Waco Truck Accident Lawyers

Common causes of truck accidents

Every driver should drive carefully and take proper precautions to avoid causing an accident. However, truck drivers must take additional precautions due to the nature of their vehicles.

The large sizes of these trucks can result in decreased visibility for the driver, increased stopping time and distance, and less responsive handling. If a truck driver fails to take the proper precautions or behaves negligently—such as in any of the following, listed ways—it can result in an accident with catastrophic results.

Distracted Driving

Drivers must pay proper attention to the road and other drivers around them at all times. If a driver is distracted by a mobile device, food, or other passengers, they may be unaware of suddenly changing road conditions, which can often lead to an accident.

Driving while tired or sleepy is dangerous for anyone, but truckers must take special care to avoid driving drowsy. Truckers are often on the road for long stretches of time, and they must ensure they are taking adequate breaks and stops for sleep as they travel. They must follow the Hours of Service Regulations established by the Federal Motor Carrier Safety Administration (FMCSA) in an attempt to limit drowsy driving by truckers.

can result in increased reaction times, failure to notice other drivers around them, and a lack of attention to the road and current conditions. As a result, the FMCSA limits drivers carrying cargo to driving a maximum of 11 hours after spending 10 consecutive hours off-duty, while passenger-carrying drivers may only drive a maximum of 10 hours after 8 consecutive hours off-duty.

Driving Under the Influence

Driving under the influence of drugs or alcohol is always dangerous, as drugs and alcohol interfere with a driver’s ability to perceive their surroundings and negatively impact their ability to make decisions. Truck drivers who drive under the influence of drugs or alcohol put every other driver they meet in danger and are reasonably likely to cause a serious accident. Importantly, driving under the influence of drugs can include prescription drugs as well as stimulants to help them attempt to stay awake and alert while trying meet strict deadlines.

Unqualified or Inexperienced Drivers

Trucking companies have a responsibility to hire qualified drivers with the appropriate training required to safely operate a large truck. If a trucking company has lax hiring practices, this may result in unqualified drivers behind the wheel who may not be properly trained to safely drive commercial vehicles. Large trucks require advanced braking techniques in some situations; without proper training, a driver may not be able to properly slow down, which can cause an accident.

Poor Maintenance

Large trucks are often driven long distances, and their weight increases stress on many critical systems, such as tires and brakes. If large trucks are not properly maintained, these critical systems could unexpectedly fail, possibly causing the driver to lose control of the vehicle.

Improper Loading

If a truck is improperly loaded, the load may shift during transport, which can cause the driver to lose control of the vehicle.

Faulty Parts

If a manufactured part on a large truck is poorly manufactured or is defective, it may fail without warning, even if proper maintenance is performed. The sudden failure of a critical part could result in an accident occurring.

WHO MAY BE LIABLE?

In a car accident involving only passenger vehicles, the at-fault driver is generally liable for any damages caused by the accident. Accidents involving commercial trucks can be more complex. A Waco injury lawyer can help you determine who may be responsible after a truck accident.

After your accident, you may be wondering, “Is there a personal injury attorney near me?” Rest assured there is! Contact Zinda Law Group as soon as possible, and we will help you find a qualified attorney to work with as quickly as we can, for your lawyer must begin investigating your accident immediately.

Truck Driver

If the truck driver behaved in a negligent manner, such as by driving under the influence, the driver may be liable. The driver is also responsible for inspecting the vehicle to ensure it has been properly maintained and loaded correctly.

Shipping Company

In many cases, the shipping company that hired the driver and owns the vehicle may be liable in the event of an accident. Shipping companies have a responsibility to ensure drivers they hire are properly trained and have a good driving record. Shipping companies must ensure their drivers’ schedules allow for proper rest along the way and abide by FMCSA regulations.

Shipping companies are also responsible for properly maintaining their vehicles, ensuring they can be safely driven. The shipping company may be responsible for their driver’s actions if their neglect or reckless behavior contributed to the accident.

Loading Company

If another company was responsible for loading the truck, they may be liable for the accident if the truck was improperly loaded, resulting in the contents of the truck shifting during transit and causing the accident.

Manufacturer

If the accident was caused by a mechanical failure resulting from a manufacturing or design defect in the vehicle, the parts or vehicle manufacturer may be liable for the accident.

Accidents involving trucks are often complex cases, and it may be difficult to determine who may be liable, especially regarding parties other than the driver. An accident lawyer from Zinda Law Group who is familiar with these complexities will conduct a thorough investigation of your accident to gather as much evidence as possible to support your claim and help you pursue maximum compensation from any potentially liable parties.

Proving LIABILITY

If you’ve been involved in a Waco truck accident, you may be having trouble dealing with the aftermath of injuries and costly medical bills associated with them. To seek compensation for your injuries, your attorney must first determine who may be liable and gather evidence to prove their liability for your injuries and damages.

A skilled Waco injury lawyer at Zinda Law Group will use his or her experience in helping other Waco truck accident victims to help you build a stronger claim. Having national law firm on your side will level the playing field against the other party, whose insurance company likely has a team of lawyers that will attempt to disprove their own client’s liability. Their goal is to protect their insurance company from having to pay you anything.

To prove a truck accident claim in Texas, you must prove the four key elements of most personal injury cases, which are:

1. Duty of Care

Duty of care refers to the responsibility that drivers must take to help ensure an accident does not occur, such as refraining from texting while driving. Proving that the other party owed you a duty of care will be the first element required to establish the other party’s liability.

2. Breach of Duty

Once a duty of care has been established, it must be shown that the at-fault driver failed to take the warranted precaution and behaved in a negligent behavior. If a driver failed to uphold their responsibility to other drivers, for example, by drinking while driving, a breach of duty exists.

Meanwhile, other parties may have also breached their duty of care, such as a trucking company who hired a driver with a history of traffic accidents. In other cases, a driver’s employer may be vicariously liable for the driver’s breach of duty. Proving this element against the driver can also establish the liability of his or her employer.

3. Causation

Third, your attorney will need to prove this breach of duty, or negligent behavior, actually caused your accident, which means if not for the negligent behavior, the accident would not have occurred. If the driver had not been texting while driving, he would have seen that the traffic light was red, for example. However, if the accident would have occurred regardless of whether the other party breached their duty, then the breach may not be actual causation of your accident, which means you may not be able to prove your claim against that party.

4. Damages

Finally, it must be proven that the victim’s injuries and damages were caused by the accident, and that the accident actually resulted in damages.

Waco accident lawyers who work for Zinda Law Group are familiar with this process of proving all four elements of negligence. Our experienced attorneys will investigate your accident to help determine who may be liable and what may have led to the accident, so that your case can successfully prove these four elements.

The investigation may include examining the scene of the accident, reviewing photos or videos of the accident that may exist, and interviewing witnesses. Your attorney will also seek to secure records—e.g., accident reports, driving records, employee history, and medical records—during this investigation.

Contact skilled Waco truck accident lawyers near you today

As serious as many vehicle accidents can be, truck accidents involving large commercial vehicles can be even more destructive because of the nature of these vehicles. Large trucks are everywhere on Texas roads and highways, which makes it especially important that you become knowledgeable about what to do in the case of an accident with one.

The smallest mistake these drivers make could result in serious, life-threatening, or even fatal injuries for accident victims. If you or a loved one have been involved in a truck accident in Waco, call Zinda Law Group as soon as possible to schedule your free consultation with one of our Waco accident lawyers.

We are ready to discuss how you may be able to pursue maximum compensation for the accident from any and all potentially liable parties. Our skilled team can help you understand your legal options after your accident and allow you to focus on recovering from your injuries while we handle your case for you.

Call (800) 863-5312 today for a free consultation with a skilled injury lawyer near you. You will not pay anything unless we win your case. That’s our No Win, No Fee Guarantee.

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