Large truck crashes cause serious and deadly injuries in Houston. Whether you were injured yourself in a collision and need help with a personal injury lawsuit, or a loved one sustained fatal injuries in an accident, one of our Houston truck accident attorneys can evaluate your case for you today.
If you are considering pursuing a truck accident lawsuit, our team can guide you through the legal process, helping you understand liability, damages, and the steps involved in seeking compensation.
An advocate at The Stano Law Firm can provide you with more information and can begin working with you on your claim. We handle all types of Houston trucking accident cases and offer a free consultation to help you understand your legal options.
Stano has The Team
Matthew Stano
Marissa Ceballos
Adelaida Stano
Jason Brooks
Common Frequently Asked Questions About Truck Accidents
What should I do immediately after a truck accident?
After a truck accident, your first priority should be getting medical attention, even if you don’t think you’re seriously injured. Many serious injuries don’t show symptoms right away. Call 911 to report the accident and request police and medical assistance. If you’re able, take photos of the accident scene, vehicle damage, and any visible injuries.
Get contact information from the truck driver, including their name, license number, and insurance information. Also collect contact information from witnesses. Don’t admit fault or make detailed statements to the truck driver or their insurance company. Instead, contact a Houston truck accident attorney who can protect your rights from the start.
Document everything related to your accident and injuries. Keep copies of medical bills, treatment records, and documentation of lost wages. This evidence will be important for your truck accident claim. The more documentation you have, the stronger your case will be.
How is a truck accident different from a regular car accident?
Truck accident cases differ from regular car accidents in several important ways. First, the severity of injuries tends to be much worse when a commercial truck collides with a passenger vehicle. The size and weight difference means occupants of smaller vehicles often suffer catastrophic or fatal injuries.
Second, liability in truck accidents is more complex. In a regular car accident, you typically deal with the at-fault driver and their insurance company. In a commercial vehicle accident, multiple parties may be liable, including the driver, the trucking company, the cargo loader, maintenance providers, and manufacturers.
Third, commercial vehicle accident cases are governed by federal regulations in addition to state laws. These regulations cover driver qualifications, hours of service, vehicle maintenance, cargo securement, and more. Violations of these regulations can provide strong evidence of negligence. An experienced truck accident lawyer understands these differences and how to use them to build a strong case.
How much is my truck accident case worth?
The value of your truck accident case depends on many factors, including the severity of your injuries, the amount of your medical expenses and lost wages, whether you suffered permanent disability, and how the accident has affected your quality of life. No attorney can give you an exact value without reviewing all the details of your case.
Economic damages like medical bills, rehabilitation costs, and lost income are relatively straightforward to calculate. However, these cases also involve non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. These damages can be substantial in cases involving severe injuries.
An experienced truck accident attorney will work with medical experts and economists to project your future costs and losses. Many truck accident injuries require ongoing treatment, and you deserve compensation for future expenses, not just past bills. Our law firm fights for maximum compensation that reflects the full impact of your injuries.
Will my truck accident case go to trial?
Most truck accident cases settle without going to trial, but that doesn’t mean you should choose an attorney who avoids the courtroom. Insurance companies offer better settlements when they know your attorney is prepared to take the case to trial if necessary. An attorney with a strong trial record has more leverage in negotiations.
Settlement negotiations typically occur after your attorney has gathered all evidence and documented your damages fully. The insurance company will make an offer, and your attorney will negotiate for a fair settlement. If the insurance company refuses to offer reasonable compensation, your attorney can file a lawsuit and take the case to trial.
Having a truck accident lawyer who is willing and able to try cases is important. Insurance companies track which attorneys settle every case and which ones go to trial. They’re more likely to make fair offers to attorneys with strong trial records. Our law firm has successfully tried numerous truck accident cases and recovered significant verdicts for our clients.
How long will my truck accident case take?
The timeline for resolving a truck accident claim varies depending on several factors. Simple cases with clear liability and less severe injuries may settle in a few months. Complex cases involving disputed liability, catastrophic injuries, or multiple parties can take a year or longer to resolve.
One factor that affects timing is medical treatment. You shouldn’t settle your case until you’ve reached maximum medical improvement or understand the full extent of your permanent injuries. Settling too early might mean accepting less than you deserve if complications develop later.
Investigation also takes time in commercial vehicle accident cases. Your attorney needs to gather evidence from trucking companies, review black box data, obtain maintenance records, interview witnesses, and potentially hire expert witnesses. This thorough investigation builds a stronger case but requires time. Our truck accident attorneys work efficiently while ensuring no important evidence is overlooked.
What if the truck driver says the accident was my fault?
It’s common for truck drivers and trucking companies to blame accident victims to avoid liability. The truck driver’s statement doesn’t determine who was actually at fault. Your accident attorney will gather evidence to prove what really happened, including the police report, witness statements, accident scene evidence, and data from the truck’s electronic systems.
Texas follows a modified comparative fault system. This means you can still recover compensation even if you were partially at fault, as long as you were not more than 50% responsible for the accident. Your compensation will be reduced by your percentage of fault. For example, if you’re found 20% at fault, you would receive 80% of the total damages.
Insurance companies often try to assign more fault to accident victims than they deserve. An experienced truck accident attorney will fight these attempts and present evidence showing the truck driver’s negligence caused your injuries. Don’t accept blame or make statements about fault to insurance adjusters without talking to an attorney first.
Can I still file a claim if the truck driver was an independent contractor?
Yes, you can still pursue a truck accident lawsuit even if the truck driver was an independent contractor rather than a direct employee of the trucking company. However, these cases can be more complex because trucking companies often argue they’re not liable for the actions of independent contractors.
Your attorney will investigate the relationship between the driver and the trucking company to determine if the company exercised enough control over the driver to be held liable. Factors include who controlled the driver’s schedule, who maintained the truck, who determined routes, and whether the driver worked exclusively for one company.
Many trucking companies misclassify drivers as independent contractors to avoid liability. Even if the driver is legitimately an independent contractor, the commercial trucking company may still be liable for negligent hiring, inadequate training, or failure to monitor the driver’s safety record. Our Houston truck accident attorneys know how to hold trucking companies accountable regardless of how they classify their drivers.
What damages can I recover in a truck accident case?
Truck accident claims can include several types of damages. Economic damages cover your financial losses, including medical expenses for emergency treatment, hospitalization, surgery, medication, rehabilitation, and future medical care. You can also recover lost wages for time missed from work and loss of future earning capacity if your injuries prevent you from returning to your previous job.
Non-economic damages compensate for physical pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement. These damages can be substantial in cases involving serious injuries like spinal cord injuries, traumatic brain injuries, or broken bones that never fully heal.
In some cases, Texas law allows punitive damages when the defendant’s conduct was especially reckless or intentional. These damages punish the wrongdoer and deter similar conduct in the future. An experienced truck accident lawyer will evaluate all potential damages in your case and fight for maximum compensation.
Do I need a lawyer for my truck accident case?
While you’re not legally required to hire an attorney, commercial vehicle accident cases are complex and difficult to handle on your own. Trucking companies and their insurers have teams of lawyers and investigators working to minimize their liability from the moment an accident occurs. Trying to negotiate with them without legal representation puts you at a serious disadvantage.
An accident attorney brings knowledge of federal trucking regulations, experience dealing with commercial insurance companies, and resources to thoroughly investigate your claim. Studies show that accident victims who hire attorneys typically recover significantly more compensation than those who handle claims themselves, even after paying attorney fees.
Most personal injury lawyer practices, including ours, offer a free consultation to evaluate your case. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Given the complexity of truck accident cases and the tactics insurance companies use, having experienced legal representation is almost always worth it.
What if I can’t afford a lawyer?
You don’t need money upfront to hire a Houston truck accident attorney. Most personal injury attorney practices work on a contingency fee basis. This means your attorney only gets paid if they recover compensation for you, either through settlement or trial verdict. The attorney’s fee comes as a percentage of your recovery.
This arrangement makes legal representation accessible to everyone, regardless of their financial situation. It also aligns your attorney’s interests with yours. Your attorney is motivated to recover the maximum compensation possible because their fee depends on your recovery.
During your free consultation, ask about the fee structure and any additional costs you might be responsible for. Most firms advance the costs of investigating and prosecuting your case, including expert witness fees, court costs, and investigation expenses. You typically only reimburse these costs if your case is successful. Our law firm believes everyone deserves quality legal representation after a truck accident, regardless of their ability to pay upfront.
How do I prove the truck driver was negligent?
Proving negligence in truck accident cases requires showing that the truck driver owed you a duty of care, breached that duty, and caused your injuries as a result. Your truck accident lawyer will gather evidence to demonstrate each element of negligence.
Evidence might include the police report, which documents the officer’s observations and preliminary determination of fault. Witness statements from people who saw the accident can provide independent accounts of what happened. Photos and videos from the accident scene show vehicle positions, damage, road conditions, and other important details.
Your attorney will also obtain evidence specific to commercial trucks, including the driver’s logbook to check for hours-of-service violations, the truck’s maintenance records to identify mechanical issues, black box data showing speed and braking, and the driver’s qualification file to check for proper licensing and training. This evidence builds a comprehensive picture of the truck driver’s negligence.
What is the most common cause of truck accidents?
Driver error is the leading cause of truck accidents, though the specific type of error varies. Driver fatigue from violating hours-of-service regulations is a major factor in many collisions. Commercial truck drivers face pressure to meet deadlines, which can lead to pushing beyond safe driving limits.
Distracted driving is another common cause, particularly with the prevalence of cell phones and other electronic devices. Even a few seconds of inattention is dangerous when operating a commercial truck. Speeding, aggressive driving, improper lane changes, and failure to check blind spots also contribute to many accidents.
Beyond driver error, truck accidents can result from inadequate maintenance, improperly loaded or secured cargo, defective truck parts, and poor training. Often multiple parties share responsibility for an accident. An experienced truck accident attorney will investigate all potential causes and identify all liable parties to maximize your compensation.
What should I not say to the insurance company?
After a truck accident, insurance adjusters may contact you quickly, often before you’ve had a chance to talk to an attorney. Be very careful about what you say. Don’t give a recorded statement without consulting an attorney first. Adjusters are trained to ask questions that might get you to say something that damages your claim.
Don’t admit fault or apologize for the accident, even if you think you might have contributed to it. Don’t minimize your injuries by saying you’re “fine” or “okay.” Many serious injuries don’t show symptoms immediately, and statements you make early on can be used against you later if your injuries turn out to be worse than initially thought.
Don’t accept the insurance company’s first settlement offer without talking to an attorney. Initial offers are often much lower than what your claim is actually worth. Once you accept a settlement and sign a release, you typically cannot go back and ask for more money if your injuries prove to be more serious than you thought. Contact a Houston truck accident attorney before making any statements or accepting any offers from insurance companies.
Can family members file a claim if someone died in a truck accident?
Yes, family members can file a wrongful death claim if a loved one died in a fatal truck accident. Texas law specifies which family members have the right to file. The surviving spouse has the primary right to bring the claim. If there’s no surviving spouse or the spouse doesn’t file within three months, surviving children can file. If there are no spouse or children, the deceased’s parents may file.
A wrongful death lawsuit allows family members to recover compensation for their losses, including funeral and burial expenses, medical bills incurred before death, the deceased’s lost income and benefits, loss of companionship and guidance, and mental anguish. These damages attempt to compensate families for both economic and emotional losses.
Filing a wrongful death claim involves strict deadlines and complex legal requirements. An experienced truck accident lawyer can guide families through this difficult process, handling the legal details while families focus on healing. Our Houston personal injury lawyers treat these cases with the sensitivity they deserve while fighting aggressively for fair compensation.