Houston Big Rig Accident Lawyer

Big rigs are highly dangerous vehicles all on their own. That’s why, in order to even drive one, you must have a special Commercial Driver’s License (CDL). However, what if multiple trucks on the road form a convoy, or chain of vehicles close together on the road? Why is this extremely frowned upon and dangerous? 

Basically, convoys have a tendency to block roadways, even if unintentionally. Impeding traffic alone is enough to present some form of danger to those around you. Additionally, convoys often result in a chain of vehicles driving closely together, which impedes the ability of the drivers in the chain to stop in the event of a collision. Big rigs need plenty of space in order to properly stop their vehicles, especially on high-speed highways. Therefore, driving close together, or tailgating, is extremely dangerous for both the big rigs involved and surrounding passenger vehicles.

After your big rig accident, it is important to take certain steps as you recover. All drivers should be aware of how to handle a collision, but not everyone understands how to handle a big rig accident. The best course of action for anyone involved in a big rig accident can include: 

• Seek medical attention. Always ensure that you do not need immediate help before checking on others at the scene of the crash.
• Do not admit fault. Refuse to make a definitive decision about fault, and especially avoid signing anything.
• Call the police to report the accident, then call your insurance company to report the accident. Give brief statements to both, but do not accept settlement offers from the insurance company. Chances are, they’re trying to lowball you.
• Take information from all drivers involved, as well as witnesses. This information includes driver’s license numbers, phone numbers, and any other relevant information.
• Take notes and pictures of the scene. Memories fade with time, so securing written or photo evidence is essential to your case. Even take notes about weather and roadway conditions. No detail is too small in a personal injury case.
• Document your time off. In order to estimate the damages you deserve, take note of the days or hours you miss work for recovery, doctor visits, and more. Also document the wages you lost as a result of the accident.

This depends largely on who we determine to be at fault for the accident. While many people would likely assume the big rig driver to be at fault, this is not always the case. Sometimes, they did everything right, but somebody else messed up along the way. In other cases, more than one party is to blame for the accident.

Just like car accidents, big rig accidents have many different causes, Some of these causes, however, are much more common than others. Below, we list some of the most common causes we see for big rig accidents at Reich & Binstock.

Driver Error:

• Human error. Let’s face it: nobody’s perfect. Every driver makes mistakes once in a while. However, at the wrong time and place, mistakes can be deadly. According to the FMCSA, around 80% of truck-related crashes occur as a result of driver error.
• Speeding. Truck driving is a very demanding job with mileage requirements and tight time constraints. Because of this, many truck drivers might be tempted to exceed the speed limit to travel more miles or make better time. 
• Driver fatigue. This is an extremely serious and prevalent problem in the trucking industry. Even though the hours that truckers are allowed to drive in a certain time period are limited by law, they still experience extreme pressure to meet deadlines. Because of this, many drivers feel that they have to stay awake much longer than is healthy, all to make a deadline.
• Distracted driving or driving under the influence of drugs or alcohol. Many truckers, because of their schedules, lead solitary lives. For this reason, they might make the mistake of driving distracted or under the influence.

Company Error:

• Lack of training. Companies have a duty to properly train and prepare their employees for life on the road. If they fail to do this, they open the door for potential accidents.
• Poor maintenance. Many companies have their own maintenance crews. If their mechanics fail to properly repair or keep up the big rigs, it could cause a crash.

Outside Factors:

• Roadway problems. If the roads are either in poor condition or slick from rain, these factors could contribute to an accident, through no fault of anyone in particular.
• Vehicle malfunction. Sometimes, things just break or fail to work properly. Even if all parties responsible for the truck and its operations do their jobs correctly, vehicle malfunctions can cause accidents.

In Texas, the statute of limitations for filing a big rig accident claim is exactly two years from the date of the crash. Failing to meet this two year requirement would likely get your case turned down in a civil court. Additionally, we recommend filing your claim as soon as possible. Not only does it look better in the eyes of the court, but it also ensures that all of your information and memories of the crash are fresh in your mind.

Having an attorney for any legal matter is always a good idea. However, in the event of a truck accident, big rig accident attorneys are absolutely essential. These cases are highly complicated, and often involve multiple parties. Because of this, you definitely need an attorney at your side for your case. Below, we list more reasons why we recommend that you hire a big rig accident lawyer.

• Lawyers investigate the accidents themselves, using their knowledge and experience of past cases to look out for important evidence.
• We take care of all the paperwork, so you won’t have to. This eliminates the possibility of forgetting something important.
• We ensure that you get the appropriate medical care for your injuries, and handle the insurance companies for you.
• The stress of filing a lawsuit is removed, as we do that on your behalf as your trusted representation.
• If necessary, we appeal your case if the verdict favors the trucking company.

According to the Insurance Institute for Highway Safety, 4,102 people died in truck crashes in 2017. These numbers don’t begin to account for the many people who survive truck accidents with serious injuries. Houston highways are subject to heavy truck traffic. This volume of truck traffic puts Houston residents at an added risk of suffering injuries in truck accidents. Furthermore, oilfield traffic and other large trucks on the road can pose an added risk to passenger vehicles.