Houston Truck Accident Attorney

In a complex truck accident case involving federal regulations and multiple potentially responsible parties, it is crucial to have an experienced truck accident lawyer by your side 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 Houson truck accident lawyer from Law Offices of Willie D. Powells III can help negotiate compensation far beyond what you might be able to get on your own. An at-fault trucker’s insurance company may try to 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 that you are not being taken advantage of by the trucking company or its insurance carrier. What’s more, a lawyer can help to keep communication professional when you might be feeling very angry and upset about the accident.

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 properly train, supervise, or monitor their drivers.
• 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, they may be held 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 played a role in 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. 

In order 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 in a timely manner
• 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, or properly inspect their truck, or if they 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 to establish these facts by performing a thorough investigation. This may mean delving into the truck driver’s personal life, requesting truck maintenance records, analyzing electronic data (often referred to as “black box” data), 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 amount of 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 a maximum of 14 consecutive hours following 10 consecutive hours off duty. Within this 14-hour window, they are allowed to drive for up to 11 hours. 

Additionally, drivers must take a 30-minute break after 8 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 7 consecutive days or 70 hours on duty over 8 consecutive days. After reaching these limits, drivers must take a rest period of 34 consecutive hours before starting a new on-duty cycle.

For passenger-carrying drivers, the rules are slightly different. They can be on duty for up to 15 hours following 8 consecutive hours off duty and are permitted to drive for up to 10 hours within this period. Passenger-carrying drivers do not have a mandatory 30-minute break requirement, but they must still 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 that drivers adhere to the required rest periods. Non-compliance can result in penalties, including fines and out-of-service orders.

Call (281) 881-2457 or contact us online today to get started.

What Compensations Can Be Received by Filing a Truck Accident Claim?

Building a good case will help you fight for compensation to cover medical care, property damage, pain and suffering, and other economic and non-economic damages. Medical damages can include hospital expenses, rehabilitation, and physical therapy. 

Aside from medical costs, you may also be awarded damages for loss of income and future income, if your injuries resulted in a temporary or permanent disability that prevents you from working or working in the same capacity that you used to. Damages for mental health and emotional harm may also be awarded. 

Some common examples of damages in truck accident injury cases include: 

• Emergency medical care 
• Ambulance and hospital fees
• Ongoing and future medical care
• Prescription and over-the-counter medications
• Medical equipment and devices, such as prosthetics 
• Past and future physical and mental pain and suffering 
• Lost income, wages, and employment-related benefits 
• Loss of earning ability and expected future earnings/benefits 
• Emotional distress, trauma, post-traumatic stress disorder (PTSD), etc.
• Costs associated with part-time or full-time in-home assistance and/or care 

Accidents involving loaded trucks and passenger cars too frequently result in the death of someone in the car. When this occurs, the spouse, parents, and children may file a wrongful death lawsuit to recover damages related to the accident. 

Damages that could possibly be recovered include:

• Funeral expenses
• Medical costs due to the accident
• Loss of the deceased person’s companionship, comfort, and guidance
• Emotional damages and sorrow
• Lost wages and financial contributions such as medical insurance
• Punitive damages for the truck driver

 The loss of a close relative is devastating. In this circumstance, you should be able to focus on recovering from the loss of a loved one, not fighting in court for your case. A wrongful death lawsuit requires communicating with the family to explain everything that is going on legally but also to listen to family members who are going through unimaginable hardship and support them emotionally. This is really the heart of Willie D. Powells III’s law practice: expertise and empathy.