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How Might a Truck Driver be Negligent in an Accident?

 

Traffic accidents happen with some frequency. According to the Texas Department of Transportation, TxDOT, a reportable crash occurs about every minute on Texas roadways, with an injury arising about every two minutes and death about every two and a half hours. The Houston area is a universal hub for truck traffic across the state and the country.

18-wheeler lawyer Houston

Common Causes of Truck Accidents

Truck accidents may be caused by human error, mechanical malfunction, weather or road conditions, or a combination of these factors. Truck drivers cause many accidents that occur. Some of the most common human errors include:

●     Speeding: Speeding is one of the most common causes of truck accidents. When a truck travels too fast for conditions, it’s difficult to stop. Rear-end accidents are also common when the big rig is carrying a heavy load.

●     Tailgating: Trucks need to keep a safe distance from the vehicles ahead. If they get too close, they could not stop quickly and might cause a crash. Rear-end collisions are among the most dangerous because they can cause severe and life-threatening injuries.

●     Distracted Driving: Distracted driving is a leading reason for human error crashes. Distractions include using a cell phone, eating, using GPS and other devices, and talking to passengers. By far, texting while driving is the most common distracted driving.

●     Fatigue: Truck drivers must rest for a while between shifts and can only be on the road for a certain length of time without rest. Failing to follow the rules could cause a driver to become fatigued. Fatigue could cause a driver to be less responsive, and the driver might fall asleep.

●     Aggressive Driving: Aggressive driving is becoming more problematic in our society. Drivers under pressure or who are facing other problems might be more susceptible to aggressive driving.

●     Inexperience: Although truck drivers must complete training courses before they can obtain their license, many new truck drivers do not have enough experience behind the wheel. When a problem occurs, an inexperienced truck driver is more likely to make mistakes that can lead to severe accidents.

Commercial Truck Driver Requirements

Commercial truck drivers must obtain a Texas Commercial Driver’s License, CDL, to be eligible to drive an 18-wheeler. CDL drivers must take special training classes to prepare for driving a commercial vehicle. There are many options for a CDL in Texas. There are four classes of CDL licenses, including Class A, Class B, Class C, and Class D. Class A allows drivers to operate a vehicle over 26,000 pounds. A Class B permit allows the driver to operate a bus with up to 24 passengers. A Class C permit allows the driver to operate vehicles that do not belong to Class A or B and or that carry hazardous materials.

Also, the driver must have special endorsements for transporting various types of materials. Most endorsements require drivers to pass knowledge and road driving tests. Also, drivers may operate interstate or intrastate, depending on their type of license.

Truck drivers must pass the meet the medical requirements, and the owner must have adequate insurance on the truck. Truck drivers must be at least 21 years of age and have a valid passenger vehicle driver’s license. Many trucking firms have additional requirements for their drivers. Trucking companies ensure that their drivers have the proper license and certification before they get behind the wheel.

If a truck driver causes an accident due to negligence, he might be responsible for the crash. You may be owed compensation for your damages, including medical expenses, money for pain and suffering, lost wages, and more. 

If you were hurt in a truck accident, do not delay. Contact our experienced 18-wheeler attorneys in Houston for a no-cost injury case consultation. Call (281) 893-0760!

Do I Need a Quick Response Team After a Truck Accident?

 

Serious accidents with trucks occur with some degree of frequency. The Houston area has more than its fair share of big rigs on the roads. When you get into an accident with a truck, it can be a frightening experience. There are several things you need to do following a big-rig accident. Call the police to report the accident. Then seek medical treatment as soon as possible for your injuries. Consult with an attorney for a truck accident after the crash. You may be entitled to money for your injuries and your attorney will immediately begin the process to get you the money you and your family deserve.Need a lawyer for a truck wreck

What is a Quick Response Team?

Immediately following a truck accident, it is essential to begin to gather evidence in your case. The negligent driver should be brought to justice. A quick response team may consist of a team of professionals such as attorneys, investigators, medical experts, and accident reconstruction experts. Most large trucking companies already have a team of experts in place and they will start to work on disproving your case. It is imperative that you collect important documentation and information such as the electronic logging device, the maintenance log, and other details about the truck itself. If you do not request this data quickly, it could be lost, making it extremely difficult to prove your case.

Truck Accidents are Different Than Other Accidents

Truck accidents differ from other vehicle accidents in several ways. Trucks are larger and heavier, so the damage that occurs as a result of an accident is likely to be severe. Trucking companies generally have insurance coverage in higher amounts than other vehicles, so they can cover the expense associated with more extreme injuries and fatalities. Trucking companies often have their own group of attorneys who are ready to review and analyze the situation and they also have a group of investigators and other experts. They will immediately review the accident and may start to find ways to disprove your claim. Trucking companies have access to records that are necessary to prove negligence. It may take a court order to preserve this data in order to be able to access it for your claim.

How to Get a Quick Response Team

When you have been hurt in a truck accident, the last thing you need to worry about is gathering a team of experts to handle your claim. Yet that is exactly what you may need in some instances.

At Baumgartner Law Firm, we have access to the experts that you need to protect your rights and help to get you the compensation you deserve. We will quickly assemble the precise team members we need for your particular case and get them started on the important tasks. Your case may require a selection of professionals based on the facts of your case. We handle all of the legal issues surrounding your claim so you can concentrate on physical and emotional recovery. If you were hurt in a truck accident, do not delay.

Contact our experienced Houston legal team for a free case consultation. Call 281-893-0760

Should I Give a Statement to the Insurance Company After a Truck Accident?

 

Driving is safer now than ever before, but it is still dangerous. According to the Texas Department of Transportation (TxDOT), an accident occurs about once a minute in the state. Luckily, many accidents are minor. However, sometimes they result in serious injuries. If you were injured in a car accident, you need to protect your rights with help from a Houston semi-truck accident attorney. Your lawyer will review the details of your accident and help you get the money you deserve for your injuries.

What Happens After a Traffic Accident?

After an accident, the other driver’s insurance company will contact you to obtain a statement and to learn about your injuries. It is important to know that the insurance representatives almost always record phone conversations. They will ask you questions about how the accident happened, what you saw, and how you think it occurred. The conversation may seem benign, but your answers to these questions could have a significant impact on your ability to recover compensation for your damages.

The insurance company may try to use your own statement against you later. For instance, if you tell them you were traveling quickly, they could try to say that you were speeding and caused the crash. Keep in mind that the insurance company will always try to keep their expenses down and will not always have your best interests in mind. For that reason, it is best to talk to a knowledgeable Houston accident lawyer before you agree to speak to the insurance company. If you choose to give a statement, you will get some guidance from a lawyer before you discuss the matter with the insurance adjuster.

Modified Comparative Negligence in Texas

Texas uses a modified comparative negligence rule in personal injury claims. A percentage of fault is ascribed to each driver involved in a crash. Drivers may get compensation for their damages as long as their percentage of fault does not exceed 50%. With the rule in place, insurance companies may try to place some blame for the accident on the other driver. The statement you give to the insurance company could be used to prove that you were partly or fully at fault for the accident.

The insurance company should use information from a variety of sources to make a determination of fault in an accident. They review the police report and witness statements as well as the statements of the drivers. Remember that anything you say to the insurance adjuster will be part of the permanent record of the case and it could make it harder to get the money you are owed.

Speak With a Truck Accident Attorney

The best thing to do following an accident is to discuss the matter with an experienced big rig accident attorney. Your lawyer will review the details of the situation and give you support and guidance on how to talk to the insurance company.

If you were hurt in an accident, do not try to go it alone. Get the help you need from our knowledgeable legal team. Call us today for a free initial case consultation.

(281) 893-0760

Who is Responsible for Cargo Falling Off a Semi?

 

 

Houston has some of the most commercial trucks on the roads. Our area is a hub for transportation, and many trucks need to travel through our city to get to other parts of the country. Trucks can pose a threat to safety on our roads. One of the concerns is for falling cargo. When a truck loses part of or an entire load, it can result in extremely dangerous conditions for other drivers. In many instances, it is impossible to avoid debris on the road. Cargo on the roads has been the cause of some serious accidents.

What Causes Trucks to Lose its Cargo?

A number of factors may contribute to the loss of cargo for a truck. Large semi-trucks may weigh as much as 80,000 pounds when they are fully loaded. Trucks that have open beds are most likely to lose their cargo. However, even closed trucks can become unbalanced if their load shifts unexpectedly. This shift can cause the truck to swerve out of control. Even an experienced driver will have trouble trying to keep this type of trucking accident from occurring.

Cargo that is not secured properly could come loose during transport. When the cargo is not secured, it can come off the truck in an irregular manner. There have been incidences in which large, heavy spools have fallen off trucks directly into lanes of traffic. Unsecured wood could fly off the truck and become a projectile, hitting into other vehicles. These types of hazards are not uncommon on our Houston roads. In these instances, the truck driver or trucking company can be responsible for accidents and damage caused by the loss of cargo.

What are the Laws Regarding Cargo Securement?

The Federal Motor Carrier Safety Administration (FMCSA) has rules in place that require trucks to use proper methods to secure cargo. The rules apply to all large commercial trucks that operate on our nation’s roads. The rules are in place to ensure that large and heavy loads will not come loose during transport. Drivers or trucking companies must use adequate tie-downs and place them properly so they will not come loose, break, or release while on the road. When the incorrect materials are used for tie-downs it can get cut, or friction can break the cords.

The FMCSA provides minimum standards for tie-downs based on testing. The tie-downs must withstand forces in every direction to protect the cargo and keep it in place. When cargo shifts, whether it is inside a truck or on an open vehicle, it can cause the truck to veer out of control. If cargo falls off the truck on the road, it causes serious harm and possibly fatalities. The FMCSA has specific rules for various types of loads such as pipes and logs.

If you were hurt in an accident due to falling cargo, we may be able to help. On the cases we accept, we investigate the incident and gather important documentation that will prove whether the load was properly secured and who is at fault.

Negligent parties can be held responsible for your damages, including your medical expenses, lost wages, and more.

Call the Truck Accident Attorney for a Consultation

Contact the truck accident attorney with 35 years experience in helping Texas families after an accident with an 18-wheeler.

Call 281-893-0760   24/7

Two Killed in Accident with Three Semi-Trucks on US 281

US 281 Truck Wreck

A major accident between three big rigs left two people dead near Hico. The accident happened on U.S. 281 just north of Hico, according to a spokesperson for the Texas Department of Public Safety (DPS). Officials state that the accident happened when one semi-truck was traveling northbound when it crossed the road into oncoming lanes of traffic. The semi-truck struck another big rig that was traveling southbound. The accident was a head-on collision, one of the worst types of accidents possible.

Then, another semi-truck that was also traveling southbound tried to avoid the crash in front and took evasive action. Unfortunately, the driver could not avoid hitting into the two semis that had just collided ahead of the truck. The first collision resulted in fire. Both drivers involved in the head-on crash died at the scene. The third driver did not suffer injuries. Luckily, no other vehicles were involved in this serious crash. Part of U.S. 281 was closed for more than 12 hours while the accident was cleared.

What Caused the Big Rig Accident?

The cause of this accident is still under investigation. The Texas Department of Public Safety (DPS) put out a statement saying “The Texas DPS urges all drivers to avoid distracted, fatigue and impaired driving. These are among the top factors contributing to fatal crashes across our state.” While we do not know the factors involved in this incident, fatigue or distracted driving are likely to be at least partly to blame.

Distracted driving happens when the driver takes his hands off the wheel, his eyes off the road, or his mind off driving. Some activities, such as texting while driving, are extremely dangerous because they cause all three types of distraction. Truck drivers must follow the law regarding how many hours they can drive before they must rest. However, fatigue still continues to be a problem that may factor into some truck accidents.

What to do After an 18-Wheeler Accident

If you were involved in a truck accident, you may be seriously hurt. Seek medical attention and make sure the police respond to the crash. The police will investigate the accident and obtain information from the drivers, passengers, and witnesses. Contact an experienced truck accident lawyer in Texas as soon as possible.

If you hire a lawyer for a truck wreck, they will protect your rights and handle the details of your case while you focus on your recovery. You may be entitled to compensation from the negligent driver or the trucking company. Your lawyer will help to gather information from the accident to prove your claim.

In some cases, experts may be required to prove how the accident happened. The attorney you choose should have a team of professionals to assist with obtaining and evaluating documents and accident reconstruction when necessary.

You may also require medical experts to provide information about your condition and future prognosis. If you were hurt in a serious truck crash, you do not need to go it alone. Get the help you need from a team of respected 18-wheeler accident attorneys.

Call (281) 893-0760 today for a free initial case consultation on an injury from a semi-truck accident.

Should I Release My Medical Records After a Truck Accident Injury?

 

Truck accidents are often serious and may result in severe injuries. It is common for the truck driver or owner’s insurance company to contact you following the accident. The insurance adjuster will ask you about the accident and find out about your injuries. It is important to remember that the insurance company is not on your side. Their goal is to try to resolve the claim as fast as they can and for as little as possible and pay nothing if they can get away with that!

Should I give the adjuster a medical release?

If you were hurt in a truck accident, do not hesitate to contact a trucking accident attorney to assist you and help you protect your rights.

What is a Medical Records Release?

A medical records release is written permission for health providers to release your medical information. The federal Health Insurance Portability and Accountability Act (HIPAA) along with state laws require health care providers do not release medical information unless the patient gives written permission. Therefore, your doctor and hospital will not disclose patient information to the insurance company or anyone else. The HIPAA protects your privacy in regards to your health and medical records.

Why Does the Adjuster Need My Medical Records?

It is not unusual for the insurance adjuster to request your medical records. There are several reasons they want to view your records. The insurance company wants to verify your injuries and medical treatment. They want to make sure that the treatment you received for your injuries was reasonable. In addition, they may want to view your prior medical conditions and care because they may try to prove that you had prior injuries that are not related to the accident. Remember that the company will try to pay as little as possible for the damages caused by their negligent insured part.

Should I Sign a Medical Release?

It is best to review the medical release to make sure that it is correct. The insurance company may tell you that they cannot process the claim until they receive your records. However, they do not need to see all of your records but only those related to the injuries from the accident. Limiting the scope in time is also important for your privacy because you don’t want the insurance company getting unrelated medical records going back decades.

 

Therefore, it is best to have your attorney for the truck accident review the request and make sure that they amend it to include permission only for your accident-related treatments. You want to provide records, but only those that are necessary for the claim. You certainly do not need the insurance company looking at your unrelated prior treatments and trying to use those to try to reduce your current claim.

If you were hurt in a truck accident, you may be upset and overwhelmed. You need to take care of your medical needs and let a qualified truck accident attorney handle the legal issues.

Your lawyer will protect your interests and will always advise you as to your choices and options that are best for your particular case. Do your homework and select the best 18-wheeler accident attorney you can find as soon as possible after the crash.

Call us for a FREE No-Obligation consultation about an injury accident in Texas.

Call 281.893.0760   24-7!

About Texas Wrongful Death Trucking Accident Lawsuits

 

Unfortunately, it is not expected that loss of life resulting from semi-truck accidents will end in the foreseeable future. The size of a big rig almost guarantees serious injury if not death in crashes at highway speeds. I have written about a few truck drivers sent to jail after the wrongful death of an innocent victim. But, most of the time, it is up to a wrongful death 18-wheeler accident lawyer to hold the truck driver and his company accountable.

 

Many Reasons for Wrongful Death Tractor-Trailer Wrecks

 

Wrongful deaths that result from a collision with semi-truck driver are a difficult topic to discuss – yet a reality on Houston roadways. Sometimes the accidents are caused because the driver is distracted or impaired. At other times they are the consequence of poor road or weather conditions. Most of the time, a wrongful death big rig crash results from driver error.

 

The dynamics surrounding an accident are so complicated and numerous that it would not be possible to list them all here. Although the causes of a crash are always important – here are the elements of a wrongful death claim in Texas!

 

Texas Wrongful Deaths Trucking Accident Lawsuits

 

The most common redress for victims and their families is through the civil court system. Even if the truck driver is charged criminally, having the defendant in jail, does not help the family who lost a loved one. Once the initial shock of a loss has passed – civil litigation- a lawsuit, may provide the only sense of justice and return to normalcy for injured parties. Not often is a truck company held accountable criminally.

 

Texas Wrongful Death Elements

 

 

First, was the death caused in part or totality by the defendant’s actions?

 

Second, was the death a result of negligence on behalf of a defendant?

 

Finally, has the death left immediate family members, spouse, children or parents?

 

Civil laws exist to ensure accountability and to provide monetary, I reparations to those who have been traumatized by losing a loved one. The damages in a Texas wrongful death truck accident relate to the damages to the surviving family.

 

How Long do Texas Wrongful Death Cases Last?

 

The general rule for how long a case lasts is that the more serious the damages, usually the longer the case can take when a commercial vehicle is involved. Because the loss of a family member is always a serious damage case, it is not unusual for wrongful death accidents to take several years to finalize. Quick settlements for wrongful death cases usually don’t happen unless the insurance policies are low in limits. In cases of lower limit insurance policies, and clear liability, and the insurance carrier will usually prefer to save the attorney’s fees and pay the claim.

 

What Damages are Available for a Wrongful Death Case in Texas?

 

Damages in Texas multiple deaths claims relate to the individual’s loss of their loved one. Each person’s damages are measured separately. Those available to pursuing wrongful death case in Texas are “heirs of the body.” Heirs of the body include spouses, children, and parents. Brothers and sisters are not proper claimants in the state of Texas for the wrongful death of their sibling.

 

A jury or a judge will value such things as loss of companionship, love, and society. Other things like loss of household services and money the decedent would have provided for the family member are taken into account. The closer the relationship between the family member and the loved one taken from them, the higher the damages usually are.

 

If you have questions about wrongful death claim, reach out to our law firm for a no-obligation consultation. Call us at 281-893-0760.

 

 

Contact the Texas Trucking Accident Attorneys

 

While no one can bring back your loved one, sometimes, civil justice is better than no justice.

We are lucky in America to be able to make use of the court system to hold a person or company accountable.

 

If you have lost a loved one in a big rig accident in Texas, call us for a FREE no-obligation consultation.

 

Call 281-893-0760!

 

Can I get Punitive Damages After a Truck Wreck?

 

attorney for punitive damages

Given the extreme weight of 18-wheeler tractor-trailers, the aftermath of a wreck is usually pretty ugly. Those lucky enough to survive many times have severe injuries such as spinal cord fractures, traumatic brain injury, paralysis.  Many truck wreck victims require at least one surgery (if not multiple) at great expense.

 

Recovering from a tractor-trailer accident can be job enough for anyone, yet the victims are often forced to pay high medical bills or deductibles and at a time when they cannot work. Often a trucking crash can place a heavy burden on the victim or their family. Some have health insurance that pays most of the bills, others are stuck with out of pocket expenses, and sometimes the medical costs can go on indefinitely.

 

Actual Damages After a Semi-Truck Crash

 

Fortunately, trucking companies usually have significant insurance coverage to cover legal injury damages such as:

 

  • Physical pain and mental anguish
  • Loss of earning capacity
  • Disfigurement
  • Physical impairment
  • Medical care

 

These damages are posed to a jury to answer in both the past as well as the future.

 

Many times, for permanent injuries with significant future medical expenses, a life care planner is used to calculate the total lifetime cost of medical care. These professionals are Doctors who work with a team of medical professionals to protect the victim as far as future needs.

 

In cases where the victim of a trucking accident did not survive, the family seeks damages for the wrongful death and survival claims. The wrongful death case involves damages known in law as “pecuniary loss,” which is the loss of the person and their economic contribution to the family. The human loss in a wrongful death case is called “loss of companionship and society,” and a separate question is posed for “mental anguish.”

 

About Punitive Damages After A Trucking Accident

 

In cases where the company of the driver acted with what is called “Malice” that is more than mere negligence, or thoughtlessness, exemplary damages may be appropriate.  In Texas, such losses have been capped by statute under recent “tort reform.” Nevertheless, when exemplary damages can be submitted to a jury, it can help the family recover economic justice for the bad actions of a trucker or his company.

 

Punitive or “exemplary” damages are not compensation for actual loss but rather, a deterrent to prevent others from dangerous actions that endanger our community.

The vast majority of accidents when an 18-wheeler hits an innocent family do not involve punitive or exemplary damages. The law is clear in Texas that it takes more than simple negligence to rise to the level the law requires to obtain an award of exemplary damages.

 

It is when the trucking company or the truck driver have knowingly jeopardized the public that punitive damages may be appropriate. Momentary thoughtlessness or neglect such as running a red light or speeding generally do not rise to the level necessary for a jury to consider punitive damages in Texas.

 

However, in many cases, the possibility of punitive damages can be an essential tool for an experienced punitive damage truck accident attorney. Each case must be evaluated independently.

 

Another consideration is whether the punitive damages will be collectible if they are awarded. One factor is whether or not the damages would be covered under the trucking company’s insurance policies.

 

Recent case law in Texas the slanted toward insurers and against consumers on the issue of insurance coverage for exemplary damages. However, some larger carriers bargained for and obtain insurance coverage that allows for punitive damages.

 

Application of C.P.R.C. Section 41 in Texas

 

Texas has Limited the amount recoverable when the punitive damages are awarded by statute. Civil Practice and Remedies Code Section 41 defines and limits punitive damages in the state of Texas.

 

Section 41.008 guides the limitations of the number of punitive damages that can be awarded against a defendant. That section limits exemplary damages to:

1) the greater of:

A) two times the amount of economic damages plus B) an amount equal to any noneconomic damages found by the jury not to exceed $750,000; or

2) $200,000.

 

There are certain crimes exempted from the limitations of punitive damages in the state of Texas.

 

Defendants are allowed to elect to bifurcate a trial so punitive damages or decided separately from the case in chief. Often, a bifurcation election enables the defense to limit some evidence that the jury may hear in the first part of the case.

 

Choose the Trucking Accident Lawyer with Over Three Decades Experience

 

If you have questions about a truck accident in the state of Texas or punitive damages may be allowed feel free to call our office for a free, no-obligation consultation with an attorney with over three decades experience in holding trucking companies and truck drivers accountable.

Call (281) 893-0760      24/7

 

What Compensation Can I Receive for My Big Rig Accident Injuries?

 

Truck accidents are a common occurrence on our Houston area roadways. As a major hub in the state, we see more than an average share of 18-wheelers on the highways. When an accident occurs between a truck and a passenger vehicle, the injuries are likely to be serious. If you were hurt in a big-rig accident, you may be entitled to compensation for your injuries.

Damages in a Big Rig Accident

The purpose of a truck accident claim is to obtain a settlement or award for your damages. Damages are economic and non-economic losses due to the accident. Some of the damages that you may incur as a result of the accident include such things as:

  • Medical expenses
  • Costs of medication
  • Ongoing medical care
  • Future medical treatments
  • Physical therapy
  • Lost wages
  • Future lost earnings
  • Pain and suffering
  • Emotional trauma

And if you have lost a loved one through a trucker’s negligence, wrongful death damages in Texas include:

  • Funeral expenses
  • Loss of earning capacity of the decedent (if they provided for you)
  • Loss of companionship, society, and love
  • The reasonable value of household services
  • Emotional damages

You may incur one, a few or many types of damages as a result of the accident. For example, you might suffer a severe injury that requires surgery. You may need to undergo physical therapy following treatment. You may also need to have future surgery or other treatment in the future. During this time, you are likely unable to work. The injury was painful and you may even have emotional trauma because of the accident. Wrongful death from a truck accident values your relationship with the deceased.  All of these issues should be covered by the negligent party through a settlement or award.

Every Case is Different

Each accident case is different and has a unique set of circumstances. You cannot easily compare what another person received for a settlement because the factors are likely not the same. A knowledgeable 18-wheeler accident attorney understands these types of cases and will review the facts of your case. Your attorney will work with the insurance company to negotiate a fair settlement that includes payment for all of your economic and non-economic losses.

Quick Settlements Without an Attorney are Rarely Fair

Many times, the insurance company will offer you a settlement quickly after the crash. They do this in order to reduce their payments and resolve the case without complication. Unfortunately, the first offer from the insurance company is often too low and may not cover all of your expenses. Do not accept a check from the insurance company until your attorney reviews the offer. Once you cash a settlement check or agree to a settlement, may not be able to take further legal action to get the full money you are owed.

Wait to Discuss Settlement Until You Know Your Injuries

In most cases, you should wait until your injury is completely healed or you have documentation from your physician detailing the future medical care you will require.

Call the best 18-wheeler accident attorney you can find as soon as possible following an accident, so you can protect your rights and seek to get the money that the negligent party owes for damages. Our legal team has extensive experience working with truck accident cases. We have obtained millions of dollars for our clients and we can fight for the money you deserve for your damages. Contact attorney Greg Baumgartner today for a free initial case evaluation.

Call (281) 893-0760!

Why are Truck Tire Blowouts Dangerous?

 

When you see a large semi-truck on the road you notice that it has many more tires than passenger vehicles. You likely assume that the extra tires will prevent it from having a problem in case one of the tires fails. While the extra tires support the truck and keep it on the road, a tire blowout is still a dangerous and potentially deadly occurrence.

accident with blown tire

If you were hurt in a truck accident due to a tire blowout, you need assistance from an experienced truck accident attorney. Our skilled team knows how to handle the many issues of truck crashes and will help you get the compensation you deserve for your injuries.

Why Truck Tire Blowouts Happen

There are a number of factors that could cause a truck tire to fail. Most accidents due to truck tire problems could be avoided if the owner and driver performed proper maintenance and adequate inspections before each trip. Improper tire pressure is one of the most common reasons for tire blowouts, yet it is one of the easiest to correct. Various load weights, outdoor temperature, and elevation may all play roles in the air pressure inside a tire. The driver should inspect the tires for proper pressure before they get on the road.

Another reason a tire may blow out is due to wear. A worn-out tire is more dangerous because it has less tread to keep it on the road and to help stop the vehicle. Tires that are worn out can blow out at any time, causing the driver to lose control of the truck. Heat is a problem with tire integrity. When a truck travels more quickly it creates more heat on the tires. Additionally, traveling in hot climates can also increase the heat of the tires. This increased heat can take its toll on tires and can cause them to unexpectedly blow out.

Truck tire compliance, safety, and accountability is administered by the Federal Motor Carrier Safety Administration (FMCSA). There are many rules in place that apply to truck tire safety. Generally, a truck should not operate when the tires are not properly inflated, when the tread is worn, or when there is damage to the tires. Tire tread must be at the minimum depth for the type of vehicle. If the tires do not meet the minimum requirements, the truck must be taken out of service until repairs are performed.

Loss of Control after a Tire Blowout

A tire blowout is not as simple as a flat tire. When you consider that a truck could weigh as much as 80,000 pounds and might be traveling at speeds of more than 55 miles per hour, the risk of losing control of the vehicle is significant. When a tire blows it causes a shift in the motion of the vehicle and it may even shift the cargo inside. The sudden change in force means that the truck suddenly lunges to one side or the other. The driver has little to no control over the trajectory of the vehicle.

Sometimes the driver is able to get the truck under control and bring it to a safe stop on the side of the road. Many times, however, a tire blowout causes the truck to veer sharply into other lanes of traffic. As the driver tries to compensate for the changes, he or she may steer the vehicle in the other direction, which continues to cause problems. In some instances, the truck smashes into other vehicles, or it may overturn, or swerve off the embankment.

Call the Tractor Trailer Accident Attorneys

Regardless of how the accident occurred, truck crashes can be dangerous and may cause severe injuries and fatalities. If you were hurt in a truck accident, we can help you get the money you deserve for your injuries. Contact the tractor-trailer accident lawyer for a no-obligation consultation-

Call (281) 893-0760! 

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