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| Houston trucking accident attorney |
Houston trucking accident attorney
Our law firm provides legal advice and lawsuit representation after a truck accident involving the negligent operation of an 18 wheeler or tractor-trailer or truck on Houston, Texas roads.
WHAT ARE THE LAWS GOVERNING TRUCK ACCIDENT CLAIMS IN HOUSTON, TEXAS?
The laws governing Texas truck accident claims are very similar to people who are driving cars. The major differences are that in trucking accidents, it is very important to have a Houston truck accident lawyer who understands how to win these cases. Most companies are required to keep a log with the truck, which includes proper maintenance of the vehicle. Individual truckers and companies must have proper logbooks, training for drivers, which includes the various things they are carrying on their rigs or trailers.
If they are not properly trained, it could be dangerous for them to be out on the road. It is very important that you look for things such as, whether the driver has taken on too many runs, that he hasn’t had proper sleep. All these things are in the logbooks and are informed that you can use in a case.
Trucking companies have governors that regulate the speed on the truck, GPS systems that can tell you exactly the details of the driver’s trip. This can include any detours or any problems along the way. These are all the types of things that are very important for Houston truck accident attorneys in developing a case to maximize the biggest reward possible.
HOW IS THE LEGAL PROCESS DIFFERENT WITH ACCIDENTS INVOLVING BIG RIGS IN TEXAS?
The difference in the legal process is you are dealing usually with big companies that can have their own adjustors on a case, or they can have outside insurance adjusters. A lot of times these big companies monitor what is paid out on a claim because they have what’s called the “self-insured retention” were the first bits of money, maybe $50,000.00, $100,000.00, or $1 million.
This comes out of their own pocket before any insurance money is paid out. These cases are closely scrutinized and these companies are not going to pay any money unless a Houston, Texas truck accident lawyer knows exactly what you are doing.
HOW DO YOU PROVE THE COMMERCIAL TRUCKING COMPANY IS LIABLE IN HOUSTON, TEXAS TRUCK ACCIDENT?
One of the biggest things is to show that the person who works for them is, in fact, actually working for them and not an independent contractor. If you can establish that they, were not properly trained or didn’t get adequate rest or the vehicle was not properly maintained. These are all the types of things the trucking companies are required to do before they put their vehicles out on the road. Some other things that cause these truck accidents are the tires are in bad shape, underinflated, or other issues with the tires.
They may also have air brakes that are not properly maintained and need to be replaced. One of the biggest problems is these vehicles need a great deal of distance compared to a normal automobile to stop and get under control. The visibility of these vehicles is also extremely difficult and dangerous for the public.
SHOULD I FILE A POLICE REPORT AFTER AN ACCIDENT INVOLVING AN 18-WHEELER?
I think people need to file an accident report, whether it be with an 18-wheeler accident or a car accident. It is very important to establish that an accident happened and have the police officers, thoroughly investigate the accident. I am finding more and more people are not reporting car accidents and 18-wheeler accidents thinking that they can handle it themselves, and exchange the proper information.
What our Houston truck accident attorney is finding is most of the insurance companies and corporations are denying to pay for any kind of property damage or personal injury because there wasn’t an official source out there to investigate the accident properly. It is very important to file a report every time.
WHAT HAPPENS WHEN AN 18-WHEELER JACKKNIFES ON THE HIGHWAY?
Tractor-trailer jackknife accidents are a common cause of large truck injury accidents. Jackknife accidents can happen when the powered front wheels of a large truck or 18-wheeler lock up, but the rear wheels of the trailer continue traveling forward toward the front of the truck. This can cause the truck driver to lose control of the vehicle, and in some cases can result in the semi-truck or big rig rolling over if the truck is traveling at a high rate of speed at the time that it jackknifes.
Jackknife accidents can occur for a number of reasons. Trucks are more likely to jackknife when there is rain, snow, ice, or some other slipping hazard on the road. Trucks are also at risk of jackknifing when the driver is forced to use evasive maneuvers to dodge a hazard in the road ahead. In situations like these the driver’s attentiveness, training, and skill become critical to avoiding an accident.
Truck drivers have multiple options for breaking their vehicles; they can choose to lock the trailer axles, steering axle brakes, or the drive axles. The driver must make the right choice of which brakes to lock based on the current conditions, electing the means that will do the least amount of harm to others on the road nearby.
CLAIMS AGAINST CARELESS OR NEGLIGENTLY-TRAINED TRUCK DRIVERS IN HOUSTON, TX
When truck drivers don’t have the requisite training to safely maneuver their vehicle in dangerous conditions, they and their employers can become liable for injuries to victims of these major accidents. Houston trucking accident lawyer Charles J. Argento has decades of experience investigating and prosecuting claims against careless or negligently-trained tractor-trailer drivers and the companies that hire them.
He will be the dedicated and aggressive Houston truck accident lawyer you need on your side after suffering injuries in a Houston, Texas truck accident.
WHY CHOOSE HOUSTON, TEXAS TRUCK ACCIDENT LAWYERS AT CHARLES J. ARGENTO?
For the first ten years of my 27 years of practicing law, as a Houston truck accident attorney, I defended trucking companies and companies that allowed their trucks to be out on the road. I know exactly what they are looking for to deny claims or to pay big money.
There are all sorts of things that trucking companies do to hide essential details and information from an individual Houston semi-truck accident attorney who doesn’t know what to look for. Much of that has to do with logbooks that are kept, maintenance records, proper safety training for the drivers, proper sleep and other things that could help prevent an accident.
There are no “minor” accidents involving an 18 wheeler, tractor-trailer or semi-truck on Houston, Texas roads. The sheer size of these vehicles and the speeds at which they travel contribute to thousands of catastrophic injuries and wrongful deaths each year, usually as a result of negligence on the part of the truck operator or trucking company in the following ways:
Alcohol, Drugs, Drunk Driver
Speeding
Driver Fatigue
Tailgating
Improper Loading
Aggressive Driving
Improper Maintenance
Poor Training
Fake Log Books
HIGHLY TRAINED TRUCK ACCIDENT ATTORNEY IN HOUSTON, TEXAS
Houston truck accident lawyerCharles J. Argento & Associates is a Houston truck accident attorney who is highly trained in personal injury litigation and accident investigation in order to identify ALL responsible parties. We have developed a reputation throughout Texas for our attention to detail and dogged determination in pursuit of the facts of a truck accident case, including circumstances related to:
Missing Signage
Vehicle Defect
Dangerous Road Surfaces
Poor Roadway Design
Maintenance
Houston, Texas big rig drivers and trucking companies must follow strict state and federal guidelines for the safe operation of these enormous vehicles. When a negligent accident occurs, you have legal rights that must be protected as you assess injuries, plan for long-term care and pay for medical bills.
A large-scale truck accident lawsuit against a major corporation or insurance company is expensive and complex, requiring substantial legal and financial resources beyond the means of most people. Houston, Texas 18-wheeler truck accident attorney, Charles J. Argento, takes these types of lawsuits on contingency, meaning there is never a fee unless we recover damages either through negotiations or litigation in the state and federal courts.
TRUCK ACCIDENT CONTENT:
Causes of Truck Accidents
Fatal Injury
Jackknife Truck Accidents
18-Wheeler/Big Rig Accidents
T-Bone Truck Accident
Trucking Company Liability
Negligent Hiring and Commercial Trucking Accidents
Underride Truck Accidents
Pressures Facing Commercial Truck Drivers
Road Maintenance and its Role in Auto Accidents
Settlements in Truck Accidents
Frequently Asked Questions about Houston Truck Accident Cases
Tractor-Trailer Accident Claims in Houston
Accidents Caused by Truck Driver Drug Use
Truck Driver Drug Use Accident
AT CHARLES J. ARGENTO & ASSOCIATES, OUR LAW FIRM IN HOUSTON, TX ALSO FOCUSES ON THE FOLLOWING PRACTICE AREAS:
Car Accident
Defective Products
Medical Device Lawsuit
Drunk Driving Accidents
Wrongful Death
Medical Malpractice
Workers Injury
Dog Bite
Premises Liability
Motorcycle Accident
Pedestrian Accidents
Burn Injuries
CPAP & BiPAP Injury
Paragard IUD Injury
Highway Accident
EXPERIENCED SEMI TRUCK ACCIDENT ATTORNEYS SERVING CLIENTS IN HOUSTON, TEXAS, AND NATIONWIDE
As one of the country’s commercial trucking hubs, semi trucks are a common sight throughout the Houston area. Although extensive regulations govern the trucking industry, the companies responsible for moving cargo have one major concern: the bottom line.
To protect their bottom line, it is all too easy for trucking companies and the people who work for them to cut corners. When this happens, innocent people get injured or killed.
DO I NEED A LAWYER IN A TRUCK ACCIDENT CASE?
Yes. Although it is not required that you hire a lawyer before taking legal action against a trucking company, the odds are stacked against you if you don’t have qualified representation.
Trucking accident claims aren’t like car accident cases. Although both types of claims center on collisions involving one or more vehicles, truck accident litigation is much more complicated.
There are a few reasons trucking crashes are complex, and why hiring an experienced lawyer is crucial to a successful outcome in your case:
Your case may involve more than one defendant, including the trucker, his/her employer, the maker of a part on the rig, and possibly others
Multiple defendants means multiple insurance companies will be involved, all of them trying to pass the buck and pay you as little as possible
Truck drivers are subject to federal regulations as well as state and local laws; multiple agencies are likely to be involved in the accident investigation, each of them governed by their own rules, legislation, and procedures
Injuries in truck accidents tend to be much more extensive than they are in “average” car crashes
Accordingly, the damages sought in truck accident lawsuits tend to be much higher
All of these factors combine to make trucking accident claims complicated and often hotly contested. To get the compensation you need and deserve after being hurt in a crash with a semi truck, it is certainly in your best interest to hire a trucking accident lawyer who understands both the complexities of the litigation and the stakes to you personally.
Driver Error in Houston Trucking Accidents
WHEN SHOULD I GET A HOUSTON TRUCK ACCIDENT LAWYER?
It’s a fairly safe bet that the insurance adjuster will contact you before you even have time to consider calling an attorney. The adjuster wants to head you off at the pass, and hopefully get you to sign off on a settlement before the dust settles.
That should tell you something right there. So, if you get an early call or a way-too-friendly in-person visit from the insurance adjuster representing the trucking company, “there’s your sign,” as comedian Bill Engvall would say.
Only it’s not funny. Clearly, this is the time to act, if you have any notion of contacting a truck accident lawyer.
While calling an attorney early in the process is ultimately best, you do have some time to reflect on your situation. These conditions merit a closer look if you’re wondering whether you should call an attorney:
A fatal truck accident.
An accident in which you were severely injured. This includes, but is not limited to, broken bones, paralysis, amputation, burns, blindness, or long-term or permanent physical impairment.
There’s even a slight chance that you could be found at fault.
The crash involved other vehicles.
The crash occurred in a construction zone or school zone.
The official accident report is incomplete or does not accurately describe what happened.
An 18-wheeler accident attorney can also help you get to the bottom of what caused the truck accident in the first place. There are many causes of trucking accidents, and being able to sort through all of them and pinpoint the exact cause or causes often takes an expert. The better the expert, the better they’ll be able to find all the causes. Many people can speculate as to the causes, but only an experienced Houston truck accident lawyer will be able to provide hard evidence.
RECENT TRUCKING ACCIDENTS IN HARRIS COUNTY, TEXAS
Experienced lawyers Patrick Daniel and Randy Canche discuss the recent case of a fatal truck accident involving an Amazon tractor-trailer on Houston’s North Freeway, as well as common causes of semi-truck accidents, what to do after an accident, and common truck accident questions.
WHAT KINDS OF TRUCK DRIVER ERRORS CAUSE ACCIDENTS?
The imposing size of big rigs doesn’t necessarily make them dangerous, but when they’re driven irresponsibly, maintained improperly, or thrust into a chaotic situation on a busy interstate, they pose a risk to us all. Vigilance, whether driving, maintaining, or troubleshooting, is crucial.
The margin of error for an 18-wheeler is much smaller than for your Toyota Camry. A moment’s inattention by the driver, and the truck has drifted into another lane and sideswiped a car. A panic stop by a big rig going 65 miles requires 525 feet (that’s roughly a tenth of a mile) from the time of driver awareness to a full stop. By comparison, a car traveling that same speed would need 316 feet.
That explains why so many 18-wheeler accidents are rear-end collisions. But these are not minor fender benders with relatively minor property damage and maybe some spilled coffee. These can be devastating and deadly.
The responsibilities of operating and owning an 18-wheeler are significant and should never be taken lightly. When they are, catastrophe can ensue.
Like any vehicle accident, a variety of factors can cause a semi truck collision. Negligence on the part of the trucker can take different forms, including:
1. TRUCK DRIVER DROWSINESS
Drowsiness affects reaction time, threat awareness, and cognitive reasoning. For these reasons, the Federal Motor Carrier Safety Administration regulates the number of hours a truck driver may drive per day (11) and per seven-day week (60).
Drivers are often pressured by their employers to meet delivery schedules that are virtually impossible to meet without going over the stated hourly limitations. This leads to illegal overtime driving, falsified driver’s logs, and, all too often, accidents. Drowsiness may also be attributed to the age of the driver, his general health, medications taken (prescribed and otherwise), and the amount and/or quality of sleep during downtime.
This is a salient point in many lawsuits. Being able to prove that a driver operated a tractor-trailer rig knowing he had not logged the legally required downtime is advantageous to winning a case. A second factor in the equation is whether the driver felt compelled to break the rules of the road because of pressure from his employer to deliver the goods on a tight schedule.
2. IMPAIRED TRUCK DRIVING
It’s a frightening thought that operators of 80,000-pound monsters on our highways could be buzzed on anything from alcohol to opiates, but it happens. In the most recent Large Truck and Bus Crash Facts Report, data collected by the Federal Motor Carrier Safety Administration (FMCSA) revealed that 4,600 truck drivers involved in fatal crashes had a blood alcohol concentration of 0.01 or higher – 2.5 percent of truck drivers in these accidents were legally intoxicated.
Truck drivers have aches and pains, as we all do, and many suffer from chronic conditions for which they have been prescribed powerful painkillers. These painkillers often have side effects and can lead to impaired driving. Lack of regard for these side effects becomes a distinct liability in court cases. Over-the-counter medications are also noted in a number of big rig accidents.
3. TRUCKS SPEEDING & DRIVING TOO FAST FOR CONDITIONS
Just about every motorist can relate to the sight of a big rig zooming past slower moving traffic in situations that should have called for a lighter touch on the accelerator. Technically, it’s not speeding, unless the truck exceeds the posted speed limit, but it is dangerous and unlawful. It’s a ticketable offense known as driving too fast for conditions.
According to the FMCSA, conditions that warrant driving significantly below the posted speed limit include:
Wet or icy roads
Fog
Uneven roads
Construction zones
Curves
Intersections
Pavement breaks
Gravel roads
Heavy traffic
In the FMCSA report cited, “Speeding of Any Kind” is the leading factor in truck accidents, accounting for 6.5% of fatal collisions.
4. RECKLESS, VINDICTIVE TRUCK DRIVING
Iconic movie producer Steven Spielberg’s first feature-length film was a movie titled Duel, about a deranged truck driver trying to force a hapless motorist off a dangerous mountain road. It capitalized on a common fear among people that big rig drivers are out to “get them.”
Fortunately, that is hardly the case. But there have been a number of incidents where a truck driver was possibly triggered by a driver and reacted inappropriately. According to the FMCSA, aggressive driving / road rage was a factor in less than one percent of fatal truck accidents.
Proving that the trucker drove aggressively, or was under the influence of road rage, is a tricky task in the courtroom – one that often needs corroboration from third-party witnesses.
18-Wheeler Distracted Driving Accidents
5. DISTRACTED TRUCK DRIVING
Truck drivers text while driving, talk on the phone while driving, and surf the internet while driving. According to the FMCSA, nearly 6% of fatal truck accidents involved some form of driver distraction. These include:
Distraction by a person, object, or event outside the vehicle
Reaching for objects inside the cab
Talking on the phone
Dialing a phone number
Using a mobile device (texting, using apps, etc.)
Eating or drinking
Adjusting the audio and climate controls
Daydreaming
Smoking
Big rig accidents that occur because the truck driver was distracted can be the worst of the worst in terms of death, injuries, and property damage. Drivers have been convicted of murder because of their behavior behind the wheel. Penalties for commercial drivers who text while operating a moving vehicle are getting stricter, but there are variances by state.
6. OTHER TYPES OF 18-WHEELER TRUCK DRIVER ERROR
Causes for accidents are numerous, but the most prevalent ones not already mentioned are:
Distracted driving, including texting, eating, using the radio, and other activities behind the wheel
Lane departure
Failure to yield
Overcorrecting
Obscured vision
Failure to obey traffic signs and signals
Following too closely (tailgating)
Improper passing
Failure to execute turns and lane changes properly
In many cases, a combination of bad decisions and unsafe behaviors lead to truck accidents. If the driver is fatigued or under the influence, it is more likely that he or she will drive too fast or make reckless decisions that cause an accident.
These decisions, however, don’t happen in a vacuum. The truck driver may be following the instructions of his or her employer, which in turn widens your case to include additional defendants.
Who Is Liable for Trucking Accidents?
HOW DOES NEGLIGENT TRUCK MAINTENANCE CONTRIBUTE TO ACCIDENTS?
A sobering reminder that things don’t always work right on big rigs is the “runaway truck ramp” sign on highways with steep grades. This is a common sight in mountain country, where brake failure on steep hills is a frequent reality.
An 80,000-pound runaway truck is a frightening thought and a dangerous thing, but brake failure is an unfortunate condition that truck drivers and their employers must contend with. Brake failure can be due to overheating, loss of hydraulics, or several other mechanical afflictions. Brake failure due to poor maintenance should never happen, however. If a truck’s brakes or trailer brakes are not maintained, the consequences – usually to other drivers on the road – can be catastrophic.
The Federal Motor Carrier Safety Administration (FMCSA) regulates the safety and maintenance requirements for equipment and components on 18-wheelers and other commercial vehicles. Individual states may have special regulations as well.
1. BRAKES ON SEMI TRUCKS
A truck must be equipped with a signal that warns drivers of brake failure. For vehicles built since 1973, the signal must be visual – generally a dashboard warning light. Air brakes, whether on the truck or the trailer, must have a working pressure gauge that is easily detected by the driver.
Based on federal recommendations, the braking system must have automatic adjustment to compensate for wear of brake linings, drums, or discs. Manual inspection of the braking system is required, and paperwork regarding repairs, replacements, or new installations of brakes must be made available.
2. SAFETY DEVICES ON SEMI TRUCKS
Safety devices includes coupling devices that ensure that trailers don’t separate from the vehicle that’s towing them and stabilizers to reduce lateral movement of the trailers.
3. BIG RIG LOAD SECUREMENT
Shifting cargo has caused a number of 18-wheeler accidents. Accidents in which cargo shifts or falls out of the trailer add a complex layer to the insurance settlement.
In most states, if the cause of an accident can be clearly determined as a shifting load, the company responsible for loading the trailer is liable. However, litigating a case contending that the accident was caused by a shifting load is often a daunting task.
There are standards to point to, such as the requirements set forth by the FMCSA regarding weight distribution, weight support, space management, tie downs, center of gravity, dunnage (material that fills spaces between articles of cargo), and weight limits. The load has to remain stable during all movements of the trailer, whether planned or unplanned. This includes panic stops, sudden lane departures, sharp turns, sloping pavement, uneven pavement, high winds. and anything else that acts upon a trailer on the road.
Different types of cargo need different types of securement. A load of logs will need different types of tie downs than a load of potato chips. The FMCSA document that lays out all these regulations is extensive, and any discrepancy can be a major point in determining liability in an 18-wheeler crash.
Negligent Maintenance in Truck Accident Claims
WHO ARE THE LIABLE PARTIES IN A TRUCKING ACCIDENT CASE?
A key part of investigating any semi truck accident is identifying the parties responsible. Typically, this goes well beyond the driver at the scene and encompasses the company that hired the driver, as well as other companies involved in the operations of the rig.
At Patrick Daniel Law, we investigate and take action against all parties whose negligence contributed to your injuries in a truck accident, including:
THE TRUCKING COMPANY
Delivering cargo is a business of tight deadlines. Everyone in the organization, from supervisors to executives, may prioritize the bottom line at the expense of their drivers’ – and the public’s – safety.
Negligence on the part of the trucking company may involve:
Requiring drivers to work beyond the mandated hours of service limits
Coercing drivers to keep inaccurate service and maintenance logs
Hiring unqualified or inexperienced drivers who don’t have proper licensure
Failing to screen drivers for alcohol and drug use or medical conditions that may compromise their ability to operate rigs safely
Not providing drivers with proper training
Failing to hold the proper type and amounts of insurance coverage
These actions may not be obvious at the scene of the crash, and the trucking companies will make every effort to cover their tracks. Patrick Daniel Law will perform a comprehensive investigation to unravel the role corporate negligence may have played in the truck accident.
TRUCKING MAINTENANCE CREWS
The question of who services the semi may play a role in your truck accident claim as well. If the tractor and/or trailer is the property of the trucking company, in-house maintenance workers or a contracted third party may be responsible for the upkeep. If the trucker is an independent contractor who owns the rig, however, he or she is required to keep the truck in safe working order by taking it in for tuneups and repairs.
With 18-wheelers traveling thousands of miles each year, routine maintenance and replacement of worn out parts is crucial to the safe operation of any truck. If the truck accident was the result of a tire blowout or other failure related to negligence in maintenance and repairs, you may be entitled to damages from the individual or company that services the rig.
SHIPPING COMPANIES
Trucks may visit multiple businesses and distribution centers in the course of a haul. As the crews work to load and unload cargo, it is important for them to exercise caution in distributing the weight and securing items so they don’t shift in transit.
Trailers with uneven distribution of weight are at risk of tipping over, potentially onto a vehicle on either side of the rig. Shifting loads may cause the truck to jackknife or cause cargo to fall out into the road.
One of the major factors investigators will assess is the role of unsecured or poorly balanced loads in the truck accident. Our lawyers will review these reports and gather additional evidence to ensure that the party who loaded the truck is held accountable.
PARTS MANUFACTURERS
Defective vehicle components can play a major role in truck accidents. The failure of a part on the tractor or trailer (or both) can cause the driver to lose control of the vehicle, resulting in a wreck.
Product liability lawsuits in general require extensive investigation of the design and manufacturing of the failed part, as well as the actions the company that makes the part takes to warn the public. Sadly, in many cases corporations make every effort to protect their revenues at the expense of public safety.
Like with trucking companies and other parties, many of whom have billions of dollars and teams of lawyers on their side, Patrick Daniel Law aggressively litigates against negligent companies that manufacture and sell defective trucking parts. We partner with teams of experts to analyze what happened, then take action on your behalf.
WHAT INJURIES OCCUR IN TRUCK ACCIDENTS?
The potential for catastrophic injuries in a truck accident is very high. After all, commercial trucks can weigh up to 80,000 pounds, creating force in an accident that even a heavy-duty pickup or SUV has no hope of withstanding.
As a result, serious injuries are the rule rather than the exception. Some of the severe injuries we see at Patrick Daniel Law in truck accident cases include:
Traumatic brain injury
Spinal cord injury
Ruptured discs and other neck and back injuries
Loss of a limb
Burns
Disfigurement and scarring
Internal injuries, including damage to organs and internal bleeding
Multiple bone fractures
Damage to muscles, ligaments, tendons, and other soft tissue
The most tragic outcome in a trucking accident is the death of one or more people. Unfortunately, fatalities happen all too often in collisions with big rigs, with the driver and occupants of passenger vehicles the most likely to be killed.
WHAT COMPENSATION CAN I RECOVER IN A TRUCK ACCIDENT CLAIM?
Serious injuries require extensive treatment. After a truck accident, you may require hospitalization, multiple surgeries, and months of physical therapy. Even with timely intervention and the best medical care, you might experience lifelong physical and cognitive deficits, not to mention the emotional burden of adjusting to your new circumstances. Meanwhile, as the medical bills after a truck accident pile up, many victims are unable to pay because their injuries make it impossible for them to return to work.
If this is the situation you are facing in the wake of a truck accident that wasn’t your fault, Patrick Daniel Law can pursue full compensation on your behalf. You may be eligible for damages such as:
Medical expenses
Lost wages
Diminished future income, if the injuries compromise your ability to make a living
Pain and suffering
Special damages for home modifications, hired help, and compensation for other costs unique to your situation
Impact to relations with your family (broadly known as “loss of consortium”)
Depending on the facts of the truck accident, the jury may also award you punitive damages. This form of compensation is reserved for situations of extreme recklessness, willful disregard for safety, malice, and fraud. Punitive damages are not commonly awarded, but when they are it sends a message to the defendant that their conduct is unacceptable.
If you lost a loved one in a truck accident, Patrick Daniel Law can pursue damages through a wrongful death lawsuit on your family’s behalf. Spouses, children, and parents of the deceased are allowed to file a wrongful death lawsuit in Texas for compensation of economic losses, including lost wages and the expenses of burial, cremation, and funeral services, as well as non-economic damages tied to the emotional toll of the loss.
HOW DO I PROVE MY TRUCK ACCIDENT CASE?
If possible, taking the following steps at the scene of the semi truck accident can immediately benefit your claim:
Taking photos of the accident scene, the damage to the vehicles involved, and your injuries
Interviewing witnesses
Collecting the truck driver’s information (and the information for any other drivers involved)
Providing a statement to the police
Unfortunately, the reality is that many truck accident victims need to be taken to the hospital immediately due to the serious injuries they suffer. If this is the case for you or your loved one, it is in your best interest to contact a truck accident lawyer as soon as possible.
Our lawyers will photograph the scene, identify potential witnesses, and collect information on the truck driver, the trucking company, and other parties on your behalf. Our investigation will also include:
Expert examination of the vehicles
Meticulous review of the trucker’s log books and other documentation
Obtaining and reviewing all local, state, and federal accident reports
Obtaining electronic evidence, such as cell phone records, GPS coordinates, data from the semi truck’s “black box” (see below)
Hiring expert witnesses to review the evidence and provide professional opinions
THE “LITTLE BLACK BOX” ON SEMI TRUCKS
Officially known as the digital event recorder or electronic logging device (ELD), the “little black box” can be found in commercial aircraft, trains, cruise ships, passenger cars, and semi trucks. Each ELD is customized for the type of vehicle in which it is installed to record data from various sensors.
The ELD can be a critical tool in analyzing the cause of a truck crash, and its data often becomes evidence in court cases. It records such information as:
Driving speed
GPS data
Position of the steering wheel
When brakes were applied and the suddenness with which they were applied
Seat belt usage
If you’re injured in an accident with an 18-wheeler, don’t expect the trucking company or its insurance representative to voluntarily share the data from the truck’s black box; you shouldn’t even expect them to even preserve it.
This is one of the reasons why hiring an attorney immediately after an accident is advisable. Your lawyer can obtain a court order to preserve the black box data and arrange for a joint viewing with the other party’s attorney.
WHY YOU NEED A TRUCK ACCIDENT ATTORNEY
Truck wrecks are different than those with other vehicles. Severe injuries and fatalities are more likely with semi-truck collisions, and the insurance companies and policies from which you’ll be seeking compensation will be very different. You need a compassionate truck accident attorney who understands the challenges and who has the resources to fight back against powerful companies.
Speaking with an experienced truck accident attorney who has worked on cases involving commercial truck accidents is the best way to preserve your rights, as well as to gather evidence in a timely fashion.
A qualified truck accident lawyer can advocate that you receive medical care, such as diagnostic tests and consultations with specialists that you might not have obtained on your own. Additionally, an attorney with experience handling truck accident knows the inner workings of the trucking industry. This can significantly benefit your case. An attorney can investigate the truck crash, document your claim, negotiate with insurance companies, and even file a lawsuit in court if necessary.
At the Krist Law Firm, P.C., our Houston truck accident lawyers has been fighting for the rights of those injured in big truck wrecks for decades. In fact, we obtained the largest commercial trucking verdict in Texas in 2014 with a $6,028,000 jury verdict after a motorcycle and tractor trailer collision resulted in a below-the-knee amputation.
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HOW TO FIND A QUALIFIED TRUCK ACCIDENT ATTORNEY IN HOUSTON, TX
Here are some of the questions you should consider asking during your search for the right truck accident attorney to handle your truck accident lawsuit in Texas:
WHAT IS THEIR FOCUS?
An attorney who focuses on truck accident cases has specific knowledge about liability, faults in maintenance and inspections, mechanical issues that may have influenced the accident, and the inclusion of multiple liable parties in a lawsuit. An attorney can only gain this knowledge by trying real-world cases that result in significant compensation for the victims of commercial truck accidents.
HAVE THEY HANDLED CASES LIKE THIS BEFORE?
Every case is unique, but a Houston personal injury attorney with significant experience in managing cases involving truck accidents is familiar not only with Texas state laws governing the operation of commercial big rigs but also with the federal laws that mandate maintenance, inspections, operation and other facets of the commercial trucking industry.
DO THEY HAVE EXPERIENCE NEGOTIATING WITH INSURANCE COMPANIES?
Many truck accident lawsuits never go to trial. They are settled through negotiation or arbitration. This is why it’s critical to engage a Houston personal injury attorney who has experience dealing with insurance companies and obtaining fair compensation for injuries.
DO THEY HAVE TRIAL EXPERIENCE?
Truck accident cases often involve serious, life-changing injuries. If your truck accident lawsuit goes to trial here in Texas, you will want a truck accident attorney attorney who is confident and has the skills to fight for your best interests.
COMPENSATION IN TEXAS TRUCK ACCIDENTS
The goal of many truck crash lawyers is to reach a settlement with those responsible for injuries; however, we will always seek to obtain the most compensation possible. If we determine that we need to pursue a truck accident lawsuit to get you what you deserve, we have the resources to do so. We have taken many cases to court and will not hesitate to seek a jury verdict in your favor to get you what you need to cover the following damages after a truck accident:
Medical costs
Physical pain
Mental anguish
Physical Limitations
Disfigurement
Loss of earning capacity
In an accident with a personal motor vehicle, you may not be able to recover fully for your losses. Insurance policies and the financial restrictions of the person responsible limit your ability to recover. However, commercial vehicles have much larger insurance policy limits and the trucking companies may have additional funds available. Depending on the type of vehicle, they may even have federal requirements for insurance coverage. Instead of covering part of your losses, we can help you obtain the compensation that will completely cover your past and future losses as well as legal expenses.
FATAL TRUCK CRASHES
Unfortunately, collisions with large commercial vehicles can have results that are far worse than medical bills. Because of their large size and extreme weight, accidents with these vehicles may result in death. If your loved one was involved in a fatal truck wreck, you are likely experiencing emotional distress and are unsure of how to handle the financial loss.
You may be able to recover the following through a wrongful death claim:
Burial and funeral expenses
Loss of financial contributions
Loss of care, support, maintenance, advice, and counsel
Loss of love, companionship, comfort, and society
Loss of inheritance you may have received if your family member had lived a normal expected lifetime.
You may also be able to recover for medical expenses, physical pain, and mental anguish that your loved one suffered prior to passing away because of the truck accident.
Our Houston truck accident attorneys at The Krist Law Firm, P.C. understand your concerns. We will compassionately listen to your story, determine your needs, and work with insurance companies and third parties to obtain the financial compensation that you deserve.
UNDERSTANDING TRUCK ACCIDENT INJURIES
If you are injured in a truck wreck, the driver of the truck or the company he or she works for may be liable for damages related to your injuries. Here are some of the most common truck accident injuries and their effects on the human body.
Head and Brain Injuries — A head or brain injury can have long-lasting effects depending on the severity of the accident. Head injuries can be as mild as a concussion that fades in a day or two or as serious as mild, moderate, or severe traumatic brain injuries (TBI), which are conditions that can result in a variety of negative effects ranging from changes in personality to death. Truck accidents can cause severe injury to the head and brain of victims and these injuries are likely to be life-altering when they are incurred.
Broken Bones — The amount of blunt force trauma involved in truck accidents can shatter bones and leave drivers and passengers with multiple traumas that are likely to be severe.
Amputated Limbs or Extremities — Arms, legs, hands, or feet may be severed in a catastrophic impact, or have to be amputated after being crushed or severely burned.
Burns — Unfortunately, burns are more common in collisions with commercial trucks than in accidents involving passenger vehicles. Because trucks are larger and usually cause more damage in an impact, there is a greater risk of fuel tanks rupturing and causing vehicle fires. Not only may a fire destroy a motor vehicle, it can also cause extremely painful and disfiguring injuries from which victims may never be able to fully recover.
Spinal Cord Injuries — The impact in a commercial trucking accident may injure or damage the bones, muscles or nerves in the spinal cord. This can lead to partial, temporary or complete paralysis of various parts of the body. Even if the injuries are not permanent, they may cause severe pain and often require complex rehabilitation to achieve recovery. These types of injuries usually require sophisticated imaging such as an MRI scan in order to diagnose properly, and may require surgery to treat.
Neck and Back Injuries — These types of injuries are terribly common in most vehicle accidents because of the jarring force that affects drivers and passengers at the moment of impact. The structural systems that make up the neck and back are extraordinarily complex and injuries to these parts of the body can lead to debilitating pain and even paralysis if they are severely damaged.
Internal Injuries — The sheer blunt force trauma of a collision with a semi-truck combined with the physical stresses incurred by the body’s interaction with safety equipment such as a deployed airbag can cause blunt abdominal trauma. These types of internal injuries can involve the bladder, spleen, liver, pancreas or kidneys, and can be very difficult to treat and lead to life-long physical limitation.
Torso and Rib Injuries — These types of injuries are particularly dangerous not only because blunt force trauma to the abdomen can be painful, but because these structures also surround vital organs. Broken ribs that are not identified and properly treated can puncture lungs or cause other severe damage to the human body.
Cuts and Lacerations — Although they may seem minor in comparison to internal injuries or head trauma, cuts can cause a lasting impact. Shattered glass, severed metal, or unrestrained objects within a vehicle can all cause cuts and wounds, ranging from minor slices to permanent injury to the eyes, head or body. Cuts can cause disfiguring scars or become infected and result in serious illness or death.
Seatbelt and Airbag Injuries — Seatbelts and other safety measures are important tools to save the lives of people involved in truck accidents, but they can also cause some injuries during the accident. Seatbelts by definition confine the chest and abdomen while airbags can deploy with enough speed to strip the skin off of a driver’s hands, as well as causing blunt force trauma to the head. These types of accidents can also cause or contribute to injuries sustained to the chest, neck or back.
Wrongful Death — Unfortunately, the severity of damage involved in an accident with a commercial truck means that not everyone may survive a catastrophic crash. This is described in the legal system as “wrongful death,” and may necessitate a claim on behalf of the victim’s family.
HOW KRIST GETS THE COMPENSATION YOU DESERVE
Why should you hire an experienced Houston semi-truck accident attorney to represent you in a personal injury case? Here are just a few:
DETERMINING FAULT
With so many parties involved in a single roadside or highway collision involving a truck, it can be challenging to determine who is the responsible party and how to approach a multifaceted case.
INVESTIGATIONS
Accident investigations involving trucks and other vehicles in Texas are extraordinarily complex. Very often, commercial transport companies deploy their own team of investigators to respond to every incident. The investigator is paid by the commercial trucking company, so they have no interest in the well-being or fair compensation to the victim. Any evidence gathered by investigators working for the trucking companies is likely to implicate the victim, and commercial transport companies will unapologetically use that evidence against the victim during recovery negotiations or a trial.
PROVING NEGLIGENCE
In many semi-truck accident cases, the actual collisions are caused by negligence on the part of the truck driver, whose behaviors may include:
Driving while under the influence of drugs
Driving while extremely fatigued
Speeding or driving too aggressively for the road conditions
Road rage
Eating, texting or engaging in other distracting activities while driving
On the flipside, there are many ways in which the trucking company can be negligent:
Setting unworkable delivery times that undermine safe driving behaviors
Delaying part replacements, including tires, and key mechanical items
Postponing or failing to perform diagnostic vehicle inspections
Pressuring truck drivers to drive longer than federal law permits
Keep in mind that determining liability is far more difficult in truck accident cases than in simple passenger collisions because of the number of parties that may be involved.
Recovery Negotiations — In a typical car accident, your attorney is really only negotiating with the insurance company of the other driver. Because there are multiple parties involved in a truck accident case, a Houston 18-wheeler accident lawyer must be skilled in negotiating with multiple parties including insurance companies, the driver of the truck, his or her employer, and vehicle and parts manufacturers.
Understanding State and Federal Law — If you are involved in a truck crash, it is vital that you engage an Texas truck accident lawyer who is familiar with both Texas state law and Federal regulations because both of these sets of laws may impact your case significantly. Texas law, for example, imposes some restrictions on your ability to raise a cause of action for personal injury or wrongful death.
The Texas statute of limitations states that you must file a lawsuit not later than two years after the date of your trucking accident. For instances of wrongful death, the statute of limitations is still 2 years, but the date the time limit begins is not the date of the trucking accident and is rather 2 years after the death occurred.
Simultaneously, there are laws and regulations that are specific to the trucking industry across the United States, including Texas. The trucking industry in this country is regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA oversees laws and regulations that apply to the commercial trucking industry but do not apply to passenger vehicles.
The driver must have met certain qualifications before operating a commercial 18-wheeler, for example. Other FMCSA laws govern the number of hours a truck driver can work as well as other conditions specific to operating a commercial truck. The qualified Houston commercial vehicle accident attorneys at The Krist Law Firm P.C. are intimately familiar with both Texas state laws and federal regulation and will know which laws and regulations apply in your specific case — and how to use them to build a strong argument in favor of your receiving compensation.
WORK WITH A HOUSTON TRUCK ACCIDENT LAWYER THAT WINS
An accident on this scale can take a terrible toll. We understand the Texas legal landscape as well as how federal regulations come into play when it comes to accident liability involving a large, commercial truck.
We will work closely with you and your family to keep you informed about the details of your case and communicate to a judge or jury why you deserve compensation for your past and future medical costs, loss of earning capacity, physical pain, mental anguish, physical limitations, and disfigurement.
At The Krist Law Firm, P.C., our semi-truck accident lawyers have tackled a wide range of trucking accident cases throughout Texas. We understand state law, federal trucking regulations, and the investigative techniques necessary to successfully handle a truck accident – in or out of court.
In addition, we work closely with experts, including accident reconstruction specialists, life care planners, engineers, medical professionals, and forensic electronics specialists who can capture and analyze data from a truck’s data recorder or “black box.” With these experts on our side, we can present a strong case to prove the cause of the crash and your injuries, as well as the extent of your mental and physical damage.
Crashes involving 18-wheelers or other large trucks and commercial vehicles can be devastating. The driver and passengers in smaller vehicles are at particular risk of serious injuries. In the worst-case scenarios, people involved in truck accidents do not survive.
If you have been hurt in a semi-truck accident in Houston, turn to the Texas semi-truck accident attorneys with the knowledge, experience, and resources to handle your case and win. Turn to the Houston 18-wheeler accident lawyers at The Callahan Law Firm.
Led by former mechanical engineer and Texas board-certified personal injury trial attorney Michael Callahan, we have a proven track record of successfully representing individuals and families involved in trucking accidents.
Contact our firm today to schedule a free case evaluation with one of our Houston 18-wheeler truck accident lawyers. We can help you learn more about your rights and options following your accident.
Do You Need a Lawyer after an 18-Wheeler Accident?
truckTruck accidents can leave people with catastrophic, life-altering injuries. A truck accident can be caused by the negligence of a truck driver as well as the trucking company, but their insurance company will do its best to avoid liability for your injuries and damages. If you answer yes to any of these questions, you should talk to an experienced attorney to help you recover the financial compensation you deserve:
Did your injuries require medical treatment?
Does the doctor say you need additional treatment?
Are you having trouble working due to your injuries?
Are you still in pain?
Are you having trouble participating in the same activities you did before your accident?
Reach out to The Callahan Law Firm today. You will talk to one of our Houston truck accident lawyers about how we can help you following your accident.
TRUCK ACCIDENTS STATISTICS IN TEXAS
Number of Fatal Crashes by Year in Texas
Number of Non-Fatal Crashes by Year in Texas
WHY TRUCK ACCIDENTS ARE MORE COMPLICATED
Many people think that truck collision are no different from any other type of motor vehicle accident. In reality, truck accident claims are far more complicated than a typical car accident. Here is why:
More catastrophic injuries – The size and speed (especially on the highway) of large 18-wheelers and other trucks mean that truck accident are more likely to result in severe and catastrophic injuries. Extreme forces result when a massive truck is involved in a collision. When truck accident victims suffer more severe injuries, medical treatment is more extensive and much more expensive. Significant injuries and extensive medical treatment increase the number of damages that an accident victim will claim. More severe injuries can also mean that an accident victim will require future medical treatment after the accident claim is resolved by settlement or in court. Any compensation award must account for the accident victim’s future damages including medical expenses and care, loss of earnings, as well as human damages such as pain and physical limitations.
More potentially liable parties – The trucking industry includes not only truck drivers and trucking companies, but also companies such as shippers, brokers, and others. Any one of these companies may have responsibility for a truck accident. And there are times when more than one company may share fault. That makes it necessary for an accident victim or his or her attorney to thoroughly investigate and determine the causes of the accident and those responsible.
More state and federal regulations – The trucking industry is heavily regulated at the state and federal levels. Regulations govern the size and total weight of vehicles, the types of cargo that can be carried, how cargo must be loaded and secured, and how long drivers may be behind the wheel at any one time. When a truck driver or trucking companies disregard these regulations, an accident can be the result. Trucking companies must also document their compliance with many of these regulations. The truck driver and trucking company records can show that a failure to comply with regulations caused a truck accident.
TYPES OF 18-WHEELER TRUCK ACCIDENTS
Any crash involving a large commercial truck can be devastating for the occupants of other vehicles involved in the collision. However, the type of truck accident can affect the severity of injuries. The accident type can also indicate who may have been at fault for the crash. Examples of different types of truck accidents include:
Accident Types
EVIDENCE WE MAY USE IN A TRUCK ACCIDENT CLAIM
Given the scope of state and federal regulatory requirements as well as the complexity of these types of claims, the truck accident attorney must be familiar with trucking regulations, applicable state laws, and the fundamentals of accident investigation to be able to determine and collect important evidence. That evidence helps us determine how the accident happened, why it happened, and who may be held at fault for the crash.
Examples of evidence we use in pursuing truck accident claims include:
The police accident report
Accident scene photos
Eyewitness statements
Surveillance camera or dashcam footage
The truck driver’s employment records, including his or her driving experience, driving history, training history, and accident history
The trucking company’s records, including dispatch and investigation records
The truck driver’s toxicology report (if the driver takes an alcohol/drug test)
The truck driver’s hours-of-service logs
The truck’s electronic data recorder information
The freight or load manifest
The truck’s maintenance logs
Accident reconstruction simulations and reports
Vehicle damage and repair reports
Your medical records from the treatment of your injuries from the accident
DAMAGES IN A TRUCK ACCIDENT CLAIM
If you or a loved one have been injured in a truck accident in Houston, the past and future damages that may be entitled to recover include the following:
Medical expenses, including hospital bills, physical/occupational rehab, and pain medication
Personal care, including home health care, housekeeping, and home maintenance services
Lost income for time missed from work
Lost earning potential, if injuries disable you from returning to full-time work or returning to work altogether
Lost quality of life due to physical disabilities or disfigurement, or due to the inability to participate in activities you previously enjoyed
Pain and suffering
Mental anguish
Loss of consortium, which can be claimed by your spouse for the loss of your companionship and society due to your injuries
You can also seek compensation for damage to your personal property, such as vehicle repair costs or the cash value of your vehicle if it was destroyed in the accident.
TEXAS STATUTE OF LIMITATIONS ON TRUCK ACCIDENT LAWSUITS
HourglassIn Texas, the statute of limitations generally requires you to file a personal injury lawsuit that is based on negligence within two years of the date of the accident. If the lawsuit is not filed before the statute of limitations expires, the court may dismiss your suit. That means you permanently lose your right to seek compensation in court. This is one of the many reasons why it is so important to hire the right lawyer and law firm as soon as possible after a truck crash.
COMMON CAUSES OF 18-WHEELER ACCIDENTS IN HOUSTON
Truck accidents arise due to numerous factors. Common causes of truck accidents include:
Over-aggressive driving, including speeding and unsafe lane changes
Driver fatigue
Driver inattention and distracted driving
Following too closely, also known as tailgating
Improper space management by the truck driver
Unsafe turns
Inadequate truck driver training
Driving under the influence of alcohol or drugs
Unsafe backing
Improper maintenance of the tractor or trailer
Overloading the truck or improperly balancing or securing the load or cargo
Defective truck parts
WHO CAN BE HELD LIABLE IN AN 18-WHEELER ACCIDENT CASE?
Most motor vehicle accident cases involve only the motorists involved in the crash. However, in a truck accident case where the 18-wheeler was at fault, many more parties may share some or all of the liability. Parties that may be liable for truck accident injuries and damages include:
The truck driver
The trucking company
The owner of the tractor and trailer
The shipping company
The broker
The truck’s mechanics
The truck’s manufacturer as well as truck part manufacturers
FREQUENTLY ASKED QUESTIONS ABOUT HOUSTON TRUCK ACCIDENTS
Truck accidents are serious events that often result in significant injuries and permanent disabilities. People injured in truck crashes and their families quickly realize just how complicated a truck accident injury claim can be.
When investigating the causes of a truck crash, there can be many responsible parties in addition to the truck driver. Thus, a thorough investigation must begin as soon as possible after the crash to ensure that critical evidence is collected and all those that caused or contributed to the crash are identified.
The legal team at The Callahan Law Firm has provided answers to a few of the most common questions we get about truck accidents that happen in Houston and throughout Texas. For specific answers to your individual questions, contact us now for a free consultation and discuss what happened.
How Much Is My Truck Accident Worth?
Do I Need a Lawyer to Help After a Truck Accident?
Why Are Truck Accidents Usually Worse Than Car Accidents?
Why Are Truck Accident Cases More Complex Than Car Accidents?
How Our Houston 18-Wheeler Truck Accident Attorneys Can Help
If you or a loved one have been injured in a truck accident, the Houston truck accident attorneys of The Callahan Law Firm are here to help. Our mission is to help you get the financial compensation you need and are entitled to under the law. Compensation can help you get through the difficult process of healing from your injuries and getting back as close as possible to the life you had before.
Our knowledgeable attorneys can help you win your case by:
Conducting our own investigation of the accident, including recovering and reviewing key pieces of evidence such as driver logs, truck data recorder information, freight manifests, and truck maintenance records.
Working with accident reconstruction experts when appropriate to help us build a persuasive argument showing how your accident occurred and how the truck driver and/or trucking companies or other parties were responsible for causing your crash.
Collaborating with medical and financial experts to help us explain the impact of your injuries and damages.
Filing claims with the trucking companies and their insurers, and aggressively negotiating for a settlement that provides you and your family with fair compensation.
Preparing your case for trial, if necessary, and utilizing our experience and skill as trial lawyers to present your case to a jury and win.
When you choose The Callahan Law Firm to help you with your Houston truck accident case, you will get the assistance of a law firm that understands how traumatic your accident has been for you and your family. We will take on the hard work of pursuing your legal claim. That will allow you to focus your time and energy on your recovery.
We know that big corporations and insurance companies will do whatever it takes to avoid paying you the compensation you are entitled to. Members of our legal team have worked for insurers in the past, and as a result, they know the tactics and tricks insurance companies and their adjusters use to avoid liability to injured victims. That is why our attorneys will not rest until we get you the results you deserve. We go the extra mile to ensure our clients and their families can move forward with their lives as best possible after a catastrophic truck accident.
Our firm brings more than 25 years of experience to injured accident victims and their families. We focus our efforts on personal injury matters. As a boutique personal injury law firm, we can provide you and your family with the focused attention and effort that your case deserves. We make ourselves available to you at any time to speak in person, over the phone, or via video call, email, or text. We are always ready to discuss the progress of your case or to answer any questions you may have.
Our firm also brings the experience and legal skills needed to handle even the most complicated truck accident cases. Founding attorney Michael S. Callahan is board-certified by the Texas Board of Legal Specialization in the field of Personal Injury Trial Law. That distinction is held by less than two percent of all attorneys in the state of Texas. Members of our legal team also have extensive backgrounds in engineering and insurance. Those backgrounds help us build the strongest possible cases on our clients’ behalf.
Schedule a free, no-obligation initial consultation with The Callahan Law Firm to talk with an experienced Houston truck wreck lawyer. You will learn about your legal rights and options for pursuing financial recovery. You will also learn how our firm can give you and your family the best chance at securing maximum compensation for your injuries and damages. There’s no fee owed by you unless we recover money on your behalf.
HOUSTON TRUCK ACCIDENT LAWYERS HELPING YOU RECOVER COMPENSATION FOR YOUR INJURIES
Every year, nearly half a million trucking accidents occur on American roads. Some of those crashes result in death. Many more tractor-trailer and big rig accidents lead to injuries, property damage, and hefty insurance bills.
Since trucking accidents are a fact of life in the United States, you should be aware of the dangers posed by large vehicles. Almost everyone, including bicyclists and pedestrians, comes into daily contact with trucks and buses. Since we all share the same road, it’s important to understand the risks.
It’s also imperative to know your rights and responsibilities if you have been involved in a truck accident, beginning with the necessity of contacting a truck accident attorney immediately after an incident.
HOW COMMON ARE TRUCK ACCIDENTS?
Everyone knows large trucks (any vehicle over 10,000 pounds) and buses (any vehicle built to transport at least nine people) are common sights on both urban and rural roads throughout the country, but how common are accidents involving these behemoths?
Here are some basic statistics, courtesy of the U.S. Department of Transportation’s Federal Motor Carrier Administration:
The police reported 415,000 large truck crashes in 2015 alone.
For every million people in the U.S., there were 11.2 fatal large truck accidents in 2015.
Fatal crashes involving large trucks increased by 6 percent between 2010 and 2015.
In 2015, the number of both large trucks and buses involved in fatal crashes rose to 4,311.
Experts generally divide large vehicle crashes into three categories according to the severity of the accident: 1) fatal accidents; 2) injury accidents; 3) property damage accidents. While only a small percentage of crashes are fatal, the number of incidents resulting in at least one death remains far too high.
1 percent (3,598) of all large truck accidents were fatal.
90 of those crashes involved only one fatality.
20 percent (83,000) of incidents with large trucks resulted in injuries only.
79 percent (328,000) caused only property damage.
Any large vehicle can pose a danger to nearby drivers, pedestrians, and bicyclists. Nevertheless, some types of vehicles have a higher accident rate than others. The following facts and figures will give you a sense of the danger:
The number of large trucks involved in fatal accidents totaled 4,050 in 2015.
The number of large trucks involved in injury-related crashes came out to 53,263.
Buses accounted for only 261 of fatal crashes.
During the years 2005 to 2015, school buses accounted for 41 percent of all fatal bus crashes.
33 percent of fatal bus crashes involved transit buses.
Only 13 percent of fatal bus accidents involved intercity buses.
Large truck crashes can occur anywhere, anytime. Protecting yourself against danger means always being vigilant. Nevertheless, some places and times are more dangerous than others. Weekdays and nights, for example, are particularly treacherous, most likely because most truck drivers travel on business days. Surprisingly, rural roads seem to pose the greatest hazard, more so than even interstates.
According to the U.S. Department of Transportation:
Most large truck accidents (60 percent) occur on rural roads.
A quarter of all large truck crashes happened on Interstate highways (either rural or urban).
More than a third (35 percent) of all fatal large truck crashes in 2015 took place at night, between the hours of 6 p.m. and 6 a.m.
An overwhelming majority (83 percent) of fatal large truck crashes happened on a weekday.
A similar percentage (89 percent) of nonfatal crashes also took place between Monday and Friday.
No matter when, where, or how your 18-wheeler accident occurred, our trusted team of truck accident lawyers will fight for your rights from beginning to end. Every truck accident case is different. The damage a semi-truck does to one truck accident victim differs from what another semi-truck does to another trucking accident victim.
Truck accident victims have the right to seek financial compensation for any losses they have sustained as a result of a negligent and careless truck driver or trucking company. A commercial truck driver that is distracted by their cell phone or is drinking alcohol while driving can end with a catastrophic and possibly deadly accident.
We want to make sure you get justice for any personal injury you sustained in a truck crash. Even if a loved one was a victim of a deadly crash, we assist victims of fatal truck accidents to file a wrongful death lawsuit to make matters right. Contact our experienced personal injury law firm in Houston today to seek the legal help you need.
WHAT ARE COMMON CAUSES OF TRUCK ACCIDENTS?
Any number of factors can combine to create unfavorable driving conditions. While that’s true of any crash, it’s particularly true of incidents involving large vehicles, which are not only bigger but also harder to maintain and more unwieldy to drive. Common contributing factors include:
Vehicle malfunction
Violation of federal regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA)
Improper truck maintenance
Poor road conditions or low visibility
Inclement weather
Driving under the influence
Distracted driving behind the wheel a big rig
Excessive speed
Improper cargo storage
Cargo shifting
Driver fatigue
These 18-wheeler accidents can lead to incredible physical damage to both your own body and to your property. Common injuries sustained in a commercial vehicle accident involving an 18-wheeler truck include broken bones, spinal cord injuries, brain injuries, back injuries, lacerations, burns, neck injuries, and more.
Because of the sheer size and weight of many of these commercial vehicles, many of which can weigh up to 80,000 pounds, serious injuries often afflict the victims involved in a truck collision. Trucking companies should be held responsible for their negligence for a semi-truck accident that has left you struggling to recover.
Let an 18-wheeler accident attorney from our law firm help you make the most out of your situation. We have represented many victims of 18-wheeler truck accident cases over the years and we know what it takes to get results for clients and their truck accident lawsuits.
HOW IS LIABILITY DETERMINED?
Assigning blame may sound like a simple matter. Reality is rarely so straightforward. That’s because there are many factors to take into account. For beginners, it’s typically federal law that governs the trucking industry and, therefore, determines responsibility for any given accident.
Not only that, but, given the nature of the industry, the typical large truck or bus accident involves significantly more parties than the typical crash, including:
the truck or bus driver
the truck or bus owner
the individual or business that leased the vehicle (e.g., the trucking or bus company)
the vehicle manufacturer
the manufacturer of any of the vehicle parts if at least partially responsible for the accident
any person or persons who might have improperly loaded or shipped the truck’s cargo
The complexity of federal law is one reason why it’s critical for accident victims to contact a truck accident lawyer at Schechter, Shaffer & Harris, L.L.P. as soon as possible after a crash. Only a qualified attorney can help you through the labyrinth of rules and regulations governing large truck or bus accidents. Federal Motor Carrier Safety Regulations are set forth to ensure the safety of other motor vehicle drivers on the road. However, the negligence of a trucking company or truck driver can end up causing accidents anyway.
Prevention can be difficult. Large truck and bus accidents often involve many variables outside of a driver’s control. That being said, there are some basic things that anyone can do to lower the likelihood of getting into a collision.
For starters, trucking and bus companies should:
carefully maintain their fleet of vehicles
establish clear safety protocols
train all drivers to use safe driving techniques
To lower the risk of accidents, truck drivers can:
maintain safe distances and speeds
always be conscious of their no-visibility zones
check and maintain vehicles before driving
practice defensive driving when necessary
For their part, compact car and passenger car owners should:
learn defensive driving techniques
always avoid a truck’s blind spot
maintain a safe distance between the front of their car and the back of the truck
always pay attention to a truck’s stop signals and turn signals
never pass a large vehicle on the right while it is in the process of making a right turn
report dangerous truck drivers
WHEN SHOULD I CONTACT A HOUSTON TRUCK ACCIDENT LAWYER?
Anyone who has been involved in an accident with a large truck or bus should know what to do in the immediate aftermath of the crash, starting with the following steps:
Seek medical attention, even if injuries do not seem severe.
Call the police to report the accident.
Get the name, address, phone number, and insurance information for all involved parties (including truck or bus drivers, passenger vehicle drivers, pedestrians, or bicyclists).
Take pictures of the scene. Include injuries, vehicle damage, and important signs.
Call a car accident lawyer, no matter what happened, who is at fault, or whether there are injuries.
Call your insurance provider and let them know you will be filing a claim.
Collect and carefully store all records, including medical records, bills, witness statements, photographs, correspondence, police reports, etc.
If you’ve been in an accident with a large truck or bus, you should contact an experienced car accident attorney at Schechter, Shaffer & Harris, L.L.P. as soon as you are able. Regardless of who was at fault, regardless of your involvement (whether you were a truck driver, car driver, passenger, pedestrian, or bicyclist), you need to seek professional legal help immediately.
While handling any and all medical emergencies take precedence over everything else, hiring a team of vehicle accident lawyers should also be at the top of your priority list. That’s because a skilled car accident lawyer can help you handle your insurance claims, advise you on the proper course of action, and evaluate your legal case.
The earlier you call, the more help you can receive. We can help you recover compensation for medical expenses, lost wages, pain and suffering, and more. If you have lost a loved one or have been involved in a truck wreck with a tractor-trailer, don’t hesitate to call our law firm. Whether you need assistance proving negligence or need help negotiating a fair settlement with the insurance company, we can do what it takes to make matters right.
Due to their sheer size, accidents involving 18-wheelers can be devastating. The injuries sustained by other drivers and passengers on the road can require extensive medical care, adding hefty medical bills to the pain and suffering that victims experience.
If you have been the victim of a semi-truck accident, you can benefit from having an experienced Houston truck accident lawyer on your side.
Many attorneys handle car accident cases, but trucking accident lawsuits are a different matter. These cases call for attorneys who understand the nuances of trucking law and know how to maximize the case value for victims to the benefit of people who have been hurt. Often, truck accident lawsuits can involve more parties who bear liability besides the driver. And, unlike an average passenger vehicle owner, trucking companies tend to have more assets and greater insurance coverage to provide for a significant payout.
Trucking Accident CausesCommon causes of semi-truck or 18-wheeler accidents
While not every accident involving an 18-wheeler is the truck driver’s fault, there are many ways in which they and/or the trucking company can be at fault.
Here are some common causes of semi-truck or 18-wheeler accidents:
Driver inattention: Like other drivers, truckers may take their eyes off the road or be using their cell phones at the wheel, with potentially dangerous consequences.
Driver fatigue: Federal law specifies how many hours a truck driver can drive in a 24-hour period. If the driver exceeds this and causes a crash, he or she may be held liable under negligence laws. The trucking company may also be at fault, especially if they were aware that drivers were exceeding their allowed driving hours.
Unsafe cargo: Sometimes, the cargo a semi-truck is carrying is more dangerous in a crash than the truck itself. Overloaded or improperly secured truck cargo puts other motorists at risk.
Alcohol or drug intoxication: While drivers are supposed to be routinely drug-tested, some truck drivers can often get behind the wheel after drinking or using drugs. Our attorneys have no tolerance for truckers who operate while under the influence and hurt others.
Often beneath the direct cause of the accident is another factor: the trucking company. Companies can be held accountable for the actions of their drivers. When companies negligently hire drivers, fail to properly train them, do not properly maintain equipment, or do not keep proper records, the company can be held accountable in a truck accident lawsuit.
Types of Texas Trucking Accidents
According to statistics provided by the Federal Motor Carrier Safety Administration (FMCSA), a total of 649 fatalities in Texas involved large trucks in 2017. This was the highest recorded number that year of any state in the country. Thus, people traveling on Texas highways may be at a higher risk of a serious or fatal truck accident while on the road compared to other areas.
Tractor-trailer accidents take many forms, and they occur for many reasons. For instance, 18-wheelers are less maneuverable than passenger cars and cannot adjust their speed as quickly.
Among the most dangerous accidents are rear-end crashes, due to the truck’s mass. Because of its size, a tractor-trailer takes much longer to stop than a normal car. If a driver is not watching the road ahead and needs to stop suddenly, any delay might cause the truck to slam into stopped vehicles ahead of it. This can seriously injure or even kill the people in the passenger vehicle.
Roll-overs occur when a truck loses traction, turns sideways and overturns, often in poor weather. In addition to the obvious risk of collision, a roll-over accident can spill potentially dangerous cargo, creating even more dangerous road conditions.
A jackknife accident occurs when the trailer swings outward perpendicular to the front of the truck. This can span multiple lanes of traffic and is often the result of sudden braking. A jackknife situation can block an entire road or trap vehicles underneath the trailer.
Under-ride accidents occur when a tractor-trailer stops suddenly and a car behind it is unable to stop in time. Because the truck sits much higher off the ground than a passenger vehicle, the car can become wedged beneath the trailer.
Accidents may also be caused by malfunctioning equipment, such as failed brakes or a faulty cargo hold. A truck can be very difficult to control after a tire blowout. If a trucking company does not maintain its equipment as required under the law, the odds of a mechanical failure increase.
What to Do After a Truck Accident
After any serious crash, the first priority is always to summon emergency medical personnel for anyone who is seriously injured. If you are the one seriously hurt, it’s unlikely you will have time to document the scene.
If it is at all possible, follow these step after a serious accident truck accident:
Take photographs of the vehicles, their positioning, your injuries, and any property damage.
Get the insurance information of everyone involved.
Cooperate with the police, but don’t discuss the specifics of the accident.
Get a copy of the accident report.
Do not admit fault to anyone, and don’t give a statement to an insurance company without speaking with an attorney. Even an offhand comment could be used against you by an insurer.
Visit a doctor as soon as possible so your injuries are documented.
Contact a Texas truck accident attorney. Do not discuss the accident with anyone except your attorney.
Typically after someone is hurt in an accident, the insurance company of the liable driver will offer a settlement. They will want to close the claim as quickly as possible for as little as possible. That’s how they make money.
You may be entitled to far greater compensation than an insurance settlement if you hire a lawyer and pursue a lawsuit. If you agree to an insurance settlement, you may lose your right to seek further compensation. This is why it’s important to get a Houston truck accident lawyer on your side right away to make sure your rights are protected.
What Compensation Is Available in a Truck Accident Lawsuit?
The compensation will vary case by case. You can be assured, however, that the lawyers at Pierce Skrabanek will always seek the maximum possible compensation under the law for our clients.
When our attorneys take a truck accident case, we review all medical records, accident reports, witness statements, and any other documentation relevant to your case. The amount of compensation you may be eligible to receive will depend on your medical expenses, how much time from work you missed, the cost of future care, and other factors.
Our goal is to get you what you need to move on in life and past this terrible ordeal.
Why You Need a Houston Truck Accident Lawyer
Truck accident cases call for a special type of attorney. Most personal injury attorneys handle car accident cases, but the number who are actually experienced in truck accident cases is much smaller. That’s because truck accident law is much different than regular motorist liability. There are often more parties and several layers of government involved. Trucking accident lawsuits are more complex each step of the way.
However, hiring a qualified truck accident attorney will ensure you won’t have to worry about these details. As trucking accident attorneys, it is our job to collect paperwork and deal with insurance companies. This way, you can focus on your health and recovery. The attorneys at Pierce Skrabanek have a solid record of helping people in Houston and elsewhere in Texas.
Houston Truck Accident Attorney
If you, or a family member, suffer serious injuries due to a truck accident in Texas, you will need a team of skilled and experienced Houston truck accident attorneys like those at AK Law Firm. Our truck accident lawyers will work to ensure your physical and financial losses are fully and justly compensated. Our attorneys are compassionate and understanding to victims of truck accidents and their needs.
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Obtaining compensation for your current and future expenses is our goal at AK Law Firm: Injury Lawyers. Our team of Houston truck accident attorneys is the following:
Knowledgeable in state and federal truck rules and regulations
Efficient and aggressive in truck accident litigation
Proven successful in obtaining millions of dollars in verdicts and settlements for our clients
Proactive in maintaining client satisfaction through keeping communication open and full case transparency
We want to take the stress out of the legal process so you can recover and get back to your life. While there is nothing to replace a lost loved one, we will strive to obtain full damages for the surviving family members and hold any responsible parties accountable for the loss.
Call AK Law Firm for a free consultation with one of our truck accident attorneys about your accident case as soon as possible. Texas has a time limit to file truck accident lawsuits. There is never a charge for your consultation, and you will not pay any legal fees unless we win your truck accident case.
Navigate This Page
Why Hire a Houston Truck Accident Lawyer?
Who is Liable for a Truck Accident?
Truck Accident Compensation
Texas Trucking Regulations
What are the Common Causes of Truck Accidents in Texas?
Types of Truck Accidents
What are Common Injuries from Truck Accidents?
What Do I Do After a Truck Accident?
Contact a Houston Truck Accident Lawyer
Why Hire a Houston Truck Accident Lawyer?
Truck accident cases are difficult to navigate without an experienced truck accident lawyer by your side. If you are struggling with severe and painful injuries, you may not have the time or energy to take on the stress of a truck accident lawsuit. Hiring an accident attorney from AK Law Firm is a great step in freeing yourself from the added complication of trying to manage your legal matters.
When you choose AK Law Firm: Injury Lawyers, one of our Houston trucking accident attorneys will do the following:
Handle all communications with the insurers and trucking companies
Notify medical bill collectors about your claim and status
Investigate your claim to determine the cause and all liable parties
Interview witnesses and collect their statements
Collect evidence, such as computer data stored in the truck’s black box and an accident report
Pursue damages for medical expenses, lost wages, disability, and pain and suffering
Consult with any necessary experts to assess the actual value of your serious injuries and accident claim
Determine an individualized legal strategy to maximize your financial recovery
File your truck accident claim in a timely manner
Aggressively pursue compensation through negotiations
If necessary, proceed to litigation and present your truck accident case to a judge or jury
The commercial trucking industry often hires insurance companies to protect themselves from liability and keep their payout costs to a minimum. They have a team of attorneys on their side. As a result, insurance companies may offer you less than you deserve in a settlement or even attempt to blame you for the accident.
Do not fall prey to insurance companies or large trucking companies tactics; call AK Law Firm today to get the most out of your truck accident settlement.
Who is Liable for a Truck Accident?
Many parties may be liable for a truck accident. Skilled Houston trucking accident lawyers will investigate all potential sources of liability while determining fault in any truck accident.
Many negligent parties may share fault in a commercial truck accident, including the following:
Individual truck drivers. The individual truck driver holds some blame in most truck accidents. If a truck driver was negligent in any way such as texting, eating, distracted, engaging in drug use, or speeding, he or she could be at fault for the big rig crash.
Trucking corporations. Commercial trucking companies are often responsible for accident damages when their trucks violate any state or federal trucking regulations or laws and that violation led to the accident.
Semi-truck service technicians. When service technicians are negligent in providing maintenance services on a commercial truck, the mechanic may be the ultimate cause of the truck accident and injuries.
Truck manufacturers. When truck parts are defective or faulty and cause an accident and injuries, the manufacturing company or the manufacturer of the part faces liability.
Government agencies. Government agencies responsible for maintaining roads are responsible if they cause a truck accident.
To learn more about truck accident compensation and liability, contact the trucking accident lawyers at AK Law Firm. Our personal injury lawyers will answer your questions and tell you if you qualify for compensation for your serious injuries or other damages. At AK Law Firm: Injury Lawyers, we are devoted to helping large truck accident victims get the compensation they deserve.
Truck Accident Compensation
It is impossible to predict the precise amount any truck accident claim is worth. However, Houston truck accident claims generally settle at higher amounts than car accidents due to higher costs of property damage, more severe injuries, and commercial, rather than personal, insurance claims.
A truck wreck may also involve multiple insurance policies. The truck driver, the trucking company, and third-party vendors may all carry separate coverage. One policy may cover the truck, while another policy may cover the trailer.
Some state and federal laws make commercial motor vehicles carry higher policy minimums than for standard passenger motor vehicles. Commercial coverage ranges are from $750,000 to $5 million.
Typically, accident victim compensation includes the following damages:
Accident-related medical bills
Prescription medication costs
Physical pain and suffering
Loss of quality of life
Emotional pain and suffering
Rehabilitation
Physical therapy
Prosthetic devices
Mental and emotional trauma, such as PTSD
Disability
Disfigurement due to scars or burn injuries
Lost wages during medical treatment and recovery
Loss of future earning capacity due to inability to work or inability to work at the same job or for the same hours
Property damage for the vehicle and its contents
Wrongful death, including funeral costs, loss of companionship, emotional pain and suffering, loss of support, and related expenses and damages
Sometimes punitive damages are available to victims of truck accidents. Punitive damages are monies awarded by the court as a type of punishment to a defendant. These damages are to deter similar future misconduct.
Never accept a settlement without letting an experienced truck accident attorney review it first. Insurance adjusters from the insurance company or trucking company are notorious for settling truck accident claims as inexpensively and quickly as possible. A truck accident attorney can evaluate an accident claim and offer an opinion as to its real value.
Texas Trucking Regulations
Truck drivers and trucking companies are required to abide by various laws and regulations designed for public protection. These laws and regulations are enforced by state agencies or by the federal government, including the Federal Motor Carrier Safety Administration (FMCSA).
These public safety regulations include:
Hours-of-service rules. Hours-of-Service rules govern the amount of time truckers are allowed to be on duty and behind the wheel. These rules include mandatory breaks and weekly limits to the number of hours truckers drive in a week;
Driver qualifications. Truck drivers must hold a valid commercial driver’s license, pass drug and alcohol screenings, and receiving medical certifications showing they are fit to drive commercial trucks and big rigs;
Vehicle maintenance. Trucking operators must regularly maintain their fleet and address any known potential hazards. Trucking operators must also address the potential risks they should know about. These include unsafe or worn brakes, old tires, broken headlights or signals, and any other issues that make trucks likely to fail or cause accidents.
Cargo regulations. Cargo regulations include proper cargo securement, weight limits, and safe transporting of hazardous materials. Violations increase the risks of accidents by making trucks unstable or resulting in fallen debris on the roadway.
What are the Common Causes of Truck Accidents in Texas?
Public safety rules are unable to protect from human mistakes and habits. A Federal Motor Carrier Safety Administration (FMCSA) review revealed that driver negligence is the most cited cause of truck accidents. Truck driver negligence includes the following:
Distractions such as cell phones, eating, and GPS
Road rage
Driver fatigue
Speeding
Unfamiliar roadway
Bad merge
Inadequate surveillance
Drug or alcohol use
Other causes of truck accidents are vehicle defects and poor road conditions.
Truck accidents are also the result of:
Road construction
Bad braking technique
Poor training
Equipment failure
Blind spots
Work zone accidents
Inexperienced truck drivers
Weather
Improper loading of cargo
Wide turns
Types of Truck Accidents
According to the FMCSA, there are generally four types of truck accidents that make up more than half of all accidents. These include:
Rollovers. Rollovers occur when a truck driver falls onto its side or rolls more than once. Two reasons for rollovers are driving too fast for the conditions and not applying enough brake pressure on steep inclines.
Jackknifes. A jackknife happens when a truck’s axle brakes suddenly lock. The result is a trailer skid that can last for dozens of yards causing the driver to lose control of the truck.
Under-ride. Under-rides are like a rear-end collision. In an under-ride, a smaller vehicle collides with the backend of a truck and slides underneath the truck’s rear end.
Rear-End. Trucks are heavy and difficult to stop at a short distance. Therefore, a rear-end accident is the most common type of truck accident and can be the fault of the truck driver or the driver of the other vehicle.
What are Common Injuries from Truck Accidents?
The impact and weight of any large truck creates a significant amount of force in trucking accidents. This can mean catastrophic, or even fatal, injuries for both drivers and passengers in smaller vehicles. Truck accident injuries can require weeks, months, or even years of recovery.
There are many different types of truck accident injuries, including, but not limited to, the following:
Spinal cord damage. Spinal cord damage may cause paralysis, paraplegia, or quadriplegia. These types of injuries may also result in long-term disabilities and chronic pain.
Head trauma. Severe head trauma causes traumatic brain injuries (TBI). The brain may move in the skull, and oxygen may not get to the brain. Head injuries may lead to death, coma, loss of cognitive abilities, and depression. Speak with a Houston brain injury attorney to learn more.
Soft tissue injury. These are injuries to muscles, tendons, and ligaments.
Internal injuries. Internal injuries include bleeding of the liver, kidney, pancreas, and spleen.
Broken bones. Car drivers, passengers, motorcyclists, and pedestrians often endure broken arms, legs, ribs, and other body parts after a truck accident. Sometimes broken bones cause a loss of function in the injured area of the body.
Back and neck pain. Back and neck pain from a truck accident is sometimes lifelong and debilitating.
Burns, disfigurement, and scarring.
Whiplash. Whiplash is the forceful movement of the neck from front to back like a whip. Damage from whiplash may last a few weeks or even years.
Bruises and lacerations.
What Do I Do After a Truck Accident?
Truck accidents are frightening situations, and it is hard to know exactly what to do after one occurs. Following these steps can help protect your legal rights and potential recovery following a truck accident:
Remain at the scene of the truck crash. Remove your car from the road if possible to prevent another accident.
Call for medical assistance and the police. Always get medical attention after an accident and receive any recommended follow-up care.
Ask for a copy of the police report for your records.
Identify other parties involved in the accident and exchange information. Be sure to document the truck driver’s name, company’s name, insurance information, and license number.
Check for witnesses and take down their statements and contact information.
Document the accident by taking photos of the accident with a phone or a camera. Take pictures of injuries.
Do not provide a written or recorded statement to the insurance adjuster, insurance company, or trucking company without speaking with Houston truck accident lawyers.
Almost every consumer product in every store in Texas spent some time on a large 18 wheeler truck .
We have a best 18 Wheeler truck accident lawyer in Houston. Therefore, it’s not surprising that wrecks involving these large commercial vehicles have increased 42 percent since 2009. These large trucks, when fully loaded, weigh more than 80,000 pounds. So, it’s also not surprising that these collisions often cause catastrophic injuries and even death.
Truck wreck claims are often quite complex, and not just because the injuries are so severe. Two reasons for the complex claim process are. First, the truck drivers are usually not Texas residents. Second, the companies that own these trucks are generally out-of-state corporations. Given these geographic details having the Best 18 Wheeler Truck Accident Lawyer in Houston handling the case can make things go a bit smoother.
Texas Truck & 18 Wheeler Accident Attorneys
Our Undefeated Texas Truck Accident Lawyers are known for achieving the Best Results and securing the #1 Largest Recoveries for Semi-Truck and 18 Wheeler Accident victims across Texas and the United States.
In the past 5 years alone, our Truck Accident Attorneys have repeatedly recovered the largest truck and 18 wheeler accident verdicts and settlements in Texas on behalf of commercial truck accident victims and their families, including:
#1 Largest Truck Accident Settlement in Texas
#1 Largest Accident Verdict in Texas
$32 Million Settlement for Truck Accident Victim
$23.5 Million Settlement for Truck Accident Victim
#2 Largest Accident Verdict in Texas
Trucking companies know that once our Truck Accident Attorneys are involved in the case, they only have two choices: offer a settlement that fully compensates our clients and their families for all their injuries and damages or risk a record-setting verdict at trial — where we remain undefeated.
As our track-record confirms, our Truck Accident Lawyers Don’t Just Win for Texas Truck and 18 Wheeler Accident Victims – We Set Records.
We’re able to consistently achieve unprecedented results for our clients because we work longer and harder than our opponents, we understand how trucking companies and their team of lawyers operate, and we refuse to settle a case unless our clients are fully compensated for ALL their injuries and damages.
Because of our continued success—both inside and outside the courtroom—a majority of our client’s cases are settled for record-setting amounts before trial.
If you or a loved one were injured in a truck or 18-wheeler accident, our Undefeated Truck Accident Lawyers will hold the trucking company accountable and make sure that you and your family receive the compensation you deserve.
Record-Setting Truck Accident Settlement for Family of Man Tragically Killed by an 18-Wheeler
Our 18 Wheeler Accident Lawyers recently reached a record-setting (and confidential) settlement for our client and her 4 year-old boy after her husband was tragically killed by an 18-wheeler in Jefferson County, Texas while on his way to work.
The trucking company, the driver, and their team of lawyers initially refused to take responsibility for the tragic crash, claiming that our client’s husband was distracted by his cell phone when the collision occurred.
After several depositions and working with the Texas DPS officers who investigated the crash, our Truck Accident Attorneys not only proved that our client’s husband never used his cell phone that morning, but also that the trucking company had violated federal and state safety regulations by allowing the truck driver—who had already been on the road for over 14 hours at the time of the crash—to continue driving.
The case settled several weeks later and remains the largest wrongful death settlement in the trucking company’s history.
Largest Verdict in R&L Trucking Company’s History
Our Truck Accident Lawyers recovered the largest verdict in R&L’s corporate history after a 5-week trial against R&L Carriers, the largest privately owned trucking company in the United States. Our client was rear-ended by one of R&L’s drivers while driving on I-20, just outside of Weatherford, Texas. The impact caused her vehicle to roll-over multiple times before finally coming to a rest on the highway’s shoulder.
R&L immediately denied responsibility for the crash, offered less than $150,000 to settle the case, and called a team of over 15 experts at trial—including neurologist, neuropsychologists, orthopedists, and accident reconstructionists—to dispute our client’s injuries and attempt to prove that the crash was “unavoidable.”
After hearing the evidence, however, the jury disagreed with R&L’s witnesses and awarded our client punitive damages for the company’s negligence and gross negligence in failing to properly train its driver.
The verdict is the #1 Largest Verdict in R&L’s corporate history, the only case where punitive damages have been awarded against the company, and the only reported truck accident case in Texas in the past 15 years where punitive damages have been affirmed by a Texas Court of Appeals.
Largest Settlement in Oakley Trucking Company’s History
Our Truck Accident Lawyers also obtained the #1 Largest Settlement in Oakley Trucking Company’s corporate history on behalf of a client who was rear-ended by truck driver who was distracted by his cell-phone on Christmas Eve.
The impact from the crash caused our client’s pick-up truck to rollover on the highway at over 50 mph.
Oakley initially refused to offer our client more than $125,000 to settle the case.
Less than 6 months later, Oakley settled the case with our client for over 25 times their original offer, making it the largest settlement in the trucking company’s history.
We Force Trucking Companies to Take Responsibility
Because of the repeated and unprecedented success that our truck and 18-wheeler accident lawyers have achieved for our clients, trucking companies and their lawyers take our clients and their cases much more seriously.
Why? They know that our Truck Accident Attorneys will never be outspent or overworked, that we take cases to trial—and set records, and we refuse to settle a case unless our clients and their families are fully compensated for ALL their injuries, losses and damages.
We Prove the Trucking Company and its Driver Were at Fault
When we’re hired in a semi truck or 18-wheeler accident case, our Truck Accident Lawyers immediately obtain the truck driver’s logbook, the truck’s black box, and the ECM records and send an accident reconstruction team to inspect the scene and the vehicles involved in the crash.
This evidence not only allows our 18 Wheeler Accident Lawyers to determine whether the trucking company or its driver violated federal safety regulations and state transportation laws, but it also provides us with physical evidence that establishes how fast the truck was traveling at impact, if and when it braked, and whether the driver was fatigued or distracted at the time of impact.
We then consult with both our client’s treating doctors and our medical experts to determine the nature and severity of our client’s injuries, the doctors and specialists who are most qualified to treat them, and the cost and frequency of medical care that our clients will require in the future.
After obtaining evidence proving how the crash occurred and the effect that the crash had—and will continue to have—on our client’s health and future earning potential, we work with our experts and engineers to determine what the truck driver could and should have done to avoid the crash, and the total amount of compensation needed to ensure that our clients are able to care and provide for themselves and their families for the rest of their lives.
If the trucking company refuses to offer a settlement that fully compensates our clients and their families for their injuries and losses, we take the case to trial—where our 18 wheeler accident attorneys remain undefeated.
Record-Setting Verdicts and Settlements Against the Largest Trucking Companies in the Country
While almost every personal injury attorney claims to have experience handling truck accidents, there are very few who have actually taken a trucking company to trial—and even less who have won record-setting verdicts for their clients.
Why is that important? Because, despite what some may think, trucking cases are nothing like car accidents.
In addition to substantial differences in the size and weight of the vehicles, truck accident cases are won or lost based on the attorney’s understanding of the Federal Safety Regulations, the technology that trucking companies and their drivers use to monitor the movement, speed, fuel consumption and driving activity of the trucks, and the lawyer’s willingness and ability to take your case to trial—and win.
In addition to having won Billions for our clients, our Truck Accident Lawyers have consistently recovered the #1 largest verdicts and settlements in history against trucking and transportation companies and repeatedly distinguished our firm as the Best Truck Accident Lawyers in the United States.
Truck Drivers and the Federal Motor Carrier Safety Regulations
Unlike in ordinary car wrecks, truck accident attorneys have to thoroughly understand the hundreds of state and federal safety regulations that trucking companies and their drivers are required to follow in order to operate commercial vehicles on public roads and highways across the United States.
Many of these rules are found in the Federal Motor Carrier Safety Regulations — laws created by the United States Department of Transportation that govern every trucking company and truck driver in the United States.
The FMCSRs dictate everything from the type of training a truck driver is required to receive and the maintenance that must be performed on the truck and trailer before and after each trip, to the number of hours a driver can spend behind the wheel or “on-duty” before the driver is considered fatigued and disqualified from driving.
Having successfully represented thousands of 18 wheeler and semi-truck accident victims against the largest trucking companies in the United States, our Undefeated Truck Accident Lawyers know what evidence to look for, where to find it, and—most importantly—how to use it to hold trucking companies and their drivers accountable for seriously injuring or killing other drivers or passengers in a crash.
Common Causes of Truck and 18-Wheeler Accidents
While there are typically a number of factors involved in causing or contributing to a truck or 18-wheeler crash, some of the most common include:
Driver fatigue and Hours of Service Violations
Hiring inexperienced and unqualified drivers
Failing to provide proper training
Failing to perform legally required pre and post-trip vehicle inspections
Requiring drivers to drive in excess of the maximum hours permitted by federal law
Speeding, unsafe lane changes, and other traffic violations
Violations of the Federal Motor Carrier Safety Regulations
Drug use and intoxication
Texas Truck Accident Lawyers with Unprecedented Recoveries
From rear-ends and jackknifes to catastrophic multi-vehicle fatalities, our Undefeated Truck Accident Lawyers are known for consistently winning the largest truck and 18-wheeler accident verdicts and settlements in history for our clients and their families.
In addition to winning the Largest Accident Settlement in Texas in 2019, our 18 Wheeler Accident Attorneys have repeatedly demonstrated that we don’t just win against the biggest trucking companies in the world – we set records.
As a result of this success, our Truck Accident Attorneys not only know what evidence to look for and how to use it to prove that the trucking company and/or driver were at fault, but also have the experience and resources to take on any trucking company and team of lawyers, no matter how large, and ensure that our clients receive the maximum compensation possible.
Why It’s Important to Hire a Texas Truck Accident Attorney with a Proven Track-Record
Why should you hire an experienced Houston Truck Accident Lawyer?
The trucking company, its insurance company, and their teams of attorneys will do anything to avoid paying you and your family the damages you deserve. They’ll blame you for the crash and downplay the seriousness of your injuries. But some will also “misplace” and destroy driving logs, training records, and other evidence that proves the company and its driver were at fault for the accident. No matter how much the trucking company and its insurer promise to make things right, you need to remember that they’re only interested in protecting their bottom line.
Having successfully recovered the largest truck and 18-wheeler accident verdicts and settlement in Texas, we know what it takes to win and have the resources to devote whatever time is necessary to ensure that you receive the maximum recovery possible. If the insurance company refuses to offer you and your family a settlement that fully compensates you for all your injuries and damages, our Truck Accident Lawyers won’t hesitate to take your case to trial, where our lawyers remain undefeated.
Record-Setting Verdicts and Settlements for Semi Truck and 18-Wheeler Accident Victims
Our commitment to our clients and our refusal to accept anything less than the maximum recovery possible for our clients has allowed our attorneys to consistently win billions — including the largest verdicts and settlements in history – for semi truck and 18-wheeler accident victims in Texas, Louisiana, New Mexico, and across the United States.
In addition to recovering the Largest Truck Accident Settlement in Texas, our Truck Accident Lawyers won the Largest Verdict in the Corporate History of R&L Trucking and the Largest Settlement in the History of Oakley Company. In both cases, the trucking companies refused to offer our clients more than $500,000 to settle their claims. We rejected the settlements and recovered over $5 million.
Truck and 18 Wheeler Crash Victims Who Hire Lawyers within 14 Days are More Likely to Recover Larger Damages
Under Texas law, the statute of limitations governing personal injury lawsuits – including truck and 18-wheeler accident cases – is two years. That means you must file a lawsuit within two years of the crash, even if settlement negotiations are ongoing. If you don’t, you are legally barred from doing so in the future.
Texas 18-wheeler accident victims and their families are entitled to compensation for medical bills, lost wages, and other damages when the negligence or gross negligence of the truck driver and/or the trucking company caused the crash.
Even if you’re partly to blame for the accident, it’s essential to talk to an Experienced 18 Wheeler Accident Lawyer because many states, like Texas, allow accident victims to recover as long as the trucking company or its driver is at least 50% responsible for causing the accident.
For example, if the jury finds you were 30% at fault in the truck accident, you’ll still be able to recover 70% of your damages.
Texas also allows accident victims to recover punitive damages when the trucking company or truck driver was grossly negligent in causing the crash. These damages punish the responsible party for egregious conduct, like intoxicated driving, distracted driving, inadequate training, driver fatigue, and other hazardous behavior.
While this egregious and grossly negligent conduct is often seen in truck and 18-wheeler accident cases, many law firms have never been able to recover punitive damages at trial due to the higher burden of proof needed to establish gross negligence.
Our Truck Accident Lawyers, however, have repeatedly established gross negligence and recovered punitive damages for our clients in every major truck and 18-wheeler accident case that we’ve taken to trial.
How to Increase Your Chances of Recovery After a Truck or 18 Wheeler Accident
There are many personal injury law firms that advertise for truck and 18-wheeler accident cases. But the reality is, very few have actually taken big trucking and insurance companies to trial, and less than a handful have consistently set records for their clients.
Our Houston 18-Wheeler Accident Lawyers have repeatedly won the Largest Verdicts and Settlements in Texas against the biggest trucking and transportation companies in the United States.
Things to Consider When Hiring a Truck or 18 Wheeler Accident Attorney
Truck accident cases are far more complex than ordinary auto accidents. Not every personal injury lawyer has the knowledge, resources, and experience to take on large trucking companies and their teams of lawyers. When choosing a truck accident attorney, you want a law firm with a track record of recent (and substantial) verdicts and settlements in truck and 18 wheeler accident cases against large trucking and transportation companies.
Most personal injury firms – including ours – offer free consultations to truck accident victims. During this consultation, you’ll be able to discuss the specifics of your accident and the attorneys’ experience with similar cases. Some questions you might want to ask include:
How many truck accident cases have you handled? What were the results?
Have you taken truck accident cases to trial? How often do you win?
Have you represented truck accident victims with my types of injuries?
Do you think I have a valid claim for damages?
How quickly does your office respond to emails and return phone calls?
How long might my case take to resolve?
How much will I pay and when?
Unlike many other law firms, our business is based on maximizing our clients’ recoveries, not on volume. By limiting the number of clients that we represent, we’re able to devote our full resources to each and every one of our clients, all of the time. From sign-up to settlement, we’re with you every step of the way.
Common Injuries Suffered During Truck and Big Rig Accidents
Because 18-wheelers and semi-trucks are so much larger and heavier than other vehicles, crashes between commercial trucks and ordinary passenger vehicles are far more likely to cause severe and even fatal injuries. Some of the most common injuries sustained during an accident with a big rig include:
Spinal Cord Injuries: A spinal cord injury could result in partial, temporary, or complete paralysis to the lower body and torso, resulting in life-long pain and suffering. Even with years of treatments, surgeries, physical therapy, and adaptive devices, many victims will remain permanently disabled for the rest of their lives. Because damage to the spinal cord isn’t always apparent, truck accident victims need to seek medical attention as soon as possible.
Head and Traumatic Brain Injuries: Head injuries may range from minor bruises and mild concussions to a traumatic brain injury resulting in life-long cognitive impairment and loss of motor function. Severe brain injury can occur even without direct trauma to the head and may not be apparent immediately after a crash.
Internal Bleeding: Blunt force trauma can cause bleeding to vital internal organs. Because these injuries are difficult to detect and treat, you should seek immediate medical attention, even if you don’t think you’re injured at the scene.
Burns: It only takes oxygen and a spark to ignite a fuel tank that’s ruptured during a truck or 18-wheeler accident. If the fires spreads to other vehicles, the drivers, passengers, and everyone else in the vicinity of the crash are at risk of severe or fatal burns.
Fractures: fractures are common injuries after a commercial truck collision. It’s not unusual for truck accident victims to sustain broken bones and/or herniated discs in the cervical or lumbar spine due to the forces and momentum involved in the crash.
Amputations: Crushing injuries, ejections, and other traumatic crashes can result in injuries so severe they result in or require amputation. Amputees require long-term medical treatment and attendant (nursing) care, as well as prosthetics to ambulate and function in daily life.
After a truck or 18-wheeler accident, your financial security depends on whether or not you’re fully compensated for all of your injuries and losses. When you hire our Undefeated Truck Accident Lawyers, you can rest assured that we will never accept an inadequate settlement offer and will always be prepared to take your case to trial to recover the maximum compensation for you and your family.
5 Common Types of Truck Collisions
Although commercial trucking is an essential component of our economy, big rigs pose a serious threat to others on the road. Just about any truck accident can cause significant property damage and catastrophic injury to multiple innocent victims.
Five of the most common types of truck collisions include:
Jackknife Truck Accidents: Jackknifing occurs when a tractor-trailer folds into itself, forming a 90-degree angle with the trailer. Jackknife truck accidents often occur when a truck driver must brake hard to stop quickly.
Rear-End Collisions: Distracted driving, driver fatigue, speeding, and tailgating are just a few of the behaviors that can cause a big rig to rear-end another vehicle.
Underride Crashes: Underride crashes occur when a smaller vehicle rear-ends a semi-truck and slides under the back of the trailer. Distracted driving, impairment, speeding, and fatigue also contribute to truck underride accidents.
Side-Impact Crashes: T-bone or side-impact crashes often occur when a truck driver is distracted, fatigued, or impaired and speeds through a red light or stop sign at an intersection. Other drivers and their passengers are likely to suffer catastrophic injuries when the full weight of a big rig smashes into the side of a smaller vehicle.
Cargo-Related Accidents: Cargo-related crashes are usually the result of improperly secured loads and overloaded trucks. Cargo may shift during transport, causing the trucker to lose control of his rig and swerve into another lane. Cargo shifts can also cause an 18-wheeler to tip, rollover, and crush adjacent vehicles. If the truck does tip over, the load may spill out onto the roadway, creating a serious hazard for any approaching traffic.
