Houston Texas Cement Truck Accident Attorney

Accidents involving cement trucks, a/k/a concrete-mixer trucks, commonly result in serious injuries and fatalities to those who they hit. Because they can legally weigh up to 69,000 lbs. when fully loaded and operating on Texas roadways, the sheer mass of these commercial motor vehicles can produce an impact that destroys the impacted vehicle and leaves its occupants critically injured or dead. If you or someone you love was injured by a cement truck accident, call a cement truck accident attorney to discuss your rights. Simmons and Fletcher, P.C., fight for injury victims against the corporate giants operating concrete mixers when their drivers negligently cause injury to you or your loved ones. Call today at 800-298-0111 for your free consultation.

How Can a Texas Cement Truck Accident Lawyer Help Me?

Cement trucks are subject to the same rules and regulations as other commercial motor vehicles. Whether the vehicle operates solely within Texas or drives outside the state to conduct business determines whether it must adhere to the state rules or both the federal and state rules. A cement truck accident lawyer can help you determine which rules apply to your case and whether they were violated. Violation of these rules often determines the liability of the cement trucking company.

In addition to the above, a cement truck accident attorney can help you:

• Avoid making mistakes or falling into traps when talking to trained adjusters.
• Fully investigate the cause of the collision by inspecting the vehicles and downloading the black box.
• Obtain necessary but costly medical care by issuing letters of protection as required.
• Get to the truck by litigating the case and taking depositions of the drivers, company owners, and eyewitnesses.
• Represent you in court at hearings, depositions, mediations, and trials to fight for a fair and just settlement or judgment.

Call us today for a 100% free consultation regarding your case.

Typical Injuries Sustained in a Concrete Truck Accident in Texas

The injuries we see in Texas concrete truck accidents are representative of injuries seen throughout the entire United States.  Here are some of the typical injuries we see:

• Amputation/Limb Loss An 18-wheeler’s size and weight are so much greater than the average family passenger vehicle. The loss of an arm or leg due to severe crush injury or a shearing injury.
• Bone Fracture. The force of impact can easily result in broken bones in a big rig wreck.
• Burns. Trucks require a large amount of gasoline and sometimes haul flammable liquid as well; severe burn injuries are not uncommon after a vehicle bursts into flames.
• Disfigurement and Scarring. Any deep gash can result in scars and sometimes disfiguring marks caused by scar tissue formation. How well this can be controlled and/or avoided often depends on whether you receive the best medical care.
• Eye Injury. In a severe impact with an 18-wheeler, it is not uncommon for broken glass and other flying objects to become lodged in your eye, resulting in scratches to the surface, detached retinas, and even vision loss.
• Herniated, Bulging & Protruding Discs. Your spine is not designed to be a punching bag. The soft tissue pads between the bones can be compressed to the point of deforming or exploding, which results in disc injuries or even spinal cord injuries.
• Mental Anguish. The severe trauma of the pain and suffering you endure, or even the loss of a loved one, can cause mental anguish and severe emotional distress in a truck accident.
• Paralysis. While less frequent, the complete loss of one’s ability to use one’s legs, arms, or both can occur in a big truck accident.
• Ruptured Spleen. A ruptured spleen is a very painful injury that can result from blunt force trauma to the chest, either from hitting the steering wheel, dash, or other objects.
• Traumatic Brain Injury. Because the head is often slammed back and forth, the brain is often pinballed in commercial vehicle accidents. Recovery will depend upon whether the injury is mild or permanent in nature and the medical treatment you receive.
• Post Traumatic Stress Disorder. The fear of driving is a common result of being involved in a life-altering collision for victims of truck accidents.
• Wrongful Death. Sadly, the loss of life is not uncommon when an 18-wheeler crash occurs.

The type of injury you sustain plays an important role in determining the amount of compensation that justice dictates you are owed. Accounting for all of your economic and non-economic damages, as well as your future medical needs and physical impairments, requires that your Houston commercial vehicle accident attorney build your case with the right medical and expert testimony. Your quality of life has been altered. You need legal representation that understands what you are going through. Call us for a free case evaluation and know your legal rights today!

How Are Cement Trucks Regulated?

How a cement truck is regulated depends upon where the truck conducts business. If the truck only operates within a single state’s borders, then it is held to that state’s regulations. If the cement truck travels across state lines for work, then it is held to the federal guidelines. These are the intrastate vs. interstate rules.

What Are the Hours-of-Service Driving Requirements for an Intrastate Cement Truck Driver in Texas?

Cement truck drivers operating within Texas must follow the Texas Hours of Service Rules for commercial motor vehicles. Cement trucks are allowed to drive a maximum of 12 hours, but they must follow 8 hours of off-duty time, and after a total of 15 hours (including breaks), they must stop driving.

Drivers can achieve their 8-hour requirement by;

• Taking eight full hours of off-duty time,
• Combining eight consecutive hours off duty and sleeper birth time or
• Taking two periods of rest in the sleeper berth, provided:
  • Neither rest period in the sleeper berth is under 2 hours duration;
  • The driving time in the period immediately before and after each rest period in the sleeper berth, when added together, does not exceed 12 hours,
  • The on-duty time in the period immediately before and after each rest period in the sleeper berth, when added together, does not include any driving time after the 15th hour, and,
  • The driver may not return to driving without taking at least eight consecutive hours off duty, at least eight consecutive hours in the sleeper berth, or a combination of at least eight consecutive hours off duty and sleeper berth time.

If the cement truck delivers or hauls cement outside of the state of Texas, then the driver must comply with the Federal 14-Hour Rule, not just the Texas Hours of Service Rules.

What Happened When a Cement Truck Driver Fails to Follow the Hours-of-Service Rules?

In addition to being cited and/or having the truck basically impounded, drivers who habitually fail to follow Hours-of-Service rules can become drowsy, less aware, and very dangerous behind the wheel. When a truck driver causes a wreck due to insufficient rest, the question becomes, “How was this allowed to happen?” Truck drivers are required to keep extensive logs, and electronic data recorders (a/k/a black boxes) record driving hours and times so that the trucking company can monitor them and prevent violations. If the company habitually allows drivers to violate HOR rules, it may be the negligent or even grossly negligent party.

What Should I Do if I am Hit by a Cement Truck?

If you sustain injuries after being hit by a cement truck, talk to a Houston personal injury lawyer as soon as possible. While a two-year statute of limitations exists to file a lawsuit for adults, waiting can harm your case. Commercial trucking companies have teams of accident investigators whose goal is to reduce their exposure. A cement truck accident lawyer can help investigate the wreck and preserve critical evidence before  it “disappears.” Injured victims have trusted the injury law firm of Simmons and Fletcher, P.C., to investigate and litigate commercial truck wrecks since 1979. Talk to the law firm known for speaking up for the injured.