Law Office of Avery McDaniel

Motor vehicle accidents in Texas involving 18-wheelers or semi-trucks and far smaller cars can be catastrophic. The massive weight and size of large trucks, 18-wheelers or semi-truck can be the most dangerous elements on the roads and highways. The regulation of the trucking industry is complex, and understanding the causes of truck accidents is often difficult. Federal and state laws and regulations govern the trucking industry. These laws establish certain standards that trucking companies, owners, and drivers must meet, and often determine who is responsible for a trucking accident. Federal and state law and regulations govern how many hours a day a truck driver can drive, how much sleep they are to get each night, and the condition and maintenance of their trucks. Typically, truck drivers are paid by the mile driven, and thus have a strong incentive to ignore rules which limit their driving time.

The complexity of large truck cases present difficult issues and often require an expert to review the circumstances of the accident. There are many players involved, from the driver to the owner of the truck, and getting information about what went wrong often requires some industry know-how. Understanding the common reasons for trucking accidents, and the relationships among the persons and entities connected to the truck, the trailer, and the load, will help you determine whether you have a valid claim and how you will present your case. The Law Office of Avery McDaniel has represented clients in many truck accidents for over 14 years. Our firm has significant knowledge and experience in handling truck accident claims in evaluating our client’s cases, dealing with insurance companies and, if necessary, filing a lawsuit and taking the case to trial. If you or a loved one has been injured in a truck accident, call the Law Office of Avery McDaniel for a free consultation at (817) 810-9500.

Each accident must be investigated individually to establish case specifics. The experienced attorneys at the Law Office of Avery McDaniel will thoroughly investigate and assess your trucking accident, the medical evidence used to evaluate physical injuries, and the economic and accounting principles required to evaluate your losses. Our experience in trucking accident litigation is extensive. Our firm’s experienced and aggressive team of lawyers and legal staff is committed to helping you achieve fair compensation for your claim (whether in pre-suit settlement negotiations, mediation, arbitration or trial) and to ensure that your rights and interests are protected. We provide the strongest possible representation.

Trucks have certain speed, turning, visibility, and braking characteristics that, when a truck driver is negligent, can be contributing factors in a truck accident. Other causes of serious semi-tractor trailer accidents include:

In Texas, if the driver that causes an accident is found negligent, the injured individual may be entitled to property damage repair, medical expenses, and some measure of pain and suffering, mental anguish, disability, permanent disfigurement, and wrongful death, and other types of general damage. Texas also allows for recovery of “special damages.” “Special damages” include: lost wages/income depending on the severity of the injury, present and future medical bills, loss of earnings potential and other out-of-pocket expenses. In some cases, the driver that causes an accident may be liable to a trucking accident victim for punitive damages. Please be aware that insurance adjusters, insurers and trucking companies may try to take advantage of trucking accident victims who are not represented by an attorney experienced in Texas trucking accident litigation.

In Texas, if the driver that causes an accident is found negligent, the injured individual may be entitled to property damage repair, medical expenses, and some measure of pain and suffering, mental anguish, disability, permanent disfigurement, and wrongful death, and other types of general damage. Texas also allows for recovery of “special damages.” “Special damages” include: lost wages/income depending on the severity of the injury, present and future medical bills, loss of earnings potential and other out-of-pocket expenses. In some cases, the driver that causes an accident may be liable to a trucking accident victim for punitive damages. Please be aware that insurance adjusters, insurers and trucking companies may try to take advantage of trucking accident victims who are not represented by an attorney experienced in Texas trucking accident litigation.

Some of the more common trucking accidents involve tire blowouts or brake failures. However, with so many important safety mechanisms and parts involved, almost any part can cause an accident if it is defective. At the Law Office of Avery McDaniel we handle defective truck equipment and products liability claims involving:

• Defective tires, causing tread separation and tire blowout
• Underride bar defects, failing to prevent cars from going under the truck
• Air brake malfunction or failure, causing the truck to run out of control or stop suddenly
• Steering equipment defects, preventing safe operation of the truck
• Defective straps and tie downs, causing loads to shift or fall off
• Improperly designed trailer hitch, coupling, or safety straps, allowing a trailer to come loose

These product liability cases can be complex; the manufacturer, designer and several parties responsible for defective truck equipment may be named in a lawsuit. The truck driver or trucking company may also share some of the blame.

These cases require an experienced attorney who can help you navigate the product liability laws for your claim. You should contact the Law Office of Avery McDaniel at (817) 810-9500 to discuss your particular case. We can take on large equipment manufacturers and we have a strong reputation for success.

Other trucking accidents might be the result of highway or roadway defects. Poorly maintained roads, malfunctioning traffic control signals can cause serious or even deadly accidents that might be the responsibility of road construction companies or even the State. These cases require an experienced attorney who understands the special rules about bringing claims and lawsuits against governmental entities. You should contact the Law Office of Avery McDaniel at (817) 810-9500 to discuss your particular case.

• Obtain prompt medical attention.
• Insist that a report be filed with the police, sheriff or highway patrol.
• Exchange information with any and all other persons involved in the accident, including, the name, address, insurance information, vehicle license number and driver’s license number of any and all other persons involved in the accident.
• Get the names, addresses and telephone numbers of all passengers, pedestrians and witnesses.
• Write down the location, date and time of the accident.
• Make a detailed description of the accident.
• Write down any and all statements you hear about the causes of the accident or about any injuries.
• Write down whether any of the drivers appear to be under the influence of alcohol or drugs, the behavior you observed (such as slurred speech) and the names of any other witnesses to this impaired behavior.
• Photograph the accident scene, including all cars involved (before repairing) and any visible injuries (cuts, bruises, etc.).
• Write down the contact information for the police at the scene of the accident.
• Cooperate with the police at the scene but talk to no one about the accident or injuries other than your doctor or lawyer, especially not an insurance adjuster.
• Do not sign any document without consulting with a lawyer. Truthful statements made in an attempt to be helpful can easily be misinterpreted and turned against you.
• If you have physical injuries, seek medical attention and tell your physician or surgeon exactly how the injury occurred and describe all symptoms and complaints.
• Be sure to report memory problems, confusion or disorientation, however minor these things may seem at the time.

Call the Law Office of Avery McDaniel for Your Free Consultation

Trucking accidents can result in serious physical and financial consequences. Trucking accidents can also cause significant disruption in the life of a trucking accident victim and the victim’s family. Choosing the right legal representation is the first step in reducing stress and moving toward the resolution you deserve. By contacting the Law Office of Avery McDaniel you will be hiring a law firm with an exceptional reputation with insurance companies and adjusters, other lawyers and the courts. Our firm has experienced trial lawyers with extensive trial experience and highly trained pre-litigation staff with the knowledge and skills to handle client concerns quickly and effectively. We will work diligently and effectively to investigate the trucking accident scene, research the accident and your vehicle, compile and preserve evidence, and work with investigators and/or experts. Our firm has a proven method for successfully managing your trucking accident claim from initial consultation to settlement or trial. We appreciate the opportunity to demonstrate our personal commitment and to put our knowledge and experience to work for you to maximize the recovery to which you are entitled for your injuries or loss.