Truck Accidents

FCHC – Serving Truck Accident Victims in Texas, New Mexico, and Beyond

For a free consultation about your case, please contact one of our locations. We have offices in Odessa, TX, Albuquerque, Hobbs, NM, and Lubbock, TX.

Truck accidents are among the most devastating cases we see.

More often than not, those in cars end up with serious life-threatening injuries.

The same can be said for pedestrians, cyclists, and motorcyclists.

If a careless truck driver fails to see them when changing lanes or otherwise hits them, the crash can easily be severe.

In many cases, the trucker behind the wheel is less likely to have serious injuries than the other party.

When an auto accident case involves serious injuries, it becomes imperative to have a skilled personal injury lawyer manage your claim.

The truck accident attorneys at FCHC can help manage your claim and ensure that you get fair compensation for your injuries.

Maximize Your Compensation in a Truck Driving Accident

Truck driving accidents often present victims with serious injuries. They can include:

• Traumatic brain injury,
• Spine and neck injury,
• Burns,
• Paralysis,
• Internal bleeding,
• Organ damage, and
• Whiplash.

In some cases, people die. It’s important to remember that you’re only going to get one chance to collect for your injuries. You’ll want a team of attorneys on your side who make certain that the truck driver’s insurance company honors your claim.

What am I Entitled to in a Truck Driving Accident?

If a truck hits you, the trucking company’s auto accident insurance covers the claim. Since auto accidents are personal injury lawsuits in New Mexico and Texas, you are entitled to all of the same damages you would in any other personal injury case. That includes:

• Medical expenses,
• Property damage,
• Lost time from work or wages,
• Loss of employability,
• Pain and suffering (this includes emotional trauma),
• Loss of enjoyment,
• Compensation for permanent impairment,
• Compensation for disfigurement.

What Happens after a Truck Accident?

As soon as a truck accident occurs, the truck company dispatches their own investigators to detail what happened at the scene. You need someone on your side who will do the same. If you’re in a position to do so, you should take pictures of the accident scene immediately. Your attorneys will collect eyewitness accounts, police reports, and any other evidence necessary to help you make your case and collect for your injuries.

What’s Different About Truck Accident Cases?

Truck accident claims are different from regular auto claims for several reasons. Commercial trucking companies have ample insurance policies and legal teams to fight claims. These cases involve multiple parties: the truck driver, trucking company, maintenance providers, and cargo loading companies. They are detailed and require attorneys to investigate every detail of the incident and understand the federal and state regulations that govern the trucking industry.

Trucking Rules that Attorneys Review in Truck Accident Cases

Your attorney will investigate your truck accident case thoroughly. They’ll review the trucking rules in force to see if a liable party broke the rules. If not followed, the following regulations may prove liability in a truck accident case.

Hours of Service Rules 

Commercial truck drivers follow strict rules regarding driving time. When on duty, drivers must drive 11 hours within a 14-hour period and take a 10-hour break for off-duty time.

Drivers also follow a 60/70 rule – 60 hours of work over 7 days or 70 hours of work over 8 days. These rules are in place because driver fatigue is a significant cause of accidents. If a driver or company violates these regulations and an accident happens, a lawyer can show this evidence as proof of neglect.

Electronic Logging Devices 

Since 2017, commercial trucks have been required to use electronic logging devices (ELDs) to track driving time. These devices automatically record driving hours, making records harder to falsify. 

In accident cases, attorneys can request these electronic logs to see if the driver was operating within legal time limits. An attorney who finds variances between electronic logs and paper records may use the evidence to show negligence.

Truck Weights and Loading Limits 

The trucking company imposes specific weight limits on commercial trucks based on their axle configuration and the roads they travel. The maximum weight load is 80,000 pounds on interstate highways, with jurisdictions issuing certificates for higher limits. Truckers must also follow federal guidelines to secure and distribute their cargo correctly. 

Overloaded trucks take longer to stop and are more prone to rollovers. If an accident involves an overweight truck or improperly secured cargo, an attorney may use this info to create a case for liability.

Maintenance Requirements

The FMCSA requires systematic inspection, repair, and maintenance of all commercial vehicles. Drivers must do a pre-trip inspection and document any defects. Companies must keep detailed maintenance records for at least 30 months. These records become evidence in accident cases, especially if mechanical failure was a factor in the crash. Poor maintenance can make both the driver and the company liable.

Drug and Alcohol Testing 

Commercial drivers are subject to strict substance use regulations. Companies test truckers for drugs and alcohol pre-employment, randomly throughout employment, post-accident, and on reasonable suspicion. 

Commercial drivers who have a BAC (blood alcohol content) of 0.04%, or more may be responsible for truck accidents. A positive test or refusal to test can be used to show evidence of liability in accident cases.

Driver Qualification Requirements 

Trucking companies must verify that their drivers meet specific qualifications, including having a valid Commercial Driver’s License (CDL), passing physical exams, and having a clean driving record. Companies must keep driver qualification files documenting these requirements. If a company fails to verify qualifications or hires a driver with known safety violations, it can be held liable for an accident.

Vehicle Equipment Standards 

Commercial trucks must meet specific equipment standards, including brake systems, lighting, and reflective materials. They must also carry emergency equipment like fire extinguishers and warning devices for stopped vehicles. Regular inspections must verify that this equipment meets the imposed standards. Equipment violations that contribute to accidents can show evidence of negligence.

Speed and Traffic Regulations

Many states have separate speed limits for commercial vehicles, often lower than those for passenger vehicles. Trucks may also have restrictions on which lanes truckers can use, especially in urban areas. Commercial drivers must also follow specific rules about following distances and the turning radius. Violations of these trucking traffic rules can be used as evidence in liability accident cases.

Cargo Securement 

The FMCSA has specific requirements for securing different cargo types. These rules dictate the number and type of tie-downs needed based on cargo weight and the nature of the cargo. Improper securement that causes cargo to shift or spill creates clear liability for both the driver and company.

Insurance Requirements 

Commercial trucks must carry much higher insurance coverage than passenger vehicles. Interstate trucking companies must have at least $750,000 in liability coverage for hazardous materials. This insurance requirement means that resources are available to pay accident victims, and insurance companies will respond by fighting more frequently against certain settlements.

Record-Keeping Requirements 

Companies must detail drivers’ schedules and their operations. They maintain and file copies of driver qualification files, maintenance records, accident reports, and drug testing records. If a lawyer finds a failure on a company’s part to keep these records, they can use the information in a negligence claim.

Common Causes of Truck Accidents

Driver fatigue, inadequate training, mechanical failure, or bad weather often cause serious truck collisions on the highway. Reconstruction experts can assess what happened to determine who is at fault. Attorneys also examine the driver’s logbooks, truck maintenance records, and the company’s safety protocols to build a strong case for their clients.

Settlement Negotiations

While many truck accident cases are settled before trial, getting a fair settlement requires good negotiation skills. Insurance companies often try to pay as little as possible.  With the help of an attorney, you can obtain a higher settlement.

Experienced Truck Accident Attorneys Can Help

It’s important to realize that while the trucking company and the insurance company may employ nice people, they are on the opposite side of a negotiation. They want to limit the value of your claim as much as they can. You want to maximize the value of your claim as much as you can. In the end, you deserve the total value of your damages under the law. The truck accident lawyers at FCHC will help ensure you get a fair settlement from the insurance company or litigate your case in court if necessary. Give us a call at (800) 433-2408 or contact us online and we can begin working on your case today.

Truck Accident FAQs

What should I do immediately after a truck accident?

First, get medical attention for any injuries, even minor ones. If possible, take photos and get contact information from witnesses. Call law enforcement to report the incident. Don’t talk to insurance companies before talking to an attorney. The evidence gathered in the first 24 hours after an accident is extremely significant to your claim.

How long do I have to file a truck accident claim?

The statute of limitations varies by state, but it is important to get started as soon as possible. Evidence can disappear quickly, and witnesses’ memories can fade. 

Trucking companies only keep certain records for a limited time, so prompt action is necessary for preserving evidence. New Mexico residents have three years to file a claim, while Texas drivers must file a claim within two years.

Who are the parties liable for a truck accident?

Multiple parties in truck accident claims may include the driver, trucking company, maintenance providers, cargo loading companies, and vehicle or parts manufacturers.

What can I get for my injuries?

Victims receive compensation for medical expenses (past and future), lost wages, reduced earning capacity, and property damage.

Plaintiffs may also receive compensation for non-economic damages. Lawyers may determine the compensation for pain and suffering, for example, by using a multiplier (1.5 to 5) and multiplying it by the total economic damages. 

This multiplier is based on the severity of injuries. In cases of permanent disability, compensation covers long-term care and in-home modifications.

How long does it take to resolve a truck accident?

The time frame may take months or years. Your attorney should give you regular updates and a realistic timeline based on your situation before they proceed with your case.

What’s different about truck accident cases than car accident cases?

Truck accident cases are subject to federal regulations and feature multiple liable parties. Therefore, a truck accident lawyer must know the trucking industry regulations in-depth. Moreover, collecting evidence involves greater effort and time. Injuries are usually more serious in nature. That’s why you need a lawyer who handles these cases by your side.