Find Peace and Justice with Houston Truck Accident Attorneys
According to the Texas Department of Transportation, there had been 38,149 total crashes involving commercial motor vehicles in 2021, 630 of which were fatal. Sadly, when a truck driver is negligent or reckless in driving, these can be the results; many Texas drivers are put at risk of catastrophic injuries and even death.
Why do I need a Houston trucking accident lawyer?
- Investigate the Accident: A good lawyer will thoroughly investigate the accident, gathering all relevant evidence, interviewing witnesses, and consulting experts to build a strong case.
- Assess Damages: The lawyer will assess the damages suffered by the victim, including medical expenses, lost wages, and pain and suffering.
- Negotiate with Insurance Companies: The lawyer will negotiate with the insurer on behalf of the victim to ensure that they receive a fair settlement for their damages.
- Represent You in Court: If necessary, the lawyer will represent the client in court, presenting evidence and arguments to support their case.
- Protect Your Rights: The lawyer will ensure that the client’s rights are protected throughout the legal process, including their right to a fair trial and their right to receive fair compensation for their damages.
- Provide Legal Advice: The lawyer will provide legal advice to the client on all aspects of their case, including their rights, the strengths and weaknesses of their case, and the best course of action.
- Keep the Client Informed: The lawyer will keep the client informed throughout the legal process, providing regular updates and answering any questions they may have. This helps to ensure that the client feels informed and in control of their case.
What are the common causes of trucking accidents in Houston?
- Unsafe Backing: This refers to the situation where a truck driver backs up their vehicle in a dangerous or careless manner, leading to an accident.
- Poor Brake Maintenance or Repair: This refers to the failure of a truck’s braking system due to lack of proper maintenance or repair, resulting in an accident.
- Fatigue: This refers to the physical and mental exhaustion of a truck driver, which can negatively impact their reaction time and judgment leading to an accident.
- Overweight Trucks: This refers to a truck that is carrying a load that exceeds its weight limit, leading to instability and the increased risk of an accident.
- Improperly Loaded Trucks: This refers to a truck that is carrying its load in an improper manner, causing it to shift during transit and increasing the risk of an accident.
- Alcohol and Drug Abuse: This refers to a truck driver under the influence of alcohol or drugs, impairing their ability to operate their vehicle safely and increasing the risk of an accident.
- Bad Weather Conditions: This refers to inclement weather conditions such as heavy rain, snow, or high winds that can impact truck driver’s ability to control their semi-trucks and increase the risk of an accident.
What are the common injuries suffered by truck accident victims in Houston?
- Brain Injury: A head injury can occur when a truck driver or passenger is struck by flying debris, hits their head on a hard surface, or experiences a sudden jolt during an accident.
- Neck and Back Injury: Neck and back injuries can occur when the force of a collision causes a driver or passenger to be thrown around inside the cab, leading to strains, sprains, or even spinal cord damage.
- Internal Injuries: Internal injuries can occur when a passenger or driver is crushed or struck by flying debris during a truck accident. These can include damage to the organs, bones, or tissues.
- Broken Bones: Broken bones are a common injury in accidents involving semi-trucks, often occurring as a result of being crushed or struck by debris.
- Amputation: Amputation can occur when a passenger or driver’s limb is crushed during a truck accident.
- Lacerations: Lacerations can occur when a passenger or driver is cut by broken glass or metal during a truck accident.
- Burns: Burns can occur when a passenger or driver is exposed to fire or hot liquids during a truck accident.
- Soft Tissue Injury: Soft tissue injuries, such as sprains, strains, and bruises, can occur when a passenger or driver is jolted during a truck accident.
- Psychological Trauma: Psychological trauma can occur as a result of the physical, emotional, and mental stress of an 18-wheeler truck accident. This can include anxiety, depression, and post-traumatic stress disorder (PTSD).
- Whiplash: Whiplash is a type of neck injury that can occur when the head is rapidly jerked forward and then backward during a truck accident, causing damage to the neck’s muscles, ligaments, and tendons.
- Wrongful Death: In worst cases, crashing 18-wheelers and semi-trucks can cause fatalities.
What damages should I expect from my truck accident claim?
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Medical expenses
- Lost wages
- Property damage
- Future lost earnings
- Funeral costs (in case of wrongful death)
Is the trucker the only liable party in a Texas truck accident?
- Truck Driver: If the truck driver’s negligence or reckless behavior caused the accident, they might be held liable for the damages. This can include factors such as speeding, distracted driving, driving under the influence of drugs or alcohol, or failing to follow traffic laws.
- Trucking Company: Trucking companies may also be held liable if they were responsible for hiring an unfit or inexperienced driver, failing to maintain the truck properly, or violating federal trucking regulations.
- Truck Manufacturer: If a defect in the design or manufacturing of the truck was a factor in the accident, the manufacturer might be held liable.
- Cargo Loading Company: If the cargo was not properly loaded, secured, or labeled, the company responsible for loading the cargo might be held liable.
- Government Agencies: If poor road conditions or inadequate traffic signage were factors in the accident, government agencies might be held liable.
How is negligence determined in truck accident cases in Texas?
- Duty of Care: The defendant has a legal obligation to act a certain way. For example, semi-truck drivers are expected to obey the rules of the road, act according to trucking industry standards, and know the safety regulations surrounding commercial vehicles.
- Breach: You need to prove that the defendant acted in a way that does not fulfill their duties. If a semi-truck driver uses their cell phone while driving, then that is a breach of duty.
- Causation: You need to show that the trucker’s breach of duty directly caused the semi-truck accident and, thus, your truck accident injuries. For example, you can show that a truck striking your passenger vehicle led to your head injury.
- Damages: Finally, you have to demonstrate the losses you’ve suffered as a result of the accident, such as medical bills or emotional distress.
Additionally, in Texas, if you get hurt in a truck crash, the law says who’s responsible for paying for the damage. The law is the 51% Modified Comparative Negligence rule. This means you can only get money from the person who caused the accident if you were less than 51% responsible for what happened. If you were more than 51% responsible, you couldn’t get any money from anyone else.
The amount you get will also depend on how much you are at fault. This is part of the 51% Modified Comparative Negligence rule. Let’s say you got hurt in a truck wreck, and you’re trying to get $100,000 from the trucking company. But the judge says you were 30% responsible for the collision. This means you won’t get the full $100,000. Instead, you’ll only get $70,000. That’s because $100,000 minus 30% is $70,000. If you go to court and win, the amount you get will still be reduced by 30%. Lawyers often offer a free consultation so you can know how much your case is worth and whether you should pursue it.
What should I do if I was injured in a Texas truck accident?
- Get medical help right away. If you’re hurt, make sure you see a doctor as soon as possible. This is important not only for your health but also for your legal case.
- Report the accident to the police. Call the police at the scene of the accident and make sure they write a report. This report can be important evidence in your case.
- Gather evidence. Take photos of the scene, get contact information from witnesses, and keep any receipts or bills related to the accident. This evidence can help you prove your case in court against the trucking companies.
- Contact a Houston 18-wheeler and trucking accidents attorney. A truck accident can be complex and difficult to handle on your own. A good lawyer can help you understand your rights and make sure you get the money you deserve. There are times when the lawyer will offer a free case evaluation to assess your case.
- Don’t give a recorded statement to an insurance company without talking to a lawyer first. Insurance companies are in the business of making money, and they might try to use your words against you. A lawyer can help you protect yourself.
- Know the statute of limitations. You have a limited time to take legal action after a truck accident in Texas. Make sure you understand the statute of limitations and file your case in time.
- Be patient. A truck accident case can take time to resolve, but a good lawyer will work hard to get you the best result possible.
- Medical expenses,
- Future medical care,
- Loss of income (present and future),
- Property damage,
- Loss of benefits,
- Loss of inheritance,
- Loss of companionship,
- Funeral expenses,
- Mental anguish, and
- Pain and suffering.
What is the statute of limitations for a tractor-trailer truck collision in Texas?
In Texas, you have a limited time to take legal action if you get hurt in a truck crash. This time limit is called the Statute of Limitations. For truck accidents that cause injuries or death, you have two years from the date of the accident to file a lawsuit. This is the rule for all personal injury cases in Texas.
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