A truck driver crashes their vehicle into your car, and you suffer an injury. Or a family member is killed as a result of a negligent trucker's actions. In these instances and others where you or members of your family get hurt or killed, seek legal help. Partner with Houston truck accident lawyers who put your health, well-being, and safety front and center.
The Law Firm of Aaron A. Herbert, P.C. offers legal services and support in Houston, TX. Let our Houston personal injury attorney review your truck accident case. Contact us today to get started.
Truck Laws
A truck accident lawyer can teach you about federal and state regulations. If a truck driver or their employer violates these, they can be held financially responsible for an accident. Here are laws that could impact your case.
Hours of Service (HOS)
The Federal Motor Carrier Safety Administration (FMCSA) has hours of service (HOS) requirements. These limit the amount of time that a trucker is allowed to spend driving their vehicle. They help protect against fatigue and exhaustion that can contribute to accidents.
Size and Weight Restrictions
According to the Texas Department of Motor Vehicles (DMV), a truck's gross weight cannot exceed 80,000 lbs on state highways. Also, there are height, length, and width limits for trucks traveling on highways. If a driver is operating a truck that does not comply with these restrictions, they could cause an accident that leads to injuries and fatalities.
Commercial Driver License (CDL)
To legally operate a truck, an individual must have a valid commercial driver's license. This confirms a trucker has the specialized skills required to drive a large vehicle. A CDL also verifies that a truck driver understands the rules of the road.
Along with these, truck companies can require their drivers to complete pre-employment drug and alcohol tests and other pre-employment screenings. These tests are not legally obligated. However, they help ensure that a truck company is hiring a driver who is well-equipped to travel safely.
Truck companies may also continue to assess their drivers' skills and knowledge after they hire them. They can perform random drug and alcohol tests and other tests. If a driver fails these tests but is still allowed to get behind the wheel, they could put other motorists and pedestrians in danger. Even worse, they could cause an accident, and this individual and their employer may be liable.
Who Is Responsible for a Truck Accident?
Truck accident lawyers will review the facts of an accident to determine who is at fault. In many instances, a trucker or their employer is responsible. Other possible at-fault parties include:
- Cargo loader
- Government entity
- Mechanic
- Safety inspector
- Truck manufacturer
To identify any liable parties, consult with a truck accident attorney. For example, a Texas highway accident lawyer can find out how your crash happened. They will consider who was involved and other factors. They can determine who is at fault and help you seek damages.
Damages You Can Request in a Truck Accident Lawsuit
Truck accident attorneys may encourage their clients to pursue economic and non-economic damages. You could receive both types of damages depending on the losses you have incurred in your accident. Here are the damages you may recover.
Medical Bills
You suffer an injury that requires extensive treatment. On top of that, these treatments are expensive. A Houston truck accident lawyer can add up your medical bills. They will account for your current and future medical expenses, making sure you request damages that serve you well now and in the future.
Pain and Suffering
Houston truck accident attorneys understand the challenges that come with calculating pain and suffering damages. They may ask you questions to understand just how much your accident has affected your emotional and mental well-being. This can give an attorney insights to help them determine what is reasonable compensation for pain and suffering.
Lost Income
You lose money since you cannot work due to injury. Houston truck accident attorneys consider your lost income carefully. If your injury prevents you from working for days or weeks, your lawyer will make sure you request compensation for these losses. Alternatively, if you suffer a permanent disability, your attorney may ask for damages that cover you for the rest of your life.
Car Repairs or Replacement
If your car is damaged, get legal help. A Houston car accident lawyer can review your auto repair costs, rental car expenses, and similar charges you incur after a truck driver slams their vehicle into yours. They can request compensation to cover the costs of repairing or replacing your car.
Loss of Enjoyment
Following your truck accident, you may not be able to enjoy your life the same way you did in the past. For instance, you are involved in a sideswipe accident with a truck. The incident is emotionally taxing, and you are no longer comfortable driving your car. At this point, ask a Texas sideswipe accident lawyer for help. They can pursue damages for loss of enjoyment and similar losses for you.
Trucking accident lawyers treat each case as an opportunity to get damages for their clients. To secure damages, you will have to provide a body of evidence to support your argument. You will also have to submit your claim for compensation in accordance with the statute of limitations.
How Much Time You Have to File a Truck Accident Lawsuit
Per Texas Civil Practice & Remedies Code section 16.003, there is a statute of limitations of two years for personal injury lawsuits. If you are involved in a truck accident, pursue damages right away. After two years, you may be ineligible to ask for damages from any liable parties.
A trucking accident lawyer can take a look at your case within days of your accident. When they do, they can explain your legal options to you. They may help you ask a liable party's insurance company for compensation.
Insurance Requirements for Motorists and Truckers
You are responsible for shopping for auto insurance and buying a policy before you operate a car in Texas. It is against the law to drive a car without insurance coverage. Much in the same way, there are insurance requirements for trucks on roads in Texas and across the United States.
FMCSA has insurance filing requirements. If a trucker or their employer is uninsured, the financial consequences of their actions can be severe. Because if a truck driver causes an accident in which they are at fault, this individual or their employer may have to cover any crash-related losses on their own.
How a Truck Accident Insurance Claim Works
A trucking accident attorney can explain the insurance claims process in detail. After your accident, you can report the incident to your insurer. When you do, your insurer can reach out to the other party's insurance provider. Together, both insurance companies can investigate your accident and determine who is at fault.
Trucking accident attorneys understand what can happen throughout the claims process. Even if you are in no way at fault for your accident, a liable trucker, their employer, or another liable party can claim you are responsible. In this situation, an insurance company may dispute your claim.
There is also the chance that a liable party's insurance company will offer you a lowball settlement. If you approve this proposal, you settle for less than what your case is actually worth. As a result, you may have to cover some or most of your accident-related losses out of your own pocket.
Semi-truck accident lawyers can help you negotiate with an insurance company. Throughout your litigation, they will keep you updated about these negotiations. If you get a settlement offer, you can review it with your attorney. On the other hand, if no settlement is reached, you can bring your case to trial.
How a Truck Accident Lawsuit Works
A semi-truck accident lawyer can discuss all that a personal injury lawsuit entails. You may have to move forward with a lawsuit if a liable party does not offer you a fair settlement. It can also be a good idea to submit a lawsuit if an at-fault party is uninsured or underinsured.
As an example, a truck driver causes your accident but does not have any insurance coverage. In this scenario, a Texas uninsured vehicle accident attorney can help. Your lawyer can help you request damages directly from the liable trucker. They can build a case designed to help you secure maximum compensation.
In a lawsuit, you submit your request for damages and wait for a trial. As you get ready for your trial, a semi-truck accident attorney can pursue a settlement. Semi-truck accident attorneys keep the lines of communication open. If the defendant or their attorney proposes a settlement, your attorney will let you know.
If your case goes to trial, your attorney presents evidence and argues on your behalf. In the best-case scenario, your case is clear. A judge or jury agrees that you deserve damages. As such, you get 100% of the damages you initially requested.
Evidence You Can Use in a Truck Accident Lawsuit
18-wheeler accident lawyers understand the value of evidence. Your proof can compel a judge or jury to rule in your favor. There are many pieces of evidence you can use in your lawsuit, including:
- Accident scene photos and videos
- Black box data
- Cell phone records
- Police report
- Truck company records
- Witness statements
Your 18-wheeler accident lawyer can help you gather evidence. If you have a strong body of proof, the defendant in your lawsuit may have concerns. These could lead the defendant to propose a settlement that lines up with your expectations.
Proving Negligence in Your Lawsuit
An 18-wheeler accident attorney can help you prove that the defendant in your case is fully responsible for your crash. You are responsible for showing a liable party was negligent. If you cannot, this party may only be required to pay a portion of the damages you request or none at all.
In truck crash lawsuits, 18-wheeler accident attorneys look for ways to prove the following elements of negligence were present at the time of the incident:
- Duty of Care: This refers to a legal requirement in which a truck driver, their employer, or another party is expected to avoid acts that could put you and others in danger.
- Breach of Duty of Care: When a party violates their duty of care, they put you and others at risk.
- Causation: Due to a party's actions, you are involved in a truck accident.
- Damages: The accident leaves you with quantifiable or subjective losses.
How you prove negligence depends on your case. To understand this, consider an example involving a trucker who drives faster than the posted speed limit and crashes their vehicle into the rear of your car.
In this example, hiring a Texas rear-end accident attorney can make a world of difference. Your lawyer can collect evidence and craft an argument to show that the trucker was negligent. If they are successful, you will get damages you can use to fix your car and cover other accident-related losses.
How Comparative Negligence Applies to Your Case
Texas has a proportionate responsibility statute in effect. Based on this, you can be partly at fault in a truck accident. Your percentage of fault determines if you can still recover damages. If you are 1-50% liable, the damages you can receive can be reduced by your percentage of fault. In a situation where you are primarily liable, you may not be able to get damages.
Consider what can happen if you are 20% liable for your truck accident. In this case, a judge or jury says the defendant in your case is 80% at fault. Therefore, the defendant may have to pay 80% of your damages.
Now, look at what can occur if you are 51% at fault for your trucking accident. You are more to blame for the incident than the other party. Thus, a judge or jury may require you to take full responsibility for your accident-related losses.
Tractor-trailer accident lawyers understand comparative negligence and how it can affect your damages. They can help you prepare a case that shows you are not liable for your accident. Your attorney will also consider ways to dispute the defendant's claims against you.
Truck Accident Wrongful Death Lawsuit
A family member dies in a truck accident, and you and your family are devastated. The incident is the result of someone else's negligence. You have no idea what to do next, as the emotional trauma that comes with the loss of your loved one feels overwhelming.
If a family member is killed in a truck accident, it is difficult to plan for the future. Fortunately, if you work with a Texas wrongful death lawyer, you may be able to ask for damages from anyone responsible for the incident.
Texas has laws in place relating to wrongful death claims. You may sue a liable party if you are a surviving family member or personal representative of a deceased person (decedent). If you choose to file a claim, you have up to two years from the date of a person's death to do so.
Tips for Truck Accident Lawsuits
When in doubt about how to deal with the aftermath of a truck accident, request help from a tractor-trailer accident lawyer. This gives you access to an attorney who advocates for you and protects your legal rights. Your attorney may provide tips to help you throughout your litigation, such as:
Avoid Posting Content on Social Media
Tractor-trailer accident attorneys often recommend staying off social media. If you publish content about your accident on X, Facebook, and other social media platforms, it can be used against you. Instead, share accident updates through phone and video calls, emails, and text messages.
Collect Evidence
Just because you say someone caused your accident does not mean a judge or jury will agree with you. It is in your best interests to gather an abundance of evidence to show that your request for damages is valid. Your tractor-trailer accident attorney can help you collect proof and use it to build a compelling case to present in court.
Let Your Big Rig Accident Lawyer Handle Your Settlement Negotiations
Big rig accident lawyers understand that a liable party or their insurance company may reach out to you after you file your lawsuit. If this happens, do not speak about your case. Notify your attorney, and they can discuss your case on your behalf.
Share Your Legal Concerns and Questions with Your Big Rig Accident Attorney
The legal process can be long and arduous, and you may have concerns and questions along the way. Thankfully, big rig accident attorneys will help you out. Stay in touch with your attorney as your litigation moves forward, and they will continue to do everything they can to assist you.
In addition to these things, it is beneficial to partner with an attorney who has received many positive client testimonials. Read through testimonials to find out what it is like to work with a lawyer. If you believe an attorney has what it takes to represent you, meet with them to discuss your case.
Get Legal Help with Your Houston Truck Accident Lawsuit
If you want legal help with your Houston trucking accident lawsuit, The Law Firm of Aaron A. Herbert, P.C. is here for you. We will give your case the attention it deserves, working with you every step of the way. To request a free consultation, contact us today.