Littleton & Associates – Texas Personal Injury Attorneys
– 18 Wheeler & Trucking Accidents
Accidents that involve these types of vehicles are usually very serious injury producing accidents. Special attention should be paid in regards to these accidents because of the fact that many commercial insurance carriers have special investigative teams to go to the site of an accident quickly. It is very important to act quickly in these types of accidents because of the special investigative teams.
These types of accidents are covered in three general areas. Although the law concerning negligence in the operation of vehicles are much like that of passenger vehicles, their other special statutory considerations when commercial vehicles are involved.
Accidents involving vehicles that are used primarily by local companies for transport of their own products and services are considered commercial vehicles which require the drivers to have commercial vehicle driver’s license. This type of driver’s license raises standard of care regarding the operation of the vehicle.
The second types of commercial vehicle accidents are those that are involved in the transport of interstate commerce. These type of accidents acts that involve not only state regulations but also federal regulations concerning the driver and the vehicle. The driver’s log is very crucial. The commercial companies however are only required to keep the log for minimum of six months. Frequently the case involves several safety regulation violations at both state and federal statutory requirements.
The third types of commercial vehicle accidents are those in which the transport is only within the state of Texas boundaries called intrastate commercial transport. These accidents are regulated by Texas statutes. It is important had time to determine the type of commercial vehicle transport to determine the maximum limits of insurance covering serious accidents.
Recent Case Summary
Our client was traveling to work, a day laborer working at a construction site. He was required to be there before day break. An 18-wheeler was attempting to back up into a site. Our client collided with him head on. The driver of the truck failed to turn on his running lights. Our client couldn’t stop in time to avoid colliding him. On that day he sustained serious injuries and the insurance company denied his claim. We filed lawsuit and won. Experts were able to prove that it wasn’t possible for our client to have stopped in time. They argued that our client who is late into his 60’s, took longer to heal, that his ability to preform his daily task as a day laborer was impaired and that this accident would effect the quality of his life.
Tips for Trucking Accidents
Understand that in the insurance carrier is likely to deny liabilty as a go to defense.
Document everything. Evidence is key, as in every case and gathering those key pieces is important, such as data extraction from the trucks/car data recorder, police body camera footage, 911 transcripts for potential witnesses, etc.
Becareful what you say to the insurance company. Simple statements can be used against you.
This is your story and your right to have lived pain free. Represent it.