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18-Wheeler AccidentsCan I Sue for Being Hit by an 18-wheeler?

December 26, 2023by Crystal Henry

Experiencing a collision with an 18-wheeler in Texas prompts a crucial question: Can I sue for being hit by an 18-wheeler

The answer is a resounding yes, but understanding the intricacies of the legal process is vital. The aftermath of such an incident can be life-altering, given the sheer size and weight of these vehicles. 

This article navigates the legal landscape, providing insights into the avenues available to those seeking compensation after an 18-wheeler accident. 

From determining the viability of a personal injury claim to grasping the complexities of truck accident cases, we delve into essential information for individuals looking for legal guidance in the aftermath of an 18-Wheeler accident.

Understanding the Scope of 18-Wheeler Accidents in Texas

The Texas Department of Transportation reports over 32,000 commercial truck accidents statewide in a recent year, emphasizing the prevalence and seriousness of these incidents. 

The impact of an 18-wheeler collision extends beyond physical damage, often resulting in life-changing injuries, especially for occupants of smaller passenger vehicles.

Determining the Viability of a Personal Injury Claim

The decision to pursue a personal injury claim hinges on specific circumstances. Understanding whether you have a valid claim involves assessing the following situations:

  1. Negligence by the Truck Driver or Trucking Company: Negligence, a key legal concept, occurs when actions or inactions lead to preventable injuries. 

If a truck driver’s negligence is believed to have caused the accident, consulting a Texas truck accident attorney becomes imperative.

  1. Defective Product or Part: Manufacturers may be held accountable if a defective part or product contributes to an 18-wheeler accident. 

For instance, malfunctions in critical components like the steering system can lead to serious accidents, making the manufacturer liable for resulting injuries.

Complexities of an 18-Wheeler Accident Claims

Unlike car accidents, truck accident claims in Texas are characterized by their complexity, involving various potentially liable parties. 

Alongside the truck driver, responsibility may fall on the trucking company, mechanics, cargo loading teams, or manufacturers of defective components. 

To establish the validity of a truck accident injury claim, four fundamental elements must be demonstrated:

  1. Responsibility to Avoid Harm: The party at fault had a duty to avoid causing harm, whether it be the truck driver adhering to traffic laws or a commercial carrier hiring qualified drivers.
  2. Failure to Uphold Responsibility: The at-fault party failed to uphold its responsibility, which could manifest as careless driving, negligent hiring, or faulty parts design.
  3. Direct Contribution to Injuries: A direct, causal link must exist between the at-fault party’s negligence and the injuries sustained in the accident.
  4. Measurable Losses: The injuries resulted in measurable losses, encompassing medical bills, lost wages, and intangible losses like pain and suffering.

Proportionate Responsibility in Texas Law

Texas law operates on the principle of proportionate responsibility, where individuals who are 50% or less at fault for an accident have the right to seek compensation.

However, there’s a crucial caveat outlined in the law: the court will reduce the damages recoverable by the claimant based on their percentage of responsibility. In simpler terms, if you bear some responsibility for the accident, the compensation you receive will be proportionally reduced.

Common Examples of Negligence in Texas 18-Wheeler Accidents

Truck drivers and trucking companies are not immune to negligent behavior. Several common examples include:

  • Distracted Driving: Negligence often manifests as distracted driving, with truck drivers engaging in activities like smartphone use or operating radios. 

Victims of accidents caused by distracted driving should seek legal counsel promptly.

  • Driving Under the Influence: Some truck drivers, regrettably, choose to drive under the influence, violating the law and putting others at risk. 

If an accident involves an intoxicated truck driver, consulting a Texas truck accident attorney is crucial.

  • Fatigued Driving: Exceeding federal regulations on driving hours can lead to fatigued driving. 

In such cases, the trucking company may bear responsibility for injuries caused by a drowsy driver.

Negligent Maintenance: Truck drivers and companies must adhere to maintenance standards to prevent accidents. 

Cutting corners on maintenance can result in deadly accidents, necessitating immediate legal intervention.

Understanding the Compensation Equation

To illustrate this concept, consider the following scenario: if you are found to be 10% responsible for an accident that resulted in $50,000 worth of damages, your compensation would be calculated at 90% of the total damages. In this case, you would receive $45,000 in compensation.

Related: How Much Will You Get Paid if a 18-Wheeler Hit You?

The Legal Process

Embarking on the legal journey after an 18-wheeler accident in Texas requires a systematic approach, understanding the pivotal steps that shape the process. Initiation of a lawsuit involves meticulous planning and adherence to key principles:

  • Evidence Collection: At the core of building a compelling case is the gathering of evidence. 

This not only entails demonstrating the negligence of the other party but also establishing your innocence in contributing to the incident. 

The strength of your case relies heavily on the quality and relevance of the evidence presented.

  • Accident Reports: Official accident reports serve as foundational documents, providing a detailed account of the incident as documented by law enforcement. 

These reports outline crucial factors such as the parties involved, location, time, and initial assessments of fault.

  • Witness Statements: Eyewitness accounts bring an invaluable layer of authenticity to your case. 

Statements from individuals who observed the accident unfold can provide unique perspectives, corroborating or augmenting the evidence collected from other sources.

  • Expert Opinions: In certain circumstances, seeking expert opinions becomes instrumental.

Professionals with expertise in accident reconstruction or specific technical fields can offer insights that bolster your case. 

Their assessments may contribute to a nuanced understanding of the accident’s causation.

  • Legal Guidance: Navigating the legal intricacies of an 18-wheeler accident case is a complex task. 

Seeking the assistance of an experienced personal injury lawyer is not only advisable but often essential. 

Their understanding of the nuances of the law, coupled with their ability to interpret and present evidence, significantly enhances your chances of a favorable outcome.

This strategic overview underscores the importance of a well-structured and evidence-based approach to the legal process. Each step is a building block, progressively fortifying your case and positioning you for a thorough pursuit of justice and rightful compensation.

Also Read: How Long Does an 18-Wheeler Lawsuit Take?

Proving Negligence in a 18-Wheeler Accident in Texas

Establishing negligence in the aftermath of an 18-wheeler accident in Texas is a multifaceted process requiring a thorough compilation of compelling evidence. 

This comprehensive approach aims to substantiate claims and build a robust case that can withstand legal scrutiny. 

Key components in the pursuit of proving negligence include obtaining and analyzing police reports, which serve as foundational documents outlining the details of the incident. 

Crash scene photos play a pivotal role in reconstructing the events, offering visual insights that contribute to a clearer narrative. 

Eyewitness statements bring firsthand perspectives, adding depth to the understanding of how the accident unfolded. 

In the realm of technological advancements, crucial data can be extracted from the truck’s “black box” devices, providing insights into the vehicle’s speed, braking patterns, and other critical factors leading up to the collision. 

Engaging the services of a seasoned personal injury lawyer becomes indispensable at this juncture. 

Their expertise not only guides the meticulous collection of evidence but also ensures its admissibility and relevance in presenting a compelling case. 

This collaborative effort, coupled with legal acumen, strengthens the position of those seeking justice after enduring the harrowing experience of an 18-wheeler accident in Texas.

Conclusion

When faced with the aftermath of a serious 18-wheeler accident, seeking compensation is a vital step toward recovery. 

Whether it’s proving negligence or holding manufacturers accountable for defects, consulting an experienced 18-wheeler accident lawyer in Texas ensures a thorough evaluation of your case. 

Don’t hesitate to reach out for legal assistance and fight for the compensation you deserve after a life-altering collision.

Seeking Legal Guidance After an 18-Wheeler Accident in Texas? Contact Our Expert Team.

Enduring the aftermath of an 18-wheeler accident requires experienced legal support to navigate the complexities and seek rightful compensation. 

Our team, led by Crystal Henry, is here to offer the support and guidance you need during this challenging time. 

At Crystal Henry Law, we understand the implications of such incidents and are committed to advocating for your rights. 

Contact us today to discuss your case, understand your legal options, and take the first step towards securing the compensation you deserve.

Crystal Henry Personal Injury Lawyer
3730 Kirby Dr #901, Houston, TX 77098, United States
281-888-3731
intake@helpfixmywreck.com

FAQs

What should I do immediately after being involved in an 18-wheeler accident in Texas?

Prioritize safety by seeking medical attention for injuries. Document the scene, exchange information with the parties involved, and contact law enforcement. It’s crucial to consult with an experienced 18-wheeler accident lawyer in Texas promptly.

How can I determine if I have a valid personal injury claim after the accident?

Assess whether negligence by the truck driver or trucking company played a role. Additionally, investigate if a defective product or part contributed to the accident. Consulting a Texas truck accident attorney is essential for a thorough evaluation of your case.

What makes truck accident claims in Texas more complex than car accident claims?

Truck accident claims involve various potentially liable parties, including the truck driver, trucking company, mechanics, cargo loading teams, or manufacturers of defective components. Establishing the validity of a claim requires demonstrating responsibility, failure to uphold responsibility, direct contribution to injuries, and measurable losses.

How does proportionate responsibility work in Texas law for 18-wheeler accidents?

Texas law allows individuals 50% or less at fault for an accident to seek compensation. However, the court will reduce damages based on the claimant’s percentage of responsibility. If you share some responsibility, your compensation will be proportionally reduced.

What are some examples of negligence in Texas trucking accidents?

Negligence in Texas trucking accidents can include distracted driving, driving under the influence, fatigued driving, and negligent maintenance. Victims should promptly seek legal counsel if the accident involves these factors.

What key steps are involved in the legal process after an 18-wheeler accident in Texas?

Initiating a lawsuit involves gathering evidence to establish the other party’s negligence and proving innocence in contributing to the incident. This includes accident reports, witness statements, and expert opinions on the accident’s causation.

How can I prove negligence in a Texas truck accident case?

Successfully proving negligence requires a comprehensive range of evidence, including police reports, crash scene photos, eyewitness statements, and data from truck “black box” devices. Engaging the services of an experienced personal injury lawyer is crucial for identifying and gathering this critical evidence.

Why is it important to consult with an experienced 18-wheeler accident lawyer in Texas? Consulting a lawyer ensures a thorough evaluation of your case, whether it involves proving negligence or holding manufacturers accountable for defects. Legal assistance is vital in seeking the compensation you deserve after a life-altering collision.

About the Author

Crystal Henry, a highly respected and compassionate personal injury lawyer based in Houston, is a force to be reckoned with in the legal field. With years of experience and a genuine passion for helping others, Crystal has become a trusted advocate for her clients. Her journey in law began with a strong desire to make a positive impact on people’s lives during their most challenging times.