I was in a Texas 18-wheeler accident - who can be held liable?

Texas 18-wheeler accidents make for complicated cases. In the typical car accident case, the only defendant is the driver of the car that caused the accident. In 18-wheeler accidents, however, there is a long list of people and entities that may be held liable.

Potential defendants in a Texas 18-wheeler accident lawsuit might include:

1.      The driver of the truck

2.      The owner of the truck: The owner of the 18-wheeler is not always the same as the driver. In fact, the owner of the cab may be different from the owner of the trailer.

3.      The owner of the cargo being carried

4.      The driver’s employer and/or the parent company: Employers can be held vicariously liable for the actions of their employees under the doctrine of respondeat superior.

5.      The manufacturers of the truck or any part of the truck: Manufacturers can be held liable if a defect in the truck contributed to the accident.

6.      The maintenance company: The party responsible for maintaining and/or repairing the truck can be held liable if inadequate maintenance contributed to the accident.

If you have been involved in a Texas 18-wheeler accident, contact Fears | Nachawati today for free legal assistance. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 for your free consultation.

Texas 18-wheeler accidents: Why you need an attorney

Texas 18-wheeler accidents present unique legal challenges, making them much more complicated matters than the typical passenger vehicle accident. The amount of damages and the extent of the injuries sustained in 18-wheeler accidents far exceed that of the typical Texas car accident. That means the stakes are higher for the insurance companies, particularly for the commercial insurance carrier that holds the 18-wheeler’s policy.

Not only does the victim of a Texas 18-wheeler accident have to contend with the trucking company’s insurance company, they have to deal with the trucking company’s expansive team of in-house lawyers and investigators as well. Trucking companies are typically large, nationwide corporations with extensive resources at their disposal.

Yet another way that 18-wheeler accidents differ from other Texas car accidents is the laws involved. In addition to Texas traffic laws, the Federal Motor Carrier Safety Administration Rules and Regulations, which govern 18-wheelers and their drivers, may also come into play.

These are just a few of the reasons why the victims of 18-wheeler accidents need an experienced Texas personal injury lawyer on their side. The attorneys of Fears | Nachawati are here to ensure that your rights are protected. To receive free legal advice about your Texas 18-wheeler accident, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

 

Guard Humvee goes airborne causing fatal six-vehicle accident

Three people are dead after a six-vehicle accident involving a National Guard Humvee. Wednesday morning, a National Guard Humvee traveling on I-35 near Troy, Texas, went airborne and flew over a concrete median.

The Humvee was being driver by a 21-year-old soldier named Altha Gibson. For reasons that remain unclear, Gibson drifted off the road and then recrossed both southbound lanes on I-35 before vaulting over the median.

The Humvee then struck a Toyota Corolla traveling in a northbound lane, killing the driver, 41-year-old Douglas Ashcroft. The Humvee remained airborne after hitting the Corolla and struck the cab of an 18-wheeler, killing its driver as well, 44-year-old Donald Johnson.

The Humvee finally came to a stop after landing upside down in the middle of the interstate. However, the chain reaction it set into motion was not over.

After being struck, the 18-wheeler jackknifed, hitting an unoccupied truck parked on the shoulder of the road along with the SUV it was towing. A trash compactor truck then crashed into the 18-wheeler. The driver of the trash compactor was not injured.

Gibson, the driver of the Humvee, was killed in the accident. The cause of the accident remains under investigation.

Click here for more on this multi-vehicle Texas car accident.

Fears | Nachawati is a Texas law firm that represents car accident victims and their families. If you or a loved one has been involved in a Texas car accident, contact us today. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 to receive free legal assistance and advice on your Texas personal injury or wrongful death lawsuit. 

School bus driver killed in accident with 18-wheeler

An 18-wheeler and a school bus collided early Monday morning, killing one and injuring two others. The deceased victim, Jerry Calvin Barnes, 64, was driving the Belton Independent School District bus when the accident occurred.

Department of Public Safety officials say that Barnes was driving the bus north on Briana Drive, west of Belton, when he pulled up to a stop sign. Barnes came to a complete stop, and then attempted to turn left onto FM 439 to travel west.

The 18-wheeler was headed east on FM 439 when it crashed into the left front corner of the bus. The 18-wheeler was traveling in the proper lane when the accident occurred. 

Barnes was pronounced dead at the scene of the accident. A bus monitor, 48-year-old Wallace Lee Boshaw, also a BISD employee, suffered non-life threatening injuries, as did the driver of the 18-wheeler, 34-year-old Rodney Mitchell.

No children were on the bus at the time of the accident.


Click here for the full story on this Texas 18-wheeler accident.

Fears | Nachawati provides free legal assistance to victims of 18-wheeler accidents. If you have been injured in an accident with a semi-truck, contact us today to receive no charge, no obligation legal advice from a Texas 18-wheeler accident attorney. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Investigating an 18-wheeler accident

In order to win a personal injury lawsuit against the driver of the 18-wheeler and/or the company for which the driver works, it is necessary to prove that the other party was at fault for the accident. Proving fault depends on a careful and thorough investigation of the facts surrounding your 18-wheeler accident.

Your lawyer will take all necessary steps to obtain the critical evidence related to your 18-wheeler accident. Evidence of fault in an 18-wheeler accident case may include:

·         The driver’s safety record and driving record

·         Documentation related to the driver’s qualifications and training

·         Trucking logs

·         Police reports

·         The trucking company’s safety record

·         Maintenance records

·         GPS or black box recorder data 

·         Documentation of any mechanical defects with the truck

·         Witness statements

·         Photographs of the scene of the accident

·         Receipts from restaurants and fueling stations

·         Cellphone records

If you have been involved in an accident with an 18-wheeler, you should speak with a lawyer as soon as possible. You will likely be contacted by the trucking company’s lawyers, insurance company and/or accident investigators shortly after the accident. It is important that you not make any statements or sign any releases.

The goal of the trucking company is to minimize the amount of damages they have to pay you and to minimize the amount of fault assigned to their driver. A Texas personal injury lawyer will deal with the trucking company’s massive legal team for you to ensure that your rights are fully protected and you are not strong armed into settling for less than your claim is worth.

Fears | Nachawati provides free legal assistance to victims of 18-wheeler accidents. To speak with a Texas personal injury lawyer about your accident, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

Common types of 18-wheeler accidents: overrides and underrides

Accidents involving 18-wheelers are some of the most devastating of all Texas car accidents. Among all the types of 18-wheeler car accidents that take place across Texas, the most dangerous are overrides and underrides. Override and underride 18-wheeler accidents virtually always result in serious, permanent injuries or death. Sadly, research has shown that more than half of all fatal 18-wheeler car accidents involve one of these two types of accidents.

 

An override accident occurs when an 18-wheeler runs over a vehicle. These accidents are typically the result of the 18-wheeler striking the vehicle from behind. It is not hard to imagine the damage that an 80,000 pound truck could cause when it runs over a 3,000 pound car.

 

An underride accident is when a vehicle crashes into an 18-wheeler from behind and continues forward, sliding underneath the tractor trailer. In underride accidents, the top of the vehicle is most often ripped off, exposing the driver’s and/or passengers’ heads to the underside of the 18-wheeler, which many times results in severe head or brain trauma or even decapitation.

 

The reason for this is that the average car is too tall to clear the underside of the 18-wheeler. In fact, the underside of the truck is typically at chest height of those riding in the car.

 

There are steps that 18-wheeler drivers can and should take to avoid underride and override accidents. These include:

 

  • Using reflective triangles, warning signs and flashing lights to alert drivers that the truck is broken down on or near the edge of the road
  • Ensuring that the truck’s tail lights are in working order
  • Using reflective tape on the back of the truck
  • Keeping assured clear distance from nearby cars
  • Regularly inspecting their truck’s brakes

If you or a loved one has been involved in an 18-wheeler accident, contact us today. A Texas personal injury lawyer from the Fears | Nachawati team will provide you with free legal advice on your possible personal injury or wrongful death claim. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation. 

 

Facts about Texas 18-wheeler accidents

There are approximately half a million accidents involving 18-wheelers in the United States every year. Of those 500,000 accidents, around 5,000 will end in one or more fatalities.

 

The outcomes of car accidents involving an 18-wheeler are virtually always devastating. The average car is simply no match for the size and power of an 18-wheeler. The likelihood that the driver of a motor vehicle involved in an 18-wheeler accident will be seriously injured is very high.

 

Injuries suffered in 18-wheeler accidents can include:

 

  • Amputation
  • Disfigurement
  • Traumatic brain injury
  • Spinal cord injury
  • Head trauma
  • Paralysis

A number of different factors can contribute to the cause of an 18-wheeler car accident. Reasons that an 18-wheeler driver may be at fault for a car accident include:

 

  • Unsafe loads
  • Tire blowouts or defective tires
  • Violations of laws or regulations
  • Driver error
  • Driver fatigue
  • Brake failure or defective brakes
  • Mechanical malfunctions
  • Failure to follow appropriate safety measures
  • Poor maintenance
  • Drive intoxication

At Fears | Nachawati, we provide free legal assistance to victims of Texas 18-wheeler accidents. For a free consultation about your potential Texas personal injury lawsuit, contact us today. You can email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

 

You will speak directly with a Texas personal injury lawyer who will evaluate your case and help you understand your legal options.