How To Determine Fault In A Semi-Trailer Truck Collision?

Texas is home to the highest number of fatal semi-trailer truck collisions in the United States. With long stretches of highways, heavy commercial traffic, and large industrial activity, the state sees thousands of these accidents every year. Understanding the causes, legal implications, and steps victims should take is crucial to protecting your rights. This article will help you determine whether you should handle a personal injury case yourself or hire a professional Baton Rouge gas truck accident lawyer to represent you.

What is a Truck in Texas?

In Texas, a truck is defined as any vehicle used to transport goods or property. This definition is important because it dictates which laws apply to drivers and trucking companies. According to the Texas Size/Weight Limits, a semi-trailer or combination of vehicles can have a length between 59 to 65 feet. Trucks are subject to specific regulations based on their type, weight, and cargo. Examples of vehicles classified as trucks include:

• Semi-trailer trucks

• Tractor-trailers

• 18-wheelers

• Box trucks

• Delivery trucks

• Dump trucks

• Oil & gas trucks

• Refrigerated trucks

• Tow trucks

It is important to note that this is not an exhaustive list. Any vehicle used to transport goods commercially may be classified as a truck under Texas law, and special regulations will apply.

Semi-Trailer Truck Collision

Texas is home to the highest number of fatal semi-trailer truck collisions in comparison to any other state within the country. This article will help you decide whether you should file a personal injury case yourself or get a Baton Rouge gas truck accident lawyer to file your personal injury case.

The article contains important information related to Texas semi-trailer truck collisions. But before we get into the details of how to determine fault in a semi-trailer truck collision. Let’s look at some Texas definitions and statistics. 

What is the Definition of “Truck” in Texas?

A “truck” in Texas is defined as any vehicle that is used to transport goods or property. According to the Texas Size/Weight Limits, a semi-trailer or two-vehicle combination can have a length anywhere between 59 feet to 65 feet. There are specific laws that apply to different kinds of trucks. The following are examples of some vehicles that can be defined as a truck in Texas.

• Semi-trailer truck
• Tractor-trailer
• 18-Wheeler
• Box truck
• Delivery truck
• Dump truck
• Oil & Gas Truck
• Refrigerated truck
• Tow Truck

It is important to remember that this is not a comprehensive list of trucks in Texas. 

Texas Semi-Trailer Truck Collision Statistics 2020

According to the Texas Department of Transportation, there were a total of 22,214 semi-trailer truck collisions in Texas in the year 2020 alone. This number translates to a little more than 60 semi-trailer truck collisions each day if we consider there are 365 days in a year. In 2020, almost 3,735 accidents involved a commercial motor vehicle in Dallas alone.

Dallas is the third highest populated county in Texas after Houston and San Antonio but still the most dangerous for commercial motor vehicle accidents. 

Common Causes of Semi-Trailer Truck Collisions

Several factors contribute to semi-trailer truck collisions in Texas:

1. Driver Fatigue: Truck drivers often work long hours, sometimes exceeding federal driving limits, leading to fatigue-related accidents.

2. Distracted Driving: Phones, GPS devices, or in-cab distractions can result in fatal collisions.

3. Speeding and Reckless Driving: Large trucks require significant stopping distances, making speeding particularly dangerous.

4. Poor Vehicle Maintenance: Brake failure, tire blowouts, or engine problems can lead to severe accidents.

5. Weather Conditions: Rain, fog, and ice can significantly increase the risk of a collision for heavy trucks.

Understanding the cause of a collision is essential for determining liability and seeking proper compensation.

Consequences for Victims of a Semi-Trailer Truck Collision

A collision involving a semi-trailer truck, big rig, or 18-wheeler can have devastating consequences for victims. Due to the size and weight of these vehicles, even a low-speed impact can result in severe injuries, including:

• Traumatic brain injuries (TBI)

• Spinal cord injuries and paralysis

• Broken bones or amputations

• Internal organ damage

• Long-term chronic pain

Victims often face significant medical expenses, lost wages, and emotional trauma. Because trucking companies typically have large legal teams and insurance policies, victims require proper legal representation to secure fair compensation.

A tractor-trailer, big rig, or semi-trailer truck collision can have serious health consequences for the victim. The size, build, and weight of a semi-trailer truck can be very dangerous in the case of a collision even if all of the other driving conditions are perfect. A victim can become physically paralyzed after a semi-trailer truck collision leaving them unable to perform their job.

The victim will need proper legal representation in a court of law to receive compensation for their physical injuries because the semi-trailer truck drivers will have large organizations to represent them. 

Steps to Take After a Semi-Trailer Truck Collision

Victims of a collision should take immediate and careful steps to protect their rights:

1. Seek Medical Attention: Even if injuries seem minor, a full medical evaluation is crucial.

2. Document the Scene: Take photos, gather witness statements, and collect information about the truck driver and company.

3. Report the Accident: File a report with local law enforcement and ensure it is officially documented.

4. Consult a Lawyer: Experienced truck accident lawyers can assess liability, gather evidence, and negotiate with insurance companies.

5. Avoid Direct Settlement Offers: Insurance companies may offer a quick settlement that is significantly lower than what is fair.

Respondeat Superior to Determine Fault in a Semi-Trailer Truck Collision

“Respondeat superior” is a Latin phrase that translates to “let the master answer”. In a court of law. This means that the employer is responsible for the duties of the employee when the employee is on duty. According to this reasoning. The trucking company is responsible for the actions of the truck driver when the truck driver is on duty.

The only time when respondeat superior might not apply is if the driver intentionally caused. The full knowledge of the consequences taking matters into their own hands. 

Respondeat superior will also not apply if the truck driver is an independent contractor working in coordination with the trucking company. The truck driver will be directly responsible for the semi-trailer truck collision if the driver caused the accident while off duty. It is always recommended to seek professional legal advice before making any assumptions about liability.

Why Legal Representation is Essential

Truck accidents involve large vehicles, corporate legal teams, and complex federal and state regulations. Hiring an experienced Baton Rouge gas truck accident lawyer or Texas personal injury attorney ensures:

• Proper evaluation of liability and damages

• Expertise in federal trucking regulations

• Negotiation with insurance companies to secure fair compensation

• Representation in civil court, if necessary

Without professional guidance, victims risk receiving inadequate compensation or facing lengthy legal battles alone.

Conclusion

Semi-trailer truck collisions in Texas are a serious concern, with thousands occurring each year and leaving victims with life-altering injuries. Understanding truck definitions, common causes, and legal concepts like respondeat superior is essential for anyone involved in such accidents.

Victims must take immediate action by seeking medical care, documenting the accident, and consulting an experienced truck accident lawyer. With proper legal representation, victims can pursue compensation for medical bills, lost wages, and pain and suffering.