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Our attorneys and staff continue to work through COVID-19 and remain available 24/7, ready to fight for you. Our video conferencing, case management, and telecommunications systems allow us to stay in constant contact with our clients and pursue their claims without interruption – all without our clients leaving the comfort of their homes. You focus on staying healthy and safe, we’re here to handle the rest.

Truck Accident Attorneys

Trucking Accident Lawyers Serving Clients Nationwide from Our Texas Offices in San Antonio, Corpus Christi, and Austin

When hiring a trucking accident lawyer for your case, you want someone who is experienced and tenacious. You want a lawyer who has the financial resources to develop your case properly. You want a lawyer who can take your call any time of the day or night. At Thomas J. Henry, our truck accident attorneys can do all of that and more.

We understand how difficult it is to work when you have been severely injured by an 18-wheeler or other commercial vehicle. That is why we can advance your court costs and litigation expenses. We can also advance money for living and medical expenses interest free*. You spend nothing and you pay no attorney’s fees unless we win your case. We do this because we have the confidence that comes with experience.

With offices in San AntonioCorpus Christi, and Austin, our experienced truck accident lawyers are available 24/7, nights and weekends to assist you with your case. Call us today to set up a free case review.

WHO CAN BE SUED AFTER A TRUCKING ACCIDENT?

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.

WHAT MAKES COMMERCIAL TRUCKING ACCIDENT LAWSUIT DIFFERENT?

Drivers of commercial motor vehicles like 18-wheelers and large delivery trucks are strictly regulated by specialized rules put in place by the Texas Department of Transportation (TxDOT) and the Federal Motor Carrier Safety Act (FMCSA) in order to keep other drivers safe.

Such regulations include special licensing requirements, stricter blood alcohol content limits, stricter distract driving requirements, vehicle maintenance requirements, and physical fitness requirements. These regulations also set firm limits on the number of hours a commercial vehicle driver can consecutively drive without taking a break.

For example, a property-carrying commercial motor vehicle driver:

  • may drive a maximum of 11 hours after 10 consecutive hours off duty.
  • may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
  • may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
  • Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

If it is determined that the truck driver, a fleet operator, or any part of a commercial vehicle was in violation of a TxDOT or FMCSA regulation at the time of your accident or leading up to your accident, it is much easier to demonstrate that negligence occurred.

WHAT SHOULD I EXPECT WHEN FILING A TRUCK ACCIDENT LAWSUIT?

The first thing you need to understand when pursuing compensation for a trucking accident is that the playing field is not level.

Typically, large trucking companies have teams of lawyers whose only job is to investigate and challenge trucking accident claims with the goal of limiting or eliminating the trucking company’s liability. These entities also have the financial resources to fight long, hard legal battles in a way that leaves individuals at a disadvantage.

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.

This is why it is essential that you hire an experienced commercial accident attorney who is proficient in trucking accident litigation. Thomas J. Henry has been successfully litigating trucking accident lawsuits for more than 25 years. Our commercial litigation attorneys understand the statutes regulating commercial trucking companies and their drivers.

Combine that proficiency with the legal and financial resources that only the largest personal injury firm in Texas can provide, and you finally stand a chance of getting the compensation you justly deserve.

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.

HOW CAN A TRUCKING ACCIDENT ATTORNEY HELP ME?

1. Allow You to Focus on Your Recovery

The first thing your trucking accident attorney will do for you is make sure you are getting the medical attention you need. Trucking accidents can be especially catastrophic due to the large size of the commercial vehicles involved. It is not uncommon for a trucking accident to resulting in back injuries, brain injuries, paralysis, or even death.

By hiring a trucking accident attorney, you can rest easier knowing that your claim is in capable hands and focus on your getting better. As Mr. Henry has said, “The client’s job is to heal. We will handle the rest.”

2. Provide Access to Advanced Technology

When you are going up against a major trucking company, you need to fight fire with fire. Thomas J. Henry utilizes advanced technology both in and outside the courtroom. Through the utilization of a fleet of jets, satellite technology, and mobile technology, our attorneys can be anywhere within a moment’s notice. We can also provide access a client’s files and records and stream live video of evidence and depositions to any courtroom in the country – all with the push of a button.

3. Bring in Expert Witnesses

Expert witnesses can help gather and assess valuable evidence and can provide compelling testimony demonstrating how the negligence of another directly contributed to your injuries. Thomas J. Henry has spent years building professional relationships with leading industry experts. Among those who can assist you in your trucking accident claims are:

  • 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

18-WHEELER ACCIDENT ATTORNEYS WITH A WINNING HISTORY

Thomas J. Henry has 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 Texas and 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.

In addition, Thomas J. Henry understands how truck drivers are supposed to handle themselves in the operation and use of commercial motor vehicles. We have consistently demonstrated through expansive discovery, depositions and massive use of experts how trucking companies and drivers have caused not only injuries but deaths that were completely unnecessary. If trucking companies and drivers follow the appropriate safety rules prescribed by federal and state law, many people would still be living a full and prosperous life.

Knowing who and where to sue is critical. Thomas J. Henry has the knowledge and expertise to make sure your case is handled correctly. In some cases, you may have grounds to recover actual and punitive damages, which can compensate you for all expenses, past and future, which have occurred since your accident. We make sure all the details of your case have been researched so you receive the compensation you deserve.

INJURED IN A TRUCK ACCIDENT? CONTACT THOMAS J. HENRY

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 Christi, San Antonio, and Austin, 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.

Experience was a great one. at all times i was notified of all information on my case. Attorneys were very helpful at all times. Prompt on returning phone calls. I have referred this law firm to a lot of my friends. VERY SATISFIED.
Diana R., 8/8/2018


  • RESULTS
  • INFOGRAPHIC
  • FAQ

18-Wheeler Accident FAQs

Do you have questions after being injured in a semi-truck crash? Check out the following FAQs. If you don’t find your answer below, contact us and speak with an experienced Texas truck accident lawyer.

  • Who can I sue after a trucking accident?

    Some truck drivers own their own rig while others are employees of trucking companies, sometimes driving vehicles that the employer has leased from another company. Determining the exact nature of an employment relationship between a truck driver and a trucking company is often just the first step in identifying all of the parties that can be held liable for negligently causing an accident. Our truck accident lawyers can examine the facts of a particular accident, identify each of the relevant parties, and assess their potential liability.

  • How are semi-truck accidents different than accidents involving other types of vehicles?

    Trucks are required to carry higher amounts of insurance coverage. The drivers must also meet higher safety standards than other vehicle drivers. Trucks travel in interstate commerce and therefore, are subject to many federal regulations that do not apply to other vehicles. Trucking companies also have responsibility to perform background checks prior to hiring drivers and must periodically evaluate existing employees. Drivers are subject to limits on the number of hours they can drive in a given day. Drivers are also subject to testing for drugs and alcohol, both randomly and in the event of an accident. Violations of the Federal Motor Carrier Safety Regulation Act can provide the basis for establishing fault on the part of the trucking company and it’s driver.

  • How is liability proven in a semi-truck accident?

    In order to get the compensation you deserve following an 18-wheeler accident, you must be able to prove liability. You can do this by presenting two primary types of evidence: testimonial and material. Testimonial evidence can include detailed accounts from witnesses and evaluations from experts. Material evidence can include photos of damages to vehicles and physical injuries, video footage of the accident, tire marks on the road, and even driver logs and inspection records. Our semi-truck crash lawyers are experienced in handling these kinds of cases and will take immediate action to obtain and secure evidence.

  • Do I still have a viable claim if I was injured in an 18-wheeler accident caused by a mechanical issue?

    Whenever you’ve been injured in a semi-truck accident, there are many potential causes that can lead to the wreck. Mechanical failures, including worn tires, defective brakes, inadequate safety systems, or unsecured cargo could have been prevented if the trucking company kept up proper maintenance schedules for their vehicles. These can all be grounds for a trucking accident lawsuit.

  • What is a company vehicle?

    A company vehicle is any car, van, truck, or other vehicle that is owned and operated by a company to be used by employees or agents of that company. These vehicles can be used to carry employees, transport passengers, and haul goods and equipment. Tractor-trailers, cement mixers, cars used for ridesharing services, and corporate automobiles are just a few of the many different types of company vehicles on the road. When the employees operating these vehicles cause a crash, the employer or company may be held liable for negligent hiring practices and supervision, failure to properly train their employees, and more.

  • Can I hire a Texas lawyer if I live in another state?

    Yes, you can hire a Texas lawyer if you live in another state. No matter where you live, it is important to find a lawyer who has the necessary legal resources, experienced staff, and dedication to help you obtain the best results for your case. It is also crucial that you find an attorney who has experience in your needed legal area. For example, you don’t want to hire a criminal defense attorney when you suffered injuries from an accident caused by someone else’s negligence. When it comes to your case, look for the type of lawyer who deals with the laws surrounding your situation.

  • I feel fine. Should I still see a doctor after my 18-wheeler accident?

    Definitely. Many times injuries sustained during an automobile accident are not recognized or noticeable until days or weeks after the accident. This means that even though you may feel fine now, you may be suffering from internal injuries. You should always seek medical attention after being involved in an auto accident. When you do see the doctor, make sure to mention any complaint you may have, no matter how minor. Don’t play medical expert and evaluate the importance of a symptom. If you did not cause the auto accident, the law allows you to seek and receive compensation for any medical bills you have incurred after the collision.

HAVE YOU BEEN INJURED?

Contact Us for a FREE Case Review

866-517-5659 • info@tjhlaw.com

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