Austin Truck Accident Lawyer

Austin Truck Accident Attorney

FIGHTING FOR THE LITTLE GUY ON THE ROAD

Any type of motor vehicle accident has the potential to cause life-changing injuries and expensive economic losses, but crashes involving large commercial trucks tend to be particularly damaging. If you or a family member was recently injured in such an accident, you need to speak with an experienced Austin truck accident lawyer at The Sharp Firm at your first opportunity.

With the number of large trucks on the roads going up every year, it is really no surprise that about 3,500 fatalities and 60,000 injuries occur annually due to accidents involving passenger vehicles and large trucks. If you or a loved one has been in an accident involving an 18-wheeler, semi-truck, tractor-trailer, or another extra-large vehicle, you need to contact The Sharp Firm at once. Trucking and insurance companies take accidents very seriously. They have a team of lawyers and experts standing by to build a case against you.

Proving Liability for a Truck Accident in Austin

Many trucking companies have tracking devices that record the truck’s speed and direction and travel logs that can be lost or destroyed if you don’t know how to protect your rights. It is very important to work with a truck accident attorney in Austin like The Sharp Firm that has experience in truck accident suits because they are significantly different than normal auto-accident cases.

Austin is the state capital of Texas and one of the busiest metropolitan centers of the state. Thousands of businesses across the area rely on commercial trucking, and drivers throughout the area encounter large trucks on the road every day, usually without issue. However, although truck accidents may be less common than passenger vehicle accidents, they can and do happen for various reasons, often with devastating effects.

There are many factors that need to be considered when dealing with this type of case, which doesn’t come up in normal accident situations. Some of these considerations are:

• Federal Motor Carrier Safety Regulations (FMCSR) – There are federal regulations and safe operating regulations that are in place for commercial truck drivers. Having an attorney who knows how to investigate to ensure these regulations were followed can be critical.
• Destruction of Evidence – The Federal Motor Carrier Safety Regulations (FMCSR) states that trucking companies may destroy evidence after keeping them for a certain period of time. It is extremely important you contact a lawyer so you can prove the trucking company was at fault.
• Hazardous Materials Regulations – Large trucks are often used to transport hazardous materials. If that is the case in your situation, understanding the state and federal regulations for the safe transportation of hazardous materials may be critical to your case.
• Hours of Service – Unlike normal car drivers, truck drivers are limited to a set number of hours driving per day to help avoid issues with fatigue and driver alertness. We’ll check the truck logs to ensure the driver didn’t violate these important safety regulations.
• Corporate Liability – The company that is running the truck may also be held responsible if they had negligent hiring practices, poor supervision, questionable truck maintenance, or other issues.

We will work hard to investigate your specific case and create the right arguments to take to court. In many instances, however, we won’t even need to go to court since the trucking company or their insurance provider will want to settle.

Some of the evidence that could be crucial to your case may not be available for very long. Police reports, photos of the scene of the crash, witness testimony, and digital evidence all must be recovered quickly in order to ensure the greatest chance of success with your case. Once you have received medical care for your injuries, you should reach out to an Austin truck accident lawyer at your first opportunity.

Building a Truck Accident Case in Austin

Most commercial trucks are very large and weigh much more than typical passenger vehicles. They also carry large trailers, meaning they are far less maneuverable than smaller vehicles and require more time and distance to slow down or stop to avoid a collision. Due to the size of these vehicles, accidents tend to be incredibly damaging.

In 2021, the Federal Motor Carrier Safety Administration (FMCSA) reported there were 5,904 large trucks and buses involved in fatal crashes, which was an 18% increase from the previous year. The National Safety Council reported in 2022 that large trucks accounted for 6% of all fatal vehicle accidents in the United States, and about 120,200 large trucks were involved in crashes that resulted in injuries in 2022.

The first challenge you face in the aftermath of a commercial truck accident is proving fault. You will need to gather evidence to prove the exact cause of the accident and show the full scope of the damages the defendant caused. Most truck accidents happen because of negligence behind the wheel. Fatigued or distracted driving, speeding, and moving violations such as failure to yield or illegal turns can easily cause severe accidents.

It is also possible for illegal acts to cause truck crashes. Intoxicated driving, refusal to follow FMCSA regulations, and aggressive driving could not only result in liability for the resulting damages but also criminal penalties. In these cases, injured plaintiffs may not only receive compensation for their damages but also additional compensation in the form of punitive damages awarded at the court’s discretion to punish a defendant for breaking the law.

Ultimately, however, your accident happened, it is crucial that you consult an experienced Austin truck accident lawyer at your first opportunity so they can start gathering the evidence you will need to establish fault for the accident. Some of this evidence may not be available for long, and witness testimony becomes unreliable with time. Starting this process as quickly as possible will significantly improve your chances of success with your case.

Filing Your Auto Insurance Claim for a Truck Accident

In Texas, all vehicle accidents are resolved based on fault. Whoever caused the accident will be liable for the resulting damages, and all drivers in the state are required to have auto insurance that meets minimum coverage requirements. When a driver causes an accident, their insurance policy can pay for the resulting damages. Truck drivers and their employers often have commercial auto insurance policies that provide substantial coverage.

Unfortunately, dealing with insurance companies is often challenging, as these companies will do everything they can to avoid paying out settlements. They may look for any justification they can find to deny or delay a claim, or they may attempt to assert that the injured claimant was actually responsible for causing the accident. Even when an insurance claim is successful in Austin, it may not fully cover the victim’s total damages.

When you hire an Austin truck accident lawyer to help with your case, they can negotiate for you with an insurance carrier. Your attorney can ensure your claim is handled in good faith and that you receive a fair settlement offer. Should any disputes arise, your attorney can handle them efficiently, and if insurance does not fully cover your losses, they can build a personal injury case.

Recovering Compensation With a Personal Injury Case in Austin

The goal of any personal injury case is for the injured plaintiff to obtain the compensation they need to be whole again after a defendant has injured them. The plaintiff must identify the party responsible for causing the accident, prove the manner in which they caused it, and then show that the defendant’s negligence or misconduct directly caused the damages cited in the claim.

The standard of proof for establishing fault in a civil case is a preponderance of the evidence, meaning the evidence needs to show that the defendant is more likely than not at fault for the damages. Working with seasoned legal counsel can dramatically improve your chances of successfully meeting this standard of proof and holding the defendant accountable for the harm they have caused.

If you are successful in proving fault in a personal injury case, it’s possible to claim compensation for any economic and non-economic damages you suffered because of the defendant’s actions. Economic damages are direct financial losses, such as your medical expenses, lost wages during your recovery, and lost future income if you are unable to return to work in the future due to the severity of your injuries.

Non-economic damages include pain and suffering. In Texas, an injured plaintiff has the right to claim financial compensation for physical pain and psychological distress they suffered due to a defendant’s negligence or misconduct. It may sound difficult to put this in monetary terms, but your attorney will know how to calculate appropriate pain and suffering compensation to seek from the defendant.

Most attorneys use their clients’ total economic damages as a starting point when calculating pain and suffering compensation. It’s common for a personal injury lawyer to multiply their client’s economic damages by a factor that reflects the overall severity of the harm they suffered. Generally, the more serious the plaintiff’s injuries, the more they obtain in pain and suffering compensation.

Resolving Your Personal Injury Case in Austin

The majority of personal injury cases filed in Austin are not resolved through litigation. This is a tedious, time-consuming, and expensive process, and the final outcome rests in the hands of the court. Instead, most personal injury cases are resolved through private settlement negotiations. During this process, the parties involved in the case meet privately to negotiate mutually acceptable terms for resolving the case.

Settlement negotiations unfold at the convenience of the parties involved. Both the plaintiff and defendant will have their respective attorneys present as the negotiations unfold. It’s important for both parties to be willing to compromise. The defendant may need to offer more compensation than they’d like in exchange for saving money on legal fees in protracted litigation. The plaintiff may need to settle for less than expected in exchange for expediency.

Having an experienced attorney representing you will make negotiations much easier. You will be more likely to resolve your case quickly, and you will be prepared to meet any unexpected challenges you encounter as your case unfolds. If you cannot resolve the case through settlement negotiations, your attorney can prepare you for litigation and make a compelling case for you in the courtroom.

What to Expect From The Sharp Firm?

When you choose The Sharp Firm to represent you in a truck accident case, you are investing in help from a team of dedicated legal advocates who have decades of experience resolving the most challenging personal injury cases on behalf of clients in Austin and the areas surrounding it in Texas.

You may have been hurt in a large truck accident on the MoPac Expressway, Highway 183, or Interstate 35, all of which are major routes for commercial trucks in the area. These accidents can happen very quickly, and the aftermath can be confusing and painful. While you should seek medical attention immediately, once you stabilize and are able to do so, it is crucial to consult an Austin truck accident lawyer at your first opportunity.

Our team can immediately begin gathering the evidence you will need to prove fault for your accident. Trust us to gather physical and digital evidence for you, identify key witnesses, obtain their statements, and accurately calculate the full extent of the damages you are eligible to claim. Trust us to guide you through the auto insurance claim filing process and/or build a compelling personal injury case for you if necessary.

Our goal for every client in every case is maximum recovery. Our team provides client-focused legal counsel, meaning we can take time to get to know you, listen to your story, and learn how your truck accident has impacted your life. You have a short time in which to file your case, so it is crucial that you reach out to The Sharp Firm as quickly as possible after your truck accident in Austin.

FAQs

Q: Who Is Liable for a Truck Accident in Austin?

A: It is possible for one party or multiple parties to be liable for a truck accident in Austin. These accidents commonly occur for the same reasons that all other accidents happen, such as distracted driving, speeding, and intoxicated driving. However, accidents can also happen when trucking companies are negligent in their hiring practices or if a commercial truck does not receive appropriate care and maintenance.

Q: How Do You Prove Fault for a Truck Accident in Austin?

A: It is possible to prove fault for a truck accident in Austin using various forms of physical or digital evidence. Your attorney can secure a copy of the police report of the accident and obtain statements from any witnesses who saw the crash happen. Digital evidence like cell phone records and vehicle computer data could also be invaluable, and you need to consult an attorney as quickly as possible so they can begin gathering this evidence.

Q: What Happens if a Driver Shares Fault for an Accident in Austin?

A: If a driver is found to share fault for their accident in Austin, this will result in them losing a percentage of their total case award under Texas’ modified comparative fault statute. As long as the plaintiff is less at fault than the defendant, they can still recover compensation, but the amount they receive will be reduced by their fault percentage. If you have any concerns that you bear partial liability for a truck accident, consult an experienced attorney right away.

Q: How Much Compensation Can I Claim for a Truck Accident?

A: The amount of compensation you can claim for a truck accident depends on the severity of your injuries. If you can prove a defendant is liable for causing the accident, they must repay any economic and non-economic damages you suffered because of their actions. Your recovery may include compensation for your medical bills, lost income, lost future earning capacity, and the pain and suffering you experienced.

Q: Why Should I Hire an Austin Truck Accident Lawyer?

A: You should hire an Austin truck accident lawyer to increase your chances of not only succeeding with your case but also maximizing your recovery. You are more likely to win a personal injury case when you have legal counsel you trust on your side, and your attorney can make dealing with insurance companies much easier. If you must file a personal injury case, your attorney can help you maximize your settlement or case award.

Contact Us

Any truck accident has the potential to cause devastating harm to those involved. When another party is responsible for injuring you in a vehicle accident in Austin, you have limited time to file your case; otherwise, you could miss your chance to claim compensation. If you or a loved one has been in an accident that involved a large truck, please contact us today. We offer a free consultation to discuss your case and see what the right course of action might be.