Truck accident attorneys are real life saviors protecting you when you’re bearing the worst time. No one would be reading this, except their life probably changed in a split second and its the day and night.
Anything at any moment is possible. Maybe you were commuting home on I-10 in Houston, or perhaps you were heading out to the Permian Basin for work, unaware of the dangers posed by 18-wheelers .
You were the positive one, thinking about dinner or a song on the radio; the next, you’re colliding with a large truck.
There are more 18-wheeler accidents in Texas than anywhere else in the USA. But for you, this isn’t a statistic; it’s a reality that many face when involved in a truck accident. It’s a hospital room, a wrecked car, and a mountain of questions about what happens next. This guide is written to help you understand that seeking justice with help of experienced Texas truck accident attorneys is important.
The Reality of Truck Accidents in Texas
We all know everything is bigger in Texas, and unfortunately, that includes our trucking industry with many truck drivers on the road, making truck accidents often a concern for accident victims and their families. Our state is the logistics hub of North America, heavily influenced by the presence of commercial trucks and the number of hours a truck driver must spend on the road. Because of that, our roads are shared by thousands of tired drivers and massive trailers, increasing the risk of an accident with an 18-wheeler across the state of Texas.
When a standard car (about 4,000 lbs) meets a commercial truck (80,000 lbs), physics is never on the side of the car in a truck accident.
These are the real life-altering events: spinal cord damage, traumatic brain injuries, or the tragic loss of a family member and everyone should be aware of it.
It’s Not Just “Two Drivers” in Truck Accident Case
In a normal car wreck, you trade insurance cards and move on. In a truck wreck, the driver is just the tip of the iceberg; the truck driver may also face legal challenges. Behind that truck driver is a trucking company, a shipping giant, a maintenance contractor, and a massive insurance corporation. They have teams of lawyers on standby before the police even arrive at the scene. You don’t just have to fight a person; you’re fighting a system designed to protect profit and it is a bitterish truth.
Why Do These Wrecks Keep Happening?
To win a case, we have to look at the “human error” behind the wheel, but also the “corporate greed” in the office.
1. The Exhaustion Factor
The Federal Motor Carrier Safety Administration (FMCSA) has “Hours of Service” rules to ensure that truck drivers are not fatigued, reducing the risk of truck accidents often caused by tired drivers. These large commercial trucks are supposed to keep tired drivers off the road to prevent big rig accidents. But in real life, “time is money and we mean it.”
The companies pressurize drivers to skip sleep to meet a delivery window which is unrealistic. It is a major reason for increasing the risk of a truck crash, particularly in commercial vehicles like 18- wheeler. When a driver is awake for 20 hours straight, they are essentially as dangerous as a drunk driver, creating a risk for a big rig accident and potential personal injury claims.
2. The “Oil Patch” Rush
For the ones residing in West Texas or South Texas, the “Oil Patch” drivers are very known. These trucks for the shortcut purpose are often seen hauling heavy equipment on narrow, two-lane farm-to-market roads that weren’t built for them, causing serious injuries and unfortunate accidents. The pressure to keep the oil flowing leads to shortcuts in safety and maintenance.
3. Maintenance Shortcuts
Brakes fail, often leading to devastating accidents that require the expertise of semi-truck accident lawyers. Tires blow, especially in high-stress situations like a semi-truck accident. Steering hitches are common causes of truck accidents that can lead to serious injuries. A truck requires constant, expensive maintenance. When a company decides to save a few thousand dollars by delaying a brake replacement, they are gambling with your life.
The “Black Box”: Your Most Important Witness
Did you know that the modern trucks are made with a “brain” to help prevent truck accidents often caused by driver error? Yes! You absolutely should consider hiring a truck accident attorney to assist you. In personal injury law, having a supportive family can make a difference. ECM (Electronic Control Module) makes them work exactly like a brain, helping to prevent situations that could cause the truck to malfunction. Previously only the airplane’s were made with the black box; this device records how fast the big truck was going, when the truck driver hit the brakes, and if they were using cruise control.
Crucial Warning: After a vehicle accident, it is essential to consult with an experienced truck accident attorney. Trucking companies don’t have to keep this data forever, which can be detrimental to your truck accident law case, especially if the accident happened recently. If you don’t act quickly to send what’s called a “Spoliation Letter” (a legal “do not delete” notice), that data can be “accidentally” overwritten. This is why getting a law firm involved early isn’t just about suing; it’s about protecting your rights as a truck accident victim who may have suffered injuries in an accident with a big rig. Preserving the truth about types of truck accidents is crucial for a successful lawsuit in Texas.
The 51% Rule: Texas Law Explained Simply
In Texas, the Modified Comparative Fault rule is active. According to this rule you might say you were speeding or that you cut the truck off. If they can convince a jury that you contributed to the accident, you get nothing. Zero Compensation for spinal cord injuries caused by a truck accident can be sought with the help of semi-truck accident attorneys. If they convince a jury you were 20% responsible, your check gets cut by 20%.
They will use your own words against you in a personal injury case related to a truck accident, so it’s crucial to consult with semi-truck accident lawyers. This is why you should never give a “recorded statement” to the truck’s insurance adjuster without an experienced attorney. They aren’t being friendly; they are looking for a reason to pay you less.
What Kind of Help Texas truck accident lawyers actually provide?
Below are the forms the Texas truck accident claim could be filed; consult an experienced Houston truck accident attorney for assistance.
- Medical Bills (Past and Future) related to serious injuries from a truck accident. Don’t just think about the ER visit. Think about the surgery you might need three years from now, or the physical therapy you’ll need for the next decade after being involved in a truck accident.
- Lost Paychecks: If you were injured in a truck accident, lost paychecks can add to your financial woes. If you can’t work, how do you pay your mortgage while dealing with a personal injury claim, especially if you need to hire a Houston truck accident lawyer? We calculate not just what you lost today, but what you would have earned over your lifetime.
- Pain and Anguish: This is the “human” part. The nightmares, the loss of ability to pick up your kids, and the physical pain that stays with you after a fatal truck accident can be overwhelming; you should consider hiring an attorney for support.
- Punitive Damages can be sought in cases involving commercial trucks that cause severe personal injury. If the company was “grossly negligent” (like letting a driver work with a known drug habit), the court might punish them with extra fines in a personal injury lawsuit to make sure it never happens again.
The Insurance Company’s Attempts to Negotiate Truck Accident Claim
Within hours of a crash, the trucking company’s “Rapid Response Team” is at the site of the commercial vehicle accident to minimize liability for their Texas truck accident case. They are taking photos that make the scene look better for them, potentially affecting the outcome of the commercial truck accident investigation. They are interviewing witnesses while they are still confused.
Their favorite move? To avoid any personal injury lawsuit that might arise from a truck collision, it’s advisable to contact a truck accident lawyer today. The Quick Settlement. They might offer you $50,000 while you’re still in the hospital, but you should consider a free case evaluation first. It sounds like a lot of money when you’re worried about bills, but it usually comes with a “release” that prevents you from ever asking for more in a truck accident lawsuit. You later know that your medical bills are actually $200,000, it’s too late because you signed a document already. Never sign anything until the full extent of your serious injuries from the truck collision is known.
Steps You Need to Take (If You Are Able)
If you are reading this shortly after a car accident involving a truck, take a deep breath and consider contacting our Houston truck accident team for guidance. Here is your checklist:
- Prioritize Your Health after a truck accident; seek help from a personal injury lawyer. Do not “tough it out” after being involved in an accident; seek legal advice immediately. Adrenaline hides pain, especially after a traumatic truck crash. Go to the doctor for a free consultation regarding your truck accident injuries and consider a free case evaluation with a truck accident law firm.
- The Police Report can be crucial in a commercial vehicle accident case, especially for establishing fault in a Texas truck crash. Make sure the officer gets your side of the story. If you can’t speak, make sure a family member follows up later about how the accident happened.
- Photos are King: If you or a friend can, take pictures of the truck’s tires, the skid marks, and any logos on the side of the trailer to support your personal injury law case.
- Silence is Golden: Don’t post about the accident on social media; it could affect your personal injury law case, especially if you’re seeking a truck accident lawyer today. Insurance adjusters “stalk” these accounts to find photos of you smiling or walking, which they will use to claim you aren’t really hurt.
Conclusion
You don’t need an experienced truck accident lawyer who handles “all kinds of cases” but someone who knows the specific federal trucking laws (the FMCSA regulations) so you’re all safe from the risks of truck accident injuries.
In Texas, we pride ourselves on being tough and independent, but we also recognize the importance of having a skilled truck accident attorney in Houston. But it seems totally different and annoying when you are up against a global shipping corporation; you shouldn’t have to stand alone but hire a partner who deserves to handle all types of truck cases.
Stay strong, focus on your healing, and let a professional handle the fight. You’ve been through enough; it’s time to hire an attorney to help with your case.
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FAQs
I can’t afford a Houston truck accident lawyer! What should I do?
Almost all Texas truck accident lawyers work on a “contingency fee.” They take a percentage of what they win for you. If they don’t win your injury claim, you don’t owe them a dime, which is a relief when hiring a truck accident lawyer today.
The driver was a nice guy; I don’t want to ruin his life. What is for me to take action about?
Lawsuits are almost always directed at the insurance policy for truck accident injuries. The liability falls on the trucking company, not the truck driver’s personal bank account, especially in cases involving an accident with a big rig.
What if an 18-wheeler happened a year ago and I want to file a lawsuit now?
In Texas, you generally have two years to file a personal injury claim. However, the longer you wait, the harder it is to find the “Black Box” data and witnesses after a truck crash. The best time to start was yesterday; the second best time is today, especially when dealing with types of truck accident cases, so don’t hesitate to contact a Houston truck accident lawyer.
Sarah M. Denny is a virtual researcher and the lead voice for legal clarity at US Attorney Advice. With a focus on simplifying the often-intimidating world of legal rules and federal regulations. She sources verified data and federal safety records to support the ones in need. Her hard work is to empower individuals with the knowledge they need to face David vs. Goliath legal battles on rough roads.
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