Trucks are a common sight on Texas roads, transporting goods and fueling the economy every day. However, the sheer size and weight of these vehicles can result in catastrophic accidents that lead to severe injuries or even death.
Linebaugh, Dority & Associates, LLP, P.C. specializes in representing victims of truck accidents. With a wealth of experience and a focus on personalized service, our La Porte truck accident lawyers are well-equipped to handle these complex claims. If you or a loved one have been injured in an accident with a truck, schedule a free consultation today to explore how we can assist you in securing the compensation you deserve.
Why Choose the Attorneys at Linebaugh, Dority & Associates, LLP?
- With over 59 years of combined experience, our attorneys have successfully navigated the complexities of trucking regulations to secure favorable outcomes for our clients.
- Our founding attorney, Dan Linebaugh, is board-certified in Truck Accident Law by the National Board of Trial Advocacy and in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction shared by only 2% of Texas attorneys.
- We handle a small number of cases at a time, ensuring that all of our truck accident clients receive the personalized, hands-on attention they deserve from our La Porte personal injury lawyers.
What Types of Accidents Involve Large Commercial Trucks?
An 18-wheeler outweighs a family car by as much as 76,000 pounds, leaving motorists in other vehicles vulnerable to severe injuries. According to the National Safety Council (NSC), around 70% of injuries in truck accidents happen to the occupants of other vehicles, not the truck driver. Determining liability often depends on the type of accident and what caused it. Common types of truck accidents in La Porte include the following:
- Jackknife accidents, which happen when the trailer comes out of alignment with the truck, pushing the truck forward and sideways to crash in the shape of a partly opened jackknife
- Rear-end collisions
- Sideswipes due to unsafe lane changes
- Tip-over and rollover accidents
- T-bone accidents in intersections
- Head-on collisions
- Tire blowout accidents
- Underride accidents, which happen when a car lodges below the truck’s trailer
- Truck override accidents, which occur when a truck collides with a smaller car and drives up and over it
- Multi-car pileups
- Spilled cargo accidents
- Fuel or toxic chemical spills
Truck accidents often end in multiple involved vehicles with many serious injuries. Chemical spills and fuel explosions in truck accidents sometimes impact entire communities, making it essential to identify the correct liable party to hold financially accountable.
Common Factors That Lead to Truck Accidents
Truck accidents are often caused by negligence, often on the part of the driver or the trucking company itself. When these parties fail to follow the rules of the road, break state and federal regulations, or commit any other wrongful act, serious accidents can occur.
Some of the most common causes of truck accidents include:
- Driver fatigue
- Speeding
- Improper loading
- Distracted driving
- Vehicle defects
- Inadequate driver training
- Driving under the influence
- Failure to follow safety standards
- Road defects, such as potholes
All accidents are frightening and traumatic, especially when you or a loved one suffers serious injuries, but few accident scenes are as devastating and chaotic as an accident involving a large truck like an 18-wheeler, box truck, or dump truck.
When fully loaded, these large commercial carrier trucks and trailers can weigh up to 80,000 pounds, placing motorists in average, 4,000-pound family cars at significant risk of serious or catastrophic injuries in an accident. If you lost a loved one due to serious truck accident in La Porte, TX, call our wrongful death attorney in La Porte today.
Who Is Liable for an 18 Wheeler Accident in La Porte, TX?
If you were injured by a truck driver in La Porte, you have the right to pursue an insurance claim or personal injury lawsuit. In your claim, you can recover compensation to help pay for your lost wages, medical care, and other damages associated with the accident. However, you will need to prove that the defendant in your case caused the collision.
Determining liability in a truck accident involves a comprehensive investigation, as multiple parties could be at fault. These may include:
- The truck driver for negligent actions like speeding or distracted driving
- The trucking company for poor vehicle maintenance or inadequate driver training
- Cargo loading companies for improper loading
- Truck manufacturers for design or manufacturing defects
Trucking companies have powerful insurance companies that are not on your side after a Texas 18-wheeler accident. Instead, they may protect their profits at your expense unless you have representation by an experienced La Porte trucking accident attorney to investigate the accident, determine the negligence that caused the accident, and identify the correct liable party.
What Damages Are Available After Proving Liability for a Truck Accident?
Once an injury victim’s attorney identifies the negligence that caused the accident and determines the liable party and appropriate insurance company, they carefully calculate the injury victim’s damages to recover the maximum available compensation. Common damages available in Texas 18-wheeler accident claims include the following:
- Property damage costs to repair or replace a vehicle
- Medical expenses
- Future medical expenses
- Lost wages
- Future income loss
- Diminished earning ability (due to disability)
- Compensation for pain and suffering
- Compensation for other non-economic damages that apply in catastrophic injury cases, such as loss of limb, the loss of one of the senses, disfigurement, loss of an organ, or diminished quality of life
If a loved one died in a truck accident in La Porte, a wrongful death claim could recover compensation for a close surviving family member.
How Long Do I Have to File a Truck Accident Claim In Texas?
Texas limits the amount of time injury victims have to file a claim for their damages after any personal injury, including truck accident injuries. This prevents defendants from living under the long-term threat of lawsuits and ensures that evidence is still available when negotiating a claim with an insurer or arguing the case in court.
The statute of limitations for truck accident claims in Texas is two years from the accident date.
Nearly 95% of truck accident claims end with a settlement, but if a case requires a trial, the injury victim must file the petition with the court within two years of the accident date.
Only under specific circumstances does the court consider extending the two-year time limit. For example, if a minor suffers an injury, they have up to two years after their 18th birthday to file a claim. The court may also extend the statute of limitations if an injury victim discovers their injury later or was incapacitated for some time after the accident.
How an Attorney Can Support Your Truck Accident Claim
Navigating a truck accident claim is a complex process requiring a deep understanding of federal and state regulations, as well as an in-depth knowledge of liability and insurance requirements. In these situations, you need an attorney on your side to protect your best interests.
At Linebaugh, Dority & Associates, LLP, P.C., our attorneys have specialized skills in auto accident law. We will handle the intricate legal procedures, allowing you to focus on recovery, and fight to ensure that all liable parties are held accountable. We will carefully calculate all of the potential damages that you could claim, maximizing the compensation you receive for medical expenses, lost wages, and emotional suffering.
Contact a La Porte Truck Accident Attorney Today
Truck accidents in La Porte can be devastating. Don’t navigate the aftermath alone. Schedule a free, no-obligation consultation with Linebaugh, Dority & Associates, LLP today by calling (281) 422-0505 or completing our online contact form.