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Truck accidents in Texas can have devastating effects, often leading to catastrophic injuries, long-term disabilities, and even fatalities. Given the size and weight of commercial trucks, these accidents typically cause more severe damage than standard car collisions.
If you’ve been involved in a truck accident in Texas, you may be facing significant medical bills, lost income, and emotional distress. While pursuing compensation might seem straightforward, these cases can be highly complex, and without skilled legal representation, you risk receiving less compensation than you deserve.
Here, our Houston personal injury lawyer, Charles J. Argento, explains why hiring an experienced Texas truck accident lawyer is crucial to securing fair compensation.
Truck Accident Cases Are More Complex
Truck accidents differ significantly from regular car accidents due to the number of parties that can be held liable. A typical car accident usually assigns the fault to one or both drivers.
However, in a truck accident, multiple parties may share liability, including:
- The truck driver.
- The trucking company.
- The cargo loading company.
- Truck parts manufacturers.
- Maintenance providers.
Determining who is liable—and proving their negligence—requires in-depth knowledge of both state and federal regulations governing the trucking industry. Our experienced lawyers have the skills and resources to investigate the accident thoroughly, identify all responsible parties, and hold them accountable.
Trucking Companies Have Aggressive Defense Teams
Trucking companies often employ aggressive legal teams and insurance adjusters to minimize liability. They may quickly send representatives to the accident scene, gather evidence, and pressure victims into accepting low settlement offers before they fully understand the extent of their injuries or damages.
Without legal representation, you may find yourself facing tactics designed to undermine your claim, such as:
- Blaming the victim for the accident.
- Disputing the extent of your injuries.
- Arguing that your injuries were pre-existing.
- Misrepresenting evidence to reduce liability.
Our skilled Houston truck accident lawyers can help level the playing field, protect your rights, and ensure you are not taken advantage of during negotiations.
Federal Regulations Add Complexity
Truck drivers and trucking companies must comply with strict federal regulations by the Federal Motor Carrier Safety Administration (FMCSA).
These regulations cover various aspects, including:
- Hours of service(HOS) rules limit how long a driver can be on the road.
- Vehicle maintenance and inspection requirements.
- Cargo loading and securing standards.
- Driver qualification and training requirements.
Our lawyers have extensive experience handling truck accident cases, understand these regulations, and use them to identify potential violations that contributed to the accident. For example, if the truck driver exceeded their legal driving hours or if the truck was improperly maintained, this could strengthen your compensation claim.
Evidence Gathering is More Challenging
In truck accident cases, gathering and preserving evidence is often more complicated than car accident cases.
Key pieces of evidence in truck accident cases may include:
- Electronic Logging Device (ELD) Data: ELDs record drivers’ hours and activities, providing crucial information about potential HOS violations.
- Truck Maintenance Records: These records can reveal whether the truck was properly maintained according to federal and state standards.
- Black Box Data: Most commercial trucks have an “event data recorder” that captures information about the vehicle’s speed, braking patterns, and other characteristics during an accident.
- Driver’s Logbook and Records: These documents can provide insight into the driver’s qualifications, training, and compliance with regulations.
- Witness Statements: Statements from witnesses can corroborate your events and establish fault.
Truck companies often control much of this evidence and may try to destroy or withhold it. An attorney can send preservation letters to prevent evidence tampering, conduct thorough investigations, and subpoena necessary documents to build a strong case.
Calculating Truck Accident Damages Requires Experience
In Texas, truck accident victims are entitled to several types of compensation, including:
- Medical expenses (both past and future).
- Lost wages and loss of earning capacity.
- Pain and suffering.
- Property damage.
- Emotional distress.
- Loss of consortium.
Calculating your claim’s total value requires understanding current and future expenses. For instance, if you’ve suffered a severe injury that requires long-term medical treatment or rehabilitation, your attorney will ensure that future medical costs are included in your claim.
Our experienced truck accident lawyers will also consult medical experts, vocational specialists, and economists to accurately estimate your total damages and fight for fair compensation.
While many truck accident cases are resolved through settlements, some may require going to trial to achieve fair compensation. An experienced lawyer can negotiate with insurance companies to secure a favorable settlement. If the insurance company refuses to offer a reasonable amount, we will be prepared to take your case to court.
Contact Our Attorney at Charles J. Argento Today
If you have been injured or lost a loved one in a truck accident caused by negligence in Texas, contact Charles J. Argento right away. Our personal injury lawyer in Houston will diligently work to build a strong case and maximize your compensation. Take advantage of our free consultation by calling (713)-225-5050 or contacting us online to learn more about your legal rights and options.