Truck Accident Litigation in Texas
Key Takeaways
- Truck accident litigation is more complex than car crash claims.
- Multiple parties may be liable, including drivers, trucking companies, and cargo loaders.
- Federal trucking regulations play a major role in determining fault.
- Critical evidence must be preserved quickly after a crash.
- Severe injuries often require significant compensation.
- An experienced truck accident lawyer can investigate, handle insurers, and build a strong case.
- The Callahan Law Firm offers experienced representation and free consultations.
Collisions involving large commercial trucks in Texas often lead to catastrophic or even fatal injuries. When an 18-wheeler strikes a passenger car, occupants in the car all too often end up with life-altering injuries, enormous medical bills, and lengthy recovery periods that prevent them from working and supporting their families.
If you or a loved one has been hurt in a collision with a commercial truck in Texas, The Callahan Law Firm wants to help you. Our experienced trial lawyers stand ready to fight to hold negligent parties accountable and pursue the full compensation you deserve.
Contact us today or call us anytime at (713) 589-7767 for a free consultation with our Houston truck accident attorneys. Our office is conveniently located at 440 Louisiana St #2050, Houston, TX. Visit us! We take your injury personally.
What Is Truck Accident Litigation and What Makes It More Complex?
Truck accident litigation is the legal process of pursuing compensation through the court system after a collision with a commercial truck. The truck crash litigation process becomes necessary when insurance companies refuse to offer fair compensation or deny valid claims entirely.
Several factors make truck accident litigation more complex than typical car crash claims, including:
- Multiple potentially liable parties – A truck accident lawsuit can involve not only the driver and the trucking company, but other entities as well, including a shipping broker, the cargo loading company, the truck manufacturer, a maintenance provider, or other parties who caused or contributed to the collision.
- Federal trucking regulations – The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules that govern the trucking industry, and violations of these regulations can play a major role in determining fault.
- Corporate insurers with deep pockets – Large trucking companies typically carry substantial insurance policies, often with limits of $1 million or more. They employ teams of lawyers and investigators to minimize payouts.
- Severe injuries requiring extensive compensation – The serious nature of truck crash injuries often means victims need significant compensation for medical care, lost income, and other losses.
- Complex evidence – Critical evidence like electronic controle module (“black box”) data, logging device data, maintenance records, and driver qualification files must be quickly secured before it disappears.
Understanding Truck Accident Legal Proceedings in Texas
The Federal Motor Carrier Safety Administration (FMCSA) has mandatory safety standards for commercial trucking operations that apply to truck drivers and trucking companies in every state, including Texas.
These regulations include rules about:
- Driver qualification and licensing requirements
- Hours of service (HOS) limitations to prevent fatigued driving
- Vehicle inspection and maintenance schedules
- Drug and alcohol testing protocols
- Cargo securement standards
- Electronic logging device usage
When trucking companies or truck drivers violate federal regulations, such violations can help to establish that they acted carelessly and should be held responsible for the resulting harm. Our attorneys, with experience in Texas truck accident cases, know how to use violations of trucking regulations to build a strong case.
Starting Litigation After a Truck Collision
Knowing what to do after a serious truck crash can make or break your case for compensation.
Take the following steps to optimize your health and your potential truck accident claim:
- Seek medical attention immediately.
- Contact a qualified truck crash personal injury lawyer at The Callahan Law Firm as soon as possible.
- Save any photos, videos, witness contact information, or other materials from the scene.
- Avoid allowing the insurer to take a recorded statement without consulting an attorney from our law firm.
- Do not accept a quick settlement offer, as it is unlikely to cover the full extent of your losses.
Identifying Liable Parties and Gathering and Preserving Evidence
Unlike simple car crashes with one at-fault driver, commercial truck collisions often involve several responsible parties.
Including the following examples:
- The truck driver for violating traffic laws, driving while fatigued or impaired, or engaging in distracted driving
- The trucking company for inadequate training, pushing drivers to violate hours of service rules, or failing to maintain their fleet properly
- Cargo loading companies for improperly loaded or secured cargo
- Truck or parts manufacturers for defective components that contribute to collisions
- Maintenance and repair shops for failing to properly service trucks or missing critical safety issues during inspections
The investigation to determine who is at fault for a commercial truck accident includes thoroughly analyzing evidence from the accident scene. In addition, truck accident investigations also involve looking into driver qualification files, employment records, and vehicle maintenance logs. We often retain industry specialists and accident reconstruction experts, among others.
The Truck Accident Legal Process from Filing to Resolution
Truck accident litigation follows several stages, each with its own challenges:
- Filing the lawsuit – Your skilled truck accident attorney will prepare and file a complaint or petition in court that explains what happened, the causes of action, identifies the responsible parties, and states the compensation you are seeking.
- Discovery phase – Both sides exchange evidence and information through written questions, document requests, and depositions.
- Settlement negotiations – Many cases reach resolution through negotiated agreements, often after defendants see the strength of the evidence against them.
- Trial preparation – If settlement talks fail, your attorney will further prepare to present your case in court.
- Trial – Each side presents its arguments and evidence, and the court or a jury then decides who was at fault and what compensation should be awarded.
Why You Need Our Truck Accident Litigation Attorneys
For over 30 years, The Callahan Law Firm has focused exclusively on representing individuals and families in personal injury claims. We purposefully limit the number of cases we accept so we can devote the time, attention, and resources each case deserves. We will focus on your specific situation and fight to level the playing field against corporate and insurance company bullies.
Our commitment to thorough preparation has earned us a reputation for courtroom success. Attorney Michael S. Callahan is board certified in personal injury trial law, a distinction held by fewer than 2 percent of Texas lawyers. Partner Casey M. Brown‘s background in defense law provides valuable insight into the tactics insurance companies use in serious injury claims.
Our dedication is reflected in our case results. We have recovered substantial compensation for clients across Texas who were hurt in commercial vehicle accidents. Let us put our experience, resources, and resolve to work for you now.
Contact The Callahan Law Firm for Experienced Representation
If you or someone you love has been injured in a collision with an 18-wheeler, concrete truck, dump truck, delivery truck or other commercial motor vehicle, you need experienced attorneys who will fight for your rights in a truck accident claim. The Callahan Law Firm is ready to support you every step of the way after a Texas truck accident.
Contact us today or anytime at (713) 589-7767 for a free consultation with an experienced truck accident attorney, and let us get started on your truck accident lawsuit.