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Houston Truck Accident Attorney

Houston Truck Accident Lawyer

Texas is the number one state with headquarters for Fortune 500 companies. It also has more veterans than any other state and leads the country in cotton production. One list that Texas doesn’t want to be number one is the list of “most fatal truck accidents.” According to information collected by the National Safety Council, Texas leads the nation in the number of truck crashes that led to deaths, with 810 such fatalities.

A collision with an 80,000-pound truck can mean devastation for anyone involved in the accident, and often, truck crashes set off a chain reaction of wrecks. Even though every driver needs to be responsible on the road, truck drivers must take extraordinary measures to ensure they are always in control of their rig. If poor driving behavior or any other type of negligent behavior or action causes property damage, severe injuries, or loss of life, the victims are entitled to seek compensation.

The experienced team at Barrera Law Group LLC can assist. Our skilled Houston truck accident lawyer can take up your case and take on the insurance and trucking companies that must compensate you for your losses. We are fierce fighters who will pursue every avenue to ensure our clients receive the fair and reasonable compensation they deserve for their losses.

Safety Regulations for Truck Drivers

Every truck driver must adhere to a specific set of safety regulations that cover everything from service hours to cargo securement. The Federal Motor Carrier Safety Administration (FMCSA) created and implemented these regulations. It is vital for a qualified truck accident lawyer in Houston to understand these regulations because they can become a critical element in establishing a truck driver’s fault in a collision.

Common Causes of Truck Accidents

Common Causes of Truck Accidents

Although they have a lot more training and certification than regular drivers, truck drivers are not immune from some of the same kinds of reckless driving habits that lead to accidents. If you’ve been involved in an accident with a semi-truck, the following might be one (or more) of the contributing factors:

Driver Fatigue

It is not uncommon for long-haul truckers to travel several hundred miles in a single workday. However, the FMCSA has set clear regulations for service hours at 11 hours. That translates to nearly half a day behind the wheel of a truck. Although there is supposed to be a 30-minute break after eight hours, that is still a lot of driving time.

Even when a truck driver stops for the day, they might only get a few hours of sleep in between securing or unloading their rig. Each truck driver is mandated to keep a log of their hours of service. Barrera Law Group LLC can use those logs to demonstrate that the at-fault truck driver ignored regulations, leading to fatigue issues.

Forcing Drivers to Exceed Service Hours

A trucking company needs to make deliveries on time. When planning their routes, they don’t always factor in bad weather or traffic congestion that can impact the delivery of the shipment. When those delays happen, a trucking company can force a driver to break the hours-of-service rules, or their job could be in danger. That is an example of where the trucking company could be added to the complaint as partially to blame for the accident.

Inexperienced and Unqualified Drivers

It is a trucking company’s responsibility to hire experienced drivers. There is a first time for every driver, but you can’t go from getting your commercial driver’s license (CDL) to a long-haul job. Drivers should work local routes and prove they can manage their rigs.

An unqualified driver could have a history of driving citations and fines. That establishes a pattern of bad behavior that could be one of the reasons the driver got into an accident. In additional scenarios, the trucking company could be named partially liable for the accident.

Failing to Perform Pre- and Post-Trip Inspections

It is advisable for drivers to get a car tune-up before a long road trip. Truck drivers are required to do those pre-trip inspections. As with their service hours logs, the truck driver is responsible for keeping a record of every trip inspection and noting any necessary maintenance.

Additionally, it is another responsibility of the trucking company to properly maintain its rigs when required.

Traffic Violations

Speeding, unsafe lane changes, and other traffic violations can all contribute to an accident. Witness testimony, dash cam footage, or traffic camera surveillance can document a truck driver violating the road’s basic rules.

Driving Under the Influence of Drugs and Alcohol

A driver who is found to have a blood alcohol content (BAC) of 0.08 is considered to be legally intoxicated. With truck drivers, those BAC standards are stricter. A truck driver with a BAC of 0.04 is legally drunk. The results of a BAC will demonstrate the truck driver was not in control of his faculties, which led to the accident.

Speak With a Houston Truck Accident Lawyer for Free

Why You Need a Houston Truck Accident Lawyer

Texas’ limit for a small claims court case is $20,000. These cases often don’t involve attorneys or minor incidents like fender bender accidents or unpaid personal loans. An accident involving a truck will generally be more complex, resulting in damages exceeding the small claims court limit. This is why you need to partner with a skilled Houston truck accident lawyer. At Barrera Law Group LLC, we have the experience needed to help with your case.

Before you file a civil complaint, you need to start with an insurance claim. Because of the nature of the accident, you could be making a claim against several entities. The truck driver could have one insurance carrier while the trucking company has another. That means pulling together the documents and evidence needed to support your claim. When we take on your case, we will help gather all that vital information.

Because federal rules regulate truckers, there could be state and federal agencies that are part of the investigation of the crash. Each of those entities has their own procedures to follow. Your assigned attorney will be able to coordinate with those agencies to ensure that they share all the relevant data about the accident.

Additionally, your medical expenses and property losses as a result of an accident with a truck could be significant. You might require ongoing therapy or be unable to return to your job. Those factors need to be taken into consideration by you and your attorney as you calculate your complete damages.

When to Contact an Attorney After Your Truck Accident

If you get involved in any type of automobile accident, you will most likely have to report the accident to your insurance company. That is separate from making a claim for reimbursement. The truck driver and trucking company will also be notifying their insurance carriers. That could trigger a response from an insurance adjuster who wants to quickly get your version of events and possibly offer a quick settlement.

At that point, you should shut down the conversation and call Barrera Law Group LLC. We can step in and take over the communications with the insurance company representatives.

You absolutely shouldn’t sign anything until you’ve consulted with a qualified attorney. Most importantly, you don’t have to wait until you recover or fix your car before speaking with us.

We can assess the final bills when it is time to calculate the damages.

Collecting the Right Evidence

There will always be two versions of a truck accident: one from the truck driver and one from the motorist involved in the accident. The evidence that Barrera Law Group LLC collects will go towards supporting your version of the accident. That can require exhaustive investigations from our staff and network of experts. This is the evidence that needs to be collected:

Who Is at Fault?

We need to establish who is at fault in the accident. As mentioned above, the truck driver might not be the only at-fault party in the case. There could also be liability issues with the following:

  • Trucking company
  • Cargo loaders
  • Mechanics
  • Dispatchers
  • Physical Evidence

There should be a lot of physical evidence collected at the accident scene, such as tire skid marks, damage to cars and property, surveillance videos, etc. Our reconstruction experts can use all that evidence to generate a narrative of the accident supporting your version of the event.

Medical Records

A medical record of the accident will start from your first visit to an emergency room or your doctor. These records will include all the test results, diagnosis, and treatment. If surgery is required, another set of records about the procedure and recovery will be started.

There will also be records for prescriptions and physical therapy. Additionally, there could be assessments related to how your injuries have impacted your ability to work. Along with the records, there could also be photos of the injuries that help support the severity of what happened in the accident.

Property Loss

Was your car able to be repaired, or was it considered a total loss? If it was a total loss, you need to be compensated for the value of your car at the time of the accident. You might also have items in the car that were lost because of the accident. Those should also be compensated for.

Calculating Recoverable Damages

In the blink of an eye, an accident occurs with a big rig truck that can forever change your and your family’s lives. As a result of that accident, you can face the challenges of recovering from injuries that cause paralysis, internal organ damage, burns, broken bones, and traumatic brain injuries.

When taken as a whole, the funds needed to cover your medical expenses could reach over tens or hundreds of thousands of dollars. Texas allows victims of accidents to recover the total amount of their economic damages. Some examples of compensable losses can include the following:

  • Property damage costs
  • Medical expenses, which may include emergency room, surgical, physical therapy, counseling, and medication costs
  • Renovations to your Houston area residence to make it wheelchair accessible (if necessary)
  • Lost wages
  • Future earning potential

There are also noneconomic damages for which you are entitled to be compensated. These would be the damages that aren’t quantified by a bill or invoice, including the following:

  • Pain and suffering
  • Mental anguish
  • Emotional stress
  • PTSD
  • Diminishment of quality of life

In a truck accident that involves the loss of life, there are additional damages that we can help you seek:

  • Funeral and burial expenses
  • Losses of companionship
  • Future lost earnings
  • Lost benefits (i.e., retirement stipends)

If your accident case makes it to a civil court, we can also ask for punitive damages. These would be an additional amount levied against the at-fault parties for especially egregious behavior, such as a truck driver cited for a DUI.

Working with Barrera Law Group LLC

Working with Barrera Law Group LLC

Your free case evaluation is your first meaningful contact with Barrera Law Group LLC. That is where you will tell us what happened in your accident and present some evidence to support your story. In that consultation, we can provide you with the answers to your questions and guidance about the best way forward for your case.

The statute of limitations in Texas for a personal injury lawsuit is two years. If we agree to take up your case, we will move swiftly to find a fair resolution.

At Barrera Law Group LLC, we understand how a wreck with a tractor-trailer can turn life upside down. We know how debilitating serious injuries are and how long the path to recovery can be, especially if you are also experiencing emotional turmoil and lack of income after your loss.  That’s why you can count on any Houston truck accident lawyer you work with our office to advocate strongly for you and your best interests from the moment they take your case.

If you’re looking for a passionate team to shepherd your case through the legal system, contact us today to schedule a free initial consultation.

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Call us or fill out the form below to tell us about your potential case, and a personal injury lawyer will get back to you as quickly as possible.

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