TRUCK ACCIDENTS

If you’ve been injured in a truck crash, you may be entitled to compensation. Trucking companies and their employees have a responsibility to keep other drivers safe on the highway. When they fail to fulfill this responsibility, they can be held liable for their actions.

Because of their size and weight, large trucks such as 18-wheelers, big rigs, tractor trailers or box trucks, can be particularly dangerous on our roadways. And in an accident, these vehicles pose unique challenges that can only be overcome with experienced legal counsel. Some of these challenges have to do with the extensive damage and injuries that large trucks can cause. Large damages cost the trucking companies money, so they are motivated to aggressively fight your claim.  There are many other challenges which result from the complex system of state and federal laws which govern commercial (trucks) vehicles.

Since 1998, we have been protecting the rights of injured clients. Our experience helps us maximize settlements to ensure victims and their families are taken care of now and in the future.

Call our truck accident attorneys today at 713-222-WEST (9378) for a free consultation, or tell us online about the crash.

Our lawyers work on a contingent-fee basis, which means you don’t pay anything unless we win your case.

Truck wrecks come with a mess of regulations and corporate interests that typical car crashes don’t. Because of their commercial function and the risks they pose, trucks are subject to regulations beyond those that apply to personal vehicles. Some truck regulations are nationwide (federal) and apply across the country. Other rules vary from state to state and thus depend upon the exact location of the accident. This makes for a complex legal situation in the event of a crash – one that requires an expert truck accident attorney to navigate successfully.

The trucking industry is as complicated as the legal system. It consists of many moving parts: a large distribution chain that includes drivers, employers, cargo loaders, maintenance crews, and parts manufacturers. Each link of the chain has an important role to play in the transportation of goods across the county. They each play an important role in the overall safety of the trucking industry’s operations. 

When part of the chain is compromised, responsible parties can be held responsible for damages. In some cases, multiple parties are liable for a truck wreck. When trucking companies are potentially liable, they hire powerful teams of attorneys to defend their financial interests. The multiple insurers involved act just as aggressively to conserve their money.

It’s common to have multiple insurance companies involved in negotiating a settlement after an accident involving a large truck. Unfortunately, without an experienced truck crash attorney, victims could miss out on important sources of payment.

An attorney with the necessary industry knowledge, like ours at West & West, will know how to investigate your accident, prove the at-fault parties are liable and demand a comprehensive financial settlement for your case.

Why Choose Us?

West & West has protected the rights and interests of accident victims in Texas for decades. With a family lineage in law, vast legal experience, we can approach your case with both confidence and compassion.

The successes of West & West have allowed us to grow and serve a wide client base across the region. With a small, close-knit staff, West & West focuses developing a personal relationship with each client, we energetically pursue compensation for Texans who need it. The attorneys and staff at West & West are tireless advocates for our clients. We firmly believe in an educated and informed client. That’s why we go the extra mile to make sure that all of our clients understand what is happening with their case. 

Our years practicing law in Harris, Galveston, Montgomery, Ft. Bend, Brazoria and surrounding Counties have won us a deep understanding of the region’s trucking rules and regulations. We put this understanding to use in all the truck accident cases on our docket, and to the advantage of our clients.

We settle the vast majority of our truck accident cases before they go to court, which makes the process more comfortable for our clients. Nonetheless, if it proves necessary in your case, we have and will represent our clients’ interests aggressively through trial, in order to win you the fair compensation our clients’ deserve.

West & West has often won large settlements for our clients. In total, we’ve earned multiple millions in settlements and verdicts for our clients. Of course, your specific claim is unique and outcomes may be different. There can be no guarantee of outcome. (If any lawyer tells you different, they are not being truthful.) One of our attorneys will evaluate your accident and determine what kinds of compensation you might be eligible for.

At the West & West, our truck wreck lawyers can help you pursue compensation for:

• Medical bills (past and future);

• Property damage;

• Lost wages (past and future);

• Pain and suffering (past and future);

• Funeral expenses in the event of a wrongful death; and

• Others, depending upon your specific facts.

If you have been injured by a commercial motor vehicle or other heavy transportation truck, you need a law firm that understands truck-industry rules and regulations.

If you have been injured, you need West & West. Call 713-222-WEST (9378) for a free consultation, or contact us online.

We Help Truck Accident Victims Across Texas

We serve clients throughout the state, including in:

Trucking Laws, Rules, and Regulations

Generally, commercial motor vehicle (CMV) and ‘large trucks’ refer to vehicles with a gross vehicle weight rating (GVWR) greater than 10,000 pounds. This might include several types of vehicles, such as semi-trucks, tractor-trailers, flatbeds, 18-wheelers, buses, large shuttles, delivery trucks, etc.

These vehicles often include features that make them particularly dangerous on the road and in an accident. For example:

• Trucks require longer stopping distances;
• Cargo can shift and affect the maneuverability of a truck;
• Large trucks often transport dangerous or hazardous materials; and
• CMVs are often equipped with air brakes (as opposed to hydraulic brakes), which can be dangerous if not properly maintained.

Because of these and a number of other features, operating and maintaining a commercial motor vehicle (CMV) isn’t easy. It comes with responsibilities that exceed what’s expected of other drivers and enforced by both state and federal regulations. These regulations address the heightened risk that CMVs pose to other drivers on the road. They are meant to minimize the possibility of large truck drivers causing collisions with personal vehicles.

For example, commercial truck drivers:

• Are required to maintain a current commercial driver’s license
• May not exceed daily driving limits
• Can’t drive fatigued
• May not drive under the influence of alcohol or drugs
• May not overfill a truck beyond its maximum
• Are responsible for regular brake and tire inspections

Furthermore, there are rules and regulations that reach beyond driver behavior—these rules must be followed by other members of the supply chain to ensure safety on our roadways. For example:

• Trucking companies must make sure that hazardous materials are appropriately labeled, classed, described, packaged, and marked.
• Employers must routinely have their drivers submit to drug and alcohol testing.
• All trucking companies must maintain a mandated level of insurance.
• Records of maintenance must be kept and organized.
• Employers can only hire healthy, qualified, English-speaking drivers; they must also keep a record of each driver’s route, their hours, traffic violations, crashes, and drug screening test records.

There are lots of ways things can go wrong in the trucking industry. But if these rules are followed closely, it may help to limit drivers’ and their employers’ liability in the event of a crash.

On the other hand, if a driver or trucking company fails to follow all of the rules and regulations, they may be held responsible for any injuries and/or damages that they cause.

If you have been involved in a truck crash, an experienced truck accident attorney at West & West can conduct an investigation into whether any regulations were broken and how it contributed to the crash. From there, we can help you determine the best path to compensation for the damages you have suffered.

Federal Motor Carrier Safety Regulations

When prosecuting a trucking accident in Texas our lawyers will look into all aspects of the company’s employment practices. The FMCSR govern the hiring process and requirements, annual safety reviews on the drivers, Inspection and Maintenance requirements for the tractors and trailers; 1) the number of hours the driver can safely drive; 2) alcohol and drug use testing; 3) what safety equipment and procedures to use in the event of a break down; and 4) how long the trucking company must retain their records.

      If the trucking company is in violation of the federal regulations it could significantly improve the chances of successful litigation, especially in disputed cases. An examination of each requirement is the best practice for a Texas tractor trailer attorney.

I. The Hiring Process:

Under section 391.21 of the Federal Motor Carrier Safety Regulations, a trucking company is required to maintain a document called a driver qualification file. Each employer is required by law to inquire into each of its prospective employees, the following:

a) prior driver’s licenses held;
b) the applicant’s experience;
c) a list of all crashes in the prior three years and any injuries caused;
d) a list of all traffic tickets for the past 3 years;
e) an explanation of prior license suspension;
f) a list of the prior employers for the last three years including the reason for leaving each.

The company also has to contact prior employers to verify whether the driver had safety or substance abuse issues. Further, the company is required to send a request to the department of motor vehicles for a three-year driving history, and this request has to be refreshed every year on the anniversary of the driver’s hiring.

The trucking company is required to give the truck driver a medical exam. This is to ensure that the prospective drivers health does not pose an unnecessary risk to the public at large.

II. Annual Safety Reviews

Under section 391.25 of the Federal Motor Carrier Safety Regulations, a trucking company is required to make an annual review of the trucker’s record, which includes the following:

(a) request the driving record from the DMV for each driver, specifically looking for motor vehicle accidents; and
(b) review each driver’s driving record.

III. Inspection and Maintenance

Under section 396.3 of the Federal Motor Carrier Safety Regulations, states that “…every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles…”  The findings of any inspection must be recorded and maintained for at least one year.

Prior to the operation of any tractor trailer, the driver is tasked with a pre-trip inspection. Also, under section 396.11 of the Federal Motor Carrier Safety Regulations, it is required that each truck driver to prepare a report, in writing, at the completion of each day’s work, on each vehicle operated. The report must cover any issue with the brakes, lighting, reflectors, steering, tires, wipers, mirrors, and emergency equipment.

Types of Wrecks

There are so many regulations in place to encourage trucking safety because there are so many types of accidents that result when the rules are disregarded or improperly followed. Sometimes, a crash can be credited to one particular misstep by a driver and/or the trucking company. In other cases, multiple parties cause a crash. 

When pursuing compensation for the damages caused by a truck accident, it’s important to describe the kind of wreck that happened accurately. A thorough investigation and determination of the kind of crash will point towards the most fruitful sources of compensation.

For instance, if a truck driver was drunk at the time of an accident, your attorney may decide to seek compensation from that individual and their insurance company. In other scenarios, like if a vehicle was poorly maintained, the truck’s owner may also be held liable. Some crashes are caused by faulty machinery, meaning a manufacturer of a truck part may be held financially responsible.



There are four terms commonly associated with tractor trailer crashes on Texas roadways are as follows:
 
1)   No-Zones: These are blind spots commonly found with large

trucks or tractor trailers. These blind spots are located at different points including the front, back and sides of the truck. If, at any time, a vehicle enters into the “No-Zone” the driver of the tractor trailer would be unable to see it.

2) Squeeze Play: We have all seen when a tractor trailer makes a right turn they have to first enter the left hand lane. The problem occurs when tractor trailer drivers are unable to see cars directly behind them or to their immediate left.

3)  Stopping Distance: Because of their size and weight tractor trailers have different stopping distances than typical passenger vehicles. When traveling at high speeds the stopping distance increases significantly.

4) “Off-Track”: Off-track describes when a tractor trailer makes a right-hand turn at a higher speed than safe and turns into the left hand lane.

Here are a few of the possible causes of truck accidents:

1) Speeding or driving too fast for road conditions;

2) Driver fatigue;

3) Improperly trained or inexperienced driver;

4) Driver under the influence of drugs or alcohol;

5) Aggressive driving;

6) Driver with a history of dangerous or reckless driving;

7) Oversized or overloaded vehicle;

8) Rollover Accidents;

9) Jackknife Accidents;

10) Underride Accidents

Recognize different causes of truck crashes is critical to pursuing compensation after a wreck successfully. At West & West, our truck accident attorneys understand trucking and how to investigate their operations. We will determine the cause of your crash and who can be held financially responsible for it.

Contact West & West

If you’ve been in an accident involving a large truck or a commercial vehicle, you don’t have to fight the truck driver or trucking company on your own. A West & West attorney will stand by your side and help you secure the compensation you deserve from these well-resourced companies. We will protect you from their aggressive, money-conserving tactics.

Truck crashes often result in complex legal disputes with multiple insurance companies. An experienced injury lawyer can protect your rights and help ensure no money is left on the table.

If you’ve been injured in a truck accident, our truck wreck lawyers have the knowledge and resources you need to secure compensation.



Even if you are unsure of whether you want to pursue legal action at this time, we can talk you through the legal options available to you for financial recovery. We understand that you have difficult decisions to make in the aftermath of your accident. We want you to be informed, so we offer free, no-obligation consultations to all potential clients.