If you were injured in a truck accident in Houston caused by someone else, you are probably still in shock. You’re likely getting medical treatment for your wounds, and the medical bills have begun pouring in. If you were injured badly enough that you can’t work, you’re probably fretting about paying your usual living expenses, in addition to all those unexpected bills. Our Houston truck accident attorneys can help.
Texas drivers share the roadways with countless large trucks. Many trucks weigh over 26,000 pounds, and some weigh up to 80,000 pounds, fully loaded. Such heavy trucks move with destructive force, especially at highway speeds. Even a tiny mistake or mechanical failure can lead to a life-altering accident.
A patchwork of federal and state regulations exists to keep large trucks operating safely. But sometimes, drivers or trucking companies do not follow the rules. In other cases, even if they follow the rules, significant truck accidents can still occur.
If an accident with a large truck injured you or took the life of someone you love, call the Houston personal injury attorneys of The DJF Law Firm, PLLC today at 832-529-3476. You do not have to deal with trucking or insurance companies alone. We provide a free initial consultation and want to talk to you about helping you recover what you deserve.
Truck accidents are common. In a recent year in the United States, 107,000 injury-causing accidents involving large trucks occurred. In that year, 4,842 large trucks were involved in fatal crashes. While large trucks only account for four percent of registered vehicles, they account for nine percent of vehicles involved in deadly crashes. When a truck accident causes a fatality, the other vehicle’s occupant is the person killed 70 percent of the time.
Rural roads or interstate highways are the most common places where heavy truck accidents cause fatalities. Appropriately 57 percent of fatality accidents occurred on rural roads, and 25 percent occurred on interstates.
Truck accidents happen in many ways, and many different kinds of trucks could be involved. Some include:
Government regulations require a person to have a Commercial Driver’s License to operate a vehicle or combination of vehicles with a gross weight of over 26,00 pounds. Recently, 72 percent of the large trucks involved in fatal accidents weighed more than 26,000 pounds.
A Commercial Driver’s License is also required to drive a vehicle designed to transport 16 or more people. Obtaining a Commercial Driver’s License involves acquiring specific knowledge and passing driving tests.
This CDL requirement also includes passing a U.S. Department of Transportation physical examination every twenty-four months. That medical certification is also required for anyone operating a commercial truck over 10,000 pounds, even though a Commercial Driver’s License is not necessary. A driver must maintain a copy of their medical certification in the vehicle for inspection by law enforcement.
Drivers of large trucks are also subject to limits on the number of consecutive hours they can drive and the number of hours they must rest before they can drive again. For example, a driver operating a property-carrying truck can drive for eleven hours with a 30-minute break after eight hours, and then they must take ten straight hours off duty. A driver may also not operate more than 60 hours in seven consecutive days without taking at least 34 hours off. The Department of Transportation intends these rules to prevent driver fatigue.
The driver must record all these times in a logbook, which must be available for a law enforcement inspection. The Federal Motor Carrier Safety Administration (“FMCSA”) now requires these logbooks to be electronic, so the driver can immediately electronically transfer data to law enforcement upon request.
States, municipalities, and even select roads and bridges can have different weight limits for trucks. Federally and for the state of Texas, the gross vehicle weight of a large truck cannot exceed 80,000 pounds. Trucks also have height and width limits. The height limit for a large truck in Texas without a permit is 14 feet; the width limit is eight feet, six inches.
After a crash with a commercial vehicle, the driver’s employer is typically the first place to look for liability. A truck driver’s employer is responsible for what an employee does within the scope of the employee’s job duties. The employer is generally liable if a truck driver is operating a company vehicle on company time.
In cases where the truck driver caused an accident while using the truck off the clock or even during work for a personal purpose, the driver’s employer will try to deny liability and may succeed. But, experienced truck accident attorneys, like the Houston attorneys at The DJF Law Firm, PLLC, know how to bring a successful claim against a driver and pursue recovery from the driver’s insurance company.
The truck driver has many responsibilities for ensuring the truck is safely operated on the roadways. The driver even has duties before they sit behind the wheel. Here are some common ways that a truck driver can be negligent.
A trucking company can also be liable for an accident if it acted negligently by failing to establish, implement, or enforce rules for its drivers or mechanics. The following are some ways that trucking companies can contribute to or cause accidents:
A heavy truck manufacturer or mechanic can also be responsible for an accident. All the parts of a truck must work properly. If the transmission, brakes, or tires fail, that failure can cause an accident leading to catastrophic injuries. The manufacturer may be liable if the truck is newer or under warranty. The mechanic may be responsible if the truck recently went in for repairs. The Houston accident attorneys of The DJF Law Firm, PLLC know how to search for and uncover everyone whose negligence might have caused your injuries.
First, the truck accident attorneys of The DJF Law Firm, PLLC can help you identify all the parties responsible for your accident. Responsible parties can include the truck driver, the trucking company, the truck manufacturer, mechanics, and even governmental entities accountable for roads. With many possible players involved, you need an experienced attorney who can analyze the accident, consult with experts, and identify everyone who shares responsibility for your injuries.
Second, once your attorney identifies the responsible parties, we must ensure that comparative fault principles are correctly applied. Texas has a comparative fault law. As long as you are not over 50 percent responsible for the accident, you could obtain compensation for your losses. Your compensable losses will be reduced by any amount of fault you carry for the accident. The attorneys at The DJF Law Firm, PLLC can help protect you and apply this law correctly.
Third, because there are often multiple at-fault parties, the negotiations and lawsuits can be more complicated. Defendants can have different attorneys and can ally with each other. Or perhaps a defendant would be willing to provide evidence for your case as part of settlement negotiations. Negotiating will generally also involve trying to convince one or more defendants to contribute more than they’d prefer. In a lawsuit, having multiple parties means responding to numerous discovery requests and sometimes numerous motions with the court – all things our seasoned Houston attorneys are prepared to handle.
Finally, an attorney can help you develop your best legal strategy and guide you through the process. After you’ve been injured through no fault of your own, your focus should be on recovering from your injuries. We have been through this process before; you have not. Let us analyze your case, acquire evidence, secure and interview expert witnesses, and develop a settlement and litigation strategy for you.
The Houston truck accident attorneys of The DJF Law Firm, PLLC want to help if an accident with a large truck injured you or took the life of someone you love. We have the experience to handle complicated cases, including cases with multiple at-fault parties. Our Houston truck accident attorney can negotiate the best settlement for you, and if the trucking and insurance companies don’t want to settle, we can fight for your rights in court.
Call us today at 832-529-3476 or contact us online for a free consultation to discuss your case, your rights, and how The DJF Law Firm, PLLC can help you.