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Help & Information

We have straight answers to difficult questions to help you navigate legal process and secure financial compensation.

At Thomas J. Henry Law, we want to ensure all injured victims are informed and knowledgeable about their rights. The legal process can be complicated, confusing, and overwhelming, especially when you are also dealing with the aftermath of an accident or injury.

Thomas J. Henry Law has prepared the following Infographics, FAQs, Videos, and Personal Injury Legal Guides to assist you on your road to recovery. If you wish to speak directly with an attorney, contact our offices now for a FREE Case Consultation – we are available 24/7, nights and weekends.


Your questions answered

What Types of Expert Witnesses Could Benefit My Texas Trucking Accident Lawsuit?

In Texas, truck drivers are subject to strict rules and regulations that do not normally apply to other drivers. This means there is much more to consider when filing a Texas truck accident claim. Because of the complexities surrounding commercial trucking regulations, it is not uncommon for a truck accident attorney in Texas to bring on expert witnesses to assist with a case. These are people with specialized knowledge who are recognized by courts as being able to provide expert testimony beyond that of the average person.

Thomas J. Henry Law has spent years finding and building professional relationships with the best expert witnesses from all across the country. Expert witnesses that could benefit your trucking accident lawsuit 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
Are Expert Witnesses Necessary to Prove Fault in a Texas Truck Accident Case?

If you want to receive full compensation for your claim, then it is best to have expert witnesses who can help prove your case. An expert witness can provide a detailed account of your accident before a jury, explaining what factors contributed to your collision and your injuries. They can also provide insight into the rules and regulations that a trucking company may have ignored before your accident, increasing their liability for the damages you have suffered.

Trucking is a big industry in Texas, and with big industry comes big legal teams. At Thomas J. Henry Law, we have not only a team of Texas truck accident lawyers to fight for your right to compensation, but we also have the finances and resources to litigate against the largest companies in the world. This includes some of the leading expert witnesses in the nation.

What are Examples of Commercial Trucking Regulations?

While trucking regulations do vary by state, there are federal guidelines by which all commercial vehicle drivers and fleet operators must abide. These regulations are codified in Title 49 of the Code of Federal Regulation.

A few of the most important federal commercial motor vehicle regulations 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.
  • Before obtaining a CDL, drivers must test for and obtain a commercial learner’s permit (CLP) and hold it for 14 days.
  • 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.

When you contact Thomas J. Henry Law, you will be working with an experienced truck accident attorney in Texas. They will have handled previous Texas truck accident cases and will have a clear understanding of the rules and regulations truck drivers are subject to when traveling on our state’s roadways.

What Rules or Laws Apply to Commercial Trucks in Texas?

In Texas, drivers of commercial vehicles, 18-wheelers, and large trucks are subject to specialized rules enacted by the Texas Department of Transportation (TxDOT) and the Federal Motor Carrier Safety Act (FMCSA)

From rules dictating who can operate a commercial vehicle to rules limiting the number of consecutive hours a driver can spend behind the wheel, these regulations have been put in place to help keep other drivers safe. When drivers fail to comply by these rules, tragedy can occur.

Another important note is that trucking regulations are not limited to drivers, but also affect transportation companies. These can set requirements for commercial trucking companies, managers, and fleet operators. If you have more questions about these rules or how they may affect your claim, contact Thomas J. Henry Law now to speak directly with one of our Texas truck accident attorneys.

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

To prove loss of income, you will want to gather the appropriate documentation to support your claim. Your 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 can be used to calculate the 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:

  • 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.
  • Determine the number of overtime hours you missed.
  • Multiply the number of hours you missed by your hourly rate or estimated hourly rate.
  • Multiply any overtime hours by 1.5 your hourly rate or estimated hourly rate.
  • 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:

  • 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.
  • Calculate the number of hours you missed by multiplying the days you were out of work by 8 (typical workdays for salaried employees 8 hours – even if you actually work more).
  • Multiply those two figures to calculate your lost wages.

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

It is best to start gathering this evidence early so you do not miss any opportunities for financial recovery. Call Thomas J. Henry Law now to start working with a truck accident attorney in Texas on proving your lost wages.

Can I Recover Wages I Lost After a Trucking Accident?

When you are involved in a serious trucking accident, you will likely 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. You can recover these damages as 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.

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