Truck Accident Attorneys in Houston, Texas
Trucks are massive compared to passenger cars, which institutes dangerous and devastating accidents. A collision with a truck can result in debilitating injuries and long-term consequences, not to mention that some victims of truck accidents do not survive the crash.
As one of the biggest trucking hubs in the nation, Texas is no stranger to trucking accidents. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA), Texas leads the nation in the number of truck accidents and fatalities.
If you or a loved one is in an accident with a truck in Houston, Texas, or other parts of the Lone Star State, you know how severe truck accidents can be. At Ellis & Thomas, PLLC, our knowledgeable truck accident attorneys in Houston, Texas, can seek to help you pursue the compensation you deserve. We also serve accident victims in Montgomery County, Harris County, Brazoria County, and Fort Bend County, Texas.
Laws Affecting Truck Accidents
Compliance with federal and state laws will have a massive impact on the likelihood of a truck accident and the determination of liability. Laws that affect truck accidents in Texas split into two broad categories:
Federal laws. The vast majority of federal trucking laws that affect commercial trucks and trucking companies in the United States are in Title 49 of the Code of Federal Regulations. Federal laws affecting the trucking industry are governed by the FMCSA. These laws possess standards for truck drivers, owners, carriers, and cargo loaders.
State laws. Every state has its own set of laws that affect the trucking industry. Typically, these laws set speed limits for trucks, vehicle inspection rules, driver licensing requirements, and other regulations.
One of the most fundamental state laws that may affect truck accidents is the statute of limitations. When a victim of a truck accident sustains a personal injury, the victim has a specific time to pursue a legal compensation claim. The time limit is known as the statute of limitations. In Texas, injured victims have only two years from the date of the accident to bring a lawsuit.
Assessing Liability After a Truck Accident in Houston, Texas
To obtain compensation following a truck accident, the injured party needs to prove the at-fault party’s liability. Determining liability is one of the most complicated aspects of handling a truck accident case, mainly because there may be multiple liable parties. Depending on the circumstances of the accident, liable parties may include:
The truck driver: The driver was negligent or violated federal or state laws.
The other driver: The driver’s negligence caused or contributed to the truck accident.
The trucking company: They failed to comply with federal or state laws (e.g., training or hiring requirements, hours of service violations, improper inspections or maintenance, etc.)
The person or entity that loaded the truck: The person/entity improperly loaded cargo.
The manufacturer of the truck or its parts: The vehicle or its equipment was defective.
In many cases, a victim may hold the trucking company responsible for the accident under the doctrine of respondeat superior unless the company does not employ the trucker.
When assessing liability after a truck accident in Houston, Texas, the at-fault party or insurance company may argue that the victim was partially at fault for the collision. Texas law follows the rule of modified comparative negligence, and the damages amount awarded to the victim will be reduced in proportion to their degree of fault. However, if the victim’s degree of fault is greater than 51%, they will be barred from recovery.
A Personal Injury Claim After a Truck Accident
When seeking compensation after a truck accident, the injured party needs to file an insurance claim against the at-fault party. However, filing a personal injury claim against the insurance company may not bring you the full compensation to which you are entitled. For this reason, our attorneys may advise you to file a lawsuit after reviewing the details of your case.
While filing a lawsuit is a costly, risky, and time-consuming process, suing the at-fault party could be the only option to obtain fair compensation. Our experienced truck accident attorneys in Houston, Texas, can help you seek compensation for the following types of damages:
Past and future medical bills (the cost of medical care)
The loss of income
Diminished or lost earning capacity
Loss of enjoyment of life
Pain and suffering
Loss of consortium
If the truck accident led to the death of your loved one, you can be entitled to compensation by filing a wrongful death lawsuit. Discuss your unique case with our skilled attorneys to explore your legal remedies and options for financial compensation.
Truck Accident Attorneys in Houston, Texas
As a team of experienced truck accident attorneys, we represent accident victims and their families in Houston, Texas, and surrounding counties. At Ellis & Thomas, PLLC, we assist clients with investigating the cause of the crash, identifying all liable parties, and taking care of other legal aspects of the claims process. We understand what you and your loved ones are going through. Our team serves clients throughout Texas, including Montgomery County, Harris County, Brazoria County, and Fort Bend County.