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Tractor trailers, semi trucks, diesel trucks, 18 wheelers, big trailers, you name it, truck accidents can have devastating consequences for Houston drivers. If you or a loved one was injured in a truck accident or semi truck accident, you need to contact the Houston truck accident attorney at Blass Law.
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We can navigate the complex legal process for you and hold the truck driver’s employer accountable for your injuries and property damage. If you were hit by a truck, call Blass Law at (713) 225-1900 or request a consultation online.
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The compensation you can recover depends on your specific injuries and damages, whether financial, physical, emotional or psychological. Texas law allows victims of trucking accidents in Houston and throughout the state to recover both monetary and non-monetary damages. Your economic damages are the monetary costs you incur as a result of the automobile accident.
On the other hand, non-economic damages refer to the ways your life was negatively affected by the accident that are not economic. This could be, for example, the loss of a limb, the inability to enjoy life because you are missing a limb, or the psychological trauma you experienced when you lost the limb. None of these relate to money in a tangible way, but you can still be compensated for it.
Accidents involving trucks, 18-wheel trailers, garbage trucks, and mail/package trucks can involve a variety of problems. Truck drivers travel for hours at a time and deal with factors such as unfamiliar terrain, distracted drivers and mechanical breakdowns.
In addition to all the factors that contribute to passenger vehicle accidents, truck drivers often struggle with sleeplessness or road fatigue. The Federal Motor Carrier Safety Administration (FMCSA) lists the following 10 factors as the most common contributing factors when it comes to truck accidents:
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According to the National Transportation and Safety Board (NTSB), nearly one-third of truck accidents are due to fatigue. Fatigue itself can be influenced by:
Federal hours of service (HOS) regulations are designed to regulate how long a driver must travel for one leg, how many drives they can log in a week, and how long they must rest between shifts. However, drivers may sometimes falsify records to make extra deliveries, as a way to directly increase their profits and deal with onerous or even unrealistic scheduling requirements.
Truck accidents often require extensive investigation and fact-finding to determine fault in an incident and build a case with supporting evidence. When investigating a potential claim, a Houston 18 wheeler accident lawyer can review various documents to see if the driver or trucking company swerved or failed to follow important safety rules, such as:
Every driver has a duty to exercise reasonable care when navigating the road. Any evidence to the contrary could mean they were negligent. Most driver-related causes of trucking accidents result in negligence.
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Reasons related to the condition of the road and failure of equipment or parts will likely cause another party to be found negligent. This could be like the city not filling potholes on the road or an electrical failure in the truck. Our truck accident attorneys will apply the four elements of negligence to the responsible party to legally prove your right to compensation. We will work to demonstrate that:
If the driver’s actions violate the law, it could automatically be considered negligence or carelessness per se. In the latter case, none of the negligence elements would need to be proven, except that you suffered an injury as a result of their actions.
Tort cases in Texas have a two-year filing deadline, according to Texas Code of Civil Procedure § 16.003. This means that you have no more than 2 years from the date of the truck accident to file a lawsuit in court. A lot happens before a lawsuit is filed, doctors must determine the extent of your injuries and what treatment is necessary.
Do not delay seeking legal help. Your insurance claim process should begin as soon as possible after your accident.
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Failure to pursue your case means that you may lose your right to collect compensation from the responsible party. Our Houston personal injury attorneys will act decisively to take your case to court if settlement negotiations with insurance companies or another responsible party are unsuccessful.
When a passenger car collides with a truck, the consequences can be devastating. In 18-wheeler accidents, the size and weight of the semi increases the risk of serious injury or death to those involved in the accident, including the truck driver and the driver and/or passengers of other vehicles. . Common injuries resulting from truck accidents include:
Having to deal with complex legal issues and sustaining serious injuries or dealing with an injury affecting a child, sibling or other loved one can be just as difficult for victims of an 18-wheeler accident.
Like other commercial vehicle and passenger vehicle accidents, trucking accidents are inherently complex. One or more of several parties may be responsible for the accident, including the truck driver, the truck manufacturer, the driver’s employer, or the company that owns or transports the cargo.
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For example, trucking companies may be liable if they have not provided adequate training to the individuals operating the truck or 18-wheeler. Due to the shortage of truck drivers, companies are very susceptible to hiring people who are not qualified to operate a large 80,000 pound vehicle. If companies fail to comply with important safety provisions when hiring and training truck drivers, they can be exposed to significant liability.
Various state and federal laws may affect cases and which parties may be liable. For example, Texas’s proportional liability statute, found in Chapter 33 of the Texas Code of Practice and Civil Remedies, factors into the equation. This law allows multiple parties to share fault and responsibility for an accident.
It also states that the plaintiff can share partial responsibility and still recover part of his loss, as long as his share of responsibility does not exceed 51 percent. This is an amended State Comparative Negligence Act.
Insurance is another complicated issue that can cause frustration when being hit by a truck. Sometimes the truck and trailer involved in an accident are owned by different companies and are therefore insured separately. A Houston truck accident attorney will identify the various lines of insurance coverage at stake and, when possible, investigate the negligence of both parties and seek various avenues of financial compensation for the victim.
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After an accident occurs and is reported, the insurance agency or agencies covering the driver and/or trucking company will investigate the incident. They will gather their own evidence to defend against potential claims that may be brought against their clients. Truck accident victims must resist the urge to accept low settlement offers from insurance companies focused on paying the least and settling the case as quickly as possible.
The first steps to countering this effort are to seek necessary medical treatment and contact an experienced Houston truck accident attorney at Blass Law. We will work diligently with you to take the necessary actions until the insurance company and/or trucking companies are held sufficiently accountable and make a fair offer.
In the meantime, people involved in or injured in the accident should not provide written or recorded statements to insurance companies or adjusters investigating the damage. You can let a Houston truck accident attorney at Blass Law deal with the insurance companies for you.
If you or a loved one were involved in a truck accident, don’t try to deal with insurance companies alone. Let the Houston truck accident attorneys at Blass Law investigate your claim and hold the trucking company and its insurers accountable.
Truck Accident Lawyer
You need compensation for your injuries and time off work, and we know how to get it. Let us provide you with the recovery you need and deserve. Call Blass Law today at (713) 225-1900 or request a consultation online. Attorney SGT Pike is the top truck accident attorney in the entire Houston Metro area who has been fighting for the rights of truck accident victims for years.
If you have been injured in an 18-wheeler accident, you may be entitled to compensation. At the Law Offices of Andrew “PIKE” Piekalkiewicz, PLLC, we have years of experience representing those injured in these types of accidents. We will work tirelessly to get you the compensation you deserve.
Attorney Sgt. Pike has extensive experience working with insurance companies and government agencies to ensure he can obtain the most favorable solution for his clients. He is a skilled negotiator and will do everything in his power to ensure that you receive the maximum amount for your injuries.
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