Texas is famously big, but it’s not just our cities or our landscape that tops other states in the nation. Unfortunately, our number of truck accidents on Lone Star highways is the highest in the country. Understanding how these crashes occur and what to do if you’re involved in one can help you avoid devastation, both physically and financially.
Let’s examine Texas truck accident causes and how a qualified Houston truck accident lawyer from Steve Lee Accident & Injury Attorneys can benefit your case.
Truck Accident Statistics
Everything is bigger in Texas, including the number of truck accidents. The National Security Council reported that Texas has an average of 810 deaths from truck crashes a year, approximately twice that of the next leading states, California and Florida. More specifically, the Texas Department of Transportation (TxDOT) recorded as many as 950 injury wrecks involving commercial trucks in the most recent reporting year.
On a nationwide level, the Insurance Institute for Highway Safety (IIHS) collects data about truck and other accidents. Its most recent findings show that 16% of truck accident fatalities were truck occupants, but 68% were those riding in passenger vehicles. As much as 11% of all automobile crashes involve tractor-trailers and 74% of all road fatalities involved a commercial truck of some kind.
Top Truck Accident Causes
Most commercial truck operators are experienced and responsible, but truck driver mistakes still occur. The Federal Motor Carrier Safety Administration has published a Large Truck Crash Causation Study (LTCCS) outlining the most common causes of commercial truck accidents.
Running out of the travel lane was identified as the top cause, and it was listed as the critical event for 32% of the recorded accidents.
Losing control of the vehicle for various reasons (shifting cargo, bad road conditions, and traveling too fast) accounted for 29%. Trucks colliding with the back of other vehicles in the same lane were responsible for 22% of accidents. Other factors named in the LTCCS include:
- Brake problems – 29%: Defective brakes or a lack of proper brake maintenance can result in long stopping distances or even complete brake failure.
- Prescription and illicit drug use – 26%: Drugs can impair motor skills and cloud a driver’s reasoning ability.
- Speeding – 23%: The impact force of an 80,000-pound truck becomes even more devastating when the driver speeds.
- Lack of familiarity with the roadway 22%: Truck drivers are often required to drive in unfamiliar areas, focusing on their GPS devices more heavily than on the road at times.
- Over-the-counter (OTC) drug use – 17%: Even OTC medications can lead to truck accidents when the drugs are not taken as directed.
- Lack of surveillance – 14%: Inadequate surveillance occurs when a big rig driver does not properly observe his surroundings.
- Fatigue – 13%: Driver fatigue is a big problem for truck operators, who are often required to spend many hours on the road.
As you can see, the majority of truck accidents can be traced to human error or negligence. Drivers are often the primary cause of collisions, although some of the blame can be put onto the trucking company that fails to perform background checks or train its drivers. In addition, inadequate inspections or maintenance by fleet owners can put even experienced drivers at risk for a crash.
Multiple Parties Could Be Liable in Your Truck Accident Claim
It’s not always truck drivers or trucking company owners who are responsible for a truck accident. In some instances, other drivers on the road may put a trucker in a dangerous situation by cutting the larger vehicle off in congested traffic. If someone drops debris on the highway while moving, a ladder lying across lanes could mean a truck driver has to swerve unexpectedly.
In addition, government agencies could be at fault if they improperly constructed or maintained roads. In the LTCCS, as much as 20% of critical causes were due to agencies that failed to properly design, construct, and maintain a roadway. Poorly programmed or defective traffic control devices can also lead to collisions.
Receiving Compensation
After a truck accident, your first concern is getting the medical care you need. However, that care can be quite extensive, leading to astronomical bills and potential future treatment. Your next questions likely have to do with filing insurance claims or even a personal injury lawsuit against all those responsible.
Filing an Insurance Claim
Trucking companies often have substantial insurance policies to take care of victims after a crash. However, getting the insurer to pay what you are owed is not as simple as filing some paperwork and getting a check in the mail. Paying claims puts a dent in the insurance company’s bottom line, and they will fight hard to prevent handing over more than the bare minimum.
You might get desperate waiting to pay bills, and insurance adjusters recognize how tempting their first offer can look to you. However, the first settlement is usually lower than what you may truly need, so it’s important to review your claim and any offers with an experienced accident lawyer. They can negotiate on your behalf while you concentrate on getting your life back together.
Filing a Personal Injury Lawsuit
If you are working with the insurance company on your own, you may give up and take what they offer, thinking there’s nothing more you can do. Fortunately, by meeting with a truck accident lawyer as soon as you’re able, you can put them to work dealing with the insurance claim while they also begin preparing your personal injury lawsuit.
This move may prompt the insurance company to settle more quickly with a better offer. If not, your lawyer is ready to move to trial, where you could have a chance to secure higher compensation, especially if there are multiple parties at fault. Settlements can occur at any time during a trial until the case is handed to the jury, and your lawyer will keep working to get what you deserve.
Damages You Can Claim in a Texas Truck Accident Case
Once you’re able to understand more about how the truck accident affects your life, you can work with a truck accident lawyer to build a list of damage demands. This list should include all your economic (those with a fixed value) and non-economic (subjective or emotional costs) losses that result from the crash. The goal of compensation is to “make the plaintiff whole” or to try to return them to the financial state they were in psrior to the accident.
Our clients have demanded compensation for the following kinds of losses:
- All medical bills, including those for surgery, ICU, ER, and emergency transport costs
- Travel expenses for getting to doctor appointments or visiting specialists for care
- Repair or replacement costs for their vehicles
- The value of their personal property damaged in the accident, such as clothing, computers, luggage, jewelry, or work equipment
- Expenses for hiring cooking, cleaning, or other home care services while they are recovering
- Lost wages while they can’t work and the potential of lost earning capacity if they are significantly disabled
- Nursing care at home or in a rehabilitation facility
- The pain and suffering, both emotional and physical, they endured after a truck accident
- Shock, embarrassment, and isolation as they deal with the societal impact of losing a limb or being disfigured
- Trauma, anxiety, and depression that can lead to PTSD, which all affect their ability to return to their previous lifestyle
It’s critical to speak with an attorney after a truck accident to learn whether you have a valid claim and what steps you must take.
Time is short for filing a lawsuit because Texas only allows two years after the crash. If you spend too much time arguing with insurance companies trying to reach a settlement, you could lose your right to recover compensation through the court system.
Take Action Now No Matter What Caused Your Texas Truck Accident
Truck accidents can be devastating, resulting in severe injuries. If you’ve been hurt in a truck collision, you deserve compensation. To discuss your claim, contact the law offices of Steve Lee Accident & Injury Attorneys by using the form on this page.