Truck Accident Attorney in Texas

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

A 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 in 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

1. Allow You to Focus on Your Recovery

The first thing your trucking accident attorney will do for you is to 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 to 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

Whether or not a trucking accident case goes to trial is dependent on several factors. Among the most important of those factors are:

• How clear is a liability in the case?
• Is the insurance company willing to pay a reasonable settlement?

While a case will be settled out of court more often than not, your attorney must treat every claim as though it will be tried to verdict.

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.
• 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.

Typically, trucking accident lawsuits are much more complicated and much more demanding than a lawsuit involving a regular car crash. This is due primarily to the special rules that help regulate commercial trucking and the fact that trucking and freight companies tend to have vast legal and financial resources.

Because of this, you must hire an experienced personal injury attorney whenever you are involved in a trucking accident and that you do so quickly.

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.

By choosing to work with a knowledgeable truck accident lawyer in Texas, you are taking the first steps towards protecting your rights as an injured person.

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

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 your case. You must 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.

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 insurer’s offer without consulting with your attorney first.

Destroying Evidence – Oftentimes, a trucking company will attempt to destroy or alter records or evidence after an accident to hide their mistakes. An attorney can file a court-ordered temporary restraining order to preserve any and all evidence in the state that it was in at the time of your accident.

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 than the repercussions of a trucker driving under the influence of alcohol or drugs.

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.