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What you need to know about Texas truck accident fault, claims, and settlements

Featured Texas Truck Accident Lawyers BadgeLarge truck accidents are often catastrophic, resulting in severe injuries that require costly and intensive medical treatment. Victims of these accidents are often left with a heavy financial burden. Unfortunately, many Texas truck accident victims have their claims denied or are offered settlements that are a lot less than what they need or deserve.

Truck accident victims should protect their health and right to financial compensation by contacting an experienced lawyer as soon as possible for a free consultation. A knowledgeable Texas truck accident attorney can explain how the law applies and help crash victims decide what steps to take next.

Read more about how a Texas truck accident lawyer can help:

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Smith & Hassler

Smith & Hassler, with an address at 1225 N Loop W #525, Houston, TX 77008, was founded in 1989 by Michael Smith and Albert M. Hassler III. Specializing in personal injury, truck accidents, car accidents, and more, the firm has an impressive track record of settlements. These include $1.38 million for two clients who sustained mild traumatic brain injuries in an 18-wheeler collision, $175,000 for a client who sustained a back injury in an 18-wheeler collision, and $137,000 for a client who was rear-ended by an 18-wheeler. Their commitment to client service is evident through features like live chat available in Spanish and their central Houston location.

Hoover Rogers Law, LLP

Established by attorneys Benjamin Hoover and Grant Rogers, Hoover Rogers Law, LLP, is situated at 711 Indiana Ave, Wichita Falls, TX 76301, and another location in Lawton, OK. They focus on truck accidents, car accidents, personal injury, and more. What sets them apart is their dedication to understanding clients as individuals, not just case files. With over 20 years of combined local legal experience, they provide 24/7 live chat support and prioritize building relationships with clients for effective representation.

Weinstein Law

Located at 518 E Tyler St Suite 100, Athens, TX 75751, Weinstein Law specializes in truck accidents, car accidents, personal injury, and related areas. Notable settlements include $122,750 for an 18-wheeler wreck with a head injury and $35,159 for an 18-wheeler wreck resulting in a knee/leg injury. Offering website translation to Spanish, the firm underscores its commitment to client service. Every client receives Jeff Weinstein's cell phone number, reflecting their emphasis on accessibility and service.

Rad Law Firm

The Rad Law Firm is located at 8001 Lyndon B Johnson Fwy Suite 300, Dallas, TX 75251, and has other offices in Houston, Austin, Brownsville, and Los Angeles. This firm was established in 1992 and specializes in 18-wheeler accidents, auto accidents, and truck accidents, among others. Their "Clients First" philosophy is evident through their 24/7 live chat support and display of client testimonials. With a strong presence in multiple locations, they prioritize their clients' interests.

Coby L. Wooten, Attorney at Law, P.C.

Coby L. Wooten, Attorney at Law, P.C., based at 1301 Ballinger St #100, Fort Worth, TX 76102, focuses on car, truck, motorcycle, and wrongful death accident cases. Notable settlements include $1.155 million for a client rear-ended by a semi-truck. Attorney Coby Wooten's inclusion in Fort Worth, Texas magazine's "Top Attorney" list seven times highlights his legal presence. With a track record of securing substantial settlements and verdicts, the firm offers experienced and dependable legal representation.

The Herrera Law Firm

Founded by Frank Herrera Jr., The Herrera Law Firm, located at 1800 W. Commerce St., San Antonio, TX 78207, specializes in truck accidents, car accidents, personal injury, and more. They offer a website translation to Spanish and showcase client testimonials. Known for their consistent support of charitable causes, they bring a client-focused approach to the legal profession.

John R. Solis, Attorney at Law

John R. Solis, Attorney at Law is situated at 2620 San Bernardo Ave, Laredo, TX 78040. This firm was established in 2008 and brings years of courtroom experience to personal injury cases. This includes truck accidents, car accidents, and personal injury claims. They offer live chat and Spanish translation for accessibility and work on a contingency fee basis, ensuring clients receive legal representation without upfront costs.

Tracey Fox King & Walters

Tracey Fox King & Walters, located at 440 Louisiana St UNIT 1901, Houston, TX 77002, specializes in car and truck accidents, personal injury, and related areas. This firm isn’t afraid to take on large corporations. With settlements like $2 million and $1.250 million for truck accidents, they demonstrate their ability to help clients obtain fair settlements. Providing 24/7 live chat support, free case evaluations, and testimonials on their website, they prioritize client satisfaction and accessibility.

Baumgartner Law Firm

Greg Baumgartner founded Baumgartner Law Firm in 1985, operating at 6711 Cypress Creek Pkwy, Houston, TX 77069. The firm handles personal injury claims, including truck accidents, motorcycle accidents, auto accidents, and wrongful death cases. With settlements like $5.75 million, $5 million, and $3.55 million in truck accident cases, they offer over 35 years of experience and a strong record of results. Recognized by multiple legal organizations, they are known for their dedication to client success.

A truck can cause an accident for a variety of reasons: trucker error, defective equipment, or cargo issues. Here are some common reasons why semi-trucks, garbage trucks, and box trucks cause serious accidents:

  • Driver fatigue
  • Lack of maintenance
  • Overloaded cargo
  • Truckers driving under the influence of drugs or alcohol
  • Trucker error or inexperience

An experienced Texas truck accident lawyer can conduct a thorough investigation that gets down to the truth of what happened – whether the insurance and trucking companies want to cooperate or not.

Where do truck accidents happen in Texas?

Most major truck accidents in Texas happen on highways, many of which are on the federal Primary Highway Freight System or PHFS. In Texas, highways where multiple truck accidents have been known to occur include:

  • Houston – I-69, I-10, US-290, TX-225
  • Dallas Fort Worth – I-635, I-820, I-35, I-45, I-20, I-30
  • Austin and San Antonio – I-410, I-35, I-10, I-37
  • Midland and Odessa – I-20

Car accidents and truck accidents may seem similar, but for crash victims, there are significant differences.

  • The size of large trucks increases injury severity and the risk of a fatal accident. Common serious truck accident injuries include traumatic brain injuries (TBIs), fractured bones, burns, head injuries, spinal cord injuries, and loss of limbs.
  • Different federal and state laws apply to the trucking industry, affecting who is liable and why.
  • More than one party is often involved and may be at fault in a single truck accident. And each party has their own insurance providers and lawyers.

Experienced Texas truck accident attorneys understand the unique situation, evidence, and legal standards that apply to truck accident compensation. They know the strategies necessary to investigate out-of-state companies and collect records from the companies and drivers.

What are the laws that affect truck accidents in Texas?

The Federal Motor Carrier Safety Administration (FMCSA) and the state establish regulations that govern the trucking industry, vehicles, and truckers operating in Texas. The following laws may apply in the event of a Texas truck accident:

  • Hours of Service (HOS)
  • Black box
  • Employee standards
  • Vehicle maintenance requirements
  • Texas CDL requirements
  • Maximum vehicle and cargo weights in Texas

A lawyer can investigate whether state or federal trucking laws were broken, which can strengthen your claim for injury compensation.

Who is at fault for a truck accident in Texas?

After a truck accident, multiple investigations are conducted to determine fault – and each one can come to a different conclusion. Official police crash reports, crash site evidence, witness statements, and expert testimony are evaluated. Then all involved parties are assigned a percentage of fault for the accident. After a truck accident, liable parties may include:

  • Trucker
  • Truck owner
  • Trucking company (employer)
  • Cargo owner
  • Cargo loaders
  • Maintenance crews
  • Defective truck parts manufacturers

There are a few factors that determine truck accident compensation in Texas - the type of injury, the severity of the injury, and liability for the wreck. In general, the more serious an injury is and the greater its impact on a person's ability to work and enjoy life, the more compensation they will receive. In general, injured truck accident victims in Texas can get financial compensation for:

  • Injury-related medical expenses
  • Lost wages
  • Diminished earning potential
  • Pain and suffering
  • Emotional distress
  • Disability equipment purchase and installation
  • Rehabilitation services
  • Damaged property

If it was a fatal truck accident, the victim’s family may also be eligible to recover funeral expenses and other damages.

The average truck accident settlement can be upwards of tens of thousands to hundreds of thousands of dollars. Some truck accident claims result in multi-million dollar settlements. To get an estimate on what an individual claim is worth, a truck accident victim should schedule a free consultation with an attorney with a reputation for winning maximum compensation.

How long do I have to file a truck accident lawsuit in Texas?

With some exceptions, Texas truck accident lawsuits must be filed within two years of the crash. Sometimes, circumstances significantly reduce this window of opportunity to take legal action. Any claim filed after the two-year statute of limitations expires can be dismissed. To understand which legal deadlines apply to a specific Texas truck accident, consult an attorney.

When you're in a truck accident, the trucking company and insurance companies may try to avoid responsibility and deny your claim. An experienced Texas truck accident lawyer can help even the playing field by investigating your crash, searching for evidence, and taking legal action to preserve records.

Studies show that, on average, people who consult lawyers collect more in damages than those who do not. This is true even after the attorney’s fee is paid. In Texas, truck accident attorneys typically work for a contingency fee. That means there are no upfront costs or out-of-pocket expenses for their service. And if they don’t win, you don’t pay.

Do not try to take on the insurance company and trucking industry alone. Contact a Texas truck accident lawyer with a track record of success and schedule your free case consultation today.

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