How Our Cement Truck Accident Lawyers in Houston Work for You
Cement truck accident cases present unique challenges because of all the factors that can be involved. Drivers must be skilled and trained on all the aspects of maneuvering a vehicle that may exceed 60,000 pounds in weight, with loads that may shift as they make turns or rush to reach their destination before the cement can dry inside the truck. Cement companies may fail to properly train their drivers or pressure them to drive faster than is safe to get their load delivered. They may fail to conduct regular maintenance inspections to ensure that the equipment is secured and working properly, or address problems in a timely manner.
Since there may be multiple parties responsible for causing the accident, it is important to have an attorney experienced in handling accidents that involve large trucks. When you have Terry Bryant Accident & Injury Law on your side, our lawyers will start working to build your case immediately. We will:
- Meet with you and discuss how the accident happened, who the liable parties may be, whether you have a valid case and what it may be worth
- Investigate the accident by examining the crash scene and gathering evidence from traffic videos, truck maintenance and employer hiring and training records, interviews with witnesses and first responders, and examining police, ambulance, doctor, and hospital records
- Handle all dealings and negotiations with insurance companies and their attorneys for a fair settlement
- Hire experts such as accident reconstruction engineers, inspectors to examine the cement truck for maintenance issues or defective parts, and experts to testify as to the extent of your injuries, the care you will need into the future, and the physical and emotional effects on you and your family
- Build your case and handle all aspects of a trial if an agreement with insurance cannot be reached.
Do not delay. It’s important to call our Houston cement truck accident lawyer at Terry Bryant Accident & Injury Law at (713) 973-8888 or toll-free 1 (800) 444-5000 as soon as possible, while evidence and witnesses can be found. In addition, Texas has a statute of limitations, a deadline for filing a case. According to the law (Texas C.P.R.C. § 16.003), generally, there is time limit of 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. (*Always speak directly to an attorney for the exact deadlines that apply to your potential claim(s).)
Our Cement Truck Accident Lawyers in Houston Must Prove Negligence
To win your cement truck accident case, our attorneys would have to prove that another party, the defendant, was at fault and negligent and therefore should be held liable for causing the accident. To prove fault legally, our attorneys 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 action or failure to act caused an accident that resulted in your injuries.
- Damages – You suffered damages as a result.
Depending on the circumstances, liable negligent parties may include:
- The cement truck driver, if the driver was impaired, fatigued, careless, or speeding
- The owner or manager of the cement truck company
- The manufacturer of the cement truck or its parts, if these were defective and failed
- A municipality or road repair company responsible for road repairs, if a damaged road contributed to the accident
- Other drivers who contributed to the accident
- Maintenance workers who failed to maintain the truck properly.
Based on our investigations and reports from experts, our legal team will locate all possibly liable parties and name them as defendants, as they all may have assets and insurance that can go toward a settlement.
Damage Awards Our Houston Cement Truck Accident Lawyer May Recover
In a successful lawsuit, our attorneys may win an award for your damages – the costs and injuries that resulted from the accident. You may be compensated for both your monetary costs, called “special damages,” and your non-economic harm, called “general” damages, as follows:
Economic or Special Damages are for monetary costs such as:
- Medical and rehabilitation costs
- Costs of continuing care
- Lost wages from being unable to work, current and future
- Property damages.
Non-economic or General Damages are restitution for losses that do not have a specific dollar value, but negatively affect your life, including:
- Pain and suffering
- Mental and emotional anguish and distress
- Permanent disability
- Disfigurement and scarring
- Loss of companionship and consortium and quality of life.
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 (C.P.R.C. § 41.008) caps the amounts of punitive damages.
Amounts of Damage Awards
There are a wide range of damage amounts possible to receive in a cement truck accident, from the thousands to millions of dollars. It is impossible to come up with an exact amount, but our attorneys can estimate what your case should be worth based on the individual circumstances of the case. Factors which may affect a damage award include:
- Actual costs of your losses and expenses
- The severity of your injuries and whether they will be permanent and require continuing care
- Whether death was involved
- Lost earning amounts and whether you will be able to work in the future
- Your age, earning potential, and family situation
- Availability of the insurance coverage and assets
- The evidence and witnesses available
- The individual jurisdiction, judge, and jury where a trial takes place
- The skill and negotiating power of your attorney.
In general, the more severe injuries that involve permanent damage and require long-term care or death often result in a higher settlement. If there are multiple parties at fault and they all have insurance and assets, the settlement may be higher as well.
Our Cement Truck Accident Attorneys in Houston Answer Your Questions
After a cement truck accident, it’s natural to have questions and concerns. While the best way to get answers is to consult with our attorneys, the following are some answers to questions our attorneys are frequently asked:
No. Insurance companies are concerned with their profit and bottom line and may use tactics such as getting you to sign a release in return for a quick payment that is less than your case is worth or trick you into saying something that can be used against you. Tell the insurance companies to talk to your attorney, and let Terry Bryant Accident & Injury Law handle all dealings and negotiations.
When a cement truck accident results in a death, our attorneys may be able to file a wrongful death lawsuit. According to Texas law (TX C.P.R.C. § 71.002), liability for damages arising from an injury that causes an individual’s death exists “if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”
Under the statute, you may bring a wrongful death lawsuit against the negligent party in Texas civil court if you are a close family member or representative of the deceased’s estate. The death does not have to be deliberate or intentional to be wrongful; it only has to have occurred through some act of negligence.
Yes. Texas is a modified” comparative negligence state, so unless you are found to be more than 50% to blame for an accident, you can still collect damages. According to the law (C.P.R.C. § 33.012, if you are partially to blame for a crash, your settlement will be reduced by the percentage of fault that you bear, but you can still collect the remainder. For example, if you were 20% to blame and the settlement was for $100,000, you could collect $80,000.
Some of the problems contributing to the dangers of these types of vehicles include:
- Lack of Visibility: Like many commercial and large vehicles, these types of trucks have significant blind spots.
- Instability: Cement trucks and heavy vehicles do not have the same center of gravity as passenger vehicles, which can make them unstable by design, especially in times of crisis.
- Driver Error: Like all vehicles, the machine is only as good as the driver. Human error, whether intentionally brought on or through simple mishaps, can intensify the aforementioned situations and create an especially dangerous environment.
Yes, since cement truck companies and their insurance companies have a team of powerful injury lawyers, investigators, and insurance adjusters working to minimize your settlement, you need an attorney who knows the system and how to fight back. Our cement truck accident attorneys will aggressively negotiate with insurers, who are likely to take your case more seriously if they know you have an attorney willing to go to trial if necessary.
Call Our Concrete Truck Accident Attorneys for Help
Whether you were a pedestrian, bicyclist, or a motorist driving a car or other vehicle, a concrete truck accident can leave victims traumatized and suffering, and not knowing where to turn for help. Be assured that 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 optimum compensation.
Don’t delay. Call us at (713) 973-8888 or toll-free 1 (800) 444-5000 to schedule a free case evaluation today. There are no costs or fees to you until we win your case.