Austin Truck Accident Attorney

Complex liability for truck accidents in Austin

Much of the increased complexity of truck accidents comes from the need to determine liability and pursue damages within strict regulatory frameworks. At Smith & Vinson, we’re familiar with and prepared for these difficulties, which come in the following forms:

• Federal regulations. Commercial trucks must comply with extensive Federal Motor Carrier Safety Administration (FMCSA) regulations that govern everything from driver qualifications and hours-of-service to vehicle maintenance and cargo securement. Violations of these regulations can establish negligence.
• Multiple potential defendants. Liability may extend beyond the driver to include:
  • The trucking company, which may be vicariously liable for driver actions
  • Vehicle or parts manufacturers if defects contributed to the accident
  • Maintenance providers who failed to properly service the truck
  • Cargo loaders who improperly secured freight
  • Government entities responsible for unsafe road conditions
• Corporate defense teams. Trucking companies and their insurers typically deploy massive teams of attorneys to limit their liability. They often have substantial resources to fight claims.
• Texas liability laws. Texas follows modified comparative negligence rules, meaning your compensation may be reduced by your percentage of fault. If you're found more than 50% responsible, you cannot recover damages.

What kind of lawyer do I need to sue a trucking company?

When pursuing a claim against a trucking company, you need more than just any personal injury attorney — you need a lawyer with specific qualifications and experience in commercial truck litigation. The ideal attorney should have:

• Specialized knowledge. Your attorney should thoroughly understand the federal and state regulations governing the trucking industry, including FMCSA rules, Texas transportation laws, and industry standards.
• Experience with trucking cases. Look for a lawyer who has a proven track record of handling and winning truck accident cases, not just general auto accidents.
• Resources for investigation. Successful truck accident litigation requires substantial resources to investigate thoroughly, hire expert witnesses, and build a compelling case. Your attorney should have access to accident reconstructionists, medical experts, economic analysts, and other specialists.
• Trial experience. While many cases settle, your attorney should be a seasoned trial lawyer capable of effectively presenting complex evidence to a jury if necessary. It will often convince trucking and insurance companies to settle rather than go to court.
• Experience with catastrophic injuries. Because commercial truck accidents often result in severe, life-changing injuries, your lawyer should have experience calculating and proving damages for catastrophic injuries, including future medical needs and long-term care.

Additionally, you should look at personal injury firm reviews for any law firm you’re considering hiring. Make sure that previous clients are happy with the service they received, and that they reference the things we mentioned above. 

What damages are available for truck accident victims?

Truck accident victims in Texas may be entitled to compensation that extends far beyond the scope of their initial medical bills. Damages from a lawsuit should cover both the immediate and long-term impacts of your injuries, which will likely take some negotiation. Damages after a truck accident typically fall into the following categories. 

Texas law doesn't cap compensatory damages in most truck accident cases, though punitive damages are limited to the greater of: (1) twice the amount of economic damages plus an amount equal to non-economic damages (up to $750,000), or (2) $200,000.

At Smith & Vinson, we work closely with medical professionals, life care planners, and other experts to fully document and quantify your damages. We fight for maximum compensation that truly reflects the full impact of your injuries on your life, your family, and your future.

How much are most truck accident settlements?

Truck accident settlements vary significantly based on the specific circumstances of each case. While no attorney can guarantee a particular outcome — and you shouldn’t trust one who does — settlements in commercial truck accidents typically range from the hundreds of thousands to millions of dollars, substantially higher than average car accident settlements.

There are a number of things that will influence the value of your truck accident claim:

• Severity of injuries. Cases involving catastrophic injuries such as traumatic brain injuries, spinal cord damage, amputations, or severe burns typically result in higher settlements to cover extensive medical treatment and lifetime care needs.
• Insurance coverage. Commercial trucks must carry substantial insurance policies — often with minimum coverage of $750,000 to $1 million, and frequently much higher. This means more funds are potentially available for compensation compared to passenger vehicle accidents.
• Clear liability. Cases with indisputable evidence of the trucking company's negligence typically settle for higher amounts than cases with contested liability.
• Economic impact. Higher settlements correlate with greater economic losses, including significant medical expenses, lost income, and reduced earning capacity.
• Attorney experience. Working with attorneys experienced in truck accident litigation often leads to higher settlements, as they understand how to properly value claims and build compelling cases.

How much does a lawyer get from a car accident settlement in Texas?

Most personal injury attorneys in Texas, including truck accident lawyers, work on a contingency fee basis. This fee structure allows accident victims to secure quality legal representation without paying any upfront costs.

Smith & Vinson is no different. If we don’t win your case, you pay nothing for our services. 

You may be thinking that an attorney would just take money away from the settlement you’re owed — but this is a massive misconception. Unfortunately, without a skilled truck accident lawyer at your side, you’re unlikely to get a settlement that covers the true extent of your injuries. Insurance companies may pay for your initial medical bills, but they’re unlikely to compensate you for pain and suffering, lost wages, or the future complications caused by your injury. 

Why choose Smith & Vinson for your truck accident case

Who you choose to represent you after a truck accident can make all the difference in your settlement. Some of the advantages of choosing Smith & Vinson to defend you include the following. 

1. Proven results. Our firm has a long history of taking difficult cases into courthouses and walking out winners.
2. Resources to match the opposition. Trucking companies deploy substantial resources to defend accident claims. We counter with our own network of investigators, accident reconstruction specialists, medical experts, and other professionals who strengthen your case.
3. Personal attention. You'll work directly with our experienced attorneys, and will have someone available for you 24/7 during your case.
4. Courtroom reputation. Our attorneys are respected trial lawyers with a reputation for thorough preparation and effective courtroom advocacy. This reputation often encourages more favorable settlement offers, as opposing counsel knows we're prepared to take cases to trial when necessary.
5. No upfront costs. We advance all case expenses and only collect attorney fees when we successfully recover compensation for you.