Austin Trucking Accident Attorney

If you or a loved one has been involved in a truck accident in Texas, it can be hard to know what to do next. The physical and emotional toll, coupled with mounting financial burdens, can leave you uncertain about your rights and the legal steps to take. Our Austin truck accident lawyer is committed to helping you seek justice and compensation for your injuries and losses.

Why Choose Butler Injury Law To Represent Your Truck Accident Case in Austin, TX?

Truck accident cases often involve complex legal challenges that include navigating federal regulations, and  standing up against powerful trucking companies and their insurers. At Butler Injury Law, we take the time to investigate every aspect of your case, uncovering critical details like driver negligence, improper vehicle maintenance, or violations of industry standards. Our commitment is to build a strong case that reflects the full impact of your injuries, helping you pursue fair compensation for medical bills, lost income, and other damages.

What sets us apart is our personalized approach. We limit our caseload so we can focus on your unique needs, providing you with attentive communication and support throughout the process. You are not just another case to us; you are a person whose life has been disrupted by a serious accident, and we are here to fight for you. Contact us at (737)-252-8445 or use our contact form to take the first step toward reclaiming control over your future.

What Are The Benefits of Hiring an Austin Truck Accident Lawyer?

Hiring a truck accident attorney offers several crucial benefits. Firstly, these attorneys possess in-depth knowledge of the specific laws and regulations governing truck accidents in Texas. We are well-versed in the complexities of truck accident cases, which often involve multiple parties, such as trucking companies, insurers, and other drivers. Their expertise allows them to navigate through the intricacies of the legal system and build a strong case on your behalf.

Our truck accident lawyers in Austin, TX will handle all the paperwork, documentation, and communication with the involved parties and insurance companies. This alleviates the burden from your shoulders, giving you time to focus on your recovery. Additionally, we will conduct a thorough investigation into the accident, gathering vital evidence, such as eyewitness testimonies, police reports, and possible surveillance footage, to bolster your claim.

Trucking companies and their insurers often have a team of skilled lawyers working to protect their interests. By hiring a dedicated truck accident attorney, you level the playing field and ensure that your rights are equally safeguarded.

Butler Injury Law will strive to maximize your compensation, taking into account medical expenses, property damage, lost wages, pain and suffering, and any other damages you may be entitled to.

Truck Accidents Have a Significant Impact on the Population

Large trucks have the potential to cause devastation on the roadways when an accident occurs. Their size, weight, and inability to stop quickly make them a significant threat to other motorists. In the most recent report by the Federal Motor Carrier Safety Administration (FMCSA), there were 3,971 fatalities and 64,017 injuries from truck accidents across the country. In Texas alone, 627 motorists were killed, and 9,697 were injured. These concerning numbers highlight the hazards truck drivers pose and the impact that these accidents can have on motorists and truck drivers alike. 

The National Safety Council provides further insights by highlighting trends in truck accidents. They report that the majority of accidents occur in rural settings rather than in urban areas. Similarly, more accidents occur on non-interstate roads than they do on the highway. Daytime is the most common time for accidents to occur, and October and September, respectively, had the highest number of collisions. Also, while accidents can happen in work zones, they are very rare by comparison. 

Truck Accident Cases Encompass a Wide Variety of Types and Sizes

When referring to truck accident cases, they can include a wide variety of truck types. Trucks are rated and regulated by their gross weight, which can range from less than 6,000 pounds to more than 33,000 pounds. Accidents with commercial trucks typically fall under this area of the law, and some common truck types in this category include:

• Delivery truck
• Walk-in truck
• Landscaping truck
• Bucket truck
• Beverage truck
• Rack truck 
• Stake truck
• Furniture truck
• Fuel truck
• Semi-truck
• Tow truck
• Garbage truck
• Dump truck 
• Fire truck

While each of these truck types are likely to have nuanced legal considerations in an accident, the process remains largely the same to file and resolve a claim. Once an Austin truck accident lawyer has reviewed your case, they will be able to provide specific insight into what you need to know, depending on the type of truck that collided with you. 

Injuries From Truck Accidents Can Be Severe

Truck accidents have the potential to cause severe and even life-threatening injuries. A truck’s weight and size affect its center of gravity and make it harder for them to stop or maneuver quickly to avoid hazards. It also makes it easier for them to tip over or jackknife in an accident. However, as the smaller vehicle, occupants in passenger vehicles often sustain the most damage and injury, while truck drivers may be more insulated from the impact.

Some common injuries that an individual may sustain in a truck accident injury include:  

• Whiplash
• Lacerations
• Sprains and strains
• Broken and fractured bones
• Concussions, traumatic brain injuries (TBI), and other head injuries
• Neck, spine, and back injuries
• Organ damage and internal bleeding
• Soft tissue damage
• Neurological damage
• Burn injuries
• Amputation
• Paralysis
• Disability and disfigurement
• Wrongful death 

With the potential for such severe injury, medical attention is crucial after a truck accident. A doctor should run tests and fully examine you to see what injuries you have sustained, both externally and internally. They should provide swift treatment of any and all injuries to limit the amount of damage your injuries could cause and help reduce the amount of time you will have to spend recovering. You should also self-monitor your own injuries in the weeks after the accident because it is not uncommon for injuries to be delayed. All negative changes in your health should be promptly reported to your doctor so they can provide additional treatment. 

Common Factors That Contribute to Truck Accidents

Truck accidents are caused by a number of factors. Each one can affect the impact and seriousness of an accident and may have different implications for both the truck driver and the motorists in the vicinity. According to the Insurance Institute for Highway Safety (IIHS), these are some of the most common causes of truck accidents:

• Fatigue: One of the primary causes of truck accidents. Extended hours behind the wheel can make truck drivers less alert and reduce their reaction times. Fatigued drivers also run the risk of falling asleep while driving.
• Faulty equipment: Defective parts or poor maintenance can prevent a truck from operating in a safe capacity. This increases the risk of an accident occurring, especially with the stress placed upon the vehicle. 
• Braking capabilities: Trucks cannot stop as quickly due to their weight. This means they require more space to stop. Wear and tear on the brakes can also limit their ability to brake even more. 
• Underride: Trucks are much taller than passenger vehicles and, therefore, have a significant amount of space between the bottom of the truck and the ground. This area, known as the underride, is particularly dangerous in an accident because smaller cars can collide with the underside of the truck itself. 
• Other causes: Accidents can also be caused by distractions, speeding, and weather and road conditions. Failing to take proper precautions and adapt to various elements can increase the dangers of large trucks. 

Additionally, changing lanes can be another significant contributing factor in truck accidents. Trucks have sizable blind spots that can make it very difficult for them to see other vehicles, thereby increasing the chance of a collision. While their largest blind spot is on the right side of the truck, each side has its own visibility challenges. Passing quickly and avoiding these areas as much as possible can ensure the safety of both drivers. To make sure you are not in a truck’s blind spot, look for the driver in their side mirror or wait to pass until you see the front of the truck in your own rearview mirror. 

To combat the hazards posed by truck drivers, the trucking industry is highly regulated. Many of these laws are designed to protect truck drivers and motorists and minimize risks. However, sometimes trucking companies put profits over safety. When they breach these regulations, it can have profound ramifications and expose the company to liability. 

What You Do After an Accident Can Impact the Outcome of Your Claim

The aftermath of a truck accident is often disorienting and chaotic and may leave you uncertain about what to do next. However, certain actions can and should, be taken to protect you and your claim and satisfy legal requirements. Following the steps below will safeguard and optimize your future claim to ensure you receive all the compensation you may be entitled to recover.  

Receive a Medical Examination

Contact 911 immediately after a truck accident if possible. As first responders arrive on the scene, allow yourself to be examined by medical professionals, even if your injuries appear to be minor. They will check you over and take you to the hospital if it is determined that you require additional tests or treatment. Refusing medical attention after an accident can hurt your claim, as insurance adjusters may claim that your injuries were not serious enough to warrant compensation. This could lead to a claim denial, even if you discovered injuries at a later date. 

Request that a Police Report be Filed

Request that local law enforcement file a police report to document the details of the accident. and create an official record. The police report should include all relevant information about each party, information about the accident, evidence, and debris found at the scene, the injuries you sustained, and diagrams and notations about contributing factors and the sequence of events. After the report has been completed and filed, you should request a copy from the agency that created the report. This will be used as evidence, and insurance adjusters and lawyers alike will need to review it when processing your claim. 

Exchange Information with Other Drivers

Information must be exchanged with each party involved in the accident. This is legally required and is essential for filing a claim against the negligent party. You should provide your contact information, vehicle information, and insurance policy information to the other parties. Your driver’s license may be needed as well. You must remain at the scene of the accident until this process is complete, barring the need for immediate hospitalization. 

Gather Your Own Evidence

The outcome of your case can be significantly impacted by the quantity and quality of your evidence. It is used both to support your claim by showing what you have endured, and it also connects the negligent party’s actions to the accident. As such, it is important to gather as much evidence as you can after an accident. If possible, taking photos of the scene of the accident, the environment, and your injuries can show the aftermath of the collision and how you have been hurt. It is also important to keep all records and documentation that are applicable to the case. This can include medical bills, car repair estimates, pay stubs, and other materials that show your expenses. The police report you filed can also be used as a form of evidence in your case.

Hire an Austin Truck Accident Attorney to Represent You

As soon as you are able, you should hire an attorney to represent you. Insurance companies can be difficult when you are trying to secure compensation, and an Austin personal injury lawyer can deal with them on your behalf. They are familiar with the tactics insurance companies use, and can negotiate with them and demand fair treatment and a fair settlement. A lawyer can also help you navigate the requirements of a personal injury claim and secure maximum compensation, as well. Regardless of which course of action you pursue, their counsel and advocacy can save you time and money and ensure you are taken seriously.  

Begin the Claim Process

Texas is an at-fault state, meaning you can file your claim with the other party’s insurance company after the accident. They are responsible for paying for your injuries since they are liable for triggering the accident and harming you. However, the other driver’s insurance may not always be sufficient to cover your losses. In these cases, you may be able to file a personal injury claim against the at-fault party to seek additional damages. This can also be a helpful option if their insurance company refuses to pay you in a timely manner. 

Determining Liability and Establishing Negligence After a Truck Accident in Texas

Determining liability in a truck accident poses several challenges. Multiple parties could be responsible for causing the accident, ranging from the truck driver or trucking company to mechanics and cargo loaders. Manufacturers could also be held responsible if they issued defective truck parts that ended up causing the accident. Sifting through these various layers takes an experienced hand, which is why it is important to hire legal representation after you have been hurt in an accident involving a truck.

A lawyer will thoroughly investigate the accident to get to the heart of what and who caused it. Once they do, they will gather the relevant evidence and begin building your case. Negligence must be established in order to determine liability and recover damages. To do this, your lawyer will show that the party who hurt you was responsible for taking appropriate safety precautions to prevent harm from befalling you and other motorists. When they disregarded their obligations to you and acted in an unsafe manner, their actions caused the accident that caused your injuries. Once these elements are established, the party at fault must pay for the losses you have sustained 

Texas also makes provisions for accidents that were caused by multiple parties. Texas Civil Practice and Remedies Code Chapter 33 outlines the state’s modified comparative negligence rules that allow each party to receive compensation as long as they are not responsible for more than 50% of the accident’s cause. For those eligible to receive compensation, their maximum amount of damages is reduced proportionally to their contribution of fault.  

Insurance Company Tactics to Be Aware of When Filing Your Claim

While insurance is a primary source of financial relief after you have been injured in a truck accident, it may not be as helpful as you might anticipate. Insurance companies aim to protect their bottom line at all costs, and to do that, they try to pay as little as they can. They may use a variety of approaches to delay, lowball, or deny your claim. Insurance companies do not have your best interests at heart and may try to blame the accident on you. They may also try to get you to divulge information that they can use to claim a technicality. An insurance company’s first offer is generally low with the expectation that you will accept it without any resistance. They may also try to get you to accept a settlement quickly before you have identified all your losses and their value. 

To get the best outcome possible, it is crucial to hire a lawyer before filing your claim with the insurance company. With a lawyer backing you, insurance companies are more likely to take you seriously and less likely to take advantage of you. A lawyer knows how to talk to them and demand a settlement that accurately reflects your needs. They will fiercely protect your rights and negotiate with the insurance company until you are satisfied with the results. Additionally, in the event that insurance refuses to cooperate, then your lawyer can proceed with a personal injury claim instead. 

How Butler Injury Law Can Help You Navigate Complex Truck Claims

An Austin truck accident attorney plays a multifaceted role in representing clients involved in trucking collisions. Their primary objective is to provide legal assistance and support throughout the entire legal process. Firstly, we will conduct a comprehensive evaluation of your case, examining the details of the accident, the extent of your injuries, and the overall impact on your life.

Once engaged, the attorney will take on the responsibility of communicating with all relevant parties, including insurance companies, the trucking company, and other attorneys involved. We will negotiate on your behalf, seeking fair and just compensation for your losses.

Another crucial aspect of their work is gathering evidence to build a robust case. This involves collecting accident reports, witness statements, expert testimonies, and any other evidence that may strengthen your claim. We will also analyze any potential violations of state or federal trucking regulations by the involved parties.

In the event that a settlement cannot be reached, a skilled truck accident attorney in Austin will be prepared to take your case to trial. We will present your case before a court, advocating for your rights and seeking the best possible outcome.

An Austin truck accident lawyer serves as your legal advocate, providing expertise, guidance, and relentless determination to ensure that your rights are protected and that you receive the compensation you deserve.

What Rights Do Truck Accident Victims Have After a Collision?

Truck accident victims have the right to pursue compensation for the losses they suffer due to the collision. This includes medical expenses, lost wages, property damage, and even non-economic damages like pain and suffering. In cases of gross negligence, such as violations of safety regulations, victims may also be entitled to punitive damages aimed at holding the responsible party accountable. Seeking medical attention immediately after an accident is not only vital for your health but also helps document your injuries, which can be critical for your claim.

Victims also have the right to a fair investigation of the accident. This includes reviewing evidence such as the truck driver’s logs, maintenance records, and police reports to establish liability. Additionally, you have the right to hire an attorney who can stand up to trucking companies and their insurers, ensuring your voice is heard and your claim is taken seriously. Understanding your rights is the first step toward achieving justice and financial recovery after a truck accident.

The Time to File a Claim is Limited

There is a limited amount of time in which a truck accident claim can be filed. Texas Civil Practice and Remedies Code § 16.003 allows victims two years from the time of the accident to pursue legal action to recover compensation. Individuals who wait until after this date forfeit their rights to recover their losses through monetary relief. 

It is essential to hire a truck accident lawyer soon after your accident so you can ensure your case falls within the statute of limitations. Truck accident claims are also stronger when they are filed in close proximity to the accident. Evidence can deteriorate over time, and witnesses’ memories may be less reliable the longer you wait.

Contact An Austin Truck Accident Attorney Today

If you or a family member has been affected by a truck accident in Austin, Texas, seeking legal assistance promptly can make a critical difference. At Butler Injury Law, our truck accident lawyers in Austin provide personalized support and strategic representation to help you pursue the compensation you may be entitled to. From navigating complex trucking regulations to handling negotiations with powerful insurance companies, we are dedicated to protecting your rights at every stage.

Do not face the aftermath of a truck accident alone. Contact us today to discuss your case and take the first step toward justice and recovery. Call 737-252-8445 or visit our contact form to schedule a free consultation.

FAQs About Truck Accidents

When should I hire a truck accident attorney?

It is advisable to hire an Austin truck accident attorney as soon as possible after the accident occurs. The earlier an attorney is involved, the better we can preserve evidence, protect your rights, and ensure proper communication with insurance companies and other involved parties.

What is the Average Settlement in a Truck Accident Case? 

Truck accident settlements are impacted by a number of factors. The type, extent, and severity of your injuries, expenses, and other losses all affect the value of your settlement and make each case unique. Talking with a truck accident lawyer can help you determine how much compensation you may be able to recover. They will review all of your losses with you to calculate their value and provide an estimate of what you need to cover your expenses. This estimate will act as a guide during negotiations to ensure you receive what is fair.    

How much does it cost to hire a truck accident lawyer in Austin, Texas?

Many truck accident attorneys work on a contingency fee basis, meaning we only get paid if we win your case. This is how we operate – we are only paid if we reach a settlement or verdict for our clients. Our fees are a percentage of the recovery, making legal representation accessible to accident victims without upfront costs.

Contingency fees also serve to create alignment between you and our team. You never have to wonder if we have your best interests at heart or if we are getting you the maximum compensation you are entitled to receive. Your goals are our goals, and we work for you from beginning to end. 

What sets truck accident cases apart from regular car accidents?

Truck accident cases can be more complex due to the involvement of commercial trucking companies, extensive regulations for the trucking companies and their drivers, and potential for multiple liable parties. Truck accident attorneys are specifically equipped to handle these complexities and secure the compensation you deserve.