In recent years, the number of large truck and 18-wheeler accidents has increased dramatically in Texas and across the United States. This rise in accidents involving massive commercial vehicles poses serious risks to all motorists on the road. Given the size and weight of these trucks, collisions often result in severe injuries or fatalities, leaving victims and their families facing significant physical, emotional, and financial challenges.
Understanding the causes of these accidents, their legal implications, and what to do if you find yourself involved in such a crash is crucial. This blog aims to provide an in-depth look at why large truck accidents are increasing, what factors are contributing to this rise, and how Texas law affects those involved in such accidents.
Why Are Large Truck and 18-Wheeler Accidents Increasing?
There are several contributing factors to the surge in truck accidents across the country. While trucks are vital to the U.S. economy, transporting goods and materials over long distances, their presence on highways introduces various risks.
1. Increased Demand for Goods Transportation
The rise in online shopping and global trade has led to a higher demand for goods transportation. Trucking companies are working overtime to meet the growing needs of retailers and consumers. As a result, more trucks are on the road for longer hours, increasing the likelihood of accidents.
2. Driver Shortages and Fatigue
The trucking industry has been facing a driver shortage for years. To compensate, trucking companies often ask drivers to work longer shifts or cut corners in the recruitment and training of new drivers. Fatigue is a leading cause of truck accidents, and exhausted drivers are more likely to make mistakes behind the wheel.
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations on the number of hours a truck driver can operate a vehicle, but violations of these hours-of-service regulations are still prevalent.
3. Distracted Driving
Distracted driving is a growing problem for all motorists, but it becomes even more dangerous when large trucks are involved. Whether due to phone use, GPS adjustments, or eating while driving, distractions can lead to devastating accidents.
For truck drivers, the size and weight of the vehicle make it difficult to regain control once they become distracted, often leading to catastrophic results.
4. Poor Vehicle Maintenance
Given the extensive wear and tear that 18-wheelers endure, regular maintenance is essential. Unfortunately, some trucking companies cut corners on vehicle maintenance to save money, leading to mechanical failures like brake malfunctions, tire blowouts, and steering problems. These failures often result in accidents that could have been prevented.
5. Overloaded Trucks
Another factor contributing to the rise in truck accidents is the overloading of trucks. The weight limits for commercial vehicles are established to ensure road safety, but some trucking companies overload their trucks to save on transportation costs. Overloaded trucks are harder to control, especially when braking or making sharp turns, which increases the risk of accidents.
6. Increased Traffic Congestion
As urban areas expand and populations grow, so does traffic congestion. More trucks and passenger vehicles sharing the same roadways lead to a higher risk of accidents, particularly in densely populated cities like San Antonio, Dallas, and Houston.
The Dangers of Large Truck Accidents
Large truck and 18-wheeler accidents are particularly dangerous due to the size discrepancy between commercial trucks and passenger vehicles. An 18-wheeler can weigh up to 80,000 pounds when fully loaded, compared to the average passenger vehicle’s weight of around 4,000 pounds. This massive difference in weight and size can lead to severe consequences in the event of a collision.
Common Injuries in Truck Accidents
Truck accidents often result in life-threatening injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal bleeding
- Severe burns
- Amputations
These injuries often require extensive medical treatment, rehabilitation, and long-term care, placing an enormous financial burden on the victim and their family.
Fatalities in Truck Accidents
Unfortunately, truck accidents frequently result in fatalities. According to the National Highway Traffic Safety Administration (NHTSA), over 4,000 people die each year in large truck crashes in the U.S. Many of these victims are occupants of passenger vehicles, as they are far more vulnerable in a collision with a large truck.
Texas Law and Large Truck Accidents
Texas has some of the highest rates of truck accidents in the country, with hundreds of fatalities reported annually. If you’re involved in a large truck accident in Texas, it’s crucial to understand the legal framework governing these cases.
1. Texas is a Fault-Based State
Texas follows a fault-based system for personal injury claims. This means that the party responsible for causing the accident is liable for compensating the injured parties. In the case of a truck accident, multiple parties may be at fault, including the truck driver, the trucking company, and even the truck’s manufacturer if a mechanical failure contributed to the accident.
2. Comparative Negligence in Texas
Texas law operates under a comparative negligence rule. This means that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are 20% at fault for the accident, your compensation will be reduced by 20%. However, if you are more than 50% at fault, you will not be able to recover any damages.
3. Trucking Companies and Liability
Trucking companies are often held liable for accidents caused by their drivers, especially if the company failed to properly train or supervise the driver. Additionally, if the company violated FMCSA regulations or failed to maintain the truck properly, they could be held responsible for the damages.
Trucking companies often have large insurance policies to cover these accidents, but they will fight hard to minimize payouts. Having an experienced personal injury attorney on your side is crucial to ensure that you receive fair compensation for your injuries.
What to Do After a Truck Accident in Texas
If you’re involved in a large truck or 18-wheeler accident in Texas, it’s essential to take the following steps to protect your rights:
1. Seek Medical Attention
Your health should always be your top priority. Even if you don’t think you’ve been seriously injured, seek medical attention as some injuries may not be immediately apparent.
2. Report the Accident
Call the police and report the accident. A police report will be a crucial piece of evidence in your case.
3. Gather Evidence
If you’re able to do so safely, gather as much evidence as possible at the scene. This can include taking photos of the vehicles involved, the damage, the road conditions, and any visible injuries. If there are witnesses, ask for their contact information.
4. Contact an Attorney
Truck accident cases are often complex and involve multiple parties, including insurance companies and trucking companies. It’s essential to contact an experienced personal injury attorney who can guide you through the legal process and help you secure the compensation you deserve.
Compensation for Truck Accident Victims
Victims of large truck accidents may be entitled to various types of compensation, including:
- Medical Expenses: Covers hospital bills, surgeries, rehabilitation, and ongoing medical care.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost wages.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
- Property Damage: Covers the cost of repairing or replacing your vehicle.
- Wrongful Death: If you lost a loved one in a truck accident, you may be entitled to compensation for funeral expenses, loss of companionship, and more.
Conclusion
The increase in large truck and 18-wheeler accidents across Texas and the U.S. is a concerning trend that impacts thousands of lives each year. These accidents often result in severe injuries or fatalities, leaving victims with long-term physical, emotional, and financial burdens. Understanding the causes of these accidents, the legal implications, and your rights as a victim can help you navigate the aftermath of a truck accident more effectively.
If you or a loved one has been involved in a large truck accident in Texas, the attorneys at Ryan Orsatti Law are here to help. Our experienced team can investigate your case, negotiate with insurance companies, and ensure you receive the compensation you deserve.
