Recently, the driver of an 18-wheeler was killed when he lost control of his vehicle, causing it to fall off the upper level of I-10 West near Laredo Street. The vehicle cut across lanes of traffic, hit the retaining wall, and fell over onto the street below. Truck accidents like this are somewhat rare, but while the unfortunate driver was pronounced dead at the scene, there were apparently no other injuries sustained. If you are not as lucky, you may at least be able to seek compensation for the injuries you have suffered in such an accident.
Trucking Accidents Are Deadly
Because of the cargo weight and size of 18-wheelers, accidents where they are involved are much more likely to be dangerous or even deadly than those involving smaller automobiles. Data from 2017 estimates that there were approximately 4,200 fatal crashes involving large trucks (only 1 percent of the police-reported total), but there were approximately 56,000 trucks involved in injury crashes, which is a higher proportion of vehicles on the road compared to the number of cars involved in accidents.
Other factors in trucking accidents are very, very common on Texas roads – for example, the Federal Motor Carrier Safety Administration (FMCSA) found that almost 60 percent of all trucking accidents occur on rural roads, and nearly 30 percent occurred on interstate highways, of which Texas has the most mileage in the United States. Rural roads lend themselves to both speeding and a phenomenon called ‘highway hypnosis’, both of which can play major roles in auto accidents.
Seek Out All Potential Defendants
If you have been unfortunate enough to be injured in a trucking accident, you should be aware that you may have a claim for compensation against both the trucker and their employer. Texas observes a doctrine called vicarious liability or respondeat superior, which holds that an employer can be held liable for the negligence of their employees – the rationale is that the employer ought to have foreseen the potential for their employee to act in such a way.
This is crucial for many plaintiffs because very often, a negligent trucker will be judgment proof (that is, their insurance or assets will not be enough to cover a judgment against them). An employer like a trucking company, however, will very often have the ability to pay out an award granted to a plaintiff by a jury – but only if they have been named as a defendant in your case. If you can show that the trucker was acting within the scope of their employment when they allegedly caused your accident, you have a chance to recover from both employer and employee.
Contact a New Braunfels Trucking Accident Attorney Today
While luckily, only the driver was injured in the I-10 W accident, the next accident may be even more dangerous. If you have been hurt by the negligence of a big rig driver, calling a skilled New Braunfels truck accident lawyer is a good first step toward seeking compensation. The Bettersworth Law Firm is happy to try and assist you in what is often a difficult and frightening time. Call us today at 888-392-0039 to schedule a free consultation.