The Dangers on Austin’s Roads
If you need an austin truck accident lawyer, you’re likely facing a difficult legal battle. Austin’s highways, including I-35, MoPac Expressway, and Highway 183, are crowded with commercial trucks, creating hazardous conditions for drivers in passenger cars.
At Gibbs & Crivelli, we are a local Austin firm with a proven track record in Austin, Cedar Park, Round Rock, and nearby communities. We offer free consultations and work on a no-win, no-fee basis, bringing deep experience in complex trucking regulations to every case.
Texas unfortunately leads the nation in truck accident fatalities. The sheer size of commercial trucks—weighing up to 80,000 pounds—means collisions are often catastrophic, resulting in severe injuries, significant property damage, and complex insurance claims governed by federal regulations.
The combination of driver pressure, heavy Austin traffic, and constant construction creates a perfect storm for accidents. The risks are undeniable, whether on the I-35 corridor or local roads in Cedar Park and Round Rock.
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Why Truck Wrecks Are More Complex Than Car Accidents
After a truck accident in Austin, you’re facing a situation far more complex than a typical car crash on MoPac or I-35. As your austin truck accident lawyer, we understand how overwhelming these cases are for families dealing with serious injuries and medical bills.
The key differences are:
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Multiple Liable Parties: A regular car accident involves two drivers. A truck wreck can involve the driver, the trucking company, the truck owner, maintenance crews, parts manufacturers, and cargo loaders. Each party has lawyers working to shift blame, making it a complex legal battle.
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Complex Federal Regulations: Commercial trucks are governed by strict Federal Motor Carrier Safety Administration (FMCSA) rules covering everything from driver hours to brake inspections. Violations of these laws often cause accidents on our Austin-area highways.
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Extensive Evidence: Trucks have event data recorders (black boxes), driver logs, and detailed maintenance records. This evidence is crucial, but trucking companies may try to hide or destroy it. Acting quickly to preserve this data is essential to building a strong case.
Common Causes and Liable Parties in Austin Truck Accidents
Central Texas’s growth creates conditions ripe for truck accidents, from the I-35 corridor to the busy streets of Round Rock and Cedar Park. Common causes often point to multiple liable parties.
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Driver Fatigue and Negligence: Drivers pushing federal limits on hours of service is a primary cause. Learn more in our article on Truck Driver Fatigue: A Leading Cause of Accidents. Distracted driving, speeding, and driving under the influence also point to driver liability.
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Company Negligence: The trucking company is often responsible for its driver’s actions. They can also be directly liable for negligent hiring, poor training, or pressuring drivers to violate safety rules. When profit is prioritized over safety, it can lead to poor maintenance, a frequent cause of accidents we investigate. For more, see our Austin Poor Truck Maintenance Accident Attorney page.
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Third-Party Fault: Other parties can also be at fault. A cargo company may be liable for improperly loading a trailer, making it unstable. A third-party mechanic could be responsible for faulty repairs, or a parts manufacturer could be liable for a defective component like brakes or tires.
Identifying every responsible party is critical to securing full compensation. If you’re considering suing a trucking company, you need a legal team that knows how to uncover every source of liability.
Navigating the Texas Legal System After a Truck Accident
After a truck accident in Texas, you enter a complex legal system with strict rules and deadlines. As local lawyers serving clients from Austin to Cedar Park and Round Rock, we know these laws inside and out and can guide you through the process.
Texas civil courts have specific procedures for these cases, designed to protect victims who understand how to steer them. An experienced austin truck accident lawyer is essential to protecting your rights. You can learn more about the legal framework at Accident Laws: Austin Truck Wreck Attorney.
The Texas Statute of Limitations
In Texas, you have only two years from the date of your truck accident to file a lawsuit, as dictated by the Tex. Civ. Prac. & Rem. Code. This is a strict deadline.
Two years may seem long, but it passes quickly while you’re focused on recovery. If you miss this deadline, you lose your right to compensation, no matter how strong your case is. Acting quickly is crucial because it allows us to preserve critical evidence like driver logs and maintenance records before they are destroyed.
Understanding Texas’s Comparative Fault Rule
Texas uses a “modified comparative negligence” rule, also known as the 51% bar rule. This rule is critical in nearly every truck accident case we handle in the Austin area.
Here’s how it works: your compensation is reduced by your percentage of fault. If you have $100,000 in damages but are found 20% at fault, you receive $80,000. However, if you are found 51% or more at fault, you receive nothing.
Trucking companies will try to shift as much blame as possible onto you to avoid paying. We know their tactics and use evidence and accident reconstruction experts to prove what really happened. Our experience with comparative fault rules and proving Negligence: Austin Truck Wreck Attorney helps protect our clients’ right to full compensation.
Securing Fair Compensation: What Your Claim is Worth
After a truck accident in Austin, Cedar Park, or Round Rock, a common question is, “What is my case worth?” While every case is unique, there is good news: commercial trucking companies are required to carry substantial insurance policies, often from $750,000 to several million dollars.
As your austin truck accident lawyer, we take a comprehensive approach to calculating your damages. We work with medical and financial experts to project the long-term impact of the accident on your life, which is crucial for the severe and lasting injuries common in truck wrecks. For more details, see Common Truck Accident Injuries.
Types of Damages You Can Recover
Texas law allows victims to recover several types of damages to compensate for their losses.
Economic damages are tangible, documented costs:
- Medical Bills: All costs from the ambulance ride to future surgeries and therapy.
- Lost Wages & Earning Capacity: Current missed paychecks and future income if you cannot return to your previous job.
- Property Damage: The cost to repair or replace your vehicle and other property.
- Rehabilitation Costs: Expenses for wheelchairs, home modifications, and ongoing therapy.
Non-economic damages compensate for intangible losses:
- Pain and Suffering: For physical pain and chronic discomfort.
- Emotional Distress: For anxiety, depression, or Post-traumatic stress disorder related to the crash.
- Disfigurement or Impairment: For permanent physical changes or disabilities.
- Loss of Consortium: For the negative impact on your spousal relationship.
Punitive Damages and Wrongful Death Claims in Texas
In cases of extreme negligence, punitive damages (known in Texas as exemplary damages) may be awarded. Under Texas law, these are not to compensate you but to punish a defendant for “gross negligence” or “malice,” such as knowingly using a truck with faulty brakes. You can learn more about Punitive damages explained.
Tragically, some truck accidents are fatal. In these cases, the Texas Wrongful Death Act allows surviving family members (spouses, children, and parents) to file a lawsuit to seek justice. This compensation can cover funeral expenses, lost future income, and the profound loss of companionship and comfort. The time limits for these claims are very strict, so it is vital to contact us immediately if you have lost a loved one in a truck accident anywhere from Austin to Temple.
Your First Steps and Why an Experienced Austin Truck Accident Lawyer is Crucial
In the chaotic moments after a truck accident on I-35 or MoPac, the trucking company’s rapid-response team is already working to protect their interests. This is why you need an experienced austin truck accident lawyer on your side immediately. Serving families throughout Austin, Cedar Park, Round Rock, and San Marcos, we know the insurance companies’ playbook and how to counter it. Learn more with 5 Reasons to Hire an Austin Truck Wreck Attorney.
What to Do Immediately After a Truck Accident
Your actions right after a crash can significantly impact your case. Follow these steps:
- Prioritize Safety and Call 911: Move to safety if possible and call for police and medical help. Adrenaline can mask serious injuries, and a police report is vital evidence.
- Document the Scene: If safe, take photos of the vehicles (including the truck’s DOT number), road conditions, and any injuries. Get contact information from witnesses.
- Exchange Information: Get the driver’s information but avoid discussing fault.
- Never Admit Fault: Do not apologize or say anything that could be twisted into an admission of guilt.
- Be Cautious with Insurers: Report the accident to your insurer, but do not give a recorded statement to the trucking company’s adjuster. Their goal is to limit their liability.
- Contact a Lawyer: Call us as soon as possible to protect your rights and preserve evidence. For a full checklist, see Steps to Take After a Truck Accident in Austin.
How a Skilled Austin Truck Accident Lawyer Fights for You
When you hire Gibbs & Crivelli, you get a dedicated team. We immediately send preservation letters to secure critical evidence like black box data and maintenance logs. Our deep investigation uncovers not just driver error but also company-wide negligence. We work with experts to calculate the true value of your claim, covering all future medical and financial needs. We negotiate from a position of strength and are always prepared for trial if a fair settlement isn’t offered. Learn more at Settlement vs. Trial: Austin Truck Wreck Attorney.
How Contingency Fees Work for an Austin Truck Accident Lawyer
We handle all truck accident cases on a contingency fee basis. This means you pay no upfront costs. We cover all expenses of building your case, and we only get paid if we win a recovery for you. Our fee is a percentage of the settlement or verdict, which we agree upon at the start. This system ensures you can afford top-tier legal representation and focus on your recovery. Contact Austin Truck Wreck Attorney for your free consultation.
Frequently Asked Questions about Austin Truck Accident Claims
Having helped truck accident victims across Austin, Cedar Park, and Round Rock for over a decade, we’ve answered many questions. Here are answers to the most common concerns.
How much does it cost to hire a truck accident lawyer in Austin?
It costs you nothing upfront to hire an experienced austin truck accident lawyer. We work on a contingency fee basis, meaning we only get paid if we win your case. Our fee is a percentage of the compensation we recover for you. We also offer a free, no-obligation initial consultation to review your case.
How long do I have to file a truck accident lawsuit in Texas?
The deadline, known as the statute of limitations, is two years from the date of the accident. If you miss this deadline, you lose your right to sue for compensation entirely. It is critical to act quickly to protect your legal rights and allow time to build a strong case.
What if I was partially at fault for the accident?
Even if you were partially at fault, you can still recover compensation in Texas. Our state uses a 51% bar rule for comparative negligence. Your compensation will be reduced by your percentage of fault. As long as you are found to be 50% or less at fault, you can still recover damages. The trucking company’s insurer will try to blame you to reduce or deny your claim, which is why having an experienced lawyer is so important.
Conclusion: Take Control of Your Recovery
The aftermath of a truck accident on I-35, MoPac, or any local road in Cedar Park or Round Rock is overwhelming. You’re facing physical, emotional, and financial challenges while the trucking company’s lawyers are already working against you.
At Gibbs & Crivelli, we fight for families throughout Austin, Georgetown, Temple, and Killeen. We understand the complexities of these cases, from federal regulations to insurance company tactics. Our local expertise and commitment to a contingency fee arrangement mean you can focus on healing while we handle the legal battle.
Don’t let the two-year deadline pass or accept less than you deserve. Waiting only makes it harder to build a strong case. Take the first step toward justice and financial security.
Contact an experienced Austin Truck Accident Lawyer today for a free, no-obligation consultation and let us fight for you. Your future is too important to leave to chance.