Did you know that 7,559 crashes involving large trucks occurred in Texas between January 1 and May 31, 2023? These accidents resulted in 4,212 injuries and 241 fatalities in the span of only five months. If you or a loved one were involved in a truck accident in the Houston area, contacting a Houston truck accident lawyer at Steinger, Greene & Feiner can be a step to getting the justice and compensation you deserve.
Common Causes of Truck Accidents in Houston
According to the NHTSA Traffic Safety Facts report, Texas led the nation with the highest number of large trucks involved in fatal crashes, totaling 832 incidents. The state also recorded the highest number of total vehicles involved in fatal crashes. Tragically, Texas had the most fatalities among large-truck occupants, with 170 lives lost.
A truck accident can occur for various reasons. These are the ten most common ones we see in Houston.
- Driver Fatigue: Prolonged periods behind the wheel can induce driver fatigue, diminishing a driver’s response time. Fatigued truck operators are at a heightened risk of committing errors, including instances of falling asleep at the wheel.
- Speeding: The greater the vehicle’s size, the greater the stopping distance required when applying brakes. Given the dimensions of semi-trucks and 18-wheelers, they exhibit significant deceleration. Traveling beyond the speed limit makes it more difficult to reduce speed or halt the vehicle in traffic or amid treacherous road conditions.
- Distracted Driving: When a truck driver diverts their attention from the road—even momentarily—by engaging in activities like texting, eating, adjusting music, or inputting directions, they increase their risk of causing an accident.
- Impaired Driving: Operating a large truck while under the influence of alcohol or drugs is extremely hazardous, both to the truck driver and other drivers on the road. These substances compromise the driver’s discernment, coordination, and response times, which is especially hazardous when handling a large vehicle.
- Insufficient Training: Semi-trucks and 18-wheelers have distinct equipment and procedures that mandate specialized training for navigation. Without the knowledge needed to operate the vehicle safely, truck drivers are more susceptible to causing accidents.
- Adverse Weather Conditions: Whether it’s rain, fog, ice, or snow, inclement weather conditions compromise road safety. They constrain visibility and make road surfaces slippery, placing every driver at risk.
- Mechanical Failures: Brake systems malfunction, tires blow out, and steering mechanisms lock unexpectedly. All these issues impair a truck driver’s ability to maintain control of their vehicle. Neglecting routine maintenance only escalates the likelihood of these issues occurring.
- Improper Cargo Loading: Semi-trucks and 18-wheelers have specified load capacities to prevent overloading by trucking companies. An overloaded truck is more prone to swerving off course or tipping due to excessive weight. Cargo can also fall off the truck if not secured properly.
- Aggressive Driving: Engaging in aggressive driving tactics like tailgating and weaving between lanes endangers both truck drivers and other drivers on the road, increasing the likelihood of accidents.
- Inadequate Following Distance: Since large trucks need a longer braking distance compared to smaller vehicles in emergency scenarios, it’s imperative for truck drivers to maintain a safe following distance. Proximity to the vehicle ahead can result in a collision if traffic suddenly slows or comes to a halt.
Our Houston 18-wheeler accident lawyer team is experienced in handling cases involving all these types of truck accidents and beyond, addressing a wide range of factors that contribute to these incidents.
Common Injuries in Truck Accidents
Big truck accidents often result in serious, life-altering injuries due to the immense force and weight of commercial vehicles. Injuries in these collisions frequently include:
- Traumatic Brain Injuries (TBI): Head trauma, concussions, and brain injuries can lead to cognitive issues, memory loss, and emotional struggles, often requiring ongoing care.
- Spinal Cord and Back Injuries: Spinal injuries can range from herniated discs to paralysis, leading to extensive medical needs, assistive devices, and significant lifestyle adaptations.
- Fractures and Broken Bones: The impact in truck collisions often results in broken bones, especially in the extremities, ribs, or pelvis, demanding immediate treatment and potential long-term physical therapy.
- Internal Organ Damage: Blunt-force trauma can damage organs such as the liver, lungs, or spleen, requiring emergency care and sometimes surgery.
- Psychological Trauma: Many survivors experience PTSD, anxiety, or depression, as the accident’s psychological effects can be just as challenging as physical injuries.
Each injury has financial and emotional implications, which Texas law considers for comprehensive compensation. These injuries not only drive up medical bills but also impact victims’ daily lives, justifying claims for both economic and non-economic damages.
Compensation in Houston Truck Accident Cases
Victims injured in truck crashes can seek comprehensive compensation to cover the physical, financial, and emotional burdens caused by their injuries. Texas law allows accident victims to pursue both economic and non-economic damages tailored to the full impact of the accident on their lives.
- Economic Damages include tangible costs like medical bills, future treatment expenses, and lost wages due to time away from work. If the injury impacts your ability to earn in the future, you may also claim loss of earning capacity, calculated based on projected income lost due to long-term or permanent impairments.
- Non-Economic Damages address the emotional and psychological toll of the accident. Pain and suffering, mental anguish, and diminished quality of life fall under this category, recognizing the life-altering consequences that physical injuries and trauma can bring. Texas law allows compensation that reflects the extent of this distress, especially in severe or debilitating cases.
- In certain cases where a trucking company’s actions were reckless—such as violating safety regulations, skipping maintenance, or overloading cargo—punitive damages may apply. While rare, these damages are intended to penalize gross negligence and deter similar misconduct, adding an additional layer of justice for the victim.
Texas truck accident laws support your right to seek a full financial recovery based on the unique circumstances of your injuries and losses. By clearly documenting the impact of your accident, you strengthen your claim for fair and just compensation that addresses every facet of your recovery. Our Houston semi-truck accident lawyer can help you secure the compensation you deserve.
What to Do After a Truck Accident in Houston
Getting in an accident on the road is a stressful experience. Don’t wait until an accident occurs to figure out how you should respond. Knowing what steps to take before an accident happens will help you secure maximum compensation down the line. Here are the seven steps you should take immediately after getting in an accident with a semi-truck or 18-wheeler.
1. Get to Safety
Nothing matters more than your safety. Check yourself for injuries, and call 911 if you need emergency medical attention. If you’re able to, move your vehicle to the shoulder or a nearby parking lot to get out of oncoming traffic.
2. Contact the Police
Texas requires drivers to report any and all vehicle accidents, no matter how minor. If you don’t, you could end up having your license suspended. All you need to do is call the local police department and tell them what happened and where. Depending on the accident’s severity, officers might arrive at the scene to file a police report. If the accident is minor and officers don’t respond to the scene, file an accident report through the local DMV. Request a copy of whichever report is filed.
3. Take Photos and Videos
Evidence is everything when it comes to truck accident claims. You can’t prove a driver acted negligently without sufficient evidence, and you can’t seek compensation without establishing negligence. Get plenty of photos and videos of the crash scene for later use.
4. Gather Witness Statements
Eyewitnesses have a unique perspective on truck accidents. When you’re driving, you have a limited view of your surroundings. Eyewitnesses—whether they be other drivers or bystanders—can see what you don’t. Documenting what they saw can help prove your case.
5. Exchange Information
Your lawyer and insurance company will need to contact other drivers involved in the accident along with any eyewitnesses when handling your case. Be sure to exchange contact, vehicle, and insurance information with other drivers involved before leaving the accident scene.
6. Contact a Personal Injury Lawyer
A Houston personal injury lawyer who specializes in truck accidents will help you navigate the complexities of your case from start to finish. You can rest easy knowing you’re in good hands.
7. Notify Your Insurance Company
Don’t forget to let your insurance provider know about the accident. They can’t start the claims process until you notify them. Be prepared to speak with an adjuster about what happened in the days following your case.
Texas Truck Accident Laws and Regulations
Modified Comparative Negligence in Texas Truck Accident Cases
Under Texas’s modified comparative negligence rule, you may still seek compensation even if you share some fault in the accident, provided you’re less than 50% responsible. Your compensation would be reduced by your percentage of fault, allowing for a fair distribution of responsibility. This legal structure offers accident victims a chance at recovery in multi-party accidents where the fault may be shared.
Cargo Limits and Securement Requirements
Texas mandates specific weight limits and securement practices for cargo on commercial trucks, ensuring that loads remain safe and balanced throughout transit. Trucks carrying cargo that exceeds weight limits or isn’t properly secured can pose serious risks, especially when maneuvering sharp turns. Evidence of overloading or insecure cargo can support a negligence claim against the trucking company responsible for the load.
Hours of Service Limits to Prevent Driver Fatigue
In Texas, truck drivers must comply with strict Hours of Service (HOS) regulations that limit the number of hours they can drive consecutively. A driver can be on duty for a maximum of 14 hours but may drive only for 11 of those, followed by a mandatory 10-hour rest period. These rules prevent fatigue-related accidents, and any violations can become powerful evidence if you’re involved in a crash with a truck driver pushing beyond legal limits.
Mandatory Safety Inspections and Maintenance
Commercial trucks on Texas roads must pass routine safety inspections, covering crucial areas like brake systems, tires, and other mechanical components. The law requires trucking companies to keep their vehicles in optimal working condition, as failure to do so endangers everyone on the road. If an accident stems from mechanical failure, liability could shift to the trucking company or mechanic, underscoring the importance of documenting maintenance records.
Therefore, identifying the liable parties is a crucial next step in pursuing your case, as it allows for a clear understanding of who is responsible and how different violations and negligent actions have contributed to the accident.
Identifying Liable Parties in a Truck Accident Case
In a truck accident case, liability typically involves various individuals and entities connected to the truck’s operation and maintenance. Determining responsibility requires examining each party’s actions and adherence to legal and safety standards.
The Driver: The driver often holds primary responsibility, especially if the accident stems from negligent actions like speeding, distracted driving, or impaired driving. Texas law requires all drivers to maintain safe driving practices, and breaches of these duties can lead to direct liability for injuries caused.
Vehicle Owner: When someone other than the driver owns the truck, the owner may also be accountable. Texas law places responsibility on owners to ensure their trucks are only operated by qualified and safe drivers. Allowing an unlicensed or unsafe driver behind the wheel can establish liability for the vehicle owner as well.
Parts Manufacturer: Mechanical failures, such as faulty brakes or tire defects, can contribute to severe accidents. When defective parts are involved, the manufacturer or supplier of the faulty component may be held liable. Texas product liability laws address such cases, assigning responsibility when a defective part significantly contributes to the accident.
Repair and Maintenance Providers: Trucks require regular maintenance to remain safe on the road. When an accident results from poor maintenance or inadequate repairs, liability may extend to the mechanic or maintenance provider. Neglecting essential repairs or incorrectly installing critical parts can create hazards, especially in larger vehicles where minor issues can quickly escalate.
In commercial truck accident, liability extends further, potentially implicating trucking companies, cargo loaders, and third-party contractors. Commercial cases introduce additional complexities, as federal regulations and corporate responsibilities play a larger role, requiring a detailed examination of each party involved in the truck’s operation, cargo management, and upkeep.
The Complexities of Truck Accident Cases
Accidents involving large trucks have additional complexities compared to accidents involving cars only. These are some factors unique to truck accidents in Texas.
- Involvement of Multiple Parties: Truck accidents typically involve numerous parties, including the truck operator, the truck-owning company, cargo-hauling businesses, vehicle manufacturers, and maintenance service providers. Determining liability can be difficult.
- Adherence to Regulatory Requirements: Trucking enterprises must adhere to specific federal and state statutes governing service hours, vehicle upkeep, and cargo loading. Non-compliance with these regulations heightens the probability of accidents.
- Monitoring Driver Logs: Truck drivers must uphold and submit comprehensive records detailing their driving hours and breaks. These records serve as essential evidence to substantiate claims of driver fatigue or violations of hour-of-service regulations.
- Verification of Witness Accounts: Collecting eyewitness statements can be challenging due to the high-speed nature of these collisions. Witness testimony can vary and be unreliable, underscoring the importance of corroborating statements with additional evidence.
- Safeguarding Evidence: Trucking companies may expedite the removal or repair of evidence from the accident site. That’s why it’s crucial to act promptly to preserve key evidence, including vehicle conditions, skid marks, and debris patterns.
- Involvement of Expert Witnesses: Discerning liability may necessitate help from specialists like accident reconstruction experts, mechanical engineers, or medical professionals. They’ll analyze the accident’s cause, contributing factors, and resulting injuries.
- Application of Modified Comparative Negligence: Responsibility may be distributed among the truck driver and other parties involved, including drivers and passengers of other vehicles.
- Complexities of Insurance Coverage: Truck accident insurance coverage can be complex, with multiple policies potentially applying to different aspects of the incident.
How Our Truck Accident Attorneys Can Help
At Steinger, Greene & Feiner, our trucking wreck attorneys are committed to helping truck accident victims receive the care, justice, and compensation they deserve. We’ll do whatever it takes to make sure you’re taken care of and treated fairly. Here are just some of the ways we simplify the claims process for you.
Initial Case Assessment
Whether you prefer a face-to-face meeting or a phone consultation, we’ll dive into the specifics of your case. Our aim is to ensure you have a comprehensive understanding of your legal rights and available options. This preliminary assessment is provided at no cost to you. That way, you can focus on what matters most.
In-Depth Case Investigation
Our priority is to uncover the circumstances surrounding your injuries and how you sustained them. Our team will compile evidence and seek expert opinions to determine liability and calculate damages accurately.
Engage in Negotiations
We manage all correspondence with insurance providers to guarantee a fair settlement is achieved. While insurance companies might attempt to offer inadequate settlements or resort to unethical practices, our team is dedicated to securing the compensation you’re entitled to.
Representation in Court
Should a settlement not be reached, our personal injury lawyer take your truck accident lawsuit to court. We will present a robust case to enhance your chances of getting justice and maximum financial compensation for your injuries and damages.
Client Testimonials
“I had the best experience with my attorney, Josh. He was always available to answer any questions I had. He is kind and thoughtful even if a question I had was silly. He always reassured me everything was going to be alright, and it was. I will be referring him and your Law Firm to anyone who needs an excellent Personal Injury Attorney.”
-Denise Morales
“Steinger, Greene & Feiner is the firm you will truly be happy with. They kept me informed of my case every step of the way & in a very timely manner. They made me feel confident and treated me with such kindness. I am a very happy & satisfied customer.”
-Jennifer Ellison
“From beginning to end my attorney Alison Davis was so attentive and on top of every detail of the process. It isn’t something that you can do on your own, and Steinger, Greene, and Feiner is a great option. I hope I don’t need to, but would definitely use them again. Very happy with my settlement!”
-Ross Lappin
“This is one of the best attorneys I have ever used. They kept me informed on what they were doing and how they did it. To all who are looking for a good attorney, this is the one to use. You won’t regret it. They are the best. He will be my attorney from now on when I need him.”
-Rodney Shuemake
“I went to one attorney with my case and I didn’t hear anything from them via text, phone, or email—nothing. Within a couple of hours, I got a text letting me know the lawyers were working on my case and would be in touch with me. I love that because you need to know what’s going on with your case without you having to call them and see what’s going on.”
-Sheila Stokes
“They all really exceeded all my expectations! They handled my case in a very professional and timely manner. I never had to worry or handle anything! If it wasn’t for this team of professionals, I fear the insurance company would’ve beaten me out of the care and money I deserved. I highly recommend this law office. They’re dedicated to getting you the money and care you deserve after a life-changing experience like the car accident I was in. Thanks so much!!”
-April Scarffol
“I was hurt and scared at the beginning of my ordeal. Mostly confused and didn’t know where to turn for a lawyer to help me navigate my case. My attorneys have been an absolute pleasure! I couldn’t have asked for a less painless process. They worked so hard and took all the guesswork out of my case. What truly stood out above everything was how nice, sweet, polite, and understanding they both were. If I ever need representation in the future, I will definitely be reaching out to the SGF team. Thank you for everything! It has been a pleasure to get to work with you. I couldn’t be happier with how things turned out.”
-Dawn Cheek
Consult a Trusted Houston Truck Accident Lawyer Today
When it comes to seeking legal representation for your truck accident case, Steinger, Greene & Feiner is the name you can trust to get the results you want. Our Houston truck crash lawyers have the skills and experience required to bring the responsible party to justice and secure maximum compensation on your behalf. Don’t wait to take the first step. Contact us today for a free case evaluation. We’re ready to get to work.