Houston’s extensive highway system and bustling ports make it a major hub for commercial trucking. While commercial trucks are essential for transporting goods and driving the economy, they also pose serious hazards on Texas roads. When a loaded 18-wheeler collides with a smaller passenger vehicle, the results are often catastrophic.
If you or a loved one has been injured in a commercial truck accident in Houston, it is critical to understand liability issues. An experienced commercial truck accident lawyer Houston TX can help injured victims recover damages after a truck crash. This article provides an overview of liability laws and how an attorney can assist in seeking maximum compensation.
Unique Dangers of Commercial Trucks
Unlike standard passenger cars, commercial trucks and 18-wheelers pose exceptional risks:
- Size and Weight – Loaded tractor-trailers can weigh up to 80,000 pounds. Their massive size and weight make trucks much harder to stop.
- No-Zones – Large blind spots around a truck make it difficult for the driver to see passenger vehicles. These “no-zones” often set the stage for deadly sideswipe and underride crashes.
- Jackknifing – The hinged connection between the cab and trailer can cause a truck to jackknife. This happens when the cab and trailer form a 90-degree angle and spin out of control.
- Rollovers – Top-heavy loads can cause a truck to tip over during tight turns or abrupt maneuvers. Rollovers almost always lead to severe injuries.
- Driver Fatigue – Truckers often face intense pressure to meet tight delivery windows, leading to driver fatigue. Drowsy driving dramatically increases crash risks.
- Equipment Failure – When trailer doors swing open, tires blow out, or brakes fail, it can initiate catastrophic accidents. Trucking companies are responsible for ensuring proper maintenance.
- Hazardous Cargo – Trucks hauling chemicals, combustible liquids, and other hazardous materials compound the risks. Exposure to toxins and fire hazards endanger motorists and communities.
Determining Liability After a Truck Accident
When a passenger vehicle collides with a commercial truck, it triggers complex liability questions. Accident victims may be eligible for compensation through different channels:
Trucking Company Liability
Trucking companies have primary responsibility for the safety of their rigs and drivers. They can be held liable for:
- Negligent hiring of unqualified or reckless drivers
- Failing to train drivers properly
- Mandating unreasonable schedules that lead to driver fatigue
- Not maintaining trucks adequately
- Overloading trailers beyond weight restrictions
- Allowing trucks with mechanical defects to operate
Driver Negligence
Truck drivers must operate rigs safely and adhere to commercial driving laws. If driver negligence caused an accident, the driver and trucking company can both be liable. Common examples include:
- Distracted or impaired driving
- Speeding, tailgating, and other reckless behaviors
- Failure to check blind spots before changing lanes
- Ignoring traffic signs and signals
- Falling asleep at the wheel
An Attorney Can Investigate Liability
The complex web of liability questions underscores the need for an experienced Houston commercial vehicle accident attorney. A qualified lawyer will launch an independent investigation to identify all negligent parties and maximize your injury compensation.
Key investigative steps include:
- Obtaining “black box” data and driver logbooks to reveal factors leading to the crash
- Interviewing eyewitnesses and reconstructing how the collision occurred
- Reviewing company records to uncover inadequate safety policies, driver training lapses, and poorly maintained equipment
- Consulting trucking safety experts to pinpoint violations
- Inspecting the accident scene to identify dangerous road conditions
- Checking the commercial driver’s history and qualifications
- Reviewing maintenance records of the truck to identify any mechanical defects or failed parts
- Analyzing whether hazardous materials were properly contained and transported
- Determining if the truck was overloaded or carrying an imbalanced load
- Evaluating if weather conditions or inadequate road maintenance contributed
- Subpoenaing cell phone records to check for distracted driving
- Assessing whether fatigue or substance use was a factor
Armed with investigative findings, your attorney can hold all negligent parties fully accountable. A thorough investigation helps establish a rock-solid case by uncovering every factor that caused the devastating crash. An experienced truck accident attorney has the tenacity and resources to complete the complex investigation required.
Navigating the Insurance Claims Process
Insurance coverage comes into play after a truck accident investigation establishes fault. This may involve multiple policies:
Trucking Company Insurance
Federal regulations require motor carriers to maintain minimum liability insurance up to $750,000. Larger trucking companies carry policies with higher limits of $1 million or more. However, cases involving severe injuries often exceed these standard limits. Excess liability insurance may be needed to fully cover losses.
Additional Coverage
If other parties contributed to the crash – such as the trailer manufacturer or company responsible for loading the cargo – their insurance also applies.
Your own auto policy may also cover medical payments, income loss and other damages. An attorney will identify and engage all relevant insurance coverage.
Fighting Insurance Claim Delays and Denials
Insurers often delay or deny legitimate claims. They may dispute fault, offer lowball settlements, or claim preexisting conditions caused injuries – not the accident.
A commercial truck accident lawyer has the tenacity and negotiation leverage to counter unreasonable insurer tactics. Your attorney’s thorough documentation of damages and monetary recovery experience levels the playing field against corporations.
Damages Available in a Truck Accident Lawsuit
If insurers refuse reasonable settlement demands, a lawsuit may be needed. Economic and non-economic damages available through a claim include:
- Past and future medical expenses
- Lost income
- Loss of future earning capacity
- Property damage
- Pain, suffering and emotional distress
- Physical impairment or disfigurement
- Loss of consortium for the impact on family relationships
- Punitive damages in cases of gross negligence
An accomplished trial lawyer has the resources to accurately calculate both current and lifelong accident costs. Expert witnesses are engaged to assess damages.
Call Karns & Karns Personal Injury and Accident Attorneys Today
Navigating the legal process after a serious truck collision is overwhelming. An experienced Houston commercial vehicle accident attorney advocates tirelessly for victims and families affected. If you or a loved one has suffered catastrophic injuries in an 18-wheeler accident caused by truck driver negligence or company actions, please call us today at 800-4-THE-WIN (800-484-3946). Our compassionate attorneys provide trusted guidance and comprehensive legal representation to help you recover damages.
