Were you involved in an accident with a commercial truck? Did you suffer injuries requiring medical attention? Was the crash due to the truck driver or trucking company’s negligent actions? If so, you might be entitled to compensation. Lowenberg Law Firm is ready to speak with you about your case during a free consultation today.
Truck accidents differ greatly from collisions between two small cars. That’s because commercial trucks are much larger and heavier. Their massive size means property destruction and catastrophic injuries are likely when they’re involved in a crash. Additionally, truckers have the challenge of maneuvering a big truck around other vehicles and hazards. They must have special licensing and complete extensive training to operate a commercial truck safely.
Anyone who has ever been in a car accident knows the devastation that follows. Chronic pain, expensive medical bills, emotional distress, and financial struggles are possible. It can upend your life and impact your routine. If you end up with a permanent injury, you’ll need to attend doctor’s appointments or perhaps take medication for the rest of your life.
The cost of treating severe injuries can become a considerable burden and lead to debt. If you can’t afford your expenses, you worry about how you’re going to heal. Lowenberg Law Firm understands the stress you’re under and the uphill battle you face. We will develop a strategy to try to achieve your legal goals and recover the maximum compensation you deserve.
Why You Should Hire Lowenberg Law Firm
Lowenberg Law Firm has a team of highly skilled and knowledgeable attorneys with over 20 years of experience in representing accident victims. We believe in getting to know our clients, so we can tailor our services to meet your specific needs.
Since opening our firm, we have built a stellar reputation in Houston and take pride in our work. We are members of various prestigious organizations and have received awards for our achievements. When you hire us, you will have a dedicated team in your corner working toward the best possible outcome for you.
An initial consultation with Lowenberg Law Firm is always free. You don’t have to pay us anything to receive the legal advice and guidance you need. Truck accidents cause shock, fear, and confusion. You most likely don’t know how to handle what comes next and need an experienced Houston truck accident lawyer to put you on the right path. We’re happy to meet with you to discuss the details of the crash and determine the available options for pursuing compensation.
Types of Commercial Trucks in Houston
Houston is a big city with a massive population. When you drive to work, school, restaurants, stores, or other parts of the area, you probably pass large trucks. They’re an essential part of the economy and provide a means to transport consumer goods and other necessities.
They can also weigh up to 80,000 pounds and contain dangerous chemicals and bulky items. The occupants of other vehicles can suffer injuries during the initial impact of an accident with a truck and may suffer subsequent injuries from loose cargo and debris.
The most common commercial trucks you might see in Houston are:
- Dump/garbage trucks
- Tankers
- Tractor-trailers
- Semi-trucks
- Refrigerator trucks
- Delivery vans and trucks
- Tow trucks
- Buses
- Construction vehicles
- Flatbed trucks
- Heavy haulers
- Box trucks
- Firetrucks and other emergency vehicles
- Cement mixers
You could find yourself on a collision course with any of these vehicles. Your resulting injuries and property damage can lead to an economic burden and a great deal of stress. Unfortunately, it’s impossible to prevent a truck accident from happening if someone else is negligent. Knowing how to handle one could improve your chance of securing adequate compensation from the at-fault party.
Steps You Should Follow After Suffering Injuries in a Truck Accident
What you decide to do immediately after a truck accident and during the months or years that follow could significantly affect your case. If you do anything to delay the process or wait too long to initiate a lawsuit, you could end up walking away without the money you need to heal your injuries.
The first and one of the most crucial steps you should take is to go to the hospital. Once you leave the accident scene, seek treatment for the injury you sustained. You can visit the emergency room or see your family doctor. Either way, you should allow a physician to evaluate your condition and determine a treatment plan.
Listen to their instructions if your doctor recommends follow-up care, such as surgery, physical therapy, or rehabilitation. Be sure to attend all appointments regularly. Don’t skip any or allow significant time to pass in between them. Insurance companies look for evidence of a non-existent injury or minimal physical harm. If they see any gaps in treatment, they could use that against you to offer a low settlement or deny your claim altogether.
You should also hire an attorney immediately after the truck accident. Lowenberg Law Firm is familiar with truck accident cases and knows the most effective strategies to hold negligent truck drivers accountable for their actions. While you’re treating your injury, we can focus on the legal aspects of your case. We will investigate the crash and obtain the available evidence to prove someone else was at fault.
Maintain any records related to the accident during your ongoing case. It’s crucial that you don’t dispose of doctor’s notes, physician bills, prescription receipts, radiology reports, and other documents. We could use them as evidence to show the insurance company that your injury resulted from the collision and nothing else.
You should also avoid these common mistakes:
- Discussing the accident on social media. You might believe it’s harmless to update your Facebook friends about the status of your case or post pictures of your daily life. Unfortunately, an insurance adjuster or defense attorney could find evidence online that contradicts your claims about how serious your injury is. If you claim to have broken your leg but post photos of yourself participating in sports, it’s clear proof that you lied about your injury or exaggerated its severity.
- Talking to the insurance adjuster. The adjuster assigned to your claim might reach out to discuss the crash. They want details about what happened to determine whether their policyholder is liable for your injuries. Despite seeming friendly and helpful, they’re not on your side. They want to avoid a large settlement to save money for the insurance company they represent. If you say the wrong thing, you could ruin your chance of recovering the maximum available compensation. Inform the adjuster that you hired an attorney and give them our contact information.
- Signing forms from the insurance company. The insurance company will likely send you medical authorization forms to sign so that they can request copies of your medical records, forms to complete regarding the ongoing claim, and other documents. Don’t sign anything you receive. You could unknowingly waive your rights to hold the at-fault truck driver liable or give up your right to the total insurance coverage on the policy.
- Skipping the IME. The insurance company might require that you attend an independent medical examination (IME) so another doctor can confirm the injury you suffered. They do this if there are any disputes or questions about the validity of your claim. It’s not optional. You must attend this appointment so the adjuster can investigate the accident and determine whether you deserve compensation. If you choose to skip this appointment, it could negatively affect your case.
- Handling the case without hiring a lawyer. You might think the claims process is straightforward. However, you could encounter obstacles and delays that ruin your chance of securing the money you’re owed. Without an experienced legal team to help, you will likely lose money. Studies have shown that accident victims receive higher compensation than individuals who choose to go unrepresented.
Lowenberg Law Firm Can Take on the Investigation
At Lowenberg Law Firm, our team knows the ins and outs of accident investigations. When you hire us, we will begin by reviewing the details of the collision to determine how it happened and who was at fault. We will also need to gather relevant evidence to prove our case. The evidence we collect will depend on the various circumstances but could include:
- Copies of your medical records and bills
- Statements from witnesses
- Accident scene photos
- Trucking company’s maintenance and repair logs and inspection reports
- Damage estimates for all vehicles involved in the crash
- Traffic camera footage and security video surveillance
- Police reports
- Copies of available insurance policies
- Truck driver’s employment history, criminal background, prior accident reports, and related documents
All of the evidence we find could strengthen your case and maximize its value. The goal is to show the effect the accident had on your life and the money you need to compensate for your losses. You should not be forced to pay for your expenses if the truck driver’s actions fully contributed to the accident.
Common Types of Truck Accidents
Lowenberg Law Firm can handle a range of truck accident cases. Some of the most common cases we take on include:
- Jackknife accidents – Large trucks with a front cab and attached trailer are susceptible to jackknifing, meaning the cab and trailer slide towards each other at an angle. This can result from dangerous roads, sudden maneuvering, or improper braking, any of which can cause the driver to lose control of the entire vehicle.
- Rollover accidents – Any vehicle with a high center of gravity can roll over easily. Trucks are no exception. Unsecured cargo can shift, throwing the truck off-balance, or a road hazard can cause the trucker to swerve to avoid an accident, causing the truck to roll.
- Underride accidents – Underride accidents happen when a car ends up underneath the trailer of a truck. An accident of this sort typically occurs if the truck driver slows down or stops without warning, which prevents the driver behind them from reacting quickly enough to avoid a collision.
- Rear-end collisions – Many rear-end accidents happen when someone tailgates another person’s car. Severe injuries are likely if a commercial truck barrels into the back of a passenger vehicle. When a trucker follows someone too closely, they can’t stop or swerve in time to prevent an accident.
- Head-on crashes – Head-on accidents with any vehicle are dangerous. When they involve a commercial truck and passenger car, the results can be deadly. According to statistics from the Insurance Institute for Highway Safety, 618 passenger vehicle occupants died in head-on collisions involving large trucks in 2019.
- T-bone accidents – T-bone collisions, also called side-impact collisions, occur when the front end of one vehicle crashes into the side of another. A commercial truck can do a lot of damage when it collides with the side of a small car and traps the occupants beneath the crushed metal.
- Wide-turn accidents – Truckers need to swing the truck out wide ahead of a turn to avoid ending in the wrong lane or jumping the curb. They must use their turn signals, check all blind spots, and proceed with caution. Miscalculating the space they have or failing to look for cars in their way can lead to this type of accident.
Multiple scenarios can cause a truck accident. Determining the exact cause can be a challenge, especially if there were numerous vehicles and parties involved. Regardless of the type of truck accident you were in, you should contact Lowenberg Law Firm for assistance with pursuing compensation from the driver.
Common Causes of Truck Accidents
State laws and federal trucking regulations aim to prevent accidents. Unfortunately, driver distraction, human error, and other factors can contribute to a collision with a commercial truck.
The most common causes of truck accidents are:
- Fatigued driving – By federal regulation, truck drivers cannot exceed a specific number of hours during their driving shifts. The hours of service regulations aim to prevent truckers from falling asleep at the wheel.
- Drunk driving – Regardless of the vehicle you drive, you should never operate one while you’re under the influence of alcohol. Non-commercial drivers are under the influence if their blood alcohol concentration (BAC) is at or above 0.08%. However, federal laws hold truckers to a much higher standard and considers a BAC at or above 0.04% to be under the influence.
- Tailgating – Following another person’s vehicle too closely places everyone at risk. It’s dangerous and reckless behavior that can lead to a serious rear-end collision. Truck drivers need a longer stopping distance than non-commercial drivers. A truck traveling at highway speeds requires almost two football fields of length to come to a complete stop.
- Speeding – An accident involving a truck at low speeds can be devastating. However, if it occurs at high speeds, the results can be deadly. The trucker needs a greater stopping distance, quick reaction time, and complete control over the vehicle to avoid a collision.
- Failing to yield the right of way – Approaching an intersection, merging onto a highway, and encountering a crosswalk are a few examples of situations requiring drivers to yield. If a truck driver decides to blow through a stop sign, they could collide with a car already in the middle of the intersection.
- Failing to check blind spots – Large trucks, such as tractor-trailers, have four blind spots. A passenger vehicle only has two. Truckers must check each blind spot before turning, changing lanes, or merging to avoid sideswiping another vehicle.
- Sudden or improper braking – A truck driver should know the amount of time and distance necessary for them to bring their vehicle to a complete stop. They must prepare in advance to maintain control. However, if they slam on their brakes, they could cause the truck to jackknife or rollover.
- Inadequately preparing for a turn – Ahead of left or right-hand turns, truckers should begin preparing by slowing down, using a turn signal, and monitoring the road for other vehicles. Approaching a turn too quickly or failing to check blind spots can lead to a catastrophic accident.
- Driving recklessly – Reckless driving can involve acts of road rage or weaving in and out of traffic. Truck drivers have to contend with various hazards, distractions, and other vehicles while maneuvering their trucks safely and carefully. Reckless behavior is dangerous and causes severe injuries and death.
- Distracted driving – Many distractions present themselves to a motorist. It’s particularly important for truckers to focus on their work at all times and avoid texting, eating, drinking, and other activities that redirect their attention away from the task of driving.
- Disobeying traffic laws – Running a red light, exceeding the speed limit, or otherwise ignoring the rules of the road places other people in harm’s way. Truck drivers must adhere to all state and federal laws, so an accident doesn’t happen.
The truck driver isn’t the only party who is responsible for not harming the occupants of other vehicles. The trucking company must also take the necessary precautions to keep people safe. They could be liable for an accident if they hire an inexperienced driver or encourage their employees to drive beyond the maximum allowed driving limits. They could also be at fault if they don’t routinely inspect the trucks or perform prompt repairs of any damage.
Common Injuries Caused in Truck Accidents
Most commercial trucks weigh between 30,000 and 80,000 pounds, depending on how much cargo they contain. The human body can’t withstand the extreme force placed on it during a collision involving a massive truck.
Debilitating injuries are common, and fatalities often occur to smaller vehicle drivers and passengers. In 2019, 5,005 large trucks were involved in fatal accidents. In those crashes, only 28.7 percent of deaths were the occupants of commercial trucks, while 68.8 percent were occupants of other vehicles.
The most common injuries associated with truck accidents include:
- Loss of limb
- Paralysis
- Spinal cord damage
- Internal bleeding
- Psychological trauma
- Crush injuries
- Disability
- Traumatic brain injury
- Nerve damage
- Significant scarring or disfigurement
- Back injuries
- Broken bones
If you become disabled from the accident, you probably can’t work or take care of yourself. You will need to hire someone to help you with household chores, errands, and routine tasks. It’s not just a burden on you but also a burden on your family. Most people can’t afford these expenses and face financial strain trying to make ends meet. Your injury doesn’t have to disrupt your life and cause unnecessary stress. Lowenberg Law Firm is ready to help you fight for justice against the negligent truck driver.
Possible Compensation in a Truck Accident Case
The amount of money you receive will depend on a range of factors, including the severity of your injury, the total cost of medical treatment, and whether you require future care or assistance. Every case is unique, and the compensation you need will be based on your specific losses.
When you pursue a monetary recovery, you could be compensated for the past and future losses you suffer, such as:
- Loss of household expenses
- Pain and suffering
- Lost wages
- Lost earning capacity
- Past and future medical expenses
- Mental anguish
- Physical impairment or disfigurement
- Property damage
Texas uses a fault system when it comes to car accidents. That means the at-fault driver becomes financially responsible for the victim’s injuries and losses. You could file an insurance claim for a settlement to recoup your costs. All trucking companies must buy liability insurance for their drivers. Federal regulations require minimum coverage limits depending on the weight of the truck and whether the cargo is hazardous.
If the insurance company denies your claim or doesn’t offer the settlement you need, you could move forward with a lawsuit. You might be able to pursue exemplary damages in addition to the other compensation you may be eligible for. An award of these damages is a punishment against the defendant instead of compensation for your losses. A jury doesn’t always award this to plaintiffs. To receive these damages, you must provide clear and convincing evidence of the responsible party’s gross negligence, fraud, or malice.
How Much Does a Houston Truck Accident Lawyer Charge?
Some law firms require a fee to retain their services and charge ongoing fees for case-related expenses and the number of hours the lawyer works on the case. At Lowenberg Law Firm, we know most accident victims can’t afford to pay for legal services. We take cases on contingency, meaning you’re not responsible for any upfront fees or costs. We won’t expect payment unless we recover compensation for you in an insurance claim or lawsuit. You don’t have to pay our fees if we can’t secure any money from the at-fault party.
Truck Accident Frequently Asked Questions
If you were injured in a truck accident, you probably have many unanswered questions. Lowenberg Law Firm wants you to feel prepared and has responded to some of the commonly asked questions we receive from clients.
Most people think the driver is the only person who can be held liable for an accident. However, multiple parties might be at fault for a range of different reasons. The most common parties responsible for truck accidents are:
- Truck driver
- The company responsible for maintaining the vehicles
- Trucking company
- Cargo loading company
- Freight owners
- Owner of the cab or trailer
- Parts manufacturer
- Non-commercial driver
You could receive compensation if you were partially responsible for the truck accident. However, you can’t recover the maximum available amount in a lawsuit. Proportionate responsibility allows juries to reduce the plaintiff’s financial award by their percentage of assigned fault. For example, if your losses totaled $100,000, but the jury finds you were 20 percent at fault for the crash, you couldn’t receive more than $80,000. You would be entitled to the entire $100,000 if the truck driver or another party were 100 percent to blame. If your actions were more than 50 percent responsible for the accident, you won’t receive any money for your losses.
Texas has a two-year statute of limitations. You can only pursue compensation from the at-fault party in a lawsuit if you file within two years of the accident date. If this timeframe passes before you initiate your case in court, you won’t be allowed to hold the truck driver or trucking company civilly liable for their wrongdoing.
Speak with a Dedicated Houston Truck Accident Lawyer Today
The Houston truck accident lawyers of Lowenberg Law Firm are ready to take your call and begin working on your case. We will tirelessly work to get you the money and justice you deserve. We never back down from a fight and aren’t afraid to provide aggressive representation for you against the insurance company or their defense attorneys.
We offer a free initial consultation to accident victims. We know you need guidance during this traumatic time in your life. We won’t charge you to receive the advice you need to make the proper steps moving forward.
When you hire Lowenberg Law Firm, we’ll dive right into investigating the accident and gathering evidence. We will file your case before time runs out and pursue the maximum available compensation. You can depend on us to meet your needs and be with you during each step of the process.
We constantly work towards our client’s goals. Our goal is not to be in a hurry to resolve your case and collect our legal fees. We take the time to get to know you and your expectations, so we can reach the outcome you want. You will be our top priority from start to finish.
If you suffered injuries in a truck accident, call Lowenberg Law Firm at (832) 241-6000 for a free consultation with one of our Houston truck accident lawyers.