When a collision occurs involving a box truck, the potential injuries can be serious. Due to the height of the cab, the blind spots created, and the additional distance required to stop, collisions involving box trucks have the potential to cause serious harm. If you have been injured in a collision with a Dallas rental moving truck, a Dallas cube van, or a commercial box truck, you want a Dallas attorney who understands how to successfully handle your box truck claim and identify the critical pieces of evidence that will support your claim. At Jay Murray Law, we represent box truck accident victims by becoming personally involved in their claim. This means that our attorneys visit the accident scene, photograph the skid marks and debris pattern left at the accident scene, and speak with witnesses prior to the information being forgotten. We have witnessed numerous claims where waiting just a couple of days to investigate resulted in missing important information that could have made the difference in the outcome of the claim.
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(214) 855-1420Why Box Trucks Are Hazardous
Box trucks do not drive like automobiles. They are more susceptible to rolling due to their elevated center of gravity, particularly when traveling in a curved line or rapidly changing lanes. Also, the cargo area creates a blind spot to the rear of the vehicle, requiring the driver to rely upon the use of the side mirrors, which cannot completely eliminate the blind spots.
A significant factor contributing to this increased hazard is the weight of the vehicle. With the GVWR of a fully loaded box truck exceeding 12 times the weight of a sedan, the laws of physics do not discriminate against size. The momentum of the vehicle continues to carry its mass forward after the brakes are applied. As a result, the additional distance required to stop increases significantly, particularly when the truck is carrying a heavy or poorly balanced load.
Many of the box truck operators in Dallas are operating a vehicle of this size for the first time. Pursuant to Texas statute, a commercial driver’s license is not required to operate a vehicle with a GVWR of less than 26,001 lbs; therefore, the operator can operate the vehicle using a standard Class C license. For example, someone renting a truck to move their apartment on a Saturday morning likely has no experience operating a vehicle of this size and does not understand how wide the vehicle is, how much room they need to maneuver through a curve, or how early they need to begin applying the brakes.
Combine the lack of experience with the pressure to complete deliveries quickly, unfamiliarity with the street layout, and distractions from the use of GPS navigation, and the chances of the driver taking unnecessary risks increase. Drivers who are in a hurry to meet deadlines may exceed the speed limit, cut corners, or perform other hazardous maneuvers that they would not normally attempt in a smaller vehicle.
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Reasons Why Box Truck Accidents Happen
Poorly Secured Cargo
Cargo within a box truck can shift during travel and can destabilize the truck. When cargo is not adequately secured to prevent shifting during a turn, the truck can lose stability. Unfortunately, most individuals who rent box trucks are not trained in the proper way to load the truck, including how to properly secure heavy furniture or appliances. Most rental companies do not provide instructions to their customers regarding how to properly load the truck and how to secure the cargo. Even professional movers can fail to properly secure the cargo, including using straps or padding to prevent the cargo from shifting during transport.
Overweight/Overloaded
Every box truck has a maximum weight limit; however, the operator of the truck does not always verify the weight of the cargo before transporting it. If the cargo exceeds the maximum allowable weight, it will affect the braking capabilities of the vehicle, the handling characteristics of the vehicle, and the structural integrity of the vehicle.
Inadequate Training/Driver Experience
The majority of individuals who rent box trucks are not experienced professional drivers. They may have limited experience operating large vehicles and limited knowledge of how the blind spots, turning radii, and braking distances of the vehicle differ from those of a passenger automobile. Prior to renting the truck, the rental companies typically give the customers a brief walk around the vehicle and then hand over the keys. There is no training provided to the customers on how to safely operate the vehicle.
This lack of training/experience is demonstrated by how the drivers enter and exit traffic, by how they assess the clearance necessary to navigate underneath bridges or in parking garages, and by how they react in emergency situations. A sudden obstacle in the roadway can cause the driver to panic-brake or over-correct, which can result in a severe accident.
Reckless/Speeding Drivers
Some box truck operators operate the vehicle similarly to an oversized automobile. They may speed, tailgate, or change lanes without sufficient warning to surrounding motorists. Some delivery drivers who are working on a tight schedule may take unnecessary risks that would be unjustifiable if they had more time. The greater size and weight of the box truck compared to a passenger vehicle multiply the risks associated with reckless/speeding behavior.
Maintenance Issues
Rentals fleet turns over quickly. Trucks are constantly coming and going, sometimes several times per day. Tire treads wear down, brake pads degrade, and mechanical failures occur. If the rental company does not maintain the trucks and perform regular inspections and repairs, the issues that arise with each truck are transferred to subsequent renters and other motorists on the roadway.
We have handled box truck accidents resulting from brake failure, tire blowouts, and faulty steering mechanisms. When a rental company cuts corners to save money on maintenance, innocent people are harmed.
Injuries/Costs Associated with Box Truck Accidents
Collisions involving box trucks frequently result in serious injuries. The size and weight disparity between a box truck and a passenger vehicle means the passenger vehicle will absorb the majority of the force of the collision. We have represented clients who suffered from traumatic brain injuries, spinal cord injuries, fractured bones, and internal injuries that required surgery.
Lower speed collisions can also result in soft-tissue injuries, whiplash, and concussions. Although the injuries may appear minor immediately following the accident, some injuries may develop over the course of several days or weeks. Therefore, it is essential that the victim receives medical treatment promptly after the collision, regardless of how he feels.
Possible compensation in a box truck accident includes payment for medical costs, loss of income, damaged property, and pain and suffering.
If the injuries sustained in the collision are permanent or require long-term care, future medical expenses, reduced earning capacity, and diminished quality of life can be included in the claim. In cases where extreme recklessness or intentional disregard for safety is proven, punitive damages may also be awarded.
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Potential Parties Responsible for Your Damages
Determining who is responsible for a box truck accident can be complex. Depending on the circumstances of the accident, there may be more than one party responsible for your damages.
The Operator of the Vehicle
The driver is generally considered to be the primary party responsible for any accidents that occur while they are operating the vehicle. However, the driver may not be the only party responsible. If the driver was negligent in the operation of the vehicle (e.g., speeding, distracted), they may be found liable for the damages. However, the owner/operator of the vehicle and/or employer may also be held liable.
Owner/Operator/Employer of the Vehicle
If the owner/operator of the vehicle or their employer negligently hires a driver, fails to provide the driver with the appropriate training, or negligently pressures the driver to meet unrealistic delivery deadlines, the owner/operator and/or employer may also be found liable. Employers are responsible for the actions of their employees while they are performing their job duties pursuant to the “respondeat superior” theory.
Rental Company
Rental companies have responsibilities as well. They are required to ensure that their vehicles are in good working order and are inspected prior to rental to a new customer. If a brake failure or tire blowout occurred as a result of a defective part that was known or should have been known by the rental company, they may be liable for the damages.
Companies Responsible for Cargo
Companies responsible for loading cargo onto the vehicle may also be liable for the damages if the cargo was improperly loaded and/or secured. If a third party loaded the cargo and failed to properly secure it, they may also share liability for the damages.
Defective Products
Additionally, manufacturers of the vehicles may be liable for damages if the defect in the vehicle caused the accident. Manufacturers of defective products may be liable for damages under product liability laws.
Steps to Take Following a Box Truck Crash
The actions taken by you immediately following a box truck crash will likely impact your ability to collect money as compensation for your damages. Below are some tips on what to consider during this time frame.
- Immediately Call 911. You want the police to arrive at the scene of the crash to document the incident (through a police report), and you want paramedics to check for injuries. Don’t assume you’re uninjured because of adrenaline masking your pain and symptoms; let trained medical personnel make this determination.
- Document Everything You Can. Take photographs of all vehicles involved in the crash, the surrounding environment, skid marks, debris, signs and/or signals, and any adverse weather conditions. Use your smartphone camera if you have one. Photograph the box trucks’ license plates, the name of the company that owned/rented the truck, and any damage to the truck. Also, capture the position of both vehicles prior to them being moved, if possible and safe to do so.
- Obtain Information from Other Driver(s). This includes their names, contact information, insurance information, and driver’s license numbers. If the truck was rented or was a commercial vehicle, obtain the identity of the owner of the truck and who employed the driver.
- Talk to Witnesses. If there were any witnesses to the crash, obtain their contact information. Witness statements can help verify what occurred, especially if the other driver provides conflicting versions of events.
- Seek Medical Treatment Right Away, Even if You Feel Fine. Many times, injuries do not display symptoms until later. Having a medical record documenting your condition shortly after the collision will aid in establishing that your injuries resulted from the collision rather than occurring subsequently due to another event.
- Do Not Provide a Recorded Statement to the Insurance Company of the Other Driver Without First Consulting an Attorney. Although insurance adjusters may appear to be friendly and helpful, their purpose is to limit the amount paid out by the insurance company. Any statements made to the insurance adjuster can be used to lower or deny your claim.
- Keep Track of All Expenses Related to the Collision. These include medical bills, repair estimates for damaged property, documentation of lost wages, and correspondence from the insurance company.
- Contact a Lawyer Who Specializes in Box Truck Collisions. The sooner you retain counsel, the sooner counsel can begin gathering evidence, identifying responsible parties, and defending your interests.
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What Our Lawyers Can Do to Help
Our lawyers will not wait for evidence to develop. Upon retaining Jay Murray Law, we will visit the scene of the collision and take measurements, photographs, and note any specific characteristics of the scene that may not be reflected in the police report. Additionally, our attorneys will speak with witnesses prior to their memories fading and prior to the witness being influenced to alter their memory of the incident.
Additionally, we will collaborate with accident reconstructionists, who can analyze skid marks, the extent of vehicle damage, etc., to assist in determining the manner of the collision and which party was at fault. Furthermore, if a mechanical failure contributed to the collision, we will engage with engineers to investigate the vehicle and to identify any defects or lack of proper maintenance.
Part of what we do is deal with insurance companies. Box truck collisions frequently involve multiple types of insurance, including the driver’s personal coverage, the commercial coverage of the trucking company, and the liability coverage of the rental company. We will negotiate with the insurance company and defend against attempts by the insurer to offer you less than you deserve or deny a valid claim.
If a reasonable settlement cannot be negotiated, we will proceed to trial. We have extensive experience representing our clients in Dallas courts, and we know how to effectively present evidence, question witnesses, and persuade a jury of the merits of your case.
We also recognize the financial strain caused by serious injuries. Medical bills accumulate, income ceases, and the insurance company does not rush to compensate you. Therefore, we represent our clients on a contingent fee basis, meaning that you do not pay for our services unless we recover compensation for you.
Free Consultation and Case Review
If you have been injured in a box truck collision in Dallas, we would be happy to evaluate your case free of charge. We will hear your account of the collision, explain your available legal options, and provide you with an honest assessment of what your case may be worth.
You may contact us via telephone or by using the contact form on our website. We will also provide you with a checklist detailing the steps to follow after an accident, to ensure you do not overlook any factors that could negatively impact your claim.
You may also utilize our case value calculator to gain an estimate of the potential compensation available to you, based upon the facts and circumstances of your case. This is not a guarantee of what you may recover, but it will serve as a baseline for estimating what you may be eligible to receive as compensation.
Box truck collisions result in significant harm. If someone else’s negligence placed you in the hospital, or if someone else’s negligence prevented you from working, you should be entitled to receive compensation. We will handle the litigation process while you focus on your recovery.
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