Houston Semi-Truck Accident Lawyer
Truck accidents are one of the most devastating and dangerous types of accidents on the road. Truck accidents are very different from those involving other types of vehicles. Semi-truck accidents cause more serious injuries and deaths.
The insurance companies and policies for compensation will be different. You need a compassionate truck accident lawyer who understands the challenges and has the resources to fight against powerful companies.
18-wheeler accident claims can be complex. However, with an experienced lawyer, you can hold the truck driver and trucking company responsible for your injuries.
Choosing the right 18-wheeler truck accident attorney is crucial in obtaining the compensation you deserve. James Walker, also known as Walker Texas Lawyer, has over 40 years of experience. He will do everything he can for truck accident victims in Texas.
Walker provides individualized care, free meetings, and only charges if he wins, showing his commitment to fighting for his clients’ rights. If you were in a semi-truck accident, talk to Walker Texas Lawyer now. He can help you get the money you deserve.
For a Free Consultation, call us today at 713-552-1117 or complete our form online.
Do I Need a Lawyer for a Truck Accident Case?
If an 18-wheeler accident occurs, do not handle the trucking and insurance companies by yourself. Hire an experienced semi-truck accident lawyer who has represented victims like you. Don’t be a victim twice. Contact a Houston Truck Accident Lawyer, Walker Texas Lawyer.
Truck accident cases can be complex and challenging to navigate. Many factors are involved, such as determining fault, assessing damages, and dealing with insurance companies. Hiring a truck accident lawyer can help ensure you receive the best possible outcome for your case. Here are some of the reasons why you should consider hiring a Trucking Accident Law Firm:
1. Knowledge of the Law
Truck accidents are subject to numerous trucking federal and state laws and regulations. A skilled truck accident lawyer knows the laws well and can use them to make your case stronger. They will also be familiar with any changes to the laws that may affect your case.
2. Determining Fault
Determining fault in a truck accident is not always easy. It generally requires a thorough truck accident investigation and analysis of the evidence. A truck accident lawyer will have the resources and expertise to conduct a comprehensive investigation and identify all parties responsible. They can also negotiate with insurance companies on your behalf to ensure that you receive fair compensation.
3. Experience with Insurance Companies
Dealing with insurance companies can be a frustrating and time-consuming process. Insurance companies are known for aggressive tactics to minimize payouts or deny claims altogether. An experienced truck accident lawyer will have experience dealing with insurance companies and can negotiate with them on your behalf. They can also ensure you receive the maximum compensation for your injuries and damages.
What To Expect If You Are Injured in A 18-Wheeler Truck Accident
If you were injured in a semi-truck accident and need help recovering money for your injuries, you should contact an experienced semi-truck accident lawyer. As mentioned above, trucking companies will do everything possible to limit their liability for your accident. Insurance companies often employ the following tactics:
- The insurance company will likely offer you a quick settlement, but this amount may not account for all your damages. However, if you do accept the offer, then you waive all future claims related to the wreck. A lawyer can help you understand the total value of your claim and pursue fair compensation.
- The insurance firm will attempt to hold you accountable for the accident if they can. If they can demonstrate that you are partly to blame for the incident, then according to Texas law, they can diminish your payout. If you are primarily at fault, you won’t receive any compensation. Your attorney can shield you from baseless claims that you are in any way liable for the accident.
You are at a disadvantage against the insurance company. They will leverage their extensive resources and large teams of lawyers and adjusters to minimize the amount they pay you. By hiring a trucking accident law firm, you can get an experienced trial attorney to protect your rights and best interests.
Why Are 18-Wheeler Trucks So Dangerous?
What makes accidents with these vehicles devastating is their size. A whole load may weigh as much as 80,000 pounds. With a typical car weighing between 3,000 – 4,000 pounds, the weight difference can cause fatal injuries.
The semi-truck itself may weigh around 18,000 pounds. The trailer can weigh 10,000 pounds, and the full load can weigh approximately 50,000 pounds. This combines for a total weight of 78,000 pounds. The maximum legal weight is 80,000 pounds or 40 tons. In some cases, oversize or overweight permits may be issued for larger trucks and loads. The average size of an 18-wheeler is 70 to 80 feet long and 13½ feet tall.
The severity of injuries from an 18-wheeler accident depends on vehicle weights, speed, and the type of accident.
Semi-Truck Accident Statistics
Truck accidents are a significant concern in Texas, where the state is known for its high volume of commercial trucking traffic. Here are some statistics on truck accidents in Texas:
- In 2019, there were 685 fatalities in Texas due to truck accidents.
- The number of fatalities in Texas due to truck accidents has increased over the past few years, from 560 in 2015 to 685 in 2019.
- Texas has the highest number of large truck fatalities in the United States.
- The leading cause of truck accidents in Texas is driver error, followed by tire blowouts, equipment failure, and weather-related issues.
What Compensation Could I Receive in A Texas Truck Accident?
Our trucking accident law firm will always seek to obtain the most compensation possible for you. If we determine that we need to pursue a case in court, we have the resources and experience to do so successfully. We have taken many cases to court and will not hesitate to seek a jury verdict in your favor.
In Texas, truck accident victims have two main types of damages available after a crash. Economic damages compensate for monetary losses linked to the incident. Non-economic damages compensate for personal, non-financial impacts of the collision.
Economic Damages:
- Reasonable Damages for both past and future medical expenses
- Loss of earning potential
- Any out-of-pocket expenses
- Diminished earning ability
- Property damage
- Physiotherapy and recovery
Usually, you’ll possess bills, statements, or other records to validate your financial losses. However, non-financial losses often do not carry a specific cost–they lack intrinsic financial worth. Hence, to substantiate them, you’ll probably require the assistance of specialists.
Non-Economic Damages:
- Loss of consortium
- Quality of life
- Pain and suffering
- Anxiety
- Emotional Distress
- Scarring and disfigurement
If you were in a truck accident, you may be entitled to punitive damages. Punitive damages financially penalize the party at fault (instead of reimbursing the accident sufferer). For instance, incidents involving a drunk truck driver could be eligible.
Fatal Truck Accidents in Texas
Car accidents with large commercial vehicles can result in much more than medical expenses. Because of their extreme weight and size, these vehicles can cause severe injuries or death. If your loved one was killed in a truck wreck, you might be able to recover the following through a wrongful death claim:
- Burial and funeral expenses
- Potential loss of financial contributions
- Loss of care, support, maintenance, advice, and counsel
- Loss of love, companionship, comfort, and society
- If your family member had lived an average expected lifetime, you might have inherited something.
If a loved one dies in a big truck accident, you may receive compensation for medical expenses and other related costs. Additionally, you may also be eligible for compensation for the emotional pain and sadness you experience. Walker Texas Lawyer is a Houston attorney who helps people with personal injuries. He listens to your story and works with insurance companies to get you money for your losses.
Common Causes of Truck Accidents in Houston, Tx?
Houston is one of Texas’s most densely populated cities, featuring several major highways and busy roads. As a result, truck accidents are common in Houston and the surrounding areas, often resulting in catastrophic injuries and extensive property damage. Let’s take a closer look at the most common types of truck accidents that occur in Houston:
Rear-end Collisions:
Rear-end collisions occur when a truck driver crashes into the back of another vehicle. These accidents can result from driver fatigue, distracted driving, or improperly maintained brakes. Rear-end collisions often lead to whiplash, traumatic brain injuries, and spinal cord injuries.
Jackknife Accidents:
Underride Collisions:
A smaller vehicle collides with a truck, slides underneath the trailer, and the truck crushes it, causing underride collisions. These accidents can occur due to improper use of reflective tape and lights by the truck driver. Additionally, accidents can also happen if the trailer’s underride guard is broken or missing. Underride collisions are among the leading causes of fatal truck accidents as well as severe head injuries, internal bleeding, and fractures.
Rollover Accidents:
Rollover accidents occur when a truck driver loses control of their vehicle and it tips over onto its side or roof. These accidents can happen for various reasons, including driver error, overloading cargo, and poor road conditions. These accidents can result in severe injuries such as spinal cord injuries, traumatic brain injuries, and internal organ damage.
Wide Turn Accidents:
Wide-turn accidents occur when a truck driver makes a wide turn and collides with vehicles in the adjacent lanes. These accidents can happen due to driver fatigue, insufficient or missing signage, or distractions. Wide-turn accidents often result in serious injuries such as broken bones, head injuries, and spinal cord injuries.
Driver Fatigue:
One of the leading causes of 18-wheeler or commercial truck accidents is truck driver fatigue. This is due to the rigorous schedule to deliver goods that truckers face. This pressure requires truck drivers to work long hours. Many of those hours are usually worked at night.
Head On Trucking Accidents:
The deadliest types of trucking accidents are head-on collisions with semi-trucks, which can crush a smaller vehicle beyond recognition. These wrecks often happen because the driver is fatigued or not dealing with a medical issue or because he or she is under the influence of alcohol or other drugs. Additionally, distractions such as cell phones and laptops can lead to these types of accidents.
Tire Blow Outs:
Tire blowouts are a prevalent cause of 18-wheeler wrecks. A sudden blowout by a semi-truck or trailer can cause the vehicle to go out of control. This can cause a large truck to strike smaller vehicles and cause catastrophic injuries.
It may be determined after a truck crash that the trucking line or truck driver failed to maintain the vehicle properly. Overly worn tires, when not replaced, can lead to tire blowouts.
Unsecured Loads:
A big rig collision may not involve a crash with the truck but rather a crash caused by the truck’s load.. Unsecured Cargo that spills from the tractor-trailer can cause an accident. Such load spills can occur when the truck’s trailer is not properly secured, and the load falls off or out, landing on the road. A collision with a spilled load can be devastating. Additionally, it can cause a vehicle to bounce and veer into other vehicles. Cars also can crash when swerving to avoid a spilled load. So even if they don’t strike the cargo, they still have a collision. Causes of such truckload spills can include the trucker failing to secure the cargo. Additionally, they do not close the trailer doors securely. Drivers of other vehicles are not responsible for such spilled loads but can suffer horribly because of them.
If you or someone you know has been involved in a truck accident in Houston or the surrounding areas, seeking legal advice from a trusted semi-truck accident lawyer is imperative. They can help you determine the best course of action to recover compensation for medical expenses, lost wages, and other damages incurred due to the accident.
What Are Common Semi-Truck Accident Injuries?
Semi-trucks are much larger than other vehicles sharing the road. Therefore, they can cause severe injuries in collisions. Our trucking accident law firm in Houston has helped personal injury victims who have sustained all types of injuries, including:
- Amputation
- Burn Injuries
- Traumatic Brain Injuries
- Broken Bones or Fractures
- Back Injuries
- Chest Injuries
- Cuts and Lacerations
- Crushing Injuries
- Immobility or other spinal cord injuries
- Mental distress, such as PTSD and anxiety
- Seatbelt and Airbag Injuries
- Soft Tissue Damages
- Whiplash
What Are Texas Truck Accident Laws
In Texas, truck accidents are subject to several laws and regulations. These laws are designed to ensure the safety of everyone on the road and to hold responsible parties accountable for their actions.
Statute of Limitations
The statute of limitations for personal injury claims in Texas is two years from the accident date. This means you must file your claim within two years of the accident, or you may lose your right to pursue compensation.
Negligence Laws
In Texas, negligence is the primary legal principle that applies to truck accidents. Negligence occurs when a party fails to take reasonable care and causes harm to another party. To prove negligence in a truck accident, you must demonstrate that the truck driver or company failed to exercise proper care. This lack of care resulted in your injuries and damages.
Comparative Negligence
Texas follows the rule of comparative negligence. This means that if you are found to be partially at fault for the accident, your compensation may be reduced. For example, if you were speeding at the time of the accident, and it was determined that you were 20% at fault, your compensation would be reduced by 20%.
Federal Motor Carrier Safety Regulations
The FMCSA regulates the trucking industry and sets strict rules and regulations for truck drivers and trucking companies. These regulations cover areas such as driver qualifications, hours of service, vehicle maintenance, and more. Violating these regulations can be evidence of negligence in a truck accident case.
One of the regulations outlined in the Federal Motor Carrier Safety guidelines prevents driver fatigue. The hours are set for how long a driver can be behind the wheel.
- 14-hour duty limit (minimum 10 hours of rest after 14 hours on duty)
- 11-hour driving limit (minimum 10 hours rest after 11 total driving hours)
- 60/70-hour duty limit
Professional drivers often feel pressured to deliver the load as quickly as possible. Usually, this is for a financial benefit or to appease the company.
Driver fatigue can quickly occur for truck drivers who drive long hours. This is why the regulations were set forth.
It is critically important that the 18-wheeler accident attorney you select has experience investigating driver fatigue. Additionally, they should research other violations of federal regulations.
Necessary evidence after a serious truck accident can include the following:
- Logbooks
- Black box or computer event data
- Documents evidencing the load and prior deliveries
- Inspection of the tractor-trailer
- Examination of the accident scene
- Poor Training
Many 18-wheeler drivers have a commercial driver’s license and are allowed out on the road. Simply having a CDL is insufficient training in operating an 80,000-pound truck. Motor carriers must ensure that their drivers are adequately trained and use the big rigs safely. Ongoing safety training must be a part of all trucking company operations. This is something that an experienced 18-Wheeler Accident Attorney will look into first.
Are Semi-Trucks Required To Have Inspections?
Commercial trucking companies must ensure that their vehicles are safe to operate. These standards are set forth by the Federal Motor Carrier Safety Administration (FMCSA). Drivers must inspect their tractor-trailers daily, check loads to ensure they are secure, and inspect the truck before any trip. The driver must inspect the following:
- Air Lines and compressor
- Brakes
- Fuel system
- Lights
- Steering
- Safety equipment
- Axles
- Coupling devices
- Wheels and tires
- Numerous other equipment
After a trip, the commercial vehicle driver must look over their truck. They should re-examine all the parts in their daily inspection reports. Before taking the truck on another trip, all dangerous conditions or defects must be reported to the motor carrier. A Houston trucking accident law firm will look at vehicle logs to find negligence.
What is the Duration Required to Resolve a Truck Accident Claim? It’s A Question We Hear Often.
It can take some time to settle a truck accident claim in Houston. There’s no definite answer about how long it takes to settle a claim because each case differs. Certain cases may conclude within a few weeks, while others might require more time. Truck accidents in Houston can be complicated. They often involve multiple parties and insurance companies. This includes the responsible driver and their insurer. It can also involve the trucking company. Depending on the specifics of the case, these elements may prolong the duration it takes to arrive at a satisfactory settlement. The severity and scope of your injuries may also affect the speed at which your case is resolved.
You can be sure that Walker Texas Lawyer is willing to go the distance for you. He is Houston’s semi-truck accident lawyer. He will dedicate the necessary resources and attention to each case. Contact our trucking accident law firm in Houston today for a free consultation about your case.
How Much Are Trucking Accidents Worth?
Commercial vehicle accidents involve more extensive insurance policies than regular motor vehicle collisions. In addition, these accidents are likely to cause more severe injuries and significant damages.
In personal injury cases, the settlements are often substantial. However, as with any personal injury claim, it will depend on several factors. We need to assess the severity of your injuries. Additionally, we need to determine the amount you spent on medical bills. Lastly, we need to establish whether you had any involvement in causing the accident. We can provide a good assessment for how much you should receive in a settlement or court case once we know more about the accident and your situation.
Can I Claim Compensation If I’m Partially Responsible For The Truck Accident?
If you’re partially responsible for your Texas truck accident, you may be able to recover compensation from the other at-fault party. The amount of damages you can recover will depend on your percentage of responsibility. Under Texas’s modified comparative negligence rules, plaintiffs cannot recover damages if their portion of fault exceeds 50%. If your assigned fault is 50% or less, your awarded compensation will be reduced proportionately.
For example, if you are held 40% responsible in a truck collision, you can only recover 60% of your awarded damages. If you’re assigned 51% (or more) of the blame, you won’t be able to collect any damages.
Why Call Walker Texas Lawyer for Your Truck Accident Case:
If you or a loved one has been involved in a truck accident in Texas, having an experienced and skilled truck accident lawyer on your side is crucial. At Walker Texas Lawyer, we have a proven track record of successfully representing clients in truck accident cases. Here are some reasons why you should consider calling Walker Texas Lawyer for your truck accident case:
1. Free Consultations
We offer free consultations to all potential clients. During the consultation, we will review the details of your case and provide you with an honest assessment of your legal options.
2. No Fees Unless We Win
At Walker Texas Lawyer, we work on a contingency fee basis, meaning we don’t charge any fees unless we win your case. You can rest assured that we are working hard to achieve the best possible outcome for you.
3. Experience and Skill
With over 40 years of experience, we are an experienced trucking accident firm. James Walker has the skills and expertise to handle even the most complex and challenging cases.
4. Track Record of Success
Walker Texas Lawyer has a proven track record of success in truck accident cases. He has recovered millions of dollars in compensation for our clients.
Call Walker Texas Lawyer – Houston Truck Accident Lawyer
Truck accidents are some of the most devastating and dangerous accidents on the road. If you or a loved one has been involved in a truck accident, having an experienced and skilled truck accident lawyer on your side is important. They can help guide you through the complex legal process, ensure you receive fair compensation, and hold responsible parties accountable.
At Walker Texas Lawyer, we are committed to helping our clients receive fair compensation for their injuries and damages. Contact us today for a free consultation to discuss your legal options.
Areas We Serve
Walker Texas Lawyer is located in Houston, just off the southwest freeway near the corner of Edloe St and West Alabama St. We serve clients throughout Texas. Injured in a car, motorcycle, offshore, or industrial accident? We can help you get the compensation you deserve. The following are some areas we serve:
|
|