More Fatal Truck Wrecks Happen at Night

Imagine you’re driving a Texas highway at night.  There’s a little bit of rain, nothing serious, so you flick on the wipers.  The rain gets a little heavier and you head around a corner.  Suddenly, traffic has stopped.  It looks like a vehicle hydroplaned and smashed into the median wall.  Not a big wreck, but everyone is slowing down to ensure the driver can safely move the vehicle off to the side of the road.

A truck comes around the corner, seeing the stopped cars, the trucker locks up the brakes.  As the trailer jackknifes, the driver loses control and slides into the line of cars as the truck wheels skid across the wet pavement.  That small fender bender has now turned into a serious wreck, with potential fatalities.  This fictitious situation is a whole lot closer to reality and happens every day; the Car Crash Captain explains.

Rain, Fog, Snow, and Ice

On a good day, a big rig doesn’t stop nearly as quickly as a passenger vehicle.  In fact, even in optimum conditions, those semi-trucks are looking at 40% more stopping distance than a regular car.  That means at 60mph it takes your passenger car about 240 feet to stop, and that fully loaded semi takes 310 to 355 feet to stop.

Now throw in some bad weather and things get even worse.  Rain can cause hydroplaning, snow and ice cause slick surfaces, and fog cuts down reaction time.  Even though the heavy weight of those trucks allows them to retain traction for longer, they still can’t stop nearly as quickly.

Rain doesn’t just make things wet, it magnifies risk.

You Can’t See in the Dark

If you have driven in the daytime, and then during the night, you know it’s a bit harder to drive at night.  Even those modern headlights that bore through the eyeballs and into the soul of oncoming traffic can only light up so much.  Your peripheral vision declines, depth perception changes, and lights from other drivers can become disorienting.

Often truck drivers are on tight schedules to get to their destination.  They have to drive during the night to ensure on-time deliveries.  Even though there’s a lot less traffic on the roads at night, the NHTSA reports that drivers are three times more likely to be involved in fatal crashes during the night.

How Weather and Nighttime Affect Liability

Even though weather worsened the wreck, it’s not an excuse.  Trucking companies must be prepared to drive in the day, the night, during rain, snow, sleet, hail, and all sorts of weather.  They have to be prepared to stop if the weather gets too bad, and when they do push through their vehicles must be maintained to ensure all lights are working, brakes are maintained, and their logs are kept up-to-date.

What happens when a trucker thinks they can just push on through and the rules of physics don’t apply? Like the hypothetical scenario in our introduction?  Victims are entitled to compensation.

When Has this Actually Happened?

You might be thinking, “Okay, but is it really that bad?  Does this really happen?”  Yes, it certainly does.

Take the case of Ronal Britt.  A 61-year-old commercial truck driver from Lafayette, this driver wasn’t a stranger to inclement weather.  And it seemed that he could get away with driving a bit fast for conditions… until he couldn’t.  On October 23, 2023 Britt was going way too fast when he came into an area of fog.  He couldn’t see the cars stopped in the road in time, and he plowed into the back of a stopped vehicle killing the driver and seriously injuring the passenger.  He was later arrested on multiple accounts of negligent homicide, negligent injuring, reckless operation, and other traffic offenses.  Read more on the AP site.

The point is – this happens way too often.

Why You Need Herbert Law Group

That is why we are here.  We know the law, we know how to recreate truck wrecks, and we know how to fight for you, the victim.

If weather was involved in your wreck, or if it happened in broad daylight with clear roads, we’ll help you receive the justice you deserve.  First, we need to know what happened.  Call our offices at 214-414-3808, and we’ll have a free conversation to determine just how we can help.  Or, you can simply fill out the contact form on our site and we’ll reach out to you.

Squeeze-Play Accidents are Common and Deadly

You’ve probably pulled up behind a semi-truck and read the little sign on the back of the truck that says, “Caution, Wide Right Turns” and often shows a little graphic of a vehicle colliding with the truck.  Those wide turns, when they turn into wrecks, are sometimes referred to as squeeze-play accidents because the motorist (or sometimes cyclist or pedestrian) are squeezed between the truck and the curb, signage, pole, or whatever happens to be there.

The problem has been around a long time, and the issues are only getting worse as traffic continues to increase throughout the DFW Metroplex.  The Car Crash Captain investigates.

Why is Dallas a Hot Spot for Wide Turn Truck Accidents?

Many Dallas area streets are laid out in a grid section, which of itself isn’t the entire issue.  The issue is that many of these grid pattern streets near distribution centers and warehouses (areas with a lot of truck traffic) are older intersections.  They were built back in the day when trucks and automobiles were a bit smaller.  The result with today’s big rigs, is that these intersections get tight, and the semi-trucks have to make wide right turns to accommodate.

It’s also quite the known issue.  There was a major news report on the intersection of S. Hampton and Danieldale back in 2018 showing how these trucks are cutting it “way too close.”  This is just one of many areas of concern that can lead to wide turn truck accidents.

What Should be Done to Reduce These Wrecks?

Unfortunately, there are only two ways to reduce these types of wrecks.

1. Manufacturers could make their trucks smaller.  This would reduce the need for the wide right turns, but it would also mean goods couldn’t be transported as efficiently.
2. Cities can make the streets wider (or accommodate wide right turns with different curb designs).  This would be a major overhaul and expensive project, and largely unfeasible in many areas where there just isn’t the room to expand.

The only other option is to hope all parties pay attention, don’t act negligently, and drive safely.  But we’ve seen over the years that relying on good judgment really doesn’t work all that well.

Who is Liable in Wide Turn Truck Accidents?

Suppose you’re injured in a wide turn truck accident; who is liable?  Are you liable, because you should have seen the small warning sign?  Or is the truck driver liable because he or she didn’t maintain their lane when turning?  Or perhaps a third party is the culprit?

Truck drivers owe a duty to ensure safe turning.  If they cross the lines, jump the curbs, or otherwise squeeze you into a wall or pole, they might be liable.

Municipalities could be liable due to poor design and planning.  The design of the roads could force wide turns, and you might be able to argue that it’s an unreasonably dangerous intersection design.

Regardless of who ends up being liable, you need to be able to prove liability, so you can receive compensation that will help you heal from your injuries, and get back on track with your life.  That’s why you need a truck wreck lawyer in Texas.

Why You Need Herbert Law Group

We know what goes into investigating these truck wrecks.  And if you’re injured you likely don’t have the time or energy to do this yourself.  Most people, even uninjured, don’t know what to look for or where to look to gather evidence.

Herbert Law Group does.  We’ll find the surveillance footage that captures the area and the encroachment.  We’ll see which traffic studies have been done, and whether a project is long overdue to fix a dangerous intersection.  We’ll reconstruct the wreck to show where the truck overhung marked turn lanes and infringed on pedestrian areas.

In short, we’ll work hard so you receive justice.

First, though, we need to know what happened.  We need to get to know you and make a plan.  Call our offices at 214-414-3808, or fill out the contact form, and we’ll get the ball rolling.

How Complex Insurance Policies Affect Your Settlement

Wrecks with commercial vehicles come with a lot of complications.  There may be more than one liable party that holds the fault for the wreck.  You’re likely struggling with significant vehicle damage and injuries.  And to top it all off, there is likely a complex insurance nightmare to deal with.

While commercial vehicle policies generally come with higher limits, they also have layered coverage and the companies delay and deny to avoid paying out a settlement.  The Car Crash Captain takes a look at what this all means if you have been injured in a wreck with a commercial vehicle in Texas.

Higher Limits with a Catch

Most likely you have a policy that reads something like 50/100/50.  This means if you’re found at fault, your insurance will cover up to $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $50,000 in property damage per accident.

The complex insurance policies held by generally are much higher – they have more assets to protect, and the likelihood of injury after a wreck is greater.  These policies often cover a million dollars, or more, if injury or death occurs.

The catch is, of course, that the greater the payout, the harder the insurance company will fight to keep it.  Just because the money is there, doesn’t mean you’ll get it without a fight.

Layered Policies that Delay

When you really look at their policies, you notice there are different tiers or levels to these policies as well.  For example, the primary coverage might be $500,000 or $1 million.  But what if you are severely injured and you require more than that?

After that primary coverage is exhausted, an umbrella policy might kick in.  Of course, there could be other structures, clauses, layers, and tiers to deal with as well.

Even if you’re awarded a settlement of $3 million, it’s not as easy as getting a $3 million check.  Multiple layers often mean multiple insurers.  That means each company gets a chance to delay, deny, or otherwise devalue your claim.

Aggressive Insurance Adjusters

Any time a large settlement is on the line, you will be faced with aggressive adjusters and agents that aren’t on your side.

They will delay responding and offering a settlement.  The goal is to wear you down – you need compensation to recover, and they know it.  The hope is that you accept a settlement that is lower because it’s available now.

They might deny liability outright.  They blame the victim, dispute fault, claim other factors were involved, or that it was a third party that was actually at fault.

They’ll wear you down by requesting more paperwork than necessary, or medical exams.  They’ll claim they never received items and you’ll have to send them again.  These are all in an effort to stall negotiations.

Finally, the insurance company will devalue your claim.  If you claim $1 million, they might counter with $50,000 saying that the extent of your injuries isn’t that severe.  It’s then a back and forth as they hope you get so desperate you take the lowball offer.

Why You Need Herbert Law Group

Those complex insurance policies have one job: to protect the company behind them.  They don’t care about the victims; they don’t care about lowballing victims.

Herbert Law Group, however, does care.

And we are here to fight on your behalf so you get the maximum compensation after your wreck.  Compensation that will provide you justice, meet your needs, and ultimately help you heal.

Let’s talk about what happened.  A free phone call to 214-414-3808 and we’ll figure out how we can help, and how you can rest easier knowing our team is on it.  No time for a call right now?  Fill out our contact form, and we’ll be in touch with you soon.

Commercial Vehicles Aren’t Just 18-Wheelers

When you hear the words “commercial vehicle wreck” what do you think of?  Most people imagine a massive, fully-loaded, semi-truck crushing down on them.  The reality, however, is that more and more serious accidents are caused by smaller commercial vehicles; including delivery vans, box trucks, and even gig economy drivers.  With the increase in online shopping, Amazon, UPS, FedEx, Uber Eats, and others have a lot of commercial rigs on the roadways.  The Car Crash Captain looks at what’s going on, how you can stay safe, and what to do if you’re involved in a wreck with a commercial vehicle in Texas.

The Rise in Commercial Vehicles

Multiple factors have increased the number of delivery vehicles on the roads.  While semi-trucks are still used heavily, they’re often for interstate travel and to move large quantities of goods from factories to warehouses.  Once there, however, companies rely on the smaller rigs for localized transport.

Since the COVID-19 pandemic, more and more deliveries have hit the roads with companies like Amazon leading the way.  Amazon realized it was more efficient to do their own deliveries (rather than rely on shipping companies), and thus over 100,000 branded delivery vans are out in force nearly every day of the week.

Gig economy – which is freelancing including driving like deliveries through Uber or transporting people – continues to grow as well.  About 60 million Americans freelance or do gig work.  Many of them are behind the wheel delivering products, people, or packages.

With minimal training, tight schedules, and deadlines, these drivers can often hit the roads without being fully prepared to actually hit the roads.

The Legal Issues of Commercial Vehicle Wrecks

There are numerous factors that pop up with a commercial vehicle wreck.  Like a crash with a big truck, liability isn’t always straightforward.

Is the driver independent, or an employee?  If they’re driving for Amazon, using an Amazon truck, it might be that Amazon is liable.  But if they’re driving for DoorDash, who is the liable party?

What kind of insurance does the driver carry?  Personal policies often won’t cover when driving for pay – and some drivers skip out on the proper insurance so they can make more money.

Is the vehicle classified as a commercial vehicle?  Here in Texas, the definition of a commercial vehicle depends on the use and weight, not necessarily the employer.  So, a delivery van transporting goods might be considered commercial, but a passenger vehicle delivering people might not.

How to Stay Safe on the Roads

With all of these “new” drivers on the road, how do we stay safe?  What do we do so we can ideally avoid a wreck, but also receive compensation if we are hit?

• Pay attention: many wrecks can be avoided by the victim paying more attention.  We can’t control the at-fault driver’s behavior, but we can control our own.
• Avoid commerce routes: if possible, stick to the streets where trucks and vans aren’t heavily using.
• Be insured: you can get a policy that will provide compensation if the other driver doesn’t have the right insurance.
• Know your rights: you have the right to an attorney.

What to Do After a Wreck

With all wrecks, the first thing is to ensure safety.  Clear the area, call the police, get medical attention.

Then, get in touch with Herbert Law Group.  If you’re injured, your number one priority should be to recover from those injuries.  You shouldn’t have to be worried about fighting with insurance companies, discovering liability, and dealing with adjusters.  Let us handle that.

All you have to do is call us at 214-414-3808, or fill out our contact form, and we’ll figure out what needs to be done to get you the justice you deserve.

How Likely Are You to Die in a Truck Accident?

Let’s assume that you’re in a wreck with a big rig.  Are you more likely to survive, or pass, as a result of injuries sustained in that accident?  Today, the Car Crash Captain is looking at truck accident fatalities – the truth about sharing the road with commercial vehicles.

Big Rigs on Our Highways

There are around 13 million trucks on the roads in the US – about 3 million of them are semi-trucks.  That’s about 4.5% of vehicles out there (1% if only counting semi-trucks).  However, trucks account for 10% of fatal vehicle accidents.

Factors Contributing to Truck Accident Fatalities

The biggest reason there are so many more fatal truck wrecks comes down to one factor.  They are so much bigger than the average passenger vehicle.

A fully loaded semi-truck clocks in at as much as 80,000 pounds.  A passenger car weighs just 3,000 to 4,000 (SUV’s and pickups can be a bit heavier).  Just like if you and a toddler collide, the toddler will sustain more damage than you do as an adult – the smaller vehicle will sustain more damage and the occupants inside are more likely to be injured or killed.

Combine that size disparity with other factors like:

• Blind spots: big rigs have larger blind spots than smaller vehicles.
• Braking distance: big rigs require more distance to stop and bad rear-end wrecks can occur.
• Driver fatigue: commercial drivers are on the road for a long time; drowsy driving can be an issue.

And the result is that wrecks are often much more severe with trucks, and lead to truck accident fatalities more often.

Common Causes of Truck Wrecks

While technology is improving, the fact remains that there are still a lot of crashes on US roadways every year (some 400,000 truck accidents occur every year).  And a lot of those crashes boil down to driver negligence.

• Distracted Driving
• Impaired Driving
• Unsafe Driving

And sometimes it’s a third party that’s negligent.

• Mechanical Failures
• Improper Loading
• Illegal Management

Inexperience leads to a higher risk of causing fatal truck accidents as well.

How to Protect Yourself on the Roadways

There’s not a lot you can do about another driver who is driving distracted, impaired, or unsafely.  We have to hope that every driver out there is looking out for the best interest of others on the road.  However, you can protect yourself by being vigilant and driving defensively.

• Avoid driving in blind spots.
• Maintain safe distances
• Give more room in adverse weather
• Stay extra aware
• Maintain your own vehicle

By doing a little extra, you can often spot an unsafe driver before they become an issue to your own safety.

Herbert Law Group is on Your Side

Trucking is an important part of the US economy.  Without trucks moving goods back and forth, our shelves would be empty, fewer jobs would be available, and our favorite products wouldn’t be found.

If involved in a wreck, however, the trucking companies are going to protect their own interests first.  They don’t want costs to increase, and they don’t want to pay out large settlements.  So, they have teams that work hard to ensure a settlement for a truck wreck is as low as possible.

Herbert Law Group is on your side.  Have you been injured in a truck wreck?  Has a loved one died in an accident with a semi-truck or other commercial vehicle?  Then you need to be compensated fairly.

Let’s talk about what happened, and see how we can help.  Call our offices at 214-414-3808, or fill out our contact form and we’ll be in touch with you for a free conversation on how we can help.

What the Trucking Industry Doesn’t Want You to Know

Truck drivers play an important role.  We saw what happened when COVID messed up the supply chain – things all but ground to an absolute halt.  Without the trucking industry, America wouldn’t run.  Shortages would be everywhere, and the bulk of everything we rely on just wouldn’t be available.

Just as important as that job is, safety on the roads is important too.  When something goes wrong, and trucks crash, the trucking companies and their insurance providers are going to work hard to minimize the liability they assume.  The trucking industry has some dirty little secrets, and the Car Crash Captain is here to uncover them.

Destroying Black Box Data

Modern trucks are equipped with an Electronic Logging Device (and ELD) or an Event Data Recorder (EDR).  These things are like the black boxes on airplanes – they record all the data like speed, hours of operation, braking, and more.  They shouldn’t be messed with, but to try to protect themselves trucking companies might erase or alter the data that has been recorded.

It happens more often than one might think.  One notable case occurred around 2010 when a trucking company was found liable for $20 million after the judge determined there was “willful destruction of evidence” regarding the EDR.  Employees claimed the data was downloaded before the device was wiped, but nobody knew who downloaded it, where it was stored, or how to retrieve it.  They were found guilty of intentionally erasing that data.

Fudging Hours of Service Numbers

Regulations are in place that are very clear on how many hours a driver can spend on the road, and how many hours that driver must spend not operating the truck to become fully rested before the next stretch.  This has been huge in helping to prevent fatigue-related crashes.  In the days of paper records, it was easy to fudge those numbers, now it’s harder, but not unheard of.

In 2019 a crash in New Hampshire killed seven motorcyclists.  The owner of the company was actually sentenced to prison after an investigation found he had falsified the driver logs so his drivers could spend more hours on the road.  He also lied to investigators about showing his drivers how they can deactivate their electronic logging devices.

Hiring Unqualified Drivers

To drive truck, you have to go through a bit of specialized training.  This training ensures that the driver knows how to handle a huge vehicle, how to safely navigate roads, how to inspect the truck for roadworthiness, and more.  But there’s a big shortage on drivers, and some companies in the trucking industry are willing to cut corners in the hiring process and employ drivers with poor safety records, substance abuse issues, or even fraudulent CDL’s.

A crash near Aspen Park, Colorado occurred in June 2024 that killed a motorist.  The driver had been driving commercial vehicles in the US for 7 years, but never acquired his CDL here in the states (he did have a license valid in Mexico).  The company that hired him had a history of employing unlicensed drivers and ELD violations.

Lowballing the Settlement Offers

One of the sneakiest ways the trucking industry uses to get out of their obligations is to lowball a settlement and push the victim to make a quick decision.  Their goal is to pay out as little as possible, before the victim fully realizes the extent of their injuries, or the financial impact the wreck is truly going to have.

This happens all the time, which is why you need a truck wreck lawyer on your side.  A resident in Virginia was rear-ended on the interstate and fractured her left foot.  A seemingly small injury, but it cost nearly $150,000 in medical expenses, and she couldn’t return to work.  Adding those together, the insurance company offered a $450,000 settlement.  Her attorney, however, said that wasn’t going to cut it.  In the end, to avoid a lengthy trial, the company upped their settlement to $1.6 million.

Hiding Evidence

If there are no assets, it may be hard to get a company to pay for the damages they have caused.  Insurance is designed to protect assets, or to ensure payment if the damages exceed what a company has, but things can get complicated.  Some companies try to hide assets by operating under shell companies – they hope to reduce the amount they pay out if found liable because they can claim the company has no money.

Kal Freight, a trucking company that filed for bankruptcy in 2024 tried this tactic.  They transferred ownership of equipment to another company as they attempted to shirk their duties to their creditors.  However, the courts were able to “pierce the corporate veil” and find where the assets and money were being hidden.

Why You Need Herbert Law Group

The bottom line is that the trucking industry is all about making profits.  When they can reduce their liability, it means their profits can continue to rise.  Sometimes that means manipulating the data, erasing data, lying, or lowballing.  These acts might be legal (lowball offers) or illegal (erasing data), but all of them are rather unethical.

That’s why you need a truck accident lawyer that isn’t afraid to go after them and help you receive the settlement you truly deserve.  Herbert Law Group is on your side, fighting for justice.

If you’ve been injured in a truck accident, we need to talk.  Call our offices at 214-414-3808, and we’ll have a conversation about what happened and determine how we can help.  Can’t talk on the phone right now?  Get in touch through our contact form and we’ll reach out to you.

Understanding a Cargo Truck Accident

Most accidents with semi-trucks are accidents with cargo trucks.  But what we’re talking about here is when the cargo actually plays a part in the accident – what happens if you’re injured in a truck wreck because you collided with the cargo the truck was hauling?

The Car Crash Captain looks into cargo truck accidents, and possible scenarios where you would want the help of a Dallas truck lawyer to ensure you’re compensated for your injuries.

Unsteady Cargo Truck Accident

Even in a wreck, a cargo truck should maintain their cargo.  That means most of the time their cargo should be secured in such a way that it stays strapped to the truck unless they are involved in a really big wreck.  But we know that doesn’t always happen.

• Unsecured Cargo – If a truck is carrying cargo that isn’t secured, it can fly off the truck.  If it hits you, or you hit it, you shouldn’t be liable for damages.
• Improperly Secured – There are guidelines and specifications on how to secure cargo.  Steel coils will need different methods than lumber, which would need something different than foam insulation.  If it’s improperly secured it might look safe, but be far from safe.
• Unbalanced – Improperly loaded cargo can cause the trailer to become unbalanced.  Under the right circumstances, that can lead to a truck wreck.
• Damaged Securement – If the truck wrecks, and the means of securing the cargo is damaged, their contents can spill.  This can lead to more wrecks with passing vehicles.

It’s not always that the truck driver acted negligently, but there’s nearly always someone that acted negligently.  The truck accident lawyers with Herbert Law Group help figure out liability.

Who is Liable in a Cargo Truck Accident?

The first party looked at is always the driver.  Often they miss a step or overlook something along the way.  But it’s not always the driver who is at fault.

The trucking company may be the liable party.  If they didn’t provide the right materials to secure the cargo, encouraged the driver to skip steps, or their actions otherwise led to the accident, the company may bear some, or all, of the liability.

Often, however, there’s a third-party loading company.  The driver and the company that own the truck merely provide the vessel for transportation.  If the loading company tried to cut corners, they may be liable for the accident.

Even when there’s another party that’s liable, it often boils down to the fact that the driver should have double checked everything.

Damages You Might Recover

If you’re hurt, or a loved one is killed, in a cargo truck accident, what can you expect?  What damages do you incur that you deserve compensation for?

• Property Damage – Your vehicle is damaged, and you deserve to be compensated for that.  If you’re driving a vehicle, the settlement should replace that exact vehicle in its entirety.
• Medical Bills – You shouldn’t have to worry about paying for any medical bills incurred because of this wreck.  That includes bills you’ll face years down the road when injuries flair back up.
• Lost Wages – If you miss work because of the wreck, you deserve to be compensated for the time you couldn’t work.
• Pain and Suffering – Injuries go beyond physical and even mental.  Pain and suffering includes mental anguish, what you go through living life disabled, losing a loved one, and more.

Most insurance settlements will try to give you the lowest amount and hope you don’t take into account things like pain and suffering or injuries that come back in a few years.  A seasoned truck wreck lawyer, however, knows what to fight for.

Herbert Law Group Fights for You

What we fight for is you.  We know you’re hurting, and you need to focus on healing from injuries – visible or hidden.  So let us do that work for you.

It all starts with a phone call.  Let’s chat about what happened, determine how we can help, and device a plan from there.  Your cargo truck accident doesn’t have to be drawn out, we can get these things moving in your favor.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll get things started.

Truck Rear-End Accidents Are Common

Every year there are around half a million truck accidents each year around the country.  Approximately 20% of those are rear-end crashes; or, 125,000 crashes per year where the truck driver hits the back of the vehicle ahead of them.

What causes this?  Why are nearly 350 truck rear-end accidents every single day?  The Car Crash Captain looks at the causes, and what we can do to protect ourselves from being involved in a major wreck.

Common Causes of Truck Rear-End Accidents

Just like in a passenger vehicle, wrecks are often due to driver’s not paying enough attention to the road and the conditions.  When we look into wrecks with big rigs, we find similar patterns.  Common causes of this particular type of wreck include:

• Driving While Distracted
• Driving Under the Influence
• Driving Recklessly

Let’s dip into each of those a little more so we can understand what they entail.

Driving While Distracted is a Broad Concept

Most of the time we think of distracted driving as using a phone while operating a vehicle.  Yes, that is the most common cause – texting and driving takes your eyes off the road for much longer than you realize.  However, distracted driving also includes:

• Talking to other passengers
• Eating or drinking
• Fiddling with the radio
• Inputting coordinates into a GPS

Essentially anything that removes attention from the road can be considered distracted driving.

Driving Under the Influence

Fortunately, instances of drunk driving have decreased over the years.  That doesn’t, however, mean we are safer out there.  Distracted driving, and a surge in illicit medications that are supposed to make you more alert have taken the place of drunk driving.

Drugs and alcohol can both affect a driver’s ability to react on time.  Some may see the hazard, but not process it quickly enough.  Others may process, but perform the wrong action.  Overall, it’s a matter that a truck driver should never operate under the influence of anything (caffeine may be acceptable).

Reckless Driving is a Big Category

Rather than break out each part of reckless driving and make it a separate category, we’ve put most of the other causes into this one.  Reckless driving can include:

• Driving while tired
• Driving too fast for conditions
• Driving angry/road raging
• Blatant disregard for laws

Reckless driving is essentially driving in a manner that is unsafe for other drivers around.  Speeding and running lights, is obviously dangerous.  But often the large trucks will drive too fast for weather conditions under the assumption their size and weight will help them maintain control.

Establish Fault in Truck Rear-End Accident

Regardless of which reason the truck rear-ended you in an accident, the biggest priority is to show that you were not at fault for the wreck.  Drivers and insurance companies will say or do a lot to avoid paying out a claim – sometimes going as far as blatantly lying about what happened.

Herbert Law Group is here to help you when it comes to a truck wreck.  If you’ve been injured, your number one priority is to heal from those injuries.  Let us handle the hard stuff, we’ll show that the rear-end accident was not your fault, so you can receive compensation that fully covers what you’ve gone through.

Let’s talk about what happened, and come up with a plan.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll reach out to you.

TL;DR Version of What Not to Say – Stay Silent

As the subheading suggests, the best thing to say to an insurance adjuster after you’ve been involved in a major truck wreck here in Texas is nothing at all.  Of course, you can say something, you can say, “I’m working with the Car Crash Captain over there at Herbert Law Group, please direct any inquiries to them!”  The caller will likely persist, but that’s all you need to tell them; we’ll take it from there.

Naturally, though, you won’t be thinking clearly as a million things will be buzzing through your head after a wreck.  Especially if you’ve suffered major injuries and you’ve been given pain medication.

So, let’s review now and if something bad does happen, you’ll be able to recall this blog and remember to have them talk to the Car Crash Captain instead of you.

Don’t Admit Fault – Or Even Come Close

We know that you shouldn’t admit fault.  That would take away all your negotiating power and you’d likely ruin any chance at a settlement.  But what comes close to admitting fault?

• “I’m sorry.” – these words can be used against you.  You might as well say, “It was all my fault, I take full responsibility.”
• “I didn’t mean to.” – Even if you didn’t mean to become the victim, don’t imply that you did something to cause the wreck.
• “He might have been in my blind spot.” – Even if he was in your blind spot, if your vehicle was hit, you don’t need to justify where he was.
• “I couldn’t see him.” – See above.
• “I was driving too fast.” – All they need to know is that you were the victim.
• “I don’t like money so I don’t need a settlement.” – If you wouldn’t say this, then don’t admit any sort of fault.

Don’t Allow Them Access to Medical Records

When the wreck is being investigated, the insurance adjusters and their teams of lawyers will want to scrutinize everything.  However, without your permission (or a court order), they can’t dip into your medical records.  That doesn’t mean they won’t try.

You might think, “What’s wrong with letting them see how much pain I’ve been put through?”

The problem is that they don’t want to just see the medical records from this wreck.  They want to see everything from even before the wreck.  That way, everything you were treated for in the past is a potential pre-existing condition.  Something not caused by the wreck, and therefore not their responsibility to pay on.

Don’t Tell Them About Your Injuries

Just as you don’t want them nosing around in your past medical conditions, they don’t need extra information about the current ones either.  Because likely if you talk to them about your injuries, they’ll try to steer the conversation so you say something like:

• “It’s not too bad.”
• “I should heal quickly.”
• “I’ve suffered worse.”
• “I’m tough, I’ll recover.”
• “I want you to know these injuries aren’t nearly as bad as they seem, so really there’s no reason for us to pursue a settlement at this time since I’ll make a full recovery simply by willing it to be so.”

That last one.  You might not say it in as many words, but they can twist your words into something that means that exact thing.

Don’t Provide a Recorded Statement

No matter how closely you guard your words, you may end up saying something that can be taken out of context.  If you agree to a recorded statement, then you agree to have bits of your recording played back, without the supporting words around them.

Any time the insurance company wants to have your recorded statement, they have to tell you the conversation will be recorded (they may say “for quality control purposes” but what they mean is “to support our case against you so we don’t have to pay as large of a settlement.”).  As soon as you hear them mention they’re recording anything, you just have to say, “Please direct all inquiries to Herbert Law Group.”

Don’t Discuss Circumstances of the Truck Wreck

You are under no obligation to share what happened with the insurance company.

They can get the official report from the police, or talk to your truck wreck attorney about it.

Don’t Open Up to Your Goals and Hobbies

It might seem like a good idea to talk about goals and hobbies to show how the wreck has thrown off your plans for life.

You were once an avid rock climber, but now you can’t climb anymore.  The truck wreck has ruined your hobbies forever.  You might be thinking you could get a larger settlement because of this.

What the insurance company is thinking is, “How can we show those injuries were really caused by a rock climbing accident that happened before the wreck?”  This is also why you should skip posting on social media until your wreck has fully settled, and lock down your account so nobody can get on there and any activity.

Herbert Law Group Has Your Back after a Texas Truck Wreck

It sounds like a lot of work.  In reality, it’s easy: just don’t talk to the insurance companies any more than telling them that you’re working with Herbert Law Group.

Our job is to handle insurance and the legal aspects of your wreck.  Your job is to heal from the injuries that you’ve sustained due to someone else’s negligence.

Let’s get started.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.

How to Avoid a Collision with a Wide Turning Truck

Because of their sheer size, trucks aren’t able to make turns as easily as passenger vehicles.  You have probably been at an intersection that gets congested because of the need to swing wide – often because an unknowing motorist ends up in the truck’s way causing them to stop until things can get cleared up a little bit.

It’s a common issue, but it can also lead to dangerous wrecks if the truck driver, or the motorist, lacks experience.  Today, the Car Crash Captain takes a look at what these wide turning trucks can do, and how we can all stay safer on the roads.

What Happens when a Truck Turns?

Wide turning trucks often cause issues on older and narrower streets.  Because they’re hauling a trailer that makes the overall vehicle around 72 feet long, they can’t just pop into any old turn like we can in our little four-wheel rigs.

Right hand or left hand means they have to adjust the approach, or the final aspect of their turn – it often means they’re crossing into another lane to do so.  Inexperienced truck drivers or inattentive and inexperienced motorists may not recognize the turn, or be able to indicate their intent, and a wreck can occur.

Due to the size of the truck and the inability to see in large blind spots, these wrecks can be devastating, even at slow speeds.

What’s a Squeeze-Play Turn?

One of the more common wrecks is known as the squeeze-play turn.

Suppose a truck rolls on up and wants to make a right-hand turn.  But they can’t just turn right, or they’ll be hopping up and over the curb; maybe knocking over a light pole.  There’s traffic coming from their right, so they can’t swing wide into the oncoming lane as they complete the turn.

To help them around the corner, they often turn left, then swing it back to the right.  Doing so can cause the turn signal to turn off, and a motorist behind them sees the truck start to the left and they assume they’re making a left-handed turn; so, they pass on the right.

The truck then swings back to the right, and the motorist, especially if they’re in a small car, can get caught underneath the truck’s trailer.

Who is at Fault in these Wrecks?

It can go either way in these accidents.  In the aforementioned squeeze-play, it’s likely that the motorist would be at fault.  But what if the truck driver truly did signal “left” on accident?  A dash cam is incredibly handy in that situation.

In other situations, it all boils down to if the trucker was acting negligently, or doing his or her best given the roads they’re required to drive on.  Was the motorist in the wrong place, or was the truck driver impeding their travel?

Why You Need a Truck Accident Lawyer

If you were in a wreck with a big rig, then you need a lawyer to help you out.  Most trucking companies have lawyers on their side, and as soon as there is a wreck they’ll be making calls to insurance companies and legal representation.

The insurance companies will come out and assess what happened, and they’ll work their tail off to make sure the truck driver wasn’t at fault, or at least to show you’re partially at fault.  You need your own legal team to help ensure you’re not trampled legally, and you find justice.

Herbert Law Group is on Your Side

Herbert Law Group is all about ensuring your justice.

We know how to handle insurance companies, we know how to look at these wrecks, and we know how to show that you are an innocent victim.

Wide turning trucks can cause issues, but no matter how your accident happened, let’s talk about it and see how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you for your free initial consultation.