As one of the country’s commercial trucking hubs, semi trucks are a common sight throughout the Houston area. Although extensive regulations govern the trucking industry, the companies responsible for moving cargo have one major concern: the bottom line.
To protect their bottom line, it is all too easy for trucking companies and the people who work for them to cut corners. When this happens, innocent people get injured or killed.
At Patrick Daniel Law, our attorneys have extensive experience in the complex realm of commercial trucking accidents. If you were seriously injured or lost a loved one in a collision with an 18-wheeler, our law firm can help you pursue the compensation you deserve.
Please contact Patrick Daniel Law at (713) 999-6666 today for a FREE consultation. Our Houston truck accident lawyers serve clients in Houston, all of Texas, and throughout the United States.
Yes. Although it is not required that you hire a lawyer before taking legal action against a trucking company, the odds are stacked against you if you don’t have qualified representation.
Trucking accident claims aren’t like car accident cases. Although both types of claims center on collisions involving one or more vehicles, truck accident litigation is much more complicated.
There are a few reasons trucking crashes are complex, and why hiring an experienced lawyer is crucial to a successful outcome in your case:
All of these factors combine to make trucking accident claims complicated and often hotly contested. To get the compensation you need and deserve after being hurt in a crash with a semi truck, it is certainly in your best interest to hire a trucking accident lawyer who understands both the complexities of the litigation and the stakes to you personally.
It’s a fairly safe bet that the insurance adjuster will contact you before you even have time to consider calling an attorney. The adjuster wants to head you off at the pass, and hopefully get you to sign off on a settlement before the dust settles.
That should tell you something right there. So, if you get an early call or a way-too-friendly in-person visit from the insurance adjuster representing the trucking company, “there’s your sign,” as comedian Bill Engvall would say.
Only it’s not funny. Clearly, this is the time to act, if you have any notion of contacting a trucking accident lawyer.
While calling an attorney early in the process is ultimately best, you do have some time to reflect on your situation. These conditions merit a closer look if you’re wondering whether you should call an attorney:
An 18-wheeler accident attorney can also help you get to the bottom of what caused the truck accident in the first place. There are many causes of trucking accidents, and being able to sort through all of them and pinpoint the exact cause or causes often takes an expert. The better the expert, the better they’ll be able to find all the causes. Many people can speculate as to the causes, but only an experienced Houston trucking accident attorney will be able to provide hard evidence.
Experienced lawyers Patrick Daniel and Randy Canche discuss the recent case of a fatal truck accident involving an Amazon tractor-trailer on Houston’s North Freeway, as well as common causes of semi-truck accidents, what to do after an accident, and common truck accident questions.
Yes, you can sue someone personally in the aftermath of a truck accident. This includes the driver of the truck, as well as any additional parties at fault.
To bring a trucking accident personal injury claim, you need to establish that the crash was caused by negligence on the part of the truck driver (as well as any other liable parties). Someone is considered negligent if they:
When you sue someone after a truck accident, the lawsuit needs to be filed against the person(s) responsible. The defendant(s) will be represented by the insurance company (or multiple insurers). Unfortunately, insurance carriers will try to pay you as little as possible.
The FMCSA has instituted insurance requirements for motor carriers. Your truck accident lawyer will assess the available insurance coverage and fight for the maximum amount you are owed.
Just because you file a lawsuit does not mean that your case will go to trial. It may still be possible to reach a settlement before the trial begins. However, it is important to hire a Houston truck accident lawyer who knows how to prepare your case for trial and win.
It is difficult to take in the enormity of a truck accident right after the fact. Most victims are seriously injured, and getting help should be their first and only priority.
A Houston truck accident lawyer will take a broader view. Attorneys, investigators, and others who represent the interests of trucking accident victims will look for the following:
Experienced truck accident lawyers will also compare the facts of your case to the extensive federal regulations that govern the commercial trucking industry. Truck drivers, trucking companies, and other parties that break the rules can and should be held responsible for the harm they cause.
Both rigorous collection of the evidence and testimony from experts who know the Federal Motor Carrier Safety Regulations are crucial for making an effective truck accident claim and proving that you are entitled to compensation. A knowledgeable attorney will also know what constitutes a fair settlement offer and when it may be necessary to file a lawsuit and take your case to trial.
It is generally not in your best interest to try to handle a truck accident claim on your own. A trucking accident lawyer can assist you with multiple aspects of these challenging cases and mercilessly pursue the compensation you deserve.
The most important ways a truck accident attorney can help you include:
A truck accident lawyer can also determine whether it will be necessary to file a lawsuit and take your case to trial. Your attorney can prepare your case for trial with the goal of winning the maximum award.
Truck accident claims, as with all other types of Texas personal injury cases, are subject to narrow time limits. Section 16.003(a) of the Texas Civil Practice and Remedies Code sets the statute of limitations for personal injury claims at 2 years. Claims involving wrongful death are subject to the same 2-year statute of limitations (see Texas Civil Practice and Remedies Code § 16.003(b)).
It is very important to be aware of the statute of limitations and ensure that you do not miss the opportunity to recover fair compensation after a truck accident. Trucking accidents have a greater likelihood of going to court, and you need to be mindful of when you must file a lawsuit to ensure that you preserve your legal rights.
The limited time you have to file a lawsuit is one of the many reasons you should start working with a Houston truck accident lawyer as soon as possible. Your attorney can advise you when it might be in your best interest to sue and file the case for you with the appropriate court.
From 2019 to 2021, the FMCSA recorded a total of 479,103 crashes involving large trucks. Texas leads the nation in truck accidents, as shown by the following FMCSA statistics (2019-2021):
In one year alone (2021), 796 people were killed and 11,355 people were injured in commercial trucking accidents in Texas. On average, that’s 2 deaths and 32 cases of injury in Texas truck accidents every day.
Anyone involved in an accident that results in personal injury or death is required to report the accident to law enforcement promptly (see Texas Transportation Code § 550.026). This responsibility applies to anyone involved in the crash. However, the occupants of passenger vehicles may be badly injured or incapacitated. If this is the case, it may fall on the truck driver to call 911 and wait at the scene of the truck accident for help.
There are multiple situations where employers may be required to test commercial drivers for alcohol and controlled substances following an accident (see Code of Federal Regulations § 382.303). Alcohol and controlled substances testing is mandatory for any truck accident involving a fatality, as well as in certain circumstances involving bodily injury and/or disabling damage to a motor vehicle.
Finally, the trucking company will send investigators to the scene of the accident as soon as possible. The goal of the response team is to document the crash and take into possession any evidence owned by the carrier.
As you can see, a “chain reaction” occurs when a truck driver is involved in an accident. Unfortunately, none of the parties involved have your rights or interests in mind.
If you have been involved in an accident with an 18-wheeler, it is in your best interest to speak to a Houston truck accident lawyer as soon as you can. A trucking accident attorney will focus on holding the truck driver and any other negligent parties accountable and pursuing the full compensation to which you are entitled.
The imposing size of big rigs doesn’t necessarily make them dangerous, but when they’re driven irresponsibly, maintained improperly, or thrust into a chaotic situation on a busy interstate, they pose a risk to us all. Vigilance, whether driving, maintaining, or troubleshooting, is crucial.
The margin of error for an 18-wheeler is much smaller than for your Toyota Camry. A moment’s inattention by the driver, and the truck has drifted into another lane and sideswiped a car. A panic stop by a big rig going 65 miles requires 525 feet (that’s roughly a tenth of a mile) from the time of driver awareness to a full stop. By comparison, a car traveling that same speed would need 316 feet.
That explains why so many 18-wheeler accidents are rear-end collisions. But these are not minor fender benders with relatively minor property damage and maybe some spilled coffee. These can be devastating and deadly.
The responsibilities of operating and owning an 18-wheeler are significant and should never be taken lightly. When they are, catastrophe can ensue.
Like any vehicle accident, a variety of factors can cause a semi truck collision. Negligence on the part of the trucker can take different forms, including:
Drowsiness affects reaction time, threat awareness, and cognitive reasoning. For these reasons, the Federal Motor Carrier Safety Administration regulates the number of hours a truck driver may drive per day (11) and per seven-day week (60).
Drivers are often pressured by their employers to meet delivery schedules that are virtually impossible to meet without going over the stated hourly limitations. This leads to illegal overtime driving, falsified driver’s logs, and, all too often, accidents. Drowsiness may also be attributed to the age of the driver, his general health, medications taken (prescribed and otherwise), and the amount and/or quality of sleep during downtime.
This is a salient point in many lawsuits. Being able to prove that a driver operated a tractor-trailer rig knowing he had not logged the legally required downtime is advantageous to winning a case. A second factor in the equation is whether the driver felt compelled to break the rules of the road because of pressure from his employer to deliver the goods on a tight schedule.
It’s a frightening thought that operators of 80,000-pound monsters on our highways could be buzzed on anything from alcohol to opiates, but it happens. In the most recent Large Truck and Bus Crash Facts Report, data collected by the Federal Motor Carrier Safety Administration (FMCSA) revealed that 4,600 truck drivers involved in fatal crashes had a blood alcohol concentration of 0.01 or higher – 2.5 percent of truck drivers in these accidents were legally intoxicated.
Truck drivers have aches and pains, as we all do, and many suffer from chronic conditions for which they have been prescribed powerful painkillers. These painkillers often have side effects and can lead to impaired driving. Lack of regard for these side effects becomes a distinct liability in court cases. Over-the-counter medications are also noted in a number of big rig accidents.
Just about every motorist can relate to the sight of a big rig zooming past slower moving traffic in situations that should have called for a lighter touch on the accelerator. Technically, it’s not speeding, unless the truck exceeds the posted speed limit, but it is dangerous and unlawful. It’s a ticketable offense known as driving too fast for conditions.
According to the FMCSA, conditions that warrant driving significantly below the posted speed limit include:
In the FMCSA report cited, “Speeding of Any Kind” is the leading factor in truck accidents, accounting for 6.5% of fatal collisions.
Iconic movie producer Steven Spielberg’s first feature-length film was a movie titled Duel, about a deranged truck driver trying to force a hapless motorist off a dangerous mountain road. It capitalized on a common fear among people that big rig drivers are out to “get them.”
Fortunately, that is hardly the case. But there have been a number of incidents where a truck driver was possibly triggered by a driver and reacted inappropriately. According to the FMCSA, aggressive driving / road rage was a factor in less than one percent of fatal truck accidents.
Proving that the trucker drove aggressively, or was under the influence of road rage, is a tricky task in the courtroom – one that often needs corroboration from third-party witnesses.
Truck drivers text while driving, talk on the phone while driving, and surf the internet while driving. According to the FMCSA, nearly 6% of fatal truck accidents involved some form of driver distraction. These include:
Big rig accidents that occur because the truck driver was distracted can be the worst of the worst in terms of death, injuries, and property damage. Drivers have been convicted of murder because of their behavior behind the wheel. Penalties for commercial drivers who text while operating a moving vehicle are getting stricter, but there are variances by state.
Causes for accidents are numerous, but the most prevalent ones not already mentioned are:
In many cases, a combination of bad decisions and unsafe behaviors lead to truck accidents. If the driver is fatigued or under the influence, it is more likely that he or she will drive too fast or make reckless decisions that cause an accident.
These decisions, however, don’t happen in a vacuum. The truck driver may be following the instructions of his or her employer, which in turn widens your case to include additional defendants.
A sobering reminder that things don’t always work right on big rigs is the “runaway truck ramp” sign on highways with steep grades. This is a common sight in mountain country, where brake failure on steep hills is a frequent reality.
An 80,000-pound runaway truck is a frightening thought and a dangerous thing, but brake failure is an unfortunate condition that truck drivers and their employers must contend with. Brake failure can be due to overheating, loss of hydraulics, or several other mechanical afflictions. Brake failure due to poor maintenance should never happen, however. If a truck’s brakes or trailer brakes are not maintained, the consequences – usually to other drivers on the road – can be catastrophic.
The Federal Motor Carrier Safety Administration (FMCSA) regulates the safety and maintenance requirements for equipment and components on 18-wheelers and other commercial vehicles. Individual states may have special regulations as well.
An 18-wheeler truck must be equipped with a signal that warns drivers of brake failure. For vehicles built since 1973, the signal must be visual – generally a dashboard warning light. Air brakes, whether on the truck or the trailer, must have a working pressure gauge that is easily detected by the driver.
Based on federal recommendations, the braking system must have automatic adjustment to compensate for wear of brake linings, drums, or discs. Manual inspection of the braking system is required, and paperwork regarding repairs, replacements, or new installations of brakes must be made available.
Safety devices includes coupling devices that ensure that trailers don’t separate from the vehicle that’s towing them and stabilizers to reduce lateral movement of the trailers.
Shifting cargo has caused a number of 18-wheeler accidents. Accidents in which cargo shifts or falls out of the trailer add a complex layer to the insurance settlement.
In most states, if the cause of an accident can be clearly determined as a shifting load, the company responsible for loading the trailer is liable. However, litigating a case contending that the accident was caused by a shifting load is often a daunting task.
There are standards to point to, such as the requirements set forth by the FMCSA regarding weight distribution, weight support, space management, tie downs, center of gravity, dunnage (material that fills spaces between articles of cargo), and weight limits. The load has to remain stable during all movements of the trailer, whether planned or unplanned. This includes panic stops, sudden lane departures, sharp turns, sloping pavement, uneven pavement, high winds. and anything else that acts upon a trailer on the road.
Different types of cargo need different types of securement. A load of logs will need different types of tie downs than a load of potato chips. The FMCSA document that lays out all these regulations is extensive, and any discrepancy can be a major point in determining liability in an 18-wheeler crash.
A key part of investigating any semi truck accident is identifying the parties responsible. Typically, this goes well beyond the driver at the scene and encompasses the company that hired the driver, as well as other companies involved in the operations of the rig.
At Patrick Daniel Law, we investigate and take action against all parties whose negligence contributed to your injuries in a truck accident, including:
Delivering cargo is a business of tight deadlines. Everyone in the organization, from supervisors to executives, may prioritize the bottom line at the expense of their drivers’ – and the public’s – safety.
Negligence on the part of the trucking company may involve:
These actions may not be obvious at the scene of the crash, and the trucking companies will make every effort to cover their tracks. Patrick Daniel Law will perform a comprehensive investigation to unravel the role corporate negligence may have played in the truck accident.
The question of who services the semi may play a role in your truck accident claim as well. If the tractor and/or trailer is the property of the trucking company, in-house maintenance workers or a contracted third party may be responsible for the upkeep. If the trucker is an independent contractor who owns the rig, however, he or she is required to keep the truck in safe working order by taking it in for tuneups and repairs.
With 18-wheeler trucks traveling thousands of miles each year, routine maintenance and replacement of worn out parts is crucial to the safe operation of any vehicle. If the truck accident was the result of a tire blowout or other failure related to negligence in maintenance and repairs, you may be entitled to damages from the individual or company that services the rig.
Trucks may visit multiple businesses and distribution centers in the course of a haul. As the crews work to load and unload cargo, it is important for them to exercise caution in distributing the weight and securing items so they don’t shift in transit.
Trailers with uneven distribution of weight are at risk of tipping over, potentially onto a vehicle on either side of the rig. Shifting loads may cause the truck to jackknife or cause cargo to fall out into the road.
One of the major factors investigators will assess is the role of unsecured or poorly balanced loads in the truck accident. Our lawyers will review these reports and gather additional evidence to ensure that the party who loaded the truck is held accountable.
Defective vehicle components can play a major role in truck accidents. The failure of a part on the tractor or trailer (or both) can cause the driver to lose control of the vehicle, resulting in a wreck.
Product liability lawsuits in general require extensive investigation of the design and manufacturing of the failed part, as well as the actions the company that makes the part takes to warn the public. Sadly, in many cases corporations make every effort to protect their revenues at the expense of public safety.
Like with trucking companies and other parties, many of whom have billions of dollars and teams of lawyers on their side, Patrick Daniel Law aggressively litigates against negligent companies that manufacture and sell defective trucking parts. We partner with teams of experts to analyze what happened, then take action on your behalf.
The potential for catastrophic injuries in a truck accident is very high. After all, commercial trucks can weigh up to 80,000 pounds, creating force in an accident that even a heavy-duty pickup or SUV has no hope of withstanding.
As a result, serious injuries are the rule rather than the exception. Some of the severe injuries we see at Patrick Daniel Law in truck accident cases include:
The most tragic outcome in a trucking accident is the death of one or more people. Unfortunately, fatalities happen all too often in collisions with big rigs, with the driver and occupants of passenger vehicles the most likely to be killed.
Serious injuries require extensive treatment. After a truck accident, you may require hospitalization, multiple surgeries, and months of physical therapy. Even with timely intervention and the best medical care, you might experience lifelong physical and cognitive deficits, not to mention the emotional burden of adjusting to your new circumstances. Meanwhile, as the medical bills after a truck accident pile up, many victims are unable to pay because their injuries make it impossible for them to return to work.
If this is the situation you are facing in the wake of a truck accident that wasn’t your fault, Patrick Daniel Law can pursue full compensation on your behalf. You may be eligible for damages such as:
Depending on the facts of the truck accident, the jury may also award you punitive damages. This form of compensation is reserved for situations of extreme recklessness, willful disregard for safety, malice, and fraud. Punitive damages are not commonly awarded, but when they are it sends a message to the defendant that their conduct is unacceptable.
If you lost a loved one in a truck accident, Patrick Daniel Law can pursue damages through a wrongful death lawsuit on your family’s behalf. Spouses, children, and parents of the deceased are allowed to file a wrongful death lawsuit in Texas for compensation of economic losses, including lost wages and the expenses of burial, cremation, and funeral services, as well as non-economic damages tied to the emotional toll of the loss.
If possible, taking the following steps at the scene of the semi truck accident can immediately benefit your claim:
Unfortunately, the reality is that many truck accident victims need to be taken to the hospital immediately due to the serious injuries they suffer. If this is the case for you or your loved one, it is in your best interest to contact a truck accident lawyer as soon as possible.
Our lawyers will photograph the scene, identify potential witnesses, and collect information on the truck driver, the trucking company, and other parties on your behalf. Our investigation will also include:
Officially known as the digital event recorder or electronic logging device (ELD), the “little black box” can be found in commercial aircraft, trains, cruise ships, passenger cars, and semi trucks. Each ELD is customized for the type of vehicle in which it is installed to record data from various sensors.
The ELD can be a critical tool in analyzing the cause of a truck crash, and its data often becomes evidence in court cases. It records such information as:
If you’re injured in an accident with an 18-wheeler, don’t expect the trucking company or its insurance representative to voluntarily share the data from the truck’s black box; you shouldn’t even expect them to even preserve it.
This is one of the reasons why hiring a trucking accident attorney immediately after an incident is advisable. Your lawyer can obtain a court order to preserve the black box data and arrange for a joint viewing with the other party’s attorney.
A quick glance at YouTube or any video-sharing website will demonstrate the prominence of dash cams on roads worldwide. Many trucking companies and independent drivers employ dash cams to protect themselves against false claims, and some firms use dash cams that face the driver to show his/her reaction to traffic situations.
Dash cams can record action ahead of the truck, behind it, or even to the side. Sometimes they show that the truck driver was at fault. Sometimes they show that the car driver was at fault. Sometimes it’s hard to tell.
Trucking companies love the dash cam – when it works in their favor, of course. When the footage shows negligence on the part of the truck driver, however, the company will almost certainly try to suppress it.
As with black box data, hiring an attorney early in the process increases the chances that the dash cam footage can be made available for review.
The answer to the often-asked question “How long does it take to settle a car accident with a truck?” is elusive. It can range from a few weeks to well over a year to settle, depending on several factors – most of which are out of the hands of the plaintiff. A trucking accident case is not a time for impatience.
It’s in the best interests of the insurance company, whether it’s yours or the trucking firm’s, to settle quickly, before long-term health issues become apparent. Conditions that develop after a truck accident lawsuit is settled generally become the financial responsibility of the plaintiff. While there are situations that would merit a reopening of the case, most of the time the sign-off on the settlement is the last word.
A common tactic of aggressive insurance adjusters is to put an expiration date on the settlement offer, insinuating that if you don’t agree to the terms by that date you won’t get a settlement at all. They can’t do that, and they know it, but if it intimidates the injured party into signing off on a settlement offer, it’s a win for the insurance company.
All U.S. states have a deadline by which to file a lawsuit regarding a trucking accident, but they’re typically very generous and allow plenty of time for the plaintiffs to recover from their injuries, collect medical bills, gather data regarding the accident, determine their options for returning to work, and review the case with their attorney.
Delays in the case can be the result of medical complications, government-based accident investigations (often the cause of long delays), witness depositions, and research into the trucking company’s adherence to safety regulations, vehicle maintenance, and driver policy.
At Patrick Daniel Law, our goal is to hold negligent parties accountable for the harm they cause our clients. In 18-wheeler accident cases, this often means taking on multi-billion dollar trucking companies and their insurance companies.
We know the tactics employed by these corporations to underpay and deny legitimate accident claims. When you hire Patrick Daniel Law, our lawyers will ensure that these companies know they can’t take advantage of you.
Our team includes attorneys, business strategists, and other experts who take a multidisciplinary approach to building your case. We calculate every cent you are owed for the injuries you have suffered, and we aggressively pursue the just compensation you deserve.
Many firms are quick to settle when faced with the legions of lawyers and deep pockets of the companies involved in trucking accident claims. Patrick Daniel Law is not like that.
We are passionate about pursuing results that other law firms can only imagine because we take the time to get to know each of our clients personally. We feel the struggles you and your family are facing, and this motivates us to do the best job possible for you.
After a commercial vehicle accident, time is of the essence. The trucking company and its insurer are already circling the wagons in anticipation of an injury claim, which is why it is so important to hire a lawyer who can mount an investigation of how you have been impacted by the truck accident.
The attorneys at Patrick Daniel Law will secure all relevant evidence and calculate the total amount of compensation to which you may be entitled. Then, our team will go on the offensive against all liable parties. Whether we are able to achieve a favorable settlement or have to go to court, we are with you every step of the way.
Get started with a FREE review of your truck accident case. Call Patrick Daniel Law at (713) 999-6666 or contact us online today. Our law firm serves clients in trucking accidents throughout the Greater Houston area, all of Texas, and throughout the United States.