Truck Accident Attorneys in Houston, Texas
30 Years of Experience Helping People in Texas Recover and Reclaim Their Lives After a Trucking Accident.
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Sharing the road with 18-wheelers is a fact of life. Every time we get on the road, we drive alongside big rigs and trust that they are properly managed and maintained.
When a truck and a passenger vehicle collide, the results are often devastating. Because of the sheer size difference between the two vehicles, the occupants of the passenger vehicle are usually at a disadvantage in these accidents. Truck drivers, on the other hand, are generally better protected in the cab of their trucks and rarely suffer serious injury in an accident. The driver and passengers of any other vehicles involved in the accident, on the other hand, can suffer life-changing injuries.
If you’ve found yourself in this position, you are not alone. The Texas Department of Transportation released a crash data report in 2021 concluding that commercial vehicles in Harris County were involved in:
- 3,514 incidents of property damage without injuries.
- 451 non-incapacitating injuries.
- 121 incapacitating injuries.
- 46 fatalities.
The moments after an accident involving a big truck can be confusing and painful, particularly if you have been seriously injured. While you try to figure out your next steps, the truck driver has a team of people on their side to guide them through the accident and what to say to police.
While the injured party is taken to the hospital or sits at the scene in a state of shock, the truck driver is able to give an immediate statement to Houston police. Depending on your physical and emotional state after a crash, you may not be able to speak to police for some time. Meanwhile, they form a conclusion about the accident without all of the facts.
Causes of Trucking Accidents
The cause of a semi-truck accident must be determined in order to find fault and liability. These types of accidents do not often come in the form of deliberate acts of recklessness, but instead from the fact that 18-wheelers are usually operated with very little rest, across long stretches of highway, at all hours of the day and night.
The most common causes of big rig accidents include:
- Wide turns.
- Driver fatigue.
- Slow stopping times.
- Stimulants or substance abuse.
- Tire blow-outs or equipment failure.
These types of accidents do not often come in the form of deliberate acts of recklessness, but instead from the fact that 18 wheelers are usually operated with very little rest, across long stretches of highway, at all hours of the day and night.
When a mistake is made, the truck driver has an entire team of people supporting them as soon as an accident occurs. You should have support, too.
Truck Accident Laws in Texas
The laws surrounding car accidents in Texas can be complex, and different aspects apply according to the circumstances of your case. However, there are a few important factors to consider when pursuing a personal injury case.
• Statute of Limitations
Texas has a two-year statute of limitations on personal injury claims. In most cases, a lawsuit must be filed within two years of the accident. This can complicate a case for those who don’t seek medical attention immediately following a wreck and find that their injuries resurface over time. Always get medical attention after any accident, as you might not immediately notice some injuries.
• Liability Laws
Liability for vehicular accidents in Texas is determined by who is at fault. It is possible for all parties involved, including the injured party, to be partially liable for an accident. The facts surrounding the case will establish who is at fault, and to what extent. If the injured party is found to be somewhat at fault, their compensation may be reduced.
The insurance company and your auto accident lawyer will complete separate investigations to understand, among other things:
- Negligence of all parties, including how the accident could have been avoided.
- Recklessness of all parties.
- If intentional misconduct was involved.
- If a defective part or product from the vehicle is to blame.
• Fault-Based Insurance
Texas has a fault-based system of personal injury recovery. The party found to be at-fault for an accident will be responsible for compensating the injured party. As such, the state has a required minimum coverage amount. People can choose to increase their insurance beyond the required minimums. If the total damages from an accident exceed the at-fault party’s coverage, they may have to pay the rest out of pocket. In cases like these, an auto accident attorney would negotiate with both insurance companies and opposing counsel.
- $30,000 per injured person.
- Up to $60,000 per accident.
- $25,000 for property damage per accident.
The required commercial liability insurance minimums in Texas depend on the weight of the truck and the type of load being hauled. An experienced attorney will be able to determine how much insurance was required for the vehicle involved in the accident.
What Does a Truck Accident Lawyer Do in Texas?
If you or a loved one were seriously injured in a trucking crash, the last thing you need to worry about is fighting the trucking company’s insurance company over fair compensation. Although trucking companies and their drivers are usually well-insured, insurance companies will often try to pressure you into accepting their first – and lowest – offer. This tactic works because people recovering from a devastating truck accident often feel overwhelmed by the prospect of going back and forth with the insurance company while their medical and personal bills pile up.
Truck accidents are unique in that it isn’t just the truck driver who can be held liable. The trucking company is liable not only for its own actions, but also those of its truck drivers, even if they are independent contractors. The company has a duty to reasonably prevent accidents. This is achieved through regular vehicle inspections, training procedures, and adhering to all federal safety regulations. If the company does not fulfill its duty of care resulting in an accident, the company itself could be liable for damages.
In addition to the trucking company, the truck manufacturer could be found liable if a defective part is the cause of an accident. Examples of this include bad brakes and tire blowouts.
Deciphering who is at fault is a complex process. By hiring an experienced Houston car accident attorney, you have someone in your corner to handle the insurance companies for you. Our attorneys have been working in Houston for over 30 years. With this experience comes an in-depth understanding of the strategies employed by insurance companies, what is needed for your case to be as successful as possible, and the local legal system.
Auto accident lawyers should keep you informed of the entire process while they shield you from insurance companies. They should listen to your concerns and answer your questions. The months after a car wreck don’t have to be confusing and overwhelming.
In addition to keeping you updated and informed, auto accident attorneys:
- Gather and examine relevant evidence such as police reports, photographs, medical records, and witness statements.
- Establish causation, liability, and fault according to the circumstances of the crash and laws surrounding liability.
- Assess the full extent of your damages.
- Build a strong case based on all the details of the case, including contacting relevant medical professionals.
- Negotiate with insurance companies and/or opposing counsel for fair compensation.
- Represent you in court, if necessary.
Because You Deserve Compensation For Your Injuries
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Why Choose DeSimone Law Office?
Our injury attorneys are well versed and specialize in vehicle accident laws as well as personal injury and wrongful death claims.
If we cannot recover damages for your accident injury or wrongful death claim, you pay us nothing.
When you call DeSimone Law Office you will speak to an attorney directly – not through a paralegal or secretary.