Houston Truck Accidents: Steps a Personal Injury Lawyer Recommends
The consequences of a truck accident in Houston cannot be changed for the victims and their families. Truck accidents involve large trucks usually over 80,000 pounds. Injuries from truck accidents are usually serious and it will likely take months or years to recover from your injuries. A Houston truck accident lawyer assists the victims with medical bills, loss of income, as well as lawsuits. Personal injury attorneys help the victims defend their rights, which are the rights of truck accident victims (e.g. the right for you to be treated fairly). To help you out, below are some suggestions from attorneys after a truck accident in Houston.
Step 1: Get Medical Care Immediately
Your health comes first. Always ensure you go to the doctor after a truck accident. Although you might be fine, there could be internal injuries such as brain injury, whiplash, or internal bleeding which may not be apparent and develop later. A physician’s inspection creates a medical report. It links your injuries with the wreck. Without it, insurance agencies will say that your injuries are caused by another source.
Step 2: Accidents Reported to the Police
Always have the wreck reported to the police. They write up the wreck, interview drivers and witnesses, and even give out tickets if traffic rules were broken. Request a copy of the police report. Your attorney will have it as the basis of your case. It can be used to prove fault, assess damage, and substantiate your account.
Step 3: Collect Evidence at the Site of the Accident
If at all possible, gather as much evidence as possible. Take photos of vehicles, license plates, skid marks, and signs around the area. Take photos of the road and weather. Get the name of the truck driver, insurance, and company employer. Get contact information for witnesses, if witnesses are present. Small facts usually make large differences in truck accident claims. Your attorney will utilize these facts to prove fault and disprove the trucking company’s contention.
Step 4: Don’t Talk to Insurance Adjusters Until You Have a Lawyer
Insurance adjusters will be courteous but represent the insurance company, not you. They’re going to attempt to lowball settlements or get you to give a statement that you were responsible. Do not provide recorded statements without an attorney. Your injury attorney can provide these interviews, minimize mistakes, and protect your case.
Step 5: Obtain an Early Personal Injury Attorney
Time is crucial. Trucking corporations move fast when there’s a crash. They retain inspectors, attorneys, and adjusters to protect your interests. Some tips make the playing field even. They investigate facts, interview specialists, and fight to get a reasonable recovery. Moving quickly gives your lawyer more time to keep documents intact and build a better case.
Why Truck Crashes Are More Complicated Than Car Crashes
Truck accidents are unique compared to regular car accidents. They involve other laws, other people, and higher risks.
- There are federal regulations for truck drivers and truck companies.
- There are numerous insurance policies to cover the truck, trailer, and goods.
- Higher damages lead to insurers fighting harder not to pay.
- The truckers are subject to strict safety controls, such as rest stop procedures and weight restrictions.
These situations cause it to be difficult to resolve truck crash claims without the help of the law.
What Damages Are Recoverable?
The following are recoverable damages for the victims:
- Medical expenses, including hospitalization, surgery, and therapy.
- Future care needs in the event of damage-causing permanent injury.
- Lost wages due to lost working hours.
- Loss of earning capacity if you cannot work.
- Pain, suffering, and mental distress.
- Vehicle repair or replacement.
- Wrongful death damages if the victim passes away due to the injury.
The figure will depend on the injury, interference with your lifestyle, and liability findings.
How Your Attorney Builds Your Case
Truck accident lawyers employ thorough investigations. They are able to:
- Search drivers’ logbooks for hours of rest rule violations.
- Backtrack through maintenance records for overdue repairs.
- Obtain GPS and black box data.
- Conduct witness and accident investigator interviews.
- Recreate the crash with engineers.
All make a compelling case and find fault with the truck driver, company, or otherwise.
Federal and State Trucking Laws
The Federal Motor Carrier Safety Administration regulates commercial trucks. Rules control driver break time, drug testing, truck weight, and inspection requirements. Breach of these statutes is proof of negligence. An attorney uses breaches to hold drivers and institutions accountable. Texas statute is also implicated, and a proficient attorney knows how to use state and federal law for you.
Most Frequent Reasons for Houston Truck Accidents
The most common reasons are:
- Fatigue from working long hours.
- Racing against time to get goods delivered by driving swiftly.
- Distracted driving, i.e., texting or device use.
- Hawking under the influence of alcohol, drugs, or medication.
- Trucks poorly maintained, i.e., worn tires or brakes.
- Too heavy or unbalanced weight.
What identifies the cause decides fault and strengthens your case.
Time Limitations on a Claim in Texas
Texas state law sets a time limit, the statute of limitations. Victims generally have two years from the date of the accident in which to file a claim. Late filing can bar recovery, even in good cases. An attorney ensures claims are timely and correct legal procedures are followed.
How Long Do Truck Accident Cases Take?
The time is indefinite. Some settle in a few months if insurers agree. Others take several years if they do go to trial. Delays may be due to:
- Ongoing treatment for medical issues.
- Conflicts regarding fault.
- Insurers’ refusal to settle reasonable offers.
- Complex evidence to be analyzed by experts.
Your attorney will negotiate timelines expected and keep you updated as the case continues.
Why Legal Representation Matters
Trucking firms have aggressive lawyers. By themselves, without an attorney, victims are pushed around into receiving bad settlements. An injury lawyer knows the system, fights your rights, and seeks maximum recovery. They give you courage to fight giant corporations and insurance firms.
Last Thoughts
Tractor-trailer accidents are a serious matter. The injured need to recover and at the same time protect their legal rights. When you are doing the right thing, you are more likely to get a just outcome. A Houston personal injury lawyer is with you every step of the way, from start to finish. From receiving treatment for your injury to being negotiated into a settlement, they are with you.
FAQs
- When do I call an attorney after a Houston truck accident?
Call when you are safe and receive medical treatment if needed. Quick action saves evidence and protects your case.
- Who could be held liable for a truck accident?
Possible defendants could be the driver, the motor carrier, the cargo loaders, the component manufacturers, or the maintenance contractors.
- What if the truck driver is employed by the firm?
The company can be partially responsible. Employers are most typically responsible for what their drivers do.
- Can I recover if I was partially at fault too?
Yes. Texas is comparative responsibility. You can recover if you are less than 51% at fault.
- How much does it cost to hire a personal injury lawyer? Systemic.
The majority of attorneys operate on a contingency fee. You do not have to pay anything in advance. They receive payment only if you are victorious in your case.
