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Louisiana Police Locate Truck Driver Who Hit 4-Year-Old

Bogalusa authorities have found an alleged hit-and-run truck driver who struck a 4-year-old on Mardi Gras Day.

About the Bogalusa Hit-and-Run

According to WWL-TV, 4-year-old Kenjyrien Pigott was riding his bike with his 6-year-old brother near the intersection of Avenue D and W 6th Street when he was struck by an 18-wheeler. The driver of the truck continued driving after the accident, leaving the scene of the accident.

Witnesses at the scene, including Kenjyrien’s grandmother, contacted authorities, and Kenjyrien was rushed to Children’s Hospital in New Orleans for emergency surgery. He had suffered a broken right leg and two fractures in his pelvis.

Bogalusa authorities spent days trying to locate the hit-and-run driver, using surveillance footage from a nearby home and a nearby hospital to develop a description of the truck. Finally, on Friday, the hit and run driver was located.

The driver contends that he was not aware of hitting anything. The incident remains under investigation.

National Trucking Accident Statistics

  • The National Highway Traffic Safety Administration (NHTSA) recorded 438,000 trucking accidents in the U.S. in 2014.
  • These accidents result in 3,903 deaths and 111,000 injuries.
  • Of those killed in trucking accidents:
    • 17 percent were occupants of large trucks
    • 73 percent were occupants of other vehicles
    • 10 percent were listed as nonoccupants, including bicyclists and pedestrians
  • Texas led the nation in trucking accident fatalities with 553 trucking-related deaths reported. California followed Texas with 300 recorded deaths.

Contact an Experienced Commercial Trucking Accident Attorney

If you or a loved one have suffered a serious injury after being involved in an 18-wheeler accident, contact Thomas J. Henry immediately. Our experienced commercial trucking injury attorneys are available to respond to semi-truck accidents at any hour, day or night. Our lawyers understand that the immediate acquisition of evidence is paramount to understanding how the accident occurred. We will take immediate action on your case.

Our firm has offices in Corpus ChristiSan AntonioAustin, and Houston, serving clients across Texas and nationwide. Remember, your choice does matter. Contact us today for a free legal consultation. Attorneys are available 24/7, nights and weekends.

 

Two Dead in Multi-Vehicle Trucking Accident Near Luling

Two people are dead following a crash that involved two 18-wheelers and two passenger cars late Thursday night.

Details of the Fatal Luling Trucking Accident

According to KSAT, the fatal crash occurred just before 11 pm on Interstate 10 at the San Marcos River Bridge.

The accident remains under investigation, but reports suggest at least one vehicle caught fire and that the bridge sustained damage. It is unclear which vehicles the decedents were occupying or whether other people were injured.

Eastbound traffic was diverted to TX 80 through Luling to US 183.

Texas Trucking Accident Statistics

  • The National Highway Traffic Safety Administration (NHTSA) recorded 438,000 trucking accidents in the U.S. in 2014.
  • These accidents result in 3,903 deaths and 111,000 injuries.
  • Of those killed in trucking accidents:
    • 17 percent were occupants of large trucks
    • 73 percent were occupants of other vehicles
    • 10 percent were listed as nonoccupants, including bicyclists and pedestrians
  • Texas led the nation in trucking accident fatalities with 553 trucking-related deaths reported. California followed Texas with 300 recorded deaths.

Contact an Experienced Commercial Trucking Accident Attorney

If you or a loved one have suffered a serious injury after being involved in an 18-wheeler accident, contact Thomas J. Henry immediately. Our experienced commercial trucking injury attorneys are available to respond to semi-truck accidents at any hour, day or night. Our lawyers understand that the immediate acquisition of evidence is paramount to understanding how the accident occurred. We will take immediate action on your case.

Our firm has offices in Corpus ChristiSan AntonioAustin, and Houston, serving clients across Texas and nationwide. Remember, your choice does matter. Contact us today for a free legal consultation. Attorneys are available 24/7, nights and weekends.

Three-Vehicle Trucking Accident Leaves One Dead in Houston

A trucking accident in Houston, Texas left one person dead early Thursday morning.

About the Houston Trucking Accident

According to the Houston Chronicle, the fatal crash occurred around 6:30 am at the intersection of Almeda and Reed. All lanes of Almeda were closed following the fatal crash.

A preliminary investigation suggests a Volvo was traveling northbound on Almeda when it crossed into the southbound lane and in front of an 18-wheeler. The semi struck the Volvo on its front and passenger side before continuing southbound and hitting a pickup.

The driver of the Volvo was killed in the collision. The driver of the 18-wheeler and the driver of the pickup were also injured in the collision.

Trucking Accident Statistics

  • The National Highway Traffic Safety Administration (NHTSA) recorded 438,000 trucking accidents in the U.S. in 2014.
  • These accidents result in 3,903 deaths and 111,000 injuries.
  • Of those killed in trucking accidents:
    • 17 percent were occupants of large trucks
    • 73 percent were occupants of other vehicles
    • 10 percent were listed as nonoccupants, including bicyclists and pedestrians
  • Texas led the nation in trucking accident fatalities with 553 trucking-related deaths reported. California followed Texas with 300 recorded deaths.

Contact an Experienced Texas Trucking Accident Attorney

Thomas J. Henry Injury Attorneys have handled a multitude of 18-wheeler accidents over the past two decades and continue to handle many of the largest 18-wheeler accident cases throughout the United States. Whether the company is small or large, our success is not an accident; it is because we understand how trucking companies operate. We represent clients/victims all over the country.

Thomas J. Henry Injury Attorneys are available to respond to trucking accidents at any hour, day or night. Our lawyers understand that the immediate acquisition, or acquiring, of evidence is paramount to understanding how the accident occurred. Remember, your choice does matter. Contact our offices – we are available 24/7, nights and weekends.

2 Dead After FedEx Truck Rear-End Car in San Antonio

Two people are dead following a tractor-trailer accident on San Antonio’s South Side.

Details of the Fatal San Antonio Trucking Accident

According to the San Antonio Express News, the fatal crash occurred on Interstate 35, just south of Loop 410 around 8 pm.

Officers say the car may have slowed down after missing an exit when it was rear-ended by a FedEx semi. The impact forced the car to the side of the road where it caught fire, killing both occupants.

One occupant has been identified as 22-year-old Christian Adam Vasquez. The other occupant has not yet been identified.

Texas Trucking Accident Statistics

  • The National Highway Traffic Safety Administration (NHTSA) recorded 438,000 trucking accidents in the U.S. in 2014.
  • These accidents result in 3,903 deaths and 111,000 injuries.
  • Of those killed in trucking accidents:
    • 17 percent were occupants of large trucks
    • 73 percent were occupants of other vehicles
    • 10 percent were listed as nonoccupants, including bicyclists and pedestrians
  • Texas led the nation in trucking accident fatalities with 553 trucking-related deaths reported. California followed Texas with 300 recorded deaths.

Contact an Experienced Trucking Accident Attorney

Thomas J. Henry Injury Attorneys have handled a multitude of 18-wheeler accidents over the past two decades and continue to handle many of the largest 18-wheeler accident cases throughout the United States. Whether the company is small or large, our success is not an accident; it is because we understand how trucking companies operate. We represent clients/victims all over the country.

Thomas J. Henry Injury Attorneys are available to respond to trucking accidents at any hour, day or night. Our lawyers understand that the immediate acquisition, or acquiring, of evidence is paramount to understanding how the accident occurred. Remember, your choice does matter. Contact our offices – we are available 24/7, nights and weekends.

 

The Driver Who Caused My Accident Had an Expired Commercial Driver’s License

In order to operate a commercial vehicle in Texas, a driver is required to obtain and maintain proper licensing as well as adhere to strict federal and state guidelines. If the commercial driver that caused your accident is not licensed or has allowed their license to expire, they should not have been on the road and your wreck should have never occurred.

What Are Some Regulations Commercial Drivers Are Required to Follow?

There are a number of federal trucking regulations and guidelines that commercial vehicle drivers must adhere to. These guidelines are meant to keep other drivers safe and are outlined in Title 49 of the Code of Federal Regulations.

Among those regulating commercial drivers licenses (CDLs) are:

  • Drivers must be 21 years of age or older to drive across state lines or operate a vehicle containing hazardous materials.
    • Texas truck drivers must be at least 18 years old to operate within state lines.
  • To be eligible for a CDL, drivers must have no prior disqualifying criminal offenses.
  • Prior to obtaining a CDL, drivers must test for and obtain a commercial learner’s permit (CLP) and hold it for 14 days.
  • In order to obtain a commercial learner’s permit, drivers must be cleared by a qualified medical examiner that they are physically able to operate a commercial vehicle.
  • For commercial motor vehicle operators, the blood alcohol content (BAC) limit is .04, compared to .08 for regular drivers.
  • Truck drivers are banned from using handheld mobile phones while driving. Trucking companies are prohibited from allowing or requiring drivers to use handheld devices while driving.
  • Drivers are prohibited from holding a CDL issued by more than one state or jurisdiction.

Who Else Can Be Held Accountable for My Trucking Accident?

If the driver in you commercial vehicle accident was not licensed or allowed their license to expire, you may also have a case against that driver’s employer. Trucking companies are generally responsible for the actions of their employees when their employees are acting as agents for the company. This includes verifying that their employees have proper licensing and certifications.

Employers may also be held liable for:

  • Negligent supervision
  • Negligent hiring practices
  • Failure to properly train drivers
  • Failure to maintain vehicle

Regardless of who we decide to sue, our experienced team of injury lawyers understands how large companies and corporations operate when an employee is involved in a serious automobile accident.

What Should I Do If I’ve Been Involved in a Commercial Vehicle Accident?

As a victim of a commercial vehicle accident, you have rights that require protection. Following an incident, there are certain steps you can take to help preserve evidence from your case and make sure you are taken care of physically.

  • Stop immediately after the crash and assess the situation
    • Check yourself and any passengers for injuries. Make sure it is safe to exit your vehicle before doing so.
  • Make the accident visible
    • Use your vehicle hazard lights, set out reflectors, or use road flares to signal to other motorists that they are approaching a crash scene.
  • Notify the police
    • Contact the police or call 911 if there is an emergency. Filing a police report is an important step in filing insurance claims. Also, be sure that paramedics arrive on the scene to care for any injuries sustained in the crash.
  • Record the facts and take pictures
    • Speak with responding officers and be as accurate as possible without speculating about facts surrounding the accident or any injuries you may have incurred. In addition, take pictures of your vehicle, the scene, any injuries you or your passengers suffered, or anything else that may help your case in the future.
  • Gather and exchange information
    • Collect the names, addresses, and phone numbers of all parties involved in the accident as well as any witnesses to the crash. Obtain the insurance information of all drivers involved in the truck accident.
  • Seek medical attention
    • Sometimes injuries or pain from the accident won’t become apparent until days after the crash. If you are uncertain if you suffered an injury, err on the side of caution and schedule an appointment with a primary care physician.
  • Report the accident to your insurance company
    • Contact your insurance company as soon as you can. As your claim is processed, keep a log of any medical expenses or crash-related expenses as well as any changes in health. Avoid speaking with other insurance companies or trucking company claims adjusters.
  • Contact an experienced Texas truck accident attorney
    • Attorneys are responsible for protecting your rights as an accident victim and for making sure insurance companies are acting in your best interest. At Thomas J. Henry, our injury attorneys will immediately work to obtain and preserve evidence from the accident, give you legal advice, and ensure you receive ample medical attention. Experienced Texas truck accident lawyers will make sure you are comfortable and informed throughout the entire process and pursue every measure available to obtain the compensation you deserve.

 

What if the Police Said I Was At-Fault in a Texas Truck Accident?

If you have been involved in a trucking accident and the police say you are at-fault, you should still bring your case to the attention of an experienced personal injury attorney. Trucking accidents are especially complex, and mistakes can occur during the initial investigation. An in-depth analysis of your collision and the vehicles involved may reveal new evidence suggesting proportionate responsibility or relieving you of fault all-together.

What is Proportionate Responsibility?

When establishing fault in Texas, the law calls for a modified comparative fault standard called proportionate responsibility when apportioning fault and awarding damages. Under this standard, the amount of damages a party is responsible for is proportionate to the percentage of fault they carry for an accident or injury.

Proportionate responsibility also means that a motorist can recover damages for an accident they were partially responsible for, provided they can prove that another driver’s actions contributed to the damages suffered.

Take the following scenario for example:

You attempt a u-turn at a designated turn around, but misjudge the speed at which an oncoming vehicle is traveling. You are rear-ended by that vehicle which is then rear-ended by a large truck causing the second vehicle to collide with your vehicle a second time. You are determined to be at fault for the accident.

However, a follow-up investigation completed by industry experts reveals the large truck was traveling too close behind the second vehicle and that the company that owns and operates the large truck has no safe following distance rules on file. A jury could decide that the driver of the large truck and the company that employs him are partially liable for the accident and your resulting injuries if your attorney can prove the second impact cause you significant damage.

This scenario is similar to a case recently won by Thomas J. Henry which resulted in a multi-million dollar verdict in favor of the plaintiff.

One thing to keep in mind is that you will only be able to recover the percent of damages you are not responsible for, and you must be less than 50% liable for your own injuries to collect damages at all.

How Will an Attorney Help Me Determine Fault?

In addition to reviewing the evidence and facts of your case, Thomas J. Henry will employ an array of experts who are able to provide expert reports and testimony on how your accident occurred and who is at fault.

Finding the right expert for your unique situation is crucial in achieving positive results. As such, Thomas J. Henry has spent years finding and building professional relationships with the best expert witnesses from across the country. Each witness undergoes a thorough examination and questioning process before ever taking part in any aspect of a case. In a construction accident lawsuit, we may employ the services of the following experts:

  • Workplace safety compliance experts
  • Industrial accident reconstruction experts
  • Premises maintenance experts
  • OSHA consultants
  • Safety equipment experts
  • Ladder experts
  • Occupational and environmental health experts
  • Hazardous chemicals experts
  • Process safety management experts
  • Physicians, psychical therapists, and other healthcare professionals
  • Fire and explosion investigators

Expert witnesses can provide detailed information regarding your construction site injury. Our construction job injury lawyers are always looking for intuitive ways to use experts in construction accident cases.

What Should I Do If I’ve Been Involved in a Trucking Accident?

If you or a loved one have suffered a serious injury after being involved in an 18-wheeler accident, contact Thomas J. Henry immediately. Our experienced commercial trucking injury attorneys are available to respond to semi-truck accidents at any hour, day or night. Our lawyers understand that the immediate acquisition of evidence is paramount to understanding how the accident occurred. We will take immediate action on your case. Remember, your choice does matter. Contact us today for a free legal consultation. Attorneys are available 24/7, nights and weekends.

If a Person Dies from a Texas Truck Accident, Can a Claim Still Be Pursued?

If someone dies in an accident caused by the negligence or reckless behavior of a truck driver, Texas law allows that person’s spouse, children, or parents to bring a wrongful death claim or survival action.

What is a Wrongful Death Lawsuit?

If you lost a loved one to a trucking accident, one option you have is to file a wrongful death lawsuit. When filing a wrongful death lawsuit, family members are not actually seeking damages for harm caused to their loved one. Instead, the family members are suing for damages caused to themselves as a result of the loss of the decedent.

In a wrongful death lawsuit, family members of the deceased person are able to seek the following damages:

  • Loss of quality of life
  • Loss of love and emotional support
  • Loss of financial support
  • Loss of companionship
  • Loss of society

Texas law allows spouses, children, and parents to file wrongful death lawsuits.

What is a Survival Action?

Another option open to the family members of the deceased person is to file a survival action. Unlike a wrongful death lawsuit, a survival action seeks compensation for harm caused to the deceased person and states that those damages should be awarded to the decedent’s estate.

The basic argument behind a survival action is:

  • The person died because of the defendant’s negligence.
  • This negligence caused pain and suffering to the person before they died.
  • Had the person survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
  • The defendant should not be able to avoid liability for pain and suffering just because the person died.
  • The pain and suffering damages should be paid to the deceased person’s estate.

In addition to pain and suffering, a survival action can also seek damages for medical costs associated with hospital stays and medical procedures procured prior to the victim’s death as well as funeral and burial expenses.

Texas law only allows the deceased person’s legal heir or estate representative to file a survival claim. In the absence of a legal beneficiary, relative may pursue the action jointly.

Can I File Both a Wrongful Death Claim and a Survival Action Following a Fatal Trucking Accident?

In Texas law, wrongful death statutes and survival action statutes represent two distinct actions filed on behalf of different victims. As such, both can be pursued in connection with the same incident and can even be consolidated into a single lawsuit depending on the circumstances of the death.

However, in order for either of the claims to be successful, it is essential that the family speak with an experienced wrongful death attorney. Consulting with an attorney will allow you to understand the full scope of your rights, any potential obstacles your case might face, and how best to pursue legal action against those responsible for your loved one’s death.

Additionally, the attorney who is handling the wrongful death lawsuit and/or the survival action will also engage the services of a qualified probate attorney who will “open an estate”, ensuring that the wrongful death and survival claims are properly represented before the court.

What Are Some Things to Consider When Pursuing a Wrongful Death Lawsuit Against a Trucking Company?

Generally, lawsuits resulting from trucking accidents are much more complicated and much more demanding than a regular auto accident lawsuit. This is because the trucking companies you are dealing with have teams of lawyers whose sole job is to limit or eliminate the trucking company’s liability following a crash. In some situations, these lawyers will be at the scene of a crash before the ambulance even departs for the hospital.

Lawsuit involving commercial trucking companies and drivers are further complicated by the existence of complex trucking regulations as well as state and federal laws defining employer liability and the application of respondeat superior. Without a doubt, the lawyer investigating the accident on the trucking company’s behalf are well versed in the application of these laws and regulations.

Finally, you must consider the size of the company you are dealing with. The larger the company, the more financial resources that company has. Your average personal injury plaintiff simply does not have the money to fight it out against a trucking company. As a result, the victim is often bullied into accepting a settlement that covers only a fraction of their damages.

How Can an Attorney Help My Trucking Accident Wrongful Death Claim?

If you want to stand a chance against a large commercial trucking company, you need to level the playing field. Thomas J. Henry has been successfully litigating against trucking companies for 25 years. With a team of more than 100 attorneys, the latest trial technology, and the financial resources to fight the long fight, Thomas J. Henry can help ensure you receive the compensation you deserve.

Through the unitization of jet services, satellite technology, and advanced mobile technology, our attorneys and staff can be anywhere in the world at a moment’s notice. Because our attorneys have remote access to your file, they can hold meetings, draft and review documents, and store and share files anytime anywhere. This means that if you can’t make it to one of our offices, an attorney will bring the vast capabilities of our offices directly to you.

Thomas J. Henry also has access to some of the world’s leading expert witnesses. From accident reconstructionists to FMCSA compliance consultants, these experts will apply their special expertise to your case by gathering and investigating evidence and, when necessary, providing compelling expert testimony in your trial.

Some expert witnesses who may benefit your claim include:

  • Accident Investigation Experts
  • Hazardous Materials Experts
  • FMCSA Compliance Consultants
  • Forensic Engineers
  • Accident Re-constructionists
  • Human Factors Forensic Science Experts (reaction time, fatigue and distracted driving)
  • General Equipment Technical Expert

Who Should I Call If I’ve Been Involved in a Trucking Accident?

Thomas J. Henry Injury Attorneys have handled a multitude of 18-wheeler accidents over the past two decades and continue to handle many of the largest 18-wheeler accident cases throughout the United States. Whether the company is small or large, our success is not an accident; it is because we understand how trucking companies operate. We represent clients/victims all over the country.

Thomas J. Henry Injury Attorneys are available to respond to trucking accidents at any hour, day or night. Our lawyers understand that the immediate acquisition, or acquiring, of evidence is paramount to understanding how the accident occurred. Remember, your choice does matter. Contact our offices – we are available 24/7, nights and weekends.

Can I Recover Wages I Lost After a Trucking Accident?

When you are involved in a serious trucking accident, it is very likely that you will miss some work due to your injuries. The amount of work missed generally depends on the severity of your injuries and the physical requirements of your job. In the most severe cases, you may not be able to return to your previous occupation at all.

What Are Lost Wages?

In the simplest terms, lost wages are any wages you did not or cannot earn due to your injury. Lost wages are not limited to those you have already missed out on, but can also refer to wages you will miss out on in the future.

Typically, lost wages are broken down into three categories:

  • Lost wages – wages you lost during a period you were unable to work.
  • Loss of earning capacity – if you have sustained a long-term disability from an accident and cannot make as much money as you did before your accident.
  • Lost opportunities – this would include things like missing a job interview while you were recovering.

An important thing to remember is that if you lost your previous job due to your injuries and returned to work for lower pay, you may be entitled to the difference in pay between your previous job and the job you now hold.

How Much Lost Income Can I Recover?

As a victim of a trucking accident, you are entitled to reimbursement for any income you have lost because of the accident and your resulting injuries. Many people believe they must have been out of work for an extended period in order to recover lost wages – this is not true. If you missed even an hour of work due to hospital visits, treatment, or surgery, you have the right to be reimbursed.

Another important note is that lost income applies to all workers, not just full-time employees or salaried workers. If you are a part-time worker, hourly employee, or even self-employed, as long as you can document the wages you have lost, you can make a full recovery.

Aside from basic wage calculations (how much direct pay you lost), you are also able to claim:

  • Money that reflects a promotion or wage increase provided you were due for a wage increase or promotion while out of work.
  • Loss of commissions on sales.
  • Bonuses that you were paid in the past and were on track to receive prior to your injury.
  • Loss of fringe benefits.
  • Loss of pension benefits.

What If I Avoid Losing Wages By Using Vacation and Sick Leave?

The fact that you were able to use sick leave or vacation pay to avoid losing income has no bearing on your claim. Using sick leave or vacation pay due to an accident or injury is considered the same as losing pay itself.

Therefore, you are able to be reimbursed for the sick leave or vacation pay provided you can show:

  • You missed work because of the accident.
  • You have documentation showing the use of sick leave or vacation during that time period.

In addition, if you work in a commission based industry, you can still claim wages that would have result from commission on sales you missed while you were out of office. Remember, you were not “on vacation”, you were out of work to recover from an accident.

How Do I Prove the Wages I Lost After a Trucking Accident?

In order to prove loss of income, you will want to gather the appropriate documentation to support your claim. You attorney will go into more detail, but generally you will want to start by:

  • Getting a letter from your employer indicating how much time you took off.
  • A paycheck stub or W-2 that can be used to calculate hourly rate of pay or your monthly salary.
  • Documentation from your employer showing how many hours a week you work.
  • Documentation from your employer indicating whether you are qualified to receive overtime pay and whether or not you typically work overtime.

Once that information is collected, you can begin calculating a rough estimate of your lost wages by:

  1. Determine the number of hours you missed from work. If your hours vary from week to week, calculate the average based on your last two to three weeks of work.
  2. Determine the number of overtime hours you missed.
  3. Multiply the number of hours you missed by your hourly rate or estimated hourly rate.
  4. Multiply any overtime hours by 1.5 your hourly rate or estimated hourly rate.
  5. Add the values for regular hours missed to the overtime hours you missed.

If you are salaried, you can work out your lost wages by:

  1. Divide your annual salary by the number of hours you work (hours a full time employee works per year: 2,080) in order to get the amount you earn per hour.
  2. Calculate the number of hours you missed by multiplying the days you were out of work by 8 (typical work days for salaried employees 8 hours – even if you actually work more).
  3. Multiply those two figures to calculate your lost wages.

Tips, commissions, bonuses and other items can be added to the base amount of loss wages.

What if I Have More Questions About Wages Lost After a Trucking Accident?

If you have any questions about the wages you have lost or need help calculating just how much you are entitled to, contact Thomas J. Henry. Our attorneys can provide a free consultation so you better understand the laws surrounding your case and your best course of action. If your injuries prevent you from visiting our offices, we will send one of our attorneys to you.

Thomas J. Henry has been successfully resolving trucking accident claims for more than 25 years. We have the experience and resources to take on even the largest commercial trucking and insurance companies. We are available 24/7, nights and weekends – attorneys are standing by.

How Will an Attorney Investigate My Trucking Accident?

If you have been involved in a serious commercial trucking accident, it is essential that you hire an attorney with the knowledge and resources to properly investigate your claim.

What Are Some Things to Consider When Pursuing a Trucking Accident Lawsuit?

Generally, trucking accident lawsuits are much more complicated and much more demanding than a regular auto accident lawsuit. This is because the trucking companies you are dealing with have teams of lawyers whose sole job is to limit or eliminate the trucking company’s liability following a crash. In some situations, these lawyers will be at the scene of a crash before the ambulance even departs for the hospital.

Trucking accident claims are further complicated by the existence of complex trucking regulations as well as state and federal laws defining employer liability and the application of respondeat superior. Without a doubt, the lawyer investigating the accident on the trucking company’s behalf are well versed in the application of these laws and regulations.

Finally, you must consider the size of the company you are dealing with. The larger the company, the more financial resources that company has. Your average injury victim simply does not have the money to fight it out against a trucking company. As a result, the victim is often bullied into accepting a settlement that covers only a fraction of their injuries and damages.

How Do I Level the Playing Field When Suing a Commercial Trucking Company?

If you want to stand a chance against a large commercial trucking company, you need to level the playing field. Thomas J. Henry has been successfully litigating against trucking companies for 25 years. With a team of more than 100 attorneys, the latest trial technology, and the financial resources to fight the long fight, Thomas J. Henry can help ensure you receive the compensation you deserve.

Through the unitization of jet services, satellite technology, and advanced mobile technology, our attorneys and staff can be anywhere in the world at a moment’s notice. Because our attorneys have remote access to your file, they can hold meetings, draft and review documents, and store and share files anytime anywhere. This means that if you can’t make it to one of our offices, an attorney will bring the vast capabilities of our offices directly to you.

Thomas J. Henry also has access to some of the world’s leading expert witnesses. From accident reconstructionists to FMCSA compliance consultants, these experts will apply their special expertise to your case by gathering and investigating evidence and, when necessary, providing compelling expert testimony in your trial.

Some expert witnesses who may benefit your claim include:

  • Accident Investigation Experts
  • Hazardous Materials Experts
  • FMCSA Compliance Consultants
  • Forensic Engineers
  • Accident Re-constructionists
  • Human Factors Forensic Science Experts (reaction time, fatigue and distracted driving)
  • General Equipment Technical Expert

What are the Most Common Causes of Trucking Accidents

There are many different factors that can cause a trucking accident. Here are some of the most common causes of Texas trucking accidents:

  • Truck driver is fatigued or drowsy
  • Drug or alcohol impairment
  • Driver is distracted
    • Commercial vehicle regulations ban drivers from using mobile devices while driving. Doing so is considered a serious traffic violation and could lead to a CDL suspension.
  • Speeding or driving too fast for road conditions/inclement weather
  • Unsecured loads
    • When large trucks fail to secure their loads properly, motorists are put at an extreme danger. Contents from these trucks, including hazardous materials, could spill onto the roadways, causing serious accidents.
  • Improper turning or lane changing
  • Failure to maintain vehicle

Who Should I Call If I’ve Been Involved in a Trucking Accident?

Thomas J. Henry Injury Attorneys have handled a multitude of 18-wheeler accidents over the past two decades and continue to handle many of the largest 18-wheeler accident cases throughout the United States. Whether the company is small or large, our success is not an accident; it is because we understand how trucking companies operate. We represent clients/victims all over the country.

Thomas J. Henry Injury Attorneys are available to respond to trucking accidents at any hour, day or night. Our lawyers understand that the immediate acquisition, or acquiring, of evidence is paramount to understanding how the accident occurred. Remember, your choice does matter. Contact our offices – we are available 24/7, nights and weekends.

 

 

After a Trucking Accident Do I Sue the Truck Driver or the Trucking Company?

When filing a commercial trucking accident lawsuit, you are generally dealing with two legal entities: the truck driver and the trucking company. As such, your lawsuit will be a bit more complicated and require a few extra investigative steps to prove fault and obtain damages than a regular car crash lawsuit.

This is why it is essential to have an attorney who has experience in handling trucking accident litigation and has access to leading industry experts.

When Can I Sue a Trucking Company?

Typically, as long as the truck driver is an employee of a trucking company, your lawsuit will seek damages from both the driver as well the trucking company who employs him. This is because Texas law states that trucking companies are responsible for the negligent actions of their employees.

In addition to being responsible for driver negligence, trucking companies are also responsible for ensuring:

  • Their drivers have obtained and maintained proper licensing to operate a commercial vehicle
  • Their drivers have not committed any disqualifying criminal offenses that would compromise their CDL
  • Their drivers understand they are prohibited from using handheld devices while driving
  • Their drivers are in compliance with hours of service regulations at all times
  • Their vehicles are properly maintained and inspected regularly

Failure to adhere to these regulations or any others coded in Title 49 of the Code of Federal Regulations and the Federal Motor Carrier Safety Act (FMCSA) can result in a trucking company being held responsible for your injuries.

In some cases, your attorney may decide it is best for you to sue the trucking company only and not the driver.  This is because you are seeking compensation for your injuries and any other damages. While you may want to bring the driver to justice, limiting your lawsuit to the company might be the most financially viable action and the most likely to help you in your recovery.

When Might My Lawsuit Be Limited to the Truck Driver?

If the truck driver is determined to be an independent contractor with no ties to a trucking company, your lawsuit may be limited to the driver alone. In other instances, a judge may decide that the facts of the case preempts a lawsuit against the trucking company and throw out everything except you lawsuit against the driver.

Having an experienced trucking accident attorney on your side can help prevent such scenarios from happen. By making use of expert witnesses and technical resources, Thomas J. Henry is able to examine all angles of your case, finding evidence, relationships, and violations that might have otherwise gone unnoticed.

No matter the circumstances of your trucking accident, it is worth your time to consult with an attorney to discuss your options.

What Should I Look Out for When Suing a Trucking Company?

Generally, a trucking company will attempt to distance themselves from an accident in an attempt to limit their liability, even if this means throwing their own employee under the bus. Trucking companies have teams of investigators and attorneys whose sole purpose is to challenge claims and reduce the amount of money that the trucking company has to payout.

Among the tactics often used by trucking companies to chip away at your claim are:

  1. Recorded Statements – The trucking company’s insurer will contact you after the accident requesting a recorded statement. While they claim this is to they can better understand your injuries and streamline the payout process, they are actually trying to get you on record saying something that harms you case. It is essential that you speak to an attorney before providing such a statement. Do not be bullied, you have no legal requirement to answer the insurer’s questions without the advice of your attorney.
  2. Low Settlement Offers – The insurance company wants to settle your claim for as little as possible. They know that you are in a state of chaos and confusion and will take advantage of it. While it may be tempting, do not accept the insurers offer without consulting with your attorney first.
  3. Destroying Evidence – Often times, a trucking company will attempt to destroy or alter records or evidence after an accident with the goal of hiding their mistakes. An attorney can file a court ordered temporary restraining order in order to preserve any and all evidence in the state that it was in at the time of your accident.
  4. Not Ordering a Drug or Alcohol Test – Some companies will tell drivers involved in an accident not to submit to a drug or alcohol test if they think the driver was impaired when the crash occurred. The driver may feel pressured as being under the influence while behind the wheel can end their career. Federal regulations actually require drivers get tested following a crash. Still, the fine for violating this regulation is much less damaging that the repercussions of a trucker driving under the influence of alcohol or drugs.
  5. Delaying the Claim – May trucking companies will attempt to delay your claim in the hopes that you will lose the will and financial resources to fight. Thomas J. Henry has the money and manpower to see your case through to the end and knows how to drive a case forward.

Contact an Experienced Trucking Accident Attorney

Thomas J. Henry Injury Attorneys have handled a multitude of 18-wheeler accidents over the past two decades and continue to handle many of the largest 18-wheeler accident cases throughout the United States. Whether the company is small or large, our success is not an accident; it is because we understand how trucking companies operate. We represent clients/victims all over the country.

Thomas J. Henry Injury Attorneys are available to respond to trucking accidents at any hour, day or night. Our lawyers understand that the immediate acquisition, or acquiring, of evidence is paramount to understanding how the accident occurred. Remember, your choice does matter. Contact our offices – we are available 24/7, nights and weekends.

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