A truck accident can turn your life upside down in an instant. Medical bills pile up, lost wages put financial strain on your family, and the pain of recovery can feel overwhelming. But here’s the harsh reality—truck accident cases aren’t like regular motor vehicle crashes.
And while you’re trying to recover, the trucking company’s insurance lawyers is already working to minimize your claim and protect their bottom line.
Why Hire the Krist Law Firm to be Your Houston Truck Accident Lawyer
1. Decades of Experience and Proven Results.
At the Krist Law Firm, P.C., we have spent decades fighting for truck accident victims and their families handling numerous types of truck accident cases. We understand the investigative techniques necessary to successfully handle a truck accident – in or out of court.
We understand the unique complexities of the law, from federal trucking regulations to black box data analysis, and we know how to build a case that gets results. For example, we work closely with experts, including:
accident reconstruction specialists,
life care planners,
engineers,
medical professionals, and
forensic electronics specialists who can capture and analyze data from a truck’s data recorder or “black box.”
With these experts on our side, we can present a strong case to prove the cause of the crash and your injuries, as well as the extent of your mental and physical damage.
In 2014, we won the largest commercial truck verdict in Texas, with a $6,028,000 jury award for a motorcyclist whose leg was amputated below the knee after a crash with a tractor trailer.
We will work closely with you and your family to keep you informed about the details of your case. When you work with the Krist Law Firm, you can be confident that our legal team is working for your best interests.
“I really get very close to my clients. I fight for them like I would one of my friends” -Attorney Scott Krist
3. Our Team Is Trial Ready
We have taken many cases to court and will not hesitate to seek a jury verdict in your favor to get you what you need. If we determine that we need to pursue a lawsuit to get you what you deserve, we have the resources to do so.
The sooner you take action, the better. Why?
Evidence can disappear fast, and trucking companies won’t wait to protect themselves. Call us today for a free consultation, and let’s start building the case that gets you the maximum compensation you deserve.
Why a Skilled Commercial Truck Accident Attorney Matters for Injured Victims (Truck Accident Claims vs Car Accidents)
Getting Fair Compensation
The trucking company’s insurance agent’s job is to make a settlement offer for as low an amount as possible. Despite what they might say or how helpful and understanding they seem to be, they do not have your interests or the best interests of your family in mind. They have a duty to protect the trucking company and the insurer, not to protect you.
It is unlikely that the amount they offer you will be enough to cover all of your expenses, plus the pain and suffering you may be enduring for a lifetime.
Our experienced truck accident attorneys know how to determine what amount is reasonable and how to negotiate a fair settlement from the insurance company. If the insurance company acts unreasonably, your attorney can seek justice on your behalf in court.
Multiple Parties Add Complexity
In a typical vehicle accident, your attorney is really only negotiating with the insurance company of the other driver. Because there are multiple parties involved in a truck accident case, a Houston 18-wheeler accident lawyer must be skilled in negotiating with multiple parties including major insurance companies, the driver of the truck, his or her employer, and vehicle and parts manufacturers.
A Proper Investigation is Complicated But Necessary for Maximum Compensation
A major difference between car accidents and those involving commercial trucks comes down to training and maintenance. Truckers driving through Houston must complete specialized training, education, as well as hold possession of a valid commercial driver’s license for operation of a commercial truck. Most professional truck drivers attend an independent trucking school or apprenticed with a trained driver at a trucking company.
The driver must have met certain qualifications before operating a commercial 18-wheeler, for example. Other FMCSA laws govern the number of hours a truck driver can work as well as other conditions specific to operating a commercial truck.
If a truck driver caused an accident but did not complete the required training or licensure, a claim can and should be brought against the commercial trucking company for negligence. The same concept applies if the commercial trucking company did not properly maintain or service the vehicle, or if a component of the vehicle such as the brakes are found to be faulty through negligence or misconduct.
Our Houston personal injury lawyers are intimately familiar with both Texas state laws and federal regulation and will know which laws and regulations apply in your specific case — and how to use them to build a strong argument in favor of your receiving compensation.
Catastrophic Injuries Are More Common and Require Close Accounting of All Damages
Damages in a case involving an 18-wheeler tractor-trailer or similarly large type of commercial truck tend to be higher simply because the injuries in these types of trucking accidents are, by their very nature, extensive.
A loaded semi-truck can weigh in excess of 80,000 pounds while most passenger vehicles weigh around 3,000 pounds. It’s not hard to do the math and see how that difference in size and weight may lead to severe injuries or fatalities.
Some of the most common truck accident injuries:
Head and Traumatic Brain Injuries
Broken Bones
Amputations
Burns
Spinal Cord Injuries
Neck and Back Injuries
Internal Injuries
Torso and Rib Injuries
Cuts and Lacerations
Seatbelt and Airbag Injuries
Wrongful Death
This greater likelihood of serious injuries is the very reason that commercial trucking operators are required to carry insurance with higher liability limits.
This also means that there may be more insurance money available to settle a truck accident lawsuit. By engaging with qualified, competent lawyers like a Houston truck accident attorney at The Krist Law Firm, P.C. you will likely be able to receive the maximum available compensation for your injuries and losses.
Truck Accident Lawsuits Explained
Liability in a Truck Accident Case Explained
Keep in mind that determining liability is far more difficult in truck accident cases than in simple motorists collision because of the number of parties that may be involved.
It is not always immediately clear who is liable in a truck accident. Depending on the facts of the case, it is possible that both the driver and the trucking company could be held liable for the injuries and other losses resulting from a trucking accident.
There are also cases where the mechanic who worked on the truck or a truck parts manufacturer could share in the liability for the accident. These are questions that will be answered as your case is investigated. This is one of the reasons hiring experienced counsel is so important to your case.
Determining who to sue for damages in a truck accident case is the most important strategic aspect of your claim and is a job for an experienced trucking accident attorney.
Finding All Liable Parties
Accident investigations involving trucks and other vehicles in Texas are extraordinarily complex. Very often, commercial transport companies deploy their own team of investigators to respond to every incident.
The investigator is paid by the commercial trucking company, so they have no interest in the well-being or fair compensation to the victim. Any evidence gathered by investigators working for the trucking companies is likely to implicate the victim, and commercial transport companies will unapologetically use that evidence against the victim during recovery negotiations or a trial. This is why it is critical to hire an attorney that has the resources and skills to investigate the accident on your behalf.
Compensation and Damages Explained
Because each personal injury lawsuit is based on a unique set of facts and circumstances, the type and amount of compensation you may receive will depend on the individual factors surrounding your accident.
Once it is determined that you are entitled to recover damages because of another party’s negligence, your actual damages will be assessed. These might include:
past medical bills,
ongoing medical care and future medical expenses
lost wages,
lost earning capacity
pain and suffering,
vehicle and property damage,
Punitive Damages
In some cases, an injured party will receive additional amounts in the form of punitive damages. Punitive damages may be awarded in cases where the responsible party’s actions were particularly egregious.
For example, a trucker driving while intoxicated or a trucking company having prior knowledge a truck was unsafe or, there is evidence that a party to the truck crash acted in bad faith or with the intent to harm another party.
Big Rig and Large Truck Accident Negligence
The types of truck accidents that occur on our roadway are often direct results of specific acts of negligence. Understanding this link is crucial to building a strong case.
There are many ways a truck driver or trucking company could be negligent in their actions. For instance, a catastrophic jackknife accident can be caused by a trucking company’s failure to properly maintain the trailer’s brakes. A tire blowout could be the result of a company’s negligent failure to replace worn tires. A rear end collision with a small vehicle is frequently due to a driver’s negligence such as distracted driving. This same negligence can cause the driver to lose control, leading to a devastating roll over accident.
At The Krist Law Firm, we investigate the specific mechanics of your crash to trace the path from a dangerous event on the roadway back to the negligent party—whether it’s the driver, the trucking company, or a parts manufacturer—to ensure they are held fully accountable for your losses.
Comparative Negligence and Reduced Compensation
In Texas, your actions may reduce the amount of compensation you can receive under a theory known as comparative negligence. Comparative negligence means that you contributed to your own injuries in some manner.
Texas law states that the compensation you receive should be lessened in proportion to the degree of fault you contributed to your accident or injuries.
For example, if a jury decides that your injuries are worth $100,000 in compensation, but you are found to have contributed 30 percent of the fault, your verdict would be reduced by 30 percent, or $30,000. You would receive $70,000 of the $100,000 verdict.
If you are found to bear more than 50 percent of the fault, you have no legal claim to compensation.
The best way to understand what your case is worth is to consult with a truck accident attorney for a free case evaluation.
Truckers Negligence
In many semi-truck accident cases, the common causes of collisions are caused by negligence on the part of the truck driver, whose behaviors may include:
Driving while under the influence of drugs
Distracted driving for example texting and driving
Reckless driving such as speeding or driving too aggressively for the road conditions
Trucking Company’s Negligence
On the other hand, there are many ways in which the trucking company can be negligent:
Setting unworkable delivery times that undermine safe driving behaviors
Delaying part replacements, including tires, and key mechanical items
Postponing or failing to perform diagnostic vehicle inspections
Pressuring truck drivers to drive longer than federal law permits
Length of a Truck Accident Case
Each case is unique and the length of time is dependent on a variety of factors. However, the legal process for all personal injury lawsuits follows the same procedure:
Step 1: Free Initial Consultation – We will listen to your story and help you understand the laws involved and legal process through which a personal injury claim can be made.
Step 2: Discovery Process – We will go through the process of gathering evidence and establishing facts about your truck crash. This phase takes up the majority of time in a personal injury case. It involves obtaining the truck’s black box, trucker logbooks, employee records, and company files. We may also interview, or depose, parties and witnesses and obtain opinions from experts. Your trucking accident lawyer will utilize the discovery process to ensure we obtain all the necessary information to prove your truck accident claim.
Step 3: Initial Demand for Compensation – After establishing the liability of the trucker and truck company and obtaining information about how much money you’ll need to cover your losses long-term, we will make an initial demand to the insurance company for compensation. We will consider past and future losses to be sure we include everything you need to move forward with your life after a devastating crash.
Step 4: Truck Accident Lawsuit – Most insurance companies deny an initial demand and make a lowball counter offer. We will not accept less than you deserve. If necessary, we’ll file a truck accident lawsuit to verify our determination to obtain compensation for you. A lawsuit will involve a complaint, motions, and many other complex legal documents. Strict deadlines must be adhered to so that we meet court requirements. We will make sure all conditions are met to give you the best chance of success.
Step 5: Negotiation in Truck Cases – There may be several steps in the negotiations process. Counteroffers and additional demands will be made with both sides trying to seek beneficial outcomes. We will make sure the trucking company, their insurance, and their lawyers understand we will not accept an offer that does not meet your needs.
Step 6: Truck Accident Mediation – We may attempt to mediate your legal claim. This involves meeting with a mediator, the defendants, their insurance company, and any other necessary parties. Both sides will provide a statement and we will have a chance to provide information about how much money we feel the defendant owes you for your injuries. Many cases are settled through the mediation process; however, if we cannot reach an acceptable financial outcome, we will take the case to trial.
Step 7: Trial – Many law firms avoid trial; however, The Krist Law Firm, P.C. is not afraid to take a case to trial. We have experienced attorneys who know local court procedures and can effectively present evidence to a judge or jury. If we take your case to trial, we will work to obtain the highest possible verdict.
Statute of Limitations for Truck Collisions
The Texas statute of limitations states that you must file a lawsuit not later than two years after the date of your trucking accident. For instances of wrongful death, the statute of limitations is still 2 years, but the date the time limit begins is not the date of the trucking accident and is rather 2 years after the death occurred.
Fatal Truck Crashes Statute of Limitations
rAs a general rule, a person injured in a Texas trucking accident or the survivors of a person killed in a Texas truck crash have two years from the date of the accident to file a lawsuit.
It is important, however, to hire an attorney as soon as possible after the accident in order to preserve evidence of the crash. The longer you wait to start your case, the more likely it is that crucial evidence could be destroyed or go missing.
If your loved one was involved in a fatal truck wreck, you are likely experiencing emotional distress and are unsure of how to handle the financial loss.
You may be able to recover the following through a wrongful death claim:
Burial and funeral expenses
Loss of financial contributions
Loss of care, support, maintenance, advice, and counsel
Loss of love, companionship, comfort, and society
Loss of inheritance you may have received if your family member had lived a normal expected lifetime.
You may also be able to recover for medical expenses, physical pain, and mental anguish that your loved one suffered prior to passing away because of the truck accident.
Our Houston truck accident attorneys at The Krist Law Firm, P.C. understand your concerns. We will compassionately listen to your story, determine your needs, and work with insurance companies and third parties to obtain the financial compensation that you deserve.
Cost of Hiring Our Personal Injury Lawyers
It costs nothing unless you recover. Most personal injury lawyers work on a contingency fee basis. This means that they will charge a fee based on the compensation you receive and you will not be charged any money — not even the costs of pursuing and taking a case to trial — unless and until you recover. Talk to your truck accident attorney about the contingency fee structure they offer their clients in cases like yours, but typically contingency fees range between 25% – 40% of the recovery.
Schedule Your Free Consultation with Our Trial Lawyers Today
At The Krist Law Firm, P.C., our skilled semi-truck accident lawyers balance the aggressive pursuit of your Houston trucking accident claim with the compassion and understanding you and your family need during what is undoubtedly a stressful time filled with uncertainty. We’ll make sure that you understand all your options and are informed through every step of your case so that you can make the decisions necessary to protect and care for your family.
When we represent you, we’ll fight to get you the maximum compensation possible for your injuries and hold the person or company who caused your accident accountable for what happened to you. Our experienced truck accident litigators know the laws and possess the skills that will make or break your case.
Call us at 281-283-8500 for a free consultation about how we can put our significant experience to work for you.
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