Truck accidents are some of the most traumatic events one can experience. If you’ve been involved in an 18-wheeler accident in the Dallas area, you likely have many questions and concerns.
What are 18-wheelers?
An 18-wheeler, also called a tractor-trailer, is a type of semi-trailer truck used to haul cargo on highways and interstates. These large commercial vehicles have five key components:
- Tractor: The front part of the vehicle that powers and steers the entire rig. Tractors usually have powerful diesel engines and sophisticated cabins for long-haul drivers.
- Fifth Wheel: The coupling device located over the rear of the tractor that connects it to the semitrailer. Fifth wheels allow the trailer to pivot side-to-side during turns.
- Kingpin: A vertical pin located on the front of the semitrailer used to lock into the fifth wheel and connect the two vehicles.
- Semi-Trailer: The large cargo container pulled behind the tractor. Trailers come in various lengths and can carry everything from general freight to hazardous materials.
- Air Brake System: An arrangement of air compressor, tanks, hoses, and drums/discs that allow the driver to stop this massive rig. The proper functioning of air brakes is crucial for safety.
On average, a fully loaded 18-wheeler can weigh up to 80,000 pounds. With this much mass and power on the road, accidents involving big rigs often cause catastrophic injuries. Due to their size, many crashes are also multi-vehicle collisions.
Common Causes of 18-Wheeler Accidents in Dallas
There are several factors that frequently contribute to accidents between passenger vehicles and commercial trucks on highways around Dallas:
Driver Fatigue/Distraction
Commercial drivers are only allowed to be on duty for a maximum of 11 hours per day. However, meeting delivery deadlines can lead drivers to ignore fatigue and push on despite drowsiness. Cell phones and in-cab entertainment are also major distractions. Fatigued or distracted driving was listed as a contributing circumstance in over 13% of fatal truck crashes between 2005-2009.
Brake/Tire Failures
As with any vehicle, wear and tear on brakes increases the risk of sudden failures for trucks. Tire blowouts can also occur without warning. Yet commercial vehicles that fail rigorous inspections may still be allowed to operate, putting others at risk. The FMCSA reported that over 10% of fatal truck accidents involved brake or tire defects from 2000-2003.
Poor Maintenance
Constant use of tractors and trailers for long-distance hauling means regular maintenance is paramount. However, some carriers try to cut costs by skimping on repairs and inspections. Issues like loose or missing lights, worn brakes, bald tires, and cracked frames can jeopardize safety if not promptly addressed.
Unsafe Driving Behavior
Dangerous actions like speeding, lane violations, and failure to yield are unacceptable to any driver but especially hazardous for operators of vehicles with 80,000+ pounds. Aggressive driving endangers truckers and fellow motorists alike. Over 15% of fatal truck crashes from 2005-2009 involved illegal, unsafe, or erratic truck movements before the collision.
Hazardous Cargo Shifting
With thousands of pounds of freight improperly secured inside trailers, even gradual breaking can cause loads to shift positions suddenly. This shifting cargo has fatally slammed into truck cabs on jammed brakes before. Damaged straps and corner guards mean loads are no longer anchored as designed during swerves or hard stops.
Legal Rights of Victims in 18-Wheeler Accidents
If you’ve been injured or your loved ones killed due to the negligence of a commercial trucker, carrier, shipper, or other responsible party, you deserve compensation under Texas law. Some key rights include:
- Pursuing damages from at-fault parties to cover medical bills, lost income, pain/suffering, and more.
- Holding trucking companies accountable through theories of respondeat superior or negligent hiring/entrustment.
- Suing truck, trailer, and component manufacturers for defects under product liability.
- Receiving lost financial support/benefits if a primary wage earner was killed.
- Taking legal action until the statute of limitations expires, typically 2-4 years from the crash date.
Proving liability in 18-wheeler accidents generally requires establishing that the defendant violated a legal duty of reasonable care owed to you and that this breach directly caused the collision. Experienced lawyers can investigate electronic data recorders, inspect vehicles/cargo, obtain witness statements, calculate financial losses, and identify all parties potentially at fault to build a strong case for compensation.
Working with Dallas Truck Accident Attorneys
If you’ve been involved in a serious or fatal 18-wheeler collision in the Dallas area, seeking legal counsel from a truck accident lawyer should be your top priority after medical treatment. Here are some tips when consulting potential representation:
Look for Experienced Counsel
Ideally, find an attorney or law firm that exclusively handles trucking litigation and can demonstrate success in recovering damages for crash victims over many years of practice. Complex cases against giant carriers require specialized expertise.
Discuss Legal Strategy and Next Steps
Thoroughly discuss their intended investigative approach, whether suing individual drivers/carriers or manufacturers as well, expectations for settlements/court timelines, communication procedures during the process, and periodic status updates. This establishes trust and accountability.
Understand Legal Fees
Most reputable firms work truck accident claims on contingency and only receive payment as a portion of any settlement or award allocated for legal costs. However, out-of-pocket expenses for experts/exhibits may be advanced and deducted at the conclusion. Ask about all costs upfront.
Check for Resources Beyond Lawsuits
In addition to litigation, top attorneys may have claim specialists, medical care advisors, vocational rehabilitation counselors, and charity funds available to help clients maximize results and get lives back on track through non-legal means too.
Request References to Past Clients
Speak directly to prior clients of any potential lawyer to hear unfiltered reviews of personal experiences, satisfaction with services rendered, and whether the attorney stood by them through difficulties with a compassionate demeanor as promised.
With the right legal advocate in your corner determined to hold duty violators fully responsible, you gain an important ally on the road to justice and recovery after a life-altering collision with a tractor-trailer in Dallas. Thoroughly vet candidates to ensure opting for the best possible representation.
FAQs About 18-Wheeler Accident Lawsuits
This section addresses some frequently asked questions victims have about pursuing legal action:
What is the typical resolution process for an 18-wheeler accident case?
Most truck crash claims take 12-18 months to settle out of court or 2-4 years if proceeding to a jury trial. Initial phases involve investigation, evidence collection, liability determination, damage calculations, and possibly mediation/arbitration. Later stages bring settlement negotiations or presenting the case before a civil judge/jury.
How much can I expect to receive in compensation?
Award amounts vary considerably based on individual circumstances like injury severity, lost income, accident responsibility percentages, insurance policy limits, and other equities. Average settlements range from $150,000 to $1 million depending on the specific factors, with very serious/permanent injuries potentially yielding multimillion-dollar jury verdicts.
Can I file a claim even if the police report says I was partially at fault?
Yes, comparative negligence laws in Texas allow victims to still recover damages as long as they were not solely responsible for the crash based on their own negligent actions. If you were 20% at fault, for instance, compensation would be reduced by 20%. It is up to a judge/jury to weigh responsibility.
What costs are covered through an 18-wheeler accident settlement?
Compensation aims to genuinely “make you whole” by covering all documented bills for medical care, rehabilitation, lost income/benefits, pain/suffering, property damage, funeral expenses if fatality is involved, and potentially punitive damages if defendants acted maliciously. Future uncovered costs are also estimated.
How long do I have to file a lawsuit after an 18-wheeler crash?
The statute of limitations in Texas for personal injury claims is two years from the incident date. If representation is retained shortly afterward and they efficiently gather evidence and pursue negotiations/litigation, that timeline typically suffices. Those delays could jeopardize their legal rights.
Can family members be compensated if my loved one was killed by a commercial truck?
Absolutely. Surviving relatives can sue to recover damages for wrongful death, like loss of companionship/care, mental anguish, and lost financial support that would have been provided over the lifetime of the deceased. Texas law designates who is legally eligible to bring such claims.