Is It Worth Getting an Accident Lawyer?
Yes, it is worth getting an accident lawyer to maximize your monetary compensation. Truck accident cases are challenging and require a comprehensive knowledge of personal injury law and trucking regulations to overcome hurdles.
Truck accidents have higher financial stakes
Due to the severity of truck accident injuries, most cases are worth significantly more than the average motor vehicle personal injury claim. Trucking and insurance companies are far less likely to settle out of court.
For example, suppose a truck accident causes an injured victim to be paralyzed from the waist down. The claimant will require medical care for the rest of their lives. Individuals who suffer from paralysis experience:
- Pressure sores (i.e., bed sores)
- Chronic depression
- Circulatory disorders
In addition, the lack of mobility will require home modifications and equipment that must be maintained and replaced. Living and medical costs can reach astronomical numbers.
Without representation, an accident victim may not have access to the medical care and services they need to move on with their lives. According to a recent study, 1 in 8 households suffer extended financial hardship after a serious injury. A truck accident lawyer has the experience to estimate the long-term costs of debilitating injuries accurately.
If the insurance company refuses to offer a fair settlement, our talented litigation team has a history of securing multi-million dollar verdicts on behalf of our clients. Our trial attorneys are nationally recognized for their aggressive advocacy in court.
Houston truck accident lawyers can prove negligence per se
Personal injury law places the burden of proof on the claimant. To hold a person or company responsible for injuries, an accident victim must prove that they acted negligently.
Negligence can be challenging to establish, requiring the skills of an attorney to prove all four elements:
- A duty of care was owed to the claimant, i.e., the accident victim
- That duty was breached when the plaintiff failed to act with reasonable care
- The accident victim suffered harm, i.e., damages
- The failure to act with reasonable care caused the claimant’s injuries
However, truck accidents are unique. Truck drivers and companies adhere to a strict set of regulations set by the Federal Motor Carrier Safety Administration (FMCSA). If a driver fails to adhere to the following regulations, a truck accident lawyer can argue “negligence per se:”
- Hours of service: How many hours a truck driver can operate their vehicle
- Licensing requirements: In general, a driver must earn his CDL A, B, or Class C license to drive a commercial truck
- Controlled substances: Driving under the influence of alcohol, drugs, or prescription medication is strictly prohibited
- Training: Commercial trucks are massive and require specialized training to maneuver safely on the road
- Physical requirements: The driver must be able to pass a physical exam every other year
Under the doctrine of negligence per se, if a truck driver or company violates FMCSA law, it is enough to prove negligence.
Houston trucking accident attorneys can protect critical evidence from being destroyed
Commercial trucking is a highly regulated service. Trucking companies and drivers are required to keep an array of detailed records, including:
- Maintenance and repair records
- Truck driver’s logbooks
- GPS records
- Electronic records and the truck’s black box
After an accident, the trucking company will conduct an investigation. Once complete, the truck will be quickly repaired and put back into service, erasing critical evidence.
Injury victims without representation lack the necessary resources to obtain important evidence. However, a trucking accident lawyer can send a demand letter preventing the company from destroying the evidence you need to support your claim.
The attorneys of Pierce Skrabanek have extensive resources to preserve and recover important information needed to maximize your settlement or verdict.
There may be more than one liable party for your injuries
Trucking accidents are rarely straightforward. There are many potentially liable parties in a negligent collision. While law enforcement will look into the accident, they may have other priorities above an in-depth investigation.
On the other hand, truck accident lawyers focus on a specific area of vehicular collisions. They are well-equipped to conduct a thorough investigation to determine all liable parties and have the means to hold the responsible parties accountable.
Some potentially liable parties in a truck accident include:
- The truck driver
- The trucking company
- The manufacturer of the truck
- The owner of the truck, if leased to the company or driver
- The owner of the cargo
An experienced lawyer can assess the details of your accident and help you decide the best course of action to recover your full compensation.
Trucking companies have large teams of lawyers and insurance adjusters
Most commercial trucks are owned or operated by large companies with an in-house team of lawyers and insurance adjusters explicitly hired to reduce any settlement payouts.
It is easy for accident victims to feel intimidated when filing a claim. Truck insurance companies may use high-pressure techniques to encourage victims to settle quickly.
Our dedicated legal team will aggressively represent our clients’ best interests. At Pierce Skrabanek, we have successfully gone up against large corporations. We will negotiate with the trucking companies and teams of lawyers and insurance adjusters to reach a fair settlement.
What Causes Most Truck Accidents?
While not every accident involving an 18-wheeler is the truck driver’s fault, there are many ways in which they and/or the trucking company can be at fault.
Here are some common causes of semi-truck or 18-wheeler accidents:
- Driver inattention: Like other drivers, truckers may take their eyes off the road or be using their cell phones at the wheel, with potentially dangerous consequences.
- Driver fatigue: Federal law specifies how many hours a truck driver can drive in a 24-hour period. If the driver exceeds this and causes a crash, he or she may be held liable under negligence laws. The trucking company may also be at fault, especially if they were aware that drivers were exceeding their allowed driving hours.
- Unsafe cargo: Sometimes, the cargo a semi-truck is carrying is more dangerous in a crash than the truck itself. Overloaded or improperly secured truck cargo puts other motorists at risk.
- Alcohol or drug intoxication: While drivers are supposed to be routinely drug-tested, some truck drivers can often get behind the wheel after drinking or using drugs. Our attorneys have no tolerance for truckers who operate while under the influence and hurt others.
In addition, truck companies can be held accountable for the actions of their drivers. When companies negligently hire drivers, fail to properly train them, do not properly maintain equipment, or do not keep proper records, the company can be held accountable in a truck accident lawsuit.
What Are Some Dangerous Trucking Areas in Houston?
When driving in the Houston area, it helps to be aware of where the most dangerous areas are in terms of trucking activity. Certain sections may present greater risks of trucking accidents.
A few of the most dangerous roads specifically in and around Houston in terms of trucking include:
- Interstate I-45: I-45 was named in a report as the deadliest road in the country, with many describing it as a “death trap.” Specifically, the section of the road that runs through Houston has been deemed the most dangerous portion.
- Interstate 10: I-10 was ranked the 5th deadliest road in the U.S.
- West Loop Freeway (I-610): The Texas Department of Transportation named this loop as the deadliest interchange in the state.
Besides these specific roads, the following also present higher risks of trucking accidents in Houston:
- Weather Conditions: Wet roads account for a significant percentage of truck accidents in Houston. Rain, sleet, and other conditions can reduce traction and increase stopping distances, which are already concerns to begin with for large commercial trucks.
- Roadway Work Zones: Work zone crashes happen on a daily basis in Houston, with many of them involving commercial vehicles and large trucks.
- Congested Roads: Crammed traffic conditions present greater risks of truck accidents. The more vehicles there are on the road, the greater the chance of an accident. Roads can become congested during rush hours and holidays. Click here to see Texas’ most congested roadways.
You should exercise caution when driving on these roads or during these conditions. Contact a Houston trucking accident lawyer at Pierce Skrabanek if you need legal representation for an injury case.
How Do I Find a Good Truck Accident Lawyer in Houston?
Generally, finding a good truck accident lawyer involves research. Asking family and friends for recommendations is a great start.
Most people turn to their mobile phones and search for local injury attorneys. However, they are met with a large selection of firms and a substantial number of ads on the top and bottom search pages.
Finding a good Houston truck accident attorney is crucial to recovering the compensation you deserve. If you or a loved one have been injured in a commercial truck collision, the following tips may help you choose the right representation for your needs:
- Look at reviews and testimonials
- Look at any awards and recognitions, especially anything that states “peer-reviewed”
- Put together a list of questions and concerns before the meeting
- Be sure to ask about their communication policy
Hiring a truck accident lawyer is a very personal decision. The most important factor in an attorney-client relationship is trust. You need to feel comfortable speaking openly and honestly about your case.
Our compassionate legal team has years of experience dedicated to truck accident victims. We are proud to offer close, personal attention with award-winning advocacy.
How Do Truck Accident Claims Work?
Truck accident claims work through a multi-level process with extensive attention to detail. After the collision, seek the advice of a qualified truck accident attorney as soon as possible. Many accident lawyers are willing to meet you in the hospital or your home.
Once you have hired a truck accident attorney, it is crucial to your case to conduct all communications about your accident only through your lawyer. Even an innocent post online can hurt your claim.
As you recover from your injuries, your attorney will conduct a thorough investigation into the details of your case and gather critical pieces of evidence.
Once you and your attorney have built a strong claim, negotiations can begin. In most cases, your truck accident lawyer will negotiate directly with the insurance company for a fair settlement.
You have the right to accept or refuse any settlement offers. If you and your attorney believe the offers fall below what your pain and suffering are worth, the case will proceed to trial.
At Pierce Skrabanek, our talented litigation will work tirelessly to recover your total compensation.
What Are Some Types of Trucking Accidents?
According to statistics provided by the Federal Motor Carrier Safety Administration (FMCSA), a total of 649 fatalities in Texas involved large trucks in 2017. This was the highest recorded number that year of any state in the country. Thus, people traveling on Texas highways may be at a higher risk of a serious or fatal truck accident while on the road compared to other areas.
Tractor-trailer accidents take many forms, and they occur for many reasons. For instance, 18-wheelers are less maneuverable than passenger cars and cannot adjust their speed as quickly.
Among the most dangerous accidents are rear-end crashes, due to the truck’s mass. Because of its size, a tractor-trailer takes much longer to stop than a normal car. If a driver is not watching the road ahead and needs to stop suddenly, any delay might cause the truck to slam into stopped vehicles ahead of it. This can seriously injure or even kill the people in the passenger vehicle.
Roll-overs occur when a truck loses traction, turns sideways and overturns, often in poor weather. In addition to the obvious risk of collision, a roll-over accident can spill potentially dangerous cargo, creating even more dangerous road conditions.
A jackknife accident occurs when the trailer swings outward perpendicular to the front of the truck. This can span multiple lanes of traffic and is often the result of sudden braking. A jackknife situation can block an entire road or trap vehicles underneath the trailer.
Under-ride accidents occur when a tractor-trailer stops suddenly and a car behind it is unable to stop in time. Because the truck sits much higher off the ground than a passenger vehicle, the car can become wedged beneath the trailer.
Accidents may also be caused by malfunctioning equipment, such as failed brakes or a faulty cargo hold. A truck can be very difficult to control after a tire blowout. If a trucking company does not maintain its equipment as required under the law, the odds of a mechanical failure increase.
Serving Truck Accident Victims in Houston for Over 30 Years
.webp)
