The personal injury lawyers at Fleming Law help injured victims of 18-wheeler crashes in Houston and throughout Texas. Hundreds of people are injured and killed each year in this state due to commercial truck accidents. If you or a family member is the victim of a negligent truck driver, it is important to act promptly to ensure that the cause of the accident is thoroughly investigated – by your own representative, not just by the insurance company. An experienced truck crash lawyer in Houston can help you with your claim.
If you have suffered a commercial truck accident injury and need a certified Houston truck accident lawyer for your case. Contact the Houston truck accident lawyers at Fleming Law for a free consultation.
Most importantly, our Houston Truck accident attorneys will go to trial if necessary to get the maximum compensation for your injuries and losses after an 18-wheeler accident.
Our truck accident lawyers in Houston know how confusing the aftermath of a truck accident can be. We are here to help you make sense of it all. Our skilled attorneys will review your case, determine who was liable for the crash, and help you to pursue full and fair compensation.
Please remember, there is a definitive time frame you have to pursue a personal injury claim against the party to blame for the truck accident. This is known as the Statute of Limitations. In the state of Texas, that time frame is two years.
If you have been hurt or have lost someone in a truck crash, contact us today to schedule a free consultation.
In the U.S. 70% of all domestic freight is moved by tractor-trailer big-rig trucks.
In 2018, annual revenues for the trucking industry exceeded $700 billion for the first time.
Since Houston is now the country’s third-largest city and Texas is so huge, it isn’t surprising that 18-wheelers and semis are seen on our highways in increasing numbers.
If you are considering filing a claim against a trucking company, determining the exact cause of the crash will be critical in seeking damages for your injuries. Contact our truck accident lawyer in Houston today.
Many truck drivers will drive while they are fatigued. This affects their performance when trying to avoid dangerous situations or taking the appropriate action when mechanical or operational problems occur.
It is often the direct cause of a truck accident with another vehicle.
These infractions often result in an accident with the truck. Commercial drivers are bound by rules and regulations that don’t apply to those who simply have a license to drive a passenger car or pickup truck.
Commercial drivers convicted of violating traffic laws in a state other than the one that issued their license are required to report the violation.
Within 30 days of being convicted of a violation, the driver must report the offense to their employer and state officials. This includes any violation the driver committed while driving their own personal car or truck, whether it was on the job or not.
Without a doubt, big trucks are dangerous on the road and result in crashes if the driver is not trained properly.
If you have been injured in a Houston, TX truck accident, you will want to know some of the specific skills that commercial drivers must-have. Contact our truck accident lawyers in Houston today.
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A driver who is deficient in or lacks any of these skills may have contributed to the accident by:
Studies suggest that the majority of truck accidents are caused by a small percentage of commercial vehicle drivers.
High-risk drivers are those who have a propensity to:
Alcohol and drugs impair your ability to drive. It is even more pronounced when driving a big-rig 18-wheeler truck.
Even after a few drinks, drivers can cause accidents with their inability to respond to difficult driving situations or emergencies. Add to this the fact that a big rig is much more difficult to control in the first place and the results can be serious.
Truck drivers who have had more than 4 drinks or are high on drugs can cause accidents because they are unable to control their truck and stop safely. A driver in this condition can easily rear-end another truck or car and cause serious injury.
Because concentration is impacted by alcohol or drugs, commercial truck drivers can cause accidents by making unsafe lane changes, following too closely, or even hitting pedestrians at truck stops at night when it’s dark.
They may also misjudge their speed, take a corner too fast and drift into oncoming traffic causing head-on collisions with other drivers.
For many reasons, it is a bad idea to drink or take drugs and then drive your big rig.
Even though semis are subject to rigorous inspection and maintenance regulations, truck accidents still occur because 18-wheelers are not properly inspected or maintained.
Truck accident studies by the FMCSA have shown that up to one-third of the tractor-trailers involved in accidents had out-of-service violations, which means the trucks should not have been on the road just prior to the accident.
Some examples of these violations that cause accidents include:
Just car drivers and truckers can be distracted while they drive semis on highways. It is arguably a bigger problem with 18-wheelers because companies require them to stay in contact with dispatchers in their operations department.
Studies have found that being involved in a truck crash or near-crash, increases 23 times for bus and truck drivers who text while driving.
Texting while driving is banned in 39 states, and in October 2010 the FMCSA introduced a regulation that bans texting while driving for all drivers of commercial motor vehicles which includes semis, tractor-trailers, and 18-wheelers.
Other activities found to distract truck drivers and increase the risk of a truck wreck are:
Our attorneys in Houston can help you determine the cause of a truck crash.
In any truck or 18-wheeler accident, a proper investigation is critical to determine responsibility. Insurance companies investigate immediately after a truck accident. Our Houston lawyers have extensive experience handling truck accident cases of all types. We can help you investigate to get the truck accident settlement you deserve.
To determine the cause of a truck accident, we investigate safety inspection reports, security of the load, maintenance logs, GPS logs, and state and federal certifications to determine what responsibility the truck driver holds.
We also examine skid marks, gather witness testimony, and examine driving conditions and other critical accident scene evidence.
Sometimes, individuals other than the driver can be held liable for an accident if they are guilty of negligent entrustment.
The moments after a truck accident can be confusing. Victims typically are left with severe injuries. They may have many questions about how the crash happened and who was to blame for it, and they may have no idea about what to do next. Here, we address those issues and many other frequently asked questions about trucking accidents.
To discuss the specific facts of your own case, contact the Houston truck accident attorneys at Fleming Law today. We have decades of experience in investigating tractor-trailer crashes and pursuing just compensation for victims and their families. We can provide a timely and free consultation.
Due to the size and weight of tractor-trailers, accidents involving these rigs tend to result in more serious injuries than crashes that involve only standard-size passenger cars. Unfortunately, the occupants in the other vehicles are the ones who typically suffer the worst injuries. In fact, on average, around 80 percent of the fatalities in large truck crashes in the U.S. are people in other vehicles, Federal Motor Carrier Safety Administration (FMCSA) statistics show.
Additionally, in most car accidents, only one person is at fault. After a crash with an 18-wheeler, many parties could be liable. Truck accidents also may involve violations of state and federal regulations that govern the trucking industry. If you were in a trucking accident, it would be important to work with a lawyer who understands those regulations and the many other unique aspects of these cases.
Truck accidents happen for many different reasons. Some of the most common causes of these crashes are:
At Fleming Law, we take immediate steps to investigate truck accidents so as to preserve, gather and analyze important evidence. We also consult with experts in trucking safety and accident reconstruction. We know how to determine the causes of trucking accidents.
Some of the most common collisions involving large commercial vehicles in Texas include:
Truck accidents often result in injuries, but their severity and type vary depending on factors such as the speed of the vehicles, the angle of impact, and the number of vehicles involved.
Some common injuries from truck accidents in Texas include:
In the aftermath of a truck accident, it’s essential to prioritize your health and well-being. If you or a loved one has suffered injuries in a truck accident in Texas, contact a dedicated Texas truck accident attorney at Fleming Law today. Our experienced legal team is here to help you navigate the legal process, seek the compensation you deserve, and ensure your rights are protected. Your path to recovery starts with the right support – reach out to us now for a consultation.
Many parties can potentially be liable in a truck accident. Of course, the truck driver can be found liable if the driver acted negligently. A trucking company may also be liable based on its driver’s negligence or its own negligence. Other parties, such as the company that loaded the truck or the shipping broker, may be held responsible as well. If any part of the truck was defective, the manufacturer could be held accountable through a product liability claim.
A trucking company may be liable due to its own negligence. For instance, the company may have hired a driver without conducting an adequate background check, failed to adequately train and supervise the driver, or neglected to inspect and maintain the vehicles in its fleet. To establish the company’s liability, your lawyer from Fleming Law can review hiring records, logbooks, inspection and maintenance records, and other evidence.
Truck accident victims may seek compensation in the form of damages for:
An experienced attorney can help calculate your expenses so you can pursue full compensation for your losses.
Interstate truck drivers must follow regulations established by the Federal Motor Carrier Safety Administration (FMCSA), an agency within the U.S. Department of Transportation.
Here are some key federal regulations that truck drivers and their employers must follow:
When trucking companies and truck drivers violate state and federal safety regulations, it can establish negligence as a matter of law, or negligence per se. Some of the most common violations involve texting while driving, exceeding hours-of-service restrictions, and failing to conduct routine truck inspections.
Texas follows a rule called modified comparative negligence. When multiple parties are at fault, each one is assigned a percentage of fault. As long as you are 50 percent or less to blame, you can still receive compensation. However, your total award will be reduced by your portion of the fault.
Example: Let’s say you were 20 percent responsible for the truck accident that injured you, and your total damages were $100,0000. The most you would be able to collect is $80,000 (the total award minus your portion of the fault).
It’s important to know that your entire claim hinges on remaining below the 50 percent mark. If you are found even one percentage point more to blame for the crash, you will receive no money at all. This is one of the main reasons to work with an experienced truck accident attorney. With so much on the line, it’s guaranteed that the insurance company will try to shift the blame onto you.
A lawyer cannot determine how much your claim is worth in a trucking accident lawsuit without first reviewing the specific facts of your case. However, a few common types of damages that accident victims can pursue include past and future medical expenses, lost income, loss of earning wages, property damages, loss of consortium, loss of enjoyment of life, pain, and suffering, and emotional distress.
The surviving spouse, children, or parents of one who dies in a tractor-trailer crash may be eligible to file a wrongful death claim. If none of them files a claim within three months of the death, the executor of the estate may file a wrongful death claim. A wrongful death claim can seek damages that are different from a personal injury claim, including compensation for the loss of a loved one’s services and financial support.
First and foremost, do not leave the scene. Doing so could result in legal penalties or fines. While you shouldn’t leave the scene, you should try to move your vehicle out of the way of other traffic if it is safe to do so.
Make sure any passengers are safe, and if possible, keep them in your vehicle and belted in. You’ll also want to see if you, your passengers, and anyone in the truck has been injured. If someone has been injured, dial 911 immediately to call for emergency medical attention. You’ll also want to alert the local police so they can come to the scene and make a report.
Next, you’ll want to collect as much information about the other driver and their vehicle as you can. Ideally, you’ll want to get the driver’s full name, phone number, physical address, and email address; the name of the company they work for and the company’s contact information; the driver’s license number for their truck; and the contact information for the driver’s insurance company. It is also crucial to get insurance information.
After getting the information on the driver and their truck, you’ll want to take as many pictures as you can of the crash scene. Take pictures of your vehicle, the truck, the surrounding area, any obstacles that might have caused the crash, and so on. You’ll also want to take note of the precise location where the crash occurred. If there are any witnesses to the accident, you should try to get their contact information as well.
Avoid making any statements yourself. Be truthful when talking to the police, but be careful not to apologize, or admit any fault in relation to the accident. Answer only what you’re asked and don’t speculate about things you don’t know. The truck driver’s insurance carrier may try to use your own words against you, so do not speak to them until you’ve had a chance to consult with a truck accident attorney. You’ll also want to avoid making any posts on social media about the crash.
Contact an experienced truck accident lawyer as soon as possible. Your attorney can handle the legal matters while you focus on recovering.
You should not speak to the trucking company’s insurance provider until you’ve spoken to an attorney. Making a statement before the full facts of the case have been gathered could put any future claim against the trucking company in jeopardy, as they can use your own statement against you to rebut your claim. You should only speak to the trucking company’s insurer through your attorney, once you’ve hired one.
The injuries from truck accidents can be catastrophic. If you’re seriously injured, seek medical attention immediately. But if you’re able, it’s smart to collect as much evidence from the accident scene as you can. This information will be vital if you need to file an injury claim later.
Examples of relevant evidence include:
A truck accident lawyer can assist with collecting other evidence that may not be readily available to you, such as black box data, GPS and onboard computer data, driver records, personnel files, logbooks, and the phone records of the truck driver.
Truck accidents differ from the average car accident in several ways. One of the most significant differences is that there are potentially more defendants in a truck accident case. These include:
The tricky part of dealing with multiple defendants is that you will also have to deal with multiple insurance companies. Going up against high-powered corporate lawyers isn’t something you should handle on your own. A knowledgeable truck accident attorney can handle all settlement negotiations so that you aren’t tricked into saying something that jeopardizes your case.
Under Texas’s statute of limitations, truck accident victims have two years to file a personal injury lawsuit against any at-fault parties. Filing after the deadline can result in the case being dismissed from court. Waiting too long can also jeopardize access to critical evidence and lessen negotiating power with insurance companies. You should consult a truck accident lawyer as soon as possible to explore your legal options for pursuing compensation.
Truck accident cases can take quite a while to resolve. It takes time to gather the facts, research the applicable laws and regulations, file the paperwork, and negotiate with the liable parties and their insurance carriers. In the event a case goes to trial, the process may take even longer.
More important than the time it takes to win a case like this, however, is the deadline to file a claim. In Texas, you have two years from the date of the accident to file a personal injury claim, otherwise, the statute of limitations kicks in, and you lose the right to file a claim.
The insurance company and trucking company will have lawyers on their side. You need an 18-wheeler wreck attorney prepared to prove fault. Insurance companies take our law firm seriously, knowing we will take personal injury cases to trial.
If you are ready to take the first step toward recovery, so is Fleming Law. We’ve been handling truck accident claims for over 30 years and are ready to put this experience at your disposal. Contact Fleming Law today for a free consultation with an experienced Houston truck accident lawyer, and find out what we can do for you.
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