Houston Truck Accident Lawyer

Damage Awards Our car accident attorneys in Houston May Recover

Commercial trucks are required to carry substantial insurance, enough to cover the costs of accidents. Our Houston truck accident lawyers will fight for compensation that covers both your monetary costs, called “special damages,” and your non-economic damages, called “general damages.”

Economic (Special) Damages are for the cost of:

• Medical and rehabilitation bills and continuing care
• Lost wages, both current and projected into the future
• Property damages from the accident.

Non-economic (General) Damages are to compensate you for losses that do not have a specific dollar value but negatively affect your life, including:

• Physical, mental, and emotional pain and suffering
• Permanent disability
• Disfigurement and scarring
• Loss of companionship and consortium and quality of life.

To qualify for non-economic damages in Texas, you must have had physical injury and costs, as well as pain and suffering.

Punitive damages

In some rare situations, where the crash was caused by actions that were wantonly reckless and negligent, you may also be awarded punitive damages. Texas law (CPRC Title 2 Subchapter C Section 41.008) caps the amount of punitive damages.

At Terry Bryant Accident & Injury Law, we will evaluate your case to see what it should be worth and use all our resources to fight for optimum compensation for you and your family.

Amounts of Damage Awards

There are a wide range of damage amounts you may receive in a successful car accident lawsuit, from the thousands to millions of dollars. While no one can give you an exact figure, the amount you receive will depend on the individual circumstances of the case and factors which include:

• Actual costs of your losses and expenses
• The extent and permanence of your injuries and whether you will need continuing care
• Lost earnings and whether you will be able to work in the future
• Your age, earning potential, and family situation
• Whether death was involved
• Availability of insurance coverage and assets of the defendants
• The degree of fault of the defendants and the evidence and witnesses available to prove it
• The individual jurisdiction, judge, and jury if there is a trial
• The skill and negotiating power of your attorney.

In general, the more severe injuries that involve permanent damage and require long-term care or cause death often result in a higher settlement. All key factors will be carefully considered by your Houston truck accident lawyer when determining the compensation you should seek.

Truck Accident Lawyers in Houston Answer Questions

After a traumatic truck accident, you are bound to feel confused and have questions and concerns. While these are best addressed at your free consultation, to get you started here are some answers to questions our clients often ask.

WHAT’S THE KEY TO A SUCCESSFUL LAWSUIT?

For a lawsuit to be successful, the injured party (the plaintiff) must be able to show that they have suffered injuries related to the accident. Typically, the greater the costs associated with the injury, the stronger the case. If the plaintiff demonstrates that the injury was caused by the opposing parties (the defendants), they will have grounds for a lawsuit.

WHAT EXPENSES WILL THE SETTLEMENT COVER?

The settlement can cover a range of expenses, including past and future medical-related costs and lost wages (including diminished earning capacity). In addition to these financial costs, there are other non-economic damages that might be recoverable in a claim, such as damages related to physical and mental pain and suffering.

HOW MUCH DOES A TRUCK ACCIDENT ATTORNEY COST?

At Terry Bryant Accident & Injury Law, we offer a No-Fee Guarantee to our clients. This means that we work on a contingency fee basis and we earn a fee only if we obtain compensation for your injuries.

WHAT SHOULD I DO IF THE TRUCKING COMPANY CALLS?

You are under no obligation to speak to representatives from the trucking company or an insurance company. If they attempt to offer you a cash settlement, do not bite. Remember: they are in the business of saving themselves money — not compensating you fairly. Direct these parties to your truck accident attorney.

HOW DO TRUCK ACCIDENTS DIFFER FROM CAR ACCIDENTS?

Legally speaking, an accident involving a truck is not like your typical car wreck. Due to the vehicle’s size, damage and injuries tend to be more serious (and more expensive). Multiple parties (driver, carrier, freight handler) and each of their insurance companies may be involved. Plus, commercial big rigs are governed by laws and regulations not applicable to passenger vehicles, and their insurance policies should have much higher coverage limits.

WHAT DO WE LOOK FOR WHEN INVESTIGATING YOUR CASE?

Truck wrecks can result from a number of factors. As your attorneys, it’s our job to sniff out evidence of negligence so you can file your claim and make a solid case for compensation to pay your medical bills, lost income, pain and suffering, and other damages owed to you by the negligent party — be it the trucker, the employer, or someone else. Often we will find that the carrier and/or the truck driver did not follow the law and placed the public at risk. When evidence shows that a driver or company cut corners to increase profits at the expense of safety, your compensation claim will gain strength.

WILL I HAVE TO GO TO COURT?

When both parties are able to come to an agreement through negotiation, it’s called a settlement and there is no need for a trial. When the two sides aren’t able to settle, the case will go to trial, where a jury will decide who is at fault and whether the plaintiff should be awarded compensation. A case may be negotiated and settled at any point before a verdict is given.

If yours is like 90% of cases, you won’t have to step inside a courtroom at all. It’s in the best interest of all parties to come to a settlement through negotiation.

HOW LONG DOES IT TAKE TO REACH A SETTLEMENT?

Truck crashes bring more interests to the table than just yours and the truck driver’s — each trying to protect their own turf. The timeline of your case will depend on a variety of factors, including:

• Accident investigation, which may require bringing in experts
• Determining cost of current and future medical needs
• Collecting documentation
• Filling out legal paperwork and creating a demand package to send to defendants
• Whether your attorney can settle through negotiations with insurance
• Whether your case goes to court.

WHAT IF A LOVED ONE DIED IN THE TRUCK ACCIDENT?

If a close relative — generally a spouse, child, or parent — was killed in a truck crash, our truck accident attorney can represent you in a wrongful death case. According to Texas law (TX CPRC Section 71.001), an action for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. The law allows spouses, children, or parents to file a wrongful death claim.

In a successful case, family members may receive damages that include:

• Loss of income and future earning capacity
• Loss of expected inheritance
• Loss of services typically provided by the deceased: childcare, maintenance of the home, etc.
• Loss of companionship, comfort, and love
• Punitive damages, in exceptional cases.

And remember, we work for YOU and collect no fees whatsoever unless your case is successful.

HOW DO I KNOW IF I HAVE A CLAIM?

If the costs associated with your injuries are high and you suspect the truck driver’s negligence contributed to the accident, you should consider the possibility that you have a solid case to seek compensation. Ultimately, the only way to learn about your case’s chance of success is to contact an attorney with experience in truck accident cases.

When you contact Terry Bryant Accident & Injury Law, you can have all your questions answered.  Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000.

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Truck Accident Attorney Proves Negligence and Liability

Proving Negligence is Vital

To win your case, our truck accident attorneys must be able to show that another party, the defendant in case, was negligent, at fault, and therefore liable for your damages. To prove fault legally, we must show the existence of the following elements:

• Duty – The defendant owed you a duty of care not to cause harm.
• Breach – The defendant breached that duty by acting or failing to act.
• Cause – This breach caused an accident that resulted in your injuries.
• Damages – You suffered damages as a result.

It can be difficult to prove liability in any motor vehicle accident, but that is especially true when a commercial vehicle is involved. Our truck accident lawyers will gather evidence from a variety of sources to piece together exactly what happened and who bears legal liability for the crash.

• We will study the police accident report, photographs, and other documentation of the scene. Another critical piece of information will be the speed and braking data taken by the vehicle’s recording device.
• If the scene was examined by a special investigator sent by the state to determine possible mechanical failure, we will look at that official’s findings.
• As the victim, you may be required to face an independent investigator hired by the trucking company. This person will attempt to shift liability onto you. We will help prepare you for this interview.
• In order to determine damages, we will take into account your medical expenditures, any missed time from work, pain and emotional suffering, and expenses due to long-term or permanent injuries.

Who is Liable for a Truck Accident?

Truck accidents are particularly complicated because there may be multiple parties who contributed to the accident and who can be found responsible in a lawsuit. This may include the driver, the trucking company, the truck/freight broker, and/or the manufacturer of a defective part.

The victims of any motor vehicle accident may pursue compensation for their injuries and losses from the responsible parties, but when a commercial vehicle is involved, it can affect how the claim is handled. This is because commercial vehicles are regulated at both the state and federal levels and are subject to additional safety regulations.

IN MANY TRUCK ACCIDENTS, MORE THAN ONE PARTY MAY BE AT FAULT

Driver error is the primary cause in most commercial vehicle crashes, but driver error does not absolve the carrier. Truckers are often under pressure to deliver their loads in a certain time frame, leading them to ignore federal guidelines that mandate rest breaks and restrict hours on the road.

If a driver acts with extreme negligence — for example, operates the vehicle outside of its intended scope without the knowledge or consent of the employer, or driving while fatigued — he alone may bear responsibility. But in most cases, even when the driver’s actions caused the crash, the trucking company may share liability due to a principle called respondeat superior.

Some carriers attempt to get around this by claiming their employees are independent contractors, but this is becoming harder to do.

WHO IS LIABLE WHEN A DRUNK TRUCKER CAUSES AN ACCIDENT?

Any person driving while impaired is a danger to himself, his passengers, and every other person unfortunate enough to encounter him on the road. But when the inebriated driver is behind the wheel of a truck, the potential of injury, death, and costly damage is even greater. Commercial trucks require skill, dexterity, and alertness to operate: the smallest error can tip the vehicle or cause it to careen into adjacent lanes. In addition, the size differential between a big rig and a passenger car means that the truck may do extreme damage to the smaller vehicle. This is why about 3,500 people are killed every year in crashes involving large trucks.

Normally, when an employee of a commercial transport company causes a crash, the employer is responsible for damages. This principle of respondeat superior helps ensure victims receive compensation to cover medical costs. However, it is relevant only if the employee causes an accident while in the scope of their employment. In general, there are few cases in which an impaired truck driver will be able to use respondeat superior to deflect responsibility to the carrier. The Federal Motor Carrier Safety Administration (FMCSA) states that truck drivers may not use alcohol within four hours of operating a cargo vehicle. A drunk trucker is in clear violation of this.

In Texas, though, the party who supplied the driver with alcohol — such as a bar or party host —may be found liable due to the state’s Dram Shop Laws. For these to be relevant, it must be shown that the person or business supplied alcohol to the driver when he was “obviously” inebriated and “a clear danger” to other people.

WHAT IF MECHANICAL FAILURE IS TO BLAME?

Mechanical failure can certainly be a culprit in a big rig crash. Who is liable for such a wreck depends on the nature of the breakdown. A trucking company’s lax maintenance can lead to worn tires, bad brakes, inadequate safety systems, and any number of other malfunctions. Carriers are required by law to inspect their vehicles and keep them in good working condition; and if they fail to do so, they can be held accountable.

If it’s determined that a defective part caused or contributed to the crash, the manufacturer of that part may bear at least some liability.

Many accidents with commercial trucks involve more than one defendant. Gathering documentation and witness testimony, researching, and managing all the details of these complex cases require a skilled and experienced Houston truck accident attorney. Terry Bryant will make sure every responsible party is held accountable. Call us now at (713) 973-8888.

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Truck Accident Lawyers Explain Case Procedures

If you or a family member has been hurt in a collision with a commercial truck, you are likely in shock and focused on recovery. Calling a lawyer may be the last thing on your mind. But keep in mind that it’s important to take this step as soon as possible. It’s best to launch an investigation immediately after the incident; if the statute of limitations passes, you may not be able to recover the money your injuries warrant. Once you hire us, here’s what to expect:

• We will start an investigation into the accident, looking at police reports, witness accounts and photographs; consulting experts; and gathering all possible evidence in order to determine what happened and who was at fault.
• Once you finish your medical treatment, we will obtain medical and billing records, and then analyze your claim – including the calculation of your economic and non-economic losses. Our analysis will be used to prepare our demand.
• If we and the insurance companies involved cannot come to a satisfactory agreement through negotiation, we will initiate a lawsuit by filing a petition with the court.
• Once the defendants have been served and have answered, the discovery phase will begin. This includes deposing witnesses, giving the opposing party requested information, and hiring expert witnesses.
• After the discovery process is complete, we will go to trial.
• Keep in mind that just because a lawsuit is filed, that does not mean a case will end up in the courtroom. The two sides may come to an agreement at any time, sometimes through mediation with a neutral third party.

The Houston truck accident lawyers at Terry Bryant Accident & Injury Law have a thorough understanding of the specific state and federal laws regulating commercial vehicles. We will make sure every responsible party is held to account and that you get all of the money you need to rebuild your life. Contact us online or call (713) 973-8888 or toll-free 1 (800) 444-5000.

Truck Accident Attorneys Suggest What To Do After A Truck Accident

If you’ve been involved in an accident with a commercial vehicle, here’s what to do in the immediate aftermath.

• Call 911 to alert the authorities and, if someone is injured, request emergency medical responders
• If you are in harm’s way, do whatever is possible to get to safety.
• Gather the name and insurance information of the truck driver.
• Avoid speaking to the truck driver at length, and never admit fault without knowing the facts of your case.
• Cooperate with the police officer that responds to the scene of your crash. They will use the information you provide in their police report.
• If possible, take pictures of the scene with your phone and gather contact information of witnesses
• If there is even a possibility that you have suffered an injury, play it safe and visit a doctor to be tested and treated.
• Keep copies of anything you receive related to the crash – medical bills, vehicle damage repair bills or correspondence from insurance companies.
• Contact an experienced Houston truck accident lawyer at Terry Bryant Accident & Injury Law to schedule a free consultation.

Truck Laws and Regulations

Federal regulations for truck drivers and trucking companies were designed to protect all drivers on the road — truck drivers and other motorists. Accidents can take place with any type of commercial vehicle, including:

• Tractor-trailers
• Bucket trucks
• Passengers buses
• Delivery trucks
• Garbage trucks
• Delivery trucks, such as Fed-Ex, UPS, or Amazon trucks
• Farm trucks or agricultural-related vehicles.

The FMCSA is the government agency that regulates the trucking industry and has laws stipulating who may drive a truck and what qualifications they must possess. Violations of the laws can be used to help prove liability in a truck accident case.

Some requirements are that, while on the road, a truck driver must:

• Wear a seat belt
• Obey driving time restrictions and weight limits
• Comply with all safety standards and regularly inspect the following: brakes, tires, reflectors and warning devices, mirrors, lighting, steering systems, emergency equipment, etc.
• Not possess or consume alcohol or certain drugs within four hours of being on duty.

Truck Accident Infographic

To learn more about truck accidents, statistics, regulations and requirements, view this Infographic. Additional useful information is available from the Federal Motor Carrier Safety Administration, the federal agency tasked with providing safety oversight of trucks.

Call Houston Truck Accident Lawyer Terry Bryant

An accident involving a commercial truck is serious business. If you or a loved one has been injured, it’s imperative that you hire a lawyer experienced with truck claims to ensure you aren’t shortchanged by a lowball insurance offer and that you receive every penny you deserve. At Terry Bryant Accident & Injury Law, our skilled and compassionate attorneys will fight for you every step of the way — up to and including in the courtroom.

The compassionate personal injury lawyers at Terry Bryant Accident & Injury Law are here to take the burden off you and handle all legal hurdles involved in getting you the compensation you deserve.  Call our Houston truck accident lawyers as soon as possible, as it is important to start investigating your accident while evidence is fresh and witnesses can be found. In addition, Texas has a statute of limitations, a deadline for filing a case. According to the law (Texas CPRC Title 2, Chapter 16, Sec. 16.003), you generally have two years after the date of the accident to file a lawsuit in court. If you miss this deadline, the courts are likely to dismiss your case, so do not delay.

Call Terry Bryant Accident & Injury Law to schedule a free case evaluation today at (713) 973-8888.