Truck accidents are often the most severe crashes on Texas roads, leaving victims with catastrophic or fatal injuries. If you suffered an injury in a Houston truck accident, understanding your rights is key to seeking compensation for your medical expenses, lost wages, and other losses.
Contact Mitchell Law, PLLC, for a free consultation with an experienced truck accident attorney about your case. We’ll explain your options for seeking compensation and go over how our legal team identifies and holds liable parties financially accountable for the harm they caused.
Why Choose Mitchell Law, PLLC, to Handle Your Truck Accident Case
Attorney Leroy Mitchell has over 15 years of public service experience in Houston. Over the years, he has relentlessly advocated for injury victims, helping them secure favorable settlements and trial awards through his determination and hard work.
At Mitchell Law, PLLC, your needs are our top priority. We tailor our approach to each case’s unique circumstances and each client’s goals. And we only get paid if we secure compensation for you, eliminating any conflict of interest regarding payment.
Common Causes of Truck Accidents in Houston
Understanding the common causes of truck accidents in Houston is crucial for seeking compensation. Once our lawyers determine how the accident occurred, we can identify and hold the liable parties accountable. Some of the most common causes include:
- Driver Negligence: Distracted, fatigued, and intoxicated truck drivers increase their odds of getting in an accident.
- Trucking Company Negligence: Trucking companies that promote speeding or other unsafe practices to save time and reduce costs put motorists and pedestrians in harm’s way.
- Cargo Loader Negligence: Cargo loaders who don’t properly secure cargo can be liable if shifting weight or falling items cause an accident.
- Maintenance Provider Negligence: Trucks that don’t receive proper maintenance may experience a higher rate of past failures, such as brake failures.
- Poor Road Conditions: Poorly maintained roads, such as those with large potholes or faded road lines, can contribute to truck accidents. Government entities are typically responsible for road maintenance.
Compensation Available to Truck Accident Victims
Truck accident victims can seek various forms of compensation through lawsuits against the parties liable for their injuries:
- Medical Expenses: This compensation covers past and future medical treatments, surgeries, physical therapy, and other medical expenses.
- Lost Wages: This compensation covers the past and future wages you lost or will lose because of your injuries.
- Disability: This compensation covers accommodations for disabilities suffered in the accident, such as making your home or vehicle accessible.
- Pain and Suffering: This compensation is for the physical pain and emotional suffering you experience due to your injuries.
- Loss of Consortium: If your injuries impact your marital relationship, your spouse can seek compensation for loss of consortium.
- Funeral and Burial Costs: If your loved one died as a result of injuries suffered in a truck accident, you can seek compensation for funeral and burial costs through a wrongful death lawsuit.
It’s important to remember that Texas uses a proportionate responsibility rule when determining liability. Under this rule, the compensation an injured party obtains will be reduced in proportion to their percentage of responsibility for the crash. They cannot seek compensation at all if their share of responsibility exceeds 50 percent.
State and Federal Trucking Regulations
Commercial truck accidents are often complex. They typically involve multiple parties, severe injuries, and both state and federal laws. It’s vital that you work with an experienced attorney who can use their knowledge of these laws to secure the compensation you need.
Texas Size and Weight Regulations for Trucks
Unless a truck driver has a special permit, their vehicle and cargo cannot be more than 8’6” wide and 14’ tall on Texas roads. The maximum length of the vehicle depends on its type. For semi-trucks, the maximum length is 59’.
Federal Hours of Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours a truck driver can be on the road to prevent fatigued driving. For example, a trucker can only drive for 11 hours after ten or more consecutive hours off duty.
Federal Cargo Securement Regulations
The FMCSA has varying regulations on properly securing cargo, depending on the type of truck used and the cargo carried. There are both general securement and cargo-specific regulations, such as those for logs, automobiles, and concrete pipes.
Proving Liability in a Houston Truck Accident Case
To prove liability in truck accident cases, we use various types of evidence, including:
- Eyewitness Statements: Eyewitnesses can corroborate your version of events or provide additional information about the crash.
- Expert Testimony: Trucking industry, medical, and crash reconstruction experts can strengthen your case by testifying on specific aspects of it.
- Accident Scene Photographs: Photos from the accident scene showing the damaged vehicles, skid marks on the road, and relevant traffic signs and signals can help our lawyers prove liability.
- Traffic Camera Footage: If the accident occurred at an intersection, a traffic camera may have captured it or the events leading up to it. This footage is often a critical piece of evidence.
- Truck Log Book Entries: By combing through the truck’s log book entries, our team can determine if the driver violated the FMCSA’s hours of service regulations.
Statute of Limitations for Truck Accident Lawsuits
Under Texas’s statute of limitations for personal injury cases, truck accident victims have two years to file lawsuits against the parties responsible for their injuries. You must file your lawsuit within this period or risk the courts barring you from recovering compensation. A skilled truck accident lawyer can assist you with filing your lawsuit on time.
Contact Our Houston Truck Accident Lawyer
If you were injured in a Houston truck accident, contact Mitchell Law, PLLC, for a free consultation with an experienced injury lawyer. During your initial consultation, we’ll review your case, help you understand your rights as an injury victim, and explain your options for seeking the compensation you deserve.