Truck Accident FAQ
Let our Woodlands and Houston 18-Wheeler Accident Lawyers Help You with Your Claim
Wham & Rogers has experienced tractor trailer accident attorneys available to assist you 24/7. 832-592-1108.
- Question: Do I need to hire an attorney for an 18-wheeler or Commercial Truck accident?
The commercial trucking company will immediately hire adjusters, investigators and attorneys to help clear it from liability and reduce your damages. You need an attorney working for you right away who understands the trucking industry to help preserve evidence and document your damages. The trucking industry is governed by federal and state regulations governing maintenance and inspection of the 18 wheelers and commercial trucks, and regulations governing training and hours of service rules for drivers of large commercial vehicles. The attorneys at Wham & Rogers have experience suing trucking firms, and had worked for commercial trucking firms in the past, so they know the regulations inside and out.
- Question: Why are truck accidents worse than car accidents?
18 wheelers and tractor trailers weigh significantly more than cars. Some 18 wheelers and commercial trucks weigh as much as 80,000 pounds while passenger cars usually weigh under 5,000 pounds, so these big trucks can do much more damage to your passenger car than an ordinary passenger car can. And because of this size differential, collisions with tractor trailers often result in serious or even fatal injuries. 12% of traffic related deaths and 4% of traffic accidents are caused by big trucks.There are approximately 500,000 tractor trailer collisions in the US every year, about 5,000 accidents of which result in death.
- Question: How is fault determined after commercial truck wreck?
Investigators on scene will examine the truck for maintenance issues, such as bad brakes. They will examine the accident scene for clues as to what caused the accident. They will check to see if the driver had driven more than the allowable number of hours that day, and they will check to see if the driver was using illegal substances.
Our firm checks the maintenance, inspection and repair history of the vehicle. Often we find that the truck had been poorly maintained or that the driver failed to perform the required inspections. Other times we find that the driver was fatigued from driving too many hours without rest or that the driver had been under the influence of drugs or alcohol.
We also investigate the fault of the truck driver to determine if he was speeding or changed lanes when unsafe. We will look into the training and hiring practices of the trucking company to determine if they were inadequate, leading to the company putting dangers drivers on the road. Finally, we will determine whether the 18-wheeler was overweight or if cargo was not secured properly, whether there were problems with tires, wheels, or brakes, or whether there were engine or steering defects.
- Question: Who can be held responsible for my tractor trailer collision or serious accident?
The driver of the large commercial vehicle who caused the collision can be held responsible; the commercial trucking company can also be held directly responsible, for failing to ensure its drivers followed the law, failing to hire qualified drivers, and for failing to properly train and supervise its drivers, which could be considered to be negligence.
- Question: If I am partially at fault for the accident, can I still recover from the trucking company?
In Texas, so long as you are not found to be greater than 50% at fault for the collision with the trucking company, you can recover damages from the trucking company. Your damages will be reduced by any percentage of fault assigned to you by the jury.
- Question: How much does it cost to hire a law firm to represent me in a truck accident?
Our firm works on a contingency fee basis. This means that you will only pay our fees if you recover money from the trucking company. We can help you maximum your recovery through our investigation of the accident, driver and trucking company and provide you advice which will keep you from making mistakes with your case.
- Question: What damages can I recover from the trucking company?
Damages available in a recovery include medical bills, pain and suffering, disfigurement, impairment, mental anguish, lost wages and lost earning capacity.
- Question: How long do I have to file a claim against a trucking company?
You have two years from the date of the accident to file suit, but you should retain an attorney as soon as possible to put you on even footing with the trucking company.
If you have been in an accident with an 18-wheeler, call us for a free evaluation of your case. 832-592-1108.