texas truck accident lawyer
EXPERIENCED SEMI TRUCK ACCIDENT ATTORNEYS SERVING CLIENTS IN HOUSTON, TEXAS, AND NATIONWIDE
As one of the country’s commercial trucking hubs, semi trucks are a common sight throughout the Houston area. Although extensive regulations govern the trucking industry, the companies responsible for moving cargo have one major concern: the bottom line.
To protect their bottom line, it is all too easy for trucking companies and the people who work for them to cut corners. When this happens, innocent people get injured or killed.
At Patrick Daniel Law, our attorneys have extensive experience in the complex realm of commercial truck accidents. If you were seriously injured or lost a loved one in a collision with an 18-wheeler, our law firm can help you pursue the compensation you deserve.
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Please contact Patrick Daniel Law at (713) 999-6666 today for a free consultation. Our truck accident lawyers serve clients in Houston, all of Texas, and throughout the United States.
DO I NEED A LAWYER IN A TRUCK ACCIDENT CASE?
Yes. Although it is not required that you hire a lawyer before taking legal action against a trucking company, the odds are stacked against you if you don’t have qualified representation.
Truck accident claims aren’t like car accident cases. Although both types of claims center on collisions involving one or more vehicles, truck accident litigation is much more complicated.
There are a few reasons trucking crashes are complex, and why hiring an experienced lawyer is crucial to a successful outcome in your case:
Your case may involve more than one defendant, including the trucker, his/her employer, the maker of a part on the rig, and possibly others
Multiple defendants means multiple insurance companies will be involved, all of them trying to pass the buck and pay you as little as possible
Truck drivers are subject to federal regulations as well as state and local laws; multiple agencies are likely to be involved in the accident investigation, each of them governed by their own rules, legislation, and procedures
Injuries in truck accidents tend to be much more extensive than they are in “average” car crashes
Accordingly, the damages sought in truck accident lawsuits tend to be much higher
All of these factors combine to make trucking accident claims complicated and often hotly contested. To get the compensation you need and deserve after being hurt in a crash with a semi truck, it is certainly in your best interest to hire a lawyer who understands both the complexities of the litigation and the stakes to you personally.
Driver Error in Houston Trucking Accidents
WHEN SHOULD I GET A TRUCK ACCIDENT LAWYER?
It’s a fairly safe bet that the insurance adjuster will contact you before you even have time to consider calling an attorney. The adjuster wants to head you off at the pass, and hopefully get you to sign off on a settlement before the dust settles.
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That should tell you something right there. So, if you get an early call or a way-too-friendly in-person visit from the insurance adjuster representing the trucking company, “there’s your sign,” as comedian Bill Engvall would say.
Only it’s not funny. Clearly, this is the time to act, if you have any notion of contacting a truck accident lawyer.
While calling an attorney early in the process is ultimately best, you do have some time to reflect on your situation. These conditions merit a closer look if you’re wondering whether you should call an attorney:
A fatal truck accident.
An accident in which you were severely injured. This includes, but is not limited to, broken bones, paralysis, amputation, burns, blindness, or long-term or permanent physical impairment.
There’s even a slight chance that you could be found at fault.
The crash involved other vehicles.
The crash occurred in a construction zone or school zone.
The official accident report is incomplete or does not accurately describe what happened.
An 18-wheeler accident attorney can also help you get to the bottom of what caused the truck accident in the first place. There are many causes of trucking accidents, and being able to sort through all of them and pinpoint the exact cause or causes often takes an expert. The better the expert, the better they’ll be able to find all the causes. Many people can speculate as to the causes, but only an experienced truck accident attorney will be able to provide hard evidence.
RECENT TRUCKING ACCIDENTS IN HARRIS COUNTY, TEXAS
Experienced lawyers Patrick Daniel and Randy Canche discuss the recent case of a fatal truck accident involving an Amazon tractor-trailer on Houston’s North Freeway, as well as common causes of semi-truck accidents, what to do after an accident, and common truck accident questions.
WHAT KINDS OF TRUCK DRIVER ERRORS CAUSE ACCIDENTS?
The imposing size of big rigs doesn’t necessarily make them dangerous, but when they’re driven irresponsibly, maintained improperly, or thrust into a chaotic situation on a busy interstate, they pose a risk to us all. Vigilance, whether driving, maintaining, or troubleshooting, is crucial.
The margin of error for an 18-wheeler is much smaller than for your Toyota Camry. A moment’s inattention by the driver, and the truck has drifted into another lane and sideswiped a car. A panic stop by a big rig going 65 miles requires 525 feet (that’s roughly a tenth of a mile) from the time of driver awareness to a full stop. By comparison, a car traveling that same speed would need 316 feet.
That explains why so many 18-wheeler accidents are rear-end collisions. But these are not minor fender benders with relatively minor property damage and maybe some spilled coffee. These can be devastating and deadly.
The responsibilities of operating and owning an 18-wheeler are significant and should never be taken lightly. When they are, catastrophe can ensue.
Like any vehicle accident, a variety of factors can cause a semi truck collision. Negligence on the part of the trucker can take different forms, including:
1. TRUCK DRIVER DROWSINESS
Drowsiness affects reaction time, threat awareness, and cognitive reasoning. For these reasons, the Federal Motor Carrier Safety Administration regulates the number of hours a truck driver may drive per day (11) and per seven-day week (60).
Drivers are often pressured by their employers to meet delivery schedules that are virtually impossible to meet without going over the stated hourly limitations. This leads to illegal overtime driving, falsified driver’s logs, and, all too often, accidents. Drowsiness may also be attributed to the age of the driver, his general health, medications taken (prescribed and otherwise), and the amount and/or quality of sleep during downtime.
This is a salient point in many lawsuits. Being able to prove that a driver operated a tractor-trailer rig knowing he had not logged the legally required downtime is advantageous to winning a case. A second factor in the equation is whether the driver felt compelled to break the rules of the road because of pressure from his employer to deliver the goods on a tight schedule.
2. IMPAIRED TRUCK DRIVING
It’s a frightening thought that operators of 80,000-pound monsters on our highways could be buzzed on anything from alcohol to opiates, but it happens. In the most recent Large Truck and Bus Crash Facts Report, data collected by the Federal Motor Carrier Safety Administration (FMCSA) revealed that 4,600 truck drivers involved in fatal crashes had a blood alcohol concentration of 0.01 or higher – 2.5 percent of truck drivers in these accidents were legally intoxicated.
Truck drivers have aches and pains, as we all do, and many suffer from chronic conditions for which they have been prescribed powerful painkillers. These painkillers often have side effects and can lead to impaired driving. Lack of regard for these side effects becomes a distinct liability in court cases. Over-the-counter medications are also noted in a number of big rig accidents.
3. TRUCKS SPEEDING & DRIVING TOO FAST FOR CONDITIONS
Just about every motorist can relate to the sight of a big rig zooming past slower moving traffic in situations that should have called for a lighter touch on the accelerator. Technically, it’s not speeding, unless the truck exceeds the posted speed limit, but it is dangerous and unlawful. It’s a ticketable offense known as driving too fast for conditions.
According to the FMCSA, conditions that warrant driving significantly below the posted speed limit include:
Wet or icy roads
Fog
Uneven roads
Construction zones
Curves
Intersections
Pavement breaks
Gravel roads
Heavy traffic
In the FMCSA report cited, “Speeding of Any Kind” is the leading factor in truck accidents, accounting for 6.5% of fatal collisions.
4. RECKLESS, VINDICTIVE TRUCK DRIVING
Iconic movie producer Steven Spielberg’s first feature-length film was a movie titled Duel, about a deranged truck driver trying to force a hapless motorist off a dangerous mountain road. It capitalized on a common fear among people that big rig drivers are out to “get them.”
Fortunately, that is hardly the case. But there have been a number of incidents where a truck driver was possibly triggered by a driver and reacted inappropriately. According to the FMCSA, aggressive driving / road rage was a factor in less than one percent of fatal truck accidents.
Proving that the trucker drove aggressively, or was under the influence of road rage, is a tricky task in the courtroom – one that often needs corroboration from third-party witnesses.
18-Wheeler Distracted Driving Accidents
5. DISTRACTED TRUCK DRIVING
Truck drivers text while driving, talk on the phone while driving, and surf the internet while driving. According to the FMCSA, nearly 6% of fatal truck accidents involved some form of driver distraction. These include:
Distraction by a person, object, or event outside the vehicle
Reaching for objects inside the cab
Talking on the phone
Dialing a phone number
Using a mobile device (texting, using apps, etc.)
Eating or drinking
Adjusting the audio and climate controls
Daydreaming
Smoking
Big rig accidents that occur because the truck driver was distracted can be the worst of the worst in terms of death, injuries, and property damage. Drivers have been convicted of murder because of their behavior behind the wheel. Penalties for commercial drivers who text while operating a moving vehicle are getting stricter, but there are variances by state.
6. OTHER TYPES OF 18-WHEELER TRUCK DRIVER ERROR
Causes for accidents are numerous, but the most prevalent ones not already mentioned are:
Distracted driving, including texting, eating, using the radio, and other activities behind the wheel
Lane departure
Failure to yield
Overcorrecting
Obscured vision
Failure to obey traffic signs and signals
Following too closely (tailgating)
Improper passing
Failure to execute turns and lane changes properly
In many cases, a combination of bad decisions and unsafe behaviors lead to truck accidents. If the driver is fatigued or under the influence, it is more likely that he or she will drive too fast or make reckless decisions that cause an accident.
These decisions, however, don’t happen in a vacuum. The truck driver may be following the instructions of his or her employer, which in turn widens your case to include additional defendants.
Who Is Liable for Trucking Accidents?
HOW DOES NEGLIGENT TRUCK MAINTENANCE CONTRIBUTE TO ACCIDENTS?
A sobering reminder that things don’t always work right on big rigs is the “runaway truck ramp” sign on highways with steep grades. This is a common sight in mountain country, where brake failure on steep hills is a frequent reality.
An 80,000-pound runaway truck is a frightening thought and a dangerous thing, but brake failure is an unfortunate condition that truck drivers and their employers must contend with. Brake failure can be due to overheating, loss of hydraulics, or several other mechanical afflictions. Brake failure due to poor maintenance should never happen, however. If a truck’s brakes or trailer brakes are not maintained, the consequences – usually to other drivers on the road – can be catastrophic.
The Federal Motor Carrier Safety Administration (FMCSA) regulates the safety and maintenance requirements for equipment and components on 18-wheelers and other commercial vehicles. Individual states may have special regulations as well.
1. BRAKES ON SEMI TRUCKS
A truck must be equipped with a signal that warns drivers of brake failure. For vehicles built since 1973, the signal must be visual – generally a dashboard warning light. Air brakes, whether on the truck or the trailer, must have a working pressure gauge that is easily detected by the driver.
Based on federal recommendations, the braking system must have automatic adjustment to compensate for wear of brake linings, drums, or discs. Manual inspection of the braking system is required, and paperwork regarding repairs, replacements, or new installations of brakes must be made available.
2. SAFETY DEVICES ON SEMI TRUCKS
Safety devices includes coupling devices that ensure that trailers don’t separate from the vehicle that’s towing them and stabilizers to reduce lateral movement of the trailers.
3. BIG RIG LOAD SECUREMENT
Shifting cargo has caused a number of 18-wheeler accidents. Accidents in which cargo shifts or falls out of the trailer add a complex layer to the insurance settlement.
In most states, if the cause of an accident can be clearly determined as a shifting load, the company responsible for loading the trailer is liable. However, litigating a case contending that the accident was caused by a shifting load is often a daunting task.
There are standards to point to, such as the requirements set forth by the FMCSA regarding weight distribution, weight support, space management, tie downs, center of gravity, dunnage (material that fills spaces between articles of cargo), and weight limits. The load has to remain stable during all movements of the trailer, whether planned or unplanned. This includes panic stops, sudden lane departures, sharp turns, sloping pavement, uneven pavement, high winds. and anything else that acts upon a trailer on the road.
Different types of cargo need different types of securement. A load of logs will need different types of tie downs than a load of potato chips. The FMCSA document that lays out all these regulations is extensive, and any discrepancy can be a major point in determining liability in an 18-wheeler crash.
Negligent Maintenance in Truck Accident Claims
WHO ARE THE LIABLE PARTIES IN A TRUCK ACCIDENT CASE?
A key part of investigating any semi truck accident is identifying the parties responsible. Typically, this goes well beyond the driver at the scene and encompasses the company that hired the driver, as well as other companies involved in the operations of the rig.
At Patrick Daniel Law, we investigate and take action against all parties whose negligence contributed to your injuries in a truck accident, including:
THE TRUCKING COMPANY
Delivering cargo is a business of tight deadlines. Everyone in the organization, from supervisors to executives, may prioritize the bottom line at the expense of their drivers’ – and the public’s – safety.
Negligence on the part of the trucking company may involve:
Requiring drivers to work beyond the mandated hours of service limits
Coercing drivers to keep inaccurate service and maintenance logs
Hiring unqualified or inexperienced drivers who don’t have proper licensure
Failing to screen drivers for alcohol and drug use or medical conditions that may compromise their ability to operate rigs safely
Not providing drivers with proper training
Failing to hold the proper type and amounts of insurance coverage
These actions may not be obvious at the scene of the crash, and the trucking companies will make every effort to cover their tracks. Patrick Daniel Law will perform a comprehensive investigation to unravel the role corporate negligence may have played in the truck accident.
TRUCKING MAINTENANCE CREWS
The question of who services the semi may play a role in your truck accident claim as well. If the tractor and/or trailer is the property of the trucking company, in-house maintenance workers or a contracted third party may be responsible for the upkeep. If the trucker is an independent contractor who owns the rig, however, he or she is required to keep the truck in safe working order by taking it in for tuneups and repairs.
With 18-wheelers traveling thousands of miles each year, routine maintenance and replacement of worn out parts is crucial to the safe operation of any truck. If the truck accident was the result of a tire blowout or other failure related to negligence in maintenance and repairs, you may be entitled to damages from the individual or company that services the rig.
SHIPPING COMPANIES
Trucks may visit multiple businesses and distribution centers in the course of a haul. As the crews work to load and unload cargo, it is important for them to exercise caution in distributing the weight and securing items so they don’t shift in transit.
Trailers with uneven distribution of weight are at risk of tipping over, potentially onto a vehicle on either side of the rig. Shifting loads may cause the truck to jackknife or cause cargo to fall out into the road.
One of the major factors investigators will assess is the role of unsecured or poorly balanced loads in the truck accident. Our lawyers will review these reports and gather additional evidence to ensure that the party who loaded the truck is held accountable.
PARTS MANUFACTURERS
Defective vehicle components can play a major role in truck accidents. The failure of a part on the tractor or trailer (or both) can cause the driver to lose control of the vehicle, resulting in a wreck.
Product liability lawsuits in general require extensive investigation of the design and manufacturing of the failed part, as well as the actions the company that makes the part takes to warn the public. Sadly, in many cases corporations make every effort to protect their revenues at the expense of public safety.
Like with trucking companies and other parties, many of whom have billions of dollars and teams of lawyers on their side, Patrick Daniel Law aggressively litigates against negligent companies that manufacture and sell defective trucking parts. We partner with teams of experts to analyze what happened, then take action on your behalf.
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