Truck Accident Lawyer In Houston

Writer RajuBhai

If you have suffered injuries and other losses in a truck accident in Houston, TX, it may be possible to recover adequate compensation with the help of a good Houston truck accident lawyer. A truck accident can result in anything from serious to critical injuries, due to the sheer size of the truck in contrast to much smaller passenger vehicles. These injuries gave you a reason to fight a claim against the trucking company, shipping company, manufacturer, or other responsible party. Here at Calhoun Meredith, our experienced truck accident lawyers can help you bring such a claim. Call us today to discuss your case with our attorneys.

As truck accident victims, before filing a serious injury claim, it is important to understand different aspects of such a claim. Here's a look at it.

Common Causes of Truck Accidents

Accidents involving large articulated trucks are caused by a number of factors. In most cases, some type of driver error is involved and contributes to the 18-wheeler accident. Here are some of the common causes: 

• Driving under the influence : Impairment caused by alcohol or drugs continues to be one of the leading reasons for accidents caused by truck drivers. In many cases, the medications used by truck drivers are legal and medically prescribed. However, these can have side effects and make the driver drowsy or have a lapse in judgment. Even a slight deterioration can cause the driver to make a small mistake and result in a serious accident.

• Driver Fatigue : Many trucking companies ignore federal regulations limiting the number of hours a truck driver can drive per day and per week. When drivers are permitted or required to drive longer hours, this can cause fatigue. The driver may then briefly fall asleep or be drowsy, resulting in serious consequences for other motorists on the road. A trucking company can be held directly liable in such a scenario.

• Speeding and Reckless Driving : When driving vehicles that can weigh up to 80,000 pounds, truck drivers have an additional obligation to ensure their own safety, as well as that of other drivers. When they speed up or drive recklessly, they may end up colliding with other vehicles or losing control of the truck causing other vehicles to collide with each other.

• Driving too fast in dangerous conditions : This is also a kind of reckless driving. Dangerous street conditions can be created by adverse weather, construction or repair work, or a variety of other reasons. When this is the case, it is the responsibility of truck drivers to slow down in order to minimize risk. If the driver continues to travel at a high speed, the chances of a collision become significantly higher.

• Unsafe Cargo – In the case of commercial trucking accidents, you should know that the cargo on board a truck must be safe and within specified weight limits. If the load is over the limits or not properly positioned, it can fall off the truck or cause the vehicle to spin out of control.

• Vehicle defects : Vehicle defects can be of two types. One class of defects resulting from poor vehicle maintenance, an under-inflated tire or brake failure generally falls into this category. The second type of defects is caused by the malfunction or failure of vehicle parts. This is usually the result of a manufacturing fault in the specific part. Both types of failures can make the vehicle unpredictable at high speed and can create hazards.

Common Injuries in Truck Accidents        

In accidents with other vehicles, commercial trucks often tend to cause catastrophic injuries. This is simply due to the sheer weight and size of these vehicles compared to other smaller vehicles such as SUVs or pickup trucks. When loaded, commercial trucks can weigh up to 80,000 pounds. By contrast, a typical passenger vehicle weighs only about 4,000 pounds. In the event of a collision, the truck is very likely to cause extensive damage to the other vehicle and harm its occupants.

For this reason, it is common to see serious or critical injuries involved in most accidents involving trucks or semi-trucks. Some of the most common injuries the victim suffers in a truck accident include:

• Damage to soft tissues and muscles . These are usually the most benign type of injuries suffered by victims in a truck accident. Even so, damage to muscles, tendons, or soft tissue, such as in the case of a whiplash injury, can result in devastating pain. This is why it is possible to recover damages for such an injury.

• Head, neck and back injuries . These are critical injuries that can end in temporary or permanent disabilities that are partial or total. These include a spinal cord injury, traumatic brain injury, as well as others to the head and back. Even in the best of cases, if you suffer from any of these, it will take a long time for you to fully recover. This can mean lost wages and financial stress that can only be offset by seeking fair compensation.

• internal injuries . These include damage to internal organs. Injuries of this type are not immediately apparent, especially in the aftermath of an accident. This is why it is always essential to undergo proper medical treatment after a truck accident, whether or not you feel you have been injured.

• burns . In many of the collision incidents between 18-wheelers and smaller vehicles, it is not uncommon for the smaller vehicle to catch fire. When this happens, people inside the vehicle can be severely burned.

• disfigurement . Many people suffer injuries from truck accidents in the form of disfigurement and scarring of the face, hands, and other visible parts of the body. The law allows these victims to seek compensation for non-economic damages for such scarring and disfigurement.

In the most extreme cases, a truck accident can result in the death of one or more victims. When this happens, you will need to file a wrongful death claim instead of a personal injury claim . If the other driver or the insurer refuses to honor the claim, she can consult with her lawyer to start a wrongful death lawsuit.

Truck Accident Lawyers Advice: How to Prove Negligence in a Truck Accident Lawsuit?

After a truck accident, you will be pressured to prove your claim before you can receive any compensatory damages. When you file the claim, the responsible party will fight you fiercely, try to reject your claim outright, or try to cut your damages to the smallest amount possible. However, if you can support your claim with the correct evidence, this will help you secure a good settlement. Typically, you will need the help of a good Houston truck accident attorney in proving your claim. 

As any attorney will confirm, there are four legal elements of negligence that must be proven for your claim to be valid. These are the following:

• Duty of care : You must first prove that the responsible party was not careful and this led to medical bills and other damages. For example, a driver on the street has a duty of care towards other drivers. This duty means that the driver must comply with traffic laws and be a responsible driver in general. Similarly, a trucking company owes it to other drivers to keep their vehicles running smoothly by ensuring the safety of other people on the road. A similar duty of care can be shown to a delivery company, manufacturer, or any other negligent party.

• Breach of Duty of Care : The second essential element in proving negligence is to show that there was a breach of this duty. Using the examples above, if a driver is drunk or driving over the posted speed limit, this is a breach of duty of care. The same is true when a truck is unsafely loaded or its brakes fail due to poor maintenance. The party responsible for the duty of care will be held guilty in case of breach.
• Causation : Proving a breach of duty of care is not enough to have a valid claim after accidents. In addition, you must prove that this particular breach directly caused the accident. If the driver was drunk, this in itself is not enough. It must be shown that the driver's intoxication is directly related to the accident he caused. Similarly, brake failure on a commercial semi-truck isn't enough. You must prove that the truck accident that occurred was caused precisely by this ruling. A direct causality must be demonstrable between the offense and the accident.
• Damages : This is the final element of accident negligence. After you have proven the three elements above, now is the time to prove that the accident caused by a breach actually resulted in damages to you. Such damages may be to your person in the form of injuries, damage to your vehicle, etc.

The responsible party in a truck accident claim will naturally do everything possible to counteract your claim. This is why it is essential that you collect the relevant evidence to support your claim as soon as possible. 

Here are the types of proof you will need when filing for compensation:

• Police report : Law enforcement officers usually arrive at the scene of the accident, assess the situation, gather the facts, take statements from the parties involved, and then file a report that summarizes all of this. This can also indirectly indicate which party was at fault. The police report is vital evidence that can support your claim and can also be helpful with insurance companies.
• Photos and videos of the scene : You and others present at an accident scene can take photos of the damaged vehicles and other circumstances. Similarly, videos of the accident can be captured by bystanders, nearby CCTV cameras, or by you if you are able to do so after the incident. In some cases, trucks have dash cams that record the precise moment of the accident. Images from such cameras can be invaluable in establishing how the accident occurred.
• Black Box Facts : Semi-trucks have a black box on board. This device records important information such as the speed at a certain time, the position of the wheel, the use of brakes and GPS coordinates, among other things. These data can shed light on the behavior of the truck just before an accident occurred. As such, this information can prove invaluable in the success of a claim.

Doing it yourself, it can be immensely difficult to be able to collect CCTV footage from cameras around the accident site, or truck black box data after road accidents. Insurance companies, the trucking company and other third parties can use many tactics to prevent this data from being collected. Worse yet, if you delay, this data may be erased to prevent it from being used as evidence. 

This is why it is always a good idea to hire a personal injury lawyer as soon as possible. A good law firm will act quickly to gather the relevant evidence before it is lost.

Who is liable in a truck accident?

Various parties can be held liable in a trucking accident, from individual drivers to trucking companies. The actual party responsible depends on the precise cause of the accident. The following are the entities that are usually responsible in such accidents:

trucking company

A trucking company is most often the responsible party in such an accident. This is because the company is required to abide by certain rules and regulations when it comes to the operations of their vehicles.

If the truck driver is found to be unqualified, working overtime, keeping incorrect records, abusing drugs or alcohol, lacking a proper license, or otherwise negligent, the trucking company will be liable. This is because the company is responsible for ensuring that its drivers are trained, qualified and suitable for the job.

If accidents occur due to a failure that should have been foreseen during maintenance, the trucking company will be responsible. This applies when the trucking company has in-house maintenance for the vehicle.

external contractor

An outside contractor, in the case of trucking companies, may be responsible for handling the maintenance, repair and service of trucks owned by a company. If the cause of an accident is poor vehicle maintenance or long service hours on the truck, the claim will likely be filed against the outside contractor. The contractor may try to shift the blame onto the trucking company, and the trucking company will reciprocate. A good Houston Texas truck accident lawyer will help you locate the responsible party so there are no delays in your claim.

Shipping company

During the operation of a truck, it is usually the responsibility of a shipping company or the driver of a commercial company to load and unload. Safe cargo loading is essential to the safety of the truck and other vehicles on the road. If it is not properly secured, it could move during transport and cause the truck to spin out of control. If the weight is over the designated limit, it can prevent the truck from braking properly and thus create other hazards. This is how accidents happen.

When a truck accident occurs due to problems with the weight, positioning or securing of the cargo, the shipping company will be responsible. For Texas , there are several federal regulations in effect in the event of such incidents, and your attorneys will be able to help.

Manufacturer

In some rare cases an accident involving a truck can be caused by defective parts. Failures caused by defective parts can be traced back to the company that manufactured these parts. Even in the case of a fatal truck accident, the manufacturer can be held liable for the defects and therefore the accident. In such a case, it is possible to file a product liability claim against the company.

What damages can you recover from a truck accident?

As victims or families of victims, you should know: a truck accident can cause catastrophic injuries resulting in high medical costs for treatment, rehabilitation, surgery, and therapy. You may also be prevented from returning to your job, or lose your job forever. These are losses that can ruin you financially and emotionally. This is why it is so important to hold the at-fault party accountable and make them pay for damages to cover these losses. 

In general, you can seek the following types of compensation for your truck accident losses:

Medical Expenses : In the case of a commercial vehicle accident, these include the full medical costs of your treatment and rehabilitation. Depending on the nature and severity of your injuries, these may cover doctor's fees, prescription drug costs, expenses related to any surgery and medical tests that are required, the costs of any specialized equipment you may need in the short term or long term, as well as the costs of physiotherapy and rehabilitation. You can also request special damages if you need modifications to your car, home, or workplace due to disability related to your injuries.

Lost wages – Injuries caused by a commercial motor vehicle accident can prevent you from resuming work for days, weeks, or even months and years. This results in lost wages, since you are no longer able to earn your weekly or monthly salary. Since the lost wages are caused by the injury, which itself was caused by the accident, you may be able to seek damages in lieu of lost wages from the responsible party. In addition, you can also seek compensation for lost earnings potential. This is possible when an injury permanently prevents you from returning to your previous occupation, forcing you to learn and master a new skill in order to earn wages.

Dolor y sufrimiento: Además de las pérdidas tangibles en un accidente, por el que se pueden buscar daños económicos, también es posible recuperar daños no económicos por sus pérdidas intangibles. Por ejemplo, usted puede buscar daños en lugar del dolor y el sufrimiento causados por un accidente, ya sea que este sufrimiento fuera físico, mental o emocional. Muchos estados ponen límites a los daños no económicos, sin embargo, Texas no tiene límite en la cantidad máxima de dolor y daños que usted puede buscar. En la mayoría de los casos, se utiliza un método multiplicador para calcular la cantidad de dolor y sufrimiento de daños. Los daños económicos se multiplican por una cifra y así, se calculan los daños no económicos. Cuanto más dolor y sufrimiento cause una lesión, mayor es la cifra multiplicadora que se utiliza.

Loss of Consortium : An accident can significantly affect the quality of your life forever. You may no longer be able to enjoy relationships with your family, or interact with the same confidence in social situations. You can also seek damages for such losses.

Punitive Damages : Punitive damages are relatively rare in trucking collision cases. However, when awarded, they are meant to act as a kind of punishment to the responsible party. This particular type of compensation is awarded to accident victims only when the negligent party was guilty of willful recklessness, fraud, malice, or simply drunk driving.

Why Do You Need a Houston Truck Accident Lawyer?

When victims or their families are filing a claim for a truck accident, you are dealing with trucking companies or insurers in most cases. As clients of an experienced law firm, you have a better chance of success. These entities have legal teams and extensive resources at their disposal. You can file a claim on your own, but it can be immensely difficult to win. This is why our clients look to us for help.

Defendants will face various objections and counter offers so that you may be forced to give up your claim or accept a much lesser amount in settlement.

This is where a good lawyer can help you. Trusted attorneys work with you during consultations to identify the at-fault party, gather all pertinent evidence, and seek compensation. Personal injury lawyers are well aware of how such claims work, and they know how to counter the mishandled tactics of the other side. So having a lawyer on your side can be immensely helpful.

Here at Calhoun Meredith , we have been offering consultations and serving clients in Houston and surrounding areas for a long time. Our world-class attorneys have many decades of experience between them. When we attend to your claim, our goal is to get you the compensation you deserve. In doing so, we go the extra mile and stay with you even if the lawsuit escalates into a personal injury lawsuit. Call us today to schedule a free session with our attorneys.