If you’ve been injured in an 18 wheeler accident in Texas caused by a distracted truck driver, you have the right to fight for compensation for medical expenses, lost income, and pain and suffering. However, navigating insurance claims and legal battles with trucking companies can be extremely complex and demanding. An experienced 18 wheeler accident attorney can work on your behalf to gather evidence, handle negotiations, and represent your interests.
Contact our team at Maida Law Firm for a free truck accident case consultation. As accident attorneys specializing in 18 wheeler collisions, we can help you understand your options and pursue the compensation you deserve.
Distracted Driving in Texas
Distracted driving is a serious problem these days. This means anything that takes a driver’s eyes, hands, or mind off the road.
Texas has laws against texting while driving. This means it’s illegal to read, write, or send text messages or emails while operating a vehicle. While there isn’t a complete ban on all cell phone use, this law aims to reduce a major source of distraction.
Beyond cell phone use, many other activities qualify as distracted driving. Eating and drinking behind the wheel are common culprits, as they require hand-eye coordination and attention. Adjusting the radio or navigation system can also be dangerous. Grooming activities, like applying makeup or shaving, take both hands and eyes off the road. Even talking to passengers can be a distraction, particularly if the conversation is heated or complex. Even drivers who are overly tired or stressed may also be considered distracted, as their mental focus is compromised. For truck drivers, who often face pressure to deliver goods quickly, they can deal with fatigue on the road, which makes them more likely to get distracted.
Anything that diverts a driver’s attention, even for a few seconds, can have severe consequences. When a truck driver is distracted, they might miss seeing other cars or react too late. For 18 wheeler drivers, this delayed reaction time can be extremely dangerous as the huge and heavy trucks can make it also impossible to quickly maneuver or stop in order to avoid an accident.
Proving Distracted Driving in an 18 Wheeler Accident – Attorney
Establishing that a truck driver was distracted at the time of an accident is a complex but crucial step in pursuing legal action. Proving distracted driving in a commercial truck collision often requires a thorough investigation and the gathering of specific evidence. The challenge lies in collecting and interpreting this evidence to build a compelling case. Trucking companies and their insurers often have sophisticated legal teams that attempt to minimize their liability.
Police reports and accident scene investigations provide initial insights, but they may not always explicitly state “distracted driving.” Witness testimonies from other drivers, passengers, or bystanders can offer valuable accounts of the driver’s behavior before the crash. Electronic Logging Device (ELD) data, which tracks a driver’s activity and hours of service, can reveal inconsistencies or unusual patterns around the time of the accident. With proper legal authorization, cell phone records can be obtained to determine if the driver was using their device at the time of the incident. Dashcam footage, if available, can provide visual evidence of the driver’s actions. Your attorney will also investigate the trucking company’s policies and training records regarding distracted driving, as well as the driver’s history.
Therefore, prompt investigation and evidence preservation are critical. An experienced 18 wheeler accident attorney knows how to gather the necessary proof to demonstrate the driver’s negligence. They can even work with accident reconstruction experts to analyze the crash and determine the contributing factors.
Devastating Consequences of 18 Wheeler Accidents
Collisions with 18 wheelers often lead to severe and life-altering injuries. The sheer size and weight of these trucks mean that even a seemingly minor accident can cause extreme damage.
These may include:
Catastrophic Injuries:
- Spinal cord injuries, leading to paralysis.
- Traumatic brain injuries (TBI), causing cognitive and physical impairments.
- Amputations, resulting in permanent disability.
Severe Physical Trauma:
- Multiple fractures, often requiring extensive surgery.
- Internal organ damage, leading to life-threatening complications.
- Severe burns, requiring lengthy and painful treatment.
Long-Term Effects
- Chronic pain and disability, impacting daily life.
- Extensive medical treatment and rehabilitation, incurring substantial costs.
- Emotional and psychological trauma, such as PTSD, anxiety, and depression.
Wrongful Death
- In the most tragic cases, these accidents result in fatalities, leaving families devastated.
Beyond the physical injuries, being in an accident like this can cause significant financial strain on you. Medical bills, lost income, and the need for ongoing care can create immense hardship and can affect the course of your life indefinitely.
Finding the Best Attorney for Your Case
Look for a lawyer with experience in personal injury and accident cases, check their track record, and read client reviews. You want to select someone who understands Texas trucking laws and has a history of successful outcomes.
Next, make sure you feel comfortable and confident with the attorney and their team when you meet with them for your initial case consultation. They should explain things clearly and answer your questions. This will help you choose a law firm that you feel will advocate strongly for your rights.
Maida Law Firm: 18 Wheeler Accident Attorneys
If you’ve been injured in an accident caused by a distracted truck driver, Maida Law Firm can help. We understand the stress you’re facing, and can take up the fight on your behalf. Contact us today for a free case evaluation so we can discuss your situation with you personally.