Tractor-trailers have a major presence on Texas highways. While commercial trucks are a vital part of the American economy, they can be a severe hazard to other drivers. Accidents between a tractor-trailer and a passenger vehicle can cause devastating and sometimes lethal injuries. If you have been in a truck accident, you may be suffering unbearable pain, be out of work, and have medical bills piling up. The Houston truck accident lawyers at the Waldman Legal Group understand and we are here to help.
Liability in truck accident cases can be more complex than it seems; there are often more at-fault parties than just the trucker. At the Waldman Legal Group, our team can identify all liable parties to increase your chances of getting every dollar of compensation you deserve.
Who Is Liable in a Truck Accident?
When you’re involved in a car accident you didn’t cause, determining liability is usually straightforward. Assuming the accident wasn’t caused by a manufacturing defect, the other driver is generally at fault.
However, in a trucking accident, it’s not uncommon to have more than one at-fault party. Here’s a look at some of the potentially liable parties in a trucking accident.
The Trucker
When most people think about liability in a truck accident, they automatically think of the trucker involved. Most of the time, truckers are fully or partially responsible for accidents. Some truckers drive while fatigued, and that often makes them more likely to cause crashes.
The Trucking Company
Sometimes, the trucking company can share responsibility for the accident. A common example when this applies is in cases where trucking companies require or pressure their drivers to disregard mandatory breaks. Truckers are legally obligated to take periodic rest breaks, but some unscrupulous companies may order their drivers to skip breaks. Drivers who fear for their job are likely to comply, and as a result, they may drive on little sleep. This may lead to serious accidents.
The Manufacturer of the Truck
Motor vehicle manufacturers have strict quality control measures, but just like car recalls, some defects slip through the cracks. If a fully loaded tractor-trailer suffers a mechanical issue on the road, the results can be disastrous.
The Business Responsible for Maintaining the Truck
Trucking companies often outsource the maintenance of their trucks to other businesses. Sometimes, these maintenance companies make mistakes — and those mistakes can have serious consequences. For instance, if a maintenance company fails to repair an existing brake issue and a brake failure later causes an accident, the maintenance company could be liable.
The Company Responsible for Loading the Truck
Truckers are not responsible for loading and unloading their own trucks. They trust separate loading companies to ensure all cargo is loaded safely and securely into the truck. Sometimes, loading companies make mistakes that lead to disastrous results:
- Unsecured cargo can shift suddenly, causing the driver to lose control.
- Unbalanced cargo can increase the risk of rollover accidents.
- Overloaded trucks may be prone to mechanical failure.
- If cargo falls into the street, it can cause accidents.
Trucking and loading companies don’t generally disclose information about how loading errors may have contributed to your accident. An experienced Houston truck accident lawyer will be able to thoroughly investigate the circumstances of the accident to determine whether the loading company may have been involved.
How Truck Accident Attorneys in Houston Can Help You
When you hire the Waldman Legal Group as your truck accident lawyers, we will break down your case to determine who was at fault, how it happened, the losses incurred, and much more. This detailed investigation is crucial to obtaining the maximum amount of compensation possible for your painful truck accident injuries:
Investigate the Truck Crash
Our experienced attorneys know how to determine how a big rig crash occurred and who can be held liable. We will collect some or all of the following evidence:
- Crash scene evidence preserved by photos
- Statements from eyewitnesses
- Damage to all vehicles in the crash
- Black box data from the tractor-trailer
- Cell phone records
- Truck driver toxicology results
- Police reports
- Logbooks and assorted company records
- Truck driver’s criminal and traffic background
- Trucking company history of violating safety rules.
While our team can do most of the legwork for you, you can help us build your case by giving us any evidence you have. This might include hospital discharge summaries, medical bills, photos of your injuries, and more. The extensive experience our team has in investigating our clients’ cases, makes a significant difference. The more we know about the circumstances of your accident, the more effectively we’ll be able to represent you.
Consult With Crash Experts
Our Houston truck accident attorneys can access truck accident experts who can assist in determining the cause of a crash and the level of harm you suffered:
- Truck accident reconstruction experts
- Rules compliance and safety experts
- Truck driver training experts
- Engineers and mechanics
- Toxicology experts
- Medical experts in specialties such as brain trauma and orthopedic injuries.
These experts can be immensely helpful whether or not your case goes to trial. They can explain the severity of your injuries to the insurance company as we attempt to negotiate a settlement. If your case does go to trial, they have the expertise to describe your injuries in a way a judge and jury can understand.
Preserve Evidence
Our truck accident attorneys can send a “notice and spoliation letter” right away to the trucking company and all other parties involved to tell them to keep logbooks and other crucial evidence. We can also obtain court orders to force the trucking company to provide evidence it may want to conceal.
Seek a Just Settlement
Our attorneys are tough, experienced negotiators. We can provide a strong case to the insurance company involved in the case and demand fair compensation for your medical expenses, lost wages, pain and suffering.
Go To Court if Needed
Most of our cases are settled before they go to trial. However, if we cannot negotiate the settlement you deserve, we are ready to argue your case in the courtroom. Our attorneys could also continue settlement negotiations during the trial. Sometimes, if the other side believes the court is about to rule in your favor, they’ll choose to offer a settlement.
Not Charge Legal Fees Unless We Collect Compensation for You
Our truck accident lawyers work on a contingency fee basis. You do not pay attorney fees unless and until you get a settlement or verdict in your favor. We are paid a percentage of the final recovery and we are reimbursed case costs if you win.
The process of a truck accident injury claim can be long and incredibly confusing. At the Waldman Legal Group, we’ll be there to guide you every step of the way. Call us now at (713) 688-4878 for a free consultation.
How Many Truck Accidents Happen Each Year in Texas?
In 2023, Texas reported a total of 38,909 accidents involving commercial motor vehicles (CMVs). Those accidents caused thousands of injuries and hundreds of fatalities. Here’s a look at some of the key statewide statistics:
- Fatal Crashes: 549
- Fatalities: 620
- Suspected Serious Crashes: 1,350
- Suspected Serious Injuries: 1,687
- Suspected Minor Crashes: 4,147
- Suspected Minor Injuries: 5,823.
The Texas Department of Transportation also breaks down its accident reporting by county. Here are some of the key statistics on CMV-involved accidents for Harris County:
- Total Crashes: 6,113
- Fatal Crashes: 38
- Fatalities: 40
- Suspected Serious Crashes: 121
- Suspected Serious Injuries: 149
- Suspected Minor Crashes: 526
- Suspected Minor Injuries: 786.
The number of suspected serious injuries reported might seem small compared to the total number of crashes. However, keep in mind that even so-called “minor” injuries can be significantly disruptive to your life. For example, if you work in a factory and break your arm, you may be unable to work for a considerable amount of time. If the fracture does not heal properly on its own and needs surgery, you also might have to contend with costly medical bills.
What to Do After a Texas Truck Accident
Protect Yourself — and Your Right to File a Personal Injury Lawsuit
The actions you take right after your Houston truck crash can be critical to the success of your case. After the crash, remember to do the following:
Call the Waldman Legal Group Truck Accident Lawyers
Time is vital after a truck crash. Crucial evidence — such as the rig’s black box, GPS information, driver logs, and even the truck itself may be compromised as time passes. This important evidence can be helpful to your truck crash case.
Just minutes after a tractor-trailer crash, the trucking company will be working with its attorneys to prove they did not cause the accident. Our attorneys want to be certain that we can access all the information about the wreck before it is concealed or eliminated by the trucking company. It is vital to have access to all important case information as soon as possible after the crash.
Do Not Speak to the Trucking Company or Anyone Representing It
Trucking companies and their insurance companies move fast after a crash they caused. They want to protect the company’s financial interests above all else. Do not speak to anyone from the trucking company or its insurance company. Also, do not allow your family members to talk to them. Any statement you make can be used against you later. Even a few words, such as “I’m ok,” can be taken out of context and used to deny your claim. If anyone contacts you after the crash, refer them to your Houston truck accident lawyers.
Get Medical Treatment
Go to the ER and get treatment, even if you don’t have health insurance. Our attorneys will make sure you get the healthcare you need.
Keep Records
Use a folder to keep all medical bills, expenses related to the accident, insurance letters, etc. Do not worry if it is just a pile of disorganized documents — your attorney and our legal team will sort it out.
Take Pictures and Notes, if Possible
Write down every accident detail you can as soon as possible after the crash. Save any pictures you took of the crash scene and injuries you have.
How a Truck Accident Lawsuit Works
If you have never been involved in any type of personal injury lawsuit, you may wonder what is going to happen in a Houston truck crash lawsuit. You may have major injuries, medical bills, and possibly are out of work. The sooner you can get compensated, the better. Below is a brief timeline of what will usually happen:
Truck Crash
When involved in a collision with a truck, you must call an attorney as soon as possible. The trucking company is looking for a way to pay you as little as possible, so act fast.
Accident Case Discovery
The discovery phase is vital to the claim and can take months. Your attorney will collect all key information about the case, such as medical costs, police reports, lost earnings, witness statements, background information on the driver, and much more.
Depositions
These are face-to-face, sworn, and recorded interviews with all stakeholders in the accident. Because of logistics and timing, this process can take months, as well.
Initial Settlement Offer
After discovery and depositions are finished, both sides will take time to look over all the evidence and gathered information. At this time, both sides should have a solid understanding of the facts. You can now make an informed decision about whether to settle, continue negotiating, or go to court. Your Houston truck accident attorneys will review what we think is a fair settlement amount for your situation. If an agreement is impossible, the case may go to the mediation phase.
Mediation
This is a process where both parties to the lawsuit meet with a neutral third party to attempt to reach a settlement before the case goes to trial. Many cases are settled at this point, and many judges will require mediation before taking the case to court. While many cases do settle in mediation, your truck accident lawyers at the Waldman Legal Group are ready to go to court if you are dissatisfied with your settlement offer.
Trial
Most truck crash cases do not go to trial. Court cases can take months or years, and they are unpredictable and very expensive. Occasionally, going to trial is needed to get you as much money as possible. There are some truck accident attorneys in Houston who will shy away from going to court, but our attorney will not. We prepare every truck crash case as if it were going to trial, and we have years of proven trial experience.
Post-Settlement
After the truck crash case has been settled, we will begin to work with your healthcare providers to try to reduce your medical costs. This will leave you with more of the settlement money and help with your accident recovery. At this point, we will receive our financial compensation in the form of a percentage of the total monies awarded to you. This is the only point in the process where our firm is paid..
Remember that most truckers work for big companies who have aggressive attorneys who begin to act the minute a truck driver is involved in a crash. It is common for a company representative to arrive at the crash scene in minutes and attempt to get signatures from crash victims to reduce company liability. Never sign anything! Call the Waldman Legal Group as soon as possible.
What Is the Statute of Limitations for Truck Accident Cases?
In Texas, the statute of limitations to file a personal injury lawsuit for a truck accident is usually two years. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) That two-year countdown starts on the date of the accident or the date your injury was identified. Even though you typically have two years to file a lawsuit, you should still speak to a Houston truck accident lawyer as soon as you can. In order to put together a strong case, your legal team must thoroughly investigate your accident, and the investigative process takes time.
Can You Recover Compensation Even if You Are Partially At Fault?
Some truck accidents involve one party who is clearly at fault and another who didn’t contribute to the accident at all. However, in many cases, liability is much less clear. What if you were partially to blame for the accident? Can you still recover compensation?
Fortunately, in Texas, you can. Texas uses what is called a “modified comparative negligence standard” — better known as the “51% rule.” This rule allows you to recover compensation as long as you were less than 51% responsible for the accident. If you were partially at fault for your accident, any compensation you recover will be reduced by your percentage of fault.
This concept is much easier to understand if you use an example. For instance, imagine you are badly hurt in a head-on collision with a commercial truck. The truck crossed over the center line of the road, so the driver is mostly to blame. However, an investigation into the accident finds that you were speeding and texting, so you are considered partially responsible. Ultimately, the truck driver is considered 90% at fault for the accident, and you are 10% at fault.
At the end of your case, a court awards you $100,000 in damages, but that amount is reduced by 10% because you were 10% at fault. That means that the final settlement awarded would be $90,000.
FAQ
Many of our clients have not had to deal with the legal system before, and they come to us with many questions. These are some of the ones they most commonly ask:
Who is liable for truck accidents?
Liability in trucking accidents is often complex. The trucker may be at fault, but under certain circumstances, trucking companies, truck manufacturers, and even maintenance companies could be liable as well. Our team will investigate your accident and determine who can be held responsible.
How much does it cost to work with you?
We work on contingency, meaning you pay only if we win your case. If we recover compensation for you, you agree to pay us a portion of what you receive.
Should I talk to the trucking company after the accident?
No! The trucking company and its insurance company will use anything you say to try to minimize your claim in court. Get in touch with us immediately after your accident — we will talk to the insurance company for you.
Will my case go to court?
In the majority of cases, we are able to settle out of court. However, if we are unable to reach a settlement agreement with the trucking company’s insurer, we are fully prepared to take your case to trial.
Being involved in a truck accident is a life-altering experience, and we understand that you likely have many questions during this difficult time. Don’t hesitate to call us now and ask!
Why Choose Us?
The Right Truck Accident Lawyer Makes All the Difference
When you’ve just been in a truck accident and are struggling to deal with your injuries, it can feel impossible to do anything besides focus on recovery. If you take the first step and reach out to the Waldman Legal Group, our team will take care of the legal aspects of your accident.
After seeking medical treatment, the most important thing you can do for yourself after a truck accident is to seek the help of an experienced truck accident lawyer in Houston. Steve Waldman has been fighting for the rights of injured Texans since 1980. In 1986, he became Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. If the Waldman Legal Group takes your case, you can count on top-notch representation from an attorney who cares.
If you’ve been seriously injured in a truck accident, you need an attorney who will stand up for your rights and fight for you to receive the compensation you deserve. Call the Waldman Legal Group now at (713) 688-4878 to set up your free consultation with a Houston truck accident attorney today.
