EIGHTEEN WHEELER AND TRUCK ACCIDENTS

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Experienced 18 Wheeler Accident Attorneys and Lawyers

 

 

Have you or someone you know been involved in a trucking accident? In the event of a trucking accident, you should consider hiring an experienced trucking accident lawyer | attorney to fight by your side. It is important to realize that (naturally), the trucking companies have teams of lawyers and representatives on staff, and on call, to help preserve their own financial interests in the event of a trucking accident. 

 

Truck accidents cause substantial property damage and usually traumatic injuries when automobiles are involved in a Texas 18 wheeler accident or truck accident. The experienced Texas truck accident lawyers | attorneys and 18 wheeler accident lawyers or attorneys at Kane | Varghese can help. If you or a loved one has suffered personal injury or wrongful death as a result of a truck accident or collision with an 18 wheeler truck, or a semi tractor trailer, you may be entitled to damages under law.  These damages can include past and future medical expenses, past and future physical pain and mental anguish, physical impairment in the past and future, lost wages and wage earning capacity, and burial expenses if applicable. In some instances, punitive damages may be available.

 

Even if they are responsible for the trucking accident, the company will naturally want to protect their own interests and will have their own lawyers to try to help them mitigate the loss. Every Texas trucking accident attorney | lawyer at our law firm recognizes the tactics used by the trucking companies to prevent you from getting what you deserve in your trucking accident lawsuit. A Texas trucking accident lawyer | attorney at our law firm is standing by 24 hours a day to fight for YOUR rights in your trucking accident case.

 

One of our founding attorneys is also an active and practicing ER Physician. In a trucking accident case, it is important that your legal representative also understands the medical implications of a severe crash. An ER physician knows severe injuries better than anyone, and can help bring a unique medical perspective to YOUR trucking accident claims. Every Texas trucking accident lawyer | attorney at the Kane | Varghese Law Firm will work hard to protect YOUR interests in a trucking accident claim and we are standing by 24 hours a day, 7 days a week, to take your call. Speak to a Texas trucking accident lawyer | attorney today!

 

 

 

LEGAL ISSUES IN 18 WHEELER ACCIDENTS | TRUCK ACCIDENTS

 

 

The following issues can arise when dealing with 18 wheeler accidents or truck accidents:

•Insurance coverage for 18 wheeler trucks

•18 wheeler truck drivers and drug testing

•18 wheeler truck’s tractor was negligently maintained

•18 wheeler truck and state regulations

•Negligent maintenance claims

•18 wheeler truck and federal regulations

•18-wheeler truck trailers were negligently maintained

•Reviewing 18-wheeler trucking records and logs

•Negligent hiring and supervision of 18 wheeler truck drivers

 

 

 

COMMERCIAL DRIVER’S LICENSE REQUIREMENTS FOR OPERATING 18 WHEELERS AND LARGE TRUCKS

 

 

•any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 or more pounds, providing the GVWR of the vehicle being towed is in excess of 10,000 pounds;

•any vehicle, regardless of size, designed to transport 16 or more persons, including the driver; and any vehicle required by federal regulations to be placarded while transporting hazardous materials.

 

Associated Factors Assigned in Large Truck | 18 Wheeler Truck Crashes and Their Relative Risk Importance 

 

 

Factors

 

Vehicle: Brake problems

Driver: Traveling too fast for conditions

Driver: Unfamiliar with roadway

Environment: Roadway problems

Driver: Over-the-counter drug use

Driver: Inadequate surveillance

Driver: Fatigue

Driver: Felt under work pressure from carrier

Driver: Made illegal maneuver

Driver: Inattention

Driver: External distraction

Vehicle: Tire problems

Driver: Following too close

Driver: Jackknife

Vehicle: Cargo shift

Driver: Illness

Driver: Internal distraction

Driver: Illegal drugs

Driver: Alcohol

 

Number of Trucks

41,000

32,000

31,000

29,000

25,000

20,000

18,000

16,000

13,000

12,000

11,000

8,000

7,000

7,000

6,000

4,000

3,000

3,000

1,000

 

Percent of Total

29%

23%

22%

20%

17%

14%

13%

10%

9%

9%

8%

6%

5%

5%

4%

3%

2%

2%

1%

 

Relative Risk

2.7

7.7

2.0

1.5

1.3

9.3

8.0

4.7

26.4

17.1

5.1

2.5

22.6

4.7

56.3

34.0

5.8

1.8

--

 

 

Notes: Results shown are national estimates for the 141,000 large trucks estimated to have been involved in fatal and injury crashes during the study period. The estimates may differ from true values, because they are based on a probability sample of crashes and not a census of all crashes. Estimates are rounded to the nearest 1,000 large trucks. Source: Large Truck Crash Causation Study, Federal Motor Carrier Safety Administration (FMCSA)Involved in an 18 wheeler accident or truck accident?  Call the Kane Varghese Law firm and speak with a truck accident lawyer | truck accident attorney now!  Live!   An experienced truck accident lawyer | truck accident attorney will answer all of your calls about injuries that you or a loved one sustained in an 18 wheeler or truck accident.  Our clients pay NO costs or attorney fees unless we collect on their behalf.  FREE Consultation.  Call Now!

 

There can be mechanical failure on the truck, or perhaps a simple brake failure that ultimately led up to the accident. There is also the "human factor"; possibly driver fatigue led to the accident, or perhaps the driver was simply not paying attention. Whatever the reason is determined to be, it is not your responsibility to determine "blame" while at the scene of the trucking accident, and neither should you accept the blame if confronted! It is wiser to remain neutral, and not state anything that might be used to incriminate you in any future claims.

 

 

FEDERAL LAW FOR TRUCK DRIVING IN HAZARDOUS CONDITIONS

 

 

The United States Code of Federal Regulations [49 C.F.R. §392.14] provides in pertinent part as follows: Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. The qualification of 18 wheelers and large truck drivers are also regulated by the Federal and state governments. Federal and state government regulations also cover the maintenance, repair and load bearing limitations on the 18 wheelers and large trucks.  

 

 

 

TRUCK DRIVER’S AWARENESS OF 18 WHEELER CAPABILITIES

 

 

If a truck is going over 50 mph at night, it cannot stop within the range of its low-beam headlights.  Despite the fact that truck drivers have had commercial driver’s license training, most have no idea what is the stopping distance of their truck, nor the range of their headlights. Drivers don’t realize that the vehicles ahead are stopped until it's too late. Night driving presents significant problems of determining how fast other vehicles are going on the road.  Established engineering studies demonstrate that an 18 wheeler truck driver’s ability to determine whether vehicles ahead are stopped or are simply moving slowly as the 18 wheeler truck approaches is inhibited at night. Frequently, an 18-wheeler truck driver doesn’t realize that the vehicles ahead are stopped until he is too close to stop and an 18 wheeler truck accident results. 

 

It is also important to avoid self-diagnosing your own medical condition if you are involved in a trucking accident. In other words, avoid stating things such as "I feel fine" or "I'm OK". The body's natural response to a crisis is to "tense up" and send large amounts of adrenaline to help make it through the situation. In these circumstances, the body can even be incapable of feeling pain until the immediate danger has passed. There can be dangerous "hidden" damage that is not known until after you have been evaluated by a qualified and properly trained medical professional. It is advisable to not say anything that could inhibit your ability to make claims in the future for medical issues such as "whip-lash", where the severity of the damage may not even be fully known until well after the trucking accident.

 

 

 

INJURIES FROM A TEXAS EIGHTEEN WHEELER ACCIDENT | TRUCK ACCIDENT

 

 

The Kane | Varghese Law Firm represents clients suffering from all types of injuries due to 18 wheeler accidents or truck accidents. Some common types of injuries as a result of 18 wheeler accidents or truck accidents are listed below:

•Burns as a result of a Texas 18 wheeler accident or truck accident

•Severe Injuries or Death as a result of a Texas 18 wheeler or truck accidents

•Head trauma or Brain damage as a result of a Texas 18 wheeler accident or truck accident

•Paraplegia / quadriplegia as a result of a Texas 18 wheeler accident or truck accident

•Amputations as a result of a Texas 18 wheeler accident or truck accident

•Spinal cord injury as a result of a Texas 18 wheeler accident or truck accident

 

There can be many different reasons that the trucking accident actually occurred. Even if you think you may have made a mistake and this caused the accident, you should not be pushed into taking the blame for anything. Do not admit fault to the driver of the other vehicle or any representative that might arrive at the scene of the accident. They might even attempt to blame you aggressively, but there might be other circumstances that are outside of your immediate knowledge. There will most likely be a crash investigation to determine the true reason for the trucking accident. Even if you are confident who is at fault in the trucking accident, it is a good idea to avoid saying anything that might implicate you or otherwise make you appear to be at fault for the accident.

 

 

 

SOME COMMON REASONS FOR 18 WHEELER ACCIDENTS | TRUCK ACCIDENTS

 

 

•Unsecured cargo or freight shifting in the payload section that results in a Texas 18 wheeler accident or truck accident

•Brake or tire failure of an 18 wheeler truck that results in a Texas 18 wheeler or truck accident

•Debris or articles in the road that results in a Texas 18 wheeler accident or truck accident

•Excessive speed and failure to follow rules of the road that results in a Texas 18 wheeler accident or truck accident

•Driver failure to properly to observe blind spots that results in a Texas 18 wheeler accident or truck accident

•Truck rollover, driver fatigue, or driver inattention that results in a Texas 18 wheeler accident or truck accident

•Exhaustion or fatigue on the part of the driver that results in a Texas 18 wheeler accident or truck accident

•Tire failure or separation that results in a Texas 18 wheeler accident or truck accident

•Failure to observe safety procedures or be properly trained in safety procedures that results in an 18 wheeler accident or truck accident

•Driving under influence of drugs or alcohol that results in a Texas 18 wheeler accident or truck accident

•Unsafe driving practices such as speeding or other aggressive or dangerous driving behavior that results in a Texas 18 wheeler accident or truck accident

•Trailer or truckloads not properly secured that results in a Texas 18 wheeler accident or truck accident

 

Involved in an 18 wheeler accident or truck accident?  Call the Kane Varghese Law firm and speak with a Texas experienced truck accident lawyer | truck accident attorney now!  Live!   An experienced Texas truck accident lawyer | truck accident attorney will answer all of your calls about injuries that you or a loved one sustained in an 18 wheeler or truck accident.  FREE Consultation.  Call Now!

 

 

 

EIGHTEEN WHEELER TRUCKS AND THEIR ROLE IN AMERICAN TRANSPORTATION

 

 

Eighteen wheeler trucks transport substantial amounts of the goods across the United States. Because of the role that eighteen wheelers play in the transport of goods across the nation, the use and operation of EIGHTEEN WHEELER trucks is regulated by the United States Government.  The Federal Motor Carrier Safety Administration, which is part of the United States Department of Transportation, regulates eighteen wheelers and trucks when they are involved in interstate transport.

 

 

 

EIGHTEEN WHEELER ACCIDENTS AND TRUCK CRASHES - CHART

 

 

The following tables contain data released by the federal government as it relates to 18 wheeler crashes or 18 wheeler truck accidents.  The information contained is both eye-opening and exhaustive.  

Estimated Numbers of Trucks in All Crashes, by Critical Reasons  (18 wheeler truck accidents or large truck accidents)

 

 

Critical Reasons

 

Driver
 

    Non-Performance

    Recognition

    Decision

    Performance

Vehicle

Environment

Total Number of Large Trucks Coded with Critical Reason

Total Number of Large Trucks Not Coded with Critical Reason

Total Number of Large Trucks Involved in Crashes

 

Number of Trucks
 

68,000

9,000

22,000

30,000

7,000

8,000

2,000

78,000

63,000

141,000

 

Percent of Total

87%

12%

28%

38%

9%

10%

3%

100%

—

—

 

 

Notes: Results shown are national estimates for the 141,000 large trucks estimated to have been involved in fatal and injury crashes during the study period. The estimates may differ from true values, because they are based on a probability sample of crashes and not a census of all crashes. Estimates are rounded to the nearest 1,000 large trucks. Source: Large Truck Crash Causation Study, Federal Motor Carrier Safety Administration (FMCSA)

 

WE ACCEPT ALL SERIOUS PERSONAL INJURY & WRONGFUL DEATH CASES

 

KANE | VARGHESE, A PROFESSIONAL CORPORATION

 

For more information about truck accidents visit: www.18-wheeleraccident.com

 

Kane | Varghese Law Firm, A Professional Corporation has principal offices in Texas and Houston.

 

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