When a commercial semi-truck driver causes a serious accident because of falling asleep behind the wheel or drowsy driving, injured victims may wonder, "Can I hold the trucking company liable?" Under certain conditions, the trucking carrier may share responsibility. Here is how Texas law approaches accidents caused by drowsy truckers and how an attorney can help.

Negligent Hiring and Training

If a trucking company hired a driver they knew or should have known was unqualified or unsafe, they may be liable for negligent hiring. Failing to adequately train drivers on compliance with sleep regulations could constitute negligence as well. Plaintiffs should gather driving history and training records. Look for any red flags like sleep disorders or past drowsiness issues that should have been caught.

Encouraging Overwork

Trucking companies that encourage or demand overwork through unrealistic delivery timetables can also be deemed negligent. Evidence of dispatch logs, bonus incentives for faster driving, and undue pressure to meet routes could help prove negligence claims. A culture of pushing drivers beyond safe limits suggests negligence.

Being in a rideshare accident can derail your life and leave you with mounting medical bills, lost income, and ongoing disability. You deserve full and fair opportunity to provide proof. Building a strong claim for your vehicle accident requires gathering the right evidence from the start. What key proof should you collect for your Texas lawyer?

Documenting Key Crash Details With Police Reports

Secure a copy of the official police report, which contains vital details about how the crash occurred, based on an officer’s investigation. Ensure it accurately reflects your recollection of events. Confirm that parties, vehicles, road conditions, witness statements, and all relevant facts are included. Photos taken by police provide visual evidence.

Proving Your Injuries With Medical Records

Comprehensively document your diagnoses, treatment, prognoses, and costs over time. Keep records of doctor visits, physical therapy, medications, assistive devices, and all care recommendations. Detail how injuries impair your mobility, activities, and quality of life. Have doctors assess how your health is impacted long-term through written reports.

Online shopping is an integral part of our lives in today's fast-paced world. Companies such as Amazon, UPS, and FedEx have revolutionized the retail industry with their swift and efficient delivery services. Unfortunately, the increased number of delivery vehicles on the roads has also led to more delivery accidents. If you find yourself injured by a delivery truck, seeking legal guidance from a knowledgeable personal injury attorney is vital to ensure you receive the compensation you deserve and to hold the responsible parties accountable for their actions.

Determining Liability and Negligence

As one of the largest e-commerce giants, Amazon operates under a complex web of contracts with various delivery service providers. The extent of Amazon's liability in an accident involving an Amazon Prime truck depends on the specific circumstances of each case. In some situations, Amazon may attempt to shield itself from liability by arguing that the delivery driver is an independent contractor rather than an employee. However, recent legal trends have seen more cases holding companies such as Amazon partly responsible for the actions of their contracted drivers.

Understanding Negligence

Personal injury cases in Texas are often determined based on the principle of negligence. Negligence occurs when a person does not exercise the level of care that a reasonable person would under similar circumstances, thereby causing harm to others. When an accident occurs involving a delivery truck, several parties could potentially be found negligent:

Texas is known for its vast highways and bustling trucking industry, so it is no stranger to 18-wheeler accidents. These colossal vehicles, while vital for transporting goods across the state and beyond, can also pose significant risks to other road users.  

Suffering injuries in an 18-wheeler accident can be a harrowing experience, leaving victims with physical, emotional, and financial burdens. If you are injured in an 18-wheeler accident, seeking the right attorney to litigate your case is critical to ensure justice and fair compensation.

Preparing for Trial

While many personal injury cases, including those involving 18-wheeler accidents, are settled out of court, your attorney will prepare your case as if you were going to trial. This approach demonstrates a strong commitment to securing the best possible outcome for you. If negotiations do not yield satisfactory results, your attorney will be ready to present your case effectively in front of a judge and jury.

For Texans, clicking on a rideshare app to request a ride has become so easy and practical. However, unlike commercial vehicle drivers, Lyft or Uber drivers are not required to receive specialized training or obtain a commercial driver's license. So what happens if you are injured in a Lyft or Uber accident?

Proving Negligence in a Rideshare Accident

You will probably want to seek compensation from the driver who caused the accident and your injuries through a personal injury claim. This is usually done through the insurance company of the defendant. To have a successful case, you will need to prove the following elements:

• The driver of your rideshare or another driver on the road owed you a duty of care, which was to drive with caution and follow traffic laws while driving

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Construction workers have one of the most dangerous jobs. In 2021 construction work was the industry with the most fatalities. The risks are numerous, from falling off a roof to being wounded while operating heavy machinery, and the potential injuries can be life-altering. If you or a loved one has sustained an injury while working at a construction site, third parties may be responsible for your injuries. At Alford & Clark Injury Attorneys, our San Antonio construction injury lawyers can help establish third-party liability so that you can recover the compensation you deserve.

Third Parties

In the construction industry, it is essential that all equipment be adequate for employees to perform their necessary tasks. The equipment should also be marked with safety features and warnings. A company that manufactures and distributes construction equipment may breach its duty of care if the tools or products are not properly designed or assembled. At Alford & Clark Injury Attorneys, we can determine if the best course is to pursue a third-party product liability claim against the manufacturer by conducting an investigation, gathering testimony from other employees, and looking into OSHA reports.

There are circumstances in which you may be able to trace equipment failures back to a person or another company that is not your employer. The following are some potential third parties that may be to blame for your injuries:

At Alford & Clark Injury Attorneys, we know that no amount of money can replace the life of your loved one. However, when you suffer a devastating loss as a result of another person’s negligence, you may want to seek compensation. The unexpected death of your relative killed in a traffic accident will no doubt affect several members of the family. But the state of Texas limits who may sue for wrongful death in court. Although you can never be truly compensated for your loss, the attorneys at Alford & Clark Injury Attorneys, we are here to help.

Who Can File a Wrongful Death Claim?

A wrongful death is a death that could have been prevented if the party at fault had used an appropriate level of care regarding your family member’s safety. The Lone Star state established the Texas Wrongful Death Act, which allows certain family members to sue for damages when a relative is wrongfully killed. Under the law, the family members that can file a claim include the parents of the deceased, a spouse, and children of the deceased, whether they are biological or adopted. These family members do not have to each file a lawsuit individually. One person can bring a suit on behalf of those who qualify. These beneficiaries can file a claim for compensation for mental anguish and suffering too.

Unfortunately, stepchildren that have not been adopted, grandparents, or unmarried romantic partners of the deceased are not legally able to file a wrongful death lawsuit in Texas.  

The Lone Star State has 90,000 miles of public highways enabling the trucking industry to play a vital role in the state’s economy. Unfortunately, 117,300 large trucks were involved in accidents in 2021 resulting in injuries. That is a 12 percent increase from 2020 and 63 percent of those accidents occurred during the day. With so many people caught up in traffic, accidents with an 18-wheeler are bound to happen. At Alford & Clark Injury Attorneys, we understand that the effects of a serious injury quickly put a family at risk of financial ruin.

Causes of Truck Accidents

To establish liability for your injuries and damages, it is important to look for evidence that a trucking company may try to hide. Often truck drivers and trucking companies are to blame for the following reasons:

• Driver fatigue may have led the truck driver to violate regulations dictating the number of hours they should drive even though they may have felt drowsy.

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The number of fatal truck accidents is the highest in the state of Texas. In 2020, commercial truck crashes led to nearly 600 deaths. Texas accounts for nearly 13 percent of all fatal trucking accidents in the United States. Driving a commercial truck is not the same as driving a passenger car. These trucks carry a massive amount of weight and extensive training is needed to maneuver such vehicles. It is the responsibility of trucking companies to ensure not only that their fleet is safe to drive but that the drivers are fit for the job. If this is not the case, the trucking company could potentially be held liable for any accidents and injuries they cause.

Negligent Hiring

The practice of hiring commercial truck drivers is a big responsibility. Drivers must demonstrate they have a history of safe driving and are medically able to operate these massive vehicles. Failing to exercise reasonable care to hire a qualified and experienced truck driver should be penalized. Commercial truck drivers may seem qualified on paper but more needs to be done to ensure everyone is safe on the road. Truck driver candidates may have a commercial driver’s license or CDL and they may have carried loads of cargo for several companies. However, employers who are in a rush to get more drivers on the road may be deemed guilty of the following negligent hiring practices:

• Hiring a driver with a history of unsafe driving

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We have all seen Prime delivery vans speeding through neighborhoods, maneuvering around cars, and parking right smack in the middle of a road. Although most consumers value the fast delivery service, this is a convenience that may come with a risk for other motorists and pedestrians. In 2021, a study found that one in five Amazon delivery drivers suffered job-related injuries, many of which involved an accident on the road. If you or a loved one has been injured in an Amazon delivery accident you may be entitled to financial compensation for your injuries.

The Harsh Reality for Amazon Drivers

Any type of vehicle accident can lead to painful injuries, not to mention great financial losses. In instances when you are not responsible for the accident, you should not have to bear this heavy burden alone. The responsibility should lie on the driver who caused the accident. It is no secret that Amazon pressures its delivery drivers to make a mass amount of deliveries each day. While Amazon requires contracted delivery drivers to check their vehicles at the start of their shift, it has been reported by drivers that they are allegedly pressured to ignore vehicle damage and complete the inspections as quickly as possible in order to meet quotas.  

Establishing Liability

Amazon should be responsible for the actions of its delivery drivers. The company maintains control over its entire operation and has established rules and policies for drivers to follow including schedules and routes. After all, they wear Amazon uniforms and drive vehicles with the Amazon logo. These drivers are required to follow rules set forth by Amazon, therefore, if you are injured by one of its drivers you may be able to take legal action and hold the company responsible for injuries that occurred because of its policies.

Slips, trips, and falls in the United States are among the top three causes of accidents suffered at work. Injuries such as sprains and tears often lead Texans to take time off of work and have to pay costly medical bills. Most people think that the state workers’ compensation program will take care of everything but there are limitations. In Texas, private employers are not required to carry workers’ compensation insurance. So what are your options? Here we will explore third-party liability.

Who Can Be Liable for My Injuries?

In most states, if an employer subscribes to the state insurance fund employees are legally barred from suing the employer in civil court. You may receive benefits that may not fully cover your expenses. In some cases, you may be able to take legal action against other parties at the worksite who are partially responsible for your injuries. If you can demonstrate that a third party caused your injury at work, then you can file a personal injury lawsuit against that company or person to recover damages.

This is especially significant in construction jobs where there are all sorts of hazards not to mention the complications of these types of job sites often involving subcontractors. It is an industry in which precautions and safety measures must be implemented and enforced to minimize the risk of injuries. You may be able to bring a claim against one or more parties if some of the following third parties were negligent and caused your injuries:  

Nearly 5,000 fatal crashes in the United States involve large trucks each year. It is no secret that a large truck has greater momentum especially when loaded with cargo. That alone can lead to a greater impact and drivers in smaller vehicles can suffer serious injuries. When truck accident injuries occur, the consequences can be serious. Financial costs quickly mount and you may be unsure who is responsible for your injuries. At Alford & Clark Injury Attorneys, we have represented clients in a variety of truck accident cases and understand the safety issues and forms of negligence that are often committed by truck companies. We will fight to try to ensure that you are properly compensated.

Weight Limits

There are weight limits for commercial vehicles to ensure that trucks are operated safely. Unfortunately, some companies violate these laws and overload the trucks. These practices are not only dangerous to the driver but to everyone else on the road.

An overloaded truck is more difficult for a driver to control. More time and distance will be needed to slow down. At high speeds, a top-heavy vehicle is likely to roll over. On the other hand, if cargo is not loaded properly it could lead to dangerous accidents. When cargo is not evenly spread out, the truck can be harder to control, especially when it comes to lane changes and turns.

Semi-trucks, box trucks, flatbeds, dump trucks, and 18-wheelers are much larger than typical vehicles on the road. Consequently, the damage caused in a commercial truck accident is often severe. If you or someone you care about was hurt in an accident, it is important to explore your legal options. A truck accident injury claim may provide justice as well as financial compensation for vehicle damage, medical bills, pain and suffering, and other damages.

We often assume that the driver of a commercial vehicle is the one responsible for the crash. However, sometimes, problems with the vehicle itself are to blame for an accident. Commercial trucks are complex machines with thousands of moving parts. If trucks are not maintained properly, any number of malfunctions can occur, resulting in dangerous and potentially deadly accidents.

Crashes Caused by Irregular Maintenance and Repair of Commerical Trucks

Maintenance and repair issues can lead to serious accidents. Defective brakes, worn tires, steering mechanism defects, loose suspension components, and missing lights and mirrors are just a few of the problems that can cause catastrophic truck wrecks. 

The National Highway Traffic Safety Administration estimates that drunk driving is responsible for approximately a third of all traffic fatalities. Just recently an 8-year-old girl was killed in an accident caused by a drunk driver in San Antonio.

If your loved one passed away in a crash caused by a drunk driver, this is not simply a statistic - it is your reality. Losing someone because of another person's irresponsible behavior behind the wheel is devastating. Many families grieving the loss of a loved one must also contend with massive medical bills and other financial losses as a result of the death. In Texas, a wrongful death claim may allow for the recovery of financial compensation for these losses.

What is a Wrongful Death?

Texas law defines wrongful death as “the death of an individual caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another.” If another driver's illegal actions or negligent driving caused the crash that took your loved one's life, you may be able to file a claim and recover damages.

Gray and blue Amazon delivery vehicles can be found in nearly every major city and small town, delivering packages to doorsteps across the country. While Amazon has earned a reputation for service and speed, their delivery vans also come with an unexpected danger: accidents.

If you or a loved one were injured in a crash caused by an Amazon vehicle, you may be unsure of your legal options. Most Amazon delivery vehicles are owned and operated by independent contractors, meaning the company may argue that it is not liable for any damages caused in a crash. However, there are still ways to pursue compensation after a crash involving an Amazon vehicle.

Car Accidents Caused by Amazon Delivery Vehicles

Being involved in any type of car accident can lead to expensive financial losses and painful injuries. However, Amazon accidents are often especially complicated from a legal perspective. If you were injured in an accident involving an Amazon delivery van or truck, it is a good idea to meet with a lawyer as soon as possible to discuss your legal rights and options. Your lawyer can help determine who is responsible for paying medical bills and other damages related to the accident.

Large flatbeds, semi-trucks, tractor-trailers, and other large commercial vehicles are a common sight on the highways of every state. They transport goods all over the country, making them an essential part of our economy. However, when responsible hiring practices are not followed by trucking companies, semi-trucks can become dangerous weapons on the roads.

Trucking companies must carefully vet their employees to ensure they are qualified and safe drivers. This includes conducting background checks, verifying references, checking driving records, or requiring medical exams. However, some companies cut corners when hiring semi-truck drivers by not properly verifying qualifications or overlooking signs of dangerous driver behavior.

If you or a loved one were involved in a crash with a semi-truck or other commercial truck, a personal injury attorney experienced in truck accident claims can help you determine if negligent hiring practices led to the crash. The trucking company may be required to reimburse you for your medical expenses, lost wages, pain and suffering, and other damages.

In addition to allowing someone to enjoy the warm weather Texas offers nearly all year round, riding a bicycle instead of driving a car goes a long way toward reducing a cyclist’s carbon footprint and protecting the environment. Additionally, people who cycle to work, school, or other obligations tend to be in better physical and emotional health.

Unfortunately, riding a bike instead of driving is not without its risks. Careless drivers often do not check for cyclists in the road and cut off cyclists, open their doors into a cyclist’s path, or pull out in front of cyclists, putting the cyclist in danger of serious injury or death. If you or someone you love has been hurt or killed in a bicycle crash with a motor vehicle of any kind, it is essential to understand your legal options for seeking financial compensation to aid in your recovery.

Can a Bike Rider Sue a Car that Hit Them?

In most cases, vehicles are responsible for yielding the right-of-way to bicyclists. Cyclists are required to follow the rules of the road, just like drivers, but when a cyclist needs to slow down, stop, travel slower than motor vehicle traffic, or make a turn, cars and other vehicles are responsible for granting the right of way and keeping the cyclist safe.

Few of us can get away from the need to regularly drive, and the boredom of sitting in traffic or the frenzied rush of the morning commute can make it hard to give our full attention to the road in front of us. Despite laws against texting and driving, car accidents due to distracted driving are on the rise and over 3,000 people die in distracted driving-related car crashes every year.

While the reasons for being distracted while driving are many and varied, fundamentally there is no excuse for endangering other people on the road. The vast majority of serious car accidents could be avoided if people were simply willing to wait to address the distracting elements in their vehicles. If you have been badly injured or had someone you love killed in a car crash caused by a driver who was not paying attention to the road, you know this better than anyone and deserve the help of a skilled Texas personal injury lawyer.

What Kinds of Distractions Cause the Most Accidents?

Distractions while driving come in many forms. Teenagers are often most susceptible to being distracted, both by their phones and their friends. However, adults are often distracted as well, and fail to give their full attention to the road because they are giving it to:

Motorcycles are notorious for getting into accidents frequently, and while there are certainly motorcycle drivers who take unsafe risks, many accidents are caused by other, larger vehicles that simply fail to see motorcycles. Inexplicably, the most common explanation given by drivers who hit motorcyclists is simply just: “I didn’t see him.”

While this may seem implausible or even impossible for motorcycle drivers, especially those exercising caution, new research suggests this may very well be true, thanks to a phenomenon called “inattentional blindness.” However, regardless of whether the driver of a vehicle that struck a motorcycle saw the cycle or not, it does not absolve them of responsibility for their actions. If you have been hurt in a motorcycle accident, you deserve help from an assertive personal injury attorney who can help you pursue compensation for your injuries.

What Is Inattentional Blindness?

In many cases of motorcycle accidents, drivers of other vehicles appear to look right into the path of the oncoming motorcycle, and, in many cases, directly at the motorcycle itself - and then pull out anyway. Researchers suggest this is because drivers are receiving an enormous amount of information, not all of which the brain can process or respond to. For an unknown reason, drivers appear to simply not see motorcycles as threats on the road as often as they do other objects, such as taxis - even when the driver demonstrates theoretical awareness that the motorcycle is just as likely to be on the road as a taxi.

In a tragic accident on the Southwest Side of San Antonio, one person was killed and three teenagers were injured after the driver of the car lost control, drove off the highway, and crashed into a fence. The car flipped over and three of the victims were ejected from the car. While investigators are still gathering data on the accident, according to police, the driver of the car was speeding.

Being in a car with a speeding or reckless driver can be a terrifying experience. When bad driving leads to a car accident, passengers can end up injured or even killed through no fault of their own. When this happens, victims of the crash or their families may wonder whether they can hold the driver responsible.

Are Vehicle Drivers Responsible for Passenger Injuries?

If a car’s driver causes an accident, with or without another vehicle being involved, passengers have the right to hold the driver liable for their injuries. However, proving that the driver was responsible for causing the crash can require some investigation. Crash investigators can help determine the cause of an accident, as can having the following information: