Truck Accident Attorney in Houston Fighting for Your Recovery
If you were struck by an 18-wheeler, we understand your world may be forever changed in an instant. Whether it was on I-45 during rush hour, a feeder road, a two-lane country road, or even a parking lot, massive commercial trucks can cause major damages when they crunch a passenger car. You may be facing significant injury, large medical expenses, all made worse by aggressive attempts by the trucking company (and its insurance carrier) to minimize what they pay you. At the Wyly & Cook Law Firm, we represent clients injured in truck accidents throughout Texas and the Houston area, including the Energy Corridor, the Medical Center, and surrounding areas. We understand how to hold trucking carriers accountable for the harm they may inflict upon others.
Injured in a Truck Accident?
We’ll Go Beyond to Get You Back
Get Compensated For Your Injuries & Damages! Call Us For A FREE Case Review. Call Us For A FREE & Confidential Case Review Today!
How Truck Crashes Differ From Automobile Crashes
Truck crashes aren’t the same as other automobile crashes. A fully loaded 18-wheeler may weigh approximately 80,000 pounds—40 tons! When that amount of weight strikes your vehicle, it is like being struck by a herd of elephants, if the elephants were made of steel. The impact can be catastrophic. We have represented clients in numerous crashes involving 18-wheelers on highways such as the Katy Freeway, Northwest Freeway (Highway 290), and the Sam Houston Parkway. Injuries suffered in truck crashes are often severe: spinal cord damage, traumatic brain injuries, fractures, damaged internal organs, even death.
Trucking companies also know this. They tend to follow a playbook after a crash: immediately sending “investigators,” or even lawyers, to collect evidence that can be used to blame the victim for the crash. (Even if the carrier’s employee was distracted, fatigued, or just plain reckless.) In the employ of the motor carrier or its insurer, these investigators are not neutral, there to find out the cause of the crash. They are sent out to collect favorable evidence and may “overlook” evidence that tends to show the trucking company or its driver caused the crash. The carrier hopes that time will make any evidence it doesn’t like disappear. Therefore, you need an experienced trucking accident lawyer in Houston who acts with equal urgency.
Therefore, you need an experienced trucking accident lawyer in Houston who acts with equal urgency.
What We Do After Your Crash
Within the initial 48 hours post-crash, evidence will begin to disappear. Trucking companies are required to maintain certain driver activity logs and maintenance records for specified periods, and trucks may also contain electronic data relevant to a crash. Prompt action can help preserve evidence before applicable retention periods expire or other relevant data is lost. We can send investigators to the crash site, secure photographs of tire tracks, electronic log downloads, and collect witness statements before time leads to memory loss.
We represent clients involved in all types of truck accidents, from jackknife wrecks resulting from poor road conditions; underride wrecks in which automobiles pass beneath trailers; rollover wrecks due to overloading of cargo; blind spot wrecks occurring in construction zones located on Interstate 10; to wrecks created by wide turns made by semi-trucks at intersections adjacent to the Port of Houston. Each of these scenarios creates different evidentiary requirements and necessitates consultation with different experts.
Trucking Accident Investigation Services
Our investigation includes far more information than what appears in a police report. Police officers usually do not have sufficient time to examine federal trucking regulations or review electronic control module data. We conduct investigations based on potential hours-of-service violations, any applicable post-accident drug or alcohol testing requirements, and/or required vehicle inspections.
We determine if the driver is operating for multiple employers so as to circumvent applicable rest requirements. Finally, we verify if there exist previous safety infractions associated with the subject motor carrier as documented by the Federal Motor Carrier Safety Administration.
These investigative activities take both time and money. We can retain accident reconstructionists who are able to demonstrate precisely how the collision occurred, and create visualisations of the crash for a jury. We can also retain experts with experience in the trucking industry who interpret federal regulations for jurors. Additionally, we consult with medical professionals who predict your potential medical treatment requirements going forward. We typically advance the costs of these services for your claim, subject to the terms of our written fee agreement.
Truck Company Liability
Can a trucking company avoid responsibility by claiming that the driver who caused the crash was an independent contractor?
“A trucking company typically cannot avoid liability by claiming that its driver is an independent contractor. The reason for that is trucking companies typically enter into leases with their drivers, which are known as owner-operator leases.
Under federal law, the trucking company is deemed to be responsible for the operation of the truck if it’s under any of these leases. What that means is that the trucking company can be held liable if their driver is negligent. They are what’s called a statutory employer, which imposes very broad liability on the trucking company.
Even if they can show that this person is an independent contractor, you can still hold the trucking company liable for negligently retaining, supervising, training, or basically allowing this driver to operate their vehicle.”
Truck Driver Negligence Claims
Many 18-wheeler collisions occur as a result of some form of driving negligence by the truck operator. We investigate and develop evidence relevant to proving that claim. Negligence examples include: speeding through construction zones on the 610 Loop; operating at excessive speeds despite heavy rain or storms; failing to make sure the lane is clear before changing lanes on a freeway; not watching out for pedestrians in Midtown or Galleria districts; or running stop signs or red lights because of a distraction in the cab.
Under federal regulations, commercial operators are bound to adhere to specific protocols. Commercial operators subject to the federal property-carrying hours-of-service rule generally may drive no more than eleven hours after ten consecutive hours off duty and within the applicable fourteen-hour driving window. Commercial operators that are subject to federal requirements generally must maintain required driving and duty records. Commercial operators must inspect their equipment before departing on each journey. When drivers ignore these requirements, or are instructed to disregard them, serious personal injuries can occur. We seek remedies against those responsible for violating these regulations.
Liability Associated with Negligent Conduct by Carriers
The driver may not be the only party responsible for the harm. Federal law requires that interstate carriers be vicariously liable for their drivers; that means that the company must pay for the harms the driver’s negligence caused. But sometimes, the company itself is negligent. This can happen when carriers cut corners, like trying to increase profits by pressuring their drivers to achieve unrealistic deadlines. Carriers also try to increase profits by not properly maintaining their equipment, both to save money on mechanics, parts, and repairs, but also to avoid downtime for routine maintenance. Sometimes carriers hire unqualified and unsafe drivers simply because they are less expensive.
In Texas, a plaintiff may be able to pursue claims against a carrier directly for these violations, depending on the facts. A Wyly & Cook lawyer can evaluate the carrier’s conduct to determine if a direct claim against the carrier is warranted.
Claims Arising from Improper Cargo Loading
Improperly loaded cargo results in tragic consequences. Cargo shifting in transit results in rollover wrecks. Loose cargo can even fall onto other vehicles. Trucks overloaded beyond regulatory limits cannot stop safely, resulting in crashes. Parties involved in cargo loading, such as shipping companies and loading companies, as well as the trucking companies hauling the load, may share liability if their conduct contributed to the loading errors that caused a collision.
When improper loading is suspected to have contributed to a crash, we can evaluate how the cargo was loaded, as well as who loaded it, and under what circumstances. Cargo loading cases are subject to complicated legal rules about when shippers, loaders, or carriers may be responsible for negligently loaded cargo. We can then determine who may be responsible and against whom a successful legal claim can be made.
We Represent People Involved in Commercial Vehicle Collisions
Our firm represents clients involved in crashes with all forms of commercial vehicles, not merely 18-wheelers. This includes delivery trucks, dump trucks/concrete mixer trucks/tanker trucks/garbage trucks/tow trucks/box trucks, etc. Each of these vehicle types presents unique dangers. For example, Amazon delivery personnel operate at a frantic pace so as to meet productivity expectations. Construction dump trucks carry unsecured loads. Hazardous materials carried by tanker trucks pose a danger to residents living in nearby neighborhoods such as the heights/montrose district.
Commercial drivers must possess the appropriate specialized license to operate commercial vehicles that meet Texas CDL requirements. Commercial drivers are held to stricter standards than non-commercial drivers. As a result, when commercial drivers are involved in collisions, they are treated differently under the law than non-commercial drivers. We understand these laws thoroughly.
Semi-Truck Crash Legal Services
Many times, semi-truck wrecks involve more than one party responsible for creating the wreck. For example, the driver of the semi-truck may have been negligent, let’s say for failing to stop at a stop sign. The trucker’s employer may be directly responsible too, perhaps by requiring the driver to exceed federal driving-time limits. The shipper may also be responsible, for example, by assuming responsibility for loading the truck safely but overloading it instead, such that it can’t slow down the way it should. Another possible party could be a maintenance company hired by the carrier to service the brakes on the semi-truck that didn’t properly do so.
By investigating and identifying the parties responsible for creating the wreck, we can file claims against everyone responsible for causing your injuries.
18-Wheeler Accident Attorneys
The larger the size of a truck involved in a collision, the more devastating your injuries may be. Permanent disability resulting from being hit by an 18-wheeler is all too common. A truck wreck can lead to lengthy hospitalization; extensive rehabilitation; and can even end careers and disrupt families. Full compensation for such extreme losses is our goal.
We take a comprehensive approach to evaluating damages. We do not simply total your present medical charges that were incurred as a result of your injuries. If you need future care, we consult with life care planners to forecast your potential ongoing medical requirements. We can consult with vocational experts regarding your probable diminished ability to earn income. We visit with you, your family, and your friends or neighbors to assess your physical pain and emotional suffering, the disruption caused to your daily life, and the limits of your ability to enjoy your life following the crash. We can have experts evaluate costs related to modifying your home or vehicle to accommodate any disabilities caused by the crash. We want a complete picture of what it will take to put you back to how you were before the crash and to fully compensate you for any ways you cannot be made whole.
Large Truck Collision Legal Help
Insurance companies have lawyers on board as soon as you file your claim. So should you. Many large trucking companies may carry substantial liability coverage, but the amount of available insurance depends on the carrier, cargo, applicable regulations, and the limits purchased by the carrier. However, no matter the amount available, they would rather not spend a dime. They will try to convince you that you were the cause of the accident. They will tell you that your injuries aren’t from the crash, and if they are, they aren’t as serious as you claim. They may even try to make you an offer to settle quickly, before the extent of your injuries and the severity of the trucker’s misconduct is known.
It is important to seriously consider speaking with a lawyer before giving a recorded statement or signing documents for the other party’s insurer. If your own insurer requests information, review your policy obligations before refusing to respond. These companies can turn your own words into evidence against you. They are trained to get you to state something that hurts your case. Remember the warning we’ve all heard on every police show: “Anything you say can and will be used against you in a court of law…” Call us first, and let us do the talking for you.
Injured in a Truck Accident?
We’ll Go Beyond to Get You Back
Get Compensated For Your Injuries & Damages! Call Us For A FREE Case Review. Call Us For A FREE & Confidential Case Review Today!What You Get When You Hire Us
You will receive a legal team that has experience representing trucking accident victims with varying injuries throughout Texas. You will receive lawyers who are able to take the matter to court when the insurance company refuses to negotiate in good faith. You will receive a law firm that treats you like family and not just a case number.
We come to you anywhere that works for you. A hospital room, your home, or our office located on the 610 Loop. We will clearly explain everything to you. We will answer your phone calls or return them, usually within the same day. We will keep you informed of what’s going on with your case. We will never settle your case without your approval.
Our Fee Structure
You will pay no fee unless we obtain a recovery for your case. No up-front costs. No hourly billing. No hidden charges. Our fee structure is based on contingency; therefore, we only collect a fee when you collect. If we lose your case, then you will owe us nothing.
This allows you to focus on healing, while using your income for your family’s needs, not your lawyers. This also gives even the poorest injury victims the ability to hire the same experienced, quality attorneys, and receive the same representation as the wealthiest ones. You will receive experienced attorneys, expert witnesses, and a complete investigation of your case. Because we believe in your case, we will invest our money in it.
How Houston Trucking Cases Work
Many trucking accident cases settle prior to going to trial. Once we have gathered sufficient evidence, most often the parties recognize they’re in a position to evaluate liability, damages, and the possibility of settlement. Some cases may go to trial. Regardless of which route we choose to pursue, we are prepared either way. We have litigated cases in Harris County Courts, Fort Bend County Courts, Montgomery County Courts, as well as courts all across Texas.
It may take several months (or even longer) to prepare a solid case for trial. This is due to the fact that it can take a considerable amount of time for your medical condition to become stable, to investigate the accident, and to determine the full extent of the liability of the other parties. With serious injuries, your medical treatment could last over a year. While we want to move quickly, we will not unnecessarily rush your case. Depending on the circumstances and applicable deadlines, we may wait until your medical condition and future treatment needs are better understood before requesting compensation for your damages.
Some Frequently Asked Questions Following A Truck Crash
People like yourself frequently inquire as to how long their case will take; This can depend on circumstances, such as the nature and severity of your injuries and how cooperative the insurance company is. Sometimes errors by the court can prolong a case even when the parties are pursuing it diligently. Some cases may resolve within 6 months, but then more complex cases may require years.
Additionally, some may also inquire as to the value of their case. As each case is unique unto itself, there is no single answer for how much a case is worth. We evaluate your case by determining the total cost of your medical treatments, other related expenses, lost wages, estimated costs of your future care needs, as well as compensation for any pain and suffering associated with your injuries, any impairment of your body from the injury, as well as any loss of enjoyment of life or disfigurement you may have suffered. We also consider whether the company’s conduct may support a separate claim for exemplary damages based on gross negligence. We have successfully litigated a full range of cases, from minor soft-tissue claims, up to and including cases that have resulted in multi-million dollar settlements.
The question as to whether you truly need to retain an attorney… We won’t sugarcoat that the answer depends on your circumstances, but retaining an attorney may truly help protect your interests in a complicated trucking accident. As previously stated, trucking companies employ lawyers representing their interests, often from the moment they learn about the crash. Therefore, it is important that you consider retaining an attorney to protect YOUR interest(s), because an attorney can help investigate, evaluate potential sources of liability, insurance coverage, document damages, and efficiently communicate with the parties involved in your claim.
Please view our FAQ below for more answers.
Areas We Serve Throughout Houston
We represent victims involved in trucking accidents throughout Texas, with a focus on the Houston Metropolitan area. Specifically, Downtown Houston; the Energy Corridor; the Medical Center; Midtown; Montrose; the Heights; Galleria; Greenspoint; Clear Lake; Sugar Land; Katy; Pearland; The Woodlands; Spring; Cypress; Humble, and surrounding areas. If your collision occurred anywhere in Texas, we can assist you. If it occurred in Houston, we likely know the place where it happened.
Taking the First Step
Contact us today to schedule a complimentary consultation. Provide us with a detailed account of what transpired during your incident. If the police investigated the crash and you have a copy of the police report, you can bring it; however, we can easily obtain it for you if you don’t have it. Please provide us with any available copies of your medical reports and/or photographs depicting your injuries and vehicle damage; however, we can (and likely will) gather this information ourselves to make sure it is in the proper legally admissible form.
Your initial consultation will be provided to you at no charge/expense whatsoever. At the conclusion of your consultation, you will not incur any obligation; nor be charged a fee for our services. Based upon the information you present, we will informally advise you whether we believe you have a viable case and our thoughts about it. Should we elect to take on your case, and you agree to retain us, we will begin actively pursuing the case on your behalf immediately. Conversely, should we conclude that we cannot assist you with your claim, we will try to refer you to another attorney who can assist you, or at least explain why finding a lawyer may be difficult for your claim.
However, please do not delay contacting us regarding filing a claim. In Texas, generally speaking, you have two years after a personal injury claim accrues, which in a typical motor vehicle collision is the date of the crash, to file suit; however, limited exceptions may affect that deadline.
Evidence can disappear over time. Witnesses can forget important details regarding incidents that occurred weeks or months earlier. Insurance companies tend to become increasingly resistant in negotiating fair settlements as time progresses. By contacting us promptly after your incident, you can ensure that your case remains strong.
We know you did not intend for this collision or these injuries to occur; depending on the facts, you may have the right to pursue compensation from the parties legally responsible for the pain you’ve endured. You deserve a legal team committed to advocating on your behalf. Contact Wyly & Cook Law Firm today and allow us to begin constructing your trucking accident case.
Frequently Asked Questions
Why is it important to hire a Houston truck accident lawyer?
Hiring a Houston truck accident lawyer can be important because they have extensive experience in Texas trucking laws and can effectively navigate the complexities of liability, ultimately helping to ensure the facts of your case are effectively understood by the court. Please contact us for more information on how we may be able to help you based upon the facts of your case.
What steps should I take immediately after a truck accident?
If you were involved in a truck wreck, you should get prompt medical treatment. If you are safely able and you haven’t already taken photos at the location of the crash, then take some. Get the names and addresses of all parties who were involved. Contact an attorney to help protect your interests and also to collect any additional evidence that might be helpful.
What are the typical causes of truck accidents in Houston?
Some typical causes of truck wrecks in Houston that we see are fatigued driving, distracted driving, and poor maintenance of vehicles. Therefore, addressing those problems is key to making our roadways safer.
What types of compensation can truck accident victims pursue?
Victims of truck wrecks may be entitled to recover money for their economic losses (medical bills and lost income are the most common, but other economic losses may be possible) and their non-economic harms (physical pain, mental anguish, physical impairment, disfigurement). In some extreme circumstances, exemplary damages (sometimes called punitive damages) may be available, depending on the facts of your case and whether Texas law requirements are satisfied. Knowing all of the ways a victim of a truck wreck may be able to recover money is very important.
How can a Houston truck accident attorney help me?
A Houston truck accident attorney can greatly assist you by negotiating with insurance companies, representing you in court if necessary, and managing your medical expenses and liens until you obtain your final settlement. Depending on your case facts, the support that a truck accident attorney provides can be vital in allowing you to secure the fair amount of money that you deserve for your injuries.
