Houston Truck Accident Lawyer
- Houston Truck Accident Lawyer
- Texas Truck Accident Attorneys Handling Cases Across the U.S.
- Why You Need An Experienced 18 Wheeler Accident Lawyer Handling Your Case
- Causes of 18-Wheeler Accidents
- What Should I Know Before Contacting a Truck Accident Attorney?
- Handling 18-Wheeler Accidents in Other States
- What is a Commercial Truck?
- Other Information on Trucking Accidents
- Talk To Our Truck Accident Lawyers
Texas Truck Accident Attorneys Handling Cases Across the U.S.
If you or someone you love has been the victim of a truck accident, call 800-298-0111 to speak to a truck accident lawyer at Simmons and Fletcher, P.C. today. Time is of the essence. Evidence has a way of disappearing in these cases. For that reason, you should retain legal counsel with experience handling truck accident claims immediately. Simmons and Fletcher, P.C. has been handling these cases since the 1970’s. We handle them anywhere in the United States on a contingency fee basis. Call now to speak to our truck accident attorneys at: 800-298-0111.
If you have just been in an accident with a commercial motor vehicle, you should read:
Why You Need An Experienced 18 Wheeler Accident Lawyer Handling Your Case
The companies who operate commercial motor vehicles vehicles and their insurance companies typically have damage control personnel on staff who are trained to respond to collisions immediately to try to minimize the potential liability exposure of the company for their negligent conduct. It can be critical to your case that your attorney acts quickly to obtain and document any evidence before it disappears. Our truck accident lawyers will begin to investigate your case immediately. Based in a city of the size and resources as Houston, Texas, we have experts ready to go at any time.
Investigating and Preserving Evidence
Knowing what to look for and how to obtain the information is very important in truck accident cases. The truck accident lawyer you choose must be qualified to determine which of the following actions are required immediately after a commercial motor vehicle collision:
Obtain receipts, bills of lading, orders and other documentation of the load
- Acquire driving histories, drug and alcohol tests
- Subpoena vehicle maintenance records
- Secure photos, statements and police reports
- Obtain toll tags, records and vehicle weight tickets
- Examine pay stubs and work records
- Take measurements of skid marks, vehicle damage and the scene
- Review drivers’ log books and federally-required records of pre-trip and post-trip inspections.
- Examine the “black box” that records truck speeds and brake applications
Our Houston truck accident attorneys at Simmons and Fletcher, P.C. are experienced in investigating these cases and know what to look for and where to find it.
Causes of 18-Wheeler Accidents
There are many reasons 18-wheeler accidents happen. Sometimes it is the driver’s fault. Other times the real responsibility lies with a company that overworks the driver, ignores or encourages rule violations, or fails to adequately inspector maintain the tractor-trailer. Some common causes of truck accidents are as follows:
- The use of alcohol, over-the-counter and/or illegal drugs by the truck driver
- Failure to maintain a proper lookout by the truck driver
- Failure to secure a load by the truck driver resulting in a lost load or spillage
- Overloading the vehicle by the driver or the loading company
- Failure to properly maintain the vehicle braking system by the trucking company
- Failure to properly train drivers and/or loaders by the trucking company
- Speeding, reckless or grossly negligent driving by the truck driver
- Negligent hiring or negligent retention of reckless or unqualified driver
- Jackknife truck accidents
Watch this video to learn more:
What Should I Know Before Contacting a Truck Accident Attorney?
A. Truck Wrecks Aren’t Like Other Auto Accident Cases. Cases involving 18-wheelers and other commercial motor vehicles are drastically different than the typical run-of-the-mill automobile collision cases because the devastation is often greater and the resources available for the trucking companies and/or businesses operating the commercial vehicles are unmatched. Their “emergency response teams” will arrive quickly. They are fast talking and will seem like they genuinely care, but they are only interested in the best interests of their own business or insurance company. Tread carefully, and do not give any statements or allow them to take anything from the scene. We strongly urge you to call an 18-wheeler accident lawyer immediately after an accident involving a commercial vehicle before any evidence is removed, destroyed, or obtained solely to use against you.
B. The Laws Applicable to Commercial Motor Carriers are Different. The first thing you have to determine in order to even know which laws apply is whether the commercial motor vehicle was engaged in interstate vs intrastate trucking and commerce. There are volumes of Federal and State laws that apply to specific types of commercial motor vehicles as well as to the trucking industry. Does your case fall under Federal Motor Carrier Regulations or State Motor Carrier Regulations? It is absolutely critical that you hire a trusted tuck accident attorney who is familiar with the law and has experience in handling trucking and commercial vehicle collision cases specifically so that every potential violation is explored.
C. Not All Lawyers Handle 18-Wheeler Accidents In House. At Simmons and Fletcher, P.C., our law firm handles truck accidents involving 18-wheelers and other commercial motor vehicles personally. This is important to know because some attorneys advertise for truck accidents and then refer them out to other, more qualified, law firms. We handle these types of cases ourselves which is why some lawyers refer these cases to us.
Our attorneys will travel to the scene to investigate the truck wreck. We also have access to experts and professional investigators who regularly investigate semi / 18 wheeler accidents and evaluate serious accident cases to get to the bottom of what really happened. Call an attorney you can trust.
Handling 18-Wheeler Accidents in Other States
Accidents with commercial trucks can occur when families are traveling across country or even on vacation. You may be wondering: “Can they help me if my truck wreck was not in Texas?” The answer is “Yes.”
Most jurisdictions have a vehicle that allows a foreign state truck accident lawyer to appear for the purposes of handling a matter in the state. This procedure is called a Motion to Appear Pro Hac Vice.” This is a powerful tool that enables our truck accident attorneys to appear in foreign states to prosecute a case and go to trial.
For example, in the past, Simmons and Fletcher, P.C. used this in Arizona to enable Keith M. Fletcher to handle an Arizona runaway 18-wheeler case caused by the trucking company’s failure to maintain the brakes properly. In that case, the truck driver was the victim of his own company. Keith M. Fletcher able to successfully make a recovery for the family of the victim. More commonly, the victims are the unsuspecting driver and passengers of other vehicles.
What is a Commercial Truck?
The term “Commercial Motor Vehicle” is defined by Federal law as:
“A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
- Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
- Has a gross vehicle weight rating of 26,001 or more pounds, or
- Is designed to transport 16 or more passengers, including the driver; or
- Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR 172, subpart F).” See 49 CFR 383.
Some examples of commercial motor vehicle accidents we handle are:
- dump truck accidents
- box truck wrecks
- 18 wheeler accidents
- garbage truck accidents
- bucket truck accidents
- tanker truck rollover
- bus accidents
- cement truck accidents
- tow truck accidents
Other Information on Trucking Accidents
- Federal Motor Carrier rules to combat driver fatigue
- Eagle Ford Shale trucking accidents
- Who is liable for a commercial truck accident?
- Top 10 causes of commercial truck accidents.
- Preventing truck-pedestrian and truck-cyclist accidents with side underride guards.
- Blind spots and maintaining a proper lookout by truck drivers.
- Federal regulations regarding drug use by commercial truck drivers.
Talk To Our Truck Accident Lawyers
Our truck accident attorneys have extensive experience handling 18 wheeler and other commercial motor vehicle accidents. Simmons and Fletcher, P.C. is a household name in Houston and Katy and a name recognized by the insurance companies we fight. With so much at stake, shouldn’t you hire the law firm that people have trusted since the 1970’s when it comes to serious accidents?
We understand the difficulty people face while recovering after a truck accident. Because of the hardship involved, we work on a purely contingency fee bases so that you pay nothing up front and only incur a fee if we win your case. Call us today for a free consultation: 800-298-0111.