Our attorneys at Simmons & Fletcher have a track record of competent litigation, 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 immensely proud to have received hundreds of 5-star Google reviews from our past clients. As these reviews corroborate, 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.

Houston Truck Accident Statistics and Hotspots

According to the Texas Department of Transportation, more than 22,000 trucks were involved in crashes across the state in 2020. In 2021, Texas was the state with the highest number of large trucks involved in fatal traffic crashes and also saw the most total vehicles involved in fatal traffic crashes of any U.S. state, according to the National Highway Traffic Safety Administration.

According to the same 2021 NHTSA report on large trucks, more fatal truck accidents occurred in the middle of the country (which includes Texas), rather than in the East and West. While we don’t know exactly why this statistical phenomenon occurs, we do know that an immense amount of the trucking industry traverses through the vast landscapes of the Midwest and the South.

Houston may also see a disproportionate number of these truck accidents due to the four major interstates that run through the densely populated city: I-45, I-10, US-290, and I-69. As a result, the residents of Houston and the clients we serve in its surrounding areas may experience many more catastrophic truck accidents than those in other cities.

Common Types of Truck Accidents in Houston

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:

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’re 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 middle line. If this situation occurs, they may drive straight into the flow of oncoming traffic and cause 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.

What Kinds of Injuries Result from Truck Accidents?

Because of the size of the standard semi-truck or 18-wheeler, truck accidents have the potential to cause much more damage than the typical motor vehicle collision. Truck accident injuries can be catastrophic, and severe truck accident injuries can have a lifelong impact on victims’ lives. Some of the most common types of injuries we see after a truck accident include:

Amputation;
Broken bones and fractures;
Burns and scarring;
Cuts and lacerations;
Head and neck injuries;
Internal bleeding and injury;
Spinal cord injuries;
Traumatic brain injuries;
Wrongful death, in the case of a fatal accident.

Causes of Truck Accidents in Houston

Truck accidents can happen for any number of reasons—sometimes, they’re due to the negligence of the truck driver or the company that manages them. A driver might operate their truck recklessly or neglect to rest when fatigue is impacting their driving, or a delivery company may fail to provide safety training on properly loading the vehicle with merchandise. However, there are many more potential causes of truck accidents in Houston, including improper maintenance and driver error.

How Does Poor Maintenance Contribute to Truck Accidents?

If a truck delivery company fails to maintain its fleet of vehicles properly, then it may be held liable for any ensuing accidents. For instance, a corporation may neglect to perform the required inspections or maintain and replace worn or defective equipment. In some cases, the product manufacturer or maintenance worker themselves may be found liable if they were negligent in performing their duties.

Poor maintenance can lead to a number of factors that would cause a serious truck accident, including brake failure, tire blowouts, and equipment malfunctions.

What Driver Errors Most Frequently Lead to Trucking Accidents?

Just like a car accident or motorcycle accident, truck accidents are often caused by driver error. Sometimes, these driver errors are caused by negligence and 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 present conditions.

Who Can Be Held Liable in a Houston Truck Accident?

Determining the liable party in a truck accident can often be more complex than in a typical motor vehicle crash. This complexity mostly stems from the multiple parties that may be individually or simultaneously liable: truck drivers, trucking companies, manufacturers, and other third parties. Each of these parties may be liable to a degree, and each one may have their own insurance policies and legal representation. For these reasons, it’s even more essential to hire resourceful and skilled legal representation who can faithfully investigate your claim and all parties that may be liable.

Additionally, the state of Texas passed House Bill 19 (HB 19) on September 1, 2021. This law altered the trial proceedings for legal actions involving commercial trucks, with the goal of protecting trucking companies from so-called “excessive” lawsuits. Essentially, the defendant in a commercial truck accident lawsuit must file for a bifurcated trial, which is a trial that’s conducted in two phases: (1) determining liability and (2) determining damages. While these bifurcated trials can make it more complicated to determine liability, a qualified Houston truck accident lawyer can help you navigate this process and will work diligently to find the liable parties in your case.

Truck driving at dusk

What to Do After a Truck Accident in Houston

After experiencing a truck accident in Houston, TX, your first priority should be your physical health. Remove yourself from any present and danger and seek out medical attention immediately—even if you don’t think that you need it. Then, proceed through the following steps in the aftermath of a Houston truck collision:

Call the local authorities;
Provide a statement to the police;
Take photos of the accident scene and damage to involved vehicles;
Collect the truck driver’s contact information;
Interview witnesses and collect their contact information;
Keep records of all police statements and medical evaluations;
Avoid talking to the truck company’s representatives;
Avoid posting about the accident on social media;
Contact a Houston truck accident lawyer as soon as possible.

What Is the Legal Process for Filing a Truck Accident Claim?

Depending on the specifics of the incident, most truck accident claims follow this process for filing and pursuing the case:

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.
Investigation: 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.
Filing the Claim: Your truck 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.
Discovery: 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.
Initial Offer: After legal representatives on both sides have completed their discovery and deposition; negotiations are often conducted between the parties. If a fair agreement can’t be reached, your claim will proceed to the next step.
Mediation: In the mediation process, both sides will meet with a facilitating third party. This mediator will attempt to find a reasonable agreement between the claimant and the defendant. Your personal injury lawsuit will likely proceed to trial if this step fails.
Trial: 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.

What Do You Need to Prove to Win Your Truck Accident Injury Claim?

To prove negligence in your truck accident injury claim (and hopefully win your case), you must prove four essential elements with the help of an experienced Houston truck accident lawyer: duty of care, breach, cause, and damages.

Specifically, you and your legal representation must prove:

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.

To have any chance of winning a truck accident injury claim, negligence must be proven. To prove negligence, you and your attorney must collect as much definitive evidence as possible to showcase the details of your case. Keep any and all records you have of your medical visits, as well as written communication between yourself and the defendant or their representatives. Your Houston truck accident lawyer may be able to use this evidence to fortify your case and fight for your right to compensation.

What Types of Evidence Are Crucial for Winning a Truck Accident Case?

To prove a truck accident claim, it’s crucial to present supporting evidence to leverage your case. This evidence may be collected by you, as well as by your meticulous and resourceful truck accident attorney. Some of the most common (and most influential) types of evidence required in a truck accident case include:

Photographs of the accident scene;
Witness statements;
Medical records;
Truck maintenance records;
Truck log books;
Cell phone records;
Black box data and GPS coordinates;
Company policies;
Local, state, and federal accident reports;
Expert opinion and testimony.

How Long Does It Typically Take to Settle a Truck Accident Claim in Texas?

Every truck accident claim is different, so it’s impossible to say exactly how long it will take to settle your particular case. However, these claims typically range from a few weeks to over a year, depending on a few key factors.

Certain factors can speed up or delay your claim process after a Houston truck accident. If the truck driver drives a UPS truck or FedEx truck, for instance, their legal and insurance representatives may try to get you to speedily accept a settlement—the financial amount of which may be far below the compensation you are justly due. Major delivery companies can be like that. We strongly advise against talking to insurance professionals in the aftermath of your case—instead, call a Houston truck accident attorney as soon as possible to discuss the details and timeline of your claim.

Additionally, the negligent parties and their representatives often have an interest in settling the claim more quickly—before long-term health issues and more costly damages are discovered.

On the other hand, delays in your claim can occur due to medical complications, investigation into the accident by government entities, witness depositions, or extensive research into the trucking company’s history of following federal safety regulations, maintaining their vehicles, and enacting safe driver policies.

What Is the Statute of Limitations for Truck Accident Claims in Texas?

The statute of limitations for adults filing a truck accident claim in Texas is two years from the date of the accident. This statute means that you have two years from the date of the trucking collision to file your claim. If you fail to present your suit within this timeframe, you may lose your chance to file for and receive the due compensation. This firm deadline is another reason to hire a Houston truck accident lawyer to assist you in your claim as soon as possible. (Minors have until their 20th birthday to file for certain claims, but the claim for their medical bills up until they turn 18 falls under the parent’s statute of limitations of 2 years.)

What Compensation Can You Recover After a Houston Truck Accident?

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 and are intended to reimburse injured parties for financial loss (e.g., medical bills, lost wages, etc.).

Non-economic damages, on the other hand, include losses that don’t have an obvious quantifiable value—your truck accident attorney will work to determine a just amount of financial compensation for these damages, which often 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.

In some cases, a judge may award a third type of compensation: punitive damages. Unlike economic and non-economic damages, which intend to restore losses to injured parties, punitive damages are meant to punish the liable party in the case that they’ve been egregiously negligent, reckless, or harmful.

Talk to a truck accident lawyer at Simmons and Fletcher, P.C. today by calling 800-298-0111.

Houston Areas Served

Our law firm is located on the west side of Houston. In addition to traveling all over the state, we handle local cases in Acres Homes, Aldine, Bellaire, Briarforest, Central Business District, Central Northwest, Chinatown, Deer Park, Dickinson, East Aldine, East Downtown, East Houston, Energy Corridor, Fourth Ward, Friendswood, Galeana Park, Greater Fifth Ward, Greater Hobby Area, Greater OST/South Union, Humble, Hyde Park, Independence Heights, Jacinto City, Jersey Village, La Marque, League City, Magnolia Park, Memorial Villages, Mission Bend, Northside, Northwest Houston, Pasadena, Pearland, Rice Military, Second Ward, Shady Acres, South Central Houston, South Main, South Park, Southeast Houston, Southwest Houston, Spring Branch East, Texas City.

FAQ's

Do I Need To Hire a Truck Accident Lawyer?

Yes. Hiring a lawyer as soon as possible is advised in order to ensure your rights are protected. Modern commercial trucks contain an electronic data recorder (often referred to as a ‘black box’) that contains valuable data about the truck’s motions, movements, and trips. There are also valuable maintenance and repair records, trip inspection records, logs, and other data that can provide important details and clues as to why the wreck happened. The sooner you get your lawyer and his investigation team on the job, the more likely they are to be able to preserve this information before it gets lost or destroyed. Hire a skilled attorney to stand up for you.

How Much Does a Houston Truck Accident Attorney Cost?

If a recovery is made, our attorney fees are 33.33% if no lawsuit is necessary. These fees increase to 40% if a lawsuit must be filed and 45% if an appeal occurs following a judgment. Our attorneys operate on a contingency fee, which includes an entirely free consultation. There is no up-front out-of-pocket cost to hire a truck accident lawyer or pursue your case. In brief, you do not pay anything unless we win your case! Attorney fees are in addition to reimbursement of any expenses the attorney incurs pursuing your case.

Are Emergency Vehicles Commerical Motor Vehicles?

No. Emergency vehicles such as ambulances, fire trucks, and police vehicles are not regulated as commercial motor vehicles despite the size of many being comparable to large trucks. If these vehicles are operated by the City, State, or County, then they are protected by Texas sovereign immunity laws that limit their exposure. Even the private ones have their own insurance rules–many of which are very inconsistent and poorly regulated.

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 less than 50% at fault for a truck accident in Texas. As long as you are not responsible for the majority of the crash, you can still claim compensation for your damages—this legal right is available to you through the Texas Modified Comparative Negligence Law. If you are found to be liable for 50% or more of your truck accident, you will likely not be able to receive any compensation.

If you’re found to be partially responsible for the motor vehicle accident (but less than 50%), then your awarded compensation will be reduced in proportion to the amount you are deemed responsible. If you are found to be 15% liable, for instance, your total compensation will be reduced by 15%.

What is a Nuclear Verdict?

The term “nuclear verdict” is a phrase given to multi-million-dollar jury verdicts and billion-dollar jury verdicts awarded in truck accident jury trials where a defendant’s conduct is so outrageous or causes such severe injury that the jury awards substantial dollar amounts in damages. The term is generally used by defense attorneys, insurance companies, tort reform activists, and people in the trucking industry as an attempt to try to disparage and create prejudice against high jury verdicts even when they are well-deserved.