Houston Truck Accident Attorney

In a complex truck accident case involving federal regulations and multiple potentially responsible parties, having an experienced truck accident lawyer by your side is crucial as soon as possible. The trucking company may have a team of lawyers and insurance adjusters on the scene momentarily after an accident involving one of its drivers. Trucking company representatives will fight to protect the driver and limit the company’s liability for your injuries.

A Houston truck accident lawyer from Law Offices of Willie D. Powells III can help negotiate compensation beyond what you might get along with. An at-fault trucker’s insurance company may rush the settlement process to get you to accept a lower sum—but you don’t have to take it. An experienced attorney will deflect lowball offers and work tirelessly to ensure you are not being taken advantage of by the trucking company or its insurance carrier. What’s more, a lawyer can help keep communication professional when you might be angry and upset about the accident.

Common Causes of Truck Accidents 

The most frequent errors that lead to truck accidents with other passenger vehicles include:

• Not allowing enough space between the car and the truck: Trucks can carry as much as 70,000 pounds of cargo, and it takes a significant amount of time and space for the truck tires to come to a stop.
• Going too fast for the road conditions, weather, or traffic: Speeding is much more than driving over the speed limit, especially for a loaded truck. Our team will carefully inspect the crash site, get as much information as possible about the road and traffic at the time of the accident, measure skid marks, and gather other evidence to get a clear picture of what happened. 
• Failure to follow laws and regulations: Trucks must obey restrictions written into state law about how to drive safely and how many hours at a time a trucker can drive. Failure to follow these regulations, significantly if a crash with another vehicle ensues, can increase the liability of the trucker and the trucking company.
• Recklessness driving: Impatience, being late or rushed, and overconfidence in one’s driving skills can dramatically affect the truck driver's and others' safety on the road. Truck drivers should make conservative choices to avoid endangering others on the road.
• Fatigued driving: There are strict regulations about how many hours truckers can drive daily. However, drivers make money according to how long they spend behind the wheel. Trucking companies also must meet strict delivery and pick-up schedules. Even if the driver is tired, the tension of continuing to drive can lead to unsafe situations.
• Distracted driving: Texting, checking email, phone conversations with family members and friends, and communicating with the boss all eat away at a truck driver’s attention. Drivers should always maintain their focus and concentration.
• Drunk driving: Drunk driving is unsafe no matter what type of vehicle a person is driving. However, drunk driving while behind the wheel of a truck can have devastating effects.
• Overloaded and improperly loaded trucks: Truck cargo must be carefully and adequately loaded to avoid items shifting during transit. Overloaded and improperly loaded trucks can lead to loss of vehicle control, which may result in a range of serious accidents, including jackknife accidents.
• Poor truck maintenance and truck defects: Truck drivers are typically responsible for conducting regular truck inspections and reporting any issues. Failure to conduct proper truck maintenance can lead to problems that may result in an accident. Defective design and faulty truck parts can also lead to severe accidents. Examples include brake failure, tire blowouts, and acceleration issues. 

Houston truck accident attorney Willie D. Powells III and his staff methodically investigate every claim to determine the cause of the crash. Our team works hard to build a case against the truck driver and trucking company. Our experience with truck accidents means we can often find evidence that others may have missed. 

Common Injuries Caused by Large Truck Crashes

Based simply on the laws of physics, people in passenger vehicles are more likely to suffer severe injuries in a crash with a tractor-trailer, semi-truck, or 18-wheeler than in a similar collision with a smaller vehicle.  Common injuries caused by significant truck accidents include:

• Head, neck, and back injuries
• Traumatic brain injuries
• Broken bones/fractures 
• Amputated limbs or extremities
• Spinal cord injuries
• Severe burns
• Internal organ damage
• Rib and torso injuries
• Spine injuries, including paralysis
• Contusions and lacerations
• Seatbelt and airbag injuries
• Wrongful death

At the Law Offices of Willie D. Powells III PLLC, we understand the severe nature of these and other truck accident-related injuries. Our team works tirelessly to build strong cases for our clients, and we aggressively pursue maximum compensation on behalf of the injured and the families of those wrongfully killed. We are even prepared to take your case to trial if necessary. 

Do you need a trusted Houston truck accident lawyer to help with your case? Contact the Law Offices of Willie D. Powells III today for a free consultation and to discuss your legal options. Our experienced attorneys are here to help you navigate the complexities of your truck accident claim.

Who is Liable for a Truck Accident in Texas?

In Texas, liability in a truck accident can be attributed to various parties depending on the circumstances of the incident. Typically, the following entities may be held liable:

• Truck Driver: If the accident resulted from the driver's negligence, such as speeding, fatigue, or distracted driving, the driver may be held personally liable.
• Trucking Company: The company that owns or operates the truck may be held liable for the actions of its drivers, especially if it can be shown that they failed to train, supervise, or monitor their drivers properly.
• Maintenance and Repair Contractors: If the accident is caused by a mechanical failure due to inadequate maintenance or repairs, the responsibility may fall on the contractors responsible for the truck's upkeep.
• Cargo Loaders: Improperly loaded or secured cargo can lead to accidents. If a third party is responsible for loading the truck and their negligence contributes to the accident, the loader may be liable.
• Manufacturers: If a defective truck part or component contributed to the accident, the manufacturer of that part may be held responsible.
• Government Entities: In some cases, if poor road conditions or inadequate signage contributed to the accident, government entities responsible for road maintenance and safety may be held liable.

Determining liability in a truck accident can be complex and may involve multiple parties. It often requires a thorough investigation to identify the contributing factors and responsible parties.

Proving Negligence in a Truck Accident Case

Under Texas’s fault-based auto accident system, you must prove that someone else was at fault for the accident that caused your injuries to file a personal injury claim, even when the accident involves a large truck or commercial vehicle. 

To prove negligence in your truck accident case, you’ll have to show that:

• The defendant owed you a duty of care: Commercial truck drivers owe a duty of care on the road, meaning they are obligated to drive safely, follow all state and federal trucking regulations, and have their vehicle properly inspected and/or repaired as necessary promptly.
• The defendant violated the duty of care: The driver may have breached that duty of care if they failed to drive safely, secure their load, properly inspect their truck, or weren’t qualified to drive the vehicle.
• You were injured and suffered measurable damages: You must also prove that you were injured and that you suffered economic and/or non-economic losses, such as medical expenses, lost wages, lost earning ability, pain and suffering, and more. 
• The defendant’s negligent or wrongful conduct was the cause of your damages: To have a case, you must prove that your damages were caused by the defendant’s breach of the duty of care (e.g., their negligent or wrongful conduct) 

A good truck accident lawyer, like Willie D. Powells III, can help establish these facts by conducting a thorough investigation. This may mean delving into the truck driver’s personal life, requesting truck maintenance records, analyzing electronic data (often called “black box”), and/or taking extensive photographs.

Regulations Truck Drivers Must Follow

The Hours of Service (HOS) regulations for truck drivers in the United States are designed to prevent fatigue-related accidents and ensure the safety of both drivers and the public. These regulations, enforced by the Federal Motor Carrier Safety Administration (FMCSA), outline the maximum time drivers can spend on duty and the required rest periods they must follow.

For property-carrying drivers, the HOS regulations stipulate that drivers can be on duty for 14 consecutive hours following ten consecutive hours off duty. Within this 14-hour window, they can drive for up to 11 hours. 

Additionally, drivers must take a 30-minute break after eight cumulative hours of driving if they haven't taken at least a 30-minute break by then. Drivers are also subject to a weekly limit, which restricts driving to no more than 60 hours on duty over seven consecutive days or 70 hours on duty over eight consecutive days. After reaching these limits, drivers must rest 34 consecutive hours before starting a new on-duty cycle.

The rules for passenger-carrying drivers are slightly different. They can be on duty for up to 15 hours following eight consecutive hours off duty and drive for up to 10 hours within this period. Passenger-carrying drivers do not have a mandatory 30-minute break requirement. However, they must adhere to the weekly on-duty limits of 60 hours over 7 days or 70 hours over 8 days, with the same 34-hour rest period required before restarting the cycle.

These regulations are crucial in promoting road safety by reducing the likelihood of fatigue-related accidents. Compliance with HOS regulations is monitored through logbooks or electronic logging devices (ELDs), which track driving hours and ensure drivers adhere to the required rest periods. Non-compliance can result in penalties, including fines and out-of-service orders.

Contact our Houston truck accident lawyer today for the legal support you deserve!