Even without a trailer attached, semi-truck cabs weigh thousands of pounds more than commuter cars and take up much more space on the road, and 18-wheelers with fully loaded trailers attached can weigh up to 80,000 pounds under federal law. Suffice to say, any traffic accident involving a commercial truck almost always has devastating consequences for everyone involved.
Filing suit after a serious truck wreck can be essential to protecting your long-term financial prospects, and a seasoned personal injury attorney’s assistance could be invaluable to the success of your case. Let a Houston truck accident lawyer help ensure your lawsuit or settlement demand accounts for every past and future consequence of your injuries.
Types of Truck Accidents
Not all truck accidents happen the same way—some of the most common types include:
- Rollover accidents, in which the truck flips onto its side, skidding out of control because the trucker was driving negligently, such as speeding, distracted driving, or a defective tire blowout
- Rear-end collisions caused by negligent driving, tailgating, or inexperience
- Head-on collisions, which occur when the trucker drifts into the oncoming lane because of exhaustion, impaired driving, or loss of control
- Jackknife wrecks, which occur when the truck trailer continues to slide forward after improper braking or taking turns too quickly
- T-bone or side-impact wrecks, which usually occur at intersections when a trucker fails to yield or runs a red light or stop sign
- Sideswipe accidents, which usually occur when a trucker fails to see a motorist driving next to them during a lane merge
- Wide right turns that imperil motorists in adjacent lanes
To discuss the type of truck accident you were injured in and the compensation that you may be entitled to, call KGS Law PLLC now, and let a Houston lawyer get to work for you.
What to Do After a Truck Wreck
Immediately after you are involved in a truck wreck, contact or, if you cannot, ask a witness to contact the police and emergency medical services to stabilize your injuries. Houston police are trained to document your accident after interviewing you, the truck driver, and any witnesses. Exchange relevant information with those at the scene, and when you are able, assemble what you collect and create a file to consolidate the information for your attorney. Finally, contact KGS Law PLLC to learn how our experienced Houston attorneys focus on your health while helping you secure the maximum amount of compensation available in your 18-wheeler crash case.
Recovering Comprehensively for Truck Crash-Related Losses
Because of their extraordinary size and weight, tractor-trailers have a much greater potential to cause lasting harm when they collide with smaller commuter cars. Truck crash victims are sometimes fortunate if they only sustain painful injuries like broken bones, ligament tears, and lacerations that will ultimately heal on their own with time and proper care, whereas more serious trucking accidents can cause permanent harm in the form of brain or spinal trauma, internal organ damage, crushing injuries, and/or limb amputation.
The unique severity of injuries that 18-wheeler collisions can cause means that ensuing civil claims must typically account for both past and future losses stemming from the accident, including both economic and non-economic damages. Losses that could be recovered in a successful truck accident case include:
- Emergency medical bills
- Future medical, rehabilitative, and/or home modification costs
- Physical pain from injuries
- Permanent disfigurement
- Short-term income losses
- Lost future earning capacity
- Emotional/psychological trauma
- Lost enjoyment of life
A well-versed attorney serving the Houston area could clarify what losses might be compensable in a particular semi-truck collision case during an initial consultation.
Commercial Truck Claims
Trucking companies must carry a minimum of liability insurance, according to the 49 Code of Federal Regulations § 387.9. The amount also depends on whether the truck travels inside Texas or to other states, and it can rise significantly if the cargo is hazardous. The minimum is $750,000 and up to $5 million in liability.
Although our Houston attorneys consider an insurance settlement, many big rig collision claims are of higher value because of the severity of injuries trucks can inflict, which can impact you for a lifetime. We look at claims to determine if the driver, trucking company, or manufacturer acted negligently. These can include violations of trucking safety regulations, such as a trucker who drives excessive hours and causes an accident after falling asleep at the wheel, or the company that offered a bonus for the trucker to do so. A tire manufacturer may be at fault if a defective tire blows out.
Possible Obstacles to a Successful 18-Wheeler Collision Claim
One of the most complicated elements of truck accident litigation is often figuring out who bears fault for a plaintiff’s injuries. Many commercial trucking collisions stem from a truck driver or their employer acting irresponsibly. Specifically, even if a wreck stems directly from a truck driver’s misconduct, their employer could bear vicarious liability for their employee’s negligence or even be directly liable for encouraging or forcing employees to break federal trucking laws in order to save time and money.
In cases where a semi-truck driver or their employer attempts to shift blame onto the claimant, it will be necessary to prove that the plaintiff does not bear any fault for their own injuries. Texas Civil Practice & Remedies Code §§ 33.001 and 33.012 prohibit anyone who bears over 50 percent of the total blame for their injuries from recovering compensation and otherwise allow courts to reduce the value of a partially liable claimant’s compensatory award in proportion to their assigned percentage of fault.
Finally, Tex. Civ. Prac. & Rem. Code § 16.003 generally gives prospective plaintiffs only two years after an 18-wheeler accident to file a civil claim for damages, regardless of how severe or long-lasting their injuries may be. Support from a seasoned truck crash lawyer in Houston could make it much easier to understand and overcome these potential legal roadblocks.
Investigating a Truck Accident and Gathering Evidence
When a commercial truck causes a crash, the evidence needed to prove fault often disappears quickly unless someone acts fast. Trucking companies typically install electronic control modules, sometimes called black boxes, that record speed, braking, and other data in the moments leading up to a collision. Many carriers also use electronic logging devices to track a driver’s hours behind the wheel, and federal regulations under 49 CFR § 395.8 require carriers to retain these records for a limited period. If that window closes before someone requests the data, key proof can be lost forever.
Our Houston semi-truck collision lawyers move quickly to send preservation letters demanding that a trucking company retain black box data, driver logs, dispatch records, and maintenance history before routine data cycles erase them. We also work with accident reconstruction professionals who can recreate the moments before impact using skid marks, vehicle damage patterns, and roadway evidence. Dash camera footage, nearby traffic camera recordings, and eyewitness accounts add further support to a claim. The sooner this evidence is secured, the stronger your position becomes when a trucking company or its insurer tries to dispute what happened.
Insurance and Negotiation Tactics
Because commercial trucking companies often carry substantial liability coverage, the insurers behind these policies have considerable resources devoted to limiting what they pay out. It is common for an adjuster to reach out shortly after a crash with a quick settlement offer, hoping you will accept before you understand the full extent of your medical needs or lost income. Insurers may also request a recorded statement, looking for wording they can later use to shift blame or minimize your injuries.
At KGS Law PLLC, we handle communication with insurance adjusters on your behalf so you are not pressured into an early or inadequate settlement. We take the time to calculate the complete value of your claim, including future medical care and long-term impacts on your ability to work, before entering serious negotiations. When an insurer refuses to negotiate in good faith, we prepare each case as though it may proceed to litigation, since a trucking company’s insurer is often more willing to offer a fair resolution once it recognizes that we are ready to take the matter to court.
Challenges in Truck Accident Cases
Truck accident claims frequently involve more moving parts than a typical car crash case. Beyond the driver and their direct employer, liability may extend to a truck leasing company, a cargo loading company responsible for improperly securing freight, or a parts manufacturer if a mechanical defect contributed to the crash. Identifying every potentially responsible party requires a careful review of contracts, maintenance logs, and inspection records.
Federal trucking regulations add another layer of complexity, since carriers must comply with rules issued by the Federal Motor Carrier Safety Administration alongside state traffic laws. A violation of a federal safety standard, such as exceeding permitted driving hours, can serve as strong evidence of negligence, but connecting that violation to your specific crash takes thorough investigation. Trucking companies also tend to respond to serious collisions with their own rapid response investigators, which means claimants without legal representation are often at a disadvantage from the earliest hours after a wreck. Working with a Houston truck accident attorney early helps level the playing field against these well-resourced defense efforts.
What Sets KGS Law PLLC Apart
Many large law firms treat clients like numbers, shuttling you through without caring about you or what you are going through. At KGS Law PLLC, our first concern is your health and well-being. And although our second concern is to get you the compensation you need to maintain your health, we care about your experience and legal journey.
We negotiate for the best settlement possible, and if that is not fruitful, we litigate as if you are family because we want the best possible outcome for you. You can choose a Houston tractor-trailer wreck lawyer who assigns you a number, or you can choose KGS Law PLLC, where lawyers know your name and treat you with dignity and respect.
Frequently Asked Questions
Should I Give a Recorded Statement to the Trucking Company’s Insurer?
You are not obligated to provide a recorded statement to the trucking company’s insurance adjuster, and doing so without legal guidance could work against you. Adjusters are trained to ask questions in ways that may shift fault or downplay your injuries, so it is best to let your attorney handle these communications.
What if the Truck Was Driven by an Owner-Operator Instead of a Large Carrier?
Even when a truck driver operates independently rather than as an employee of a large trucking company, that driver typically must still carry federally mandated liability insurance. Owner-operators may also have contracts with shippers or brokers that create additional avenues for recovering compensation, so it remains important to investigate every business relationship connected to the truck involved in your crash.
How Soon After a Truck Accident Should I Contact a Lawyer?
Contacting a lawyer as soon as possible after a truck accident could help preserve time-sensitive evidence, such as electronic logs and black box data, before it is lost. Early involvement also allows your attorney to begin building your case while details are still fresh.
Will My Truck Accident Case Go to Trial, or Is It Likely to Settle?
Many truck accident claims resolve through negotiated settlements, though the right outcome depends on the willingness of the trucking company and its insurer to offer fair compensation. Our Houston attorneys prepare every case with the possibility of trial in mind, which often strengthens your position during settlement talks.
Let a Houston Truck Accident Attorney Help in Your Case
Commercial truck accidents are scary, and the event can be traumatizing. We have handled numerous 18-wheeler collisions. In each case, we made sure our client got what they deserved. These are dangerous accidents, so you should be compensated accordingly. Because semi-trucks are so heavy, they can cause a ton of destruction – your body, for one. You could fall into a medical nightmare.
Regardless, we will be by your side the whole time. Often, claimants worry about the costs of their medical bills. Although it is a cause for concern, let your capable Houston truck accident lawyer at KGS Law Group do the worrying for you. Your health comes first; let us take care of the medical bills. Our priority is your health.
Whether you suffered only minor soft tissue injuries, such as back or neck soreness, or major injuries such as broken bones or fractures, we want to make sure you get the treatment you need. Often, there are a lot of undiagnosed injuries that can affect you later in life.
We will make sure you get the treatment needed to ensure you get a full recovery, along with full compensation. Call today for a private consultation.