Have you experienced a truck accident that injured you or your family?
Do you need experienced Houston truck accident attorneys who will fight for your maximum compensation?
At The Johns Law Firm, 18-wheeler accident lawyers in Houston can help you recover compensation from the truck company that caused your injuries. We negotiate with insurance companies for the compensation you deserve.
If you’re considering hiring a truck accident attorney, here are a few things you should know about our law firm:
- Our attorneys have helped hundreds of individuals and businesses with skilled legal representation;
- We always advocate for our negligently injured clients’ maximum compensation;
- Many of our lawyers worked for insurance companies and corporations, so we know the legal strategies to use against our opponents;
- We provide clients with personalized attention and respect while keeping them informed and confident about their case;
- We have offices in Houston, Texas, and New Orleans, Louisiana. We are also licensed in Georgia, Florida, and Connecticut; and
- We offer free case reviews. If you want to discuss your trucking accident injury or wrongful death, contact us for a free consultation.
Truck accidents injure and kill many drivers on Houston highways each year. If you were injured or a loved one was killed due to a trucker’s negligence, you can pursue a lawsuit. However, you should know that you’ll have to battle the trucker’s big insurance company when you sue.
This isn’t a lawsuit where you want to represent yourself or hire an inexperienced attorney. You need an experienced Houston trucking accident attorney to fight for your maximum compensation.
Our knowledgeable Houston trucking accident attorneys represent victims who were injured or killed by negligent truck drivers. We fight insurance companies to get a maximum personal injury or wrongful death compensation.
If you’d like more information about truck accident lawsuits before calling us, keep reading for details on the following topics:
- What to Do if You’re Injured in a Truck Accident
- Steps in a Truck Accident Lawsuit
- Proving the Trucker Was Negligent
- Truck Accident Damages
- Common Injuries from Truck Accidents
After reading about truck accident injury lawsuits, give us a call. We’re available for a free case evaluation when you’re ready to get started on your trucking accident injury claim.
What to Do If You’re Injured in a Truck Accident
Massive semi-trucks carry huge loads, making it difficult for truckers to brake quickly. The trucks’ size, weight, and lack of agile maneuvering present a hazard to other Houston drivers.
Though truckers have special licensing requirements, they also spend many hours on the road, which sometimes leads to exhaustion and driving errors.
Houston boasts one of the largest ports in the country, as well as major interstate highways. This means lots of trucks traverse Houston highways, adding to the dangerous road conditions.
Sadly, a Houston Chronicle story reports that “640 people a year die on Houston-area roads, and 2,850 more are seriously injured.” The newspaper investigation names Houston as the deadliest traffic area in the nation.
If you or a loved one were one of those traffic accident victims on a Houston highway, you know all too well that negligent drivers frequent these roads. If you were injured in an accident with a negligent trucker, you’ll want to take the following steps.
Seek Medical Attention
Because trucks are so huge and dangerous, truck accident victims often sustain serious injuries. If you are injured in a truck accident, you should immediately seek medical attention. If you are able, call 911 to request emergency medical response. Get the medical treatment you need, and keep copies of medical bills so that our attorneys can help you get reimbursed by the trucker’s insurance.
Call the Police
Police should respond along with paramedics after you or a witness place a 911 call. Get away from immediate danger by moving to the highway shoulder or another safe space to talk to the police.
If you do not need immediate medical attention, file a police report and answer police questions about what happened in the accident. While a police report may be optional, depending on the circumstances of your accident, it helps your personal injury case.
If you are able, request the names and contact information for any witnesses to the accident. The police will also likely interview witnesses. Pass witness contact information on to your Houston truck accident attorney. Then our attorneys can speak to witnesses during the accident investigation.
Take photos of the scene of the accident, including vehicle damage, the surroundings, and injuries. If you need to seek medical help, ask someone you trust to take photos of these details.
Refrain from Unnecessary Comments
It’s best to avoid giving statements right after the accident. Of course, cooperate with police, unless you are in police custody and need to invoke your Fifth Amendment right against self-incriminating statements.
However, you have no obligation to speak to insurance investigators. Instead, give yourself time to think about the details of the accident before you speak.
This helps you avoid making confusing statements in the aftermath of an accident. If possible, talk to a Houston truck accident attorney before you give a statement to the trucker’s insurance company.
Call a Houston Truck Accident Attorney
After an accident, you should call an experienced Houston truck accident attorney. An 18-wheeler accident lawyer in Houston can guide you in each step of your truck accident injury settlement. The attorney can send an investigator to the scene of the accident, interview witnesses, and make sure you receive proper medical care.
Steps in a Truck Accident Lawsuit
There are many details to sort through after an accident, including medical care, car repairs, and paying bills. You may feel overwhelmed trying to argue with insurance companies on top of all these stressors.
You need a Houston truck accident lawyer to fight for you during this challenging time so that you can focus on healing from your injuries.
Hire a Houston Truck Accident Lawyer
An experienced 18-wheeler accident lawyer in Houston can begin settlement negotiations with the truck insurance company. Our truck accident law firm offers a free consultation, where we can listen to your accident experience and advise you of your legal options. If we think we can help you with your case, we work on contingency, meaning you don’t owe us any money upfront.
In fact, you won’t owe us anything until we win your case.
Investigate the Accident
Houston truck accident attorneys will review any photos and witness statements you collected from the scene of the accident. Then the attorney will look for more evidence of the trucker’s negligence, like the truck’s maintenance records and the driver’s safety record. Your attorney will compile as much evidence as possible to build a strong case.
Negotiate with the Insurance Company
You and your attorney agree on a settlement request, and your attorney sends an initial demand letter to the trucker’s insurance company. This initiates the settlement negotiation process.
Usually, insurance companies want to settle a personal injury or wrongful death case out of court. However, your Houston truck accident attorney should be prepared to take your case to trial if the trucker’s insurance company refuses to agree on a fair settlement. You’ll have the final say on accepting any settlement offer.
Proving the Trucker Was Negligent
If you claim the trucker’s negligence caused your accident injury, you have to prove four legal elements.
Duty of Care
The trucker owed other drivers a duty of care. This means that the trucker had a duty to drive safely and not increase others’ risk of harm.
Breach of Duty
The trucker breached the duty of care by driving dangerously. For instance, the driver might have been speeding, driving with his lights off, or texting instead of watching the road. There are many ways a trucker can breach a duty to drive responsibly.
You were injured in the accident, or a loved one was killed. Sadly, dangerous truck accidents may cause serious injuries or death. These damages are likely to provoke a financial settlement offer from the insurance company.
However, minor accident harm, such as a brief headache or a scratched car, might not be worth a lawsuit.
Your truck accident attorney can help you calculate all possible damages, including injuries, property damage, and emotional effects from the accident.
Breach of Duty Caused Harm
The accident must have caused your injury. For instance, if you already had back problems before your accident, back pain after your accident may not qualify for damages.
In that case, you couldn’t sue the truck insurance company for back pain medical expenses unless the accident made your back injury worse.
Even if you were partly responsible for the accident that caused your injury, you can still get some compensation under Texas’s comparative fault law. Comparative fault allows you to recover damages for the trucker’s portion of responsibility. If you incurred $100,000 worth of damages, and the trucker was 60% responsible, you could recover up to $60,000.
However, you cannot recover any personal injury compensation if you are 51% or more responsible for the accident.
Truck Accident Damages
In a truck accident lawsuit, damages are the harms compensated. These injuries come in two primary forms: economic and non-economic damages.
Economic damages include tangible, easily measurable expenses like medical bills and lost wages. Save medical bills to receive full compensation.
These medical expenses can be compensated as economic damages:
- Ambulance ride;
- Hospital bills;
- Doctor bills;
- Prescription and over-the-counter drugs costs;
- Wheelchairs, walkers, and crutches rentals;
- Physical therapy expenses;
- Rehabilitation facility costs; and
- Counseling charges.
To receive compensation for lost wages, car repair receipts, and other invoices related to truck accident expenses, save all related invoices.
Non-economic damages are less tangible and refer to the “pain and suffering” related to the accident. For instance, if you sustained injuries that keep you awake at night, your pain and insomnia would be non-economic damages.
If you fear driving, this limitation on your lifestyle might be compensated.
Also, the court can take into account the accident’s impact on your relationship with other people. If you cannot enjoy relationships as you did before your accident, this “loss of consortium” can also be compensated.
Common Injuries from Truck Accidents
A truck accident can cause serious injuries or death. Truck accident victims may suffer these injuries, which may impact their lives temporarily or permanently.
Soft Tissue Injuries
The impact of a truck accident collision can cause soft tissue injuries such as bruises, lacerations, and muscle strains. These injuries may require medical attention to avoid permanent muscle damage.
Internal Organ Damage
When the force of a collision thrusts your body into a seatbelt or against the dash or windshield, you can suffer internal organ damage. For instance, a broken rib might puncture your lungs, or you might suffer life-threatening internal bleeding.
These types of injuries can be hard to detect at the scene of the accident, so it’s crucial that you receive immediate medical care.
Nerve damage can result from the twisting, snapping, or pinching of your spine and neck. Nerve damage may present as sharp pain or numbness in your extremities. This pain or numbness may be temporary or could persist as a permanent, debilitating condition.
Traumatic Brain Injury
If your head snaps forward in a collision, hitting your steering wheel, windshield, or dash, it could cause a traumatic brain injury. A head injury ranges from a mild concussion that heals with a few days rest to debilitating brain injuries.
Traumatic brain injury symptoms include dizziness, headaches, light sensitivity, slurred speech, memory loss, and paralysis. Severe or repeated brain injuries may result in the development of chronic neurological conditions.
A truck accident often causes physical injuries, but the experience can also impact your emotional health. Emotional injuries such as insomnia, anxiety, or depression may result from your truck accident injuries.
If you are not able to enjoy relationships with your loved ones as you did before your accident, this also counts as an emotional injury.
Sadly, drivers or passengers are killed in truck accidents. In 2018, Harris County suffered 29 fatalities in commercial motor vehicle crashes, tying with Dallas County for the most truck accident fatalities in the state.
Nationwide, truck accidents account for 11% of all fatal crashes. If someone you loved died in a truck accident, you may be able to sue for wrongful death.
Contact a Houston Trucking Accident Attorney
Even if you have handled car accident settlement details on your own before, a truck accident is another matter entirely. Truckers bring big insurance attorneys to try to limit their financial losses.
Meanwhile, you have medical bills to pay as you try to recover from your injuries.
You need a skilled truck accident attorney to fight these big insurance companies for you. Our truck accident law firm, The Johns Law Firm, has helped hundreds of accident victims in their time of need. Let us know if you want us to help you too.
Contact us for a free consultation.
Our compassionate attorneys are ready to listen to your story, advise you of your best legal strategy, and let you know if we can take your case. Let us fight for you so that you can focus on recovering from your accident injuries.