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Seeking Justice After an 18-Wheeler Accident: Your Guide to Holding Responsible Parties Accountable
Buckle up for a startling revelation – In 2022, TxDOT reported 26,164 crashes involving a truck-tractor or semi-trailer. What’s more alarming? Of these crashes, over 20% resulted in injury or suspected injury, and about 4% resulted in serious injury or death.
Now, imagine the impact of being hit by one of these colossal vehicles. When an 18-wheeler collides with you, it’s not just a fender bender. The sheer size of these trucks means your property and well-being are at greater risk.
But, the aftermath is not just about the visible wreckage; large insurance policies shield these behemoths, guarded by skilled adjusters who make obtaining rightful compensation an overwhelming task.
What’s more, multiple entities could be held liable in an 18-wheeler wreck. This includes the driver, their employer, or the truck manufacturer. It’s like a puzzle of figuring out who’s responsible to make sure compensation is fair for the damage caused. It’s important to identify all liable parties in order to hold them accountable for the damages they caused. Read along as we explore the ins and outs of 18-wheeler accidents – a world where the effects are big, and getting the money you deserve can be pretty tricky.
Why Trucking Companies Must Be Held Accountable in 18-Wheeler Accidents
Trucking companies and truck drivers must follow Federal Motor Carrier Safety Regulations, one of the superheroes in this story. By law, trucking companies must ensure that their trucks are safe to drive by performing regular inspections. The truck should receive thorough annual inspections from a state or local inspector. Think of them as the quality assurance team, meticulously checking every bolt and wire to ensure these mammoths run safely and ethically. If the truck has any mechanical issues, the trucking company or driver is required to take it to receive immediate maintenance. 18-wheelers should also receive preventative maintenance to avoid breakdowns and mechanical problems on the road—like a health check!
The truck driver is also required to inspect their vehicle before and after each trip. The FMCSA requires drivers to submit inspection reports each day for each truck they drive. These reports are called DVIRs, or Daily Vehicle Inspection Reports. These reports are submitted in writing to provide evidence of completion. But here’s the plot twist – it all hinges on the trucking company enforcing these safety rules. If the trucking company does not enforce this policy, they could be held liable if a wreck is caused by a maintenance issue.
The trucking company should inspect each part of the truck to ensure that it is safe to drive on the roads, including but not limited to the truck’s:
- Lights
- Brake systems
- Tires, wheels, and rims
- Tie-down equipment
- Steering system
- Frame
- Suspension
- Transmission
- Engine
- Coupling devices
- Exhaust systems
- Fuel systems
- Windshield and windshield wipers
- Underride guards
If an 18-wheeler does not have the proper maintenance needed to keep it in roadworthy condition, the mechanics of the truck could fail and cause a wreck. Establishing liability for an accident in Texas requires proving negligence. Negligence is defined as “failing to exercise the degree of care expected of someone in order to minimize the risk of harm to another.” When trucking companies fail to provide proper maintenance for their trucks, negligence can be attributed to the trucking company. In these cases, the trucking company should be held liable for their part in the wreck.
Why You Need a Truckload of Help From an Experienced 18-Wheeler Accident Lawyer
Picture this: you’ve just survived the chaos of an 18-wheeler wreck, and now you’re stuck in a legal maze. It’s like trying to untangle headphone wires – confusing, frustrating, and a bit of a headache. But fear not! We’re here to chat about why having a superhero-like 18-wheeler accident lawyer can be your personal guide to justice and sanity.
As mentioned before, the aftermath of an 18-wheeler wreck can be extremely complicated. It’s difficult to navigate the complex 18-wheeler personal injury process while healing from catastrophic injuries and the emotional scars of the wreck. All liable parties need to be identified so that they can be held accountable for the damages they caused from the wreck. If the trucking company is liable and avoids repercussions for its actions, it will continue to act negligently and potentially cause more harm to the community, much like a supervillain!
Contacting an 18-wheeler accident lawyer immediately after a wreck is your best bet to hold trucking companies liable for improper 18-wheeler truck maintenance. An investigation needs to take place as soon as possible after the wreck. Evidence that could prove liability can go away or get destroyed if a swift and thorough investigation is not conducted soon. An experienced 18-wheeler accident lawyer has the knowledge and resources to conduct an investigation and retain that evidence.
There are other roadblocks that can come up if you try to handle your 18-wheeler accident case alone. Trucking companies must take out large insurance policies on their 18-wheelers. The insurance adjusters that protect these policies are clever and cunning. They will go the extra mile to avoid paying you the compensation you deserve for your injuries. They will set traps that you don’t even know you’re walking into. An experienced 18-wheeler accident lawyer is the puzzle-solving pro you need. They know exactly how to avoid those traps so you can get the resolution you deserve.
Also, the Texas Legislature passed HB-19 in 2021. The law went into effect as Section 72.051-055 of the Texas Civil Practice and Remedies Code that September. The law essentially protects trucking companies from excessive lawsuits. It also makes it harder for plaintiffs to hold large trucking companies accountable.
Without utilizing the knowledge and experience of a skilled 18-wheeler accident lawyer, holding the trucking company liable is nearly impossible. Surviving an 18-wheeler wreck can be a wild ride, but having an 18-wheeler accident lawyer is like having a trusty sidekick. They’ll untangle the legal mess, dodge the traps, and help you navigate the twists and turns. So, buckle up for justice, because with your superhero lawyer by your side, you’re ready to conquer the 18-wheeler woes!
To learn more about how 18-wheeler accident claims have changed since 2021, watch this video:
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