Getting involved in a truck accident is scary. Imagine having a 40-ton truck ramming its way through the highway, and you’re in its path.
Surviving this disaster can also be life-changing. Apart from property damage, you’ll likely face severe injuries that require serious medical treatment or therapy. It’s a long way to recovery that may be riddled with restrictions on your mobility and lifestyle changes.
Semi-Truck Accidents in Texas Are Catastrophic
A fully loaded semi-trailer greatly outweighs a 2,000-pound sedan. When these two collide, we all know which one will collapse on itself from the external pressure and weight.
The stronger one will prevail; in this case, it’s the bigger vehicle.
Unfortunately, a semi-trailer isn’t easy to control. It requires a longer stopping distance and may be more challenging to maneuver than the smaller sedan. So accidents are likely when these giant machines travel under unfavorable road conditions.
Because big trucks can cause spectacular devastation, there is much more at stake in semi-truck accidents than the usual auto collision cases.
This is why semi-truck accidents in Texas are given special treatment.
Establishing the Right to Damages in Semi-Truck Accidents in Texas
You could seek compensation if you sustained injuries or property damage in a car collision case. And if a loved one died in the same unfortunate event, you can add a wrongful death claim.
The same is true in a semi-truck accident. You can go to court to get the compensation you deserve.
You must establish three things in court to recover damages in auto collision and semi-truck accident cases.
Duty
You must show that the driver at fault had the duty to exercise care toward the other drivers on the road—this includes you.
Breach of Duty
You must establish that the driver at fault breached this duty of exercising care on the road.
Damages
As a result of this breach of duty to exercise care, you sustained physical injuries or property damage.
Parties Involved in Semi-Truck Accidents in Texas
But unlike a typical auto collision case, more parties are involved in a semi-truck accident case.
In an auto collision case, there are two parties.
- There’s the driver at fault—the person who caused the collision, which resulted in injuries and property damage to others.
- And then there’s the aggrieved party—the person who incurred injuries or property damage due to the fault or negligence of the driver at fault.
On the other hand, a semi-truck accident may involve more than two parties.
First, there’s the truck driver who caused the collision.
Second, the aggrieved party seeks compensation for the injuries and damages sustained.
And then there are one or more who may join the cause.
Initially, a semi-truck accident may include the driver’s employer
Typically, semi-truck drivers work for a trucking company. And, as the employer, the company is liable for any damage that its employee, the driver, did during the latter’s duty.
So if the company’s driver hit a car while delivering a load from point A to point B, the company is liable.
The aggrieved party has the right to pursue a claim against the driver and his trucking company in the same case in court.
The truck manufacturer may also be liable
If the aggrieved party can trace the cause of the accident to a defect in the truck, he may include the company that produced it.
The same logic will apply if the accident is due to a defect in the truck parts—the aggrieved party may also go after the company that manufactured those defective components.
Finally, the aggrieved party may file an action against the state or city government if unfavorable road conditions contributed to the accident. These road conditions may include potholes and bumps, making driving a semi-truck more difficult.
Semi-Truck Accident Cases Are Complicated
Recovering compensation for physical injuries, property damage, and other related costs is different in semi-truck accident cases.
Because the liability goes beyond the truck driver, you have to consider other parties that may be potentially liable. So it makes for a more complex case.
This is why you need an attorney who specializes in these things.
A semi-truck accident lawyer in Houston can help you investigate and gather evidence in your compensation claim against the responsible persons.
Why Are Semi-Truck Accidents Challenging
Auto accident cases are pretty straightforward. The aggrieved party goes after the driver at fault and recovers medical costs and expenses to repair the damaged vehicle.
But the same may be different with heavy trucks. Pursuing a case against semi-truck drivers at fault can be a challenge. Here’s why.
Huge trucks can cause a catastrophe, not only property damage but also physical injuries, which may not be immediately apparent.
Some signs of physical injuries may appear weeks or months after the accident. And these are potentially life-changing. In most cases, these injuries can limit mobility, require continuous treatment, or affect the quality of life.
Complete recovery may not even be guaranteed for some of these severe injuries. The aggrieved party could face years of physical therapy, assisted living, or extended periods of being unable to return to work.
This means more costs while losing earning capacity for the injured party.
In addition, the trucking industry has complex rules and regulations that govern all aspects of the business. From imposing a limitation on service-rendered hours to sleep apnea testing, truckers must comply with these strict rules.
Trucking insurance is just as complicated as regulations.
Even if the injured party has established the truck driver’s liability, the trucking company may drag out the claim process. That’s because the company has a vested interest. As a result, it will likely make lowball offers or set up claims to settle a claim so cheaply.
All these are meant to pressure the injured party to accept a lower settlement amount.
Unfortunately, this is common in cases involving Texas semi-truck accidents.
To fight back against this injustice, you need an experienced attorney who knows this law and regulations. Someone who can identify the usual tactics of trucking companies to defeat a fair and reasonable compensation for the injured party.
If you have been caught in an unfortunate mishap involving a trailer, you need a semi-truck accident lawyer in Houston to fight back against this unfair practice.
3 Reasons Why You Should Hire a Semi-Truck Accident Lawyer in Houston
If you think car accidents are stressful, try semi-truck accidents. They can leave their victims struggling with severe and even disabling injuries. And the medical costs can be astronomical.
You wouldn’t want to be on the losing end in a semi-truck accident. It helps you get full coverage of your medical treatment, rehabilitation, and repair costs. More importantly, you deserve fair and reasonable compensation for all damages.
So if you’re wondering if it’s worth getting a semi-truck accident lawyer in Houston, the answer is a big YES.
Here are the three biggest reasons why having a truck accident attorney is worth it.
1. The specifics of the case are complex
It requires special knowledge and familiarity with the strict regulations to navigate semi-truck accident cases.
Regulations issued by bodies like the Federal Motor Carrier Safety Administration are tailor-made for the trucking industry. And these rules are usually outside of law schools.
So if you get a lawyer unfamiliar with these trucking industry-related regulations, you are bound to lose your case.
A competent semi-truck accident lawyer in Houston will know what evidence to look for or questions to ask. He knows which factors to focus on to establish liability for the truck driver and his employer.
2. Truck accident cases involve several parties
Apart from the truck driver, several other persons are to blame for semi-truck accidents in Texas. As mentioned, these parties include the truck company, parts manufacturer, or truck mechanic.
An experienced semi-truck accident lawyer in Houston will know where to start with the investigation to prove these parties are liable.
3. Injuries and property damage are more severe than in car accidents
The sheer size of these trucks can lead to catastrophic damage in an accident. It’s even worse if the truck contains a flammable or hazardous load.
Because of its horrible outcome, the compensation claim in these cases is often higher. On the other hand, the truck company may want to lowball the settlement.
So it becomes a battle between two opposing forces. On one side, the injured party wants to get as much compensation as possible; the other wants to lower it.
You need an attorney who can build a strong claim case and pursue full compensation on your behalf.
Talk to a Semi-Truck Accident Lawyer in Houston
Trial strategy is important when you want to establish liability and seek compensation from the party at fault. And we have the experience and skill to do that.
At O’Hara Law Firm, we help auto collision and semi-truck accident victims win the compensation they deserve. We will fight for your rights while you focus on your recovery.
Reach out today at 281-919-2073 and schedule your free consultation.