The Different Types of Truck Accidents

Accidents involving trucks occur very often on highways and the hazardous roads across the country and these truck accidents happen in various capacities. It is hard to predict a collision, so it is important to know and be aware of your surroundings, especially where there are large trucks on the roads.

Factors like the weather and the time of the day may increase the chances of being involved in a truck accident. Types of accidents involving trucks may vary depending on the driver, the driver’s ability to respond to a situation, and the trucking equipment.

Here are some of the most common truck accidents.

Truck Rollovers – This may occur due to high speeds but can also happen when the truck is traveling at a slow speed. If the tires’ grip fails, the vehicle is likely to lose control and may slide sideways resulting to a rollover.

Air brake – Failure of the air brakes means the truck cannot come to a stop especially when traveling downhill.

Jackknife – This is due to instant braking causing the trailer to swing.

Under-ride – This occurs when the there is instant braking and the smaller car behind the truck moves underneath the truck.

Tire blowout – Controlling a truck after a tire blowout is difficult and often results to serious accidents.

Rear-End – Rear-end collisions increase the potential of the damage in an accident. This however depends on the weight of the load.

Head-On – This is when a truck collides with another vehicle moving in the opposite direction. These are among the most dangerous truck accidents.

If you’ve been involved in a truck accident, contact the Austin truck accident attorneys at Terry and Kelly, PLLC for help. Call 512-900-9000 to arrange an initial consultation.

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Who Can File a Wrongful Death Lawsuit?

A wrongful death is a particular type of offense that, while not necessarily criminal, can result in legal action against individuals, companies or government entities. Those who have lost family members in a variety of ways may seek financial compensation from the party whose actions resulted in the death, but they will need the assistance of a wrongful death attorney to help guarantee the successful outcome of their case.

Wrongful deaths are usually accidental, but which stem from the negligent or reckless actions of others. Traffic accidents are the basis of many wrongful death cases, while other lawsuits are related to cases of medical malpractice. Still others result from defective products, including foods and household appliances.

In some cases that are prosecuted as crimes, the responsible party may also held liable for civil damages. A wrongful death attorney can help sort out the facts of a case in order to assure the proper administration of justice.

In Texas, civil action after a wrongful death is reserved for immediate family members. The spouse, parents and minor or adult children of the deceased individual may file for a claim, although this right does not extend to brothers or sisters. If there are no immediate survivors or if surviving family members fail to take legal action within three months of the death, a representative of the deceased person’s estate may seek damages. Compensation can be sought for economic reasons, including financial support for surviving family members, and for personal reasons, including the loss of companionship. In some cases, punitive damages may also be awarded.

If you are considering legal action in the wake of a personal tragedy contact the Austin wrongful death attorneys at Terry & Kelly at 512-900-9000 to discuss your case.

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Proving Fault in a Slip and Fall Accident

To prove fault in a slip and fall accident, the person injured in the accident (also known as the plaintiff when a lawsuit is filed) must prove that the property owner was negligent by a.) causing the dangerous condition and b.) that the property owner knew or should have known about the dangerous condition and done something about it.

The plaintiff can prove that the property owner should have known the dangerous condition was there if a reasonable person in the property owner’s position would have known and done something about it. Whether or not a reasonable person would have known the dangerous condition was there and done something about it is often a matter of common sense for a judge or jury.

Factors that show that the dangerous condition was obvious or had been there for a long time are helpful in showing that a reasonable person would have known. For example, if a damaged part of the carpet or flooring caused the accident, there is a good chance the owner knew about it and should have done something to make that area safer.

If the plaintiff’s own carelessness contributed to the accident, this may reduce his or her chances of prevailing when trying to prove the property owner was at fault. In Austin, Texas, a plaintiff can still recover damages if he or she was partially as fault, as long as that degree of fault was 50% or less when compared to that of the defendant.

If you or a loved one has been injured in a slip and fall accident, you should contact an Austin premises liability attorney. An Austin premises liability attorney can help you file a claim for money damages after you have been hurt. Contact Terry & Kelly, PLLC today for more information.

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Top Causes of Motorcycle Accidents

Bikers know that motorcycle season is in full swing, but not everyone on the road is as aware. With the boom of bikes on the road, comes an increase in accidents. Knowing some of the leading causes of motorcycle accidents and being more aware of them can help you keep the shiny side up. Here’s a look at the most common causes of accidents to help you stay safe on the road.

Drivers not checking blind spots – Motorcycles’ small size and decreased visibility make them more likely to be missed when drivers are checking openings for merging. Stay out of cars blind spots, and be cognizant of potentially merging cars.

Cornering – Many accidents happen because of misjudged severity of turns. Play it safe and corner slowly, especially in wet conditions like those afternoon Austin rain showers.

Drinking and Riding (the most preventable cause) – Make sure that you never drink and ride. Thousands of accidents occur nationwide each year because of riding under the influence. Law enforcement officials are stepping up enforcement as well, so cool off with a beer once you are back home safe, not before you get back on the bike.

If you are involved in an accident, dial 911 immediately and get assistance for anyone injured. If there are no serious injuries, photograph the crash and obtain contact and insurance information from all parties.

If you or a loved one have been sustained injury from a motorcycle accident, contact the Austin motorcycle accident lawyers at Terry & Kelly, PLLC for assistance.

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What You Need To Know About Large Truck Accidents in Austin Texas

Truck accidents are all too common in Texas and specifically in Austin. The US department of transportation recently released some information that was shocking and every native Austinite should be aware of.

For example in 2011 there were 273, 000 large truck crashes. Of those crashes 3,757 people were killed and 88,000 were seriously injured.

Who's at Risk

According to the data from the US department of transportation, 1 out of every 8 fatalities involve a large truck collision. In large truck accidents, 98% of fatalities were the individuals in the passenger vehicle, NOT the the truck driver themselves. In other words, truck drivers can afford to be more reckless driving on the highways because they are almost 50 times more likely to survive an accident should they wreck into you or your family.  Also 68% of all fatal truck accidents occur in rural regions which is a bit surprising at first, but when you think about it, it makes more sense. These 18 wheelers are not likely to be traveling at high speeds in cities and in rush hour traffic. They are much more likely to be traveling at high speeds, and thus be more dangerous, in rural areas.

This infographic from the attorneys at Terry & Kelly in Austin illustrates all this information:

If you or a loved one has been in an accident with a semi truck or 18 wheeler, contact an attorney at Terry & Kelly PLLC today. They provide compassionate legal expertise and will help you recover the damages you are entitled to.