Trucks present many dangers to other travelers. Their size and shape make them difficult to stop in case of an emergency and create dangerous blind spots. Additionally, many drivers and their employers do not take the obligations of safe operation seriously. This can result in collisions that leave people with devastating injuries.
Suffering an injury due to a negligent truck or 18-wheeler should merit legal action. For assistance with the pursuit of compensation for damages, reach out to a Houston truck accident lawyer today. With an experienced attorney at your side, you may be able to recover the damages that are owed to you. Call today to schedule your initial free consultation.
Obligations of Truck Drivers in Houston
Truck drivers are held to a higher standard when it comes to operating their vehicles in a safe and responsible manner. Whether their truck is a commercial vehicle or an 18-wheeler, they are to obey all rules of the road. This includes yielding when required, following speed limits, and properly signaling all turns.
Additionally, truckers are subject to federal regulations concerning the safe operation of their vehicles. These laws strictly limit how many hours a driver may travel in any given day or week. Similar laws limit how heavy a truck may be on highways and local roads. A trucker or their employers who violate these laws may be liable in case of a collision.
Proving Negligence in a Truck-Related Injury Case
In order to effectively prove a truck driver’s negligence, it is necessary to gather multiple forms of evidence. For example, valuable pieces of evidence may include:
- Camera footage
- Police reports
- Dashcam video
- Third-party witness accounts
However, proving defendant fault is only one part of the claim. It is also necessary to demand appropriate compensation for one’s losses. This means that plaintiffs must be able to prove the extent of their injuries. A claim can demand payment for not just physical injuries, but also for any economic impact of the incident and any lost quality of life.
A Houston truck accident lawyer may be able to help guide people through the claims process. This can include gathering evidence in an efficient way, protecting their claim from aggressive insurance companies, and demanding proper compensation during settlement talks and potential trials.
Modified Comparative Fault in Truck Wreck Cases
According to Texas Civil Practice and Remedy Code §33.003, if a court believes a plaintiff to be more than 50 percent at fault for a collision, that court must dismiss the claim for damages. In addition, the amount a plaintiff may be able to recover may be reduced by the percentage they are at fault for. For example, if it is discovered that a victim is 20% at fault for their injuries, they may only be able to recover 80% of their total damages. Given that a complete and total compensation award is never guaranteed, it is important to retain the services of a Houston truck accident lawyer to help you collect the total amount of damages owed to you.
A Houston Truck Accident Attorney May be Able to Help
A truck accident may have a profound impact on your life. These incidents can result in severe injuries that may include broken bones, traumatic brain injuries, or even paralysis. No matter how serious your injuries may be, it is necessary to prove that a defendant truck driver was at fault for that collision.
A team of experienced Houston truck accident lawyers could help you present a claim. From gathering evidence, to demanding fair settlement packages, a passionate injury attorney could work to increase your chances of success. To get started on your case, call today to schedule a free consultation.
Frequently Asked Questions About Houston Truck Accidents
What should I do after being in a truck accident?
- Call 911
- Do not apologize or admit fault
- Get medical attention
- Obtain identifying information for the involved parties
- Collect photographic evidence
- Consult an experienced truck accident lawyer
Do I need a Houston truck accident attorney for my case?
If you feel confused by the insurance companies involved in your case or feel like you have come to a standstill in negotiations, it is by design. Retaining an experienced Houston truck accident lawyer can help guide you through the claims process and increase your chances of a successful jury verdict or accident settlement for your case.
Should I speak with the truck driver after the accident?
If you are not incapacitated after the truck accident, you should speak with the truck driver only to gather their name, contact information, and driver/vehicle/insurance information. You should also share this information as it pertains to you with the truck driver and any parties involved. However, while you should exchange contact information, you should not apologize nor admit fault.
Should I accept a settlement for my truck accident claim?
You should not accept the insurance adjuster’s settlement offer for your truck accident claim since they will attempt to settle a claim as quickly as possible, and may offer you a low settlement without knowing the extent of your damages. The best way to ensure that you get a fair settlement is to hire an experienced personal injury lawyer who understands the insurance negotiations and will do everything possible to fight for your rights.
How will hiring a truck accident lawyer help my case?
One of the most significant steps you can take toward receiving a fair settlement is to hire a knowledgeable truck accident lawyer. Retaining a compassionate injury attorney to protect your rights can guard your claim from rejection or being downplayed by greedy insurance companies. An attorney’s aim is to maximize your compensation so you can move on with your life after a devastating injury from a truck accident.