Tractor trailers are a daily sight in Houston and around Texas. The US economy largely depends on commercial trucks to deliver products nationwide. However, truckers and carriers may be careless and cause severe accidents that injure and kill innocent people.
When that happens, you can have legal options. You may have the right to sue for a truck accident in Houston if another party was negligent.
Learn below about truck accident lawsuits in Houston, then speak to a Houston truck accident attorney to learn if you have a case. The attorney will quickly understand if another person’s negligence caused your injuries.
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Where Truck Crashes Happen In Houston
Houston is one of the biggest cities in the US, and interstates and highways are congested. Truck traffic is heavy on the following roads, and serious truck accidents are frequent:
- Interstate 10, where over 3,550 commercial truck crashes have happened in less than a decade.
- Interstate 45 is often thought of as the deadliest interstate in Texas. I-45 has two hazardous stretches in the Houston area and two interchanges on 610.
- TX-8 Beltway: This is also known as Sam Houston Parkway, and more than 3,100 truck accidents have occurred since over the last seven years.
Additionally, thousands of truck crashes have occurred on I-610, US 59, US 290, US 288, and US 225. Serious crashes also happen on surface roads in Houston, such as Gessner Road, Chimney Rock Road, Holcombe Road, and Shepherd Drive.
Always speak to a truck accident lawyer if a truck driver injures you in an accident. The trucking company will attempt to blame you for your injuries if it can. They will also try to pay less than you deserve for your injuries. Only an experienced truck accident attorney will maximize your case settlement value.
How Do Truck Accidents Happen?
Many factors, including driver and company negligence, can cause a truck accident in Houston. In some accidents, a third party, such as a product manufacturer or the company that loaded the trailer, can be liable. A truck accident attorney will review your case in detail to determine how the accident happened. These cases often involve complex liability issues that only an attorney can evaluate.
Common causes of trucking accidents in Houston include:
Distracted Driving
Imagine driving 10 or more hours per day, every day. You could be bored, and looking at a cell phone while driving to pass the time may be tempting. However, truck drivers have a duty of care to drive safely and should never be distracted while driving.
The driver can also be distracted by looking at the GPS, a logbook, eating or drinking, or simply daydreaming. All it takes is to look away from the road for one or two seconds, and disaster can strike.
Driver Inexperience
Truckers and employers must follow regulations administered by the Federal Motor Carrier Safety Administration (FMCSA). However, trucking companies may hire inexperienced drivers and fail to train them according to federal rules. A truck accident lawyer can review the driver’s training history and driving record to determine if inexperience caused the accident.
Reckless Driving
Truckers are often rushed to their destination because they are usually paid per load. This can cause truckers to speed, drive recklessly, and cut off other drivers. A truck accident attorney can review the accident evidence to determine if trucker negligence caused the accident.
Fatigue
Truck drivers must follow hours-of-service rules limiting the number of hours they can work daily and weekly. For example, truckers must have eight consecutive hours of off-duty time before they start a driving shift. After being off duty for eight hours, they can be on duty for up to 15 hours. Also, truckers may only drive for up to 12 hours, and in a seven-day week, they can only be on duty for a maximum of 70 hours.
However, truckers and carriers may push the limits to make more money. When a truck driver is exhausted, there is a much higher risk of a serious accident. Your truck accident lawyer will review the driver’s log to determine if he followed HOS rules. If not, an accident occurs, your attorney can file a lawsuit against the driver and employer to compensate you.
Drunk Driving
All it takes is one drunk truck driver to cause a serious or fatal truck accident. Driving under the influence may also involve illegal or prescription drugs. Tell your attorney if you think the trucker was drunk or under the influence of an illicit substance.
Truck drivers are supposed to be regularly tested for alcohol and substance abuse. They can lose their commercial driver’s license if they violate these rules.
Improper Maintenance
The FMCSA requires trucking companies and truckers to regularly maintain and inspect their rigs. Unfortunately, some are tempted to continue driving when the truck has a serious maintenance issue. Common maintenance problems contributing to accidents are bald tires, defective brakes, engine and transmission problems, and more.
What You Can Sue For In A Truck Accident Claim
Truck accidents often leave those in smaller vehicles with devastating injuries, such as brain trauma, spinal cord damage, shattered bones, burns, organ damage, or amputation and crush injuries. A truck accident understands the severity of harm that negligent truckers and carriers can cause.
Your attorney will work tirelessly to ensure you receive the most compensation for the full extent of your injuries and losses. Common truck accident damages that you can sue for in a lawsuit are:
Medical Expenses
Severe truck accident injuries are expensive to treat. Even if you have relatively minor injuries, you still can incur thousands in medical expenses. Even one day in the hospital will cost more than $10,000, much more if specialty care is required. You could have hundreds of thousands in medical expenses if surgery was required.
Your attorney will fully compensate you for current and future medical expenses. The tractor-trailer accident attorney will speak to your medical team to understand your prognosis and future medical needs.
Disfigurement And Disability
Truck accident injuries may leave you different than before. You can have amputation injuries, traumatic brain damage, severe facial trauma, severe burns, and other terrible injuries that leave permanent scars. Your truck accident attorney will fight for the most money if you have been disfigured by the accident.
You can also be entitled to additional compensation if you have a permanent disability from the accident, such as paralysis or permanent brain damage. The injury can prevent you from working for the rest of your life, so you should be appropriately compensated.
Lost Earnings
Many serious truck accidents result in the person being unable to work for months or years. You would be entitled to compensation for your lost current and future earnings. Also, you may receive compensation for lost earning capacity if you have a permanent injury.
Loss Of Life Enjoyment
Injuries that don’t fully heal can lead to loss of life enjoyment. For instance, if you lost a leg in a truck crash, you won’t be able to run or walk anymore without assistance. Your attorney will work with your medical team to understand how your truck accident injuries affect your ability to enjoy life.
Loss Of Cognitive And Physical Abilities
Severe truck crashes can leave you with long-term disability and pain. You can also lose cognitive abilities that impair your daily function. These limitations can make working in the future complex.
Property Damage
A truck crash can destroy your vehicle. You should be compensated to repair or replace any property damaged or destroyed in the accident.
Some severe accident victims can be entitled to punitive damages. However, punitive damages are capped in many states, such as Texas. So, talk to a truck accident attorney about any caps or limits on damages in your state.
Who Can You Sue In A Truck Accident Claim?
An essential difference with truck accident claims is there may be multiple parties to hold accountable. You can sue the following parties for your truck crash injuries:
- The trucker: The truck driver is often liable for a truck accident because of reckless driving, distraction, or fatigue.
- The trucking company: The employer can be jointly liable for the trucker’s negligence.
- The cargo company: The company that loaded the trailer can be different than the company the driver employs.
- The truck owner: The truck owner can be different than the driver or trucking employer.
- Truck or part manufacturer: The truck or part manufacturer can be liable for your injuries if a defective part caused the accident.
- Another driver: Some truck crashes are partially or fully caused by another driver.
Your truck accident attorney will understand who is to blame for the accident and hold them accountable.
How Much Can You Get In A Truck Accident Settlement?
Every truck accident claim is different. Your case can be worth more or less than others. The best way to understand your claim’s potential value is to speak to a truck accident attorney. They will evaluate your case and approximate its value based on these factors:
Severity Of Your Injuries
An unfortunate fact of truck crashes is the resulting injuries can be devastating. The horrific impact of a giant commercial truck on a small car is devastating. You can have severe brain injuries, spinal cord damage, burns, and severe disfigurement.
The higher your medical bills, the more the case is worth. Your case value will soar if you require extensive hospitalization and surgeries. Some truck accident victims also need home care, which will increase the case value.
On the other hand, if you have $10,000 in medical bills for a less severe injury, the case value may be less. Your truck accident attorney will ensure you are fairly compensated for your medical bills.
Lost Earning
A severe truck crash can impact your ability to earn a living. You can be out of work for weeks, months, or years. For a severe injury, you can be unable to work for the rest of your life. In that case, you will receive more compensation for lost earning capacity.
On the other hand, a less severe injury will entitle you to a few weeks or months of lost earnings. Your truck accident attorney will learn your current earnings or salary and ensure you receive full back pay.
Pain And Suffering
A truck crash can cause painful injuries that take years to heal. You should receive compensation for your pain and suffering. Your attorney will understand the type and severity of injury by talking to your doctors so they know how severe your suffering is.
Pain and suffering compensation can be substantial after a truck crash. Sometimes, it’s as much as or more than compensation for medical bills and lost earnings.
Lost Enjoyment Of Life
Imagine being paralyzed after a rear-end truck crash. You can’t walk, run, swim, or do things you once did. You also can’t care for yourself. This injury will be worth a lot for loss of enjoyment of life, and your attorney will fight for the most possible.
Review your case with a truck accident attorney to understand your case value. Your attorney has handled many truck accident claims and can review what recent cases in the area settled for.
Act Before The Statute Of Limitations Expires
You can sue for damages after a truck accident, but time is limited. You have just two years from the accident date in Texas and many states to file a personal injury lawsuit. Waiting beyond two years may lead to forfeiting your right to sue for your losses. Contact a commercial truck accident attorney promptly to preserve your legal rights.
Contact A Truck Accident Attorney Now
Did a truck driver’s negligence injure you recently? Obtain the compensation you deserve in a truck accident lawsuit. A truck accident attorney can now review your case for free in your community. You don’t pay legal fees unless they win your case, and you can receive compensation for medical bills, lost earnings, and pain and suffering.