Semi trucks and other commercial vehicles think they rule the road, often with disregard for motorcyclists and others in smaller vehicles. Many commercial truck drivers are sadly overworked, tired or distracted – and cause injury when they collide with others on the road.
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Have You Seen ‘The Attorney That Rocks?’
David Komie is an Austin-based truck accident attorney who fights to get money for those who have been injured by reckless truck drivers. You may have seen him on billboards across town. He’s not your typical injury attorney. He sports dreadlocks and plays in a rock band. He’s known as the attorney who rocks. David is cool, approachable and accessible.
But you’re probably wondering whether he’s really a good attorney or just says he’s the one?
Common Causes Of Truck Accidents In Travis County
There are dozens of common reasons why 18-wheel accidents occur. The lawyers at David Komie Law help injured people get money after truck accidents caused by:
- A driver’s exhaustion
- A driver’s failure to pay attention behind the wheel
- A truck’s brake failures or other mechanical issues due to failure to inspect and repair the vehicle
- Mechanical issues due to truck manufacturer negligence
- A driver driving intoxicated
- A driver who is found speeding in high-traffic areas of town
- A truck’s cargo problems – loads that are too heavy, unbalanced or improperly secured
- Inexperienced drivers who were not properly trained or supervised by the trucking company
David really is a good attorney. He has recovered hundreds of thousands of dollars for musicians, music producers and others who have suffered brain injuries, broken bones and other serious injuries in truck wrecks.
Drowsy/Fatigued Driving
Truck drivers regularly adhere to extremely tight deadlines in order to make a living. Whether a trucking company is placing added pressure on a driver to deliver the cargo on time or a driver wants to make extra money by arriving earlier than planned, a truck driver who hasn’t had the appropriate amount of sleep poses as a dangerous threat. Since the maximum weight semitrucks can carry is 80,000 pounds, negligent actions of a driver operating such a heavy vehicle can cause severe injuries, even death.
The National Highway Traffic Safety Administration estimates that fatigued driving was associated with 72,000 collisions, 44,000 injuries and 800 deaths in 2013. According to the National Sleep Foundation’s 2005 Sleep in America poll, 60 percent of adult drivers admitted to driving a vehicle while feeling drowsy, with more than 37 percent who have actually fallen asleep.
Warning signs of fatigued driving include:
- Difficulty remembering the past few miles driven
- Drifting lanes
- Hitting a rubble strip on the side of the road
- Inconsistent acceleration and deceleration
- Missing an exit
- Yawning or blinking frequently
Maintenance Failures
Trucking accidents happen for a number of reasons. Many people believe driver error is behind most of these incidents, but maintenance issues actually contribute to many of them as well. Federal law requires that commercial trucks be properly maintained. This means that trucking companies are supposed to make sure their vehicles are inspected according to specific schedules and removed from use until any problems are fixed. Drivers are also supposed to regularly inspect their rigs.
All truck components can break at any time, however, certain parts are more prone to failure than others — especially if they are not maintained properly. The components most prone to failure are:
- Brakes
- Lights
- Mirrors
- Tires
Without functioning lights and mirrors, truck drivers lose their ability to see others around them. Without properly functioning brakes, truck drivers lose their ability to stop or slow for traffic. When tires blow or come off semitrailers, truck drivers may lose control of their vehicles resulting in accidents. Or, the tire debris may hit passing cars. Our law firm has experience investigating whether maintenance failures contributed to trucking accidents.
Overloading
Semitrucks and tractor-trailers are already considered dangerous because of their massive weight and size. However, they can become even more dangerous when they are improperly overloaded with cargo. When a truck is overloaded, it can easily result in a devastating crash that may severely injure or kill other drivers, passengers and even pedestrians.
Overloaded trucks typically struggle in regard to steering, taking longer to slow down and decreasing the amount of time to adequately react to road conditions in a timely, safe manner. A truck can legally weigh a maximum 80,000 pounds, which can still pose a significant risk to other motor vehicles. According to studies, a fully loaded 80,000-pound truck is twice as likely to be involved in a fatal collision compared to a truck that weighs only 50,000 pounds.
Common signs that a truck is overloaded include the following:
- The cargo is stacked over the top
- The cargo is bulging over the sides
- The truck’s suspension springs are compressed
- The truck experiences difficulty maneuvering
- The truck struggles to slow down
Common Types Of Truck Accidents
Truck accidents come in many forms, all of which are terrifying for occupants of a passenger vehicle. These are some of the common ones we see.
Runaway Trailer Accidents
As soon as a trailer becomes disconnected from the tractor cab, a collision with a runaway trailer can result in serious injuries and fatalities. In this type of truck accident, a trailer that is rolling or skidding out of control can endanger anyone or anything in its path.
Equipment malfunction is typically to blame for runaway trailer situations. Cargo trailers may possess insufficient breakaway cables and chains. Regular inspection and maintenance by truck operators and commercial trucking mechanics are the only ways to prevent these accidents from happening.
In other instances, trailers may become disconnected from inclement weather or road conditions, such as large potholes and rocks on the road. Lastly, operator error can be a cause of a runaway trailer, where a driver fails to connect the truck and trailer together in a proper manner.
Jackknife Accidents
Jackknife accidents occur frequently in the commercial trucking industry. Victims of a truck accident that results in a jackknifing scenario often suffer catastrophic injuries, and even fatalities. If you have been injured after being involved in a jackknife accident with a negligent driver, it is imperative to get skilled and reliable legal help from a qualified Austin injury lawyer.
A jackknife truck accident occurs when an 18-wheeler or semitruck skids and causes the trailer to swing out in a way that it resembles a jackknife. This type of accident is usually caused by sudden braking, which causes a trailer to either skid out of control or rollover.
Common causes of jackknife truck accidents include:
- Sudden braking on slick, wet roads
- Sudden braking while driving at high speeds
- Uncontrollable acceleration
- Improperly adjusted brakes
- Improper downshift
- Mechanical failure due to lack of inspection or maintenance
- Under trained and inexperienced drivers
How Negligent Hiring Practices Result in Truck Accidents
Negligent hiring means the company hired someone to drive a commercial truck when the company knew or should have known the driver was not qualified. In many cases, trucking companies lower their standards due to a need of drivers to haul freight and meet deadlines. This potentially leads to dangerous drivers operating some of most massive vehicles on the road.
The following are common signs that a truck driver may be an unqualified hire:
- He or she does not have the proper commercial driver’s license (CDL) or endorsement for a specific type of vehicle
- He or she has a history of causing accidents and/or injuries
- He or she has a history of driving under the influence (DUI) by alcohol or drugs
- He or she has traffic violations on their driving record
How Long Do You Have To File A Truck Accident Claim In Austin?
If you have been hurt in a crash with a large truck in Austin, you only have two years from the date of the accident to take legal action. This is Texas’s time limit for personal injury cases, and if you miss it, you will likely lose your right to compensation.
This rule does not just apply to 18-wheelers. Many types of big commercial vehicles fall under the same category, including:
- Delivery trucks like UPS, FedEx and Amazon vans
- Dump trucks that carry gravel, sand or waste
- Construction vehicles, such as cement mixers and flatbeds
- Buses, including school buses and city transit
- Tanker trucks, especially those hauling chemicals or fuel
- Garbage trucks that make daily neighborhood rounds
- Tractor-trailers and other long-haul freight trucks
Accidents involving these vehicles often lead to serious injuries, and the companies behind them move fast to limit their responsibility. Therefore, injured victims need to speak with an attorney as soon as they can.
Types Of Compensation Claims After A Truck Accident
Getting into a crash with a commercial truck can leave you with more than just a totaled car. If you are injured, you may be able to recover money to help get your life back on track.
Here are the types of compensation you might be eligible for:
Economic damages cover direct financial losses like:
- Medical expenses: Hospital bills, future treatments, therapy, medication, rehab or adaptive tools
- Lost wages: If you missed work or cannot return to your old job
- Loss of future income: If your ability to earn has changed
- Property damage: Repairs or replacement for your vehicle and belongings
- Out-of-pocket costs: Like paying for rides to doctor visits or modifying your home
Noneconomic damages reflect the personal toll of the accident, such as:
- Pain and suffering: Physical pain and emotional distress
- Loss of enjoyment of life: If you cannot do hobbies or daily tasks
- Disfigurement or lasting injuries
- Loss of companionship: For spouses in serious injury or death cases
In rare cases, punitive damages may be awarded. These damages, also known as exemplary damages, are only allowed when the victim can prove that the driver or company acted with fraud, malice or gross negligence.
Texas limits punitive damages to $200,000 or twice the amount of economic damages, plus up to $750,000 in noneconomic damages, whichever is greater.
Lost A Loved One? David Can Help.
Sadly, truck accidents often result in death. The nature and size of a commercial vehicle are no match for someone on a motorcycle or passenger car. Families who have lost a spouse, child, brother or other relative are left wondering: Now what?
David can help you recover money, both for your losses and losses on behalf of your loved one. David leaves nothing on the table. He has recovered money for others in similar situations. He can help you.
Frequently Asked Questions About Austin Truck Accidents
Following a car accident, uncertainty may arise about obtaining financial recovery from insurance companies. Rely on an experienced accident injury lawyer to get the best expert answer for your guests to build a strong claim.
What types of injuries can you get after being hit by a truck?
In Austin, being hit by a truck can result in different injuries, varying in severity. Common injuries include whiplash, fractures, spinal injuries and head trauma. Due to the sheer size and force of trucks, pedestrians and occupants of smaller vehicles may experience severe injuries such as internal organ damage or limb injuries. Psychological distress is also common.
What should I do after a truck accident?
After a truck accident, take the following steps to protect yourself and your legal rights:
- Check for injuries and move to a safe location
- Seek medical help promptly since some injuries may not be immediately apparent
- Contact law enforcement to report the incident
- Collect contact and insurance details from the truck driver and other parties involved
- Document the scene by taking photos of the accident, vehicle damage, and any relevant road signs or signals
- Gather contact information from witnesses
- Refrain from admitting fault or making statements that may be used against you later
- Inform your insurance company promptly
- Consult a skilled car accident attorney to help with the above mentioned steps
Seeking legal advice from a skilled truck accident attorney can help you know your rights and explore potential compensation for your truck accident claim.
What is the average settlement for a semi-truck accident in Texas?
The reality is there’s no standard settlement for truck accidents in Texas. The specific details of the incident uniquely influence each 18-wheeler accident settlement. While certain factors may be within your control, others are not. Understanding these distinctions is crucial, and working with an attorney can enhance your possibilities of securing a fair settlement.
How do you know if you have a truck accident case?
There are several factors to examine. First, consider whether the truck driver or another party was at fault. A fault might be easy to establish if the driver was speeding, driving recklessly or violating traffic laws when the crash occurred.
Additionally, if you suffered injuries or property damage as a result of the accident, you might have a case. It’s also important to consider the impact of the accident on your life, including medical expenses, lost wages, and pain and suffering.
The lawyers at David Komie Law offer free consultations, where they can help you understand the specifics of your situation and the potential for a successful claim.
Which parties may be held liable for a truck accident?
In a truck accident, multiple parties may be held liable. The truck driver is often the first to be considered, especially if they were negligent or violated traffic laws. The trucking company may also be liable, particularly if they failed to maintain the vehicle properly or required the driver to work long hours, leading to fatigue. Other parties that could be held responsible include the truck manufacturer if a vehicle defect contributed to the accident, or a third-party maintenance provider if improper repairs were a factor.
By identifying all liable parties, your attorney can help you seek full accountability and maximize available compensation.
How do you determine liability in a truck accident?
Determining liability in a truck accident involves a thorough investigation of the incident. Some common investigative steps include:
- Gathering evidence such as police reports, witness statements and any available video footage
- Analyzing the truck’s black box data to determine the vehicle’s speed and braking patterns at the time of the accident
- Consulting experts who can examine the truck’s maintenance records and the driver’s logbook to check for violations of safety regulations
Investigating a truck accident can be time-consuming and complex, but the effort is well worth making. By piecing together this information, it’s possible to identify which parties were responsible for the accident and build a strong case for compensation.
Learn About What You Could Recover – Free Consultations And No Fees Unless You Win
You’ve been through enough hardship. Working with an attorney shouldn’t be an additional source of stress. At David Komie Law, pursuing justice after a truck accident is easy and no-risk. The firm offers free consultations and takes all cases on a contingency fee basis. You pay nothing up front, and you don’t owe any legal fees until and unless the attorneys help you recover compensation.
You have questions. David has answers. In Austin and throughout Travis County, call 512-338-0900 or send an email to set up a free meeting.