Texas Truck Accident Attorneys Fighting For The Compensation You Deserve

Truck accidents can have a profound impact on your life. The devastating consequences can include severe injuries, significant financial losses and emotional burdens. At Badders Law Firm, P.C., we understand what you are going through. Founded in 1964 by Bill Badders, our firm provides personalized legal representation to people injured in truck accidents. You work directly with a dedicated attorney who will fight tirelessly for your rights.

Understanding The Severity Of Truck Accidents

Semi-trucks are much larger and heavier than passenger vehicles. An 18-wheeler can weigh up to 80,000 pounds, making it about 20 times heavier than the average car. These differences can make truck crashes particularly dangerous and lead to severe injuries or death. According to the National Safety Council, nearly 6% of all fatal crashes in 2022 involved large trucks.

Trucking companies and their insurance adjusters may begin acting quickly after a crash. Before giving a statement or accepting an offer, consider speaking with an attorney about your legal rights.

What Causes Truck Accidents?

Truck accidents can happen for many reasons, including:

• Driver fatigue
• Distracted driving
• Poor weight distribution or improper loading
• Inadequate training or supervision
• Mechanical failures or poor maintenance

Recent changes in national trucking regulations have allowed for longer driving hours, which can lead to increased driver fatigue and a higher risk of accidents. Additionally, trucks have specific issues like weight distribution that are less common in other vehicles. This poor weight distribution can make them harder to control in emergencies.

Understanding what caused the crash can help identify who may be responsible for your injuries and losses.

Who Can Be Held Liable For A Truck Accident?

Depending on the circumstances, several parties may share responsibility for a truck accident. These may include the truck driver, trucking company, dispatcher, loading company, maintenance provider or vehicle owner. A city, county or state may also bear responsibility in some cases.

Identifying all potentially responsible parties can be important because Texas law may reduce a person’s recovery based on their percentage of responsibility.

Why Are Truck Accident Claims More Complicated Than Car Accident Claims?

Truck accident claims may involve issues that do not come up in a typical car crash. These can include:

• Federal and state rules: FMCSA rules cover driver qualifications, hours of service, electronic logging devices (ELDs), truck inspections and cargo securement. For example, property-carrying drivers generally may drive for up to 11 hours after 10 consecutive hours off duty, within a 14-hour duty period.
• More records to review: A truck accident investigation may involve ELD data, maintenance records, dispatch messages, driver logs, GPS data, cargo records and other trucking company records.
• More than one party may be responsible: Depending on what caused the crash, responsibility may involve the driver, trucking company, truck owner, maintenance company, cargo company or other parties.
• Commercial insurance and defense teams: Trucking companies may have commercial insurance and may involve insurers or defense teams soon after a serious crash.
• Greater losses: Because trucks are much larger and heavier than passenger vehicles, crashes may cause serious injuries, long hospital stays and major financial losses.

These factors can make a truck accident claim more involved than a typical car accident claim and may call for a closer investigation.

What Is Comparative Negligence?

Texas uses a modified comparative negligence standard. Based on Section 33.001 of the Texas Civil Practice and Remedies Code, you may recover damages if you are less than 50% responsible for the accident. If you share some responsibility, your recovery may be reduced depending on the percentage of your fault.

What Is The Statute Of Limitations For Truck Accident Cases In Texas?

Texas law generally gives you two years from the date a personal injury cause of action accrues to bring a lawsuit. A wrongful death claim generally must be brought within two years of the person’s death. Because exceptions may apply, it is important to understand the deadline that applies to your specific situation.

What Compensation Can Be Recovered After An Accident?

If you suffer injury from a truck accident, you may be entitled to compensation for economic and noneconomic losses. Economic damages may include medical expenses, lost wages, property damage and reduced earning capacity. Noneconomic damages may include pain and suffering, loss of consortium, physical impairment and emotional distress.

Badders Law Firm, P.C., can review your losses and explain the types of compensation that may apply to your situation.

What Evidence Is Needed To Build A Strong Truck Accident Case?

A truck accident investigation may require records that a typical car crash does not. Depending on the circumstances, important evidence may include:

• Electronic control module/black box data: This data may show speed, braking, throttle use and other truck activity before and during a crash.
• Electronic Logging Device records: ELD records show a driver’s driving and duty periods. They may also provide information about hours behind the wheel and possible fatigue.
• Driver Qualification File: This may include the driver’s training, license, driving history and other qualifications.
• Hours-of-Service records: These records can show whether a driver followed federal limits on driving and work time.
• Maintenance and inspection records: These records may show mechanical problems, missed inspections or other issues that may have been a factor in the crash.
• Dispatch communications: Calls, messages and other communications may show the driver’s assignments, schedule and actions before the crash.
• GPS and telematics data: This information may show the truck’s location, route, speed and other activity before the crash.
• Dashcam or surveillance footage: Video may show the crash or what happened just before or after it.
• Cargo and bill of lading records: These records may show what the truck carried and how the cargo was loaded, secured and transported.
• Cell phone records: When relevant, these records may show whether the driver used a phone around the time of the crash.
• Drug and alcohol testing records, when applicable: These records may provide information about a driver’s condition after a qualifying crash.
• Crash scene evidence: Photos, vehicle damage, skid marks, debris and other physical evidence may help show how the crash happened.
• Witness statements: People who saw the crash or what happened before it may provide information that other records cannot.
  Medical documentation: Medical records can show the injuries, treatment and losses caused by the crash.

Together, this evidence can help show what happened, who may be responsible and how the crash affected the injured person.

Why Preserving Evidence Quickly Matters After A Truck Accident

Key evidence may be held by the motor carrier, trucking company, insurer or other parties involved in the truck’s operation or cargo. Because these records may become harder to obtain over time, an attorney can send a preservation demand asking that relevant evidence be kept.

If a commercial truck seriously injured you or a family member, contacting an attorney early may give you a better chance to preserve important evidence before it becomes harder to obtain.

When To File An Insurance Claim After A Truck Accident

Notify the appropriate insurance company as soon as reasonably possible after a truck accident. A commercial truck accident may involve multiple insurance policies and parties, so determining where to direct a claim can be more complicated than it is after a typical car accident. An insurance claim and a lawsuit also have different deadlines. Prompt action can give you more time to gather records, preserve evidence and evaluate your losses.

Badders Law Firm, P.C., can recover your losses, negotiate with the insurance company and represent you in court if necessary.

Talk To A Truck Accident Attorney Today

If you or a loved one suffered injury in a truck accident, Badders Law Firm, P.C., can investigate the causes of the crash, evaluate your medical records and future needs and work to secure the compensation available under Texas law. Our truck accident lawyers serve clients in Houston, Nacogdoches and throughout East Texas.

Call us at 936-649-3169 or contact us online to schedule a free initial consultation.