Houston, Texas Truck Accident Attorney

Reclaiming Your Life After a Truck Accident in Houston, Texas

Call Leeds Law Firm, PLLC at 713-322-9626 to schedule a consultation with a lawyer today.

What Are the Federal Motor Carrier Safety Administration Regulations?

The Federal Motor Carrier Safety Administration (FMCSA) establishes and upholds a diverse range of rules that are relevant to all commercial vehicles traveling across state lines in the United States. 

These vehicles encompass various types, such as semi-trucks, hazardous materials (hazmat) carriers, tanker trucks, flatbed trucks, buses, and others. These regulations define the expected conduct in many facets of the trucking industry, including:

• Licensing- Every commercial truck operator must possess the appropriate commercial driver’s license (CDL) and receive training specific to the type of vehicle they operate. Some specialized trucks, like those carrying hazardous materials (HAZMAT), may require an additional endorsement on the CDL. Companies must ensure that only properly licensed drivers operate their commercial trucks.
• Health Conditions- Licensed medical professionals must conduct thorough examinations of CDL applicants and renewal applicants to confirm they do not have any medical conditions that could compromise their ability to operate trucks safely. Conditions such as untreated heart disease, diabetes, seizure disorders, musculoskeletal problems, sensory impairments, or untreated sleep disorders are disqualifying. 
• Hours of Service- To combat fatigued driving, regulations dictate limits on the consecutive hours and days a driver can work without mandatory rest and sleep breaks. These rules, while complex, are essential for preventing drowsy driving accidents, and drivers and companies should be well-informed and compliant.
• Intoxicated Driving- Commercial drivers face stricter regulations regarding intoxicated driving, with a legal blood alcohol content (BAC) limit of 0.04 percent, lower than the 0.08 percent limit for non-commercial drivers. A DUI conviction, even outside of commercial driving, can lead to CDL suspension or revocation. Random and post-accident drug and alcohol testing is also mandatory for commercial drivers, with consequences for failed tests.
• Distracted Driving- Commercial drivers are prohibited from text-based messaging and face strict rules for hands-free communications. Activities like eating, drinking, using a smartphone, talking on a CB radio, grooming, and more can all be distracting. While some distractions may not violate regulations, they remain highly dangerous.
• Truck Inspections- Both drivers and companies are legally obligated to inspect and maintain their trucks regularly. Neglecting inspections or maintenance to save costs can result in dangerous situations, as a malfunctioning truck can lead to accidents due to factors like tire blowouts or brake failures.
• Size and Weight- The FMCSA establishes maximum weight limits for fully loaded trucks based on size and axles. In the United States, the standard maximum weight for commercial trucks is 80,000 pounds, barring special exceptions. Compliance with these weight limits is enforced through mandatory weigh stations to prevent accidents caused by overloaded trucks.

What Are the Different Types of Big Rig Accidents?

Big rig accidents, also known as semi-truck accidents, can involve a variety of collisions and incidents on the road. These incidents can result from many different factors and conditions, leading to a variety of accident types. Below are some of the different categories of big rig accidents:

• Rear-End Collisions- These occur when a big rig crashes into the back of another vehicle. They often result from factors like distracted driving, tailgating, or poor road conditions. Rear-end collisions can lead to serious injuries and vehicle damage.
• Jackknife Accidents- A jackknife accident happens when a semi-truck’s trailer swings outward, forming an L or V shape with the cab. This often occurs due to sudden braking or slippery roads and can involve multiple vehicles.
• Underride Accidents- These tragic accidents happen when a smaller vehicle becomes trapped beneath the rear of a semi-truck’s trailer. Inadequate underride guards on the truck can contribute to the severity of these accidents.
• Rollover Accidents- A big rig may roll over onto its side due to factors like speeding, sharp turns, or shifting cargo. Rollover accidents can have catastrophic consequences, often affecting multiple lanes of traffic.
• Blind Spot Accidents- Large commercial trucks have significant blind spots, which can result in accidents when other vehicles are not visible to the truck driver. These accidents may occur during lane changes or merging onto highways.
• Tire Blowouts- When a big rig’s tires blow out, it can lead to loss of control, swerving, and potential accidents. Tire blowouts can be caused by factors like worn-out tires, overloading, or road debris.
• Wide Turn Accidents- Semi-trucks require a significant amount of space to make wide turns, and sometimes, they may collide with vehicles in adjacent lanes while turning. These accidents often happen at intersections.
• Brake Failure Accidents- Malfunctioning or poorly maintained brakes can lead to accidents where a semi-truck cannot stop in time to avoid a collision.
• Cargo Spills- Improperly secured or overloaded cargo can shift during transit, causing the truck to become unstable or spill its contents onto the roadway, posing a danger to other vehicles.

What Causes Big Rig Accidents in Texas?

Big rig accidents can be caused by a variety of factors, including:

• Driver Error
• Human mistakes can lead to serious accidents, especially when driving a large and heavy vehicle like a big rig.
• Speeding. Speeding is a major cause of big rig accidents, as it can make it difficult for drivers to control their vehicles and react to hazards.
• Driver Fatigue. Driver fatigue is another major cause of big rig accidents. When drivers are tired, they are more likely to make mistakes and lose focus.
• Distracted Driving or Substance Use. Distracted driving and driving under the influence are also major causes of big rig accidents.
• Company Error
• Insufficient Training. Trucking companies must adequately train their drivers. If they fail to do so, they may be held liable for accidents caused by driver error.
• Inadequate Maintenance. Trucking companies must also properly maintain their vehicles. If they fail to do so, they may be held liable for accidents caused by mechanical failures.
• Other Factors
• Road Conditions. Accidents can occur on poorly maintained or slippery roads, often without any specific person being at fault.
• Mechanical Failures. Occasionally, vehicle parts can break or malfunction, leading to accidents, even when everyone involved in the truck’s operation has done their job correctly.

What Are the Most Common Big Rig Accident Injuries?

Big rig accidents can cause serious injuries, including:

• Traumatic Brain Injuries
• Spinal cord injuries, which can lead to paraplegia or paralysis
• Serious neck and back injuries
• Fractured bones, breaks, and dislocations
• Amputations
• Changes in appearance (disfigurement)
• Internal Injuries, including harm to organs or internal bleeding

What to Do Following a Big Rig Accident in Texas?

While many drivers are familiar with handling regular collisions, not everyone is aware of the proper procedure for dealing with a big rig accident. After a big rig accident, it is important to take the following steps during your recovery:

• Prioritize Medical Care. Make sure you’re okay before checking on others at the accident scene to ensure immediate medical attention if needed.
• Avoid Admitting Fault. Do not admit fault or sign anything without talking to a lawyer first.
• Report to Authorities. Report the accident to the police and notify your insurance company as soon as possible. Be careful about accepting early settlement offers, as they may be too low.
• Gather Information. Collect details from all drivers and witnesses, including driver’s license numbers, phone numbers, and other pertinent data.
• Document the Scene. Take photos and videos of the accident scene, including any damage to vehicles, the road conditions, and any other relevant details.
• Track Lost Time. Keep track of all time missed from work due to the accident, as well as any medical expenses or lost wages.

Who Can Be Held Liable for My Big Rig Accident Injuries?

Parties that could potentially be held responsible in a big rig accident case may comprise:

• Semi-Truck Drivers- Engaging in distractions, driving under the influence, operating while tired, breaking FMCSA rules, violating Texas traffic regulations, and other careless actions can result in determinations of negligence and responsibility on the part of truck drivers.
• Trucking Firms- Trucking companies can be held liable for accidents caused by their negligence, such as hiring unqualified drivers, failing to maintain their trucks, or encouraging unsafe driving practices.
• Big Rig Manufacturers- Big rig manufacturers can be held liable for accidents caused by defective truck parts.
• Other Parties- Other parties, such as mechanics or cargo loaders, can also be held liable for accidents caused by their negligence. 

It’s crucial to investigate whether there are responsible parties beyond the truck driver or the trucking company in such cases.

What is the Texas Statute of Limitations for Big Rig Accident Injury Claims?

In Texas, you must file a personal injury lawsuit within two years from the accident’s date. If you do not file your lawsuit on time, the court will likely dismiss your case.

Consequently, you lose your chance to pursue compensation in court permanently. This is why it is important to contact a Houston big rig accident attorney as soon as possible after your accident.

How Can I Prove Negligence in My Big Rig Accident Injury Claim?

To prove negligence in a big rig accident injury claim, you must show that the following elements were present: 

• Duty of Care- The defendant (typically the truck driver and/or their employer) owed you a duty of care. In the context of a big rig accident, this duty typically involves following traffic laws, maintaining control of the vehicle, and operating the truck safely.
• Breach of Duty- The defendant breached their duty of care. This can involve providing evidence that the truck driver engaged in negligent actions, such as speeding, reckless driving, distracted driving, or driving while fatigued.
• Causation- You must establish a direct link between the defendant’s breach of duty and your injuries. This means proving that the defendant’s actions were the proximate cause of the accident and your resulting injuries.
• Damages- You must show how the accident has harmed you, both financially and physically. This could include medical bills, property damage, lost wages, pain and suffering, and other economic and non-economic losses.

What Evidence Do I Need?

Considering the extensive range of state and federal regulations and the intricate nature of these claims, our legal team has a good grasp of trucking rules, relevant state statutes, and the basics of accident inquiry. This experience allows us to identify and gather crucial evidence. 

This evidence is essential for uncovering the accident’s causes, and reasons behind it, and identifying those who might be responsible for the collision. Some of the evidence we may use in your case includes:

• Police accident report
• Photos of the accident scene
• Statements from eyewitnesses
• Footage from surveillance cameras or dashcams
• Employment records of the truck driver, including experience, driving history, training, and past accidents
• Records from the trucking company, including dispatch and investigations
• Toxicology report of the truck driver (if an alcohol or drug test was conducted)
• Logs detailing the truck driver’s hours of service
• Information from the truck’s electronic data recorder
• Cargo manifest or load details
• Maintenance logs for the truck
• Accident reconstruction findings and reports
• Reports on vehicle damage and repairs
• Your medical records documenting treatment for accident-related injuries

What Are the Damages I Can Get for My Big Rig Accident Injury Claim?

If you or someone you care about has been injured in a big rig accident in Texas, you may be able to recover the following damages:

• Medical costs, including hospital stays, doctor’s visits, physical therapy, and medication
• Personal assistance, including home healthcare, housekeeping, and home maintenance support
• Income loss from missed workdays
• Diminished earning capacity if injuries prevent full-time or any return to work
• Decreased quality of life stemming from physical disabilities, disfigurement, or the inability to engage in previously enjoyed activities
• Pain and suffering
• Emotional distress
• Loss of companionship, which can be sought by your spouse for the companionship and closeness lost due to your injuries

You can also pursue reimbursement for harm to your personal belongings, such as the cost to repair or replace your vehicle.

Why Do I Need a Big Rig Accident Attorney in Texas?

Hiring an attorney for any legal issue is a wise choice. Yet, when it comes to a semi-truck accident, having our trusted Houston big rig accident attorney is crucial. These cases are exceptionally intricate and typically entail multiple parties.

That’s why we strongly advise having our personal injury attorney by your side for your case. Below, we outline the reasons why we recommend enlisting the services of our big rig accident lawyer in Houston.

• We investigate accidents and gather evidence on your behalf.
• We take care of all the paperwork, eliminating the risk of overlooking crucial details.
• We help you get the medical care you need and negotiate with insurance companies.
• Our team initiates the lawsuit on your behalf, relieving you of the burden and stress of filing.
• In case of an unfavorable verdict favoring the trucking company, we handle the appeals process when necessary.

Justice and Right Compensation for You Following a Big Rig Accident in Houston, Texas

In the realm of big rig accident cases in Texas, our trusted Houston big rig accident attorney stands as your steadfast ally. Our commitment is clear and concise: we are here to advocate for you, to ensure you receive the justice and compensation you rightfully deserve after a big rig accident. 

With a wealth of experience and a dedicated team of legal professionals, we have successfully navigated the complexities of these cases time and again, providing our clients with peace of mind and tangible results. If you’ve found yourself on the wrong side of a big rig accident in Texas, trust Leeds Law Firm to be your unwavering legal support. 

We’re not about lofty promises or extravagant claims. Our track record speaks for itself, as we’ve consistently secured fair settlements and judgments for those affected by big rig accidents. Our law firm can also represent you in Medical Malpractice, Nursing Home Abuse, Wrongful Death, and Retaliation.

Your path to resolution begins here, and together, we’ll navigate the intricate terrain of legal matters, ensuring that you get the justice you deserve.