Truck Accident Attorney in Austin

Semi-trucks and eighteen wheelers are heavier and slower to respond in dangerous situations.  This in combination with their size and weight can cause devastating accidents. The Federal Motor Carrier Safety Administration (FMCSA) reported that the thousands of crashes that occurred in 2016 involving large trucks, cost the lives of 4,564 people. Texas was also discovered to be one of ten states with the highest average of fatal large truck and bus crashes from 2014 to 2016.

If you or a loved one has suffered serious or fatal injuries due to someone else’s negligence, the skilled attorneys at the Bonilla Law Firm will fight for you. With over 30 years of experience in recovering compensation for injured victims, we won’t stop until you receive what you are owed. Contact us today for a free consultation.

Why Choose Us?

We are a local firm in Austin, who unlike many of the mass market firms, maximize our efforts into building substantial cases for our clients. We have conducted numerous field inspections of 18 wheelers, retained accident reconstruction & trucking experts, sent spoliation letters to preserve evidence, and more. Our core values are the standard to which we are accountable in how we interact with clients and in all situations: 

Experience

  • We have decades of litigation experience, allowing us to supply clients with prompt, efficient and effective legal representation.

Integrity

  • We are dedicated to maintaining the highest moral standards in our decision-making, actions, and communications.

Results

  • We thoroughly investigate every case and provide the most optimal means of obtaining the best possible outcome.

Common Factors in Texas Truck Accidents

Commercial truck drivers are constantly on the road, many of them in an effort to meet strict delivery deadlines. This leads to an increased risk of:

  • Driver fatigue
  • Speeding
  • Distracted driving
  • Driving under the influence of drugs or alcohol
  • Driving in dangerous conditions (bad weather / seriously ill)
  • Improper truck maintenance (brake pads need replacement, tire blow-outs, inattentive to transmission)
  • Improperly loaded truck (cargo weight not distributed evenly)
  • Defective truck parts and equipment

Austin Truck Accident Liability

Liability in a commercial truck accident is determined by which parties are found to be at fault. Determining fault will require a thorough investigation, which an Austin personal injury attorney experienced in truck accident claims can help with. More than one party may be held responsible if there is proof of negligence, including the truck driver, the company that owns or maintains the truck, equipment manufacturers and retailers (in a product liability or defective product claim).

There are federal laws in place that regulate how truck drivers and trucking companies must operate, established by the US Department of Transportation and Federal Motor Carrier Safety Administration (FMCSA). They contain strict rules regarding:

  • The requirement of thorough background checks on drivers
  • Limiting the number of hours a truck driver can operate his or her vehicle
  • Restricting a driver’s ability to operate a vehicle when ill or fatigued
  • Regular maintenance and inspections of semi trucks and other commercial vehicles
  • Set rules about logbooks, document retention, and other procedures

A truck driver or trucking company can be found negligent if proven that they failed to operate within the federal guidelines and would then be liable for the damages caused by the accident.

If you are partially liable for the accident, the total amount of compensation you can receive from other at-fault parties can be affected.

Shared fault injury cases in Texas falls under the “modified comparative negligence rule.” This rule means that the compensation you’re awarded will be reduced by the amount equal to your percentage of fault. For example, if you are found to be 25% at fault and are receiving $10,000, then the award will be reduced by 25% which leaves you with $7,500.

If you’re found to more than 50% liable then you will not be able to collect compensation at all from other at-fault parties.

Legal Rights of Injured Victims

In Texas, the statute of limitations for personal injury cases gives you two years from the date of the injury to file a lawsuit in the state’s civil court system. (Tex. Civ. Prac. & Rem. Code, Title 2 section 16.003.) If you do not file suit within this time your right to compensation will be lost, as a Texas civil court will most likely refuse to hear your case.

Don’t Wait to Get Help and Hire an Austin Truck Accident Attorney

If you have serious injuries, you need experienced lawyers, you need the Bonilla Law Firm PLLC. Receive the personalized attention and advice that your case deserves, contact us for a free consultation today.