Trucker Not At Fault For Accident But Could Sue the At Fault Party For Injuries Says Austin Personal Injury Lawyer

Law Firm Newswire



Austin, TX (Law Firm Newswire) November 28, 2011 – Sometimes other vehicles cause big rig wrecks. This fatal case clearly illustrates that.

“In this reported case, it was a clear day, fairly early in the morning, and the roads were good and visibility was fine,” reported Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P. “That didn’t stop the horrific crash that took the life of the Durango driver, putting the truck driver in the hospital to deal with serious injuries.”

The 44-year-old Durango driver was heading west on the highway at the time of the wreck. The big rig, a Kenworth semi, was heading east. Suddenly, the Durango driver crossed the center line and hit the semi head-on, eventually coming to rest in the ditch. The Durango driver never made it to the hospital and died at the scene.

Police were attempting to locate eyewitnesses to this fatal crash in order to determine what went wrong. The Durango driver was alone, and it is not clear why he lost control of his vehicle and veered into the oncoming path of the westbound semi.

“There are many unanswered questions in this scenario. What speed was the Durango going? Was the driver under the influence? Texting while driving? Reaching for something on the floor? Talking on a cell? Experiencing mechanical problems? Falling asleep at the wheel? In other words, there could be just about any reason for this wreck,” Schuelke suggested.

These are questions the police will need answered to determine what happened that fateful day. The answers to those questions will also be relevant to the injured trucker, who may sue the estate of the dead Durango driver to recover compensation for his injuries.

“This case clearly points out that although people always assume 18-wheelers cause accidents, which is often the case, there are instances where the other driver is the at-fault party,” Schuelke pointed out. “Never assume that what you see is what you get in a trucking accident until the facts are all in. For instance, the Durango driver might have experienced a faulty tire blow-out or steering issues, which would not be his fault. It is the evidence that dictates who the defendants are in a wrongful death or personal injury lawsuit.

For those who have been involved in a trucking accident, make the first phone call as soon as possible to the office of an experienced Austin personal injury lawyer. Time waits for no accident victim, and an Austin personal injury attorney needs access to the accident site as soon as possible to build a credible case.

To learn more or to contact an Austin personal injury attorney or Austin injury lawyer, visit

Perlmutter & Schuelke, LLP
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944

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