Category: Truck Accidents

Advice from a Texas Truck Accident Lawyer

Involved in an 18-wheeler Truck Accident?

Trucking accidents are responsible for a large number of fatalities and serious injuries across the United States every year. If you are involved in an accident with an 18 wheeler or a commercial vehicle, there are several steps you should take following the accident to protect your legal rights. Your actions following the truck accident can assist or they can hurt you. These guidelines will help protect your rights and hopefully place you in a position to receive fair and proper compensation for your damages and injury claims caused by the truck driver and the trucking company

If you are involved in an accident with an 18 wheel truck or a commercial vehicle, here’s some basic advice from an experienced Texas Truck Accident Lawyer:

Immediately after the accident, it is crucial to say as little as possible to the driver of the truck. Even saying making statements as innocent as “I’m sorry” or “No, I’m sure I’ll be fine” or  I’m OK” can be used against you.

Immediately after the accident, it is important to contact the police. This will ensure that critical facts of crash scene are preserved. If you have a camera in your vehicle, take a picture of the truck accident scene. Also try to take pictures of any scrapes or marks on the truck, any evidence of damage to your vehicle, and take photographs showing all signage or markings on the truck, such as the company name on the cab door as well as photographing the license plates on the truck and the trailer. These photos can be used as facts and evidence and help you retain the details of the accident. If you are injured, wait for emergency crew and do not move unless you need to get out of a position of danger.  Your safety, must comes first.

Make sure you or someone at the scene writes down all the details of truck and driver involved in the accident. If you or your family is injured, let the police help you with proper documentation of the accident. Never talk to the other party or try to evaluate the cause of the accident with the truck driver, only speak to the police officer. Remember at this point, you must protect your rights. The truck driver will try to protect themselves and they will often say or assume that you were the cause of the accident, even if that is not the case.

Even if you feel that you have minor injuries, you should be examined by a medical professional seek proper medical attention if necessary. Not all injuries become 100% apparent at the scene of an accident. Sometimes people can be so shocked by a sudden accident that they don’t pay immediate attention to how they are feeling, and only much later realize their injuries. Failure to catch injuries in the beginning can lead to complications down the road. If you do not have health insurance plan, do not let it prevent you from getting the care that you need.

After you have received medical care, you need to contact your insurance company to report the truck accident and consult with an experienced truck accident attorney.  Never talk to or make any statements to the trucking company or the trucking company’s insurance company without the advice of a lawyer. Having an attorney that has experience with truck accident laws and issues can help you receive appropriate compensation for your damages and injuries.

The trucking companies and their insurance companies already have their attorney retained, sometime on staff. At this point, no matter what they say, they do not have your best interest in mind. They are building a defense case against you. In another words, they are looking at ways to pay you the least amount for the damages and injury. If they present you with any document to sign, never sign it without having an experienced attorney review it first.

Your truck accident lawyer will investigate police records, insurance policies, and evidence surrounding your truck automobile accident for your individual injury lawsuit. In some cases, an accident reconstruction expert may be referred to determine who was at fault for the accident. This expert can also review the case to come across violations of any commercial truck regulations. Failure to abide by these regulations shows liability on the part of the truck driver and to the trucking company.

If you or your family have been involved in a serious semi truck or 18-wheeler accident, you should act quickly to get proper advice and counsel.

 Double Board Certified attorney with over 24 years of trucking litigation experience, and has handled literally hundreds of accidents involving 18 wheel trucks and commercial vehicles.

In case you, or a loved one, have been involved in the trucking crash, you need to begin preserving evidence and preparing your case as soon as possible because there is a statute of limitations that could bar your claim if you wait too long, and you don’t want to put your attorney at a disadvantage by waiting until the last minute to make your claim.

Causes of semi truck accidents on Texas’s highways and roads

Common causes of semi truck accidents in Texas

Eighteen-wheeler and other large trucks often weigh 10 times the weight of most passenger vehicles. When an accident occurs, the smaller passenger vehicle, driver and passenger can be seriously injured.

The big rigs travel everyday on highways and roads with passenger vehicles, and, because of that, it is important that truck operators drive cautiously and not take risks. Too often, however, either the truck driver or the trucking companies compromise safety and truck accidents occur.

The following are common situations that can contribute to a semi truck accident.

truck accident lawyers

  • Aggressive drivers
  • Unrealistic schedules
  • Failure to inspect tires, brakes and lights
  • Tailgating
  • Lengthy work-shifts
  • Driving with an unsecured load
  • Use of amphetamines by the truck driver
  • Tire tread separation and tire blowouts
  • Driver fatigue
  • Cell phone use
  • Failure to install blind spot mirrors
  • Truck jackknifing and rollovers on slippery roads
  • Speeding and ignoring reduced truck speed limit

If you are injured in an accident involving a large truck, it may be possible to file a personal injury or wrongful death lawsuit against both the negligent truck driver and the trucking company that employs him or her. If the accident involves a commercial vehicle you may also have a claim against the insurer of the trailer.

Involved a Semi-truck accident?

Our attorney is an experienced Texas Truck Accident Lawyer who will investigate your case and find out if the trucking company, driver, or the owner of the trailer is responsible for causing the accident and, if so, seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability, and for other damages. We also represent family members in wrongful death cases

Negligence and Liability in a Truck Accident Case

Truck accidents involving passenger vehicles often cause serious injuries or death. Truck mishaps typically involve some type of negligence on the part from the truck driver, the trucking corporation, or both. Basic care and attention to detail by the truck driver and the trucking organization that hires them can prevent several accidents from happening.

Pressure drivers to perform beyond their physical limitations or sacrificing safety puts other drivers on the road at risk. Truck mishaps generally have multiple contributing causes. The following are some with the common causes of truck accidents:

18 Wheeler accident Negligence and Liability in a Truck Accident Case

  • Driver exhaustion – Both federal and state law regulate the number of hours a driver can drive in a given day and week.
  • Driver exhaustion and stress. This is a major problem.
  • Trucks Over weight and exceeding the maximum allowed load
  • Driver distractions and inattentiveness.
  • Texting or mobile phone usage are often the cause
  • Driver use of drugs or alcohol – Some drivers occasionally turn to illegal drugs to get a boost their ability to stay awake while driving long hours and distances. Trucking businesses are supposed to perform mandatory substance abuse screenings when each driver is hired. Truck drivers are also required to do regular screenings to monitor for substance abuse.
  • Truck containers or loads that are improperly secured or off balance.
  • Improper loading of trucks and trailers – A poorly loaded trailer impairs the handling of the truck and trailer, makes it more difficult for the driver, and, might cause the trailer to tip. A poorly loaded trailer may affect the capability of the driver to keep the truck and trailer under control. When determining liability in the truck and automobile accident, the weight of the truck and trailer at the time of the accident as well as the material being hauled should be considered.
  • Improper inspection and maintenance of trucks – Rigorous inspection and maintenance in the tractor and trailer is expected legally and ought to be performed by the driver at every stop.
    Negligent passing, speeding, and failure to adhere to the rules of the road – Trucks are particularly dangerous when driven at a high rate of speed given their size and also the longer braking period to stop. The National Highway Traffic Safety Administration has discovered that over 25% of truckers involved in fatal crashes had prior speeding convictions on their record.

Hire a Experienced Attorney with Truck Accident Experience – Don’t Hire A Rookie

If your loved ones are victims of a Texas truck accident make sure you contact a lawyer that has actual expertise with these complex cases. Our attorney is an experienced Texas Truck Accident Lawyer who will analyze all aspects of your truck accident case and make sure that your rights and interests are protected. Our Office is in Houston, Texas, but his Trucking accident practice ranges all over the state of Texas and across the United States.

We has been trying and handling truck accident cases for more than 24 years. Don’t hire a rookie. If you need a truck accident attorney that understand the complexities of truck accidents, their causes, commercial trucking regulations, and insurance coverage issues.

This firm offers a free legal consultation and comprehensive case evaluation. The Trucking companies and the insurance companies have lawyers representing them from the very day the accident happens, make sure you get the best representation for you and your family as soon as possible.