Do I Need an Attorney After a Tractor-Trailer Accident?

Statistics from the Federal Motor Carrier Safety Administration (FMCSA) show that more than 3,000 fatal truck accidents occur in the US each year. Even when these massive vehicles are driving at or below the posted speed limit, they can still cause widespread destruction in a crash. There are instances in which truck drivers or their employers may be held liable for a collision. In some cases, victims of these accidents or their family members may be unaware that they could file a claim against the responsible parties. If you are reading this blog because you or a loved one was recently harmed during a truck accident, then it is crucial to understand how an attorney can help your situation.

1. An attorney can investigate what happened. First, an attorney could investigate the merits of your claim to inform you of eligibility for filing a lawsuit. During the discovery phase of a lawsuit, an attorney will seek evidence from multiple sources. They may request internal documents from the company that employed the driver who caused your crash. In addition, they could also request data from the truck’s electronic control module (also called the black box). An attorney could help determine all of the parties who may be liable for your accident.

2. Trucking companies will fight your claim. Large trucking companies or equipment manufacturers may have access to powerful financial and legal resources. Filing a claim against a commercial trucking company does not guarantee you will receive the resources you need to recover from a catastrophic injury or loss. An attorney with experience handling truck accident cases has experience fighting these business interests.

3. An attorney can help with insurance adjusters. Adjusters from your and the trucking company’s insurance provider are likely to contact you after the accident. These individuals may play on your ignorance of the law and your desperation to ensure you receive as little as possible for your claim. An attorney can negotiate with insurance adjusters to help you receive the maximum amount from your claim.

Personal injury attorney Mike Love operated a commercial trucking business before opening his Lufkin personal injury law firm. Our attorneys not only have firsthand experience working in the trucking industry, but we also have experience helping victims of tractor-trailer accidents. Injured? Call our law firm for a free initial consultation with an experienced East Texas truck accident attorney who may explain your rights and possible legal options.

When Can You File a Lawsuit Against a Trucking Company?

Commercial truck companies must follow strict guidelines set by the Federal Motor Carrier Safety Administration (FMCSA). As personal injury attorneys handling truck accident cases, we can tell you that trucking companies do not always follow these regulations. In some cases, companies are more concerned with making profits than ensuring public safety. Trucking company negligence is a primary cause of truck accidents. Examples of negligence may include:

• Negligent hiring and retention. Truck companies must maintain driver qualification files (also called DQ files) for their drivers. DQ files contain detailed information on drivers. These files may contain moving violations, medical certifications, annual review records, and drug test results. However, companies may neglect to maintain these files or knowingly allow unqualified employees to continue driving. Companies also hire unqualified drivers.

• Hours-of-service violations: rules place limits on how long commercial truck drivers can drive. The purpose of these rules is to prevent drowsy driving accidents. Truck companies must ensure their drivers comply with hours-of-service rules. However, some companies may encourage their drivers to violate these regulations. In other cases, they may turn a blind eye to hours-of-service violations.

• Poor maintenance practices. Semi-trucks are subject to regular wear and tear. Truck companies must inspect and perform necessary maintenance on these vehicles so they are safe to drive.

• Negligent training. Truck companies must train new hires. New employees should understand how to record hours of service in compliance with the requirements. They must know how to drive a vehicle carrying heavy loads and how to signal nearby drivers properly. Commercial truck drivers should know how to load and secure cargo.

• Improper loading: Cargo on semi-trucks must be loaded properly and tied down, or it can shift while the vehicle is moving. This could cause the driver to lose control and may lead to a rollover accident. Truck companies may also try to overload vehicles to boost profits. An overloaded truck takes longer to stop and will hit other objects with greater impact force. In addition, an overloaded truck can suffer damage that makes it unsafe to drive.

Injured in an 18-Wheeler Accident? Let Our East Texas Truck Accident Lawyers Help

Our truck accident attorneys have seen every trick in the book. Some companies skirt federal rules to make more money. Unfortunately, it is our friends, family members, and neighbors who could end up paying the price for these selfish actions. Negligent trucking companies can also be held responsible for damages caused to other motorists. If you or loved ones were harmed in a truck accident, then it is vital to act quickly by hiring an attorney. Companies may try to eliminate evidence of their negligence, such as by tampering with a vehicle’s electronic control module. This device may record a semi-truck's speed, driving time, and other information. If you believe a trucking company is responsible for your injuries or loss, then please call Mike Love & Associates, LLC to discuss possible legal options.

Top Five Safety Threats to Trick-or-Treaters on Halloween

Halloween is supposed to be a fun holiday for children and their parents, but it can also end in tragedy. We have all heard stories of poisoned candy or treats containing razor blades, but the real threats on Halloween come from defective costumes, motor vehicles, and other unforeseen hazards. Safe Kids Worldwide, a child-safety organization, reports that only one-third of parents talk to their children about Halloween safety. We hope that informing you about the following hazards can help you have a safe and fun Halloween.

1. Motorists: Drivers are the most dangerous and common hazard on Halloween. According to Safe Kids Worldwide, the number of fatal pedestrian accidents involving children increases twofold on this holiday. On Halloween, there is an increased number of drunk drivers on the road. Speeding and distracted driving could also increase the risk of an accident.

2. Dangerous or defective costumes: Some costumes can increase the risk of an accident due to design or manufacturing defects. For example, a costume could be made with highly flammable materials. A costume could also be designed in a way that limits a child’s visibility or increases the risk of tripping and falling. Makeup products for costumes can cause severe allergic reactions in some cases.

3. Unsafe Halloween decorations: Certain types of Halloween decorations (or the way they are set up) may cause trick-or-treaters to slip and fall. Decorations may also cause fires. For example, costumes worn by trick-or-treaters could come into contact with candles in pumpkins or other sources of fire. Halloween lights can pose electrical hazards, especially near water sources.

4. Dog bite injuries: Property owners may fail to keep their dogs away from trick-or-treaters. In some cases, dogs may frighten or even attack trick-or-treaters they perceive as intruders. Dog bites are a possible hazard on Halloween.

5. Unsafe properties: Properties may contain other hazards, such as poor lighting and broken stairwells. Trick-or-treaters can trip over objects left on lawns or walkways. These hazards can increase the risk of a slip-and-fall accident.

What if My Child is Injured While Trick or Treating?

Accidents can happen even when parents have done everything right to keep their trick-or-treaters safe. If your child was injured while trick or treating and you believe the negligent actions of other people are to blame, contact our team of Texas personal injury attorney at our firm. We can help you discover if you have legal options to hold those individuals accountable.

Can Apple’s Smartphone App Prevent Texting While Driving?

Distracted drivers using their mobile phones are responsible for thousands of accidents each year. The National Highway Traffic Safety Administration’s (NHTSA) statistics suggest that mobile phone use while driving was responsible for 3,477 deaths during 2015. Apple’s recent iOS 11 update included a new app designed to reduce fatalities and injuries caused by mobile phone use while driving.

The Do Not Disturb While Driving app was designed to prevent the temptation to use an iPhone while driving. The app can detect when you are driving and disable most iPhone features until you come to a stop. If you do receive a text message, the sender will receive an automated reply that warns them you are driving. You can alter the settings to allow notifications from certain people. People who are texting you can also type “urgent” in the message to bypass the settings. Do Not Disturb While Driving has flexible user options.

There is more than one way to use the app. You can set the app to turn on automatically. This will cause the app to lock your phone once it detects you are driving. In addition, you can manually turn the app off and on. Finally, you can use the app with your vehicle’s Bluetooth. In this case, the app will still lock you out of most features, but will allow you to take hands-free calls. If you are a parent with children who drive, you can keep your teenagers from turning off or modifying the app’s settings. You will need to go to your iPhone’s settings and adjust the app's restrictions. The idea behind this app is quite simple. If you never receive a text message, then you cannot be tempted to answer. The temptation could also be less severe if you are unable to access your phone while driving.

What if I Have an Android Phone?

There are also anti-distracted driving apps for Android users. You could download Samsung’s In-Traffic Reply app. This app can also detect when you are driving and send an automated message. AT&T’s DriveMode app (available on both Android and iOS) can silence text messages and phone calls. It can also send automatic replies to people who try to call or text you. Even though these apps are readily accessible to millions, there will still be thousands of distracted driving deaths each year.

If a distracted driver harmed you or a loved one, contact Mike Love & Associates, LLC today. We fight to hold distracted drivers accountable for the damage they cause.

Do You Know About These Two Hidden Vehicle Dangers?

Automakers are required by law to issue recalls for defective auto parts. However, there are instances in which dangerous vehicle features are not deemed faulty by regulators or automakers. In these cases, recalls may not be issued by automakers and consumers may be unaware these dangers exist. The hidden vehicle dangers discussed in this blog have been known to regulators and auto manufacturers for years. Although there have been injuries and deaths, many vehicles may still contain these features.

Hidden Danger #1: Getting Stuck in Power Windows

According to KidsAndCars.org, thousands of children have been killed or injured by power car windows. Injuries and deaths occur when children stick their heads out of windows and then unintentionally roll them back up. In these cases, the keys were left in the ignition or the engine was running. Parents may leave the car running with the air conditioning on, mistakenly believing their children are safe. Power windows can exert between 30 and 80 pounds of force. It takes only 22 pounds of force to suffocate or injure a small child. Statistics collected by the National Highway Traffic Safety Administration (NHTSA) show that more than 50 children have been killed by power windows since 1990.

Additional children have suffered traumatic brain injuries and amputation of fingers. Most of these victims were three years old or younger. The most recent victim of a power window accident was a two-year-old in Lafayette, Indiana. According to the parents, they placed the two-year-old boy and his sister in a vehicle with the air conditioning running while they worked nearby, cleaning out another car. At some point, the boy woke up from a nap, rolled down the window, and stuck his head out. He then triggered the power window and rolled it back up on himself. By the time emergency responders arrived on the scene, he had gone without oxygen for more than 40 minutes. Emergency personnel revived the boy, but he died several days later at a hospital.

Hidden Danger #2: Rear-End Accidents and Seatback Failures

A CBS News investigation from last year found that seatback failures have injured or killed more than 100 people in the US since the late 1980s. Seatback failures can occur when a collision causes the seatback to launch backward, such as during a rear-end collision. If a passenger is sitting in the back seat, they can be struck by an occupant in the front seat. Several years ago, Audi was sued by the family of a Texas boy who suffered a traumatic brain injury from a seatback failure.

In 2012, the boy was riding as a backseat passenger when another driver rear-ended his father. The seat launched backwards and changed their lives forever. According to the boy’s father, his son now lives with permanent brain damage, partial paralysis, and vision problems. In a deposition, Audi engineers claimed that the front seats of the father’s vehicle were designed to hit the knees of backseat passengers to absorb some of the force. However, children take the full force of the impact because they are much smaller. A Texas jury awarded the boy and his family a $124.5 million verdict.

Can I File a Product Liability Lawsuit for Auto Parts?

It is essential to speak with an attorney after an accident involving vehicle features or equipment. Personal injury attorneys have experience investigating cases that involve dangerous products. Depending on the circumstances, it could be possible to file a product liability lawsuit against the manufacturer or other parties. However, it would be difficult for the layman to determine whether this is an option. The Texas personal injury attorneys at Mike Love & Associates, LLC can help victims of dangerous consumer products determine whether they are eligible to file lawsuits. We also have a page that can help you learn the basics of product liability lawsuits. Injured? Contact Mike Love & Associates, LLC today. We can help.