Truck Accident Lawyer
18 Wheeler Accidents
Get a Free Consultation
Truck Accident Lawyer
18 Wheeler AccidentsGet a Free Consultation
Have you been hurt or lost a loved one in an 18 wheeler accident?
A skilled truck accident lawyer can help you deal with the tragic aftermath of an 18 wheeler accident. Whether you’re a pedestrian, bicyclist, biker, driver or passenger, your odds aren’t favorable in semi truck accidents. The likelihood of serious injuries is high. Regrettably, human error is the most frequent factor underlying truck accidents.
During recent years, large truck accidents have occurred in the U.S. at the rate of more than 500,000 accidents a year according to the National Highway Traffic Safety Administration (NHTSA). In addition, similar to car crashes, Texas leads the nation as the state with the highest number of truck accidents, followed by California, then Florida. In Texas alone, there are thousands of truck accidents that injure and in some cases, kill innocent people, every year.
How an Experienced Truck Accident Lawyer Can Help
Handling Cases in Texas and Nationwide
At the Law Office of Michael R. De La Paz, we understand the nature of truck accidents, which in various ways differ significantly from car accidents. We’re also well versed in the guidelines and restrictions that govern the trucking industry. The Federal Motor Carrier Safety Administration (FMCSA) regulates the U.S. trucking industry and oversees transportation through a comprehensive number of rules that trucking companies and truck drivers must adhere to. The agency’s goal is to reduce large truck accidents along with the injuries and fatalities they cause.
Negligence on the Part of Trucking Companies
A truck driver might be at fault for causing an accident and usually for the same reason that other motorists cause accidents: drunk driving, distracted driving, speeding, disobeying traffic laws and simply not avoiding an accident when they could have. However, because many truck drivers are also commercial drivers for business companies, the trucking companies often bear some of the responsibility for an 18 wheeler crash. What circumstances can make trucking companies also accountable?
- Creating unrealistic deadlines. The pressure to meet strict deadlines can weigh heavily on truck drivers. For example, they might be transporting perishable goods and trying to make a deadline so the produce doesn’t spoil. Bad weather or traffic congestion can put a driver behind schedule. If the main office is unrelenting in adjusting the schedule, the driver may violate hours laws and drive longer days or start speeding, which breaks the law.
- Disregarding federal regulations. Drivers might fail to make required checkpoint stops, which help them to ensure safe maintenance of their vehicle. Bypassing an inspection could result in a mechanical failure, such as tire blowouts, faulty brakes, engine failures or steering problems.
- Not properly screening drivers. Drivers with poor driving records, DUIs, drug abuse problems or who lack the proper licensing should not be driving commercial trucks. Neither should inexperienced drivers who lack the necessary skills. Failure to screen drivers is a form of negligence on the part of the trucking company when they hire drivers who prove to be a danger on the road.
Different Types of Truck Accidents
Truck accidents take place in a variety of ways depending on the impact, road conditions and interaction with other vehicles involved. The following are some common types of truck accidents with varying characteristics:
Due to having a higher center of gravity and being top heavy, trucks are at greater risks for rollovers than cars. In addition, studies show that rollovers cause the deadliest accidents, are very dangerous for truck drivers and for occupants in other vehicles involved in the accidents. The most common reasons for rolling over are taking a curve at too fast of a speed. This can happen when exiting or entering a freeway, for example. Also, when a truck drifts off the road, the driver might over-compensate by turning too abruptly, which can suddenly shift the center of gravity or make a heavy load throw the truck out of balance. Large 18 wheelers can carry up to 80,000 pounds of cargo. Because trucks generally travel on freeways and highways, the speeds they travel all already high. Lack of proper maintenance can also be a factor underlying collisions, such as a poorly maintained suspension, failing brakes or tires that aren’t fully inflated.
Jackknife Accidents
A jackknife accident refers to the trailer of a large truck swinging or folding inward towards the cab of the truck. The formation is similar to how a jack knife blade appears when opening or closing the knife. The trailer can even swing so far that the truck faces the lane backwards as though it were traveling in the other direction. Under normal circumstances, a semi truck’s trailer stays directly behind the cab and the two parts move in sync. During a jackknife accident, the two sections begin operating separately. Typically, the trailer tires lock up or commercial drive tires lock up. Various circumstances can lead to a jackknife accident including high speeds, driving too fast on curves, braking on curves while driving high speeds, unstable cargo loads, failing to compensate for empty trailers, tire blowouts, mechanical failures, and sudden changes in steering due to human error (falling asleep, for example). A truck driver might wake up and over-react to correct the steering.
Underride Accidents
Rear End Collisions
Sideswipe Accidents
As the name suggests, a sideswipe accident occurs when the side of one vehicle strikes the side of another vehicle. With large trucks, this most often occurs due to their blind spots. Most frequently, they take place during lane changes and with merging traffic. A blind spot might extend as far as 20 feet in front of the truck’s cab and 200 feet behind the truck. However, the largest blind spot is on the truck’s right side. It can span as many as three lanes to the right of the truck and it extends outward at an angle. This means that the likelihood of a tractor trailer being involved in a sideswipe accident is much greater than with a car. In fact, more truck collisions with right side swipes take place than left side swipes. Because the impact isn’t as forceful as a head on or rear end collision, injuries and damages are generally less severe. However, if the swipe has enough momentum to run a car off the road and down an embankment, severe injury or even death could occur.
Due to having a higher center of gravity and being top heavy, trucks are at greater risks for rollovers than cars. In addition, studies show that rollovers cause the deadliest accidents, are very dangerous for truck drivers and for occupants in other vehicles involved in the accidents. The most common reasons for rolling over are taking a curve at too fast of a speed. This can happen when exiting or entering a freeway, for example. Also, when a truck drifts off the road, the driver might over-compensate by turning too abruptly, which can suddenly shift the center of gravity or make a heavy load throw the truck out of balance. Large 18 wheelers can carry up to 80,000 pounds of cargo. Because trucks generally travel on freeways and highways, the speeds they travel all already high. Lack of proper maintenance can also be a factor underlying collisions, such as a poorly maintained suspension, failing brakes or tires that aren’t fully inflated.
Jackknife Accidents
A jackknife accident refers to the trailer of a large truck swinging or folding inward towards the cab of the truck. The formation is similar to how a jack knife blade appears when opening or closing the knife. The trailer can even swing so far that the truck faces the lane backwards as though it were traveling in the other direction. Under normal circumstances, a semi truck’s trailer stays directly behind the cab and the two parts move in sync. During a jackknife accident, the two sections begin operating separately. Typically, the trailer tires lock up or commercial drive tires lock up. Various circumstances can lead to a jackknife accident including high speeds, driving too fast on curves, braking on curves while driving high speeds, unstable cargo loads, failing to compensate for empty trailers, tire blowouts, mechanical failures, and sudden changes in steering due to human error (falling asleep, for example). A truck driver might wake up and over-react to correct the steering.
Underride Accidents
Rear End Collisions
Sideswipe Accidents
As the name suggests, a sideswipe accident occurs when the side of one vehicle strikes the side of another vehicle. With large trucks, this most often occurs due to their blind spots. Most frequently, they take place during lane changes and with merging traffic. A blind spot might extend as far as 20 feet in front of the truck’s cab and 200 feet behind the truck. However, the largest blind spot is on the truck’s right side. It can span as many as three lanes to the right of the truck and it extends outward at an angle. This means that the likelihood of a tractor trailer being involved in a sideswipe accident is much greater than with a car. In fact, more truck collisions with right side swipes take place than left side swipes. Because the impact isn’t as forceful as a head on or rear end collision, injuries and damages are generally less severe. However, if the swipe has enough momentum to run a car off the road and down an embankment, severe injury or even death could occur.
What makes truck accidents differ from other types of traffic accidents?
Federal and state governments heavily regulate the trucking industry in an attempt to make the roadways safer by reducing the hazards involved with trucks. Extensive regulations create significant differences between truck accidents and car accidents. If a trucking company or truck driver violates federal or state regulations, their violations point to negligence. Proving negligence is pivotal in accident cases because negligent parties must pay for damages incurred by accident victims.
The Federal Motor Carrier Safety Administration (FMCSA) imposes regulations that restrict drivers and a requires them to follow guidelines regarding the following:
- Hours of operation. There are limitations on how many continuous hours a truck driver can drive on the road. Most trucks have electronic onboard recorders, which are devices that record the amount of time the truck is in operation.
- Hiring requirements. Regulations require trucking companies to follow specific requirements in hiring, training and scheduling truck drivers.
- HazMat. HazMat stands for hazardous materials, and HazMat drivers and trucks must closely adhere to FMCSA safety regulations due to the nature of the dangerous materials they are transporting.
- Insurance. Drivers and trucking companies must meet insurance coverages requirements, which cover higher damage amounts than car insurance. In the event of an accident, injured parties will be able to receive fair compensation.
Some commercial trucks have computerized systems installed that continually record information or record when they detect an accident. Some devices record information related to engine performance, lock brake systems, traction control, fuel injection timing and transmission functions. Sudden deceleration or braking and airbag deployment are also events that some devices record. Such details can provide valuable information about causes and factors involved with an accident.
Various Types of Trucks Involved
in Truck Accidents
Tractor Trailer / 18 wheeler accidents
A tractor trailer refers to a truck that has two parts, the cab and the attaching trailer. An 18 wheeler originally referred to a truck that had 8 tires for the cab and 10 tires for the trailer. However, through common usage, the term has come to mean any large truck with a cab and trailer, regardless of whether it has 18 wheels, less than 18 wheels or more than 18 wheels. Are tractor trailers the same as 18 wheelers? Yes, the two terms both refer to the same type of large trucks as do other names, such as semi-trucks, semis and big rigs. The size, weight, the speed at which the truck is traveling and the momentum at impact are all factors that determine the severity of a crash. Because fully loaded tractor trailers can legally carry up to 80,000 pounds, the force during an impact can be tremendous. In such a crash, passenger cars take the brunt of the impact, often resulting in serious injuries and deaths. By comparison, truck drivers suffer injuries much less frequently during accidents.
Dump Truck Accidents
Dump trucks are a trucks that companies use for hauling different types of material such as dirt, gravel, sand, waste materials and mining substances, including coal. In fact, there are nine types of dump trucks. The standard dump truck is for hauling materials in road building, agricultural projects and residential construction. Some dump trucks are semi-truck trailers, which allow for larger hauls. A winter weather dump truck also has snow equipment to clear snow off the roads and can carry salt or sand to spread on icy or snowy roads. Haul dump trucks are another type, which are heavy-duty, capable of carrying 40-400 tons of material. Construction workers use these types of dump trucks and they are not suited for travel on public roads. Because dump trucks sit higher than most vehicles, a collision can easily result in an underride accident, which can severely injure or crush the occupants in the smaller vehicle. Read more
Commercial Vehicle Accidents
A commercial vehicle refers to any motor vehicle that transports goods or paying passengers. They would include trucks and a bus or van, if they carry more than 8 passengers. The FMCSA has assigned the following requirements for a vehicle to qualify as a commercial vehicle:
- Gross weight of 10,001 pounds or more
- Designed for transporting more than 8 paying passengers
- Designed to transport more than 15 non-paying passengers plus the driver
- Used in transporting hazardous material
Typically, companies who own commercial vehicles are also liable for damages when their driver is at-fault for causing an accident. In 2023, there were close to 180,00 commercial vehicle accidents in the United States, and 4,564 fatalities. Read more.
Construction Vehicle Accidents
Construction vehicles is a broad term that includes many different types of vehicles used during construction. There are at least 24 different types and some of the more notable varieties include:
- Asphalt pavers. Distributes asphalt and compacts it with a roller to smooth the pavement.
- Backhoe loaders. Plows and uses the backhoe digging buckets or other attachments to lift materials.
- Boom lifts. Lifts materials or workers to access scaffolding, piping, trees, etc.
- Bulldozers. Uses multiple blades in front of the vehicle, capable of tearing down, digging, excavating and leveling.
- Cranes. Uses attachments to lift and move heavy materials at heights.
- Cold planers. Used for grinding and removing asphalt or concrete to prepare surfaces for paving.
- Combine harvesters. Cuts and threshes, used for harvesting crops such as wheat or corn.
- Concrete mixer trucks. Contains large spinning drums for mixing cement, water, sand and gravel.
- Double Drum Rollers. Flattens surfaces before paving or used for flattening building foundations.
- Excavators. Earthmoving vehicles used to lift and move heavy loads and grade uneven ground, drill deep holes, and tear down walls.
Tow Truck Accidents
A tow truck, also referred to as a wrecker, moves motor vehicles that are damaged, impounded or parked illegally. They often have the job of recovering cars involved in accidents and delivering them to repair shops or other locations. Tow trucks differ from car carrier trailers, which are used to transport a number of new cars from manufacturers to distributors. There are different types of tow trucks, some designed to tow more heavy duty vehicles. Types of tow trucks include:
- Boom. Has an adjustable boom with a winch and can recover cars from ditches or embankments
- Wheel lift. Uses hook-and-chain technology through a yoke that lifts cars under their front or rear wheels by using a hydraulic lift.
- Self-loader. Uses a boom and wheel-lift that are combined into one unit.
- Flatbed. Inclines and lowers a section of the flatbed to ground level and then the vehicle is driven or winched onto the flatbed.
- Lift flatbed. Uses a wheel lift frame to lift the vehicle vertically and load it onto the bed.
Utility and Crane Truck Accidents
Utility and crane trucks are service trucks that have built-in cranes. People commonly see them at the side of the road with the hydraulic arm extended high and a bucket where a utilities service repairman stands to fix a transformer or other issues with electrical poles. Their main use is in the utilities, construction and maintenance industries, assisting technicians to reach heights where they perform intricate tasks. Cranes can also lift heavy objects, such as rebars and other materials used in constructing buildings. Accidents involving cranes often occur when a crane comes into contact with a power line. Unsafe working conditions have also resulted in cranes toppling over onto other vehicles, electrical lines or onto building structures.
Box and Deliver Truck Accidents
Box and deliver trucks, also called delivery trucks or box trucks have the job of dropping off packages or articles in commercial and residential areas. They span a wide range of product delivery, driving and delivering large items such as furniture, HVAC systems and appliances (refrigerators, washing machines, etc.) to smaller package items from store purchases (food and clothing). You see everything from standard average-sized delivery trucks to UPS and FedEx trucks. As online shopping has increased, so have home deliveries. It stands to reason with more box and delivery trucks on the roads, the number of accidents they cause has also risen.
While there are numerous underlying causes, backing up is one of the more prominent issues. Like all large trucks, there are blind spots behind the truck. Pedestrians or children walking behind the truck are at risk for being hit. Also, when trucks have over-sized, improperly secured loads, items can fall off of moving trucks and create driving hazards for other motorists.
Other Types of Vehicle Accidents
There are other types of vehicles frequently involved in or that cause accidents as well.
Van Accidents
Organizations and businesses often transport employees or members in large passenger vans that hold 15 or more occupants. They may do this for conferences, rallies, sports games or events. It’s common for churches, schools, universities and companies to use vans as a means of transportation. Often the van drivers do not have specific van related training, nor do they understand the safety precautions they should take, such as dealing with blind spots or slowing speeds for sharp turns to avoid rollover accidents. Nor do they know how unbalanced loads can affect driving conditions. Maintenance is also an important factor for vans—ensuring there are inflated tires, operable brakes and properly functioning steering.
ATV Accidents
ATVs are vehicles with three or four tires and one or two seats, a driver’s seat and sometimes a passenger seat. Their intended use is for off-road driving, usually on trails, fields and off-highway vehicle parks. If driven on public roads, most states require drivers to have drivers’ licenses. ATVs have a throttle, brakes and handle bars. The driver sits in a straddle seat. You do not need a license to drive an ATV for off-roading. Riders should wear helmets, and safety guidelines recommend that children under 16 do not drive or ride on ATVs. However, there are no regulations to enforce this precaution. United Press International (UPI) reports that 60% of ATV deaths occur on public roadways. Rollovers are the most dangerous type of ATV accident, and head trauma is the primary cause of death in accidents involving ATVs.
Watercraft Accidents
Many types of watercraft are on our waterways. Some of the more common types include: sailboats, motorboats, yachts, cabin cruisers, jet skis, pontoon boats, bass boats and catamarans. Waterways are fair less regulated than roadways. However, in Texas all boat operators born after 1993 must pass a safety course and carry the boater education card, commonly referred to as a license. This also includes people who want to jet ski. Unlike motor vehicles that have laws preventing open containers of alcohol, this restriction doesn’t exist for boat passengers. Furthermore, alcohol is a factor in 50 percent of boating accidents according to Texas Parks and Wildlife. Different states have different laws that regulate boating in their areas. For example, Florida doesn’t require boating licenses.
Bus Accidents
Bus accidents involve various types of buses including public city buses, school buses, private and charter buses along with shuttles. The sizes of buses also varies, but because of their weight and size, they can create significant damages to passenger cars and motorists during accidents. With public buses, the city has the responsibility of maintaining its buses, hiring competent drivers and also keeping the roads safe, free of hazards. Typically, injury victims can sue a city for damages if a bus driver is at fault for causing an accident. A bus accident lawyer can investigate the cause of the accident, including whether the bus driver had a history of accidents, what the driver was doing when the accident occurred and whether the company properly maintained the bus.
How Do Highway Accidents and
Rural Accidents Compare?
Highway Accidents
Highway accidents in Texas take place on dangerous stretches of road. Certain highway areas are known for having accidents, more so than other areas. The four largest cities in Texas include Dallas, Austin, San Antonio and Houston. While these are the most populated cities in Texas, they also have the highest incidence of accidents. Population alone is certainly a factor because wherever an area is concentrated with more people, other statistics also reflect this factor. The deadliest section of highway in Texas is I-69 with a 149 mile stretch that has seen an estimated 8.05 fatalities for every mile. (Data based on NHTSA and the Fatality Analysis Reporting System also known as FARS)
Rural Accidents in Texas
Despite the fact that populated areas with certain highways are danger zones for accident injuries and fatalities, more than 50% of the traffic accidents in Texas occur in rural areas. In addition, TXDOT (Texas Department of Transportation) reported that a higher number fatalities occurred on rural roadways than urban thoroughfares. The main cause of rural accidents traces to higher speed limits and faster driving. Vehicles traveling at high speeds create greater impacts during collision. Other contributing factors are drowsy driving, less law enforcement and intoxicated driving. Also, when drivers are steering trucks or cars on winding curves at high speeds, they can more easily lose control.
Accident Prevention
Safety Tips to Avoid a Truck Accident
Motorists driving passenger cars are wise to follow guidelines for avoiding a truck accident. There’s nothing quite like dodging a semi to make you aware of a close call and realize how close you were to becoming an accident victim.
The following tips can help you drive more defensively around big rigs:
Follow at a greater distance
than with cars
Not only do trucks take longer to stop than other vehicles, their height also blocks your view of traffic in front of them. If a traffic jam, construction zone or hazard lies ahead, you might not be able to see it. When you’re traveling below 40 mph, the FMCSA recommends keeping a distance of one second for every 10 feet of vehicle length. This would be 4 seconds between you and the tractor trailer. And if driving over 40 mph, add an extra second.
Avoid driving or parking
in a truck’s blind spot
When you look in the truck’s mirror, if you cannot see the truck driver’s face then the truck driver can’t see you and your vehicle either. Always pass on the left side of a truck because the blind spot on that side is much smaller than the blind spot on the right side. If you must pull off the road, pull off as far as you can.
Do not pull in closely
in front of a truck
A truck has about 20 feet of blind spot in front of the vehicle. Also, trucks cannot brake as quickly as cars and require greater distances to come to a stop. Ensure if you pull in front of a truck that you have left a lot of space between you and the tractor trailer. The space should be least 5 seconds of travel distance, which would be 75 feet or more.
Pass a truck as quickly as possible
You don’t want to linger when passing a truck. If you must pass, do so quickly. Keep in mind that you can’t avoid being in the truck’s blind spot during part of the time when you’re passing it. Also, if the truck were to blow out a tire or roll over, it is dangerous to be driving beside it when this happens.
Allow trucks plenty of
space for turning
When truck drivers are making a turn, they have lower visibility. In addition, a truck must swing out farther to make the turn, which often takes up more than one lane. Give the truck a lot of space and if you’re unsure about giving it enough space, do not drive in the lane beside the truck until after it has made its turn.
Make your driving predictable
Be sure to use turn signals so truck drivers can tell what you’re planning to do. This is very important if you are changing lanes on a freeway. It also applies whether you are following the truck or driving ahead of it.
Been in an 18 Wheeler Accident? Don’t go it alone—talk to a
Truck Accident lawyer
While a truck crash might make you feel like a statistic, you are not a statistic to us. We provide all our clients with personalized attention and take the time to gather extensive details regarding your accident. For several decades we have handled truck accident claims on behalf of our clients. As a result, we’ve acquired considerable knowledge and skills regarding these types of cases. We know how to obtain a favorable case result. Let us to be your voice in the legal system and stand up for your rights. We can anticipate the strategies used by insurance companies and employ the most effective legal approaches to deal with them. When a truck driver or trucking company is negligent, you shouldn’t have to bear the cost. Recovering compensation for damages can also include compensation for pain and suffering, which can help offset your emotional trauma due to the accident.
Give us a call at (210) 225-HURT (4878) or toll free (800) 645-8553 to schedule a free, consultation at our San Antonio office today. You are under no obligation.
Law Office of
Michael R. De La Paz
Contact Us
Schedule a Free Consultation
Law Office of
Michael R. De La Paz
Contact Us
Schedule a Free Consultation