Texas Truck Accident Lawyer
Texas leads the nation in fatal truck accidents. If you have been injured or lost a family member in a truck accident, you may have the right to pursue compensation. Personal injury cases can be complex, but you do not have to navigate the legal process alone. The Lanier Law Firm’s Texas truck accident attorneys know what it takes to help you receive fair compensation for your pain and suffering.
Legally Reviewed By: Jud WaltmanTruck accident lawsuits help victims receive fair compensation for their injuries and losses from accidents caused by negligence. If you were injured or lost a loved one in a truck accident, you and your family may be entitled to compensation.
The Lanier Law Firm’s top trial attorneys support victims of truck accidents and their families throughout Texas. Get the backing of a national law firm with strong ties to Texas through our Houston location. The attorneys of The Lanier Law Firm are committed to finding justice for clients like you.
Why Choose The Lanier Law Firm?
At The Lanier Law Firm, we focus on you. We are committed to providing you with serious, sound legal representation to get the compensation you deserve. Since 1990, our award-winning attorneys have won over $20 billion in settlements for clients like you.
Our attorneys have extensive experience representing clients injured in truck accidents. From fatal accidents to blindspot accidents, head-on collisions to cargo shift accidents, and many more, we have the knowledge, skill, and experience to take on your case.
Learn more about the following specific truck accidents listed below:
Liability for Truck Accidents in Texas
Depending on the specific circumstances, various parties may be liable for truck accidents in Texas. These defendants can include:
- Truck drivers
- Trucking companies
- Trucking manufacturers
- Cargo loading companies
- Other motorists
- Government entities
In 2021, Texas enacted H.B. 19 to change how trials in commercial motor vehicle accident cases are conducted. Lobbyists who pushed for this law wanted to make it harder for victims to go after trucking companies, citing a 118 percent increase in motor vehicle lawsuits while the number of accidents in Texas increased by a single-digit percentage over an 11-year period.
Under the new law, trucking companies can request a bifurcated trial, meaning the case will be tried in two phases. The phases are split in terms of types of damages, what evidence can be presented, and the party against whom recovery is sought.
In the first phase, you can seek compensatory damages. These are quantifiable damages such as past and future lost wages, medical expenses, and pain and suffering. If you are successful in phase one of your trial, you can seek punitive damages, awarded on top of compensatory damages. Punitive damages are an additional punishment for a defendant’s negligence.
The new law requires that you first obtain a verdict against a truck driver or party directly responsible for the negligence causing your injury before trying to hold the trucking company that employed the driver accountable for its practices.
In the first phase—determining compensatory damages—the scope is limited to the facts directly impacting the accident. Only if you succeed in obtaining a verdict in phase one can you proceed to phase two of the trial process. In the second phase, you may submit broader evidence about the company’s practices to hold it vicariously liable for the driver’s negligence.
Hiring an experienced attorney is essential to navigating the new challenges presented by this bill. The attorneys of The Lanier Law Firm are undeterred by the new law and will work to ensure you receive the compensation you deserve.
Attorney Judson Waltman notes that the new law should not affect a plaintiff’s perspective of the trial experience. The burden of navigating the bifurcated trial will fall on the shoulders of your truck accident attorney.
“We need to address [H.B. 19] the way we address all claims for our plaintiffs—in a way that maximizes their recovery and maximizes their ability to get a positive jury verdict and get a good outcome on their case,” says Waltman.
Understanding Comparative Negligence in Texas
It is vital to understand comparative negligence and what it means for liability and compensation in Texas. Comparative negligence is a legal doctrine used to determine the fault of each party involved in the accident.
Texas follows a modified comparative negligence rule. Under what is known as the “51 Percent Bar Rule,” you cannot recover compensation if you are 51 percent or more at fault for the accident.
If you are partially at fault for the accident, you may receive compensation if you are not more at fault for the accident than the party you seek recovery from. However, your compensation will be reduced in proportion to your fault. For instance, if you have $100,000 in damages from an accident and share 20 percent of the blame for the accident, you can recover $80,000.
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Why Are Truck Crashes Prevalent in Texas?
There were 5,276 fatal truck crashes throughout the U.S. in 2022. According to the Texas Department of Transportation, 511 of those fatalities occurred in the Lone Star State. Texas led the country in total truck accidents for the same year, reporting 7,517 accidents with injuries. Texas has some unique factors that may be to blame for the high number of accidents and deaths.
The Rail Road Commission of Texas reported that companies produced 1.5 billion barrels of crude oil and 11.2 trillion cubic feet of gas between December 2021 and November 2022. This high production translates to massive quantities of hazardous materials moving across Texas roadways. With more trucks on the road, there is an increased risk of truck accidents.
There are 3,233 miles of interstate highways in Texas. The interstate system is complex, with several major interstate highways running throughout the state. It is a crucial transportation corridor for goods traveling between Mexico and the U.S. and between the east and west coasts. Interstate highways typically allow higher speed limits and experience higher traffic volume, which can contribute to accidents.
Some key factors that contribute to accidents include:
- Driver fatigue
- Distracted driving
- Driving under the influence of alcohol and drugs
- Speeding
- Inadequate truck maintenance
- Inexperienced and poorly trained drivers
What Is the Compensation for Truck Accidents in Texas?
Total compensation for truck accidents in Texas depends on several factors. There is no fixed amount for these cases, even if a fatality occurs. Each case is unique, and hiring an experienced attorney gives you the best opportunity to receive the maximum compensation for your life-changing injuries.
Accident victims can recover both economic and non-economic damages. Economic damages are measurable, objectively verifiable monetary losses. These include medical bills, lost wages, lost earning capacity, therapy and rehabilitation costs, and property damages. Non-economic damages compensate for the harder-to-quantify impacts on life, such as pain and suffering, emotional distress, and loss of enjoyment of activities.
In Texas, the compensation can vary significantly depending on numerous factors, including:
- Severity of injuries
- Medical expenses
- Amount of lost wages
- Extent of pain and suffering
- Property damage
- Liability
- Insurance coverage
- Legal representation
The Federal Motor Carrier Safety Administration sets the national standards for commercial motor vehicles to reduce crashes involving trucks and buses. At the national level, trucking companies must cover each truck in their fleet with a minimum of $750,000 in insurance coverage.
The State of Texas has even more stringent insurance requirements. For example, commercial motor vehicles carrying hazardous materials must carry $1,000,000 in insurance coverage.
As the victim of a truck accident, you must consult with an experienced and qualified personal injury attorney. The total compensation amount depends on the circumstances of your case, and a truck accident attorney plays a crucial role in your fight for a fair and just settlement.
Common Injuries From Truck Accidents
The severity of your injuries is just one factor that plays into the final compensation amount for your case. Seek immediate medical care after a truck accident, even if you don’t experience symptoms. Some injuries aren’t readily apparent, and symptoms appear over time.
After or during ongoing treatment, obtain thorough medical records from your health care providers. These documents are crucial to successfully proving your case. Knowledgeable personal injury attorneys, like the ones at The Lanier Law Firm, will use these records, along with any eyewitness testimony and other relevant evidence, to help you pursue the appropriate damages for your injuries.
Truck accidents cause a range of injuries. The most common injuries include:
- Whiplash
- Soft tissue injuries
- Fractures
- Head injuries
- Spinal cord injuries
- Back injuries
- Internal injuries
- Burns
- Amputations
- Scarring and disfigurement
- Psychological injuries, such as PTSD
- Fatalities
What Is the Compensation for Truck Accidents in Texas?
The statute of limitations for personal injury claims in Texas is two years. This means you typically must file your lawsuit within two years of your accident. You may lose your right to pursue compensation if you don’t file within this timeframe.
Consult an experienced attorney as soon as possible to ensure you comply with the deadline and protect your right to compensation.
Get a Free Consultation With a Texas Truck Accident Lawyer
You do not have to manage the aftermath of your accident alone. The Texas truck accident lawyers at the Lanier Law Firm may be able to help you recover significant compensation. We work on a contingency fee agreement, meaning you pay nothing for our services until we win a successful settlement or verdict.
Call us today at 866-806-3222 or complete our online form to contact our team.
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