Have you Been in an Accident With a Drunken 18-Wheeler Driver?

Have you Been in an Accident With a Drunken 18-Wheeler Driver?

You May be Entitled to Recover Damages

Many times, in the event that an intoxicated big rig driver is involved in an accident with you, multiple defendants could be the target of a civil suit: the driver, the company that driver was working for at the time of the accident, and the bar or restaurant that created this dangerous menace.truck accident attorneys

Because of this one fact, your DUI trucker wreck can be incredibly complex due to the large amounts of money involved when dealing with all of these possible defendants.

The trucking company could carry some liability for your damages because they are responsible for the actions of their18 wheeler driver. Of course, the truck driver carries a large share of the liability. And because of Texas Dram Shop Laws, which state that the establishment that served the intoxicated person the alcohol might be partially liable for some of the legal responsibility when that intoxicated person injures someone else. For instance, if a restaurant served an already-intoxicated truck driver more alcohol and then the truck driver was in an accident, the accident victim could file a claim against the restaurant as well as the driver.

These cases are further complicated by a possible gross negligence charge against any of the three parties. When a driver of a commercial vehicle knowingly operates that vehicle while intoxicated, the driver is considered grossly negligent. The same thing holds true if the bar or restaurant willfully continued serving the drunk truck driver. And if the driver’s employer was aware of the driver’s penchant for driving drunk, even outside of his job, a case can be made that the trucking employer was willfully negligent in turning a blind eye to this behavior. All of these elements may help your case, but only if you have an experienced attorney who knows how to use them. The attorneys employed by these multiple defendants’ commercial insurance carriers will do whatever they can to dispute any claims of gross negligence that you and your lawyer will make.

There are even technicalities in place that can make this exceedingly simple for them. For instance, some insurance policies are considered null if the holder of the policy commits an intentional tort. This means that you may not be eligible for any money if the defense attorneys succeed in presenting your case in a particular way.

To summarize, you must have a team of experienced personal injury attorneys to make sure your case is seen for what it is. The Texas trucking and dram shop attorneys at our Texas Law Firm have decades of experience with cases just like yours. An experienced intoxicated truck driver accident attorney can help you win the compensation you deserve and bring all negligent parties responsible for your injuries to full and complete justice.

If you or someone in your family is suffering as a victim of a big rig drunk driving accident, or if you have lost a cherished loved one due to such negligence, don’t leave money on the table that is rightfully yours. Contact our Texas drunk driving and 18 wheeler accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation. Our Law Firm can help you win the fullest and fairest compensation that you need to resume your life and give you justice, and the peace of mind, you deserve after a drunk driver, and the dram shop that over-served them, has injured you.

Truck Collision Lawyers – Trucking Accident Attorneys

Truck Collision Lawyers – Trucking Accident Attorneys

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LARGE TRUCK ACCIDENTS – COMMON CAUSES

Big rig accidents happen for a variety of reasons. Sometimes, the crash is the truck driver’s fault and other times, the other driver’s fault. Drivers of other vehicles sometimes try to illegally pass large trucks on the highway or freeway thereby causing the accident. But studies have shown that when these accidents are caused because of the truck driver, the following causes are very likely:
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Truck Driver Fatigue

A tired driver is a dangerous one. Truck drivers often transport a variety of goods from one part of the country to another. As a result, they end up working continuous long hours. However, federal laws are very clear on how long truckers can drive. The Federal Motor Carrier Safety Administration (FMCSA) in April 2003 instituted new “hours of service regulations” to address the concern of truck driver fatigue and the high number of accidents attributed to this problem. Although this has helped curb the number of truck accidents, driver fatigue is still believed to be a factor in one-fourth of all truck accidents.

The law allows truck drivers to operate their vehicles for a total of 11 hours in a 24-hour work period and not more than 14 hours. The law mandates that they take a consecutive 10 hours break before the start of the next work period. Studies and investigations have repeatedly shown that truck drivers and their companies have broken this hour-of-service law. Companies have been fined for allowing drivers to falsify their hours so it appears as if they have been following this law. Truck drivers are required to maintain extensive logs and other paperwork to demonstrate compliance.

Alcohol and drug abuse

Companies who employ truck drivers are required to test their drivers to verify their use of alcohol and/or drugs. Driving a large commercial vehicle under the influence of alcohol or drugs can have disastrous consequences. A driver does not even have to be inebriated to cause an accident. Even a lower blood alcohol level or drug use can impair the truck driver’s judgment on the freeway. A recent study of big rig drivers by the Insurance Institute of Highway Safety found that 15 percent of all drivers had marijuana in their system; 12 percent had non-prescription stimulants; 5 percent had prescription stimulants and 2 percent had cocaine. Less than 1 percent of the drivers had alcohol in their system. While a small percentage of truck accidents are caused because the driver is under the influence of alcohol or drugs, driver fatigue still causes a majority of truck accidents.

Reckless driving

Safe driving practices are important for all drivers, but they assume special significance when someone is driving a vehicle that could weigh up to 80,000 pounds and pulling a large load. Speeding, reckless driving, dangerously changing lanes are all driving practices that could cause a truck accident – which could easily claim lives because of the intensity of these crashes.

Distracted drivers

Distractions such as cell phones, pagers, computers, and texting have become part of our driving experience. In some cases, truck drivers may be distracted and lose control of their vehicles when they are using a cell phone or doing something else such as eating while driving.

Improper vehicle maintenance

Truck drivers and their companies are required to inspect their vehicles periodically and make sure there are no malfunctions. They must inspect brakes, taillights and tires. Next to driver fatigue, improper vehicle maintenance is said to cause the largest truck accidents.

Inexperienced drivers

Drivers get most of their knowledge of safe driving practices based on their experience. When trucking companies hire inexperienced drivers, even those who’ve only been driving for a few days or weeks and put them on long shifts, the results can be catastrophic. Trucking companies must ensure that their drivers are experienced and knowledgeable enough to take the wheel.

Jackknifing

Large 18 wheelers are particularly prone to what is known as “jackknifing.” This type of accident occurs under certain conditions particularly when drivers apply brakes suddenly and their axle brakes lock up. This essentially causes the truck to skid and go on a 90-degree angle relative to the rig’s cab. This could occur at low or high speeds. These accidents can usually be avoided by careful braking and additional driver training.

If you or a loved one has been injured in a truck, 18-wheeler, or big rig accident – whatever the cause may be – call our experienced and efficient truck accident attorneys to find out about your legal rights and how to protect them. Our accident investigators will complete a thorough investigation of your case, make every effort to protect important evidence and get you the compensation and damages you rightfully deserve. Call our Law firm today to schedule your free appointment.

Big Rig Accident Attorney Disclaimer: The truck crash, 18 wheeler accident, tractor-trailer accident, trucking accident or other legal or personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney-client relationship. Further communication with our personal injury attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a truck accident lawyer at our Law Firm for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of Texas.

Personal Injury Attorneys – Truck Accident Lawyers San Antonio

Self-Insured Companies can Be More Treacherous

Instead of purchasing normal insurance policies, some trucking companies will set aside a portion of their assets in an account devoted to insurance for when an accident happens. The federal government regulates the insurance company and demands that all businesses be registered, adjusters have licenses and certain practices are followed, but self-insured companies don’t have to adhere to these practices. That’s why these self-insured businesses have developed a reputation for being unethical and impossible to deal with when it comes to negotiations. Many times, if you want to reach a settlement with a self-insured company, you’ll have to work with an official from that company. Since this worker probably gets some of their income from profit sharing, they have every reason to reject your claim. This worker would be handing over their own paycheck if they let you get the restitution you deserve. With their own wages in limbo, self-insured companies will put their own best interests ahead of the plaintiffs and will not hesitate to do things like bully witnesses, change or tamper with evidence and threaten victims.truck accident attorneys san antonio

If a self-insured company has attempted to bully you or harass you, then you need this to cease and that can be accomplished with the assistance of an 18 wheeler accident lawyer. The moment we’re retained, our 18-wheeler attorneys can pressure self-insured companies to negotiate properly with threats of legal option a possibility.

Truckers Can’t Be Trusted

Most of us believe people are honest and trustworthy, but the trucker who injured you with their negligent behavior has too much motivation to lie. If the trucker is deemed to have harmed others with negligence, then that person will probably be receiving a pink slip in no time, if they haven’t already been fired. Truckers who have been found negligent will have a tough time finding another job quickly with that kind of black mark imprinted on their record. When you consider the job market and the economy, plenty of good, upstanding truckers will have to lie to save their jobs and be able to take care of their families. To get the compensation you need, you’ll have to show the trucker is lying.

Our 18-wheeler accident lawyers have learned about investigating and discovering the required evidence that exposes the trucker’s deception. We will ruin the trucker’s credibility with all the necessary evidence that will expose their lies.

Just like insurance adjusters who try to get victims to admit their negligence with all their questions, our attorneys will form some questions for the deposition, all of them meant to trick the truck driver into confessing his or her own lie. The 18-wheeler accident lawyers at our firm have deposed countless witnesses over 20 years and we know how to ask questions just right to catch a trucker in a lie.

How We Can Help

If you have been hurt or lost a loved one in an 18-wheeler accident, you need to hire an 18-wheeler accident attorney to guard your legal rights and make sure you get the proper compensation you deserve. From start to finish, our attorneys handle every part of your case and make sure you’re updated on any changes as they arise. Click here for more @ https://truckaccidentattorneysa.com/

Chances are the defendant has already finished its investigation and case against you. By hesitating anymore in getting an attorney, you’re creating immense damage in getting the restitution you deserve. Call us today to get a free consultation and learn how we can help you like we have countless others in Texas.

One of Our Most Recent Successful Cases – $19,000.00 Recovery – Commercial Vehicle Accident (Pulled Muscle) Recovery for client who sustained a pulled muscle in an 18-wheeler accident.

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