Why You Might Need a Commercial Truck Accident Attorney in Texas

Commercial Truck Accident Lawyer in McAllen Texas

If you spend any time out on the Texas roads, especially on freeways and other major thoroughfares, you’ve probably seen your fair share of large trucks driving around. There are lots of commercial trucks on the road, and lots of different kinds of them too.

If you or someone you love was injured in a commercial truck accident, it’s essential to understand your legal rights. It may also benefit you to understand some of the most common causes of commercial truck accidents. You may qualify to pursue compensation for your injuries, depending on the circumstances of your accident. So a commercial truck accident attorney can help you understand your options.

What Types of Commercial Trucks Are There?

Commercial trucks come in all kinds of shapes and sizes, and some are truly enormous. You may be familiar with some but not all of them, so here are some different types of commercial trucks:

Tanker Trucks

Tanker trucks are among the most common on Texas roads. You can likely head out and see one on its way to your local gas station. These trucks transport hazardous gases and liquids and sometimes non-hazardous materials.

Dump Trucks

Dump trucks carry loose materials and are usually part of construction projects and headed to construction sites. It’s common for people to get into backup accidents with dump trucks because these trucks create blind spots, so drivers are prone to backing into other cars nearby.

Garbage Trucks

Everyone knows what garbage trucks are for, and you’re not going to escape them on the road any time soon. You may not have considered the possibility of getting into an accident with a garbage truck, but it can and does happen.

Tractor-Trailers

Tractor-trailers usually have 18 wheels, so they’re frequently called eighteen-wheelers. Sixteen-wheeled tractor-trailers are called sixteen-wheelers.

These large vehicles consist of two separate but connected parts. The trucks have front segments that drive and support their back trailers and truck trailers that are loaded with cargo at the rear.

Tractor-trailers present unique risks on the road, even compared to other large trucks. This is because of tractor-trailers’ two-part construction. They may prove difficult to control because their back sections can move independently of their front sections.

Injuries after Truck Accidents

There’s no way to predict or summarize the injuries that happen after a truck accident. Every commercial truck accident survivor’s experiences are different. Some people are fortunate enough to walk away from serious accidents with relatively “minor” injuries. In other cases, someone may be involved in an accident that appears minor but results in permanent and catastrophic injuries.

Some examples of injuries after commercial truck accidents include:

This list doesn’t include every injury that’s possible in a commercial truck accident, as people involved in such accidents can sustain almost any type of traumatic injury. If you have questions about how your injuries may impact your legal case, reach out to a commercial truck accident lawyer for more information.

Commercial Truck Driver Fatigue

It’s difficult to safely operate a vehicle that weighs up to 80 thousand pounds —  just one of the many reasons why truck drivers are required to have special licensing to drive their trucks.

The difficulty of navigating a commercial truck is also the cause for another rule: the limit on how much and when commercial truck drivers are allowed to drive. There are countrywide restrictions that limit how long truckers may drive.

Despite this, American truck drivers still clock a lot of hours. Federal driving guidelines and work-hour restrictions essentially imply that most truckers drive between 2 and 3 thousand miles per week. So each shift can last hundreds of miles and many hours.

Federal driving regulations are intended to keep truckers and other people on the road safe. Ideally, following these standards prevents truck driver fatigue. But many commercial truck drivers work more than these maximum limits.

The regulations include the following provisions:

  • Commercial truck drivers cannot drive for more than 11 hours following a 10-hour break.
  • Commercial truck drivers must not drive beyond the 14th consecutive hour after returning to duty (following an off-duty period of 10 hours).
  • Commercial truck drivers may only drive if eight hours or less have passed since the end of their last off-duty or sleeper-berth period. (The period needs to be a minimum of 30 minutes.)
  • Commercial truck drivers may not drive after 60/70 hours on-duty in 7/8 consecutive days.

Commercial truck driver fatigue is widespread, and it’s more common for truck drivers to engage in practices that lead to fatigue than you may think. Even though it makes sense for a truck driver to want to avoid fatigue — to minimize the risk of an accident and encourage better driving performance — there are lots of reasons why these professionals drive when they’re too tired.

The Journal of Public Health Policy interviewed more than 1 thousand commercial truck operators and found:

  • About 75% of respondents violated hours-of-service rules.
  • Roughly 66% of those interviewed said that they regularly drove more than the weekly maximum hours allowed.
  • Another 66% of interviewees said that they under-report work hours in their logbooks.

Putting All Drivers at Risk 

If you’re on a roadway near a fatigued truck driver, you run the risk of being involved in an accident. Most statistics indicate that commercial truck drivers who drive while fatigued put everyone at risk:

  • Overworked and/or fatigued truck drivers are the leading cause of commercial truck crashes.
  • The Centers for Disease Control and Prevention (CDC) has published findings that show truck drivers are more likely to drive fatigued than the general population, making them riskier to drive near.
  • Around 13% of commercial truck accidents each year are caused or influenced by driver fatigue.

More Frequent Causes of Commercial Truck Accidents

Commercial truck accidents happen for lots of reasons. One truck accident may look different from the next, and their causes will greatly impact how they play out in the legal field. Some of the most common causes include: 

Improper cargo loading: The amount and type of cargo on a commercial truck will directly impact the severity of a truck accident. When cargo is improperly loaded, it automatically becomes riskier. Improperly loaded cargo can and does lead to truck accidents. Cargo can spill into roadways, cause trucks to lose balance, and more.

Improper truck maintenance: It’s vital that truck drivers and companies properly maintain their large commercial trucks. Even a small sedan is risky to drive if it’s not properly maintained. It’s even more important for large commercial trucks to be well-serviced. But sometimes, it’s difficult to track every truck in a fleet’s status or to complete required maintenance, and such failure puts everyone at risk.

Driver errors: Anyone driving a vehicle can make an error, but this is especially dangerous when it happens in a commercial truck. Commercial vehicles are large and pose a lot of risk on the road. Someone driving a commercial truck can make the same mistakes as anyone driving a car, including driving under the influence, acting aggressively, and driving distracted.

Common Types of Commercial Truck Accidents

There are several types of commercial truck accidents. Most are named for how or why they occur. These are two of the most common types of commercial truck accidents:

  • Jackknife accidents: These occur when commercial truck drivers lose control of their vehicles. Usually, this leads to swerving off the road or into other vehicles. Jackknife accidents are common on slick roads and also tend to happen when truck drivers take turns too quickly.
  • Rollover accidents: These happen when, as you may imagine, a truck rolls over. Large trucks are prone to rollover due to their weight distribution; semi-trucks, in particular, are at high risk of rollovers. Sometimes truck drivers who try to turn or swerve too quickly experience rollover accidents.

Don’t forget that a commercial truck can get into virtually any type of accident. It doesn’t need to have a specific name or pattern for it to cause damage and devastation.

What Should You Ask a Commercial Truck Accident Lawyer?

There are certain questions you should ask a commercial truck accident attorney that you meet with or phone to discuss your accident. It’s like a job interview: it’s always best to ask your own questions to ensure the person you’re talking to is the right fit for you.

You can’t know for certain that you have a valid truck accident claim until you win. But the best way to ensure you succeed is to partner with an experienced commercial truck accident lawyer.

Here are some things you should consider when meeting with prospective lawyers:

  • The right commercial truck accident lawyer for your case should clearly explain why (or why not) they believe that you are eligible to pursue compensation.
  • You should never assume that you don’t have a claim.
  • Provided you were involved in a commercial truck accident, you must determine whether you meet the primary requirements to file a truck accident claim.
  • Your accident doesn’t need to have involved significant damage or loss for your claim to be valid.

How Long Will a Commercial Truck Accident Attorney Take to Settle My Claim?

Keep in mind that a commercial truck accident lawyer can’t actually tell you how long your truck accident claim will take, as it will depend on the specific circumstances of your accident and injuries.

You want to have some idea of a timeline, though, so feel free to ask, but remember that a commercial truck accident attorney can only offer an estimate regarding the length of time that your case will take and whether you will succeed.

Your case may take longer than the average accident case if it involves a commercial truck. Commercial trucks often cause more damage than standard vehicles when involved in accidents, and more damage may mean more time.

What Damages Might a Commercial Truck Accident Lawyer Be Able to Get for Me?

A seasoned commercial truck accident attorney will help you calculate your losses and determine how much compensation to pursue. Nothing is guaranteed, but a good lawyer will tell you what they view as the best path forward when pursuing damages.

Examples of the damages that you may recover after your accident include:

  • Previous and current medical expenses: You can pursue compensation for a wide range of medical expenses after a commercial truck accident. They often include emergency transport, surgeries, rehabilitation, therapies, and equipment.
  • Future medical expenses: You should also pursue future medical expenses in your claim, if applicable. Your commercial truck accident attorney can tell you more about how this process works.
  • Lost earning capacity: If someone’s tractor-trailer accident permanently changed their ability to earn an income in the future, they should pursue compensation to account for the lost earning capacity.
  • Lost wages: Some accidents cause a person to miss time from work and therefore lose out on wages. These lost wages are compensable following a crash.
  • Pain and suffering: Nobody wants to endure physical pain and suffering, but unfortunately, people involved in tractor-trailer accidents don’t always have a choice. You may have the right to pursue compensation for pain and suffering following your accident.
  • Mental anguish: It’s often difficult on a mental level to recover from a tractor-trailer accident. Mental anguish damages are meant to account for some of that process, even though no amount of money will completely repair the emotional damage that you’ve suffered.

You can speak to an expert commercial truck accident attorney at Patino Law Firm and get the best possible advice and assistance in your case, giving you the best chance of getting a good compensation payout. Contact us now and get a free consultation — there’s no fee unless we win your case for you.


Patino Law Firm
1802 N 10th St
McAllen, TX 78501
210-646-9100

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