TRUCK ACCIDENTS - TAYLOR LAKE VILLAGE, TX

Taylor Lake Village Truck Accident Attorney

Large trucks and tractor trailers are part of our local landscape, both on the interstate and on local roads. Most of these big rigs go unnoticed, that is, until they are operated without proper maintenance of by drivers who are inadequately trained, fatigued, or negligent, and cause serious or fatal injuries to an innocent motorist. At West & West, our truck crash lawyers understand the difficulties that can arise after a truck accident.

When fully-loaded, these semis and 18 wheelers are heavy, weighing up to 80,000 pounds. That kind of weight on a truck means trucks do not accelerate or brake as quickly as a car. The semis and 18-wheelers are not the only trucks that Taylor Lake Village drivers need to worry about. Our local roads are full of smaller, yet just as deadly, trucks including garbage, local delivery, food, fuel and mail trucks, all of which can cause devastating injury and damage when colliding with a passenger vehicle.

Our Taylor Lake Village truck wreck lawyers have witnessed the injuries and damages resulting from a truck wreck and understand the struggle victims may face in trying to recover compensation for their losses. We are dedicated to seeing that truck accident victims are treated fairly and are adequately compensated. The insurance company for the truck that causes a wreck will immediately begin their own investigation, and try to come up with reasons why they should not pay. You need experience on your side. Our truck crash lawyers provide free consultations. Once retained, we will conduct an investigation on your behalf, and will gather the evidence necessary to prove your case so that you can concentrate on your recovery.

Our Experienced Team of Taylor Lake Village Truck Accident Lawyers

The best way to protect your rights after a wreck with a tractor trailer truck is to get help from an experienced truck accident attorney. At West & West, our Taylor Lake Village truck crash attorneys have been helping injured victims and family members since 1992. Our attorneys are here and ready to help you to pursue a truck accident claim and recover your damages for medical costs, lost wages and pain and suffering.

Partner Michael West is the lead truck wreck attorney at West & West. He has been successfully handling personal injury claims against large trucking companies and their insurance carriers and is well versed in the Federal Motor carrier Safety regulations which may affect your claim. “If you or a loved one was injured due to a truck driver’s fault, filing a claim with the truck’s insurance company can be a difficult, lengthy process. Many of these truck drivers are self-insured or insured out of state. Locating applicable insurance coverage can only add to the stress. In addition, the commercial insurance companies or large self-insured haulers employ teams of claims handlers to delay and keep you from the compensation you deserve. Do not wait to call my office for a free consultation”, said Attorney Michael West.

Common Causes of Taylor Lake Village Truck Accidents

Many times, crashes with a tractor trailer happen due to the very nature of those vehicles; their size and weight prohibits them from accelerating, steering, and stopping the way a car does. Other frequent causes of truck accidents include:

• Inadequate truck driver training
• Distraction from cell phone, eating or passenger
• Alcohol or drug use while operating a truck
• Exhaustion due to long hours on the road
• Improper maintenance
• Insufficient safety devices
• Excessive speed
• Inattention to weather and road conditions

According to federal law, truck drivers can operate a truck for a maximum of 11 continuous hours, but then must rest for 10 hours before getting back behind the wheel. That means a truck can be on the road for 60-77 hours in a seven-day week. After two and a half days of rest, a trucker can start their week at zero hours. These laws were established because driver fatigue is one of the leading causes of serious truck wrecks. Many truckers will break these rules in order to keep their job, make more money, or meet demanding delivery schedules. A driver’s log may be the most important piece of evidence in your case.

Federal Motor Carrier Safety Regulations

When prosecuting a trucking accident in Texas our lawyers will look into all aspects of the companies employment practices. The FMCSR govern the hiring process and requirements, annual safety reviews on the drivers, Inspection and Maintenance requirements for the tractors and trailers, 1) the number of hours the driver can safely drive, 2) alcohol and drug use testing, 3) what safety equipment and procedures to use in the event of a break down and 4) how long the trucking company must retain their records.

If the company is in violation of the federal regulations it could significantly improve the chances of successful litigation, especially in disputed cases. An examination of each requirement is the best practice for a Texas tractor trailer attorney.

I. The Hiring Process:

Under Section 391.21 A trucking company is required to maintain a document called a driver qualification file. Each employer is required by law to inquire into each prospective employees:
a) prior driver’s licenses;
b) the applicant’s experience;
c) A list of all crashes in the prior three years and any injuries it caused;
d) A list of all traffic tickets for the past 3 years;
e) A explanation of prior license suspension;
f) A list of the prior employers for the last three years including the reason for leaving;
The company has to contact prior employers to verify whether the driver had safety or substance abuse issues. Further the company is required to send a request to the department of motor vehicles for a three year prior driving history and this request has to be refreshed every year on the anniversary of the driver’s hiring.

The trucking company is required to give the truck driver a medical exam. This is to ensure that the prospective drivers health does not pose an unnecessary risk to the public at large.

II. Annual Safety Reviews

Under §391.25, a trucking company is required to make an annual review the trucker’s record including:
(a) Request the driving record from the DMV for each driver, specifically looking for motor vehicle accidents;
(b) The company must conduct a review with each driver going over their driving record;

III. Inspection and Maintenance

§396.3, states that “…every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles…” The findings of any inspection must be recorded and maintained for at least one year.
Prior to the operation of any tractor trailer the driver is tasked with a pre-trip inspection. Further §396.11 requires the Driver to prepare a report in writing at the completion of each day’s work on each vehicle operated. The report must cover any issue with the brakes, lighting, reflectors, steering, tires, wipers, mirrors, and emergency equipment:

According to the National Highway Traffic Safety Administration (pdf) – the federal agency responsible for tracking highway collision data – 5,005 people were killed in the United States in 2019 in large truck crashes, and 159,000 people were injured.

How to Recover the Damages You’re Entitled to?

Call our office to speak with one of our dedicated and knowledgeable Taylor Lake Village truck accident attorneys to learn about your rights and options as they pertain to your specific case. We understand that every case is different. We will listen to the facts of your case and explain your rights based on the type of truck wreck and loss that you or a family member has suffered. Your consultation is free and confidential. Many victims of truck wrecks are dealing with high medical bills, daily medical treatment, lost income, property damage, emotional distress and pain and suffering. If you or someone you love was involved in a truck wreck and the truck driver was a fault, West & West can help.