You must be overwhelmed with questions after your Dallas car wreck.  Why not get the answers from a Texas board-certified personal injury attorney?

  • Page 1
  • Are Self-Driving Trucks Safe?

    After years of talk and research, self-driving vehicles are now on our roadways. Tech companies like Uber, who was the first to test self-driving trucks in 2016, and others like Ford and GM are leading the push.driverless truck

    Many in the trucking industry are excited about the potential for driverless semi-trucks. Shipping companies believe that they will be able to move cargo more efficiently and inexpensively.

    Engineers are developing driverless semi technology that are showing impressive results. A tech startup called Embark recently outfitted a truck with its self-driving equipment that completed a 2,400-mile trek from Los Angeles to Jacksonville without human aid.

    What Are The Benefits of Autonomous Semi-Trucks?

    Driverless trucking tech promises increased efficiency to the shipping industry. More and more cargo needs to be moved every day, and with the current shortage of truck drivers, autonomous trucks would allow companies to ship more using fewer drivers.

    Autonomous trucks are able to operate at any time of the day, which means they can avoid rush hour traffic. They also don’t get tired or need to have breaks, avoiding the dangers of fatigued driving by truckers.

    Driverless trucks will also be able to improve the safety record of the trucking industry. Trucks are involved in hundreds of thousands of collisions every year that result in thousands of fatalities.

    Autonomous vehicles eliminate the dangers that come when drivers get tired or become distracted by their phones. They would also be able to analyze data from onboard sensors that would warn them of problems in advance.

    Potential Dangers of Autonomous Trucks 

    Many trucking industry experts say driverless technology still needs years of testing before autonomous vehicles will be ready for the road.

    Critics say proper research and development are being overlooked by tech and manufacturing companies who only want to speed up the process to make a profit. Every company wants to be the first to have its self-driving vehicle on the road.

    Unregulated 

    There is a good amount of regulation within the trucking industry to keep employees and the public safe. Federal rules cover such things as maximum drive time for drivers and when they are required to take a break.

    On the state level, rules decide how heavy and large trucks can be as well as other operational requirements.

    Trucks are large, unwieldy machines that present a set of unique dangers for other motorists on the road. A collision with a semi can easily cause multiple fatalities.

    There is as of yet no regulation when it comes to the operating of autonomous vehicles on our highways. There simply is not enough information about the new industry to create effective regulation.

    Unproven Technology 

     

    Even the most reliable computers break down and need to be repaired. Of course, when your home computer breaks down, no one’s life is at risk. Not so with a self-driving truck computer.

    Automotive malfunction is a common occurrence, and many things can cause a truck to break down. This is true of driverless trucks as well. A bump in the road or a loose wire could cause the computer to malfunction and send the truck veering off the road.

    All driving scenarios will need to be programmed into the truck’s computer system in order to perform safely. Every curve in the road has its own angle, and some streets become extremely narrow.

    Computers will need to know to take turns slowly. If the driverless truck’s computer hasn’t been properly programmed properly, a truck could overturn.

    The onboard computer will also need to know how to react to adverse weather conditions. An experienced driver knows how to deal with rain or snow, but if a computer can’t process the data correctly, it might not slow down and could cause an accident.

    Humans can collect environmental stimuli, process this information, and take action at incredible speeds. Current technology is simply still not as fast as the human mind.

    Current computer systems being tested in driverless trucks use sensors to detect weather and other changes around the vehicle.

    But these sensors can only recognize objects relatively close to the truck. Trucks’ size and weight require more time to react than other vehicles. When a truck doesn’t stop in time, the results are never good.

     

    Have You Been Injured In A Texas Truck Accident?

    If you've been hurt in a Texas truck accident you need to speak with an experienced truck accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

  • Can Truck-Only Lanes Make Our Highways Safer?

    Just about everyone has found themselves stuck in gridlock traffic at one time, and for those who live in the big city, it is a constant reality. It’s even more stressful having to negotiate traffic when massive semi-trucks are also on the roads. 18 wheeler

    Of course, truck drivers can also be bothered by the behavior of passenger vehicle drivers when they drive fast and recklessly. Some states are setting up plans to improve the flow of traffic and increase safety by creating designated lanes for semis and other large trucks.

    Truck-Only Lanes

    Like other industries, the trucking industry is experiencing a turbulent time as it tries to make trucking more safe and efficient. Proponents of truck-only lanes believe the move could greatly reduce the number of semi-truck collisions. Although there is pushback from some, the idea for designating lanes for large commercial vehicles seems to be graining ground.

    More than 3,500 people are injured or killed every year by a collision with a semi-truck. In 2014, the National Highway Traffic Safety Administration (NHTSA) reported 3,903 fatalities due to an accident with a big rig.

    And according to the Federal Highway Administration, traffic congestion costs shipping companies an estimated $7.8 billion per year. Congestion is caused by bottlenecks, accidents, and road construction, all of which interferes with delivery schedules and increases costs.

    Trucking remains the dominant method for freight transport, and truck traffic is increasing at a higher rate than light-vehicle traffic. Can designated lanes for trucks improve the situation?

    Possible Benefits of Truck-Only Lanes

    Providing truck-only lanes has several potential benefits.

    First, by having designated trucking lanes, congestion can be eased and deliveries can arrive more quickly and reliably. Separating heavy trucks from passenger vehicles will allow both to drive more safely.

    The difference in size and maneuverability of semis from everyday vehicles make it so that they get in each other’s way.

    Statistics tell us that truck drivers get into fewer accidents than light-vehicle drivers. But they also tell us that everyday motorists are more likely to die if they are in a multi-car accident with a semi.

    Surveys have suggested that people would be willing to pay if they didn’t have to share the road with 18-wheelers.

    Another advantage to truck-only lanes is that heavier trucks damage roads more, so when trucks are delegated to certain lanes, there will be less maintenance for the other lanes.

    Since big trucks require higher-road design standards, the remainder of the roadway can be built to a lower standard.

    Truck drivers will also benefit. Truckers must often drive more cautiously around reckless drivers who drive in their blind spots and cut them off in traffic without appreciating how hard it is for an 18-wheeler to brake and stop.

    Less passenger vehicle traffic around them means fewer start and stop conditions that waste fuel.

    If professional truck drivers had their own lane, they would also be able to drive more closely to other big rigs, creating “fleets” that can reduce drag and enhance fuel efficiency.

    In addition, these lanes are a safer alternative for using longer combination vehicles or LCVs.  These are double- and triple-trailer rigs that could save money in fuel and other shipping costs.

    Some are also considering making truck-only lanes toll roads. These truck-only facilities could fund the rehabilitation of existing roads and reduce long-term infrastructure costs.

    Disadvantages of Truck-Only Lanes

    Of course, there are also concerns over implementing truck-only infrastructure.

    Costs for building new infrastructure are exceedingly high, and continuous rights-of-way access may be unavailable. There will always be parts of our roadways where trucks and cars will both be present.

    And depending on use, roadways may not be able to achieve a balanced division between trucks and cars. Truck-only lanes may not be cost-effective if trucks are only a small part of the traffic.

    Truck-only lanes may have a future on our highways, but finding the money to pay for it will require a cost-benefit analysis that considers all the factors.

    Have You Been Injured In A Texas Truck Accident?

    If you've been hurt in a Texas truck accident you need to speak with an experienced truck accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

  • Do 18-Wheelers Have Black Boxes?

    Much like airplanes that are required to have recording devices known as “black boxes,” most 18-wheelers also come equipped with a black box.

    When we hear about a plane crash in the news, the first thing investigators are interested in is recovering the black box. It contains flight data that can help officials recreate the accident in order to figure out exactly what happened and how such a crash may be prevented in the future. 18-wheeler

    This is precisely the reason black boxes are installed in big rig trucks.

    What Exactly Is a Black Box?

    Black boxes inside 18-wheelers document information about the movement of each truck over a specific period of time. There are now mainly two types of devices installed in trucks—an event data recorder (EDR) and/or an electronic logging device (ELD).

    Both of these can determine the route of a trip, the time of travel by a truck, its speed, length of trip, hours of service, and exactly how long the driver was using their brakes.

    Electronic Logging Device

    Electronic logging devices are connected to the engine of 18-wheelers and track the number of driving hours so trucking companies and drivers may be in compliance with the federal mandates concerning how many hours a truck may be driven.

    ELDs automatically record location, time, date, engine hours, miles driven, and store specific info on the driver and carrier. In certain instances, federal law requires that drivers have special licenses to transport things like chemicals, so the driver’s information is also recorded onto the ELD.

    These tools may already be installed onto each rig, or drivers might bring their own ELD, which may be connected to a tablet, cell phone, or another piece of equipment for transmitting data.

    The Federal Motor Carrier Safety Association, in 2015, mandated that all trucks manufactured after 2000 should be using ELDs to track the number of hours such trucks are in service. They established a time period that certain trucks and companies must comply with, which ranged from 2017-2019.

    Event Data Recorder

    Many modern 18-wheelers and commercial vehicles have event data recorders installed in them. There are several different models of EDRs produced by different companies, but all record a vast amount of information.

    EDRs will store information that includes:

    ●      when the truck was in or out of service

    ●      a truck’s maximum and minimum speeds at specific times

    ●      when the truck arrives and departs from a destination

    ●      when cruise control is activated

    ●      when the brakes are applied before and during a crash

    ●      the speed at which the truck was moving when the driver pressed down on the brakes with the most force

    The more up-to-date models of EDRs are programmed to record data from critical events, like collisions, beginning several minutes before the actual impact and at least 30 seconds after. EDRs can not only determine when a truck driver reacted to a wreck, but how they responded to it.

    Obtaining the Data from a Black Box

    Basically, when an accident involving an 18-wheeler occurs, an attorney will immediately send a “preservation-of-evidence” letter to the transportation company that has the black box and follow it up with a lawsuit so that the attorney may obtain the information within the device.

    This preservation-of-evidence letter, also known as spoliation-of-evidence, informs the trucking company that the collision will be the subject of litigation and that the information on the black box must be preserved by law.

    If they fail to maintain the evidence on the black box after receiving the notice, they can then be subjected to sanctions and penalties in a civil action.

    After a trucking company is in compliance with preserving the evidence, the attorney or law firm will then send out a request for production, which is the turning over of relevant evidence. In some cases, the tractor and trailer are physically inspected by the attorney or law firm and their experts.

    The data received from the black box is often hard to understand, which is why your attorney should have experts available who can interpret all the recorded information.

    The majority of national and regional carriers have black boxes installed into their trucks in addition to using satellite tracking devices to monitor their 18-wheelers. Preserving the electronic data collected by these devices is essential to a personal injury case, and hiring an attorney as soon as possible can ensure that such data will be available for your case.

    This information will be the most objective source in describing the events that led up to the crash.

    Have You Been Injured In A Texas Truck Accident?

    If you've been hurt in a Texas truck accident you need to speak with an experienced truck accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

  • What Can Happen When Trucking Companies Hire Bad Drivers?

    Needless to say, driving a massive 18-wheeler takes a lot more experience and skill to drive than your typical 4-door sedan or pickup truck.
     
    In the past decade, trucking companies have seen fewer and fewer people applying for driving positions. At the same time, experienced truck drivers are retiring, leaving a shortage in qualified labor.
     
    Not having enough drivers is also causing trucking companies to struggle to deliver their loads on time. With the added pressure, a company might allow drivers to drive more than is allowed by federal law, encourage them to skip breaks, and ignore regular maintenance checks, all of which might put motorists in danger.
     
    In 2019, the driver of an 18-wheeler struck another big-rig truck on I-75 outside of Gainesville, FL. One of the trucks then struck a passenger vehicle while the other careened over the center divider, striking a church van. It was discovered that the truck driver who caused the accident had received several traffic tickets over the years, which included speeding, not carrying proof of insurance, operating an unsafe vehicle, and driving an overloaded commercial vehicle. Both truck drivers and the 5 children in the van lost their lives due to the accident.
     
    Although there are federal regulations that require companies to hire competent drivers, due to the low availability of drivers, many might employ truck drivers with bad driving records, which can put you at risk.

    Why Is There a Shortage of Truck Drivers?

    The American Trucking Association reported in 2019 that approximately 60,000 drivers were needed to satisfy the demand from trucking companies and that soon the number will increase to 100,000. It is thought that potential younger employees are not attracted to the job.
     
    The lifestyle of a truck driver can be a difficult one. Long periods of time isolated and out on the road see truck drivers away from home, causing strain on their families. Most drivers earn anywhere from $40,000 to $50,000. This income, they believe, does not adequately compensate them for the time they have to be away from their loved ones.
     
    Truck drivers also have to conform to a set of federal regulations that, if broken, may result in fines and penalties. Traditionally truck drivers have been able to do their jobs without having to answer to authorities, which was one of the reasons they were attracted to the job in the first place. But now drivers are constantly monitored by new technology, even as trucking companies pressure them to deliver their loads on time and sometimes even bend the rules to do so.
     
    There are also health issues of which older drivers are aware and sometimes cause them to retire from the profession. These health problems arise from sitting in the same position for hours on end, day after day, causing damage to the circulatory and cardiovascular systems. These same health problems deter many people from becoming a truck driver.

    How Is a Company Prevented From Hiring Bad Drivers?

    Simply put, bad drivers have bad driving records and cause more accidents. 
     
    In 2018, a study by the American Transportation Research Institute determined that:
    1. Drivers who had previously been in an accident were 88% more likely to be involved in another crash
    2. Drivers who regularly failed to use a turn signal were 96% more likely to get in a wreck
    3. Drivers with speeding tickets of 15 MPH or more over the limit were 67% more likely to get in a crash
    Regulations exist that are meant to ensure that trucking companies hire competent and well-trained drivers. First and foremost, a driver must pass a series of practical driving tests and written tests to obtain their CDL (commercial driver’s license).
     
    There are also federal requirements that forbid a driver from operating a vehicle if their blood alcohol concentration (BAC) is .04% or higher or if they are under the influence of drugs, prescribed or otherwise.

    Negligent Hiring Practices

    The following are instances where a trucking company might be guilty of negligent hiring:
    • Doesn’t provide training to an inexperienced driver
    • Hires a driver without a valid CDL
    • Doesn’t require drug testing of the driver
    • Hires a driver with several driving violations and/or with a record of driving while impaired
    • Hires a driver whose advanced age has affected his ability to be a good driver
    • Does not complete a background check of the driver
    • Does not report accidents and safety violations committed by the driver

    Have You Been Injured In A Texas Truck Accident?

    If you've been hurt in a Texas truck accident you need to speak with an experienced truck accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

  • What Is Trucker Fatigue? What Laws Work to Prevent It?

    tired-truckerHaving a tired and overworked trucker at the wheel of a Big Rig can lead to one of the most dangerous kinds of accidents we have on our highways. That’s why the Federal Motor Carrier Safety Administration (FMSCA) has implemented a set of driver fatigue laws to prevent such accidents from occurring.
     
    Oftentimes, truck drivers will continue to work long after a sense of drowsiness has overtaken them. These situations have resulted in hundreds of deaths and thousands of crashes each year.
     
    You might remember that in 2014, famous actor/comedian Tracy Morgan was one such victim of truck driver fatigue. After being hit by a Walmart tractor-trailer in New Jersey, he was in a coma for two weeks while his friend, comedian James McNair, tragically died in the same collision.
     
    Walmart eventually settled with Tracy Morgan for an undisclosed amount after it was discovered that the truck driver had gone without sleep for 24 hours prior to the accident.
    In 2017, according to the National Highway Traffic Safety Administration (NHTSA), driving while fatigued led to 91,000 crashes, 50,000 injuries, and 795 fatalities.

    Several Factors Can Lead to Truck Driver Fatigue

    In general, truck drivers are under pressure to deliver their cargo on time, so tight deadlines can even encourage drivers to exceed speed limits, which when combined with drowsy driving, can lead to severe consequences.
     
    Even though a large portion of the population can experience sleepiness while driving, commercial drivers are even more likely to become fatigued.
     
    Drivers can become fatigued when:
    • Driving in certain conditions such as rain or in darkness (when it becomes dark outside, the body produces melatonin which helps trigger the body to sleep)
    • Long hours on the road 
    • Driving after taking medication and after eating heavy meals
    • Driving under the influence of alcohol or drugs
    • Older drivers and those in poor health are also more susceptible to fatigue
    • Sleep apnea (a condition that decreases the amount of oxygen one gets while sleeping so that during waking hours a person might feel drowsy)

    Laws Governing Truck Driver Fatigue

    To keep truck drivers from driving while fatigued, the FMCSA established a set of rules, known as hours of service (HOS) regulations, that commercial drivers are required to follow. By keeping truckers off the road for long hours and enforcing breaks, these rules were designed to prevent further accidents involving trucks.
     
    These are the current provisions:
    • 30-minute rest breaks must be taken by truck drivers after 8 hours of consecutive driving 
    • Truck drivers are limited to a 60/70 hour work week depending on a rolling period of seven or eight days. After their week is complete, they may only return to driving after being off-duty for more than 34 hours.
    • During any 24-hour period, commercial truck drivers can only work during a “14-hour window,” during which they can only drive for 11 hours and must be off duty for 10 consecutive hours. The other 3 hours during the work window may include things like breaks, meals, and logging their time and cargo.

    Who Is at Fault in a Fatigued Truck Driving Accident?

    Obviously, the truck driver himself is responsible for following regulations and maintaining an accurate driver log, but not every truck driver is solely to blame. Some trucking companies have been known to push drivers to break regulations and manipulate their logbooks.
     
    Claims against commercial trucking companies can be complicated as fault may be attributed to several parties. Perhaps the truck itself was defective. Then the truck’s manufacturer might be found liable.
     
    In the case of the truck driving accident involving Tracy Morgan, the driver himself was clearly at fault, but Walmart initially refused to take responsibility for the actions of its employee, so Morgan took them to court. Walmart said it was not to blame because the victims of the accident were not wearing seatbelts. In this case, the National Transportation Safety Board sided with Morgan, saying that Walmart’s truck driver was extremely sleep-deprived.
     
    Of course, the circumstances of each individual case are different, and it may be that the trucking company, or the truck driver, or both, will be held at fault for truck driver fatigue.

    Have You Been Injured In A Texas Truck Accident?

    If you've been hurt in a Texas truck accident you need to speak with an experienced truck accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

  • What are some common defenses trucking companies use to avoid liability after a truck accident?

    When you must file a claim for compensation for injuries you have suffered in an 18-wheeler truck accident, you have the burden of proving the negligence of the trucker and trucking company. Even if you believe you have an iron-clad case, they will most likely raise defenses to try to deny or reduce your claim. Part of proving your case is anticipating and overcoming their arguments.

    The Hart Law Firm Truck Accident

    Common Defenses Asserted in Truck Collision Cases

    Depending on the cause of your crash, multiple parties, such as the truck driver, trucking company, shipper, broker, and maintenance facility, could be responsible for compensating you for your injuries. Common strategies they may employ to deny liability include:

    Comparative negligence.

    When using this defense, the negligent parties are claiming that you were partially at fault in causing the accident. Under Texas comparative negligence law, you would be barred from receiving any compensation if you were more than 50 percent at fault. If you were less than 50 percent to blame, the amount you receive would be reduced by your percentage of fault.

    Other parties.

    If there was more than one vehicle involved in your crash or there are multiple negligent parties, the trucking company could claim that another driver or party was to blame. Depending on the strength of their argument, you may need to file a claim with this third party as well to ensure that you receive what you deserve in your settlement.

    Statute of limitations.

    You must file your lawsuit within the statute of limitations, which is the deadline you have to file. In Texas, this time period is two years from the date of your accident. If you wait longer to file your complaint, the trucking company will argue that your case should be dismissed, and the judge will most likely agree with them.

    Mitigation of damages.

    Injured victims of a truck or other accident have a duty to attempt to reduce their damages. If you do not seek treatment soon after your crash or do not follow your doctor’s advice, the negligent parties could argue that this caused your injuries to worsen. They may also claim that you failed to mitigate your damages by getting unnecessary medical care.

    Have You Been Injured In A Texas Truck Accident?

    If you've been injured in a truck accident you need to speak with an experienced truck accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

  • What types of compensation could I receive in a wrongful death action following a truck accident?

    It is devastating to lose a family member in a truck accident, especially when it was caused by the negligence of the truck driver and trucking company. It can cause you to suffer both emotionally and financially. Fortunately, the trucking company and trucker may be responsible for compensating you for your losses. While this will not take away your grief at the loss of your loved one, it can help you obtain justice and return to the financial stability you enjoyed before your loved one’s death.

    Wrongful Death From Texas Truck Accident The Hart Law Firm

    Compensation Awarded in Wrongful Death Actions

    There are two types of claims you may bring following the loss of a loved one. The first is a wrongful death action to recover the losses you personally suffered due to your family member’s death. The other is a survival action which is a claim for the financial losses that your loved one incurred from the time of the truck accident until his death.

    In Texas, you are permitted to file a wrongful death action if you are the victim’s spouse, child, or parent. Compensation you may receive includes:

    Lost Earning Capacity 

    If your loved one was employed and provided financial support to you at the time of his death, you might be entitled to compensation for the  future lost wages and other benefits of his employment.

    Loss of Support 

    You are entitled to be compensated for the loss of support, love, care, advice, and guidance that your loved one provided to you in your daily life.

    Pain and Suffering 

    You also can receive compensation for the pain and suffering you are experiencing due to your family member’s death. If you need mental health counseling to help you cope with your grief, you can be reimbursed for this as well.

    Loss of Services

    If your loved one provided household or other services to you, this can be included in your settlement.

    Inheritance 

    You can be compensated for the inheritance you would have received if your family member lived. You should be entitled to the amount he would have reasonably been expected to earn if he had lived.

    Punitive Damages 

    If the trucker’s or trucking company’s actions were willful or grossly negligent, you might be entitled to punitive damages to punish them.

    Damages You May Receive in a Survival Action

    A survival action is generally brought by the personal representative of a deceased person’s estate for the benefit of his heirs. Depending on the circumstances in your case, you may be the one pursuing this claim as the estate executor and receive this compensation as one of your loved one’s heir. Damages awarded in survival actions can include:

    • Medical expenses incurred by your loved one from the time of the truck accident until his death
    • The wages your loved one lost between the truck accident and his death
    • Funeral and burial expenses
    • Pain and suffering your loved one experienced due to the truck accident
    • Punitive damages

    Have You Been Injured In A Texas Truck Accident?

    If you've been injured in a truck accident you need to speak with an experienced truck accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

  • What should you expect at your initial consultation with a truck accident attorney?

    Most attorneys in truck wreck cases in the Dallas/Fort Worth area offer a free initial consultation to potential clients, and you should definitely take advantage of this. This meeting is an opportunity for the lawyer to assess your case. The second purpose is for you to determine whether this person is an experienced truck accident attorney and whether he is someone you feel you can trust and who will aggressively fight for the compensation you deserve.

    What Could Happen at Your First Appointment With a Truck Accident Lawyer

    Once you have researched attorneys who handle these cases, you want to schedule a free initial consultation with your top two or three choices. Here is what you can expect to happen at your appointment:

    Discussion of your case

    The attorney will want to have a detailed conversation about your case. This can include questions about how your accident happened, your injuries, evidence you have collected, and any conversations you have had with the negligent trucker’s and trucking company’s insurance company.

    Legal advice

    Once the lawyer has a better sense of your case, he should provide you some general legal advice. This may include discussing who could be liable for compensating you, the types of compensation you may be entitled to, the importance of following your doctor’s treatment plan, and mistakes not to make.

    Explanation of legal process 

    The attorney may explain how filing a claim and filing a lawsuit differ, the steps involved in each, and how long he believes it may take to resolve your case.

    Communication process

    Good communication between you and your lawyer is important to the outcome of your case and your relationship with him. You should discuss how your attorney will be communicating with you, how often he will update you on your case, and how soon he will get back to you if you contact him with questions.

    Attorney fees

    A truck accident attorney should explain what attorney fees you will owe and whether or not he will handle your case on a contingency fee basis.

    Your questions 

    You should come to the appointment with a list of questions about the attorney’s experience in these cases, how many cases he has successfully settled and taken to trial, and any other concerns you have.

    Have You Been Injured In A Texas Truck Accident?

    If you've been injured in a truck accident you need to speak with an experienced truck accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

  • What happens if I was partially at fault in causing my truck accident in Decatur?

    Texas is a fault state that requires negligent drivers to compensate the victims of a passenger vehicle or truck accident. In many cases in Decatur, the truck driver’s and trucking company’s liability for causing a collision is clear cut. However, in some situations, the fault may be divided among more parties. Here, we explain your rights to compensation if you are found to be partially to blame for causing your crash.

    The Hart Law Firm Truck Accident Lawyer

    How Texas’ Comparative Negligence Law Could Apply in Your Case

    Texas follows the modified comparative negligence rule in vehicle accident cases. If a party is partially at fault, he will still be entitled to compensation for his injuries as long as he was not more than 50 percent to blame. Here’s how comparative negligence works:

    • If you are found to be more than 50 percent at fault, you would not be entitled to any compensation from the truck driver.
    • If you are less than 50 percent to blame, the amount of compensation you receive would be reduced by your percentage of fault. For example, if your damages are $200,000 and you were 20 percent at fault, you would still be entitled to $160,000 from the negligent trucker and trucking company—a substantial amount of what you would otherwise be owed.

    Because it is a way to reduce their liability for compensating you, you should not be surprised if the insurance company for the trucker and trucking company tries to claim that you were partially negligent even if this was not true. An experienced truck crash attorney will have strategies to defeat these unjustified claims and can protect your legal rights so that you receive what you are entitled to in your settlement.

    Have You Been Injured In A Texas Truck Accident?

    If you've been injured in a truck accident you need to speak with an experienced truck accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

    We help injured truck wreck victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.

  • How can a truck’s black box can help your truck accident claim?

    Most people know that an airplane’s black box could lead to important information as to the cause of an airplane crash. You may not be aware that a truck also contains a black box that can also help prove the trucker’s and trucking company’s negligence in causing your truck crash. However, you will need to act quickly to obtain this information from the trucking company before it is lost. This will not be an easySemi Truck Wreck task.

    Helpful Information That a Truck’s Black Box Could Contain

    Black boxes have been installed in commercial trucks since the 1990s, so it is almost certain that the truck that caused your wreck contained one. These devices are also known as event data recorders (EDR) and consist of sensors and other components linked to the truck’s engine that record information regarding the trucker’s actions and the truck’s operations, including the following:

    • Truck’s average and highest speed and the speed at the time of your wreck
    • Time the trucker drove
    • Time that the trucker drove at 65 miles per hour or faster
    • Average engine RPM
    • Seat belt usage by the trucker and any co-driver
    • Airbag performance
    • Truck’s idling time
    • Hard braking and sudden stops
    • Cruise control usage
    • GPS coordinates and location

    How Can the Truck’s EDR Information Help When Filing a Claim for Compensation?

    The truck’s black box can provide factual information regarding what the truck was doing before, during, and after your collision that may be in sharp contrast to what the trucking company and trucker claim. Some of its uses include:

    • The data can be used with other information by a crash reconstruction expert to recreate how the trucker caused your wreck.
    • You can use the data to determine how fast the truck was travelling before and during your wreck and whether the truck driver was speeding.
    • You can see if the trucker applied the brakes before or during your wreck.
    • You can compare the black box data to the daily log of hours driven that the truck driver is required to complete. This can help you determine if he violated federal hours of service regulations regarding the hours he is allowed to drive and if fatigue caused your crash.

    Our Experienced Legal Team Can Help to Obtain the Truck’s Black Box

    EDR data is often recorded over in approximately 30 days. You need an experienced truck wreck attorney to act quickly and send the trucking company a spoliation letter advising them not to destroy this vital information. At the Hart Law Firm, our experienced legal team understands the importance of obtaining the black box data and other evidence important to your truck wreck claim before it is destroyed. 

    Have You Been Injured In A Texas Truck Accident?

    If you've been injured in a truck accident you need to speak with an experienced truck accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.

    We help injured truck accident victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.