Serving Justice

Texas Truck Accident Lawyer

An accident between a commercial truck and a car is often more serious and far more complicated than an accident involving only cars. Large trucks often weigh 20-30 times more than a passenger vehicle, according to the Insurance Institute for Highway Safety. Given the huge weight difference and potentially hazardous cargo, there is a much greater chance of a serious injury or fatality for a truck driver, passenger, or even pedestrian that is involved in a trucking accident. Additionally, with a semi-truck, tractor-trailer, or another large commercial vehicle, determining fault among the driver and the companies involved is not always straightforward. Ramsey Law Group has extensive experience helping clients get the maximum amount they are entitled to after truck accidents. We have the resources and knowledge to see a case through no matter how long it lasts. Call today for a free consultation with a Houston truck accident lawyer.

Filing a Houston Truck Accident Claim

rear end truck accident in houstonWhen examining a truck accident, there are often many parties involved that may be fully or partially liable for the accident. Beyond the truck driver, the company who owns the truck and the company who owns the trailer are also potentially responsible in the event their negligence causes a personal injury. Also, brokers who bring the trucking company and those who need products shipped together can be a potential party in your trucking accident case. Depending on the accident, Ramsey Law Group will look at each of the involved entities to see who contributed to the accident. For example, a truck driver may not have had proper training, been encouraged to ignore driving time requirements, which means the trucking company employing them could be held responsible for causing the truck accident. Also, a trailer could have been loaded improperly, making it unsteady on the road. If that was the cause of an accident, the trailer company could be held liable. Examining each accident and each company involved lets us seek retribution from everyone responsible. Given the variety of parties involved and the resources they have at their disposal, as well as different state and federal laws that need to be considered, trucking accident cases can often take several years to be brought to completion, but Ramsey Law Group is committed to making sure our clients get the payout they deserve. Our Texas car accident lawyers take time to gather all the evidence we can, consult with knowledgeable parties in the industry to get expert opinions on the cause of an accident, and ultimately hold the liable parties accountable.

How is Fault Determined in a Commercial Truck Accident?

When commercial trucking companies are involved in a car crash, fault is determined by a variety of factors and sources. Firstly, law enforcement will investigate the truck accident and produce an official report, which may or may not contain a statement of fault. Though an officer’s statement and/or an official citation do not automatically prove guilt, they are used in court to support your case. Insurance companies assign an adjuster to do an independent investigation to determine fault. Should a truck accident lawsuit be filed, the court will determine negligence after hearing and analyzing the evidence. A citation typically weighs heavily against the party cited, as the fact finders often find whoever broke the law is responsible for the collision.

Comparative Negligence

In order to determine whether there was negligence in a personal injury case, there are five elements that must be present:

  1. Duty: Did the defendant perform their “duty” to the victim? For example, drivers sharing the road with a truck have a duty to drive safely.
  2. Breach of Duty: Did the defendant fail to complete their “duty”? For example, if another driver got behind the wheel intoxicated and started swerving near the truck driver, that would be a breach of duty.
  3. Cause in Fact: Was the victim’s injury in fact caused by this breach? In this example yes, because a truck accident would not have occurred if the other driver had not swerved in the way.
  4. Proximate Cause: Was it obvious that the breach of duty would result in an injury? Again in this case yes, a reasonable driver is aware that driving under the influence can lead to an accident.
  5. Damages: Was the victim harmed in some way that can be compensated? If the truck driver was injured and was treated at the hospital, then yes, their medical bills could be compensated.

Texas uses what’s called “proportionate responsibility”, meaning that if the victim is found to be at partial fault, damages may be reduced.

What Should You Do After a Truck Crash?

After a truck accident, those involved should contact the authorities, seeking help from the police and medical personnel. If you are or someone else with you is able, take photos of the scene – including shots of your vehicle, the truck, and your injuries. In addition to getting help and taking photos, after a truck crash, victims should exchange contact information, obtain witness information, and more. While you should cooperate with police, be careful not to accidentally say anything that jeopardizes your right to truck accident compensation or that suggests you were to blame. Provide factual answers, don’t say who you think was at fault, and give unnecessary details or apologize. One of the most important things to do following a truck accident is to contact a Houston personal injury lawyer. Trucking companies will hire tough attorneys to minimize liability and you need an advocate fighting on your behalf too. Truck accident attorneys will investigate, protect evidence, and communicate with the other parties involved. Texas has a two year statute of limitation, meaning that you have two years from the day of your truck accident to file a claim.

What Are Common Causes of 18-Wheeler Truck Accidents?

In a big city like Houston, 18-wheeler truck accidents can be common. These devastating crashes can be caused by a variety of factors, including truck driver negligence due to distracted driving, fatigued driving, driving under the influence, or failing to follow traffic laws. In addition, a trucking company can also cause and/or contribute to truck accidents by failing to properly maintain its 18-wheelers, forcing drivers to log too many hours behind the wheel, hiring unlicensed and inexperienced truck drivers, improperly loading cargo, and/or violating federal safety standards. Other common causes of truck crashes include road and weather conditions, truck defects, maintenance issues, lack of proper training, licensing issues, and more.

What are the Common Injuries in a Truck Accident?

Truck accidents can have devastating consequences to those involved, whether the victim is a pedestrian, another car driver, or the truck driver. Injuries from a truck accident can include:

The losses related to these injuries can be massive, which is why we suggest seeking compensation. Damages can include medical bills, property damage, lost wages, and other lifelong physical and mental issues.

Houston Truck Accident Lawyers

Have you or a family member been injured or killed in a trucking accident? Our law firm has the experience and dedication it takes to fight for your truck accident case. Our attorneys work hard to ensure that you receive the compensation that you deserve, not what your insurance company thinks you deserve. Contact a Houston personal injury lawyer at Ramsey Law Group at 1-888-335-7477 or info@ramseylawpc.com to determine how we can help you maximize your recovery.