McAllen Truck Accident Lawyers

A traumatic brain injury — or TBI — occurs when an individual sustains great force to the head during an accident, causing the brain to rapidly move back and forth inside the skull. Most victims of a TBI lose consciousness, at least briefly. However, even if you do not lose consciousness, you may still have a traumatic brain injury. Immediately after the injury, victims can suffer severe disorientation, headaches, and nausea, but symptoms can sometimes take several hours or days to manifest. Victims may have to deal with memory difficulties, ranging from holes in long-term memory to short-term memory issues that make it difficult for them to remember the location of a specific object or how to complete an everyday task. Individuals may also struggle to regulate emotions, causing them to overreact to a minor situation or respond inappropriately.

The symptoms of a TBI can sometimes fade over time. However, even victims of a mild or moderate TBI can experience symptoms for the rest of their lives. This can make it impossible for accident victims to return to work because they cannot concentrate or perform their job responsibilities. In severe cases, individuals may need ongoing and constant care, resulting in loss of independence.

After an accident, victims may experience damage to the spinal cord. Even when a victim’s spinal cord does not sever completely — known as an incomplete spinal cord injury — they can experience decreased function and sensation below the injury site. When the spinal cord severs completely (a complete spinal cord injury), the victim can experience a complete lack of mobility or function. The extent of these physical limitations depends on where the spinal cord injury occurred.

Spinal cord injuries often lead to extensive and ongoing medical expenses, and they can also severely limit the everyday physical capacity of the victim. Many victims with spinal cord injury find it impossible to do specific jobs, such as construction or factory work, which can limit their ability to earn income.

Victims may also need to modify their homes and vehicles to enable independence and make it possible for them to handle many of the tasks they were able to before sustaining their injuries. Unfortunately, spinal cord injuries, especially complete spinal cord injuries, can cause lifelong limitations. If you’ve suffered a spinal cord injury in a truck accident, our spinal cord injury lawyers in McAllen can help you claim compensation.

Explosions and fires often cause severe burns, but when a commercial truck hauling chemicals turns over, it can result in chemical burns. Either type of burn can cause excruciating pain, and they also have one of the highest rates of complication when it comes to auto accident injuries. The skin provides a crucial layer of protection, keeping bacteria from getting into the body and causing infections. As a burn removes that layer of protection, it can significantly increase the odds of infection. Many victims may need more than one skin graft, which can complicate the recovery process if they fail.

The extreme pain suffered by many burn victims can make it incredibly difficult for them to return to their jobs following their accidents. Even once the burns heal, some burn victims may suffer ongoing pain due to stretched or tight skin or have mobility difficulties — especially around the joints. Burn victims may also suffer emotional trauma related to changes in their appearance.

While plastic surgery can help restore damage caused by burns, it may not return the victim’s appearance to how it was before the accident, which can cause ongoing trauma. Psychological therapy may help victims learn to cope with those changes.

The force associated with a truck accident can cause immediate limb amputation. Sometimes, damage can cause enough injury to the impacted limb that doctors and their patients decide that amputation is necessary to ensure a complete recovery. In other cases, the victim may require amputation due to restricted blood flow, which causes the tissue to die.

Victims who have experienced an amputation may need extensive occupational therapy to learn how to cope with the missing limb. While some victims choose to use prosthetic devices to improve mobility and function after the accident, others may not have the ability to use a prosthetic.

Those who use prosthetics may have to replace them regularly — often within the first five years of the accident — since the shape of the remaining limb can substantially change over time. They may then need to replace their prosthetics every three to five years to keep them functioning correctly.

In most commercial truck accidents, the driver is legally responsible for causing the accident due to their negligent or reckless behavior.

However, truckers often act within the scope of their employment — although an employer may dispute this — when distributing goods, other parties and entities may share liability for the accident. These include:

• The transportation company: If a trucker operates under an employer’s instructions and causes an accident, their employer may be legally responsible for the truck driver’s actions. An employer will be responsible if they knew — or should have known — that their trucker had a bad driving history or if they failed to take steps to ensure their employees comply with federal industry regulations.
• The truck owner: If a trucker drives a vehicle owned by a third-party entity rather than their employer, and they are in a commercial truck accident, the truck owner may share liability. This depends on the terms of the leasing contract or any other agreements that may be in place. If a mechanical defect or inadequate maintenance caused the accident, the truck owner may still be liable.

• Maintenance or repair contractors: If improper maintenance or repairs contributed to an accident, the contractor might share responsibility.

• The truck manufacturer: If a vehicle defect leads to a McAllen truck accident, the manufacturer of the truck or part may be liable.

Shipping or loading contractors: Shippers and loaders can be held liable for a commercial truck accident if they load a truck improperly, and this causes the accident. Improper loading often results in jackknifing or overturn accidents.

Accidents involving commercial trucks can become extremely complex if they involve multiple potentially liable parties — and they often do. This makes it vital to consult a truck accident attorney in McAllen as soon as possible. Experienced truck accident attorneys regularly fight for the rights of injured victims to seek the compensation they are entitled to.

Our commercial truck accident lawyers can determine whether you have a claim, gather evidence, arrange medical treatment, and negotiate with the insurance companies of the at-fault parties to ensure you get the compensation you deserve. You can find out if we’re right for you at Patino Law Firm with a free, no-obligation case review. If you have a claim and wish to proceed, you won’t pay a cent until we win your case.

Commercial truck drivers must obtain the correct licenses, attend formal classes, and meet stringent and extensive criteria to drive large trucks designed to transport goods. But despite these comprehensive requirements, accidents are not always preventable.

The common causes of truck accidents aren’t all that different from non-commercial crashes. Truckers aren’t immune from distraction, fatigue, or impairment, but when a commercial truck is involved, the outcome can be particularly devastating:

Truckers typically cause accidents due to:

• Alcohol impairment: Truckers and their employers must comply with the Federal Transportation Controlled Substance and Alcohol Use Testing standards. This statute requires employers to administer regular alcohol tests — often without notice to the driver — and recognize whether drivers are exhibiting behaviors associated with alcohol abuse. If they spot these signs, they must manage their employees accordingly. It’s perhaps because of these rigorous standards that truckers cause fewer driving under the influence (DUI) accidents than non-commercial drivers. Of commercial drivers involved in fatal accidents, only 3% had a BAC of 0.08 or greater, compared to 21% of private passenger vehicle drivers. The trucker DUI rate is low, but it must be said that any incident of impaired driving among truckers operating heavy, technically complicated machinery is extremely dangerous. Studies have found that alcohol affects functional and cognitive behavior long before a driver reaches the legal limit, so truckers who operate commercial vehicles after consuming any amount of alcohol may contribute to causing an accident.
• Drug use: Of course, illicit drug use can contribute to causing motor vehicle accidents, and studies suggest that stimulant use is not uncommon among drivers under pressure to work long hours and meet tight delivery deadlines. But illicit drugs are not the only problem. Many over-the-counter and prescription medications can interfere with drivers’ ability to maneuver and maintain control of their vehicles safely. Whether a drug is legal or illegal, if it causes cognitive impairment, it becomes problematic for drivers of large commercial vehicles. Although sometimes difficult to detect, various drugs can alter a driver’s mental and physical state, increasing the chances of an accident. Unfortunately, law enforcement authorities don’t have the tools, technology, or testing standards to determine drug impairment’s role when a trucker causes an accident.
• Cargo securement: Truck accidents can occur when a trucker, loader, or shipper fails to follow federal cargo securement rules. An improperly secured load may shift when a trucker changes lanes or makes a tight turn or curve, leading to jackknife or overturn accidents. Improperly secured cargo may also come loose and scatter across the roadway, causing multi-vehicle crashes and pile-ups if motorists crash into the strewn cargo or swerve to avoid it.
• Speeding: The National Highway Transportation Safety Administration (NHTSA) reports that speeding is a common contributing factor in most motor vehicle accidents. In 2020, speed-related vehicle accidents contributed to 11,258 traffic deaths nationwide. The U.S. Department of Transportation’s report shows that high-speed driving isn’t necessarily a problem for large trucks, with more than one-third of truck accidents occurring between 50 and 55 miles per hour. However, speed is a problem when truckers drive too fast for environmental, pavement, or weather conditions. According to a long-stopping distances guide published by the Federal Motor Carriers Safety Administration (FMCSA), a loaded tractor-trailer traveling at 65 miles per hour requires a distance of two football fields to stop safely. This can become problematic — and incredibly dangerous — when truckers encounter unexpected roadway hazards or emergencies.
• Distracted driving: When you multitask, you’re not really multitasking. Instead, your brain rapidly flits between one task and the other, and the result is not being particularly effective at either of them. The outcome can be deadly when a driver does this on the road. Distracted driving can comprise a range of behaviors, from eating food while driving to changing the radio station in your car. But more dangerous than any of these is driving while texting, which often leads to drivers completely taking their eyes off the road. In 2010, the FMCSA issued texting and mobile phone restrictions for commercial truck drivers, prohibiting texting and using handheld devices while driving.
• Drowsy driving: Driver fatigue is a serious issue. The FMCSA’s Hours of Service guidelines are designed to prevent truckers from driving for more than 11 hours after a 10-hour break. However, drivers may avoid compliance if they are pressured by their employers to meet deadlines or be more efficient. On top of this, health conditions, lack of sleep, medication, and sleep apnea can all contribute to drowsy driving.

The NHTSA tracks and analyzes data from truck accidents across the country. The statistics provide location data and time information for fatal accidents as reported by law enforcement agencies.

The location and timing of truck accidents remain consistent and are as follows:

• 26% occurred on interstate highways.
• 57% occurred in rural areas.
• 43% occurred in urban areas.
• 5% occurred in work zones.
• 75% occurred during the week.
• 71% occurred during daylight hours.

Commercial trucks, semi-trucks, 18-wheels, dump trucks, and tanker trucks are fast, large, and heavy. When speed combines with weight, it generates a forceful impact that can cause significant — even fatal — damage. According to the NHTSA, 80% of trucks involved in fatal crashes weighed 26 thousand pounds or more.

Compare this to the average private passenger vehicle — which weighs around four thousand pounds — and the destruction a commercial truck is capable of causing when it collides with a smaller and lighter vehicle is vividly apparent.

Due to the significant weight difference, reinforced passenger compartments, airbags, and safety belts do little to protect passengers. A 26-thousand-pound vehicle can easily destroy a small car and cause severe injury to passengers, even at low speeds. Large truck accidents frequently cause life-threatening or fatal injuries. Survivors must manage life-altering limitations, permanent disabilities, high medical bills, and lost income.

A side underride accident occurs when a small vehicle changes lanes and ends up underneath a semi-truck trailer. The trailer’s bottom sits high above the road surface, so a car can easily roll beneath it during a sideswipe incident. In this type of accident, the trailer sometimes crushes or penetrates the vehicle compartment. Underride accidents commonly cause severe and fatal injuries to vehicle occupants.

An override accident occurs when a vehicle collides with a large truck’s front end, or the truck strikes a vehicle in the rear. The truck’s height allows it to ride over the smaller vehicle’s front or rear, often causing serious damage and injuries. Trucking companies can prevent underride and override accidents by installing the appropriate underride guards.

According to national and regional accident statistics, truckers are among the safest drivers on the road. Truck accident statistics from the NHTSA show that trucks played a part in just 658 of the recorded 5,222 motor vehicle accident fatalities.

However, truck accidents remain problematic for several reasons:

• A truck accident can involve multiple vehicles, such as if cargo comes loose and blocks the roadway, causing a pile-up.
• Commercial trucks are heavier, increasing the severity of the damage.
• The occupants of private passenger vehicles involved in a truck accident often sustain severe or catastrophic injuries — in 2018, 71% of fatalities were to occupants of vehicles other than the truck driver.
• The victim count is often higher when a truck is involved in a crash.

The National Highway Transportation Safety Administration defines trucks based on their gross vehicle weight rating (GVWR). A large truck has a GVWR of 10 thousand pounds or more, which represents the lower side of the weight range. The Texas Department of Motor Vehicles’ Permissible Weight Guidelines states that fully loaded trucks should not weigh more than 80 thousand pounds. Trucks on the higher end of the weight range must also meet specifications related to the vehicle’s length and the number of axles. The state’s guidelines comply with federal regulations for the commercial trucking industry.

Many drivers associate large trucks with tractor-trailers and cargo trucks intended for long-distance distribution.

Trucks are assigned a vehicle class and weight to determine whether they are large trucks or large heavy trucks. These vehicle classes are as follows:

• Class three trucks, 10,001 to 14,000 pounds: City delivery vans and walk-in vans.
• Class four trucks, 14,001 to 16,000 pounds: Commercial vans and landscape utility trucks.
• Class five trucks, 16,001 to 19,500 pounds: Bucket utility trucks and large delivery vans.
• Class six trucks, 19,501 to 26,000 pounds: Stake body trucks, beverage vans, and single-axle vans.
• Class seven trucks, 26,001 to 33,000 pounds: Garbage trucks, large tow trucks, furniture trucks, and home fuel vehicles.
• Class eight trucks, over 33,001 pounds: Cement mixers, dump trucks, and fire trucks.

Because everyday drivers commonly spot commercial trucks, individuals may become comfortable sharing the roadways with them. Garbage trucks often drive slowly and carefully as they navigate local roads. Dump trucks drive cautiously when they’re loaded with gravel or construction materials. However, passenger car drivers should remain aware of the dangers of a commercial truck collision. Garbage and dump trucks frequently overturn due to weight distribution issues, and even minimal acceleration can increase their capacity to cause harm.

Several agencies document, track and analyze commercial truck accident data.

The Texas Department of Transportation’s commercial vehicle Crash Data Analysis and the NHTSA’s Traffic Safety Facts provide the following insights from their truck accident data:

• In Texas, 39,193 commercial motor vehicle crashes occurred in 2019.
• Of the 3,610 accident fatalities in the state, 613 involved a commercial vehicle.
• In the McAllen area, 568 commercial vehicle crashes occurred, causing 354 confirmed or suspected injuries and two fatalities.
• Texas has more large truck-involved fatal accidents (658) than any other state.
• More truck drivers (137) in Texas sustained crash-related fatal injuries than in any other state.