Pearland Truck Accident Attorney

Helping Clients Fight Back After Being Injured in a Commercial Truck Collision

Truck accidents can lead to life-altering consequences, from severe injuries to mounting medical bills. When you’re involved in a truck accident in Pearland, you need a legal team that knows how to navigate the complexities of these cases and fight for the compensation you deserve. At The Kahn Law Firm, our dedicated Pearland truck accident lawyers will stand by your side, work to hold negligent parties accountable, and help you pursue the financial recovery you need to move forward. Reach out today for a free consultation and take the first step toward justice.

Texas Truck Accidents

According to a report by the National Highway Traffic Safety Administration (NHTSA), Texas has some of the highest fatal accidents involving commercial trucks. Commercial truck accidents account for as much as 12.6% of all fatal motor vehicle accidents in the state in 2019, with countless other nonfatal accidents occurring daily.

Sadly, passenger cars are no match for large trucks, especially when fully loaded and traveling at high speeds. In many Texas truck accidents, victims sustained severe injuries that took weeks, months, or even years to heal properly. In the meantime, injured victims are left to deal with lost wages due to their inability to work, expensive medical bills, and emotional trauma.

Trucking Companies and Insurance

Trucking companies and their insurers face countless yearly insurance claims and lawsuits due to accidents. As a result, trucking companies or their insurers often deny claims to avoid paying large claims so they can protect their investors. For these reasons, anyone involved in a commercial truck crash must hire an experienced Pearland truck accident lawyer who will not back down from the insurance company and its attorneys.

Learn the facts about truck accidents in Texas and see why working with a skilled truck accident lawyer is indispensable for a successful case. Our dedicated legal team has extensive experience representing those injured in truck accidents and would be honored to help you pursue legal action.

Contact The Kahn Law Firm, P.C. at our Pearland, TX law office and ask to schedule a free initial consultation to learn more about our legal services.

What Causes Most Truck Accidents in Texas?

Unfortunately, Texas shares many similar causes of truck accidents with the rest of the country. Commercial truck drivers are typically under a great deal of pressure from their trucking companies to keep up with demanding schedules and make deliveries on time. This push to make deliveries early or on time leads to truckers having to work long hours without taking federally mandated-rest breaks, which results in fatigue and distraction.

Some of the most frequently cited factors that lead to commercial vehicle accidents include:

• Speeding
• Reckless driving
• Distracted driving
• Fatigue
• Driving while impaired
• Improperly loaded cargo
• Inadequate driver training
• Poor road conditions
• Adverse weather conditions

In addition, poorly maintained trucks with defective parts or trailers that have been improperly loaded can cause a truck to jackknife or collide with other vehicles. Another direct cause of truck accidents stems from companies not performing routine vehicle maintenance. Failure to check engine systems and replace old, worn-out tires can quickly lead to passenger and commercial vehicle accidents.

Finally, drivers of smaller passenger vehicles also make errors that contribute to many accidents. Regardless of how the truck accident occurred, our dedicated legal professionals are fully committed to helping you seek the financial compensation you deserve.

For more information about the leading causes of truck accidents, contact our Pearland truck accident lawyers, who will gladly answer your questions.

What Should I Do if I Have Been Injured in a Trucking Accident?

If you have suffered injuries in a trucking accident, there are several essential steps that you must take to protect your well-being and future ability to file a claim.

If you have been involved in a commercial vehicle collision, it is essential to adhere to the following steps:

• Stay on the accident scene and call 911 to report the incident. If there are any injuries, be sure to request emergency medical responders
• If safe to do so, move all damaged vehicles to the side of the road so that other traffic can pass
• Document the accident scene by taking numerous photos and videos of the damage to all the semi-truck and any other vehicles involved. Be sure to include pictures of any skid marks, terrain, lighting, and weather conditions that may have contributed to the accident
• Gather evidence by collecting the names and contact information of anyone who witnessed the accident
• Be sure to request a copy of the police report for your records. A police report will prove invaluable to your case as it will provide vital information such as the driver’s name and license number, the trucking company, and their insurance carrier. However, a police report will document the events that occurred but does not always determine who is at fault
• Seek medical attention immediately. Most insurance providers will refuse to pay claims unless a medical professional has examined the injury victim within 72 hours of the time of the accident
• Do not discuss the truck wreck on social media. Doing so could jeopardize your ability to pursue compensation for your injuries
• Contact an experienced truck accident lawyer who can thoroughly assess your accident case.

Even if you have been involved in a truck accident but do not think you are injured, it is still in your best interest to seek immediate medical attention to ensure that you did not suffer internal or soft tissue injuries such as whiplash. Often, internal injuries do not immediately manifest themselves. Failure to seek treatment can result in life-threatening consequences if left untreated.

What are the Most Reported Truck Accident Injuries?

Other motorists and passengers typically suffer severe injuries when involved in commercial vehicle accidents. Due to the sheer size and weight of large trucks, many accident victims are injured to the point they are unable to work and support themselves and their families.

Some of the most reported truck accident injuries include:

• Broken bones or fractures
• Head, neck, and back injuries
• Whiplash and other soft tissue injuries
• Lacerations, cuts, scrapes, and bruises
• Internal injuries
• Burns
• Post-traumatic stress disorder (PTSD)

However, in some instances, injured victims suffer life-altering catastrophic injuries. Texas law defines catastrophic injuries as those that significantly impact or alter a person’s life, leaving them permanently unable to work.

Some of the most common examples of catastrophic injuries include:

• Spinal cord injuries
• Traumatic brain injuries
• Amputations
• Organ loss

Accident victims who suffer catastrophic injuries face significant challenges as they try to recover and adjust to their new way of life. Generally, most individuals who sustain life-changing injuries will need skilled nursing care. Sadly, these medical expenses quickly add up and cause a financial crisis for victims’ families. To make matters worse, many catastrophic injury victims often face other health challenges due to their injuries, which require additional medical treatment.

The Kahn Law Firm, P.C. is passionately committed to assisting injured victims to receive fair treatment and justice after a truck accident. If you have been injured in a commercial vehicle collision, contact our Pearland, TX, law firm immediately to discuss your truck accident case and how we can help.

What Makes Truck Accident Claims More Challenging Than Other Motor Vehicle Accident Cases?

In a perfect scenario, a truck accident victim could file an insurance claim and receive a settlement check just a few weeks later. In reality, things rarely work out that way. A truck accident can have more than one responsible party, as some trucker drivers work as independent contractors for a company rather than as employees.

Insurance and Liability

An accident may mean the trucker’s insurance company and the trucking company may share liability for any damages. Subsequently, determining liability may be considerably more complex, as most trucking companies are prepared to defend themselves against potential lawsuits and may quickly destroy or get rid of crucial evidence, such as the information on the Event Data Recorder (EDR).

At-Fault Logistics Companies

In other situations, the logistics company responsible for loading and securing the cargo may be at fault, along with the trucking company. Finally, commercial vehicle or tire manufacturers may also be held liable if it can be determined they produced a defective product that caused the accident.

Speak With Experienced Truck Accident Lawyers

When filing a truck accident claim, it is essential to determine the parties who are liable so they can be held accountable for your injuries. Therefore, gathering the evidence needed to establish each party’s responsibility requires the knowledge and skills of a legal professional who can act quickly to prevent crucial data from being lost or destroyed.

Our Pearland truck accident lawyers have the experience and training to determine whether the truck driver, trucking company, or other entity should be held liable. Our dedicated legal professionals work tirelessly to provide clients with quality legal services as we handle their truck accident cases. Allow our experienced accident lawyers to help you file a personal injury claim to ensure the responsible parties are held accountable for their actions.

What Types of Evidence Are Available to Determine Liability for a Truck Accident?

Event Data Recorder

If you were involved in a truck accident, knowing what evidence may be available is vital to help you build a strong case in your favor. Most modern trucks have an onboard device called an EDR (Event Data Recorder), informally referred to as a black box. This device works much like a memory card, recording essential data about the truck’s operation before, during, and after the accident.

For example, in any motor vehicle accident, gathering information at the crash scene whenever possible, such as the truck driver’s insurance information and information about the trucking company, is vital. In addition, other items such as the police report and pictures or videos of the accident site may also be helpful.

Time Records

The Federal Motor Carrier Safety Administration (FMCSA) is a government agency that regulates and oversees commercial trucks on the nation’s highways. The FMCSA has Hours of Service (HOS) rules that dictate the length of time a truck driver can legally operate their commercial motor vehicle. Suppose it can be determined that the trucking company pushed their driver to disregard the federal safety regulations. In that case, the truck driver or trucking company may be held liable for the accident.

Cellphone Data

Another critical piece of evidence is often the driver’s cellphone. The FMCSA has strict rules prohibiting drivers from using hand-held mobile devices. Data from the cellphone may reveal if the driver was texting while driving or using their phone in some other manner that led to the crash.

Finally, when you come to The Kahn Law Firm, P.C., for help, we will thoroughly investigate your truck accident case to try and recover maximum compensation for your injuries and pain and suffering.

Can I File a Wrongful Death Lawsuit if I Lost My Loved One in a Fatal Truck Crash?

If you have lost a loved one in a fatal truck crash, you are probably feeling a full range of emotions as you try to determine what you can do to hold the truck driver or trucking company responsible. Texas law allows families who have lost loved ones in fatal truck crashes to file wrongful death lawsuits to try and recover damages.

Wrongful Death Claims in Texas

However, there are rules regarding who can file wrongful death claims. State law stipulates that only qualifying surviving family members may file claims. Family members who qualify include:

• Surviving spouse, which also includes formal or common law spouses
• Parents
• Adult children

It is also important to note that adoptive parents and children may also file wrongful death claims against negligent parties.

It is important to remember that the circumstances and facts of every wrongful death case may significantly differ. Therefore, any financial compensation that may be recovered will depend on the case’s circumstances and the family member’s needs.

Wrongful death damages may include:

• Medical bills incurred by the deceased before they passed away. However, compensation for medical expenses must be in relation to the fatal crash that led to the decedent’s death
• Reasonable funeral and burial expenses
• Physical pain experienced by the victim before their death
• Loss of income and earning capacity previously contributed by the decedent
• Loss of inheritance
• Loss of services, support, companionship, and care previously contributed by the decedent
• Emotional trauma, along with pain and suffering endured by the decedent’s family

Qualified family members would be wise to remember that the Texas statute of limitations allows qualified individuals up to two years from the date of the decedent’s death to file a wrongful death claim. Failure to file a claim within the time limits can result in the court throwing the case out, leaving a family no other recourse to obtain compensation.

Our accident lawyers recognize this is an overwhelming time for you and your family and are committed to helping you seek the justice you deserve.

If you are unsure regarding your right to file a wrongful death claim, contact our law office to speak with a personal injury attorney who can answer your questions.

Why Should I Hire Your Pearland Truck Accident Lawyers to Assist Me With My Case?

Truck accident victims often find the process of seeking compensation for their damages more complex than expected. Liability insurance covers the negligent truck driver and their trucking company and is meant to compensate accident victims. The trucking industry as a whole faces countless lawsuits every year due to accidents. However, due to the high volume of yearly lawsuits, insurance companies have highly skilled accident attorneys working hard to protect their interests.

Furthermore, insurance companies are not obligated to protect or care for you. Instead, insurance companies exist to protect the defendant and have personal injury lawyers who will do all they can to exempt the company from any liability. Here’s how we can help your personal injury claim:

• Evaluate liability: When you come to us for help, we will thoroughly evaluate your truck accident case to determine liability issues and who should be held liable for the damages you have suffered.
• Conduct thorough investigations: Our legal team will conduct its own investigation to ensure that all liable parties are held responsible for their actions or inactions.
• Challenge insurers on your behalf: Our highly trained truck accident lawyers are not afraid to challenge insurance and trucking companies to help our clients recover a fair settlement and give them the peace of mind they deserve. Whether you have suffered minor or serious injuries, our law firm is prepared to represent you through every step of the claims process.

Schedule a Free Consultation Today

You can significantly increase your chances of securing top compensation by letting a seasoned truck accident lawyer handle your case. Our accident attorneys have comprehensive experience dealing with commercial vehicle accidents and would be honored to serve your legal needs. At The Kahn Law Firm, P.C., truck accident victims in Pearland, Texas, and surrounding areas can get the legal help they need to win. Contact our law office at 713-999-6549 to discuss your case and how we can help.