Why You Need A Houston Truck Accident Lawyer

What happens when a truck weighing 30,000 pounds crashes into a car barely weighing 4,000 pounds?

Nothing good!

You’re lucky to be able to even answer this question right now if you’ve been in a truck accident.

If you’ve seen some pictures of the aftermath of a truck accident, you know how cars get wrecked so bad that they barely even look like cars anymore.

Nearly 70% of fatalities involved in truck accidents are drivers and passengers of other vehicles.

There’s a chance you may walk away with a few bumps and bruises in a car accident. Unfortunately, being in a truck wreck is truly a coin flip with your life at stake. Severe injuries and fatalities are extremely common in such cases.

Don’t expect your road to recovery to be free of speed bumps either. Trucking companies have a ruthless team of insurers and lawyers who’ll do whatever it takes to delay, underpay, or deny your claim. Maybe they’ve already reached out to you to manipulate you to settle on their terms. They know how most victims are stressed, confused, and have no idea about their legal rights.

Texas laws are your shield and an experienced truck accident lawyer can be your sword.

You need an attorney who can act quickly – for the sake of your recovery and well-being. Someone who is compassionate enough to take care of your medical expenses and knowledgeable enough about the inner workings of the trucking industry.

At Wyly & Cook, our team of experienced truck accident lawyers will investigate your accident, gather evidence, file your claim, negotiate with insurers, and take your case to trial if necessary.

Finding the Right Truck Accident Attorney

Believe it or not, but the quality of your legal representation is as important as your evidence. You may have all the evidence you need to demand fair compensation, but still lose your claim.

That’s because the legal process needs a lot of hands-on experience to navigate. And when there are all kinds of forces obstructing your path to compensation, you need to hire a lawyer who can get you the best possible settlement.

Here are FIVE essential questions to ask before you hire a truck accident lawyer to fight for your claim:

What is Their Area of Focus?

You can’t expect an experienced divorce lawyer to be as competent as a lawyer who focuses on truck accident injury lawsuits.

It’s like comparing apples and oranges.

Even car accident cases can be quite different from the way truck accident cases are handled.

You need a lawyer with hands-on experience investigating such accidents, determining fault, reviewing maintenance and inspection reports, and dealing with the tricks of insurers and lawyers of liable parties.

What is Their Reputation?

Every case is unique, but the quality of legal representation you hire should always be consistent.

The best way to judge it is not to take their word, but to take the word of their clients. Are their clients happy with their services? How impressive do the settlements look for cases similar to yours?

It’s good to quickly review their website testimonials and check their Google Business reviews. You’re instantly at an advantage hiring a truck accident lawyer who is respected by other lawyers, judges, and citizens in Texas.

How Effective Are Their Negotiation Skills?

95% of personal injury lawsuits are settled without going for a trial. Either way, you need a lawyer who can play hardball when insurers and lawyers try to lowball you.

An experienced truck accident lawyer will be able to minimize your liability and maximize your compensation.

How Comfortable Do They Make You Feel?

You’ll be surprised at how good lawyers can almost make you feel like they’re a therapist.

They should know how stressful it is for a truck accident victim to even dig up their number and call them. So they should be as responsive and compassionate as possible.

At Wyly & Cook, we build our relationships by prioritizing what our client needs at every stage of their recovery.

Our first priority is to cover the urgent medical care you need to recover while we work on recovering more damages.

Our aim is to take away the stress of building a case completely off your shoulders.

Can You Afford Their Fees?

Most injured victims throw away the chance to make a claim even if they’re entitled to it. Why? Because they fear adding another financial burden on top of the mountain of bills accumulating after their injury.

However, most accident injury lawyers only demand a contingency fee, which means they get a fixed percentage of your settlement ONLY AFTER YOU WIN.

That’s right. You only pay when you win! That’s why it pays to get an experienced truck accident lawyer as early as possible.

You can hire our team of experienced truck accident lawyers here at Wyly & Cook for a contingency fee too. Our team loves going the extra mile to help injured victims get back on their feet again. We offer a FREE case review to let you know upfront what your case is worth.

Here’s How Your Truck Accident Lawyer Can Help You

Reaching out to an experienced Houston truck accident lawyer is probably the first and only step you need to take after an accident.

Here’s how your lawyer will take care of your claim while you peacefully reclaim your health:

Identifying All Liable Parties – There could be a number of parties liable for your truck accident, such as the vehicle driver, owner of the vehicle, the maintenance crew, or cargo loaders.

Your lawyer will conduct a thorough investigation to determine how much fault lies with each party. It’ll help them demand the right compensation from each party.

Negotiating with Liable Parties – As you can see, you may not be dealing with just a single liable party. The more liable parties, the greater number of insurers and lawyers are likely to be involved. You need a truck accident lawyer who can read through their tactics and negotiate the best settlement possible for you.

Hiring Experts – When you hire a truck accident lawyer, you’re also hiring their rich network of experts who will help build your claim. For instance, an accident reconstruction expert can play a critical role in providing accurate and detailed evidence of the accident.

Highlighting Federal Trucking Violations – A lot of accidents can be traced to trucking companies failing to follow federal trucking regulations. Your truck accident lawyer can review trucking logs to prove their negligence played a role in the accident.

Gathering Evidence – You need strong evidence to prove both liability and the severity of your damages. There’s no such thing as too much evidence.

They will review your medical expenses, lost wages, property damages, accident reports, the truck’s black box information, driver’s blood alcohol reports, eyewitness statements, etc.

Compensation in Texas Truck Accidents

Here are the most common types of compensation you can seek if you’ve been involved in a truck accident:

• Medical expenses
• Loss of earnings
• Damages to your vehicle and other private property
• Temporarily or permanently affecting your ability to work
• Physical scars and disfigurement.
• Mental anguish
• Any disabilities
• Wrongful death

Truck accidents are probably followed by more wrongful death claims than any other accident injury lawsuits.

If you’ve lost a loved one in a fatal car accident, you may be able to file a wrongful death claim. It can be filed by the victim’s parent, spouse, or child in the state of Texas.

You can seek compensation for losses related to the victim’s lost income, lost companionship and support, lost inheritance, and emotional pain and suffering. The damages awarded by the court are distributed between family members based on the degree of injury they suffered.

Liability in Truck Accident Cases

Commercial truck drivers owe their fellow drivers a great duty of handling their vehicles sensitively. One little lapse of judgment or careless driving can lead to disaster for dozens of cars sharing the road.

Here are some of the parties you can hold liable for your truck accident injuries:

Truck Driver

The driver’s negligence is usually the most obvious cause of a truck accident. Maybe the driver ran a stop sign, changed lanes recklessly, got distracted by their phone, or got behind the wheel while they were intoxicated or tired.

It’s possible they may be the only party to be held liable for your injuries and damages after all evidence is reviewed.

Trucking Company

It’s possible the trucking company that hired the truck driver had a hidden hand in your accident. But they’re more likely to get away with it unless you have an experienced lawyer on your team to expose their hand.

You can hold these companies liable for:

• Inadequate truck inspections
• Violating vehicle safety guidelines
• Pushing their employees to take up long and exhausting driving trips to meet deadlines
• Failing to conduct regular maintenance work
• Hiring unlicensed drivers
• Using faulty equipment

Truck Owner

It’s possible the truck is not owned by either the driver or the trucking company. If the owner fails to conduct regular truck inspections and maintenance, they may be held liable for the accident too.

If anything goes wrong with the truck’s brakes, vehicle fluids, tires, or engine, it could lead to a devastating accident. That’s why federal regulations have clear guidelines for inspecting and maintaining trucks efficiently.

Maintenance Shop

It’s possible that the driver, owner, and trucking company has regularly sent their vehicles for maintenance. So when a malfunction happens despite that, you need to investigate the role of the maintenance crew working on the truck.

You can hold them liable for any negligent maintenance and repair work that could’ve triggered your accident. Your attorney can request for their service records to assess if they shared fault for the accident.

Cargo Loaders

Overloading or dangerous cargo is another common cause of truck accidents. There are clear federal regulations highlighting cargo safety guidelines.

If you’ve been injured because of a truck’s cargo, you may hold the loaders liable if:

• They negligently added more cargo than the permitted limit
• They loaded dangerous substances onto the truck without fully inspecting it
• Failing to secure the cargo properly

Manufacturers

A defective part like poor quality tires, faulty brakes, or jammed steering can trigger a disaster on the road. You can seek compensation from the manufacturer of the defective part, which led to your truck accident.

Most accident victims will be stuck just trying to prove liability with so many parties involved. They’ll either be pointing the finger at you or each other to avoid paying any damages. An experienced truck accident lawyer will be able to point out the exact violations and degree of liability for each party involved.

Federal Motor Carrier Safety Administration (FMCSA) Laws and Regulations

The Federal Motor Carrier Safety Administration (FMCSA) is an agency that regulates commercial interstate driving safety. It lays down specific regulations for drivers, commercial vehicles, vehicle parts, licenses, and cargo transportation, such as:

• The training required by truck drivers
• Cargo guidelines
• Maximum driving hour limits for drivers
• Blood alcohol concentration limit for truck drivers
• Setting limits for the truck’s design
• Truck maintenance rules

Trucking companies are supposed to abide by these regulations. But they may try to take advantage of your lack of awareness and hide their liability.

Fortunately, your truck accident lawyer is well aware of FMCSA regulations, and will know exactly when the party at fault has violated them.

The Truck Accident Claims Process

Believe it or not, the foundation for your injury claim begins the very second your vehicle collided with the truck.

Here are the 10 steps involved in building an effective truck accident injury claim:

1. Call 911 – You 911 dispatcher will instantly patch your call to the local police department and send emergency services simultaneously. The police will file a detailed accident report of the accident scene and all the parties involved, along with eyewitness statements. It will hold a lot of value in court since it’s coming from a trusted neutral authority. They’ll also ensure you and any other injured persons get urgent medical care.
2. Document the accident scene – Take as many pictures and videos of the vehicles of your injuries, the involved in the car crash, and the scene of the accident. Exchange insurance information with the drivers involved and take down the contact information of witnesses. However, you should only do this if you’ve not sustained any serious injuries. Don’t walk into traffic risking your life to collect evidence.
3. Seek medical attention – Get a medical check-up done right after your accident even if you’ve not sustained any serious injuries. Some injuries like internal bleeding and concussions may not be so obvious at first, but it could prove fatal later. It’s also important to support your claim with an official paper trail of your medical diagnosis and treatment. If you delay getting medical care, the insurance companies representing liable parties can argue that your injuries were worsened by your negligence.
4. Get an appraisal for your damaged vehicle – Don’t get your car repaired right away at a body shop. Get your vehicle appraised by them first. Your claim must be backed up by an authentic repair estimate provided by professionals. They’ll also ensure there are no hidden damages that could turn out to be a problem later. Once you’ve cleared these details with your insurer, you can allow the body shop to fix your car.
5. Mind what you share – A car accident is a stressful situation, but you need a cool ahead for your claim to succeed. Don’t be eager to share details on your social media accounts or fall for the sweet talk and threats of insurers. They’re hunting for any statement that can be used to push liability onto your shoulders. It’s their job to secure their profits by choking your payouts. Remember – you’re not obligated to directly respond to them. It’s best to have an experienced truck accident lawyer get on the call and negotiate your claim as early as possible. You can simply share their name and contact details with the insurance agent who contacts you.

6. Hire a truck accident lawyer – It’s already challenging to go through a stressful healing process after your accident. Taking on a complicated legal and insurance process alone could be biting off more than you can chew. An experienced Houston truck accident lawyer will take this burden off your shoulders so that you can exclusively focus on your recovery. An accident victim is the heart of a strong claim while a lawyer is the mind behind it. Your lawyer will take care of every step involving all kinds of authorities and liable parties. At the same time, they’ll be planning ten steps ahead to get you compensated for your injuries, property damage, lost wages, and pain and suffering.

7. Investigation – Now that you have a truck accident lawyer by your side, they’ll get down to the most important part of this process – leading a thorough investigation and gathering evidence. Here’s what your lawyer will cover:

• Reviewing your accident report filed by the police.
• Gathering all medical records
• Hiring private investigators to establish liability of other parties
• Appointing accident reconstruction experts to revisit the accident scene
• Gathering all your medical expenses and property repair bills
• Communicating and negotiating with insurance agents
• Reaching out to eyewitnesses to get their statements on record
• Sourcing any traffic camera evidence capturing the accident
• Identifying the federal regulations violated by the liable parties
• Coaching you to provide accurate statements that cannot direct any liability towards you
• Demanding and investigating any other documents from liable parties or relevant authorities

8. Sending a demand letter – Your lawyer will make an estimate of the damages owed to you after reviewing all evidence and liability. Now they’ll send a personal injury demand letter to the liable party’s insurance company requesting fair compensation.Your lawyer will put down a specific amount that will cover your losses and help you smoothly recover. The parties at fault will only be freed from any further liability if they agree to the specific demands outlined in your letter.

9. Negotiating a settlement – The insurers and lawyers of the liable parties will evaluate the evidence and your demand letter. Based on their evaluation, here are a few possible steps they can take:

• Accepting your offer and settling your claim
• Sharing a counter-offer and negotiating the amount with your lawyer.  This process may go back and forth quite a few times as both parties will try their best to get their clients a better deal. Both parties can proceed with a settlement only after the agree on the compensation amount and terms.

10. Taking your case to trial – 95% of personal injury lawsuits are settled outside of court. However, you can file a lawsuit if all negotiations fail and the liable party refuses to fulfill your list of demands.

Your truck accident lawyer will proceed to file a case, present the evidence, and represent you at all court hearings. A judge or jury will eventually determine the compensation amount after evaluating all the details.

Damages in Truck Accidents

You can challenge all kind of laws – except the laws of Physics. When speed and size are working against you, the consequences can be aware.

What are the chances of a 3,000-pound car crashing into a massive 40,000-pound big rig coming out unharmed? Not good.

Truck accidents have some of the highest fatality and severe injury rates compared to car accidents.

Losing a loved one and facing a severe injury can be traumatizing and devastating to deal with. And we’re not even talking about the financial nightmare and legal burden that follows an accident yet.

So count your lucky stars if you’ve walked away with a few bumps and bruises after a truck accident.

Here are the most common types of compensation you can seek if you’ve been involved in a truck accident:

• Medical expenses
• Loss of earnings
• Damages to your vehicle and other private property
• Temporarily or permanently affecting your ability to work
• Physical scars and disfigurement.
• Mental anguish
• Any disabilities
• Wrongful death

We know that nothing can truly compensate for the suffering and loss you may face after your truck accident. But what we aim for is to ensure you don’t ever have to wonder “What do I do? Who do I turn to? How do I make ends meet?” while you recover. Our experienced truck accident lawyers here at Wyly & Cook will keep you financially afloat and get the justice you deserve.

You might be wondering what to do, where to turn, and how you’re going to make ends meet. Unfortunately, no amount of money will bring your loved one back. But compensation can help you keep your family afloat financially and provide a sense of closure and justice.

If you’ve lost a family member, we’ll help you file a wrongful death claim to get you compensated for the following damages:

• Cost of medical treatment before the deceased passed away
• Loss of financial support
• Funeral expenses
• Loss of future earnings
• Loss of inheritance
• Pain and suffering
• Loss of support and companionship
• Punitive damages to punish the defendant for exceptional levels of recklessness

Texas relies on a comparative fault system to establish liability. So if you share part of the responsibility for the accident, it will weaken your compensation claim. Your compensation directly depends on the degree of liability.

Frequently Asked Questions

What makes truck accidents different from other types of accidents?

Why is it important to hire a truck accident attorney?

What compensation is available in Texas truck accidents?

What are some challenges in determining liability in truck accident cases?

What is the FMCSA (Federal Motor Carrier Safety Administration)?

What damages may be assessed in truck accidents?

How do most personal injury lawyers charge for their services?