Truck accidents are often catastrophic events due to the sheer size and weight of commercial vehicles. The consequences of these accidents can be devastating, leading to severe injuries, property damage, and even death. In McAllen, Texas, the significant presence of commercial trucks on the roads makes these accidents a critical concern for residents and visitors alike.
Navigating truck accident injury claims can be challenging due to intricate regulations and the severity of injuries typically sustained. As a result, it is crucial to hire a skilled McAllen truck accident attorney to ensure you receive the compensation you deserve.
Injured in a Truck Accident in McAllen?
If you have suffered injuries in a truck accident, the proficient McAllen truck accident attorneys at The Adley Law Firm are here to help. They offer complimentary, no-obligation consultations to assess your case and determine the best course of action. It is crucial to have a legal team with a solid record of success in handling truck accident cases to ensure you receive the compensation you deserve.
McAllen, TX Truck Accident Statistics
The Texas Department of Transportation (TxDOT) collects and analyzes data related to motor vehicle accidents in the state. According to TxDOT, in 2019, there were 39,193 total crashes involving commercial motor vehicles (CMVs) in Texas, resulting in 15,793 injuries and 613 fatalities.
In McAllen, there were 52 crashes involving CMVs in 2019, resulting in 19 injuries and two fatalities. Additionally, in Hidalgo County, where McAllen is located, there were 482 CMV crashes, causing 162 injuries and 13 fatalities. These statistics emphasize the importance of seeking legal assistance after a truck accident to ensure you receive the compensation you deserve.
Leading Causes of Truck Accidents in McAllen, TX
Several factors contribute to truck accidents in McAllen. Some of the most prevalent causes include:
- Driver fatigue
- Distracted driving
- Failure to yield
- Equipment failure
- Cargo overload or improper loading
- Poor vehicle maintenance
- Driving under the influence (DUI)
- Inadequate driver training
These factors often stem from the negligent actions of trucking companies, truck drivers, and cargo loaders. Hiring a skilled McAllen truck accident attorney is crucial in determining liability and ensuring you receive the compensation you deserve.
Negligent Behavior Leading to Truck Accidents
Various forms of negligent behavior can lead to truck accidents. Some examples include:
Truck driver exhaustion: Federal regulations limit the number of hours truck drivers can operate their vehicles without rest. However, some drivers and companies ignore these rules, leading to fatigued drivers and increased accident risk.
Careless driving by truckers: Speeding, tailgating, or aggressive driving behaviors can cause devastating accidents.
Improperly loaded or secured cargo: Overloaded or improperly secured cargo can cause a truck to become unstable, increasing the risk of accidents.
Hazardous road conditions for trucking: Poorly maintained roads or inadequate signage can contribute to truck accidents.
Distracted driving by truckers: Texting or using devices while driving is a common cause of accidents involving commercial vehicles.
Insufficient training of truck drivers: Inadequate training can lead to drivers being unprepared for various driving situations, increasing the risk of accidents.
Truckers driving under the influence (DUI): Operating a commercial vehicle under the influence of alcohol or drugs is illegal and significantly increases the risk of accidents.
Inadequate vehicle fleet upkeep: Poor maintenance of trucks can lead to equipment failure and increase the likelihood of accidents.
Steps to Take Following a Truck Accident
If you are involved in a truck accident, it is essential to take the following steps:
- Secure your safety: Move to a safe location away from the accident scene if possible.
- Notify the police: Call 911 and report the accident. A police report will be crucial in building your case.
- Exchange details and take photographs: Obtain contact and insurance information from all parties involved in the accident. Take photos of the scene, including vehicle damage, road conditions, and any visible injuries.
- Seek witnesses: Obtain contact information from any witnesses to the accident.
- Consult a doctor: Even if you believe your injuries are minor, it is essential to seek medical attention to document your injuries and receive appropriate care.
- Contact The Adley Law Firm’s McAllen truck accident attorneys: Retaining legal representation is crucial to ensure you receive the compensation you deserve.
Typical Truck Accident Injuries
Truck accidents can cause a wide range of injuries, including:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Internal injuries
- Lacerations and contusions
Given the severity of these injuries, it is essential to seek both medical and legal support after a truck accident.
Truck Accident FAQ’s
Here are ten frequently asked questions related to truck accidents:
What damages can I recover in a truck accident claim?
In a truck accident claim, you may be able to recover the following types of damages:
- Economic Damages: These damages are designed to compensate you for any financial losses due to the accident, including medical expenses, lost wages, and property damage.
- Non-economic Damages: These damages compensate you for non-monetary losses, such as pain and suffering, mental anguish, loss of consortium, and loss of enjoyment of life.
- Punitive Damages: These damages are awarded in cases where the defendant’s actions were particularly egregious or malicious. They are designed to punish the defendant and deter similar behavior in the future.
How long do I have to file a truck accident claim in Texas?
In Texas, the statute of limitations for filing a truck accident claim is two years from the date of the accident. If you do not file your claim within this time period, you may lose your right to seek compensation.
What is the difference between a truck accident claim and a car accident claim?
A truck accident claim often involves more complex issues than a car accident claim. This is due to the size and weight of commercial trucks, the potential for multiple liable parties (including the truck driver, trucking company, and others), and the federal and state regulations governing the trucking industry.
Who can be held liable in a truck accident?
Several parties can potentially be held liable in a truck accident, including:
- Truck Driver: If the driver was negligent, such as driving while distracted or under the influence, they could be held responsible.
- Trucking Company: The company can be held liable if they failed to properly train or supervise their drivers, or if they pressured drivers to violate safety regulations.
- Truck Manufacturer: If a defect in the truck contributed to the accident, the manufacturer may be held liable.
- Cargo Loaders: If improper loading of the truck’s cargo contributed to the accident, the company or individuals who loaded the truck could be held responsible.
How is fault determined in a truck accident?
Determining fault in a truck accident usually involves a detailed investigation of the accident scene, examination of the vehicles involved, review of any available video footage, and analysis of the truck driver’s logs and other records. Expert witnesses, such as accident reconstruction specialists, may also be used to help determine fault.
What should I do if the insurance company offers me a settlement?
If the insurance company offers you a settlement, it is generally advisable to consult with an experienced truck accident attorney before accepting. The initial settlement offer is often lower than what you may be entitled to, and accepting it could prevent you from seeking additional compensation later on.
How long will it take to resolve my truck accident case?
The length of time to resolve a truck accident case can vary widely depending on the facts of the case, the number of parties involved, whether liability is disputed, and how busy the court calendar is. It could take anywhere from several months to a few years to resolve a truck accident case.
What if I was partially at fault for the accident?
Texas follows a modified comparative negligence rule, which means that you can still recover damages if you were partially at fault for the accident, as long as your percentage of fault is not more than 50%. However, your damages will be reduced by your percentage of fault.
How much does it cost to hire a truck accident attorney?
Most truck accident attorneys work on a contingency fee basis, which means they only get paid if they recover compensation for you. The fee is usually a percentage of the settlement or judgment amount, which could range from 25% to 40% depending on the complexity of the case.
How do I choose the right truck accident attorney for my case?
Choosing the right truck accident attorney involves considering factors such as their experience in handling truck accident cases, their knowledge of the trucking industry and regulations, their track record of successful verdicts and settlements, and their communication skills. It can also be helpful to read reviews from previous clients and to schedule a consultation to get a feel for how the attorney would handle your case.
Consult The Adley Law Firm’s McAllen truck accident attorneys for answers and resources tailored to your specific situation.
The Adley Law Firm Provides No Upfront Cost Representation
The Adley Law Firm operates on a contingency fee basis, meaning you pay no upfront costs for their representation. You only pay if they successfully recover compensation on your behalf. This arrangement allows you to focus on your recovery without the financial stress of attorney fees. Contact The Adley Law Firm for a free consultation to discuss your case.
Contact The Adley Law Firm’s McAllen Truck Accident Attorneys Today!
If you have been injured in a truck accident, do not hesitate to contact The Adley Law Firm’s McAllen truck accident attorneys. Remember that the statute of limitations in Texas is typically two years from the date of the accident, so it is essential to take action as soon as possible to safeguard your rights and maximize your recovery. Call or save The Adley Law Firm’s contact information today to ensure you receive the compensation you deserve.