The Disastrous Outcomes Inherent to Houston Truck Accidents

Being involved in any traffic collision can have devastating effects on a person’s life. However, statistics show that these effects are even more disastrous when truck accidents occur. Collisions involving tractor-trailers result in a disproportionate number of serious injuries and deaths. So, how can you prove negligence in a Houston truck accident?

Unfortunately, the effort isn’t always straightforward. Due to the often extreme nature of injuries seen in these accidents, responsible parties will try to avoid any liability. This is sometimes made easier in a comparative negligence state like Texas — which we’ll discuss shortly — but with the right legal strategy and counsel, it’s possible to get the outcome you deserve.

Establishing Liability in a Semi-Truck Accident

While the effects of a truck accident are often more catastrophic than other motor vehicle collisions, the basic personal injury issues remain the same. Put simply, the injured party will need to establish that another party is liable for their injuries and losses. While fault may seem obvious to you, proving it in a court of law can be much more difficult.

If your attorney can reach a settlement offer with the liable party’s insurer, it’s possible to avoid the difficulties of court. However, the following elements will need to be proven during litigation if the insurer refuses to fairly compensate you:

Duty of Care

To establish that a truck driver or other responsible party is liable for your injuries, it’s first necessary to show that they had a duty of care. In many cases, this isn’t a difficult fact to prove. It simply means that the party in question had a responsibility to avoid actions or inaction that could cause harm to others.

For instance, a truck driver is expected to operate their big rig safely. Similarly, trucking companies are expected to vet their drivers – and truck manufacturers are expected to put safe vehicles on American roadways. In the majority of cases, anyone involved in the trucking industry has a duty of care of some type.

Violation of Duty

To establish that another party is responsible for your injuries, it’s necessary to show that they violated their duty of care. Was the truck driver speeding or intoxicated? Did the trucking company hire someone with a recent DUI conviction? Were the vehicle’s brakes faulty? These and other acts are clear violations of a party’s duty of care.

Direct Causation

Duties of care are violated every single day, and in most cases, they don’t result in harm. Anytime you see a driver speeding or running a red light, they’ve essentially acted negligently. However, this only results in liability when such acts are a direct cause of an accident.

Proving negligence in a Houston truck accident requires showing that the violation of a party’s duty of care was the underlying cause of an accident. In some cases, there can be multiple parties at fault. This is why it’s so important to have legal assistance in these cases.

Resulting Damages

Proving the preceding elements establishes that negligence occurred. However, you can only secure financial compensation if such negligence caused actual damages. This could be anything from medical bills and lost wages to the death of a loved one in a wrongful death case. These damages are typically compensable.

In fact, proving negligence in a Houston truck accident may result in financial compensation that you don’t expect. While injury victims are certainly entitled to the financial losses they’ve suffered due to negligence in the trucking industry, they may also be entitled to non-economic compensation. This could include pain and suffering, emotional distress, and more.

Gathering Essential Evidence

After suffering injuries in a truck crash, victims can seek financial compensation through settlement negotiations or litigation. However, either strategy will require collecting evidence that establishes negligence in Houston truck accidents. It’s understandable if you can’t obtain some of this on your own – that’s where a personal injury lawyer comes in.

Regardless, you should always keep in mind the importance of the following evidentiary assets:

  • Police reports
  • Eyewitness testimonies
  • Photographs and videos taken at the accident scene
  • Evidence of injuries (e.g., photos, medical records)
  • Truck driver’s logs
  • Truck maintenance records
  • Expert testimony
  • Evidence of economic loss (e.g., pay stubs, medical bills)

Such evidence can prove invaluable during a personal injury lawsuit. However, it’s also important during insurance negotiations. After all, an insurer or liable party is unlikely to offer a fair settlement if they don’t think you can prove your case in court. In fact, they only need to show that you were at least 51% at fault since Texas is a comparative negligence state.

In such a state, an injury victim who is considered at least 51% at fault for their injury will forfeit their right to compensation. This is why you should never speak with an insurer or trucking company without first consulting an attorney.

Do You Need an Attorney?

When someone suffers an injury in a truck accident, they often wonder whether they need an attorney. In some cases, they worry they can’t afford legal assistance. In other situations, they may simply believe their case is “open and shut.” However, both of these assumptions are typically inaccurate.

It’s first important to understand that most personal injury attorneys work on a contingency-fee basis. This means you will owe them nothing unless they secure compensation on your behalf. It’s also important to note that there’s no such thing as an “open and shut” case. Due to comparative negligence laws and other legal nuances, even seemingly simple cases can prove difficult.

For these and many other reasons, it’s always advisable to at least speak with an attorney. At The Shariff Law Firm, our legal team can show you how to prove negligence in a Houston truck accident. Contact us at 713-881-9739 for a free consultation to discuss your claims.