Find The Best Truck Accident Lawyer in Texas (October 2024)

Trucking is integral to Texas' economy, supporting 1.1 million jobs and $91.6 billion in gross revenue. Trucks move an average of 1.5 billion tons of freight worth $1.2 trillion across the state yearly, traveling 8.1 billion miles on the Texas Highway Freight Network (THFN). When these vehicles are involved in accidents, the damage can be devastating. A Texas truck accident lawyer can help victims recover the compensation they deserve.

ConsumerShield helps you understand the laws that apply to Texas truck accidents and what to do if you’re injured or have lost a loved one. This article will discuss the process of finding an attorney, filing a lawsuit and pursuing a claim to recover your damages. If you're ready to take the next step, we can connect you with one of the best Texas truck accident lawyers in your area.

How Much Does a Truck Injury Lawyer Cost in Texas?

Most Texas truck injury lawyers represent clients under a contingency fee agreement. In exchange for a percentage of any compensation they recover on your behalf, they will pursue your case without charging you for their time. If they don't win, you don't pay.

The costs associated with pursuing a personal injury or wrongful death case after a truck accident can be significant. These include court filing fees, expert fees, court reporter charges, postage and numerous other expenses. Ask who is responsible for paying these costs and how they will be paid. While some attorneys waive these fees if they don't recover on your behalf, others will hold you responsible regardless. Some will require you to pay them as they accrue.

Types of Truck Accident Cases in Texas

More than 200,000 of the millions of U.S. truck drivers are proud residents of Texas. They drive a wide variety of vehicles to transport commercial goods and passengers, including:

• Semi-trucks.

• Tractor-trailers.

• 18-wheelers.

• Commercial buses.

• Delivery vehicles.

• Dump trucks.

Although these large trucks are vital to Texas' economy, their risks to road users are a serious concern. Because of their massive size and weight, trucks can be difficult to maneuver and control. Although most truck accidents can be prevented by following proper safety precautions and trucking industry regulations, not all commercial truck drivers have the experience and skill to operate these vehicles safely. Most truck accidents are caused by:

• Driver negligence.

• Poor truck maintenance.

• Truck malfunctions or defects.

• Improperly loaded cargo.

The Federal Motor Carrier Safety Administration (FMCSA) regulates the maximum on-duty hours as well as required off-duty periods for truckers. Drivers are legally obligated to comply with these requirements along with the Texas Hours of Service (HOS) Regulations when driving in the state. Unfortunately, some truckers exceed the hours of service or fail to take required breaks. This can lead to exhaustion, inattentiveness and mistakes on the road.

Trucking companies may compound the problem by setting delivery deadlines or expectations that are impossible to meet safely. Economic pressure can lead to dangerous driving practices and safety lapses, like missed equipment checks or hasty, improper loading. All these factors contribute to preventable truck accidents.

The cause of a truck accident is typically a key issue, because many accidents have numerous contributing factors. Drivers can be liable for negligent or reckless behavior like drowsy driving, driving too fast for conditions and distractions like texting while driving. Defective vehicle parts or malfunctioning safety features may support a product liability lawsuit. An improperly secured load may be the result of lax safety policies at a loading dock.

Truck accident lawsuits are often complex, involving many defendants across numerous states. A plaintiff may have claims against a truck driver, the driver's employer, a shipping company, the truck owner, the shipment owner, a company that manufactured the vehicle or a vehicle part, a maintenance company and other parties.

Average Truck Injury Settlement in Texas

Truck-auto accidents often involve severe, debilitating injuries and mountains of medical bills. In addition to steep charges for hospital stays, victims may need extensive rehabilitation, physical therapy and long-term medical treatment. Being unable to work during this lengthy recovery period can lead to financial devastation, and permanent limitations can reduce their future earning capacity. They may need to modify their home or vehicle with special assistance devices and engage household help. Victims can suffer serious mental distress and PTSD.

Because every case is different, there is no reliable way to estimate the average settlement value of a truck accident case. An experienced truck injury attorney can use their knowledge of past cases and relationships with insurers. They will examine the facts of your case and help you understand its strengths and weaknesses.

To estimate the value of your truck injury case, an attorney will consider many types of damages, including the expenses you've already incurred, the anticipated future costs related to your injuries and the effects your injuries have had on your career, family and personal life. In wrongful death cases, the effect of the decedent's loss on their survivors is a significant factor.

Filing a Truck Injury Lawsuit in Texas

A truck injury lawsuit allows an injured person, or the survivors of a person killed in a truck accident, to pursue compensation for their damages from the responsible parties. You may have claims against more than one party for causing an accident. An experienced truck injury attorney can help you understand your options and work with you to develop the best recovery strategy.

Texas law imposes a two-year statute of limitations on wrongful death and personal injury cases. In most cases, you must file a lawsuit within two years of a trucking accident, or you will lose your chance. Consulting with an experienced personal injury as soon as possible after an accident also helps position your case more favorably for success. As time passes, evidence gets lost or destroyed, people's memories fade and it is much harder to present a good case.

An injured person can still pursue a Texas personal injury claim if they are partially at fault for the occurrence under the “contributory negligence” doctrine as long as they are less than 51% at fault. The total amount of any award they recover in court will be reduced by the percentage of their fault. If the plaintiff's fault is more than 50%, however, they cannot recover anything.

How Does a Truck Accident Lawsuit Work in Texas?

To file a Texas truck accident lawsuit, the injured person or the personal representative of the deceased files a complaint in civil court and serves it on the party or parties they are trying to hold responsible. Once the defendant responds, the parties exchange evidence and prepare for trial. Other parties may be added to the litigation, and the case may be transferred to a different court. Lawsuits involving truck accidents are often handled by federal rather than state courts.

Truck accident cases can take years to resolve. During that time, the judge assigned to the case will hold hearings in court to ensure the case is progressing appropriately and settle disputes between the parties as they conduct investigations and exchange evidence. Formal and informal settlement negotiations will also take place, often including mediation or arbitration sessions.

If the parties cannot reach a settlement agreement, they will present their evidence to a judge or jury during a trial. At its conclusion, the judge or jury will issue a verdict, or decision, on each of the plaintiff's claims against each defendant. If the plaintiff is successful on any of their claims, the jury will determine how much money to award to compensate them for their damages.

How to Hire a Texas Truck Injury Attorney

Truck accident cases often involve severe injuries and catastrophic damage claims. It's crucial that you hire an experienced truck accident attorney with the resources to pursue your claim. Once you have found a few possibilities through referrals or research, schedule interviews with a few different attorneys. Most Texas truck injury attorneys offer free initial consultations.

These meetings can help you understand the strength of your case and get an idea of how each lawyer will work with you. Pay attention to each attorney's communication style and ensure you feel comfortable speaking candidly with them. Before you enter into a representation agreement, make sure you read and understand the contract carefully.