Midland Truck Accident Lawyer

Midland Truck Accident Lawyer: A truck crash can have a severe impact on someone injured in an accident and their loved ones. Any kind of car crash can be catastrophic, but when it involves large trucks like semis, big rigs, tractor trailers, buses, tankers, vans, and others, the injuries and damages can be especially severe. The scale of these incidents can lead to greater difficulties in securing full compensation for your personal injury case.

Trucking firms possess legal and insurance assets that are much greater than those of individuals, along with extensive experience in defending their interests following an accident. This is why you need a Midland truck accident Lawyer to secure a befitting compensation for you and your loved ones.

COMMON CAUSES OF TRUCK ACCIDENTS IN MIDLAND

In 2023, more than two-thirds of the truck accidents in Midland were due to one of seven careless behaviors by drivers. The leading reasons for truck accidents in Midland, ranked by frequency, were:

Changing lanes without safety
Driving too fast:
Not staying in one lane:
Turning without caution:
Unsafe oversized vehicle or load:
Ignoring stop signs or red lights:
Not yielding right of way while turning left:

STATS ON MIDLAND TRUCK ACCIDENTS

The Texas Department of Transportation (TxDOT) monitors every incident involving a large truck or other commercial vehicle throughout the state by analyzing data from police crash reports from the Midland Police Department and other law enforcement agencies. Accidents involving trucks are reported by county, so our focus will be on accidents in Midland County.

Truck Accident Data for Midland County, TX

In 2023, the TxDOT documented 520 Commercial Trucking Accidents and Injuries in Midland County, with 55 resulting in injuries and 9 resulting in death. These incidents were categorized based on their severity:

According to their records, there were 520 accidents involving Commercial Motor Vehicle in Midland County in 2023. These accidents by severity are as follows:

Fatal Accidents: 9 accidents resulted in 9 fatalities.

Serious Injury Accidents: 26 accidents led to 29 individuals with suspected serious injuries.

Minor Injury Accidents: 46 accidents resulted in 55 individuals with suspected minor injuries.

Possible Injury Accidents: 39 accidents resulted in 55 individuals with possible injuries.

Non-injury Accidents: 395 accidents led to 1025 individuals without any injuries.

Unknown Severity Accidents: 5 accidents resulted in 49 individuals with injuries of unknown severity.

Types of Negligence that result in Midland Truck Accidents

The primary reasons behind trucking accidents in Midland often stem from the careless actions of trucking companies, cargo-loading firms, and the drivers themselves. Among the main causes of trucking accidents observed include:

Carelessness by Trucking Companies in Midland, TX

Trucking companies may be negligent in the following ways which may make them liable for compensation to the victims of Midland truck accidents:

Employing truck drivers with little to no experience, and sometimes no commercial driver’s license
Lack of proper training
Creating delivery schedules with unrealistic deadlines
Overburdened truck drivers
Poor maintenance of the truck fleet to save costs
Improper securing and inspection of cargo, which can also be the responsibility of third-party cargo loaders
Failure to follow federal and Texas state trucking laws, such as time limits on driving and rest periods

Carelessness by Truck Drivers in Midland, TX

Trucking companies may be negligent in the following ways which may make them liable for compensation to the victims of Midland truck accidents:

Speeding due to tight delivery schedules. A study by the National Institute for Occupational Safety and Health (NIOSH) revealed that nearly three-quarters of truck drivers felt their delivery schedules were too demanding, leading to reckless driving behaviors like speeding.
Driving in hazardous weather or traffic situations. The NIOSH study indicated that almost half of truck drivers occasionally drove in difficult conditions to meet strict delivery deadlines.
Distracted driving. A 2009 study indicated that the truck driver was distracted in more than 70% of large trucking accidents, often due to mobile phone use, despite a ban on mobile phone use by truck drivers established by the Federal Motor Carrier Safety Administration (FMCSA).
Driving under the influence of alcohol. A study found that nearly 10% of truck drivers reported daily alcohol consumption, about 20% reported binge drinking and over 25% reported alcohol misuse.
Using drugs while operating a vehicle. A survey by American Addiction Centers revealed that over a quarter of truck drivers admitted to drug use while on the job.
Truck driver exhaustion. Breaking federal hours of service regulations is the leading cause of truck driver exhaustion.

What do I do after a Midland Trucking Accident?

If you’re able to move after a crash with a truck and not seriously injured, follow these steps:

Ensure Your Safety: If your car is drivable, move it to a safe spot away from traffic after a minor crash. In a more severe truck accident, walk to a safe area off the road to avoid further injury if possible. If not, activate your hazard lights to alert other drivers to the accident.

Contact the Midland Police: Texas law mandates reporting any car crash involving injuries or significant damage. Dialing the police or 911 will ensure your safety as they manage traffic, arrange for an ambulance, and compile a Midland crash report.

Minimize Talking: Beyond checking on the driver’s well-being, avoid blaming the other driver or discussing your injuries. When the police arrive, simply share your account of the accident’s cause.

Share Information: Exchange driver’s licenses, insurance details, contact numbers, and license plates with the truck driver. If you have a smartphone or camera, consider taking photos of this information for accurate documentation.

Photograph Damage and Injuries: Capture images of the damage to all vehicles involved, any visible injuries, the accident scene, and the truck driver.

Search for Cameras and Witnesses: If a bystander stops and can testify to the accident, collect their contact information. If not, look around for any cameras that might have recorded the crash, like at a nearby gas station.

See a Doctor: Even if you feel fine, visit your doctor or another medical professional to safeguard your health. This step also helps link the accident to your injuries, should you experience pain later.

Reach Out to A Midland Truck Accident Lawyer: Hiring an injury lawyer for your accident claim often leads to higher compensation for victims of truck accidents compared to handling the claim alone.

How Midland Truck Accident Law may Affect your Compensation

Midland operates under a modified comparative negligence system. Essentially, this implies that if you bear any responsibility for the incident that led to your injuries, your settlement will be diminished by your level of fault.

For instance, if your settlement was set at $100,000 but the opposing party successfully argues that you were 25% at fault, your payout will be reduced to $75,000 instead of the complete sum. Should your liability exceed 50%, you will receive no compensation. Even in the event of a settlement, insurance adjusters are likely to consider your share of responsibility for the accident when making their offers. This is why you need a Midland Truck Accident Lawyer.

Also, in Midland, the time limit for filing legal actions in cases of personal injury or wrongful death involving truck accidents is two years. Typically, the timer starts ticking from the moment you were hurt (or found out about your injuries) or the moment your family member passed away.

Why You Need a Midland Truck Accident Lawyer

If you or a loved one has been involved in a truck accident in Midland, Texas, it’s crucial to seek the expertise of a truck accident lawyer. The following are some of the reasons why hiring a Midland truck accident lawyer is important:

1. Expertise in Truck Accident Laws and Regulations

Understanding of Federal and State Regulations

FMCSA Regulations: Truck accident lawyers are well-versed in the Federal Motor Carrier Safety Administration (FMCSA) regulations that govern commercial trucking, including hours-of-service rules and vehicle maintenance standards.
Texas State Laws: They have a deep understanding of Texas state laws specific to trucking and transportation, ensuring compliance with all relevant legal standards.

Complex Legal Landscape

Multiple Parties: Truck accident cases often involve multiple parties, such as the truck driver, trucking company, and insurance providers. A knowledgeable lawyer can navigate this complexity.
Liability Issues: Determining liability in truck accidents can be challenging. An experienced lawyer can identify all liable parties, including potential third-party defendants.

2. Thorough Investigation and Evidence Collection

Accident Reconstruction

Expert Analysis: Truck accident lawyers work with accident reconstruction experts to analyze the accident scene, vehicle damage, and other factors to determine the cause of the accident.
Detailed Evidence: They gather comprehensive evidence, including black box data, driver logs, maintenance records, and witness statements.

Preservation of Evidence

Lawyers ensure that crucial evidence is preserved and not tampered with, which is essential for building a strong case.
They can issue subpoenas to obtain necessary documents and information from trucking companies and other relevant parties.

3. Negotiation with Insurance Companies

Dealing with Insurers

Experience with Insurers: Truck accident lawyers have extensive experience dealing with insurance companies and know how to handle their tactics to minimize payouts.
Maximizing Compensation: They work to secure the maximum possible compensation for medical bills, lost wages, property damage, and non-economic damages like pain and suffering.

Settlement Negotiation

Lawyers negotiate with insurers to reach a fair settlement, avoiding lowball offers that do not adequately cover your damages.
If a fair settlement cannot be reached, they are prepared to take the case to court to fight for justice

4. Legal Representation and Advocacy

Courtroom Experience

Truck accident lawyers have the trial experience necessary to effectively represent you in court, presenting a compelling case to the judge and jury.
They develop a strong legal strategy tailored to the specifics of your case, increasing the likelihood of a favorable outcome.

Client Advocacy

Protecting Rights: Lawyers advocate for your rights throughout the legal process, ensuring you are treated fairly and justly.
Support and Guidance: They provide support and guidance, helping you navigate the legal system and understand each step of your case.

5. Comprehensive Case Management

Handling Legal Procedures

Filing Claims: Lawyers handle all the paperwork and procedural aspects of filing claims, ensuring compliance with deadlines and legal requirements.
Managing Communications: They manage communications with insurance companies, trucking companies, and other involved parties, allowing you to focus on your recovery.

Stress Reduction

Peace of Mind: Having a lawyer manage your case reduces the stress and burden on you, allowing you to concentrate on healing and moving forward.
Expert Guidance: Lawyers provide expert guidance on the best course of action, whether it involves settling out of court or pursuing litigation.

6. Determining and Pursuing Fair Compensation

Economic and Non-Economic Damages

Medical Expenses: Lawyers ensure that all current and future medical expenses are accounted for in your claim.
Lost Wages: They seek compensation for lost wages and potential future earnings if your ability to work is affected.
Pain and Suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are also pursued to provide comprehensive compensation.

Punitive Damages

Gross Negligence: In cases of gross negligence or willful misconduct by the trucking company or driver, lawyers may seek punitive damages to punish the wrongdoer and deter similar behavior in the future.