HOUSTON TRUCK ACCIDENT ATTORNEY

Commercial Truck Accident Injury Lawyers 

Drivers and passengers in commuter vehicles are uniquely vulnerable to the negligent actions of commercial truck drivers. It’s not uncommon for 18-wheelers and other commercial trucks to weigh up to 40 times more than the average car. The weight, size, and height disparities in truck accidents frequently result in the occupants of the smaller vehicle suffering severe, potentially catastrophic or fatal injuries.

Truck drivers have a greater responsibility than other drivers on the road because their vehicles pose a severe safety hazard to other motorists. That’s why they require special licensing and are beholden to many additional trucking-specific laws and regulations. When truckers or trucking companies disregard federal and state trucking and transportation safety laws, they should be held liable for the injuries that result. 

At the Weycer Law Firm, our truck accident lawyers have extensive experience representing injured clients and their families during negotiations and at trial. We understand the long-term, potentially life-altering consequences these accidents can have for individuals and families. Our personal injury lawyers will aggressively pursue the claim outcome that’s in your best interest.

Most Common Causes of 18-Wheeler Truck Accidents

1. Distracted Driving

All types of drivers can succumb to distracted driving, but the consequences can be much more severe when the driver is steering an 18-wheeler. Long-haul truck drivers are behind the wheel for extraordinary lengths of time, making distracted driving difficult to avoid. This is unfortunately why distracted driving frequently plays a role in truck accidents.

2. Poor Weather Conditions

Weather conditions like torrential downpours, sleet, and fog are dangerous even when drivers are paying close attention to the road. When combined with distracted driving, poor weather conditions frequently lead to truck accidents and injuries.

3. Reckless Driving

In Texas, reckless driving is defined as driving with willful or wanton disregard for the safety of people or property. This may include excessive speed, running stop signs or red lights, racing with another motor vehicle, or driving under the influence, to name a few.

4. Fatigue

This applies to truck drivers and the break periods required by law — as well as drivers of motor vehicles who are too exhausted and are having a hard time staying awake while on the road. Although there are laws limiting the number of hours truck drivers are allowed to operate in a row and per day, drivers are sometimes subjected to deadlines or incentives to bend or break those rules, increasing the risk of accidents due to fatigue.

5. Driving Under the Influence

In Texas, a person is legally intoxicated if they have a blood-alcohol level (BAC) of .08 or more. A person will also be considered to be driving under the influence if they are impaired due to drug use.

6. Truck Driver Negligence

Truck drivers could be found negligent if they fail to secure their cargo — such as loading beyond the legal limits or failing to use safety chains. Failing to obey traffic regulations is also considered to be negligent behavior.

7. Trucking Company Negligence

Examples of this include failing to provide mechanical maintenance to trucks and failing to inspect equipment such as straps or anything else that’s used to secure cargo. It can also apply to hiring or continuing to employ a person with a history of driving negligently.

What Should I Do After An 18-Wheeler Accident?

If you find yourself in a serious auto or 18-wheeler accident, make sure to follow these steps to ensure that you’re taking care of your personal safety and rights.

1. Collect Contact Information & Witness Statements

Once you are in a safe area, collect contact and insurance information from all parties involved in the accident. Additionally, it’s always good to determine who witnessed the accident and to get their information, as they may aid in proving who was at fault for the accident.

2. Take Photos & Document Your Surroundings

Make sure to take photos of your vehicle and any other vehicles involved, as well as the area where the accident took place in.

3. Contact The Police & File A Report

Have police come to the scene of the accident as soon as possible by dialing 911. It’s also a good idea to file a report to start adding documents and evidence to your case. While working with the police, make sure to take note of the names and badge numbers of the officers on-site.

4. Don’t Admit Fault

During your conversations with police, other drivers, and witnesses, make sure to never admit fault.

5. Seek Medical Care as Soon as Possible

Failing to see a doctor experienced in diagnosing and treating car and truck accident injuries may jeopardize your injury claim. Having official documentation will make it difficult for the insurance company to question the cause or severity of your injuries.

6. Contact Your Insurance Company

Contact your insurance company and provide them with all the necessary information about the accident, contact information of those involved, and anything else that can help your case.

7. Don’t Wait To File Your Case

The longer you wait to file a claim, the harder it will be to negotiate a settlement. If you’re involved in a serious auto or 18-wheeler accident, make sure to contact an experienced truck accident attorney as soon as possible so that they can begin working on your case.

Can Truck Companies Legally Destroy Evidence?

Truck companies are required by law to follow the guidelines established by the Federal Motor Carrier Safety Administration (FMSA). Some of these regulations include rules regarding how long trucking and transportation companies are required to retain documents. Those timelines are not indefinite. Things like trip receipts and driver logbooks must be kept for six months (49 CFR 395.8(k)).

Six months is significantly shorter than the two-year statute of limitations for truck accident injury claims in Texas. Unfortunately, some people injured in truck accidents wait too long and the trucking companies do dispose of documents that are relevant to their case.

A Houston truck accident lawyer can prevent this from happening. They can draft and deliver a spoilation letter to the trucking company. This will prevent the transportation or trucking company from destroying any evidence that may be relevant to your case. If the trucking company defies the spoilation letter, they run the risk of incurring significant additional penalties.

Fast action and competent legal assistance may be vital to receiving fair compensation after suffering truck accident injuries or losing a loved one in a truck accident. The Weycer Law Firm has extensive experience representing Houston clients in truck accident cases, and we’re ready to fight for you.

Call us at (713) 668-4545 for a free case evaluation.