However, winning truck accident cases is tricky. You\u2019d need the assistance of a notable Austin Truck accident lawyer to understand the personal injury trial law and fight your case. Contact Jerome O. Fjeld, PLLC, for solid legal representation in a truck case today. <\/p>\n\n\n\n
Causes Of Truck Accident <\/strong><\/h2>\n\n\n\nThe size and weight of large trucks, tractor-trailers, and semi-truck pose a huge road risk. Even a tiny mistake on the driver’s part could have catastrophic consequences. While in some cases, it\u2019s the blatant negligence of the driver that plays a role in trucking accidents, in some instances, some external factors also contribute<\/a> to the accident, including poor maintenance of the commercial trucks. Here are some of the most common causes of truck accidents<\/a> and traffic accidents in cities like Austin. <\/p>\n\n\n\n- Distracted driving <\/li>
- Reckless driving <\/li>
- The poor condition of the road<\/li>
- The poor state of the weather <\/li>
- Low visibility (due to darkness or fog)<\/li>
- Drunk driving <\/li>
- Driving despite fatigue <\/li>
- Disregard for traffic laws<\/li>
- Untrained truck driver <\/li>
- Speeding <\/li>
- Poor maintenance of the truck <\/li>
- Poorly loaded semi-truck <\/li><\/ul>\n\n\n\n
![\"Crashed](\"https:\/\/bayoucitylaw.com\/wp-content\/uploads\/2022\/01\/img-truck-crash-1024x685.jpeg\")
<\/figure><\/div>\n\n\n\nCommon Truck Accident Injuries <\/strong><\/h2>\n\n\n\nAt times, truck accident injuries can alter a victim\u2019s life forever, for instance, by crippling the victim\u2019s money-earning capabilities. Even if the injury is short-termed, it can nevertheless pile up stacks of medical bills, which can easily take a toll on the victim\u2019s financial stability. Here are some of the common injuries associated with accidents involving trucks.<\/p>\n\n\n\n
- Back injuries <\/li>
- Neck injuries <\/li>
- Spinal cord injuries <\/li>
- Traumatic brain injuries <\/li>
- Head injuries<\/li>
- Burns <\/li>
- Internal injuries <\/li>
- Broken bones <\/li>
- Concussion <\/li>
- Nerve damage <\/li>
- Spine injuries <\/li><\/ul>\n\n\n\n
If you\u2019re lucky, you could get away with concussions, but history and statistics prove that in the majority of cases, truck accident victims don\u2019t find themselves to be lucky. Spinal cord injuries and traumatic brain injuries (TBI) are way too common following a trucking accident, and these injuries can pave the way for hefty medical bills. Not to mention, they can also severely dent your money-earning abilities and cause loss of present and potential future earnings as well. <\/p>\n\n\n\n
If you want to protect yourself from massive financial losses, you need to negotiate the terms with the insurance company deftly. If you\u2019ve been in a trucking accident, now would be the best time to consult an Austin truck accident lawyer. Jerome O. Fjeld, PLLC is a personal injury law firm<\/a> that provides legal advice and representation to truck accident victims and vehicle accidents. Schedule a free consultation with us today to get started. <\/p>\n\n\n\nFederal and State Regulations<\/strong><\/h2>\n\n\n\nSeeing what a huge responsibility driving trucks and semi-trucks is, strict federal laws govern the trucking industry, trucking companies, and commercial truck drivers in the United States. There are also various laws on the state level to be mindful of. The laws have been enshrined in the Federal Motor Carrier Safety Regulations outlined by The Federal Motor Carrier Safety Administration (FMCSA). <\/p>\n\n\n\n
Title 49 in the Code of Federal Regulations tells us all we need to know about the laws and regulations pertaining to the trucking companies and the industry at large. Here is the key highlight of what the trucking regulations say. <\/p>\n\n\n\n
- There is a limit to the hours of service<\/a> of the truck driver. They are expected to maintain a log of their driving time to help them track the hours they\u2019ve driven to stay on the right side of the law. <\/li><\/ul>\n\n\n\n
After a break of 10 consecutive hours, the commercial truck driver can drive a semi-truck or a large truck while hauling property for a maximum period of 11 hours per day. For passenger vehicles, the duty limit for a truck driver is 15 hours, while the break needs to be 8 hours. If a driver has driven the truck for 70 hours in one week, they need to take a break of at least thirty-four hours before resuming the drive again. <\/p>\n\n\n\n
A truck driver is legally mandated to undergo alcohol and drug testing<\/a> in certain cases. The four prime situations where the truck driver must take the test is – <\/p>\n\n\n\n- during pre-employment screening, <\/li>
- if there is a reasonable suspicion on the driver, <\/li>
- random drug testing to catch the drivers unawares, <\/li>
- post-accident screening. <\/li><\/ul>\n\n\n\n
The post-accident screening allows the authorities to conclusively prove that the cause of the accident could have been drunk driving. If an employer has reasons to believe that the driver may have consumed alcohol and drugs before duty, they can make them take the test. <\/p>\n\n\n\n
Apart from this, the Federal Trucking Regulations also cover laws regarding the roadside inspection of the truck and the drivers, trucking terminal audits, compliance reviews, maintenance and repairs of the truck, the qualification of the driver, and truck operations. <\/p>\n\n\n\n
Before you file a truck accident claim or lawsuit, it\u2019s essential to understand the trucking laws of the state. Studying the laws would help you identify the rules and regulations that the driver violated, leading to your trucking injuries. Only experienced truck accident lawyers can navigate such laws and help you build a case. <\/p>\n\n\n\n
If you\u2019ve been involved in a trucking accident, you need to consult an experienced truck accident attorney. Jerome O. Fjeld, PLLC, knows the federal and state trucking laws inside out. Reach out to us today for a free consultation. <\/p>\n\n\n\n
Determining Liability <\/strong><\/h2>\n\n\n\nDetermining liability in an Austin truck accident<\/a> involving various parties is way tricker than fatal accidents from commercial motor vehicles. Several parties could be tied to the accident, including the trucking company, the trucking driver, the manufacturer of the truck, the cargo company, and the other vehicle involved in the collision. <\/p>\n\n\n\nWith these many parties involved, it\u2019s difficult to pinpoint exactly who is to be blamed for the accident. In some cases, it\u2019s easy to find the defaulter. If it were a drunk driver’s case, the liability would fall on the negligent truck drivers and nobody else. However, if distracted driving led to the accident, the trucking company could be partly held responsible for poorly hiring drivers. <\/p>\n\n\n\n
Although, in most cases, the driver\u2019s employer is held responsible for such accidents and not the driver. Another scenario is that it wasn\u2019t the driver\u2019s fault at all. It could be the faulty mechanism of the commercial truck<\/a> that led to the accident. Faulty brakes or steering systems could easily cause accidents and lead to fatal injuries. In such cases, the liability would fall on the truck manufacturer. With the involvement of so many parties, it can indeed be difficult to determine liability. <\/p>\n\n\n\nTo get at the nitty and gritty of the problem, you\u2019d require the assistance of Austin truck accident lawyers. You cannot walk to the insurance company with a half-baked case. You need to determine liability and pinpoint who is liable to pay the compensation before you approach the officials. <\/p>\n\n\n\n
Jerome O. Fjeld, PLLC can use its extensive experience in determining liability even in the most complex of trucking accidents. Through our multiple rounds of discussion, we\u2019ll recreate the accident scene and estimate just who is liable and by what degree. <\/p>\n\n\n\n
![\"Truck](\"https:\/\/bayoucitylaw.com\/wp-content\/uploads\/2022\/01\/truck-on-side-1024x671.jpeg\")
<\/figure><\/div>\n\n\n\nComparative Negligence In Truck Accident Cases<\/strong><\/h2>\n\n\n\nWhile determining negligence and liability in Austin truck accident cases, one of the essential things to consider is the principle of comparative fault. The principle of comparative fault<\/a> is only applied in a handful of American states, with Texas being one of them. Therefore, the percentage of the driver\u2019s fault would be considered while determining liability. <\/p>\n\n\n\nThe judge would begin by determining the degree of fault of every individual or party involved in the accident. The judge would decide based on the evidence that the truck accident attorneys of the plaintiff and the defendant present. This is where an experienced attorney would help you the best. <\/p>\n\n\n\n
Then, you would be awarded the compensation based on how much of the responsibility was placed on the driver, the trucking company, and the truck manufacturers (if they were also involved). <\/p>\n\n\n\n
Several kinds of comparative negligence<\/a> help the decision-maker determine the percentage of negligence in truck accidents. Texas follows the clauses of modified comparative negligence instead of pure comparative negligence. This means, even if you were 50% at fault, you would still receive some compensation. However, if your fault exceeds the 50% marking even by a single percent, you would lose your entitlement to the compensation. <\/p>\n\n\n\nTo know whether you are entitled to any compensation at all, contact Jerome O. Fjeld, PLLC. Based on past trends and our own experience, we would help you estimate the precise compensation you could ask for. <\/p>\n\n\n\n
We would also take it upon ourselves to gather evidence to prove that you were less than 50% at fault and, thus, deserve compensation. Although, our efforts would be directed towards getting you maximum compensation for your injuries.<\/p>\n\n\n\n
Statute Of Limitations<\/strong><\/h2>\n\n\n\n
- Distracted driving <\/li>
- Reckless driving <\/li>
- The poor condition of the road<\/li>
- The poor state of the weather <\/li>
- Low visibility (due to darkness or fog)<\/li>
- Drunk driving <\/li>
- Driving despite fatigue <\/li>
- Disregard for traffic laws<\/li>
- Untrained truck driver <\/li>
- Speeding <\/li>
- Poor maintenance of the truck <\/li>
- Poorly loaded semi-truck <\/li><\/ul>\n\n\n\n<\/figure><\/div>\n\n\n\n
Common Truck Accident Injuries <\/strong><\/h2>\n\n\n\n
At times, truck accident injuries can alter a victim\u2019s life forever, for instance, by crippling the victim\u2019s money-earning capabilities. Even if the injury is short-termed, it can nevertheless pile up stacks of medical bills, which can easily take a toll on the victim\u2019s financial stability. Here are some of the common injuries associated with accidents involving trucks.<\/p>\n\n\n\n
- Back injuries <\/li>
- Neck injuries <\/li>
- Spinal cord injuries <\/li>
- Traumatic brain injuries <\/li>
- Head injuries<\/li>
- Burns <\/li>
- Internal injuries <\/li>
- Broken bones <\/li>
- Concussion <\/li>
- Nerve damage <\/li>
- Spine injuries <\/li><\/ul>\n\n\n\n
If you\u2019re lucky, you could get away with concussions, but history and statistics prove that in the majority of cases, truck accident victims don\u2019t find themselves to be lucky. Spinal cord injuries and traumatic brain injuries (TBI) are way too common following a trucking accident, and these injuries can pave the way for hefty medical bills. Not to mention, they can also severely dent your money-earning abilities and cause loss of present and potential future earnings as well. <\/p>\n\n\n\n
If you want to protect yourself from massive financial losses, you need to negotiate the terms with the insurance company deftly. If you\u2019ve been in a trucking accident, now would be the best time to consult an Austin truck accident lawyer. Jerome O. Fjeld, PLLC is a personal injury law firm<\/a> that provides legal advice and representation to truck accident victims and vehicle accidents. Schedule a free consultation with us today to get started. <\/p>\n\n\n\n
Federal and State Regulations<\/strong><\/h2>\n\n\n\n
Seeing what a huge responsibility driving trucks and semi-trucks is, strict federal laws govern the trucking industry, trucking companies, and commercial truck drivers in the United States. There are also various laws on the state level to be mindful of. The laws have been enshrined in the Federal Motor Carrier Safety Regulations outlined by The Federal Motor Carrier Safety Administration (FMCSA). <\/p>\n\n\n\n
Title 49 in the Code of Federal Regulations tells us all we need to know about the laws and regulations pertaining to the trucking companies and the industry at large. Here is the key highlight of what the trucking regulations say. <\/p>\n\n\n\n
- There is a limit to the hours of service<\/a> of the truck driver. They are expected to maintain a log of their driving time to help them track the hours they\u2019ve driven to stay on the right side of the law. <\/li><\/ul>\n\n\n\n
After a break of 10 consecutive hours, the commercial truck driver can drive a semi-truck or a large truck while hauling property for a maximum period of 11 hours per day. For passenger vehicles, the duty limit for a truck driver is 15 hours, while the break needs to be 8 hours. If a driver has driven the truck for 70 hours in one week, they need to take a break of at least thirty-four hours before resuming the drive again. <\/p>\n\n\n\n
A truck driver is legally mandated to undergo alcohol and drug testing<\/a> in certain cases. The four prime situations where the truck driver must take the test is – <\/p>\n\n\n\n
- during pre-employment screening, <\/li>
- if there is a reasonable suspicion on the driver, <\/li>
- random drug testing to catch the drivers unawares, <\/li>
- post-accident screening. <\/li><\/ul>\n\n\n\n
The post-accident screening allows the authorities to conclusively prove that the cause of the accident could have been drunk driving. If an employer has reasons to believe that the driver may have consumed alcohol and drugs before duty, they can make them take the test. <\/p>\n\n\n\n
Apart from this, the Federal Trucking Regulations also cover laws regarding the roadside inspection of the truck and the drivers, trucking terminal audits, compliance reviews, maintenance and repairs of the truck, the qualification of the driver, and truck operations. <\/p>\n\n\n\n
Before you file a truck accident claim or lawsuit, it\u2019s essential to understand the trucking laws of the state. Studying the laws would help you identify the rules and regulations that the driver violated, leading to your trucking injuries. Only experienced truck accident lawyers can navigate such laws and help you build a case. <\/p>\n\n\n\n
If you\u2019ve been involved in a trucking accident, you need to consult an experienced truck accident attorney. Jerome O. Fjeld, PLLC, knows the federal and state trucking laws inside out. Reach out to us today for a free consultation. <\/p>\n\n\n\n
Determining Liability <\/strong><\/h2>\n\n\n\n
Determining liability in an Austin truck accident<\/a> involving various parties is way tricker than fatal accidents from commercial motor vehicles. Several parties could be tied to the accident, including the trucking company, the trucking driver, the manufacturer of the truck, the cargo company, and the other vehicle involved in the collision. <\/p>\n\n\n\n
With these many parties involved, it\u2019s difficult to pinpoint exactly who is to be blamed for the accident. In some cases, it\u2019s easy to find the defaulter. If it were a drunk driver’s case, the liability would fall on the negligent truck drivers and nobody else. However, if distracted driving led to the accident, the trucking company could be partly held responsible for poorly hiring drivers. <\/p>\n\n\n\n
Although, in most cases, the driver\u2019s employer is held responsible for such accidents and not the driver. Another scenario is that it wasn\u2019t the driver\u2019s fault at all. It could be the faulty mechanism of the commercial truck<\/a> that led to the accident. Faulty brakes or steering systems could easily cause accidents and lead to fatal injuries. In such cases, the liability would fall on the truck manufacturer. With the involvement of so many parties, it can indeed be difficult to determine liability. <\/p>\n\n\n\n
To get at the nitty and gritty of the problem, you\u2019d require the assistance of Austin truck accident lawyers. You cannot walk to the insurance company with a half-baked case. You need to determine liability and pinpoint who is liable to pay the compensation before you approach the officials. <\/p>\n\n\n\n
Jerome O. Fjeld, PLLC can use its extensive experience in determining liability even in the most complex of trucking accidents. Through our multiple rounds of discussion, we\u2019ll recreate the accident scene and estimate just who is liable and by what degree. <\/p>\n\n\n\n
<\/figure><\/div>\n\n\n\nComparative Negligence In Truck Accident Cases<\/strong><\/h2>\n\n\n\n
While determining negligence and liability in Austin truck accident cases, one of the essential things to consider is the principle of comparative fault. The principle of comparative fault<\/a> is only applied in a handful of American states, with Texas being one of them. Therefore, the percentage of the driver\u2019s fault would be considered while determining liability. <\/p>\n\n\n\n
The judge would begin by determining the degree of fault of every individual or party involved in the accident. The judge would decide based on the evidence that the truck accident attorneys of the plaintiff and the defendant present. This is where an experienced attorney would help you the best. <\/p>\n\n\n\n
Then, you would be awarded the compensation based on how much of the responsibility was placed on the driver, the trucking company, and the truck manufacturers (if they were also involved). <\/p>\n\n\n\n
Several kinds of comparative negligence<\/a> help the decision-maker determine the percentage of negligence in truck accidents. Texas follows the clauses of modified comparative negligence instead of pure comparative negligence. This means, even if you were 50% at fault, you would still receive some compensation. However, if your fault exceeds the 50% marking even by a single percent, you would lose your entitlement to the compensation. <\/p>\n\n\n\n
To know whether you are entitled to any compensation at all, contact Jerome O. Fjeld, PLLC. Based on past trends and our own experience, we would help you estimate the precise compensation you could ask for. <\/p>\n\n\n\n
We would also take it upon ourselves to gather evidence to prove that you were less than 50% at fault and, thus, deserve compensation. Although, our efforts would be directed towards getting you maximum compensation for your injuries.<\/p>\n\n\n\n
Statute Of Limitations<\/strong><\/h2>\n\n\n\n
- There is a limit to the hours of service<\/a> of the truck driver. They are expected to maintain a log of their driving time to help them track the hours they\u2019ve driven to stay on the right side of the law. <\/li><\/ul>\n\n\n\n