Semi-trucks, big rigs, 18-wheelers.

They go by many names, but one thing remains the same: serious injuries usually happen in a truck accident.

Very few people walk away unscathed from a collision with these monsters that can weigh up to 80,000 pounds. 

When these Texas titans strike, you may wonder what the average settlement for a broken arm is.

We cover this below and help you understand how to maximize the compensation you might receive if you file a claim. 

The Law Office of Aaron Herbert fights for Texas truck accident victims and their families. The accident wasn’t your fault, and you shouldn’t have to pay the price.

We will fight for you to help you get every penny you deserve. 

What Is the Average Settlement for a Broken Arm?

The average settlement for a broken arm in a truck accident can vary widely, depending on factors such as:

• The type of break; 
• The likelihood that you’ll make a full or partial recovery;
• The compensation that similarly situated victims received in past cases; 
• The impact that the broken arm will have on your life; and 
• The facts surrounding the accident. 

If your broken arm is such that it may never fully heal, your settlement award may be higher than for a minor fracture.

Even so, just because the injury may not be life-long, it doesn’t mean you’ll get a small settlement. 

A truck accident attorney can help you understand how much your case is worth. 

How Can I Help Increase the Amount of Compensation I Receive in My Truck Accident Case?

The average settlement for a broken arm varies from case to case. But there are steps you can take to help increase your chances of winning your claim against the at-fault party. 

Promptly Report the Accident to Law Enforcement

Under Texas law, drivers must promptly report to the police an accident that results in property damage or injury.

This is true even if the injuries or damage seem minor. Limited exceptions apply in some cases that may alter this duty to report.

For example, if you’re unconscious, you may not have to inform authorities of the accident immediately. 

Meeting your reporting requirement helps your case because it shows that you did everything possible. We can help you understand your obligation to report the accident. 

Don’t Make Admissions of Fault to Police or the Insurance Company

During the claim process, the at-fault party’s insurance company will look for every reason to deny your claim and refuse to pay.

Try to limit your conversations with your insurance company and the police to the bare facts.

You risk inadvertently admitting fault if you convey your opinions or commentary (e.g., “I didn’t see you because I was changing the radio station.”). 

Seek Medical Attention and Follow Treatment Recommendations

One common mistake that accident victims make is delaying going to the doctor. Or they may not follow the doctor’s recommendations.

Going to the doctor to evaluate and address your injuries helps your physical health and your legal case.

You can use the medical records to prove that the accident caused your broken arm and the extent of your injuries. 

Talk to a Truck Accident Attorney

Truck accident attorneys are well-versed in Texas’s car accident laws.

They know what to look for, what questions to ask, and the tactics insurance companies use to overwhelm accident victims.

Further, if you have an attorney on your team, at-fault parties and insurance companies are more likely to take your claim seriously. 

Having an attorney also means a tenacious advocate is fighting for your best interests so that you can focus on healing. 

The Law Office of Aaron Herbert—We’ll Help You Maximize Your Settlement for a Broken Arm 

We understand that you’re hurting and that it’s not your fault. Our Board Certified Personal Injury Trial Lawyers are ready to fight for you.

We can help you understand the average settlement for a broken arm in a truck crash and what that looks like in your case.

For over 20 years, we’ve fought for Texans like you, helping them regain their lives. 

If you were injured in a truck accident, contact us online or call our office at 214-200-4878 to schedule your free consultation. 

If you were hit by an 18-wheeler, you are probably wondering what an average lawsuit settlement is worth.

You may be saddled with mounting medical expenses, an inability to work, and a bleak prognosis for recovery from your injuries.

Unfortunately, there is no average value for an eighteen-wheeler accident lawsuit because no two cases are the same.

However, there are a few common factors that may affect the value of your case.

Factors Affecting 18-Wheeler Lawsuit Settlements

Despite the variability of facts from case to case, an attorney can explain common factors that influence settlement values and how they apply to your particular case.

For example, 18-wheeler lawsuits involving severe or catastrophic injuries typically result in larger settlements.

That is because catastrophic injuries require extensive medical treatment and greatly impact an injured victim’s life.

Other common factors affecting potential settlement values include:

• A precise determination of liability, 
• Whether the injuries prevent the victim from working or earning an income, 
• Medical bills, 
• Pain and suffering, 
• Property damage,
• Whether the truck driver violated any laws at the time of the accident, and
• Insurance coverage and policy limits. 

Without understanding your case’s worth, it’s impossible to know what settlement offers to accept or reject.

Understanding how these factors can increase or decrease the value of your case can help guide settlement negotiations to a more successful conclusion. 

How Is Fault Determined? 

When it comes to personal injury cases, Texas is a comparative negligence state.

Comparative negligence means an injured victim can still recover some compensation even if they were partially at fault for their accident.

In Texas, you must be 50% or less at fault for the accident to be able to recover compensation. If you are partially at fault for the accident, your damages will be reduced by your share of the fault.

For example, if your damages total $100,000 and you were 30% at fault, you can recover up to $70,000.  

What’s Included in 18-Wheeler Lawsuit Settlements? 

Those hit by a truck may wonder what’s included in 18-wheeler lawsuit settlements. 

Injured victims are entitled to the value of their compensatory damages.

Compensatory damages are divided into economic and noneconomic damages and represent different types of losses commonly suffered in personal injury lawsuits. 

Economic Damages 

Economic damages in Texas represent direct financial losses related to your injury and include the following:

• Medical expenses, 
• Lost wages,
• Loss of future earnings, and
• Property damage.

Your attorney calculates economic damages using bills, receipts, pay stubs, invoices, and other tangible evidence.

Retain all evidence of your financial losses to help support your claim for economic damages.

Noneconomic Damages

Noneconomic damages are often more difficult to prove. Noneconomic damages compensate you for the emotional and psychological harm your injury has caused you.

Common noneconomic losses include: 

• Pain and suffering,
• Emotional distress, 
• Disfigurement, 
• Permanent disability,
• Loss of consortium, and
• Loss of enjoyment of life.

Due to their subjective nature, noneconomic damages do not find support through tangible evidence like receipts and can be difficult to calculate.

For example, putting a value on a scar that has permanently changed your appearance is very difficult to do.

Similarly, how do you assign a value to an injury that makes it impossible for you to participate in any activities with your children?

Despite the abstract nature of these losses, they should never be overlooked. In some cases, noneconomic damage awards may be substantially larger than economic damage awards. 

Are Settlement Calculators Reliable? 

Many injured victims desperate for compensation turn to settlement calculators to determine a value for their 18-wheeler lawsuit settlements in Texas.

Unfortunately, these calculators only take economic losses into account. In an eighteen-wheeler accident lawsuit, an injured victim is entitled to both economic and noneconomic damages.

While economic damages are important, noneconomic damages are equally crucial to help fully compensate a victim for their injuries. 

Contact Us 

The Law Office of Aaron Herbert has a long history of successful cases and grateful clients.

Over the years, the Law Office of Aaron Herbert has secured hundreds of millions of dollars for personal injury clients throughout Texas in settlements and jury verdicts.

With more than fifty personal injury trials under our belt, our experience gives you an edge at every stage of your case.

We take care of everything, so you can focus on your recovery. The sooner you contact us after an accident, the sooner we can help you achieve financial stability.

Contact us by phone or online today to schedule a free consultation. 

There is no “average” settlement for a truck accident case in Texas. The settlements won for these collisions vary considerably, making any type of average or median number a poor indication of what your specific claim could be worth. Rather than looking at average settlement awards given to truck accident victims, gain an idea of what your particular case might be worth by analyzing the damages you and your family suffered.

Common Damages in a Truck Accident Case

“Damages” has two meanings in personal injury law. It refers to the losses you suffered in the accident as well as the financial compensation that may be available to you. In your initial settlement demand letter to an insurance company, you must list all of the damages you suffered in connection to the crash, with corresponding sums you are demanding as compensation for these losses. A truck accident lawyer in Dallas can help you create a full list of your economic and noneconomic damages.

• Long-term medical expenses. The severe nature of most truck accidents means weeks or months of necessary medical care. In the most severe cases, a victim may need lifelong treatments, such as rehabilitation and physical therapy.
• Lost wages. A truck accident can take a victim out of work temporarily while he or she is in the hospital or permanently if the accident causes disability. Compensation for lost past wages as well as lost future capacity to earn may be available.
• Damaged or totaled vehicle. Most collisions between 18-wheelers and passenger cars result in the latter being totaled. The immense property damage caused by a truck accident may take thousands of dollars to repair.
• Pain and suffering. An injured accident victim has the right to request compensation for intangible losses related to the collision, such as emotional distress, mental anguish, post-traumatic stress disorder, fear, anxiety and lost quality of life.
• Wrongful death. If someone dies in a truck accident in Dallas, his or her surviving family members can seek financial compensation. A settlement for wrongful death could include funeral and burial costs, medical bills, and lost income.

Your family can recover past and future losses related to a commercial truck accident in Texas. The types and extent of your damages are what will determine how much your truck accident case is worth.

Although many different factors can affect the value of your injury settlement, the most common factors used in calculations by insurance companies are injury severity, the cost of medical care, the length of recovery and how much the accident has impacted your life.

Who Is Liable?

Once you have created a comprehensive list of your losses, your truck accident lawyer can determine the liable party. This is the person or entity legally responsible for your accident, injuries and losses. Under Texas’s tort-based insurance law, the driver or party at fault for causing the crash is financially responsible for medical bills and property damage.

In a standard auto accident, this party is most likely the other driver. The rules are different, however, in truck accident cases. If the driver who caused your accident was employed by a truck company at the time of the crash, you can hold the company vicariously liable instead of the driver’s personal auto insurance policy. This can result in a greater insurance settlement, as a trucking company will have more insurance available.

How to Ensure a Fair Outcome for Your Truck Accident Case

Although a truck accident can cause devastating losses, insurance companies often use tactics to devalue claims and reduce payouts. Do not assume the first settlement offered is a fair amount for what may be lifelong damages. Bring any settlement offer given to you by an insurance company to an attorney for a review you can trust.

A truck accident lawyer can carefully evaluate your case to give you an accurate settlement estimate. Then, your lawyer can help you demand maximum financial compensation from the correct party using proven legal strategies.

Truck drivers have a legal duty to drive safely and prudently. They must obey stringent federal laws in terms of truck inspections, cargo loading, braking techniques, rest breaks and more. Breaching any of these rules or regulations, either negligently or intentionally, could cause a deadly truck accident. In 2017, fatal accidents in the U.S. involved 4,657 large trucks. Keeping an eye out for reckless truck drivers in Texas could help you avoid a serious accident. Always keep your distance from a reckless trucker and call 911 to report the issue if you see the warning signs. If you were the victim of a big rig accident, speak to a Dallas truck accident attorney to learn about your options.

Speeding

No commercial truck should ever exceed the posted speed limits in Texas. Speed limits vary state to state but should be clearly posted alongside the roadway. Some highways have different maximum speeds for passenger cars and commercial trucks. Texas has some of the highest speed limits for truckers (up to 85 miles per hour), but truck drivers should still not exceed a speed that is reasonable and prudent for driving conditions. This may mean slowing down considerably lower than the posted limits in bad weather.

A speeding truck driver may be engaging in this dangerous practice due to road rage or to meet a tight deadline. There is no excuse, however, for reckless truck driving.

Tailgating

It is extremely dangerous for a commercial big rig to tailgate or ride close to the bumpers of other vehicles. This is one of the common causes of truck accidents. Large trucks require more time to come to complete stops than smaller passenger cars, increasing the risk of rear-end collisions. Prudent truck drivers remain a safe distance away from the vehicles they are following to prevent these accidents.

When a big rig crashes into the back of a smaller vehicle, the collision can be fatal for the occupants in the car. The big rig’s tires may ride up over the back of the passenger car (an override accident) in a way that crushes the vehicle and the passengers inside. If not, the impact could crush the smaller vehicle or send it colliding into other cars or careening into oncoming traffic. If you see a truck driver tailgating another driver, this is a reckless driving behavior that could cause a fatal accident.

Improper Passing

Unsafe lane changes are a significant cause of fatal truck accidents. It is a truck driver’s responsibility to safely and prudently switch lanes when it is safe to do so, only after signaling the intent to merge and waiting until the lane is clear. No Zones (significant blind spots) can make it difficult for a truck driver to tell whether a lane is clear before merging. Truck drivers must take extra caution while keeping this fact in mind.

If you notice a large truck weaving between lanes of traffic, changing lanes excessively, passing people using the shoulder of the road, honking to force other drivers out of its way, cutting other drivers off or merging on top of other vehicles, the driver is guilty of reckless driving. These are reckless driving behaviors that could lead to a serious sideswipe accident, underride collision or override collision.

Red-Light Running

Violating any traffic law is a sign of reckless driving in a trucker. One of the most common signs of a bad or dangerous truck driver is red-light running. If you see a trucker run a red light or roll through a stop sign, you have witnessed reckless driving. Make a note of the trucking company’s name and the registration number of the truck (posted on all truck cabs). Call the trucking company to issue a complaint about a dangerous driver. If the reckless truck driver appears to be putting other people’s lives in danger, call 911 to report the incident as well. Hire an attorney to help you prove your case if you get into a crash with a truck driver you suspect of reckless driving.

Semi trucks are critical to the country’s economy. Commercial big rigs transport millions of tons of goods across the country each year. Traveling alongside large trucks, however, can come with certain safety threats to the average driver. The great size and weight disparities between a semi truck and a passenger vehicle mean the latter almost always suffers the greater damages. In 2017, semi trucks were involved in 4,657 fatal accidents in the U.S. As a driver in Dallas, learning how to safely share the road with semi trucks could save your life.

What Are Semi Truck No Zones?

A semi truck’s No Zones describe areas on all four sides of a commercial truck that passenger vehicle drivers should avoid. No Zones are a truck driver’s blind spots. A semi truck’s blind spots are enormous. A general rule to follow is if you cannot see the truck driver’s face in the truck’s side mirrors, the driver cannot see you. Do your best not to hover in the No Zones.

• 20 feet to the front of the truck
• 30 feet to the rear of the truck
• One lane to the left of the truck
• Two lanes to the right of the truck

While it may be impossible to completely stay out of a truck’s No Zones, do not hover in them for longer than is necessary. Instead, maneuver out of the No Zone as quickly as you safely can. Hovering in a blind spot puts your life at risk. Every second you spend in the No Zone could put you at risk of the semi truck merging on top of you.

What Is the Safest Distance? How to Safely Pass a Semi Truck

The safest distance to stay away from a semi truck is at least outside the parameters of its No Zones. Try to keep at least one lane away from a semi truck to the left and two to the right. When passing a big rig, maintain a safe speed. Do not drive overly fast to accelerate past a semi truck. Keep both hands on the wheel and drive in a straight line. The weight and size of the truck can create wind tunnels on its sides that may pull at your smaller car. Try to keep your vehicle’s path straight.

Pass the semi truck as quickly and efficiently as you can without speeding. Always pass on the left-hand side of the truck, not to the right. The left lane on a highway in Texas is the passing lane. Passing from the slow lane can confuse a truck driver and increase your risk of a No Zone accident. Only reenter a lane in front of a semi truck when you have put at least 20 feet between your vehicles. Merging any closer to the truck could lead to a rear-end collision. Semi trucks cannot stop as quickly as smaller vehicles.

What to Do If Involved in a Semi Truck Accident

Every year, thousands of people suffer serious injuries in semi truck accidents. You are not alone as the victim of a collision with a big rig in Dallas. Stay calm if you are involved in a semi truck accident. Get to a safe place to wait for the police to arrive. Call 911 and report any injuries if no one else has already done so. If you can, take photos and collect other information from the scene of the accident. This includes the names of other involved drivers, the name of the trucking company, the truck’s Department of Transportation number and license plate information.

Get medical care for your injuries immediately. Keep copies of your medical records to use on your claim later. Once you are able, contact an attorney to help you file a truck accident claim. Your insurance claim will require details such as the types of losses you suffered and their values. A lawyer can help you fill out claims paperwork and file it with the correct party. If the insurance company denies a fair settlement for your semi truck accident, use a lawyer to take the company to court. A truck accident lawsuit could end in fair compensation for your losses.

Truck accidents are often catastrophic for the victims involved. They are some of the most dangerous types of collisions on the road, involving trucks that can weigh more than 80,000 pounds – about 20 times more than the average passenger car. Truck accidents, injuries, and deaths are almost always preventable. Yet every year, thousands of people lose their lives and suffer life-changing injuries in accidents with commercial trucks. Talk to a Dallas truck accident lawyer if you have been injured in a semi truck-related accident.

How Often Do Truck Accidents Occur?

Truck accident facts from the Federal Motor Carrier Safety Administration state that close to 4,700 large trucks had involvement in fatal accidents in 2017. This was a 10% increase from 4,251 trucks in 2016. In addition, 107,000 injury crashes and 363,000 property-damage-only accidents involved big rigs in 2017. Most fatal truck accidents occurred in rural areas (57%) and interstate highways (27%). Thirty-five percent (35%) occurred at night.

Truck accidents involved hazardous materials in 3% of fatal large truck crashes and 2% of nonfatal crashes in 2017. The first harmful event in the majority of fatal truck accidents (74%) in 2017 was the collision with a vehicle in transport. Rollover was the first event in 4% of fatal truck accidents. About 5% of truck drivers involved in fatal accidents (252 total drivers) tested positive for drugs.

Statistics for 2018 from the Insurance Institute for Highway Safety state that 4,136 victims lost their lives in collisions with large trucks. The majority (67%) of these deaths were passenger vehicle occupants, while 16% were truck occupants and 15% were motorcyclists, bicyclists or pedestrians. Sixty-two percent (62%) of accidents that killed large truck occupants involved other large trucks, in multiple-vehicle crashes. In 2018, 11% of all traffic fatalities involved large trucks.

Why They Happen

Truck accidents occur more often than most drivers realize. It is a common assumption that large trucks are safe due to federal regulations. In reality, however, many trucking companies cut corners to save time and money on transports. People die every day in preventable commercial trucking accidents, including rollovers, jackknife accidents, rear-end collisions, underride accidents, and head-on collisions. Most of these accidents stem from the same few causes.

• Speeding is the most common driver-related cause of fatal truck accidents. Speeding can refer to driving faster than the speed limit or too fast for conditions. If it is raining or snowing, for example, a truck driver may need to slow down to below the speed limit.
• Distraction/inattention. Driver distraction or inattention was the second most common driver-related crash cause. Driver distractions often include cellphones, food and drink, the radio, passengers, personal grooming, and things happening outside the cab.
• Drug and alcohol involvement was the third leading cause of fatal truck accidents in 2017. Impaired truck drivers may be unable to safely control their rigs, leading to catastrophic collisions.
• Truck defects. A truck defect can refer to manufacturing mistakes – such as bad brakes – maintenance errors or cargo loading issues. It is a trucking company’s responsibility to properly load and maintain its trucks. Failure to do so can contribute to tire blowouts, lost cargo loads, rollover accidents and other problems.
• Dangerous roads. Some fatal truck accidents start with a roadway hazard or defect, such as a pothole, uneven shoulder, dangerously designed road, malfunctioning traffic light or obscured stop sign. It is the city’s responsibility to adequately maintain its roads and highways.

Recognizing why truck accidents and crashes happen can help drivers avoid the most common risks and potentially prevent collisions. Trucking companies and their drivers cause many collisions, while others stem from mistakes on the passenger vehicle driver’s part. Either way, most truck accidents are preventable. After a serious truck accident that causes injuries or deaths, the at-fault party may be liable for victims’ damages.

Distracted driving plays a major role in car accidents, which is why most states have a ban on texting while driving. Some states go further than others – in fact, in some states even talking on the phone is prohibited. Minimizing distractions is essential to maintaining our safety, as thousands incur injury from distracted driving each year. This especially applies to commercial truck drivers, as accidents involving commercial vehicles often lead to serious, permanently disabling injury or fatality. When an accident occurs there is often much more damage and injuries if not death. That’s why it’s critical to work with a commercial truck accident lawyer to ensure you receive all the compensation you deserve. Fortunately, there are several techniques commercial truck drivers can employ to reduce their risk of causing an accident.

Put Your Phone Away

In the era of smartphones, keeping in touch with our mobile devices is second nature. We may always keep our devices close so we can check on texts, engage on social media, or navigate with GPS. When you’re operating a commercial motor vehicle, however, using a smartphone can prove disastrous. Texting and driving, for example, will make you 23 times more likely to be involved in what the Federal Motor Carrier Safety Administration calls a “safety-critical” event, which includes lane deviations, near-accidents, or accidents. Sending a text takes an average of 4.6 seconds. At 55 mph, this means a driver may travel the length of a football field without looking at the road. In fact, using a phone on the road is so dangerous that the FMCSA also has rules restricting how truckers can dial a phone while operating a commercial motor vehicle. When driving, err on the safe side and avoid temptation; keep your phone out of reach. Pull over if you need to send a text or answer a phone call.

Maintain Your Focus

People often fail to realize that distracted driving is anything that takes your attention off the road. This may include personal grooming, talking on the phone, fiddling with the radio, or even talking to a passenger. Take steps to minimize any distractions:

• Take care of all personal grooming needs before leaving each day.
• Plug your route into GPS before hitting the highway.
• Finish all personal calls before beginning a shift.

When on the road, maintain your focus by actively scanning and using your truck’s mirrors. Drive defensively and resist the temptation to multitask.

Prepare Smart Snacks

Driver fatigue can play a large role in distracted driving. Taking frequent breaks and eating smart snacks can help keep your energy level up and combat fatigue. The FMCSA sets rules for breaks and sleep for a reason. When taking a break or refueling, choose snacks that are high in protein and complex carbohydrates, not sugar. Sugar may make you feel better for a while, but an inevitable drop in blood sugar follows, which can make your fatigue worse. Over a third of truck drivers have reported falling asleep or nodding off behind the wheel – get plenty of rest and take breaks when you need them, as concentration helps prevent accidents. Distracted driving can lead to devastating accidents, but commercial vehicle operators can help mitigate their risk. Follow these tips to reduce accidents and enjoy a safe trip.

Commercial motor vehicles and big rigs are a part of our everyday lives. We may see them on our daily work commute or on family trips. These vehicles provide a valuable service to us all, transporting goods and driving our local economy. We all know, however, that these vehicles can also be dangerous. Fortunately, there are a few simple ways you can reduce your risk of being in an accident with an 18-wheeler in San Antonio.

Simple Ways to Prevent Big Rig Accidents

You can’t always predict the actions of another driver, but you can control your own. Use these tips the next time you get on your local highway or truck route:

• Don’t hit the brakes quickly unless necessary. Rapid deceleration is dangerous when you’re ahead of a big rig, as even empty ones take a long time to stop. A fully loaded semi can require 300 yards to come to a complete stop. Keep an eye on the road ahead of you and allow plenty of time to react to possible hazards.
• If a truck is following you too closely, give them time and space to pass. Move out of the way safely and continue your way.
• Know their blind spots. Commercial motor vehicles have pretty impressive mirrors, but they still have blind spots – in fact, their blinds spot are much larger than typical vehicles. A good rule of thumb to follow is if you cannot see their mirrors, they cannot see you. It’s always a good idea to assure a safe following distance, especially behind a semi.
• Don’t tailgate. Tailgating is dangerous for the reasons listed above, but also because it prevents you from seeing road signs, traffic lights, and other things necessary for safe driving. Always allow ample room between you and a large vehicle.
• Exercise patience. Semi-trucks can travel slowly, but this is a good thing. It’s much safer for them to travel at slower speeds than it is to keep pace with smaller vehicle traffic. On the highway, travel in the faster lanes, as semis tend to keep to the slow lane. If you need to pass, wait until it’s safe to do so – a little patience could save your life.
• Drive defensively. A trucker owes you a duty of care, but you also have a duty to drive safely on the road. Minimize distractions and concentrate on the road always, especially when you’re sharing it with a semi.
• Use your blinker. Before making lane changes or engaging in any other activity with a driver, be as predictable as possible. This means using a blinker and waiting a moment before switching lanes. Remember, large vehicles take longer to maneuver and require more reaction time.

Sharing the road with semi-trucks may seem like second nature, but’s it’s important to keep your guard up. By driving defensively, remaining visible, and allowing them plenty of time to react on the road, you can make your commute safer. Do your part to prevent trucking wrecks in San Antonio by observing these tips. If you are in an accident with a large truck, contact an 18 wheeler accident attorney in San Antonio as soon as possible to help ensure you receive all the medical care and financial compensation you deserve.

The commercial trucking industry is an enormous, complex system that is imperative to the U.S. economy. The Federal Motor Carrier Safety Administration (FMCSA) strives to regulate this industry, enacting rules that companies and drivers must obey to increase the safety of everyone on the roadways. Roadside inspections are one of many strategies in place to improve the safety of commercial trucking. Unfortunately, not every effort works as well as regulators would hope. Here’s a look at the effectiveness of roadside inspections in Texas.

What Happens During a Roadside Inspection?

Roadside inspections are largely part of state-run systems, with trained and certified vehicle safety inspectors stationed at unannounced inspection stops. The FMCSA financially supports statewide inspections through annual grant programs. The FMCSA’s National Training Center handles inspector training programs throughout the country, certifying new inspectors and giving certificates in areas of expertise. The state of Texas is in charge of ensuring its safety inspections comply with federal regulations. Any commercial truck or bus that passes an active inspection station is required by law to stop and comply with the process. The inspectors will look at the driver’s license and documents, the cargo, any hazardous materials, the condition of the truck, and other factors during the inspection. If any truck fails a safety inspection, it will receive an out-of-service order. These trucks cannot continue their scheduled drives until someone remedies the issue. Similarly, commercial drivers with regulation violations will not be able to continue driving. Traffic enforcement programs are also in place to improve trucking safety. During this process, a law enforcement officer may pull over a truck for a moving violation. The officer then has the right to conduct a roadside inspection of the driver and vehicle. Any sign of unsafe driving or operations can result in an out-of-service order. The FMCSA continues its inspection programs, initiatives, and efforts in the hopes that they will catch safety violations before they result in accidents.

Inspection Effectiveness By the Numbers

The FMCSA developed a tool called the Roadside Intervention Effectiveness Model (RIEM) to gauge the effectiveness of roadside inspections. This system analyzes the results of annual roadside inspection data and concludes how many lives may have been saved. The most recent data available from RIEM is from 2012. The facts from the 2012 RIEM analysis are as follows:

• Roadside inspections prevented 8,721 accidents, saved 285 lives, and prevented 5,341 injuries.
• Traffic enforcement inspections prevented 5,703 crashes, saved 187 lives, and prevented 3,492 injuries.
• In total, roadside inspections prevented almost 9,000 injuries in more than 14,000 crashes in 2012.

Despite allegedly preventing accidents, Texas’ current roadside inspection system does not consistently screen vehicles or drivers. This results in a fraction of commercial trucks being dangerous to operate at any moment on the state’s highways. This is a frightening reality for other drivers in Texas. After a trucking accident, one of the first steps should be to investigate the truck and driver involved for potential safety violations. Any type of infraction could have contributed to the crash, such as an unsafe load, unsecured hazardous materials, or a driver operating despite an out-of-service order. In these events, injured victims may be able to sue the trucking company for negligence. It’s critical to hire a no-win-no fee truck accident lawyer if you’ve been injured in an 18 wheeler accident. Call us today for a free no obligation case review and consultation.

Commercial trucking companies and their drivers are responsible for the safety of their transports. Commercial trucks pose significant risks of injury and even a wrongful death to other roadway users. They are much larger and heavier than passenger cars, leading to catastrophic collisions. Unfortunately, truck drivers do not always fulfill their responsibility to drive safely. They often engage in dangerous driver behaviors, such as driving while fatigued.

Is Drowsy Driving as Dangerous as Drunk Driving?

Drowsy driving is a deadly driver mistake. Truck driver fatigue is behind hundreds of fatal commercial vehicle accidents every year. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2018, 4,862 fatal traffic accidents in the U.S. involved large trucks. Investigations have shown that about 13 percent of truck accidents are connected to truck driver drowsiness or fatigue. Studies have shown that driving drowsy is comparable to driving under the influence of drugs or alcohol. According to the Centers for Disease Control and Prevention, operating a vehicle after not sleeping for 18 hours impairs a driver the same amount as having a blood alcohol content (BAC) level of 0.05 percent. Driving after being awake for at least 24 hours is the equivalent of a BAC of 0.10 percent. The legal BAC limit in Texas is 0.08 percent. The legal BAC limit for a commercial driver, however, is only 0.04 percent. Both drowsy driving and drunk driving place a driver in a state of impairment that can impede the ability to safely control and operate a motor vehicle. Like drugs or alcohol, fatigue can reduce reaction times, affect coordination, weaken the muscles and make a driver less alert. This can increase the risk of a truck driver causing a serious accident, such as a rear-end collision, chain-reaction accident or jackknife accident.

Why Are Truckers More Likely Than Other Drivers to Drive While Fatigued?

Any driver in San Antonio could be guilty of driving while drowsy or fatigued. However, commercial truck drivers are especially notorious for making this mistake. They are more likely to drive while fatigued than most other types of drivers due to the unique conditions of their work environments. Some of the most common causes of truck driver fatigue include:

• Long hours on the road alone
• Reversed sleep schedules
• Physical or mental exertion
• Trouble sleeping/inadequate sleep
• Time changes
• Sleep apnea
• Poor diet or obesity
• Medical conditions
• The use of stimulants such as coffee

Truck driver fatigue is so common that the FMCSA has a rule in place to try to prevent this dangerous driver mistake, known as the hours-of-service (HOS) regulation. The HOS regulation has a maximum number of hours that truck drivers are permitted to be on the road at a time. No commercial motor vehicle driver may drive beyond 14 hours in a single day. Drivers must also take 30-minute rest breaks after 8 hours of driving time. Many trucking companies, however, encourage their drivers to break HOS rules to make deliveries faster. This can lead to preventable truck accidents.

Who Is Liable for Truck Accidents Caused By Driver Fatigue?

If driver fatigue causes a truck accident in Texas, the person or party most responsible for causing the collision will have to pay for damages. This is how Texas’s tort-based insurance system operates. Although the drowsy truck driver is technically responsible for his or her dangerous mistake, the rule of vicarious liability may hold a trucking company financially responsible for the collision. Vicarious liability holds employers responsible for the actions of their employees who were performing job-related tasks at the time of an accident. If a fatigued truck driver was an employee of a trucking company at the time of the wreck, the company could be vicariously liable for damages. The trucking company could also be directly liable if it contributed to the accident by encouraging a driver to violate safety rules. If the driver was an independent owner/operator, however, he or she may be individually liable for the crash.

Contact a Truck Accident Attorney Today

If you believe you were injured in a truck accident caused by truck driver fatigue, contact the San Antonio truck accident attorneys at The Law Firm of Aaron A. Herbert, P.C. We offer free and confidential consultations.

Roadway lighting plays a large role in driver safety. Adequate road lighting makes it easier for drivers to identify signs, other vehicles, and hazards. Though proper lighting is crucial for all drives, it’s particularly important for those manning big rigs. Commercial truck drivers depend on streetlights to guide them down urban and rural roads and to help stay them awake and alert. Inadequate roadway lighting in Texas can be dangerous and result in preventable truck accidents. It is up to each city to install and maintain roadway lighting to reduce this risk.

The Risks of Nighttime Driving

There were more than twice as many traffic accidents in “dark, not lighted” conditions (29,757) than “dark, lighted” (12,744) in Texas in 2016. It is more difficult for any driver to maneuver safely as roadway light diminishes. Most urban highways in Texas have some kind of lighting system, but rural highways and smaller roads often do not. This increases crash frequency and severity. There is a high risk of accidents when lack of proper lighting is combined with long nighttime driving hours and drowsy truck drivers. Truck drivers aren’t the only ones who suffer in poor lighting. It is difficult to see 18-wheelers in the dark, despite their large size. The non-reflective sides of most trailers make them almost invisible in low-light conditions. Trucks should have reflectors or lights on the top and bottom of the trailer to help improve visibility. Broken lights or no lights at all can lead to another driver plowing straight into the truck. In these cases, the trucking company may be liable for the accident. The city also may also be responsible for poor roadway lighting.

Who May Be Liable?

After a truck accident, a victim’s first thought is likely to hold the driver liable. This may be the case if the driver behaved in a way that breached industry standards, such as falling asleep behind the wheel. If a dangerous roadway condition contributed to the crash, you may be able to hold the city of San Antonio (or other municipality) responsible. Inadequate roadway lighting is a dangerous condition in the eyes of the law. What constitutes “inadequate lighting” depends on the specific area. Factors a city must consider when deciding where and how to install lights include:

• Traffic volume and speed
• Nighttime road use and crash rate
• Road geometrics
• General nighttime visibility
• Style, height, and brightness of the fixtures

Partial lighting may be adequate and reasonable for conditions in some areas. In others, a specific type or brightness of light may be necessary. An investigation will reveal whether the city fulfilled its duties in installing a certain type of light for the particular section of roadway. If the courts decide that the city failed to provide lighting to protect drivers, victims of light-related truck accidents may be able to recover compensation. Suing a municipality in Texas is possible, but it is more difficult than typical lawsuits. Since commercial vehicle accidents are very different from car accidents, you should seek help from an attorney specializing in large truck accidents if you think you have a case against the city for inadequate roadway lighting.

Tractor-trailer accidents can lead to catastrophic property damage, severe injuries, even deaths. These accidents can happen for any number of reasons, including driver errors, faulty vehicle parts, poor maintenance, or aggressive driving. When a person suffers an injury in a trucking accident, he or she may attempt to pursue a personal injury lawsuit against the truck driver or trucking company. While some cases are open and shut, others are more complex, may involve multiple defendants, or there may simply be a lack of evidence that could help reach a speedier conclusion. Trucking companies carry insurance coverage for personal injury claims and often employ response teams that travel to accident sites to gather evidence. These responders look for any evidence to protect their employers from legal entanglements with plaintiffs injured in trucking accidents.

Common Defenses for Trucking Companies

The first step in handling any type of personal injury claim is establishing fault. While the plaintiff must prove the trucking company is at fault for his or her injuries, the trucking company will look for any reason to disprove or cast doubt upon a plaintiff’s claims. Some of the most common defenses these companies will use include:

• Plaintiff fault. Some states follow comparative negligence laws that allow plaintiffs to secure compensation for damages even if they are partially to blame for those damages. In trucking accident cases, the trucking company will likely look for any evidence that the plaintiff is at least partially to blame for an accident.
• Third parties. A trucking company may claim that a third party unrelated to the plaintiff or the trucking company caused the accident in question. In these cases, the trucking company must be able to prove a third party had a hand in the accident and may need to collect evidence such as traffic camera data.
• Honest accidents. If the trucking accident occurred due to an unavoidable accident or honest mistake, the trucking company may be able to prove the driver was not negligent and the accident was inevitable. In these situations, the trucking company’s liability coverage may go toward the plaintiff’s damages, but the trucking company may escape liability for negligence.
• Plaintiff exaggeration. Plaintiffs can only sue for actual harm suffered or measurable losses. The trucking company may argue that the plaintiff overestimated his or her losses or did not suffer any actual damages.
• Lack of evidence. A trucking company may cite lack of proof of injury as evidence that the plaintiff lied or exaggerated his or her injuries. Plaintiffs should be certain to secure as much evidence as possible to prove the extent of their injuries and other damages. This also means providing evidence that a plaintiff’s medical treatment was appropriate, given the situation and the plaintiff’s injuries. Additionally, if the plaintiff claims lost wages as damages in a lawsuit, the plaintiff must be able to provide evidence of the lost income.

Plaintiffs injured in trucking accidents should work quickly to secure legal representation if they feel a truck accident lawsuit is necessary. The right attorney will help build a strong case with all the necessary supporting evidence for reaching a satisfactory verdict and help hold negligent trucking companies and drivers accountable for their actions.

Tractor-trailers are vital parts of the American economy and transportation network, but they are also inherently more dangerous than smaller vehicles on the road. Trucks that pull tankers full of liquid goods, including gas and oil, can be even more dangerous. If these tanker trucks roll over, they can cause catastrophic damage, severe injuries, even fatalities. Depending on what a rolled-over tanker truck carried, the spilled contents can also present a serious risk of additional injuries as well as environmental hazards or public health emergencies. Statistics indicate that almost 80% of all tanker truck rollover accidents happen due to some level of driver error. While truck drivers must obtain special certifications to perform their jobs and generally have more miles of driving under their belts than typical drivers, it is still crucial for them to understand the risks of driving tanker trucks and follow a few best practices to avoid rollovers.

Speed Control

Large trucks cannot stop or slow down as quickly as smaller passenger vehicles. They also require much longer distances to come to a complete stop. If a tanker truck driver is travelling too fast or not paying enough attention to other vehicles on the road, the driver may not have time to slow down or stop to avoid a collision. Tanker truck drivers can easily cause rollovers if they swerve to avoid a collision while traveling at speed. The sudden change in direction will cause the trailer to tip and probably fall over. Speed is also a problem for turning. Tanker truck drivers need to account for changes on the road, and taking a sharp turn at high speed can easily cause a tanker truck to rollover. Drivers should reduce speed for turns and accommodate their vehicles’ size and weight.

Sudden Movements

Tanker truck drivers should do everything possible to avoid any sudden movements or jerking of the steering wheel. If a driver needs to suddenly turn to avoid another vehicle, the driver can unintentionally cause the tanker truck to rollover by oversteering or making the move too quickly. Tanker truck drivers can prevent rollovers by staying vigilant for changes in traffic patterns and avoiding reflexive sudden movements.

Plan Ahead

Tanker truck drivers can avoid rollovers by carefully planning routes ahead of time. By studying a route’s topography, known hazards, and any other elements like road construction on the route, drivers can make their deliveries with additional confidence. A driver who is not expecting a sudden change in road conditions is more likely to suffer a rollover accident, so preparation before every trip is important. Trucking companies must ensure their drivers receive thorough training and have the experience necessary for handling tanker trucks. Most tanker trucks carry valuable goods, including fossil fuels, so trucking companies and their drivers have a high duty of care to ensure they do not put other drivers at risk with unsafe driving. Other drivers should be wary of all tractor-trailers on the road, especially tanker trucks, and avoid driving aggressively near them. Caution and good judgment from all drivers can help prevent tanker truck rollovers. If you’ve been injured in a 18 wheeler accident it’s best to have a San Antonio 18 wheeler accident attorney review your case to see what compensation is available for you and your family.

A successful truck accident injury claim in Texas can result in damages paid for your related injuries and losses. Damages is the legal term for financial compensation. You may know that you are eligible for the reimbursement of your medical costs and vehicle repairs after a truck accident; you may not realize, however, that you could also recover for pain and suffering. Learn more about this category of damages to make sure that you request the full value of your claim.

What Types of Damages Can You List as Pain and Suffering?

Pain and suffering is also referred to as noneconomic damages. This is a type of financial award available to cover a plaintiff’s intangible losses associated with the accident. Truck accidents are not only about economic losses such as hospital bills; crash survivors also suffer a significant amount of personal grief, distress and anguish. The civil justice system allows victims to seek financial compensation for these losses, which may include:

• Physical pain and suffering
• Permanent scarring or disfigurement
• Lost physical capabilities
• Emotional distress
• Trauma
• Mental anguish
• Post-traumatic stress disorder
• Anxiety or depression
• Diminished quality of life
• Loss of daily enjoyment of life
• Loss of consortium
• Grief over wrongful death

Another word for noneconomic damages is general damages. It is given this term due to the fact that the average plaintiff will reasonably suffer these losses in such an accident. This is in contrast to specific damages, which is the term for the exact economic losses associated with a truck accident, such as medical bills and lost wages.

Proving pain and suffering is more difficult than proving economic damages. You will not have receipts giving an exact value for pain and suffering. Instead, proving this type of loss will take evidence such as witness testimony, testimony from your therapist or psychologist, a medical diagnosis for a mental health condition, photographs, videos, and an injury journal.

What Is the Average Pain and Suffering Award in a Truck Accident Case?

The pain and suffering associated with a truck accident can be immense. Many truck accidents are catastrophic due to the size and weight of the big rig. A catastrophic accident means that it causes detrimental damage to a victim, such as a traumatic brain injury, spinal cord injury with paralysis or the loss of a limb. Many truck accidents are also fatal.

There is no average pain and suffering amount awarded in a truck accident case. If an injured crash victim receives pain and suffering damages, the amount given will depend on factors unique to the specific case, such as the severity of the victim’s injuries. A jury has full discretion over the value of a pain and suffering award, meaning they can choose any amount deemed appropriate. The jury may or may not use an established method to calculate pain and suffering.

The pain and suffering endured as an injured victim or surviving loved one cannot be measured in dollars. Seeking compensation for your personal losses, however, is a form of justice against the at-fault party that can help you move forward. A fair award can allow you and your family to look toward the future with greater financial stability and peace of mind.

How Do You Get the Amount That You Deserve?

Pain and suffering is an important part of your truck accident lawsuit. This is often the amount that you get to keep after paying off your medical debts and attorney’s fees. The value of your pain and suffering can be substantial in a serious or catastrophic truck accident case. Be aware, however, that an insurance company may try to get you to settle for a low amount.

The best way to fight for the settlement or judgment award that your case demands is with assistance from an experienced truck accident attorney in Dallas. An attorney can help you better understand pain and suffering, calculate a fair amount, and negotiate a positive outcome on your behalf. An attorney can help you avoid settling for less than you deserve.

Insurance companies are for-profit. Although they advertise with slogans such as, “On Your Side,” they do not care about you as much as they care about their bottom lines. This is why it is important to understand how to deal with an insurance company after a truck accident. If you wish to obtain a fair settlement, take certain steps to protect your rights.

Be Polite But Guarded

You may know that an insurance company doesn’t want what is best for you, but you should still remain polite during conversations with insurance representatives and claims adjusters. Being rude or angry will not convince the insurance company to give you a better settlement. Be friendly during your conversations, while at the same time being wary of their tactics and conscious of protecting yourself.

Don’t Admit Fault

First, do not admit fault for the truck accident. Do not take accountability for the accident or say that you’re sorry, as this could be taken as an admittance of guilt. Even if you believe you played a role in the accident, something else may have also contributed, such as a dangerous roadway or distracted truck driver. Rather than admitting fault upfront and losing your right to recover, wait for an investigation to determine the cause of the crash.

Keep Your Answers Short and Simple

The insurance claims adjuster will begin the investigation by asking you questions about the truck accident. Keep in mind that the trucking company’s insurance carrier wants the truck company to win. Even if you are speaking to your own insurance provider to resolve your claim, they will want to diminish your payout as much as possible.

Rather than giving the insurance company too much information with long, narrative answers, keep your answers short and to the point. Give the facts of the case as you know them, such as the date and location of the crash, but do not speculate. If you don’t know the answer to a question, say this. If you don’t feel comfortable speaking to a claims adjuster after a truck accident, you have the right to hire an attorney to communicate on your behalf.

Decline to Give a Recorded Statement

Requesting a recorded statement from you is a common tactic used by insurance companies to get you to say something that they can use against you later. If you are recorded as saying that your injuries aren’t very serious, for example, it can be more difficult to obtain fair compensation if you are diagnosed with further injuries later. Never say yes to giving a recorded statement to an insurance company. Instead, politely explain that you or your attorney will submit a written statement later.

Understand Your Rights

You have more power than you might realize during insurance claim negotiations after a truck accident. Although the insurance representative working on your claim may sound confident in an assessment of your losses or the value of your claim, this is a strategy to convince you to settle for less than you deserve. Disregard scare tactics, such as telling you that a settlement is the best or final offer. You always have the ability to negotiate for a better settlement value, even if that means taking your case to court.

Hire a Truck Accident Attorney for Assistance

Insurance companies are experts at devaluing claims and diminishing client payouts. Trucking companies are also practiced at using their significant resources to dismantle claims against them. For example, they often send rapid response teams to the scenes of truck accidents immediately – even before the police arrive – to investigate and collect evidence. While these teams are allegedly unbiased, they work for the trucking company and may interfere with your ability to collect evidence of your own.

The best way to level the playing field between you and an insurance company after a truck accident is by hiring a truck accident attorney in Dallas. An attorney understands the tactics used by insurance companies to avoid liability and large payouts and can help you navigate your claim for the best possible outcome. An insurance company is more likely to take you seriously and treat your claim fairly if you hire a lawyer to represent you.

Being involved in any type of traffic accident in Texas can be frightening and confusing. It is normal to feel overwhelmed and not know exactly what you are supposed to do in the aftermath of a crash. This is especially true in a serious or catastrophic accident, such as one involving a commercial truck. There are many different causes for these types of accidents, so we’ve compiled some helpful tips for you. If you need to, write down the following steps and keep the list in your glovebox for emergencies. Taking the correct steps immediately after a truck accident can go a long way toward protecting your legal rights as a victim.

Report It to the Police

Always call the police after a truck accident in Texas. State law requires immediate crash reporting to local law enforcement if the accident involves property damage in excess of $1,000, or injuries or deaths. Most truck accidents meet this threshold. Even if you’re not sure if your crash is serious enough to require reporting, calling the police can help you by creating an official accident report with key details about the crash. Your insurance company will ask for a copy of this report later to process your claim.

Exchange Information With the Truck Driver

While you are waiting for the police to arrive, do what you can to gather information. If you are too badly injured, let the police get this information for you while you’re assisted by paramedics. If possible, however, you should always exchange information with the other driver. This includes your full name, address and insurance information. It can also be helpful to write down the truck number and name of the trucking company (often found on the side of the cab of the truck), as well as the vehicle registration and license plate numbers. You will use this information for your insurance claim.

Take Pictures at the Crash Scene

If possible, take pictures at the scene of the truck accident before you leave to go to a hospital. Photographs and videos of the crash before it is cleaned up can provide important information about why the crash took place, such as photographs of a dangerous pothole in the road or a blown-out tire on the truck. If you are too badly injured to take photos yourself, ask someone else at the scene to take them for you, such as the reporting police officer, a friend or family member, or an eyewitness. Writing down eyewitness information can also be useful.

Go to the Hospital Immediately

Never delay in seeking medical care after a traffic accident. Even if you don’t have health insurance, you’re in a hurry to get somewhere or you feel fine, it is imperative to take the time to see a doctor right away. Delaying medical care can make it more difficult to obtain fair compensation from an insurance company, even if you didn’t cause the accident, as the insurer may allege that you failed to mitigate your injuries by waiting too long to see a doctor. Keep in mind that some injuries have delayed symptoms due to the adrenaline of the crash. Getting an immediate medical evaluation can diagnose a hidden injury.

Contact Your Insurance Company

Call your auto insurance company as soon as possible – ideally within 24 hours of the truck accident. Explain that you were involved in an accident with a commercial truck and provide the basic details about the crash, such as the time, date and location. Do not admit fault for the accident, however, and do not agree to give the insurance claims adjuster a recorded statement.

Remember that your insurance company is not on your side. The insurer wants to save itself money by minimizing your payout. Whether or not you manage to carry out all of these steps, a truck accident lawyer in Dallas can help you with an accident claim. A lawyer can assist you with the necessary processes while protecting your rights. A lawyer can also negotiate with an insurance company to increase your chances of securing fair compensation.

The Federal Motor Carrier Safety Administration (FMCSA) has hundreds of rules in place to improve the safety of the commercial trucking industry. One such rule is that all truck drivers must keep daily logbooks that record duty statuses, operations, and other information. Section 395.8 requires electronic logging devices (ELDs) in most commercial trucks. It is shocking how often truckers and companies disobey this rule and “cheat” on their logbooks to cover up inappropriate or dangerous behaviors. Safety violations and abuses of the federal regulatory process can quickly lead to tragic accidents in Texas.

Why Do Truckers Cheat the Logbook System?

Drowsy truck driving is a major problem on Texas’s roadways. It is impossible for drivers to operate a truck safely when they are tired or even falling asleep. Truckers are especially at risk for drowsy driving because of long hours on the road, pressure from bosses to meet deadlines, and being alone in the cab. The FMCSA strives to reduce this dangerous behavior with the ELD and hours of service rules. Unfortunately, drivers who lie about their daily activities easily circumvent these laws. Here are a few possible ways to cheat the system:

1. Create fake logbooks. Some truckers and trucking companies still falsify their logs, though this problem is diminishing thanks to the ELD requirement. They create logs with made-up information to present to authorities in the event of inspections, but they do not actually fill them out daily, as they should by law.
2. Lie about information. Drivers may create duplicate logbooks, so that they may have one “good” one on hand in the event of an unexpected inspection. They may also fill out logs much later than required to cover up hours of service regulation violations or fill out the book with dishonest information.

Truck drivers may lie on their logbooks to drive past their hours of service regulations or break other FMCSA rules. They do this to meet deadlines, receive fast delivery bonuses, and get home to their families faster. Unfortunately, broken rules greatly increase the risk of accidents. There is a reason the FMCSA requires daily activity logging – to prevent truckers from breaking the rules. Entries should be current, accurate, and truthful, not falsified for the trucker’s personal gain.

Logbooks and Personal Injury Claims

Daily logbooks can serve as hard evidence of a truck driver’s negligence in truck-related personal injury claims. Acquiring a driver’s logbook or ELD records is an important step in the investigation phase of any truck accident. This document can show proof of a driver breaking the FMCSA’s rules by disobeying hours of service or other regulations. If a driver falsified the books, a thorough investigative team may be able to catch the driver cheating – also proving negligence. If a truck driver caused a serious accident or wrongful death, a truck accident attorney in San Antonio can most likely discover whether he or she cheated on the logbooks. This may take comparing the book with shipping documents and black-box data from the truck itself. Unexpected inspections and electronic logs can also uncover truckers cheating the system. Seek help from a Texas truck accident lawyer after an accident in which you suspect a trucker broke an FMCSA safety rule. Analyzing the logbooks and checking for cheating may be necessary to prove your case.

Have You Experienced A Texas Truck Accident?

Have you experienced a Texas truck accident? Truck accidents are often caused by careless or reckless actions made by the truck driver or commercial trucking company. If one or more parties reasonably could have prevented your truck accident in Texas, you may be eligible for financial compensation. Working with a truck accident lawyer in Dallas about the most common causes of truck accidents can help you determine if you have grounds to bring a claim in Dallas.

Truck Driver Error

Driver error is the most frequent cause of commercial truck accidents in the U.S. According to the Federal Motor Carrier Safety Administration (FMCSA), 4,862 fatal traffic accidents involved large trucks in 2018 alone. Driver-related factors are the leading cause of these wrecks. Some of the most common mistakes that truck drivers make are:

• Speeding
• Following too closely
• Aggressive driving
• Driving while distracted
• Driving under the influence of drugs or alcohol
• Making unsafe lane changes
• Unsafe passing
• Vehicle Defect
• Using the incorrect braking techniques
• Running red lights or stop signs
• Driving recklessly
• Drowsy Driving

Trucking companies are responsible for the errors and mistakes of their drivers through a legal theory known as vicarious liability, in most cases. Under federal law, this rule applies even when the truck driver is an independent contractor and not an employee of the company. Trucking companies have greater insurance coverage than individual drivers, in most cases. Holding the company responsible, therefore, can help you recover fair and full compensation.

Truck Driver Fatigue

Truck driver fatigue is a serious issue in this industry. Driving alone on overnight shifts, strange sleeping schedules and health problems such as sleep apnea increase the risk of driver fatigue in trucking compared to typical motor vehicle drivers. If a trucker is too tired to pay attention to the road or properly control the big rig, this can result in preventable collisions, such as rear-end accidents.

Lack of Proper Driver Training

A trucking company has a responsibility to ensure the reasonable safety of its drivers. The company must conduct background checks on job applicants and properly train its drivers before sending them out on the road. Cutting corners in driver hiring and training to save time or money can lead to dangerously incompetent or inexperienced truckers.

Violated Federal Safety Regulations

It is also a trucking company’s responsibility to obey all applicable federal and state safety laws. The FMCSA has rules in place to increase the safety of the commercial trucking industry, such as hours-of-service maximums, truck inspection and repair requirements, and cargo securement laws. Carelessly or knowingly violating any of these rules can increase the risk of a collision.

Poor Vehicle Maintenance

Lack of appropriate truck maintenance can lead to part breakdowns while on the road, including tire blowouts and brake failure. Equipment malfunctions can lead to a loss of vehicle control and related truck accidents. It is a trucking company’s responsibility to properly inspect, repair and maintain its fleet vehicles, as well as a truck driver’s duty to inspect the vehicle daily before driving.

Cargo Securement Problems

Cargo securement is a major part of commercial trucking. Whether the truck is towing a closed trailer or an open flatbed, the trucking company, cargo company, cargo loaders and others responsible for the cargo must follow certain procedures to make sure nothing falls off of the truck. In addition, cargo loaders must ensure the proper distribution of weight in the bed of a truck to prevent shifting in transit that could cause a rollover accident. The transport of hazardous materials also comes with special rules and procedures.

Did Someone Else Cause Your Texas Truck Accident? Consult With a Truck Accident Lawyer in Dallas

If you suspect a truck driver, trucking company or another party of causing your truck accident in Texas through a preventable mistake, consult with a truck accident lawyer right away. You may have the right to file a lawsuit against one or more parties in pursuit of justice in the form of financial compensation for your losses. An attorney can investigate your crash to determine fault, collect evidence against the defendant(s) and help you negotiate for the compensation that you need to move forward.

Semi truck drivers have high standards of care they must obey behind the wheel. Like other drivers, they must follow roadway rules and speed limits. They must also meet federal guidelines for safe and prudent driving. A negligent, careless or reckless semi truck driver could endanger everyone else on the road. If you notice reckless driving behaviors from a truck driver in Dallas, report the driver to the authorities. Reporting a reckless semi truck driver or unsafe rig could prevent a catastrophic truck accident. If you have been hurt by a careless big rig driver speak to a Dallas truck accident lawyer.

How to Report a Truck Driver for Endangerment or Reckless/Dangerous Driving

Reckless driving exceeds the parameters of negligent driving. Driver negligence is unintentional. A truck driver may not notice he or she is exceeding the speed limit or not paying enough attention to the road. Reckless driving, on the other hand, demonstrates a marked lack of regard for the consequences of the driver’s actions. A reckless truck driver shows a wanton disregard for the safety of others. Reckless or dangerous driving can include texting and driving, tailgating, excessive speeding, weaving through traffic or illegal passing.

Reckless endangerment is even more serious than reckless driving. It is when a truck driver engages in conduct that creates a significant risk of serious injuries or death to others. Reckless endangerment is a crime in Texas and most other states. Examples of reckless endangerment by a truck driver can vary from driving under the influence of drugs or alcohol to operating a truck without being qualified to do so. As a motor vehicle driver, if you notice a truck driver that may be guilty of reckless driving or reckless endangerment, you can report the driver to the authorities.

If the truck driver appears to be putting other people’s lives in danger, call 911 to report a safety emergency. Keep your distance while you describe the situation and give the police information such as the truck’s license plate number. If it is a nonemergency situation, contact the Department of Transportation (DOT) directly. You may complain online or over the phone at (855) 368-4200. The DOT can send officers to detain the truck driver or otherwise investigate the situation. Reporting a reckless truck driver could prevent a serious or deadly accident in Dallas.

Preventing Semi Truck Accidents

It is largely up to the trucking company and its drivers to prevent semi truck accidents. They are the parties responsible for ensuring the safety of its big rigs, as well as its drivers and other employees. A trucking company must follow strict standards of care during procedures such as hiring drivers, training them and testing for drugs. The trucking company is also in charge of fleet maintenance and repairs. Any breaches of duty within these standards could contribute to a semi truck accident.

As a passenger vehicle driver, you could also have the power to prevent a semi truck accident. Stay alert and pay attention while driving around Dallas. A truck driver could exhibit signs of negligent or reckless driving prior to causing an accident. If you notice a truck driver drifting between lanes, weaving through traffic, speeding, ignoring roadway rules, falling asleep behind the wheel or otherwise driving recklessly, report him or her to the correct authorities. You may be the reason the police revoke the driver’s commercial license or penalize the trucking company, taking the dangerous truck or driver off the road.

You should also report any noticeable equipment or truck maintenance problems. If the truck appears in a state of disrepair, with worn-out tires, for example, report what you see to the DOT. Give the truck number during your phone call to help the DOT track down the correct semi truck. Unsafe equipment or a truck in poor condition could ultimately cause an accident. Poorly maintained big rigs or reckless drivers always bear reporting in Texas. Talk to a Dallas personal injury lawyer if you have been endangered or hurt by a reckless driver.

Sleep apnea is a condition in which the sleeper experiences obstructed airways repeatedly during sleep. Some people may have obstructive sleep apnea, in which blockages in the upper airway reduce or stop airflow. Others may have central sleep apnea, in which the brain stops sending signals for the need to breathe. Sleep apnea sufferers may experience interrupted sleep and feel more tired during the day.

As someone whose career relies on the ability to safely operate heavy equipment, it is clear how sleep apnea could be dangerous. Sleep interruptions due to this condition could make a commercial driver unfit to be behind the wheel. Studies on the rate of sleep apnea among truck drivers shows disturbing trends and correlations that could put lives at risk. Get the facts on sleep apnea and commercial trucking here.

3 Risk Factors for Developing Sleep Apnea

Although anyone could develop obstructive sleep apnea, certain factors can increase the likelihood of getting this condition. Some have to do with age, while others relate to lifestyle. Your chances of developing sleep apnea increase if you have a family history of this condition or of snoring, a large neck circumference, large tonsils, and a small lower jaw. The following, however, are three of the most prevalent risk factors:

1. Men are up to three times more likely than women to develop sleep apnea, according to the Mayo Clinic. Central sleep apnea is more frequent in men than women. However, women may increase their risk if they are obese.
2. Being overweight has one of the most significant correlations with sleep apnea. Obesity impacts sleep apnea by constructing one’s airways with extra fatty deposits around the neck. Obesity can obstruct breathing while a person tries to sleep.
3. Middle-age. Sleep apnea is more common in middle-aged and older adults than younger people. As sleepers age and develop conditions such as congestive heart failure, high blood pressure, type 2 diabetes, the need to take sedatives, the risk of sleep apnea increases.

All three of these risk factors are prevalent amongst employees in commercial truck driving. The trucking industry today is mostly male, with the number of female workers driving trucks hovering only around 4-6%. Obesity is more common in truckers than other types of workers (69% vs. 31%, respectively), due to long hours sitting and having to settle for unhealthy meals on the road. Most truck drivers are middle-aged as well, with millennials statistically reluctant to join the trade. Thus, the most common factors in truck driving and sleep apnea are one in the same.

The Dangers of Sleep Apnea in Truckers

The rate of sleep apnea in truckers puts everyone on the road in danger. It’s a common enough problem that the Federal Motor Carrier Safety Administration, the organization in charge of commercial trucking safety, has a page dedicated to the condition. Although President Trump recently canceled the requirement for sleep apnea screening in truck drivers, it is still a serious safety risk of which everyone should be aware.

As a truck driver, learn how to recognize the symptoms of sleep apnea and seek help if you believe you have this condition. You can manage sleep apnea and avoid drowsy driving. As a driver, pay attention when driving around truckers in Texas. Signs of a drowsy driver include drifting between lanes, coming to sudden stops, and driving off the road.

Keep your distance from commercial trucks and call the police to report the vehicle if you see signs of erratic truck driving behaviors. If you get into an accident with a trucker who has sleep apnea, the company could be liable for your damages. Contact a Dallas truck accident lawyer for more information.

Winter presents many challenges to drivers of all types of vehicles, but truck drivers who handle large tractor-trailers or big rigs need to be extra cautious on winter roads. Big rig accidents are some of the most damaging motor vehicle collisions possible and typically result in extensive damages for all parties involved. This winter, it’s vital for everyone to know how big rig accidents happen during the colder months. According to annual averages collected by the U.S. Department of Transportation’s Federal Highway Administration, about 21% of vehicle crashes logged over a 10-year period involved poor weather conditions.

Speeding

Speeding is generally dangerous for all drivers in any situation, but for big rigs the danger is exponentially greater. A tractor-trailer needs much more time and distance to come to a stop from high speed than a smaller passenger vehicle due to its heavy weight and large size. Speeding on roads with patches of ice or pools of water can be exceptionally dangerous. High winds also pose a risk to truck drivers driving tractor-trailers with empty trailers. These vehicles have high centers of gravity, and strong wind can be enough to cause a tip-over. Traveling at high speeds, especially around curves, compounds this danger.

Poor Visibility

It’s more difficult for all drivers to see in fog, rain, snow, or any other type of precipitation. Drivers should engage safety features such as lights and wipers as necessary and use extra caution during inclement weather. A study from AAA conducted over a five-year period concluded that rain contributed to more than 9% of crashes. Rain is dangerous, because it not only affects the quality of the road surface and vehicle tire traction but also impedes visibility.
During any type of limited visibility, all drivers should use extra caution and adjust their speeds as necessary. In some states, police have the power to conduct traffic stops if a driver is “traveling too fast for conditions.” For example, the posted speed limit on a stretch of road is 55 mph, and a driver is traveling at 52 mph during a severe storm. A police officer may conduct a traffic stop because it is too dangerous to travel at or near the posted speed limit.

Snow, Ice, and Sleet

One of the most prevalent dangers of driving in winter is icy or rain-slicked roads. Vehicles can lose traction with the road surface after hitting ice, snow, or water. Hydroplaning occurs when a vehicle’s tires skim across water on the road instead of the road itself, and snow and ice accumulation can make it difficult for a driver to stop or make necessary maneuvers. Winter precipitation can easily cause multi-vehicle collisions, resulting in significant damages, and determining fault for these incidents can be difficult.
Road surfaces may also sustain damage over time from typical wear and tear, but winter weather conditions can compound the dangers such damage presents. Damaged road surfaces may weaken further from expanding and contracting water as it freezes, thaws, and refreezes, and this may cause chunks of asphalt to separate from the road surface. Infrastructure damage is a common cause of truck accidents, and winter weather is one of the leading causes of infrastructure damage in the country.

Holiday Traffic Congestion

Winter coincides with the holiday season, and that means many more vehicles on the road than usual. Additional traffic congestion naturally leads to a higher risk of accidents, and there are generally more private and commercial drivers on the roads. Tractor-trailers help many companies restock their products for holiday shopping and several delivery services including UPS, FedEx, and the USPS handle the vast number of holiday gifts sent through the mail. This means not only are more private individuals driving passenger cars during the winter, vastly more large trucks and commercial vehicles are on the road as well.
It’s wise for all drivers to use extra caution during holiday season travel. Plan trips before leaving and take care in unfamiliar areas. Always drive defensively, and if you don’t feel comfortable driving in inclement winter weather, wait for conditions to improve before driving, if you can.

The trucking industry is becoming an increasingly competitive place to work. The North American Free Trade Agreement has created more opportunities for truckers throughout North America, and deregulation in interstate trucking has created competition in pricing and deadlines. On some level, competition is essential in a market economy. As it relates to the trucking industry, however, competition can lead to dangers for travelers and truckers. In recent years, experts have raised concerns about safety and compliance in the industry.

Efficiency and Pressure from Competition

One of the largest areas in which competition has become a safety concern is in the efficient delivery of goods. When it comes to transportation of goods, efficiency is synonymous with speed. The need to deliver goods quickly has become a safety issue, as big rig operators are more likely to drive above the posted speed limit or faster than they should in inclement weather. Speeding plays a large role in commercial vehicle accidents, and truckers shouldn’t feel pressure from deadlines that are too tight.

A Lack of Qualified Drivers

To make matters worse, the trucking industry now faces a shortage of qualified drivers. Employers are offering sign-up bonuses and better pay to those looking for a long-haul job. The shortage especially applies to interstate trucking, as these long trips don’t suit a family lifestyle. Even though companies offer powerful incentives to hire more commercial vehicle operators, the turnover rate for these jobs is high. If a long-haul driver on the road lacks experience and proper training it can create a dangerous scenario.

Competition Leads to Driver Fatigue

Driver fatigue plays a large role in accidents involving commercial motor vehicles. Trucking companies can theoretically gain an advantage by keeping drivers on the road longer. The Federal Motor Carrier Safety Administration sets strict guidelines for driver hours, which they must keep recorded in log books. Currently, a driver must take breaks throughout a shift and cannot drive for more than 14 hours in a shift. It’s easy to see how breaking these regulations could lead to accidents for the sake of meeting a deadline. Drivers also combat fatigue by turning to illicit or over-the-counter substances. These substances, like caffeine pills, energy drinks, and even cocaine and methamphetamine, lead to energy crashes that compound fatigue. They also have disastrous consequences when it comes to roadway safety.

Competition Leads to Recklessness

In sum, the deregulation of the trucking industry has had unintended consequences – namely, an increasingly competitive landscape causing trucking companies to value profit over safety. Under pressure from their employers, truckers might drive too fast for prevailing conditions or even neglect their log books to gain a competitive edge. A trucker shortage compounds the problem, as companies struggle to retain and hire experienced drivers. Interstate commercial vehicle operators may lack the skill set or training to assure safety on our roadways. Drivers must use caution when driving, but especially when sharing the road with commercial motor vehicles. Increased competition has had a negative effect on public safety.

Motor vehicle accidents involving tractor-trailers and other large trucks often cause significant damage. A person who sustains injuries or other losses from a truck accident will likely have several questions about his or her rights and legal options for recovery. Anyone injured in a truck accident should ask these questions to determine the best next steps.

Who Is at Fault?

One of the most important factors in a truck accident is fault. If one driver, several drivers, or multiple parties bear liability for a truck accident, they are responsible for the resulting damages. When a person suffers injuries in a truck accident, he or she may file an insurance claim to recover medical expenses and other losses. An injured claimant’s insurer will want to know if any other parties bear liability for the claimant’s damages, and the insurer may pursue legal action against the at-fault party to recover the amount paid toward the claimant’s compensation.

In some cases, it may be more beneficial for an injured party to file a personal injury lawsuit against an at-fault driver, especially in cases in which the injured party’s damages exceed the scope of any available insurance coverage. In other cases, a claimant’s fault for a claimed event may come into play. Many states follow comparative negligence laws that limit a plaintiff’s recovery if he or she bears liability for claimed damages. A plaintiff’s comparative negligence in a truck accident claim could diminish the claim’s value, resulting in less compensation for the plaintiff, in proportion to his or her percentage of fault for the incident.

How Much Is My Claim Worth?

If your truck accident claim falls within the scope of your insurance coverage or an at-fault driver’s insurance coverage, you will need to supply evidence of the extent of your claims and their eligibility under the policy in question. If you pursue a personal injury lawsuit for your truck accident damages, you will need to provide clear evidence of not only the extent of your losses, but also proof that the defendant is directly responsible for those losses.

Insurance will generally cover a claimant’s medical expenses and property damage, and additional coverage types may also apply depending on the specifics of a claimed event. If a claimed truck accident escalates to a personal injury lawsuit, the claimant will need to offer evidence of his or her economic and non-economic damages. Economic damages can include medical expenses, lost income, and property damage. Non-economic damages generally include pain and suffering compensation, and different courts use different methods for calculating pain and suffering damages in civil claims.

Do I Need a Lawyer?

A truck accident may result from the actions of one negligent party or several. It’s also possible for a defective product or the negligence of a third party to lead to a truck accident. An injured driver may not know the best course of action for legal recovery, and a reliable truck accident attorney will be a great asset in this situation. An attorney can help with insurance issues and build a strong case for a personal injury lawsuit against a negligent defendant or group of defendants. In the case of multiple defendants, a plaintiff’s attorney can consult with experts to determine each defendant’s level of liability for the plaintiff’s damages.

An attorney in a truck accident case can help an injured client maximize his or her recovery. Trucks are some of the largest vehicles on the road, and truck accidents typically lead to serious injuries, expensive property damage, and sometimes loss of life. Victims of truck accidents should handle their immediate medical concerns after experiencing these incidents and then consult experienced attorneys about their legal options.

We are often asked what should I know about commercial truck black boxes?

While many Americans are aware of black boxes in aircraft that can record flight data to help determine the cause of a crash, few may know that many commercial trucks feature black boxes as well. Most black boxes feature fireproof materials and multiple safeguards that allow them to survive even catastrophic crashes.

Black boxes record different types of vehicle data including speed, direction of travel, electrical interference, any disturbances to the vehicle’s systems, impacts, fuel consumption, and countless other variables that may contribute to crashes. Investigators often rely on black boxes to determine how catastrophic vehicle accidents happen when no one survives to offer a statement. They can also play a significant role in litigation for a commercial truck accident.

Black Boxes Help Prove Liability for Trucking Accidents

Modern tractor-trailers manufactured since the 1990s feature electronic control modules (ECMs) built into their engines. ECMs function very similarly to the black boxes found in commercial airliners and can help determine the cause of an accident. Commercial truck black boxes typically record and store data for a specified amount of time, usually 30 days. The black boxes can track a truck’s gas mileage, average RPMs, time spent traveling at high speeds, overall speed, idling time, airbag deployment, hard stops, GPS coordinates, and many other variables.

Truck manufacturers originally designed ECMs to discourage fraudulent warranty claims but ECMs have recently been more valuable as evidence in truck accident claims to help determine liability. Trucking companies can compare ECM data to driver logs to help with these investigations, and it’s important for injured claimants in truck accidents to secure legal representation as soon as possible. An attorney can help ensure a trucking company preserves potentially crucial black box data for use in a future lawsuit.

Most states generally uphold that the data contained in an ECM is the property of the vehicle’s owner. If a trucking company owns a truck involved in an accident, the trucking company technically has the right to destroy the ECM data. However, some states have enacted laws that prevent trucking companies from destroying ECM data when clear evidence that the data could be crucial to an official investigation exists. Trucking companies may also use tracking modules for their vehicles that record and store additional types of data. An attorney may request protection of these types of recording devices if they contain hours of service logs, pick up and unload times, or other data vital to an ongoing case.

How Can a Black Box Influence My Lawsuit?

A plaintiff’s attorney in a truck accident claim can file for a court order preventing the destruction of crucial data in a truck’s black box or ECM. If the truck driver or the trucking company is liable in any way for the plaintiff’s damages, the ECM data can help establish liability for all parties involved. For example, imagine a plaintiff suing a trucking company after claiming the truck driver made an illegal lane change and crashed into the claimant’s vehicle.

The ECM data may show that the truck’s computer logged a turn signal use right before the collision, countering the claim.

ECM data from consumer vehicles may also come into play in these cases. Many auto manufacturers include systems to record travel and crash data for use in investigations. Following the previous example, the claimant’s vehicle’s ECM data may show the claimant was traveling 20 mph over the speed limit immediately before the crash, establishing the claimant is at least partially liable for the incident.

If you are unsure if or how a black box could come into play for a truck accident claim, your attorney is the best resource for additional information. Your attorney can also file subpoenas for crucial data that can improve your odds of succeeding with a truck accident injury claim and handle insurance issues. Truck accidents often result in significant damages, and a black box is likely to be one of the most crucial forms of material evidence that will come into play in a truck accident lawsuit.

Contact a Dallas Truck Accident Lawyer Today

At Aaron A. Herbert, P.C. we offer a complimentary consultation in which we will examine the facts of your case and advise you on how to proceed.

With 14 years of experience, Texas Board Certification, a client-centered practice focused exclusively on personal injury law, the highest possible AVVO rating, more than 50 jury verdicts, and membership in the Million Dollar Advocates Forum.

You will incur no attorney fees, court, or legal expenses unless you recover. Time to file is limited by state law, so call today at (214) 949-1657 to speak with an experienced car accident lawyer who can protect your right to a monetary recovery.

Commercial truck drivers have special rules and laws they must obey. Since they control vehicles that can exceed 80,000 pounds for a living, they must respect these rules for the safety of everyone on the roadway. The Federal Motor Carrier Safety Administration (FMCSA) issues these rules for all truck companies and drivers in the country to follow. One of these rules limits the hours of service a truck driver may legally work at a time before taking a break. The hours of service rule aims to reduce the risk of drowsy driving.

FMCSA Hours of Service Regulations

A tired driver is a risk to everyone on the road. Drowsy driving can be just as dangerous as drunk or impaired driving. Truck drivers are more at risk of drowsy driving than typical motorists for several reasons: they drive alone for long hours, often work nights, have to sleep on the road and may suffer from sleep apnea. For this reason, the FMCSA enforces strict hours of service regulations.

• Work vs. duty periods. Work according to the FMCSA is a workweek, while duty period is a workday. Since many truck drivers do not work conventional 9:00 to 5:00 hours, the FMSCA bases its regulations on actual hours worked rather than days or hours of the week.
• Seven-day work period. Truck drivers may work seven days in a row but cannot work more than 60 hours on duty in those seven days. If they do work seven consecutive days, they must break for at least 34 consecutive hours before beginning another seven-day work period.
• 14-hour duty period. The maximum duty period for a truck driver is 14 hours. Within this period, a driver may only drive for 11 hours. After 8 hours, the driver must take a 30-minute break. After 14 hours, the driver must take a 10-hour break before another duty period.
• Rest breaks. A commercial driver may only drive if 8 hours or less have passed since the last 30-minute break. A rest break can refer to time off-duty or in the truck’s sleeper berth.

If a truck driver starts his workday at 6:00 a.m., he must take at least a 30-minute break at 2:00 p.m., after 8 hours on duty. Then, he may drive another three hours with or without additional breaks. Once the trucker reaches 11 driving hours and/or 14 total hours on duty, he must stop and sleep or perform other non-driving duties for at least 10 hours before starting another 14-hour duty period.

What Happens if These Are Violated?

A truck driver needs to obey the hours of service regulations. Otherwise, he or she could run the risk of driving tired. Drowsy driving kills. A drowsy truck driver may not have the reflexes or reaction times to successfully stop or maneuver to avoid an accident. A tired trucker may fall asleep behind the wheel, fail to stop or cause a rear-end collision. Drowsy driving can cause catastrophic truck accidents such as truck rollovers, override accidents and head-on collisions.

If an investigation of an accident or a review of a driver’s electronic logging device finds he or she violated the FMCSA’s hours of service rules, the driver and carrier could face penalties. A police officer or an authority from the federal government could assess penalties such as fines at both the state and federal levels. The driver or trucking company could also suffer a reduction in its safety rating. Finally, the driver could face mandatory revocation of his or her driving privileges until the completion of a rest break.

If a truck driver who has violated the hours of service rule causes a truck accident, the trucking company could be liable for damages. The company could be responsible for the negligent actions of its driver, including hours of service violations. The company may have to pay for victims’ medical expenses, lost income, property damages, and other losses. A Dallas truck accident attorney can help you find compensation for your injuries.