Harlingen Truck Accident Attorneys

Complexities of Truck Accident Cases

Harlingen 18 wheeler wreck lawyers know that insurance claims arising from truck accidents tend to be complex due to several factors. First, multiple parties could potentially be held liable, including the truck driver, the trucking company, the truck manufacturer, and other third-party entities.

Second, both federal and state laws govern commercial truck operations, adding another layer of complexity. Federal laws regulate aspects such as driver hours, semi trailer truck maintenance, and cargo weight limits, while state laws may dictate specific safety standards and procedures. These factors must be investigated by top truck wreck attorneys to determine if they caused or contributed to the accident.

The best 18 wheeler accident law firms also look at employer liability, product liability, and truck insurance issues, which can all be involved in a truck accident claim or lawsuit. For instance, if a trucking company fails to adhere to safety regulations or properly vet or train their employees, the company could be liable. 

If a semi tractor trailer truck's mechanical failure led to the car crash, the manufacturer might be responsible under product liability laws if the investigation shows manufacturing errors. Harlingen truck accident attorneys also know that you may also be dealing with multiple insurers, such as those for the driver, the trucking company, the cargo loader, or the manufacturer, who often attempt to minimize payouts. Consequently, it is important to hire an experienced semi truck accident lawyer, who understands these complexities and is experienced in the courtroom.

Importance of Enforcing Trucking Regulations for Road Safety

Strict federal and state rules and regulations govern truck drivers to ensure compliance with safety rules and regulations. These regulations are necessary due to the significant dangers that tractor trailer trucks can pose on our roads. According to data from the National Highway Traffic Safety Administration (NHTSA), in 2020, large trucks were involved in over 5,000 fatal crashes and more than 100,000 injury crashes in the United States alone. These statistics point out the critical need for strict oversight and enforcement of trucking regulations.

Due to their considerable size and weight, semi-trucks can pose significant hazards to all road users. The consequences can be devastating when safety laws, rules, or regulations are ignored, whether due to driver fatigue, inadequate maintenance, or disregarded load weight limits. These violations not only increase the likelihood of car or truck accidents but also exacerbate the severity of injuries sustained by other motorists, pedestrians, and cyclists. Therefore, ensuring compliance with these regulations is paramount for promoting road safety and minimizing the impact of truck-related accidents in Harlingen and communities throughout Texas.

Common Causes of Truck Accidents

Semi and trailer truck accidents involve a variety of collision types, each presenting unique challenges and risks on the road.

These include:

• Rear-end Collisions: Occur when a large truck, like a food truck, impacts with the vehicle in front of it. This often occurs due to factors like sudden stops or distracted driving and texting.
• Head-on Collisions: Typically, the most severe and devastating type of Harlingen truck accidents, where the front ends of two vehicles crash, which often results from factors like driver error or poor road conditions.
• Jackknife Incidents: Where the trailer of a semi trailer truck swings out to form an angle with the cab, usually due to sudden braking, bad weather, or poor road conditions.
• Side Impact Crashes: Harlingen truck accident attorneys know that these semi trailer collisions involve a truck crashing with the side of another vehicle. This often occurs at intersections or due to failure to yield.
• Rollover Accidents: When an 18 wheeler delivery truck tips over onto its side or roof, often due to sharp turns, high speeds, or improper cargo weight distribution. If a trailer carrying heavy cargo collides with a much smaller passenger sedan, it can result in severe, lifelong injuries. If a family member or loved one is affected by a trucking accident, consult the best truck accident attorney to understand your legal options.
• Blind Spot Collisions: Happen when a truck driver fails to see a vehicle in their blind spot and merges or changes lanes. Truck accident attorneys in Harlingen see these types of accidents quite frequently. These collisions often occur due to lack of driver awareness or improper mirror use.
• Driver Fatigue: Truck accident attorneys in the greater Harlingen area often discover that the cause of a trucking collision was the semi-trailer driver being fatigued. Long hours on the road without proper rest can impair a driver's reaction time and decision-making abilities, increasing the likelihood of accidents.
• Driver Inexperience: Dump truck drivers with limited experience may struggle to handle complex driving situations, which may lead to errors and collisions with other cars.
• Speeding: Eighteen wheeler accident lawyers explain to the injury victims that excessive speed of a large commercial vehicle reduces a driver's ability to react to sudden changes in traffic conditions. This makes excessive speed a major factor in many trucking accidents.
• Texting and Driving: Distracted driving, including texting or using a cell phone while driving, diverts a delivery truck driver's attention from the road and increases motor vehicle accident risks.
• Illegal or Improperly Loaded Cargo: Cargo that is improperly secured, such as that in food trucks or Coca-Cola trucks, can shift during transit, causing the truck to become unstable or leading to cargo spills that create hazardous road conditions. If you find yourself in a collision with a food truck, contact the best truck accident lawyer for assistance.
• Poor Road Conditions: Roads with large potholes, uneven surfaces, or inadequate signage can pose challenges to truck drivers, such as Amazon delivery truck drivers. Especially when combined with excessive speed, these factors can lead to loss of control and increase the risk of delivery truck accidents.
• Poor Weather Conditions: Trucking accident lawyers in Harlingen, Texas, often remind clients to drive carefully during poor weather. Rain, snow, ice, fog, and other adverse weather conditions reduce visibility and road grip, which makes it difficult for large trucks to maneuver safely.
• Inadequate Truck Maintenance: Harlingen truck accident lawyers often discover that improper maintenance leads to issues such as brake failures or tire blowouts, which increase the likelihood of collisions with semi-trucks.
• Mechanical Failures: Unexpected mechanical issues, such as engine problems or transmission failures, can result in sudden loss of control over the vehicle.
• Insufficient Driver Training: Truck wreck injury attorneys also know that inadequate training on handling the specific challenges of operating large commercial vehicles can contribute to accidents, resulting in serious injuries.
• Other Traffic Violations: Violations such as running red lights, improper lane changes, or failure to yield the right-of-way increase the risk of collisions involving trucks.
• Violations of Federal or State Trucking Regulations: Failure to comply with federal or state regulations regarding hours of service, weight limits, or maintenance requirements can lead to accidents and endanger other road users. Eighteen-wheeler accident attorneys use their knowledge and resources to uncover any potential violations of the law following trucking collisions.

Steps to Take After a Semi-Truck Accident

Our top trucking wreck attorneys understand that being involved in a semi-truck accident can be traumatic and overwhelming. Truck accident lawyers frequently educate injured individuals on the immediate steps to take following the vehicular accident to ensure safety, protect their rights, and begin the process of recovery and compensation. Here's a guide to help you navigate through this challenging time.

Ensure Safety

• Check for Injuries: Immediately assess yourself and others for injuries following a big rig crash. If anyone is seriously injured, call 911 for emergency medical assistance.
• Move to a Safe Location: After the semi truck collision, if it is safe to do so, move your vehicle to the side of the road to prevent further collisions. Turn on your hazard lights to alert other drivers.

Contact Authorities

• Call the Police: Even if the accident seems minor, it’s important to report it to the police to preserve evidence. Following a motor vehicle collision or delivery truck crash, an official crash report will be invaluable for insurance claims and legal proceedings.
• Provide Accurate Information: When speaking with the police, give a clear and factual account of the accident. Avoid speculating or admitting fault surrounding the cargo truck accident.

Gather Information

• Exchange Details: After a transport truck accident, obtain the name, address, phone number, driver's license number, insurance information, and license plate number of the truck driver and any other involved parties.
• Document the Scene: Take photographs and videos of the commercial truck collision scene, including vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries. This visual evidence can be invaluable in establishing fault and proving your damages.
• Witness Information: Collect contact information from any witnesses after the dump truck crash. Witness statements can provide valuable third-party accounts of the automobile vs truck accident.

Seek Medical Attention

• Immediate Care: Your trucking accident lawyer will tell you that even if you feel fine, seek medical attention as soon as possible after the flatbed truck accident. Some injuries may not be immediately apparent but can have long-term consequences.
• Follow-Up: Follow all medical advice and attend follow-up appointments. An experienced lawyer for an 18 wheeler accidents will ask that you keep detailed records of your medical visits, treatments, and any related expenses. This information is very helpful during the litigation process.

Consult a Semi-Truck Accident Attorney

• Legal Advice: Given the complexity of semi-truck accidents, it is advisable to consult with the best truck accident lawyers who possess the necessary knowledge in trucking accident cases. They can help protect your rights and ensure you receive a fair settlement for your injuries.
• Document Everything: Truck accident lawyers will often request that you keep a detailed record of all communications, expenses, and paperwork related to the accident. This includes medical bills, repair estimates, lost wages, and any other costs incurred due to the accident.

Notify Your Insurance Company

• Report the Accident: Your truck accident lawyer will inform your insurance company about the accident promptly. Provide them with all the necessary details and cooperate fully with their investigation.
• Review Your Coverage: Hire an experienced 18 wheeler lawyer to help you understand your insurance policy. This includes what is covered and the claims process. Your insurance company can guide you through the next steps.

Follow Up on Claims and Repairs

• Insurance Claims: Your semi-truck attorney will stay in regular contact with your insurance company and any other involved insurers to monitor the progress of your claim.
• Vehicle Repairs: Obtain repair estimates from reputable auto shops and keep all receipts and documentation related to vehicle repairs.

A semi-truck accident can be a life-altering event. Your local fatal truck accident lawyer can help ensure your safety, protect your legal rights, and pave the way for a smoother recovery process. Remember, seeking professional medical and legal assistance can make a significant difference in the outcome of your accident involving an 18-wheeler.

Do I Have a Truck Accident Case?

Determining whether you have a viable 18-wheeler accident case can be complex, as it involves various legal and factual considerations.

Here are the some factors to help you understand if you have a case and what steps you should take next:

Establishing Fault and Liability

• Negligence: To have a strong 18-wheeler truck accident case, you need to prove that the truck driver or another party was negligent. Negligence means they failed to act with reasonable care, leading to the accident and your injuries. This could include actions such as speeding, driving under the influence of alcohol or drugs, or failing to adhere to traffic safety laws.
• Liability: Our 18-wheeler accident attorneys serving Harlingen examine the actions of all parties involved. Liability may extend beyond the semi-truck driver to other parties, such as the trucking company, cargo loaders, or vehicle manufacturers. If the trucking company failed to maintain the vehicle or pressured the driver to violate hours-of-service regulations, they could be held responsible.

Evidence of Damages

• Physical Injuries: Through your truck accident lawyer, you must demonstrate that you sustained injuries as a result of the truck accident. This includes both immediate injuries and any long-term or permanent disabilities.
• Property Damage: Show the extent of damage to your vehicle and any other personal property affected by the 18 wheeler collision.
• Financial Losses: Truck accident attorneys in Harlingen will help you calculate your financial losses. Those may include medical expenses, lost wages, and other out-of-pocket costs related to the motor vehicle truck wreck. Future medical expenses and loss of earning capacity may also be considered by the law firm.
• Non-Economic Damages: These include pain and suffering, emotional distress, and loss of enjoyment of life. While harder to quantify, they are crucial components of your overall compensation.

Statute of Limitations

• Time Limits: Each state has a statute of limitations, which is the time frame within which you must file your truck collision lawsuit. In Texas, this time frame is generally two years for personal injuries. Failing to file your truck accident lawsuit within this period typically results in losing your right to pursue compensation. It's important to be aware of and comply with these deadlines.

Legal Representation

• Consulting an Attorney: An experienced truck accident attorney at Ried Pecina Trial Lawyers can evaluate the specifics of your truck accident case, gather evidence, and navigate the complex legal landscape on your behalf, so that you can concentrate on healing. The skilled 18-wheeler accident lawyers can also negotiate with insurance companies on your behalf and represent you in court if necessary.
• Contingency Fees: Many truck accident attorneys in Harlingen and throughout the region work on a contingency fee basis, meaning they only get paid if they win your case. This can make legal representation more accessible to those with less financial resources.

Cameron County Commercial Motor Vehicle Crash Statistics 

As is commonly anticipated, accidents involving trucks frequently result in significant personal injuries, often leaving lasting effects on individuals' lives. The Texas Department of Transportation diligently gathers and analyzes data on these traffic truck incidents, aiming to understand their causes and implications fully. The latest findings for commercial vehicle crashes in Cameron County highlight the ongoing challenges and consequences of such accidents within our community.

The latest reports show the following:

• Fatal Crashes: 6
• Fatalities: 7
• Suspected Serious Crashes: 6
• Suspected Serious Injuries: 7
• Suspected Minor Crashes: 20
• Suspected Minor Injuries: 22
• Possible Injury Crashes: 46
• Possible Injuries: 79
• Non-Injury Crashes: 188
• Non-Injuries: 991
• Unknown Severity Crashes: 3
• Unknown Injuries: 26
• Total Crashes: 269

Why Commercial Trucks Pose Significant Dangers

Commercial trucks, often referred to as semi-trucks or tractor-trailers, represent a crucial component of the transportation industry due to their ability to carry large quantities of goods across long distances. Truck accident lawyers know that the size and weight of these 18 wheelers also make them inherently dangerous under certain circumstances.

Here are key reasons why commercial trucks pose significant dangers on the roads:

1. Size and Weight: Commercial trucks are much larger and heavier than standard passenger vehicles. A fully loaded tractor-trailer can weigh up to 80,000 pounds or more, compared to the average passenger car weighing around 4,000 pounds. Truck wreck lawyers explain to their clients that due to this size difference, in the event of a dump truck collision, the damage to smaller vehicles and their occupants can be catastrophic.
2. Stopping Distance: Due to their weight, commercial trucks require significantly longer distances to come to a complete stop compared to passenger cars. This can lead to rear-end collisions if the truck driver cannot stop in time, especially in traffic or adverse weather conditions.
3. Visibility and Blind Spots: Commercial trucks have large blind spots, particularly on the sides and directly behind the truck. These blind spots can make it difficult for truck drivers to see smaller vehicles, cyclists, or pedestrians, which increases the risk of accidents during lane changes or merging maneuvers.
4. Exhausted Truck Driver: Commercial truck drivers often work long hours and face tight delivery schedules. This can lead to exhaustion or even falling asleep at the wheel. Inadequate rest impairs reaction times and decision-making abilities, increasing the likelihood of accidents and resulting in debilitating injuries.
5. Cargo Shift and Securement: Improperly secured cargo, overweight trailers, or uneven loading can cause cargo to shift during transit. Truck accident injury lawyers often handle cases involving rollover accidents or cargo spills caused by improperly secured cargo or overweight trailers.

Insurance Companies

Dealing with insurance companies after a truck accident can be daunting and overwhelming for injury victims. Insurance companies, while legally obligated to compensate victims for their losses, often prioritize minimizing payouts to protect their bottom line. This can lead to tactics such as offering low settlements or disputing the extent of injuries and damages claimed by the victim. Exercise caution when engaging with insurance companies and their claims adjusters. Frequently, adjusters will ask questions aimed at gathering information about your injuries, which could potentially be used against you as the injury victim later on. Hire a truster injury lawyer who can speak with the adjusters on your behalf and have the peace of mind knowing that your injury claim is handled with care.

Here are some challenges faced by injury victims:

1. Complexity of Claims: Insurance claims involving truck accidents are typically more complex than those involving regular car accidents due to multiple parties potentially being liable (such as the truck driver, trucking company, and possibly others), federal regulations, and higher insurance policy limits.
2. Negotiation Pressure: Victims may face pressure from insurance adjusters to accept quick settlement offers that do not adequately cover their current and future medical expenses, lost wages, and other damages.
3. Legal and Procedural Knowledge: Understanding the legal aspects and procedures involved in filing a claim or lawsuit can be challenging for injury victims who are already dealing with physical recovery and emotional stress.
4. Burden of Proof: Insurance companies may require extensive documentation and evidence to substantiate the extent of injuries, damages, and liability, which can be difficult for victims to gather and present effectively on their own.

Here's how an experienced truck accident lawyer can help:

1. Legal Expertise and Advocacy: A skilled truck accident lawyer understands the complexities of truck accident cases and the tactics used by insurance companies. They can navigate the legal process on behalf of the victim, ensuring their rights are protected and advocating for fair compensation.
2. Investigation and Evidence Gathering: Lawyers have the resources and expertise to conduct thorough investigations into the accident, gather crucial evidence such as accident reports, witness statements, and expert opinions, and build a strong case to support the victim's claim.
3. Negotiation Skills: Lawyers are experienced negotiators who can engage with insurance companies on behalf of the victim to pursue a fair settlement that adequately covers all damages, including medical expenses, lost wages, pain and suffering, and future care needs.
4. Litigation Representation: If negotiations with the insurance company do not result in a fair settlement, a truck accident lawyer can take the case to court and represent the victim in litigation. They will present the case before a judge and jury, advocating vigorously for the victim's rights and seeking maximum compensation.
5. Peace of Mind: Having legal representation allows injury victims to focus on their recovery and well-being, knowing that their case is in capable hands and that their interests are being protected against powerful insurance companies.

Settlement Check and Compensation Timeline

When you hire a Harlingen trucking accident attorney and the truck accident facts are favorable in your situation, you can usually expect a settlement check to compensate for your injuries and non-economic damages.

The timeline for receiving a settlement check can vary depending on several factors:

1. Completion of Investigation and Negotiation: Before a settlement offer is made, the insurance company typically conducts an investigation into the accident. This process includes gathering evidence, reviewing medical records, assessing liability, and estimating damages. Negotiations between your attorney and the insurance company will follow to reach a fair settlement amount.
2. Medical Treatment Completion: The extent of your injuries and necessary medical treatment will impact the settlement timeline. It's often advisable to wait until you have reached maximum medical improvement (MMI), meaning your condition has stabilized and further medical interventions are not expected to significantly improve your condition.
3. Documentation and Review: Once a settlement amount is agreed upon, the insurance company will require you to sign a release form. This document finalizes the settlement agreement, releasing the insurer from further liability related to the accident. The insurance company may also review and verify the documentation submitted by your attorney, such as medical bills, records, and proof of lost wages.
4. Processing Time: After all paperwork is completed and submitted, the insurance company typically processes the settlement check within a few weeks. This timeline can vary based on the insurer's internal processes and workload.
5. Legal and Administrative Procedures: If your case involves court approval (such as for minors or incapacitated adults) or structured settlements, additional legal and administrative procedures may lengthen the settlement process.

To expedite the settlement process and ensure you receive a fair amount, it's imperative to work closely with an experienced truck accident lawyer. By following their guidance and maintaining clear communication, you can increase the likelihood of receiving your settlement check in a timely manner, allowing you to focus on your recovery and moving forward after the accident

Who Will Pay the Victim in a Truck Accident Case?

If you've suffered injuries in a truck accident in Harlingen, Texas, you may be entitled to compensation from the parties at fault for the collision or their insurance provider. Truck accident attorneys often inform injurer parties that insurance coverage plays a large role in your trucking settlement.

Common insurance carriers in a trucking or auto accident case:

• GEICO
• Progressive
• USAA
• Berkshire Hathaway
• Travelers
• Liberty Mutual
• Nationwide
• Farmers
• Zurich North America
• American International Group (AIG)
• Chubb
• State Farm
• Allstate
• The Hartford
• Allianz

Call (956) 225-2509 to learn more about how we can help. Hablamos Español.