According to the Texas Department of Transportation, there were over 25,000 truck accidents in 2022. Truck accidents are far more dangerous than car accidents. Why are they so serious? What are the common causes of truck accidents? These types of accidents are often more complex from a legal standpoint as well. So, who is potentially liable in this type of claim?
Falcon Law Group, PLLC provides passionate representation for McAllen truck accident victims. Our experienced trial lawyers understand the complexities that are often involved in truck accident claims as well as the Texas personal injury laws that apply to them. Schedule your consultation now. Se Habla Español!
Ready to pursue your truck accident claim? Call Falcon Law Group at (516) 618-0411 today for a free consultation.
Why Truck Accidents Are So Serious
Truck accidents are as serious as they are for several reasons. These include:
- The difference in size of the vehicles
- The inability of a truck to stop as easily as a passenger vehicle
When we take two vehicles of a drastically different size as well as the larger vehicle’s inability to stop as easily, it’s more likely that severe injuries occur. It’s not as easy to stop a larger vehicle even in the best of circumstances, let alone when there are additional factors that cause accidents.
McAllen Truck Accident Statistics
While the state of Texas has alarming truck accident statistics, McAllen also faces its own unique challenges on the road. Below are key statistics relevant to McAllen and the surrounding area:
- Truck accidents in McAllen: McAllen is part of the larger Hidalgo County, which consistently ranks high in the number of truck-related accidents in Texas, particularly along major highways like U.S. 83 and U.S. 281.
- Fatal truck accidents: Hidalgo County saw a significant number of fatal truck accidents in recent years, contributing to the state's high fatality rate among truck crashes.
- Injury rates: A substantial percentage of accidents in McAllen involve serious or incapacitating injuries to victims, including both occupants of passenger vehicles and pedestrians.
- Common contributing factors in McAllen accidents: Poor weather conditions, speeding, and improperly loaded trucks are frequent causes of truck crashes in the McAllen area.
- Commercial vehicle crashes: Similar to state statistics, McAllen experiences a high rate of Commercial Motor Vehicle (CMV) crashes, especially in urban areas where commercial trucks mix with everyday traffic.
- Nighttime accidents: Like many areas, a significant number of truck accidents in McAllen occur during nighttime or low-visibility conditions, increasing the likelihood of serious accidents.
- Accidents on rural roads: Truck accidents in rural parts of McAllen and Hidalgo County account for over 50% of all truck-related crashes, with many of these accidents occurring on roads less equipped for large vehicles.
Common Causes of Truck Accidents
In and around McAllen, Texas, some of the most common causes of truck accidents are:
- Improperly loaded trailers
- Improperly secured loads
- Speeding
- Drivers who are pushed to meet unreasonable deadlines which causes them to drive while they are tired
- Driving while under the influence
- Improper truck maintenance
- Lack of training
- Defective parts
- Poor weather conditions
- Poor roads
Common Truck Accident Injuries
Truck accidents often result in severe injuries due to the size and weight of commercial trucks compared to passenger vehicles. Some of the most common injuries sustained in these types of accidents include:
- Head and Traumatic Brain Injuries (TBI): The impact from a truck accident can cause serious head injuries, including concussions, skull fractures, and traumatic brain injuries, which may lead to long-term cognitive and physical impairments.
- Spinal Cord Injuries: Injuries to the spinal cord can result in partial or complete paralysis, leading to significant lifestyle changes and the need for lifelong care.
- Broken Bones and Fractures: The force of a collision with a truck often leads to broken bones, which may require surgery and extensive rehabilitation.
- Internal Injuries: The impact can cause damage to internal organs, such as the liver, spleen, and kidneys, potentially resulting in life-threatening conditions.
- Neck and Back Injuries: Whiplash, herniated discs, and other neck and back injuries are common in truck accidents and can lead to chronic pain and reduced mobility.
- Burns and Lacerations: Fires or severe impacts may result in burns or deep lacerations, leading to scarring, infection, or even amputations in severe cases.
Who Is Potentially Liable in a Truck Accident Claim?
One of the reasons that truck accidents can be legally complex is because more than one person could be held liable depending on the circumstances of the accident. Yet, even in truck accident claims that appear to be straight forward, there could be more than one liable party. Examples of potentially liable parties include and may not be limited to:
- The driver of the truck
- The owner of the truck
- The company that may be leasing the truck to the driver
- The company responsible for loading and securing the goods for delivery
- The company responsible for maintenance if they were paid to perform the services and those services weren’t performed
- The manufacturer of a defective part
- The company responsible for maintenance on the truck if they used a part they knew was defective
Those are only a few of the potential liable parties of a truck accident. Those who may be responsible depend on the facts surrounding the possible claim.
How a Personal Injury Attorney Can Help You
If you've been involved in a truck accident in McAllen, hiring a skilled personal injury attorney can be crucial to ensure you receive the compensation you deserve. Here's how an attorney can help you through the process:
- Investigation and Gathering Evidence: A personal injury attorney will conduct a thorough investigation into the accident, gathering key evidence such as accident reports, witness statements, video footage, and more to build a strong case on your behalf.
- Identifying Liable Parties: Truck accidents can involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, and maintenance providers. An attorney will help identify all parties responsible for your injuries and hold them accountable.
- Negotiating with Insurance Companies: Insurance companies may try to offer you a settlement that is much lower than what you are entitled to. A personal injury attorney will handle negotiations with the insurance company to ensure you get fair compensation for your medical expenses, lost wages, pain, and suffering.
- Managing Legal Paperwork and Deadlines: Personal injury claims involve a lot of legal paperwork and strict deadlines. An attorney will manage all the necessary documentation, filings, and timeframes to avoid any errors that could jeopardize your case.
- Fighting for Fair Compensation: An experienced personal injury lawyer understands how to accurately value your claim, including medical costs, future treatment, lost earnings, and emotional distress. They’ll fight for the maximum compensation you deserve.
- Representation in Court: If a fair settlement cannot be reached, a personal injury attorney will represent you in court, advocating for your best interests and fighting for a favorable verdict.
- Peace of Mind: After a traumatic truck accident, having a skilled attorney on your side allows you to focus on your recovery while they handle the legal complexities. You won’t have to navigate the process alone.
The Insurance Company Has an Attorney - So Should You
The insurance company and trucking company both have a legal department…and so should you. Make sure that you have someone on your side looking out for what’s in your best interest. Don’t face the insurance company and trucking company alone and expect to get treated fairly.
Falcon Law Group - McAllen Truck Accident Lawyers
Schedule your consultation with Falcon Law Group. We’ll shield you from the insurance company and trucking company. Our job is to watch your back. Contact us now to get started.
Frequently Asked Questions
What should I do immediately after a truck accident?
After a truck accident, ensure your safety by moving to a safe location, if possible. Call 911 to report the accident and seek medical attention right away. Gather evidence such as witness statements, photographs of the scene, and the truck driver’s details, but avoid admitting fault.
Who can be held liable for a truck accident?
Liability in a truck accident may extend beyond the driver to include the trucking company, truck manufacturer, maintenance provider, or the entity responsible for loading the cargo. A thorough investigation by an attorney can identify all parties responsible for your injuries.
What compensation can I receive after a truck accident?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages. Your attorney will help determine the full scope of your damages and fight for fair compensation.
How long do I have to file a truck accident claim?
In Texas, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident. However, it’s important to contact an attorney as soon as possible to ensure you don’t miss any important deadlines.
Can I still file a claim if the truck driver was uninsured?
Yes, you may still be able to file a claim through your own insurance policy or pursue legal action against the trucking company, which may have insurance that covers accidents. An attorney can help you navigate these complexities.
