’s rights to compensation.
Yes, the truck driver may be held responsible for driving while fatigued. The Federal Motor Carrier Safety Administration deals with that issue in their hours-of-service regulations.
According to those rules and regulations, truck drivers are only permitted to drive for a specified amount of time and they must keep a detailed log of the hours they drive. Currently, drivers are mandated to take a 10-hour break between each 14-hour shift.
However, this does not always happen and there have been instances of truck drivers keeping two sets of log books. Fatigued drivers can be held responsible for any accidents, injuries or deaths if they drive while fatigued. If the trucker’s employer urged them to violate the Federal Motor Carrier Safety Administration hours-of-service regulations, they may also be held responsible for an accident.
In Texas, even if you are found to be partially responsible for your accident, you may still be able to recover compensation. Your attorney needs to know all the facts of the case in order to give you a good idea of where you may stand legally should you file a lawsuit and what compensation you may obtain based on the percentage of your liability.
Our roads are full of trucks transporting goods from one end of the country to the other. It’s necessary for both consumers and businesses. Hundreds of big rigs are on the roads daily bringing various items to market ranging from new cars to dog food, lumber to tractors and fresh vegetables to oil. Given the number of semis on the road today, it is no wonder the accident statistics are dismal.
In the United States there are over 500,000 accidents involving trucks every year. There are a variety of reasons why tractor-trailer rigs get into accidents. Some of them include, but are not limited to:
It does not matter who treated your injuries or how minor they may seem. Even if an injury looks and feels minor, internally, it may be something much worse than you may think. This is why you should go to a doctor immediately after an accident. Keep in touch with the physician and report any other complications that may turn up later. Often injuries received in a car or truck accident will manifest days or weeks later.
Be aware that if you do not seek medical attention and have a record of all aid received, treatments and possible rehabilitation, the other driver’s insurance company is going to see that in your medical records. The other driver’s insurance company wants to figure out if you were hurt in the accident or if your injuries were pre-existing. Remember that an insurance company would rather not pay out on a claim, or not pay out as much as you deserve. This is why you need an experienced and skilled car accident attorney to help you navigate your way through the nightmare of a personal injury insurance claim.
Truckers are regarded as professionals and as such they are mandated to take specific training to get and keep their commercial driver’s license. In Texas, they must also follow state and federal regulations at all times. If a trucker/trucking company is in violation of those rules and regulations, settlements and jury awards tend to be higher.
Insurance policy limits for commercial vehicles are higher than the $30,000 Texas minimum coverage applicable for passenger car insurance. This means there is likely more funds available to fairly compensate a victim for injuries sustained in a trucking accident.
A detailed accident investigation by an experienced trucking accident attorney may reveal the trucking company who hired the driver had profits in mind and not public safety. This would go toward proving liability which would make the truck company wholly or partially responsible for the accident.
No, do not give the other drivers insurance adjuster or agent any information about the wreck. Insurance companies are notorious for getting information from victims and then using it against them later. They twist the version of what you said and make it suit their narrative to try to reduce or deny any claims.
What many people do not realize is that in the aftermath of a truck accident, most companies have a team of attorneys on the way to the crash site. The investigators and company representatives spring into action to protect the truck driver. They are not there to take care of you or your family. They are there to find any reason they can to deny your claim or reduce it as much as possible. They try to get statements from those injured in the crash in the hopes those injured provide them with something they can use to diminish the claim. They strive to get a discounted claim approved.
Getting a discounted claim is counterintuitive in a truck accident case, as those injured in such a crash often have very serious injuries that require surgery, hospital stays, rehabilitation and so forth. If the injuries are serious enough, you may require medical care for the rest of your life. Taking a lowball offer from an insurance company would not cover your medical bills for the duration.
In essence, trucking companies and their representatives are not trying to help you get a good settlement when they contact you after the crash. Tell them to speak to your lawyer and if you do not have one when they first call, simply tell them that your lawyer is going to call them, and then hire an experienced trucking accident attorney.
No, do not take them up on their offer. They are not trying to help you. They are trying to settle the matter for as little money as possible. This does not benefit you if you have a long recovery ahead of you. It is not their job to take care of you or your family. Instead, they aim to reduce any claim arising from the crash. They do not want to pay out what a claim may be worth because their goal is to make money, not spend it.
There have been cases where a truck company insurance adjuster contacted victims right after the crash and before the survivors had a chance to speak to a lawyer. Usually, they are striving to get a statement from you to limit future testimony about the crash and/or are attempting to get you to take a lower amount of money. Do not make any statements. Do not sign anything. Do not answer their questions. Speak to an experienced trucking accident attorney immediately, if not sooner. Protect your legal rights in the face of insurance company intimidation.
Commercial vehicle crashes often result in extremely serious injuries and may also be fatal. The injuries sustained by survivors are more serious due to the weight of impact by a very large vehicle. This results in more serious injuries, possibly even catastrophic ones, more surgery is possible, more medical expenses, and an uncertain outcome. Put another way, your future medical costs may be extremely high for you to live as best as you can with a new normal.
If a trucking company can get you to settle fast and for a low amount, this means they reduce their exposure for medical bills that may be incurred in the future. If you were injured badly enough that it upended your whole life, you are going to need care on an ongoing basis. This is not inexpensive and why insurance companies would rather get an early settlement for a low amount. They are not interested in your well-being. They are interested in their bottom line.
Sign nothing. Say nothing. Refer insurance companies and their attorneys to your lawyer. Do not take the first settlement offer. Discuss it with your attorney.
The reference by your wife’s attorney to a runaway truck means a big rig that has lost the use of its brakes while going down a hill. Larger trucks that are heavily loaded tend to have more issues with their brakes malfunctioning when stressed by repetitive use on steep hills. You may have seen runaway truck ramps at the bottom of very steep grades, heading upward and typically filled with gravel or sand to stop the truck and keep them from harming other drivers.
A runaway truck with bad brakes can often form the basis of a personal injury lawsuit. The defendant’s negligence may include failure to control the vehicle’s speed, failure to properly maintain the vehicle, a company’s failure to supervise or train the driver, and a claim that the company was negligent in its hiring of the driver.