At Braker White, we understand the devastating impact a truck accident can have on your life. Our team is committed to providing compassionate legal assistance, backed by over 60 years of combined experience in handling truck accident claims in the Permian Basin. We offer personalized and effective legal strategies, ensuring that every client feels valued and supported throughout their legal journey.
Injured in a Truck Accident in Midland?
If you’ve been injured in a truck accident, securing the right legal representation can make all the difference. Braker White’s Midland truck accident attorneys have recovered millions for our clients injured in accidents involving big trucks, and we are equipped to handle your case, too. Contact us today for a free case review – you don’t pay anything unless we secure compensation for you.
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Getting legal help is easy and fast. You don’t even need to get up off the couch. Call us at 432-653-4184 and we’ll start reviewing your case for free right away.
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If you’ve been seriously hurt due to a negligent truck driver or trucking company, you deserve the compensation you need to get well again. Braker White will fight for your rights.
You Don't Pay If We Don't Win
Braker White works on a contingency fee basis. This means there’s no upfront fees, and you won’t owe anything if we don’t secure compensation for you.
Table of Contents
- How Dangerous Are Big Truck Accidents in Texas?
- Common Injuries Caused by Truck Accidents
- What Will Compensation Cover?
- Steps To Take After Being in a Truck Accident in Midland
- How Does Texas’ Modified Comparative Negligence Affect My Truck Accident Case?
- What Regulations Apply to Midland, TX, Truck Drivers?
- Frequently Asked Questions
- Related Articles & Info
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How Dangerous Are Big Truck Accidents in Texas?
Texas highways see a significant number of big truck accidents annually, often resulting in severe injuries and fatalities. In fact, according to the latest data from 2020, Texas leads the nation in fatal truck accidents, accounting for over 13% of all fatal trucking accidents in the United States. In that year alone, there were 513 fatal commercial vehicle accidents.
These accidents are particularly dangerous due to the sheer size and weight of commercial trucks, which can cause substantial damage even in minor collisions. Factors like longer stopping distances, blind spots, and the potential for hazardous cargo make truck accidents more perilous than other motor vehicle accidents.
Did You Suffer Serious Injuries in a Truck Accident?
Don’t wait! Contact Braker White today to take steps towards the justice and compensation you’re owed.
Common Injuries Caused by Truck Accidents
Truck accidents, due to their high impact forces, can lead to a wide variety of severe and often life-altering injuries. These injuries not only demand immediate medical attention but also can have enduring effects on the victims’ lives. Here are some of the common injuries sustained in truck accidents:
- Traumatic Brain Injuries (TBIs): TBIs are among the most serious consequences of truck accidents. They can range from mild concussions to severe brain damage. Symptoms can include headaches, confusion, memory loss, and in severe cases, long-term cognitive impairment or coma. TBIs often require extensive rehabilitation and can lead to permanent disability. Contact Braker White today if you’re in need of a traumatic brain injury lawyer in Midland.
- Spinal Cord Injuries: Spinal injuries can result in partial or complete paralysis, depending on how severely the spinal cord is damaged. These injuries can lead to loss of sensation and motor function, requiring long-term care, including physical therapy, occupational therapy, and potentially permanent use of mobility aids like wheelchairs.
- Broken Bones: The force exerted in a truck accident can easily break bones. Fractures can occur in any part of the body but are particularly common in the arms, legs, ribs, and pelvis. Some fractures may be so severe that they require surgical intervention and prolonged physical therapy.
- Internal Injuries: Internal organs can be damaged from the blunt trauma of a truck accident. These injuries, such as internal bleeding, organ rupture, or punctured lungs, are particularly dangerous because they may not be immediately apparent yet can be life-threatening if not treated promptly.
- Lacerations and Abrasions: Sharp debris and the force of impact can cause deep cuts and scrapes. These injuries can lead to significant blood loss and, in some cases, may leave permanent scarring or disfigurement.
- Neck and Back Injuries: Whiplash, herniated discs, and other back and neck injuries are common in truck accidents. These injuries can cause chronic pain and may require ongoing treatment, including chiropractic care, physical therapy, and, in some cases, surgery.
- Burns: In accidents involving fires or explosions, victims may suffer from burns. These can range from first-degree burns (affecting only the outer layer of skin) to third-degree burns (affecting deeper tissues). Severe burns might necessitate skin grafting and can lead to scarring and infection risks.
- Amputations: In extreme cases, limbs or digits may be severely injured or crushed in the accident, leading to surgical amputation. This results in permanent disability and can significantly impact a victim’s quality of life.
Each of these injuries can have a profound impact on the victim’s life, often requiring extensive medical treatment, rehabilitation, and long-term care. The physical, emotional, and financial toll of these injuries underscores the importance of seeking adequate compensation and legal representation following a truck accident.
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What Will Compensation Cover?
Victims of truck accidents in Midland can pursue compensation for their damages. This compensation is designed to cover both tangible and intangible losses resulting from the accident.
Economic damages in truck accident cases refer to the tangible, financial losses a victim incurs.
Common Economic Damages Include:
- Medical expenses: Covers a broad spectrum of costs from initial emergency care, hospital stays, surgeries, and medications to ongoing treatments like physical therapy, rehabilitation, and potentially long-term or in-home care.
- Lost wages: Replaces lost income due to being unable to work during the recovery period. In cases of severe injury, where you may have lost future earning potential due to an inability to return to work, or a diminished capacity to earn at the same level as before the crash, those damages may also be compensated.
- Property damage: Most often covers expenses related to vehicle repair or replacement, but can also cover damages to any other personal property.
Non-economic damages in truck accident claims address the less tangible but equally significant impacts of the accident. This includes compensation for the physical pain and discomfort the victim endures, both in the immediate aftermath of the accident and potentially over a long-term period.
Common Non-Economic Damages Include:
- Pain and suffering: Compensation for the physical discomfort and emotional distress (including anxiety, depression, and PTSD) endured as a result of the injuries. This can include both the immediate pain and longer-term mental and emotional effects.
- Loss of enjoyment of life: Compensation for a diminished quality of life due to the accident, including the inability to participate in previously enjoyed activities or hobbies.
- Loss of consortium: Compensation for the victim’s spouse or family, whose personal relationships with the victim may have been impacted (loss of companionship, affection, overall familial support, etc.)
These damages, although more challenging to quantify, are an important part of acknowledging the full scope of the victim’s suffering and the profound changes to their life following a truck accident.
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Steps To Take After Being in a Truck Accident in Midland, TX
Being involved in a truck accident can be a life-changing experience, and the steps you take immediately following the incident can have a substantial effect on your personal injury claim. Understanding the legal process and what to do next is key to building a strong case.
- Seek Medical Attention: Get a medical evaluation even for minor injuries, as some may not show immediate symptoms but have serious long-term effects. This also provides an official record of your injuries, which will be important evidence for your case and help calculate fair compensation for the full extent of your injuries and damages.
- Collect Evidence Immediately After the Accident: Take photographs of the scene, vehicles involved, and any injuries. Obtain contact information of witnesses. File an official police report. All of this will all help establish facts and determine liability.
- Identify All Liable Parties: Consider all potential responsible entities, including the truck driver, trucking company, cargo loaders, and vehicle manufacturer, as each might have contributed to the accident.
- Consult a Truck Accident Lawyer: An attorney can help identify liable parties, collect evidence, establish an estimate for fair compensation, negotiate with insurance companies, guide you through the claim-filing process, handle documentation, and represent you in court, if needed.
Do You Need Representation After a Truck Accident?
If you’ve been hurt by a careless truck driver, contact Braker White today for a free case review.
How Does Texas’ Modified Comparative Negligence Law Affect My Truck Accident Case?
In Texas, the rule of modified comparative negligence dictates that a victim can recover damages in an accident as long as they are not more than 50% responsible for the incident.
This means that if you are involved in a truck accident and found to be partially at fault, you can still seek compensation. However, the amount of compensation you can recover will be reduced by the percentage of fault attributed to you.
For example, if you are involved in a truck accident and it’s determined that you were 20% responsible for the incident (perhaps due to partial speeding or a minor traffic violation), and your total damages amount to $100,000, you will be eligible to recover only 80% of this amount, which is $80,000. The key here is that your percentage of fault directly affects the total compensation you can claim.
This system aims to allocate responsibility and damages in a manner that is proportionate to each party’s level of fault. It ensures that if a victim contributed to their own injuries, their compensation is adjusted accordingly, rather than barring them from recovery altogether.
Understanding and proving fault in a truck accident can be complex, involving thorough investigation and often the testimony of accident reconstruction experts. This is where our Midland personal injury lawyers can help you. Our skilled lawyers can help estimate and demonstrate the degree of fault, negotiate with insurance companies, and ensure that your liability is not overstated.
Our Truck Accident Lawyers in Midland Can Help You Seek Justice After an Accident
Our legal team at Braker White is proud to represent those injured by truck accidents in Midland. We bring over 60 years of guidance and strong representation to the table. We are committed to helping you resolve your case through the legal system, from gathering evidence to negotiating with insurance companies, ensuring you receive the compensation you deserve.
What Regulations Apply to Midland, TX, Truck Drivers?
In Midland, Texas, truck drivers are subject to a strict set of regulations designed to ensure safety on the roads. These regulations, which include both federal and state laws, play a critical role in truck accident cases. Violations of these rules can significantly impact liability and the amount of compensation victims may receive.
- Established by the Federal Motor Carrier Safety Administration (FMCSA)
- Set limits on daily and weekly driving hours
- Include mandatory rest periods
- Require use of logbooks or electronic logging devices to track hours
- Regular vehicle inspections and maintenance are mandatory.
- Checks include brakes, tires, lights, and other critical systems.
- Poor maintenance leading to malfunctions can result in accidents.
- Liability may extend to both the driver and the trucking company.
- Truck drivers and companies must have insurance that meets or exceeds legal minimums (insurance requirement details below).
- The level of insurance impacts the available compensation in accident cases.
- Insufficient coverage can complicate compensation claims.
- Encompass vehicle weight limits and hazardous materials transport
- Specific training requirements for drivers
- Governed by both federal and state laws
In truck accident cases, establishing whether these regulations were followed or violated is a critical component of the legal process. It requires thorough investigation and often professional insight to interpret logbooks, maintenance records, and accident reports. Our experienced truck accident attorneys have the resources and knowledge to scrutinize these details, potentially uncovering regulatory violations that strengthen your case.
Trucking Insurance Requirements
Commercial trucks in Texas are required to have higher insurance coverage due to their potential to cause significant harm.
| Weight & Cargo Type | Texas State Law Minimum Liability Insurance Requirement | Federal Law Minimum Liability Insurance Requirement |
|---|---|---|
| Under 26,000 lbs (in Texas) | $300,000 | None |
| Under 26,000 lbs (interstate) | None | $750,000 |
| Over 26,000 lbs | $500,000 | $500,000 |
| Carrying Hazardous Material | $5,000,000 | $5,000,000 |
| Carrying Oil | $1,000,000 | $1,000,000 |
**Liability insurance requirements for independent contractor truck drivers may vary.
Insurance companies play a big role in truck accident cases, and dealing with them can be challenging without legal representation. They may attempt to minimize payouts, making it essential to have an experienced attorney to advocate for your rights.
Frequently Asked Questions
Our truck accident attorneys work on a contingency fee basis, which means you don’t have to pay us anything unless we secure compensation for you.
There are several important factors to determine whether or not you have a valid truck accident injury claim. The only way to determine the validity of your unique claim is for a truck accident attorney to review your case. At Braker White, we offer free case evaluations to help determine if you have a valid claim or not.
The statute of limitations for filing a truck accident injury claim in Texas is typically 2 years from the date of the accident. Some factors like reasonably delayed discovery of an injury, mental incapacitation, the victim being a minor, the truck accident causing a wrongful death, or a claim against a government entity may change how long you have to file a claim. Consult with one of our personal injury lawyers to determine if any of the factors in your case affect the statute of limitations.
The majority of cases are settled outside of court, however there is a chance your case will go to trial. This happens when a settlement cannot be reached outside of court, for whatever reason. It’s typically in the best interest of all parties to settle outside of court, as this extends the legal process, is more expensive, and usually represents an all-or-nothing option.
Braker White Is On Your Side
At Braker White, we stand with victims of truck accidents in Midland. Our team is dedicated to providing the support and legal representation needed to resolve your truck accident claim. We are committed to fighting for your rights and ensuring you receive the maximum compensation possible for your injuries and losses.
Related Articles & Info
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- What Is the Average Settlement for an 18-Wheeler Accident?
- Who is Held Liable After a Semi-Truck Accident?
- How Fault is Determined in a Semi-Truck Accident
- Common Causes of Truck Accidents
- What Happens After a Truck Accident on Restricted Road?
- What Information Do Investigators Look for After a Truck Accident?
- 5 Myths About Semi-Truck Accidents Every Person Should Know
- Why You Need an Attorney After a Semi-Truck Accident