When an automobile collides with an 18-wheeler, the resulting injuries are almost always devastating and life-changing. Even when there is an obvious liability in a crash, there is still no guarantee that you will receive the compensation you need. Thankfully, there is help you can rely on for your compensation claim.
At Law Offices of Mark D. VanCleave, PLLC, we offer our clients aggressive representation in their injury claims. We do not let trucking companies and their legal teams bully us into accepting minimal settlement offers. Our process is to build your compensation claim by thoroughly investigating the collision and understanding what caused the accident. Then we fight tenaciously to protect your best interests and get you the compensation you deserve.
The Differences: 18-Wheeler Accidents Versus Car Accidents
18-wheeler accidents differ considerably from typical car crashes, often resulting in more serious consequences. The key differences are:
- Injury severity: Because of their size and weight, 18-wheelers often cause much more serious injuries or even fatalities compared to accidents involving only cars.
- Case complexity: These cases can involve many different parties, such as the truck driver, the trucking company, and sometimes even the manufacturers of the truck or its parts. This makes the legal process more complicated.
- Federal regulations: There are strict federal rules for 18-wheeler operations. These rules cover driver hours, vehicle maintenance, cargo loading and safety inspections. These regulations are far more comprehensive than those for standard passenger vehicles.
- Insurance coverage: Trucking companies usually have much larger insurance policies than individual car owners. This affects how insurance companies handle claims and the amount of compensation you might receive.
- Evidence gathering: Investigating an 18-wheeler accident requires specific trucking knowledge and resources. It’s important to collect and analyze specific evidence, like data from the truck’s “black box” and the driver’s logs.
- Damage to property and infrastructure: 18-wheelers need more space to stop and make wider turns, which can result in extensive damage to other vehicles and even roads or other structures.
These factors show why you need experienced lawyers for 18-wheeler accident cases. At Law Offices of Mark D. VanCleave, PLLC, we’ve handled many of these complex accidents and know how to address the challenges they bring.
What Causes 18-Wheeler Accidents?
While 18-wheeler accidents are not as common as collisions between two cars, they can cause much greater damage and involve more severe injuries. The Federal Motor Carrier Safety Administration reports that driver error is the leading cause of 18-wheeler accidents. Common causes of 18-wheeler accidents include:
- Fatigue: Over half of the accidents caused by driver error involved drivers who were fatigued and/or taking prescription or over-the-counter medication. Like alcohol, fatigue impairs judgment and reaction time.
- Distracted driving: This encompasses any activity that diverts a driver’s attention away from the road, including texting, talking on a cellphone, eating or adjusting the radio. Given the immense size and weight of 18-wheelers, even a brief moment of distraction can have catastrophic consequences.
- Speeding: Speeding reduces a driver’s reaction time, increases stopping distance and intensifies collision force. For 18-wheelers, these dangers are magnified due to their longer stopping distances and potential for greater damage.
- Driving under the influence: This refers to operating a vehicle while impaired by alcohol, illicit drugs or any substance that compromises a driver’s ability to drive safely by affecting coordination, judgment and reaction time.
Other factors such as mechanical failure or improper cargo loading can contribute to truck accidents. While 18-wheelers are highly regulated, that does not always prevent trucking companies from employing cost-saving tactics that ultimately make sharing the road with them unsafe.
Common Injuries After 18-Wheeler Crashes
Because of their massive size and weight, collisions with 18-wheelers often lead to more severe injuries than typical car accidents. These injuries can range from relatively minor to life-threatening or even fatal. Common injuries seen in 18-wheeler accidents include:
- Broken bones: The immense force generated in a collision with an 18-wheeler can lead to severe fractures in various bones throughout the body, including limbs, ribs or the pelvis.
- Spinal cord injuries: The violent impact of an 18-wheeler crash can cause significant damage to the spinal cord. These injuries often result in varying degrees of paralysis or loss of sensation.
- Traumatic brain injuries (TBIs): When the head experiences a sudden jolt or impact from an 18-wheeler collision, the brain can be bruised, stretched or torn. TBIs can range in severity from mild concussions to severe damage, potentially leading to long-term cognitive and physical impairments.
- Internal organ damage: The blunt force or penetrating objects involved in an 18-wheeler crash can cause serious injuries to internal organs such as the liver, spleen, kidneys or lungs, which can result in internal bleeding or organ dysfunction.
- Severe burns: In some 18-wheeler crashes, particularly those involving fuel, fires can erupt, or contact with hot surfaces or chemicals can lead to severe burns. These injuries can be extensive, incredibly painful and necessitate specialized medical treatment.
The force of impact in these crashes can also lead to soft tissue injuries, such as whiplash or severe muscle strains, which, while not always immediately apparent, can cause intense pain and disability over time.
Who Is Responsible For Your Injuries After A 18-Wheeler Accident?
In 18-wheeler accidents, the driver of the truck may be liable for your injuries. However, trucking companies may also be liable and pay damages for your injuries. Damages can include compensation for physical, emotional and financial losses that were caused by the accident.
Law Offices of Mark D. VanCleave, PLLC, can help you get the compensation you deserve in order to help you pay for your injuries and their follow-up care. Call us at 281-303-8800 or complete this online form for a free consultation.
Your Next Steps After An 18-Wheeler Accident
After an 18-wheeler accident, taking the right steps can greatly affect both your health and any potential legal claim you might have. Here’s what you should do:
- Seek medical attention immediately
- Call the police
- Document the scene. Photograph the damage to all vehicles involved.
- Gather the truck driver’s company and insurance information
- Don’t admit fault
- Do not give a statement to the trucking company adjuster
- Contact your insurance company
- Seek follow-up medical care
- Keep medical and other expense records
After taking these initial steps, call our firm. An 18-wheeler accident lawyer can protect your rights and guide you through the often complex legal process.
Frequently Asked Questions About Truck Accidents In Texas
At Law Offices of Mark D. VanCleave, PLLC, we understand you’re likely feeling overwhelmed and have many questions. Here are some of the most common concerns our clients share with us after a truck accident:
What is the statute of limitations for truck accidents in Texas?
In Texas, you can file a personal injury suit two years from the date of the accident. While this may seem like a long time, it can pass quickly, especially when dealing with injuries and recovery.
How much is my truck accident case worth?
Every case is unique, and the value depends on factors like the severity of your injuries, medical expenses, lost wages, and pain and suffering. While we can’t guarantee a specific amount, your life has been turned upside down. We can help set it right.
How is fault determined in a truck accident?
Determining fault in a truck accident means looking at many different pieces of the puzzle. This includes investigating the accident scene, reviewing police reports and, sometimes, consulting accident reconstruction professionals. It’s a complex process, but our experience helps us put all the pieces together.
Why do I need a truck accident lawyer?
Truck accident cases are far more complex than typical car accidents. You’re up against big trucking companies with teams of lawyers. You need someone in your corner who understands complex trucking laws and regulations. Mr. VanCleave can advocate for your rights and your future.
Why should I get an attorney for a truck accident?
A personal injury attorney with experience in 18-wheeler accidents can make all the difference in your case. We know the tactics insurance companies use to minimize payouts. We understand the complexities of truck accidents. Most importantly, we allow you to focus on healing while we handle the legal battle. You’ve been through enough – let us shoulder this burden for you.
You Need Help Figuring Out An 18-Wheeler Accident
If you or someone you love has been injured in a collision with a commercial truck, reach out to Mr. VanCleave, a lawyer who has the experience and knowledge needed to gather the evidence about a car or truck accident necessary to bring an effective injury claim.
Call 281-303-8800 or use our website to set up your free consultation in our Baytown, Texas, office. We welcome inquiries from people throughout Harris County, Chambers County and beyond. Clients from communities such as Highlands, Crosby, Channelview, La Porte, Liberty, Dayton, Mont Belvieu and Anahuac can start getting help today. We offer service for personal injury cases on a contingency basis. You only pay if we recover damages.