Key Takeaways: What Every Truck Accident Victim Should Know
- Multiple parties may be liable in a truck accident claim, including the driver, trucking company, cargo loader, maintenance provider, and parts manufacturer.
- You have two years to file a truck accident claim in the State of Texas. If you miss this deadline, you may miss out on compensation completely.
- The average value of a truck settlement can vary, but it often includes compensation for damages like medical bills, lost wages, and mental anguish.
- Hiring Simmons & Fletcher provides you with an experienced team of personal injury attorneys with a track record of compassion, dependability, and strong case results.
Why Choose Simmons & Fletcher After an 18-wheeler Accident in Houston?
Our attorneys at Simmons & Fletcher have a track record of high-quality legal support, successful case results, and deserved recognition from esteemed colleagues in our field. We have a team of knowledgeable and empathetic attorneys with significant recognitions and awards.
Of equal importance, we are beyond proud to have received hundreds of 5-star Google reviews from our past clients. As these reviews show, we care deeply about the safety and well-being of the clients that we serve, and we’re committed to providing our services with skill, diligence, and compassion.
If we are able to take on your case, our team of knowledgeable and hardworking 18-wheeler lawyers will:
- Advise you so that you understand the full extent of your legal rights;
- Investigate your accident and collect evidence to prove your story;
- Work diligently to determine the truth of why the wreck happened and prove liability;
- Negotiate on your behalf to reach a just settlement;
- Fight for your rights at trial, if necessary.
Contact us today for a free case evaluation with an experienced Houston truck accident lawyer.
Our law firm is located on the west side of Houston. In addition to traveling all over the state, we handle local cases in East Aldine, Fourth Ward, Hyde Park, Pasadena, and beyond.
$1,264,113.60 Truck Accident Settlement: How We Made Sure Our Houston Client Got Justice
In a complex case involving an 18-wheeler truck crash that resulted in serious injuries, Attorney Christopher Keith Fletcher, of Simmons & Fletcher, P.C., secured a $1,264,113.60 settlement for our client. On a Texas interstate, our client was injured when his minivan was rear-ended by a commercial motor vehicle. The investigating police officer determined that our client was stopped in the moving lanes of travel instead of on the shoulder of the road. As a result, the investigating officer blamed our client alone for the collision. After investigating and reconstructing the accident, we proved that the truck driver was responsible for negligently causing the avoidable wreck.
In the course of the litigation, Christopher K. Fletcher was able to show that the truck driver failed to act as a professional driver and that if the truck driver had been driving defensively and according to the rules of the road, the 18-wheeler could have easily avoided crashing into our client. Our client suffered fractures to his knee and both forearms, which required immediate surgery to repair. The prompt actions of the attorneys at Simmons and Fletcher, P.C., prevented our client from being denied justice by a poor police investigation and a negligent truck driver.
4.9 out of 5 stars based on 486 reviews on Google, see what our clients say about us
Irma G.
Simmons and Fletcher was a very nice and friendly law firm from the moment I went in for my initial consult. A big thank you to all of them for hearing me out and agreeing…
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Simmons and fletcher law firm. Went above and beyond for me. I was in a bad wreck that requires neck surgery. They constantly called and checked on me to see how I was doing. They…
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I guess we are all a bit hesitant to have to hire a lawyer, at least I know I was, but Simmons and Fletcher PC was highly recommended by a trusted friend so I decided…
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I cannot express enough what this firm has done for me and my family! From the very beginning my legal assistant, Jeannette, was there to guide me every step of the way. She kept me…
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This office helped us out tremendously. Everyone we dealt with was professional and courteous. They were quick to respond to any questions regarding the process. I would definitely recommend these attorneys.
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I had a great experience at Simmons and Fletcher. They fought continuously in my case and always hand my best interest in me. Ruth was kind and attentive to my needs. She was always available…
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This firm did an excellent job in representing our family. Not only are they very knowledgeable but are also very polite and always communicated through the whole process. A special thank you to Amanda for…
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I cannot recommend this firm enough. Chris Fletcher represented me and my experience was great from start to finish. Chris was honest, accessible, and easy to talk to. His paralegal, Stephanie Quinn, was also incredibly…
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I had a great experience with Simmons and Fletcher. Sharon Simmons Cantrell did an exceptional job on my case. She was attentive and sweet and fought hard for me. I would recommend her and the…
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I would recommend Simmons and Fletcher to anyone! From start to finish my case was handled properly! Amanda Johnston handle my case so well, as well as communicated with me throughout the entire ordeal, and…
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Do I Need an Experienced Truck Accident Lawyer?
In this practice video, Houston truck accident lawyer, Christopher K. Fletcher, talks about the differences in handling a car wreck vs a truck accident and why you need a lawyer experienced in commercial motor vehicle cases when a big rig hits you. Call 800-298-0111 to talk to us about your truck accident case.
Find Out What Your 18-Wheeler Case Is Worth. Contact Simmons & Fletcher for a free case evaluation with zero pressure, obligation, or out-of-pocket cost.
The Reality of Houston Truck Crashes
Local Crash Statistics & Dangerous Hotspots
According to the Texas Department of Transportation, more than 26,000 trucks were involved in crashes across the state in 2024. In 2023, Texas was the state with the most deaths resulting from large truck crashes, according to the National Safety Council.
Several areas in Texas are known as high-traffic hotspots that can be especially dangerous for any type of driver. According to the Texas Department of Transportation, highways like Interstate 45, Interstate 35, U.S. Highway 83, and Houston’s own Sam Houston Parkway are known for high traffic levels. The heavy congestion on these roads can contribute to more frequent truck and passenger vehicle collisions.
Why Houston Leads Texas in 18‑Wheeler Accidents
According to the 2023 U.S. Department of Transportation report on large trucks, more fatal truck accidents occurred in the middle of the country (i.e., Texas) than in the East and West. The same report stated that Texas had the highest number of both large trucks and total vehicles involved in fatal traffic crashes.
While we don’t know exactly why the middle of the U.S. sees so many more truck crashes than the coasts, we do know that a good chunk of the trucking industry drives through the vast landscapes of the Midwest and the South.
Houston may also see a disproportionate number of these truck accidents. This is because four major interstates run through the densely populated city: I-45, I-10, US-290, and I-69. As a result, the clients we serve in Houston and its surrounding neighborhoods may experience many more catastrophic truck accidents than people in other cities.
How Truck Crashes Differ From Car Wrecks
While truck crashes and car crashes are both types of motor vehicle accidents, they’re vastly different from each other in several ways. Most notably, truck accidents stand to cause a lot more damage than car wrecks.
Trucks are much bigger and heavier than your typical car. So when an 18-wheeler truck collides with a small passenger vehicle, the impact is usually more forceful, and the injuries can be catastrophic.
Trucks are also more prone to rear-end accidents and roll-overs, due to their higher center of gravity and lengthy stopping distance.
There’s also more going on in a truck than just the driver and the vehicle itself. Since trucks often carry heavy cargo, accidents may be caused by shifting or falling cargo—something that’s unlikely to happen in a car crash.
Understanding Truck Accident Liability
Determining a liable party in a truck accident can be more complex than in a typical auto accident. This complexity is due to the fact that multiple parties may be liable: drivers, trucking companies, manufacturers, maintenance workers, and more. In these cases, it’s even more essential to hire skilled legal representation who can faithfully investigate your claim and all parties that may be liable.
In the following sections, we’ll walk you through each of these parties, how they may be liable, and what you can expect when filing a claim against each one.
Driver Negligence & Hours‑of‑Service Violations
Under the law, truck drivers must operate their vehicles safely and follow all regulations that apply to their work. These regulations include federally-mandated Hours-of-Service (HOS) rules, which limit driving time to prevent fatigue. If a truck driver violates any regulations and causes a truck accident due to distracted driving, driving under the influence, speeding, or hours-of-service violations, they may be found liable for negligence.
Negligence is the most important thing that you and your Houston 18-wheeler accident lawyer must prove in order to file a successful claim. To prove negligence in your truck accident injury claim, you must prove four essential elements:
- Duty of Care: The defendant had a duty of care to look out for your safety.
- Breach: The defendant’s negligent or reckless behavior breached that duty of care.
- Cause: The defendant’s negligence directly caused your accident and injuries.
- Damages: You suffered economic and non-economic damages as a result of the accident.
You and your truck lawyer must collect as much evidence as possible to prove negligence. Keep any and all records you have of your medical visits, as well as written communication between yourself and the defendant or their legal team. Your Houston truck accident lawyer may be able to use this evidence to strengthen your case and recover your losses.
Carrier Responsibility & Negligent Hiring
Trucking companies (or carriers) may also be liable if their employees caused an accident. They’re more likely to be held liable if they’ve been negligent in their hiring, training, and supervising of employees.
For example, let’s say a company doesn’t properly check out a driver’s qualifications or encourages unsafe driving practices in order to be more efficient. In this case, they may be held directly responsible for causing the crash.
However, it’s important to know that the state of Texas passed House Bill 19 (HB 19) on September 1, 2021. The goal of this law is to protect trucking companies from “excessive lawsuits.” The outcome is that most truck accident lawsuits end up in a bifurcated trial. In a bifurcated trial, the proceedings are divided into two parts: (1) determining liability and (2) determining damages.
While these bifurcated trials can make it more complicated to determine liability, a qualified lawyer for semi-truck accidents can help. A member of the experienced legal team at Simmons & Fletcher can support you in navigating this process and work diligently to find liable parties in your case.
Third Parties: Loaders, Manufacturers & Maintenance Providers
In some cases, third parties whose actions contributed to the accident may be held liable. Third parties can include:
- Cargo loading companies that improperly secured a load;
- Truck part manufacturers who overlooked a defective part;
- Maintenance providers who performed substandard repairs or inspections.
To identify any liable third parties, a truck accident lawyer near you can conduct a thorough investigation into the circumstances surrounding your accident. Then, they’ll be able to determine whether or not multiple parties may be held accountable for your damages.
Building a Winning Truck Accident Case
Investigating the Crash & Preserving Evidence
Initial Case Review
As a first step, reach out to a qualified Houston truck accident lawyer for a free case evaluation. Your attorney will inform you of your legal rights and recommended next steps.
Investigating the Crash
Your attorney will investigate your accident and gather as much evidence as possible to prove your damages and just compensation. They may also meet with experts to help build an effective case.
Collecting Evidence
To prove a truck accident claim, you’ll need supporting evidence for your side of the story. This evidence can be collected by you or your resourceful 18-wheeler truck accident attorney. Some of the most common (and important) types of evidence in truck accident cases include:
- Photographs of the accident scene;
- Witness statements;
- Medical records;
- Truck maintenance records and log books;
- Black box data and GPS coordinates;
- Company policies;
- Local, state, and federal accident reports.
Filing the Claim & Negotiating with the Defense
Filing the Claim
Your commercial accident lawyer will file a suit on your behalf, naming your damages and the compensation they believe you are entitled to—as well as the evidence to support the claim.
Pre-Trial Phases: Discovery & Initial Offer
During discovery, your attorney and the defendant’s attorney will exchange evidence to get a complete view of the case. Each team will then work to develop their strongest legal strategy.
After legal representatives on both sides have completed their discovery and deposition, the two parties try to negotiate a settlement. If a fair agreement can’t be reached, your claim will proceed to the next step: mediation.
Mediation
In the mediation process, both sides will meet with a neutral third party. This mediator will attempt to find a reasonable agreement between the claimant and the defendant. If an agreement can’t be reached, your personal injury lawsuit will likely go to trial.
Preparing for Trial When Necessary
While most cases don’t go to trial, the Christian trial lawyers at Simmons & Fletcher are well-equipped to represent your claim in court if your needs aren’t being met by a just settlement.
Schedule Your 18-Wheeler Accident Consultation Today. Get free help via an initial case evaluation with an empathetic and experienced commercial truck lawyer.
Steps to Take After a Truck Accident
After experiencing a truck accident in Houston, TX, your first priority should be your physical health. Remove yourself from any present danger and seek out medical attention immediately—even if you don’t think that you need it or you don’t notice any injuries.
Once you’ve gotten medical care and kept the records of your visit, proceed through the following steps:
- Call the police and provide a statement when they arrive;
- Take photos of the accident scene and damage to involved vehicles;
- Collect contact information from the truck driver and any witnesses;
- Keep records of all police statements and medical evaluations;
- Avoid talking to the truck company’s representatives or insurers;
- Avoid posting about the accident on social media;
- Contact a Houston truck accident lawyer as soon as possible.
Common Causes of Truck & 18-Wheeler Crashes
Truck accidents can happen for any number of reasons, including negligence by the truck driver or managing company. Negligence can include insufficient training practices, violations of trucking regulations, and more. However, the most common causes of 18-wheeler collisions include driver error and improper maintenance.
Driver Error or Negligence
Just like any car accident or motorcycle accident, truck accidents are often caused by driver error. Sometimes, driver errors can be caused by negligence, recklessness, or just plain thoughtlessness. In any case, they can lead to serious accidents that could have otherwise been avoided.
Some of the most common driver errors that lead to accidents include:
- Distracted driving;
- Driving under the influence (impaired driving);
- Fatigued driving;
- Failing to leave enough room to stop safely;
- Failing to obey traffic signals;
- Speeding or driving too fast in the existing conditions.
Improper Maintenance
If a trucking company fails to properly maintain its vehicles, it may be held liable for accidents. Poor maintenance can lead to a number of factors that could cause a serious truck accident, including brake failure, tire blowouts, and equipment malfunctions.
For example, let’s say a company neglects to perform required inspections or replace worn or defective equipment. In that case, they may be liable for an accident where the truck itself caused the crash.
In some cases, the product manufacturer or maintenance worker themselves may be found liable if they overlooked or didn’t fix a maintenance issue on the truck.
Common Types of Trucking Accidents
Large trucks can cause a number of different types of accidents, each with its own accompanying risks and dangers. Some of the most common truck accident types we see at our personal injury law firm include the following:
- Underride accidents;
- Rollover accidents;
- Rear-end collisions;
- Head-on collisions;
- Jackknife accidents;
- Wide-turn accidents.
Underride Accidents
An underride accident occurs when a smaller vehicle (e.g., a car) slides underneath the bed of the semi-truck or tractor-trailer. Since the truck has so much more space between its body and the road, it’s easier than you might think for a passenger vehicle to slide underneath. Underride collisions are one of the deadliest types of truck accidents, and they’re often caused by a truck stopping too quickly.
Rollover Accidents
Due to a commercial truck’s higher center of gravity, they are more likely to roll over when going around a tight turn or speeding through a curve. Rollover accidents may occur due to driver error, improper loading, or improper maintenance. They create a significant hazard to other motorists on the road, and they may even crush other vehicles and pedestrians as they roll over.
Rear-End Collisions
Truck drivers must put a significant amount of space between themselves and the vehicle in front of them. Large trucks are heavy and slow to brake, so it takes time for them to slow down—if the driver is distracted, speeding, or tailgating, a sudden stop by the car in front of them can lead to a rear-ender that may completely crush the braking vehicle.
Head-On Collisions
If a truck driver is fatigued, negligent, or simply loses control of their vehicle, they may drift out of their lane and cross over the median. If this happens, they may drive straight into the flow of oncoming traffic, causing a head-on collision. Tire blowouts and any other incident that could cause swerving may also lead to a head-on wreck.
Jackknife Accidents
If a large truck with articulated joints makes a too-quick turn or improper braking maneuver, the force may cause the trailing part of the vehicle to swing too wide and skid—creating a shape similar to a folding jackknife. Jackknife accidents can cause the back of the truck to strike nearby vehicles and even drag them along with it—which may lead to catastrophic injuries.
Wide-Turn Accidents
Truck drivers sometimes have to make tight right turns, which can be challenging in their large vehicles. To make such a turn, many truck drivers resort to swinging their cab wide to the left and then circling through a right-hand turn. However, this approach may cause vehicles in neighboring lanes to crash into the trailer or even get caught under the truck.
Common Injuries in Truck and Semi-Truck Accidents
Because semi-trucks and 18-wheelers are so large, truck accidents can cause a lot more damage than your typical motor vehicle collision. Truck accident injuries can be catastrophic, and severe truck accident injuries can have a lifelong impact on the people they’ve affected.
Some of the most common types of injuries we see after a truck accident include:
- Amputation;
- Broken bones and fractures;
- Burns, scarring, cuts, and lacerations;
- Head, neck, traumatic brain injuries, and injuries;
- Internal bleeding and injury;
- Spinal cord injuries;
- Wrongful death, in the case of a fatal accident.
Compensation & Recovery: What You Can Expect
Economic & Non‑Economic Damages
There are two main types of compensation available after a Houston truck accident: economic and non-economic damages.
Economic damages have a precise dollar value. They’re intended to reimburse injured parties for financial losses (e.g., medical bills, lost wages, etc.).
Non-economic damages, on the other hand, include losses that don’t have an obvious number value. These may include mental anguish and other emotional injuries.
The most common types of damages granted in Texas truck accident claims include:
- Medical bills;
- Future medical expenses;
- Loss of income and/or loss of future income;
- Property damage;
- Diminished quality of life;
- Pain and suffering;
- Loss of consortium in the case of a fatality.
Your commercial truck accident attorney will work to determine a just amount of financial compensation for all of your damages.
Punitive Damages
In some cases, a judge may award a third type of compensation: punitive damages. Punitive damages are meant to punish the liable party. This is different from economic and non-economic damages, which are meant to restore already-lost financial damages to injured parties. Punitive damages are only issued when the liable party has been egregiously negligent, reckless, or harmful.
Factors That Influence Settlement Values
The value of a truck accident settlement can vary widely depending on the specific details of the accident. Some of the most important factors in estimating how much a case may be worth include:
- Cost of medical expenses, including past, current, and ongoing care;
- Severity of injuries, especially if they are life-altering or permanent;
- Any lost income or a diminished earning capacity due to injuries;
- The level of mental anguish, pain and suffering, and other emotional damages.
Get Free Help After Your Truck Accident.
Request your free consultation to speak with a qualified lawyer for semi-truck accidents today.
Related Resources
- Bus Accident Lawyer: Find legal help for injured parties in bus-related crashes.
- FedEx, UPS & Amazon Truck Accidents: Read this guide to getting compensation after a delivery vehicle collision.
- Wrecker & Tow Truck Accidents: Get support for your injuries after a wrecker or tow truck accident.
- Underinsured & Uninsured Motorist Claims: Explore how you can recover damages even when other drivers lack coverage.
- Catastrophic Injuries: Find legal support for TBIs, spinal cord injuries, and other life-altering events.
- Wrongful Death: Get guidance on your path to justice and compensation for a fatal loss.
- Work Injury & Product Liability: Understand how claims work when it comes to negligent maintenance or defective truck parts.
- Common Causes of 18-Wheeler Accidents: Understand the key factors behind commercial truck crashes.
Truck Accidents FAQs
Do I Need a Lawyer for a Minor Truck Crash?
Yes, you should still hire a lawyer for a minor truck crash in order to protect your rights. Even if the truck crash seems minor now, you never know what invisible injuries or damages might arise later on. Hire a skilled truck wreck attorney to gather evidence now in case you need it later.
How Long Will My Case Take?
Your truck accident case will likely take anywhere from a few weeks to over a year. This is the average range for truck accident claims. However, every case is different, so it’s difficult to say exactly how long it will take to settle your particular case. A Houston truck accident attorney will be able to discuss the details with you and come up with an approximate timeline for your claim and settlement.
Can You Still Recover Compensation If You’re Partly at Fault for a Truck Accident in Texas?
Yes, you can still recover compensation if you’re partly at fault in a Texas truck accident. However, you must be less than 50% at fault for the crash, according to the Texas Modified Comparative Negligence Law. If you’re found to be partially responsible (but less than 50%), your awarded compensation will be reduced by the same percentage that you’re found responsible.
For example, if you’re responsible for 10% of the crash, your compensation will be reduced by 10%.
How Much Does It Cost to Hire a Truck Accident Lawyer?
It doesn’t cost anything to hire a Texas truck accident lawyer up front. Our big truck wreck lawyers work on a contingency fee, meaning that there’s no out-of-pocket cost to hire one of our lawyers for an 18-wheeler accident. You don’t pay anything unless we win your case. And, even then, our attorney fees will just come out of your final compensation. Attorney fees are 33.3% without a lawsuit, 40% with a lawsuit, and 45% with an appeal.
How Long Do I Have to File My Claim?
You have two years to file a truck accident claim in the state of Texas. This deadline comes from the statute of limitations under Title 2, Chapter 16 of the Texas Civil Practice and Remedies Code. If you don’t file within this time frame, you may lose any present or future right to compensation. An experienced truck injury lawyer can help you understand your deadline whether any exceptions apply.
Are Emergency Vehicles Commercial Motor Vehicles?
No, emergency vehicles are not considered as commercial motor vehicles. Despite their size, ambulances, fire trucks, and police vehicles aren’t regulated as commercial vehicles. If emergency vehicles are operated by the city, state, or county, they’re protected by Texas sovereign immunity laws. Even private ones have their own insurance rules.
