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Head-On Truck Accident Attorney

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Head-On Truck Accident Attorney

Commercial trucks provide service nationwide. No matter where you live, you will likely see a large truck on your commute or travels. It is common to see motorists grip the steering wheel or avoid these large vehicles. After all, they are dangerous. Commercial trucks weigh more than passenger vehicles, and that is a contributing factor in the severity of collisions. Driver error and negligence are other factors. The most harrowing truck accidents are often those that are head-on.

If you have been in a crash with a commercial truck in Texas, you must speak with a head-on truck accident attorney from TK Injury Lawyers.

The alarming statistics

Fatal truck crashes on interstates account for 27% of accidents. The majority of fatal truck crashes occurred during the week. Nonfatal crashes were even more prevalent, with 87% happening during weekdays. In 2020, there were 13.49 fatal truck crashes for every one million people in the United States. There were 4,842 large trucks involved in fatal crashes in 2020. As industries get back to normal, these numbers will continue to rise.

If you have been in a truck accident or your loved one has passed away, you need legal assistance. Trucking companies work diligently to deny valid claims. They know their trucks are dangerous, and their driver is likely at fault. Yet they will try to delay and downplay accident victims’ losses. Call our office to speak with TK Injury Lawyers today.

Causes of head-on collisions

Collisions happen within seconds, and understanding what happened can take some time. Victims are confused, and many never see it coming. These accidents can be unavoidable if you cannot predict them or have nowhere to go. Many reasons exist why head-on truck accidents happen. The most common is when a vehicle leaves its lane and crosses the median into oncoming traffic. They can occur in other ways, like when a truck driver goes the wrong way.

However, the most common causes of head-on truck collisions include:

  1. Drowsy driving: Truckers are on the road for long periods. They often drive overnight to avoid traffic delays and reach their destinations faster. There are federal mandates for rest periods and time on the road. Sadly, many companies or truckers ignore or circumvent these laws to make deliveries faster. They will falsify records to make up for these indiscretions. Truck companies will also unofficially encourage drivers to participate in these actions. Since it is an unofficial push, the company believes they are absolved of responsibility. That is not the case since they must speak for their employees’ actions.
  2. Distracted driving: All motorists face distractions when driving. However, you choose to participate in distractions or ignore them. Distracted truck drivers are dangerous to the general public. They can cause a slew of accidents, including head-on collisions. Distractions are endless, but the most common include texting, changing the radio, talking on the phone, spacing out, or reaching around for something. On average, trucks travel 60 mph, which is a distance of 88 mph. Considering that highways are 12 feet, it is easy for a trucker to veer into another highway lane while distracted. It takes one second for this to happen and for someone’s life to change.
  3. Driving under the influence: Intoxicated driving is a leading cause of head-on collisions. Drinking alcohol or using drugs impairs judgment, reaction times, and cognitive abilities, which means the driver cannot operate the vehicle safely. Drivers can become intoxicated from prescription drugs since they alter a person’s mental state. It is the user’s responsibility to read prescription instructions and take precautions. When impairment happens to a truck driver, there are deadly consequences. Truck drivers have a larger responsibility because of the vehicles they are operating, as one small mistake leads to devastation.
  4. Medical conditions: This is a cause that is difficult for everyone. Prevention is slim, and there are few ways to stop collisions during a medical episode. Truck drivers can lose consciousness and, therefore, control of the truck. These losses can cause the truck to swerve into another lane, a ditch, or an object. It is imperative that drivers and their employers stay updated on medical conditions and take precautions. If the driver feels or is beginning to feel an episode is imminent, they should alert the supervisor to make adjustments.
  5. Tire blowouts: a blowout can happen to anyone. You will often see tires on the side of the road after these situations. However, when a tire blowout occurs to a truck, it is a high risk. Their sheer weight alone makes a tire blowout perilous. Consider that trucks usually carry heavy loads or change lanes, and a tire blowout quickly becomes deadly. Blowouts can happen from wear and tear or equipment failure.
  6. Vehicle malfunctions: Sometimes, the trucker’s error is not to blame. Truck equipment is essential to the operation. If one thing goes wrong or is out of place, it is deadly. Some parts that often malfunction from lack of maintenance include the steering column, brakes, and tires. This malfunction can cause the truck to hit oncoming traffic head-on.
  7. Speeding: truck drivers will have several stops to make when they get their loads. If there is a delay at one, it can affect the timeline of all deliveries. Late arrivals can impact the trucking companies’ profits and the retailer they deliver to. Keeping this in mind, truck drivers will speed to reach their next destination. They want to make up for lost time at other stops. Other times, they just want to finish their shift earlier so they can take on more work and make more money.
  8. Inadequate training: Drivers should have extensive training to operate a commercial truck. While there are regulations regarding training, some companies go around them. Other times, truck companies are understaffed and will hire drivers that do not have the proper experience or training. When inadequately trained drivers are on the road, it can lead to devastating consequences.
  9. Overloaded trailers: tractor trailers have weight limits. It is essential that when cargo is loaded, it does not exceed its limits. It is also crucial that the weight is distributed through the truck and cargo is properly secured. Sometimes companies will exceed weight limits or leave loads unsecured. The shipment can shift if the truck driver is speeding or runs into a hazard. These runaway trucks can collide with other divers.

Finding the cause of the collision is essential. When our head-on truck accident lawyer determines the cause, they have strengthened your case. Trucks have a lot of tracking information, which can help with your claim. There is black box data, cameras, cargo loading reports, and work time reports. These documents and evidence are essential for your claim.

Potential injuries from head-on collisions

When a head-on collision happens, it is devastating to both drivers. It is worse when it is a passenger vehicle versus a commercial truck. Therese trucks weigh over 80,000 pounds, and taking that head-on is frightening, to say the least. Injuries are often catastrophic or fatal for those in passenger vehicles. Survivors of head-on truck collisions can face lasting injuries like:

  1. Broken bones
  2. Paralysis
  3. Traumatic brain injury
  4. Head and neck injuries
  5. Amputations
  6. Coma
  7. Spinal cord injuries
  8. Amputations
  9. Internal organ damage
  10. Lacerations
  11. Burns and scarring

You should not suffer financially for years to come after a head-on truck collision. The worse your condition is and the longer it will last, the more significant compensation you will need to recover. Some injuries will require family members to become caregivers. That will also require significant compensation. Speak to the head-on truck accident attorney from TK Injury Lawyers.

Finding who is at fault

Head-on collisions are traumatic but can also be easy to determine fault. A vehicle that is on the wrong side of the road is usually the cause of the head-on collisions. However, sometimes the force of the crash can move the vehicles into a ditch or off the road. That can make it confusing for investigators. After an investigation, it is easier to determine the fault party.

The crash liability will be based on who is at fault and the cause of the collision. Injuries will be considered for a claim. To find who is at fault and hold them liable, our head-on truck accident attorney will need evidence. Some of the evidence that can help includes:

  1. Vehicle damage
  2. Position of the vehicles at the acne
  3. Truck maintenance records
  4. Skid marks
  5. Roadway evidence like median damages
  6. Witness statements
  7. Driver statements
  8. Hours of service logs
  9. Event data recorder information
  10. Cell phone records
  11. Police records

It is vital to discuss your collision with a head-on truck accident lawyer. The sooner we can preserve and collect evidence, the better for your case. Evidence can be cleaned up or destroyed, and you cannot get it back once it is gone. Truck companies and their insurers will work hard to cover up negligence. They will have a hard time doing so when you enlist the services of TK Injury Lawyers.

Truck company liability

Trucking companies are responsible for accidents through vicarious liability. The driver must be within the scope and course of employment during the collision. This is the most important factor for insurance claims. The truck driver will have an insurance policy, but the trucking company policy has higher limits. If you are in a head-on truck crash, you likely need substantial compensation for your losses.

Aside from driver actions, a trucking company can be liable for negligent hiring, training, or supervision. These companies are responsible for checking logbooks and ensuring regulations are being followed. If they instead encourage rule-breaking, fail to conduct background checks, and more, they are liable.

When equipment malfunctions, a third party can be held liable. The product manufacturer is responsible for ensuring their products work before they hit consumers. Mechanics are also responsible for installing appropriate parts and warning of potential hazards.

Working with accident reconstructionists might be essential to uncovering what contributed to the accident. Their reports can help us hold the correct party responsible for your injuries. Our head-on truck accident lawyer will look at the evidence and fight for compensation.

Government agencies and your truck accident

Occasionally, a government agency is responsible for contributing to your head-on collisions. Motorists must react when there is improper road maintenance or other dangerous hazards. Sometimes these reactions can cause them to leave their lane. It is important to note if these conditions are present and could have contributed to the crash. If they did, a government agency is liable.

Local governments are responsible for road maintenance, signages, and construction detours. While they might not be fully accountable for the accident, the actions or inactions contributed to your crash. We must hold them accountable. Our head-on truck cine lawyers will determine if a government agency is involved and how to hold them responsible.

Fighting for compensation

Filing an insurance claim aims to recover compensation for your losses. Sometimes this involves recovering wrongful death damages. If you or a loved one suffered injuries or losses in a truck collision, speak to our head-on truck accident attorney immediately. Some of the monetary damages you can pursue include:

  1. Pain and suffering
  2. Prescriptions expenses
  3. Rehabilitation and therapy
  4. Lost wages
  5. Past, present, and future medical costs
  6. Funeral and burial expenses
  7. Diminished earning capacity
  8. Out-of-pocket expenses
  9. Disability
  10. Loss of consortium

Your compensation award will be essential to rebuilding your life after a head-on truck crash. Victims rarely think about money when trying to recover after a collision. However, you must keep track of all your bills, expenses, and lost opportunities stemming from this catastrophic experience. These records will help your recovery claim.

Truck accident cases are more complex

You will need a head-on truck accident attorney because truck accidents are more complex than those involving two passenger vehicles. TK Injury Lawyers have experience dealing with these complex legal matters. We are here to help navigate the minefield and help clients recover.

  • Complex liability: since many parties are involved in the maintenance and operation of a commercial truck, it can complicate liability. Often, the cause of truck accidents is human error. However, many parties bear responsibility for these collisions. Each of these parties has an individual insurance policy to contend with. That means they will begin pointing fingers at each other to evade liability. Dealing with multiple insurance companies is challenging.
  • Substantial damages: size discrepancies between commercial trucks and passenger vehicles lead to serious injuries and considerable property damage. The more severe the damages, the more complex your claim becomes. Injuries will require extensive and sometimes lifelong care. This can quickly add up to hundreds of thousands of dollars in medical costs. Some injuries can result in millions of dollars. Trial is possible when trucking companies are unwilling to negotiate a fair settlement.
  • Trucking regulations: Another complication of truck accidents are the state and federal regulations around them. These regulations establish driver and employer conduct and responsibilities. Violations can prove liability and also bring the entire operation into question. Since their livelihood is on the line, trucking companies are more prone to fighting back to avoid paying.

These and other factors can complicate your truck accident claim. You are already facing an uphill battle to recover physically and emotionally. Now you must also face the insurance and trucking company trying to deny you the payment you need for your injuries and future. Do not fret about these complexities. Instead, let our head-on truck accident lawyer face these issues while you focus on your health.

Protecting your rights after a head-on collision

Protecting your rights is vital after a truck collision. The insurance company has lawyers ready to fight against any arguments you present. Victims will begin to feel helpless when speaking to insurance adjusters and lawyers. However, you can help your head-on truck accident attorney protect your rights by taking some steps. When seeking damages, protect yourself by:

  1. Getting medical attention and following doctors’ orders.
  2. Refusing to accept an insurance settlement without discussing it with your lawyer
  3. Refraining from speaking to the insurance adjuster
  4. Not saying anything that could be misconstrued as admitting fault. This includes saying sorry.
  5. Staying off social media. Deactivate your accounts if you can.

Your injuries might prevent you from taking part in daily activities. It can also impact your mental health. It is essential to seek medical attention, go to every follow-up visit and keep comments about the accident to a minimum. Project yourself with help from an experienced head-on truck accident attorney. The insurance company is watching everything you do, and they will use anything they can to deny your claim.

Speak to the Texas head-on truck accident attorneys from TK Injury Lawyers

If you or a loved one have been seriously injured from a head-on truck collision, you must take legal action immediately. We understand this is a stressful time, but getting legal help can alleviate some of the stress. Our head-on truck accident attorney will review the circumstances surrounding your crash. These collisions have long-lasting impacts on victims and their families. We can’t change what happened but can help you recover compensation. Call the office of TK Injury Lawyers at (512) 582-2398 for a case review today.

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We’ve helped numerous Austinites win their Austin Personal Injury case and we would love to help you if you’ve experienced a serious accident. Austin Personal Injury Lawyers, Call us today, to speak with either Jim or Trent. We’ll review the details of your case, give you an honest assessment of it, and then, if appropriate, we’ll help you create a legal plan of action to pursue justice on your behalf.

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