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Although Houston is one of the nation’s busiest trucking hubs, most 18-wheeler accident cases do not go to trial. The majority are resolved through negotiated settlements after attorneys gather evidence, determine liability, and negotiate with the trucking company’s insurance carrier. However, when liability is disputed, damages are substantial, or the insurance company refuses to offer fair compensation, taking the case to trial may be necessary.
Houston’s extensive network of highways—including I-10, I-45, I-69, Beltway 8, and the Grand Parkway—supports thousands of commercial trucks every day. While these vehicles play a critical role in moving goods throughout Texas, they also increase the risk of devastating collisions. Because of the size and weight of 18-wheelers, these crashes often result in catastrophic injuries, significant property damage, and long-term financial and emotional hardships.
If you’ve been injured in a truck accident, understanding whether your case is likely to settle or proceed to trial can help you make informed decisions about your claim. The experienced Houston truck accident lawyers at DeHoyos Accident Attorneys prepare every case as if it will be tried before a jury, helping maximize settlement opportunities while remaining ready to fight for the compensation you deserve if litigation becomes necessary.
After an 18-wheeler accident, there are several legal issues that come up immediately. Victims may face physical injuries, emotional trauma, and financial burdens. Legally, these accidents involve complex liability issues because figuring out exactly what went wrong is never easy.
Depending on what happened, the responsibility for the accident could lie with the truck driver, the trucking company, manufacturers of the trucking equipment, or even government groups that are responsible for road maintenance. Determining exactly who is responsible for the accident is important because the responsible party (or their insurance) should be the one to pay your bills.
While every case is different, most 18-wheeler accident claims in Houston are resolved through settlement rather than a jury trial. After investigating the crash, collecting evidence, and calculating your damages, your attorney will negotiate with the trucking company and its insurance carrier. If they accept responsibility and offer fair compensation, your case can often be resolved without going to court.
However, not every trucking company is willing to negotiate in good faith. If liability is disputed, multiple parties are involved, or the insurance company refuses to pay the full value of your claim, filing a lawsuit may become necessary. Even after a lawsuit is filed, many truck accident cases settle before reaching trial. If a fair agreement cannot be reached, your attorney will present your case before a judge or jury and fight for the compensation you deserve.
At DeHoyos Accident Attorneys, we prepare every Houston 18-wheeler accident case as though it will go to trial. Thorough preparation not only strengthens your position in settlement negotiations but also ensures we’re ready to aggressively advocate for you in court when litigation is the best path forward.
Texas follows a modified comparative fault rule, which can significantly affect whether an 18-wheeler accident case settles or proceeds to trial. Insurance companies often argue that the injured victim shares responsibility for the crash in an effort to reduce the amount they must pay. When the parties cannot agree on who was at fault, the dispute may ultimately be decided by a judge or jury.
Under Texas law, each party is assigned a percentage of fault based on the evidence. For example, if a truck driver failed to yield but another driver was speeding, a jury may determine that the truck driver was 75% responsible and the other driver was 25% responsible. If the injured person is found to be 50% or less at fault, they can still recover compensation, but their award is reduced by their percentage of fault. If they are found to be more than 50% responsible, they are barred from recovering damages.
Because trucking companies and their insurers frequently attempt to shift blame to injured motorists, gathering strong evidence is critical. Police reports, black box data, dash camera footage, driver logbooks, witness statements, and accident reconstruction experts can all play an important role in proving liability and maximizing your recovery.
Although the above example works great for an average auto accident, 18-wheeler accidents are anything but average. In those cases, the percentage of fault can be spread around to include other parties besides just the two drivers.
If the company made unfair demands on their driver’s schedule, which led them to ignore safety standards, the company would be held accountable. If the company responsible for maintaining the trucks skipped an important step, they could be at fault. Even the people in charge of loading the trucks could share some of the blame if the load was unstable and it contributed to your accident. Spreading the percentage of liability across multiple sources reduces the likelihood that you will be blamed for the accident. By protecting yourself in this way, you ensure that all of the parties responsible for your accident are also responsible for your compensation.
In Houston, trucking companies operate under a number of regulations set by both the Federal Government and Texas itself. We know our city is an excellent location for trucking, so we set laws to keep our citizens safe. These regulations include:
After an 18-wheeler accident, the legal focus often shifts away from the drivers to whether the trucking company followed these regulations. If a company is found to have violated any of these rules, it can be held legally liable for the accident, and it might have to pay for any injuries or damages caused.
Although most Houston 18-wheeler accident cases settle before trial, every claim should be prepared as if it will be presented to a jury. Thorough preparation often leads to stronger settlement offers and ensures you’re ready if the trucking company refuses to accept responsibility or offer fair compensation.
At DeHoyos Accident Attorneys, we investigate every aspect of your truck accident, preserve critical evidence, identify all potentially liable parties, and aggressively negotiate with insurance companies. If a fair settlement cannot be reached, our trial-ready attorneys are prepared to fight for you in court and pursue the maximum compensation available under Texas law.
If you or a loved one has been injured in an 18-wheeler accident in Houston, don’t wait to protect your rights. Contact DeHoyos Accident Attorneys today at (832) 745-4878 for a free consultation and learn how we can help you pursue the compensation you deserve.
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“I can’t say enough good things about DeHoyos Accident Attorneys! Mr. Ryan DeHoyos is extremely knowledgeable in his field of Personal Injury. I was injured in a motor vehicle accident last year and Mr. DeHoyos stopped at nothing to get me the compensation I deserved. He kept me updated on my case regularly and guided me to get the medical care I needed. Additionally, his staff is so kind and caring, especially Ashley… Thank you, DeHoyos Accident Attorneys for your professionalism in closing my case…and WINNING big!”
RAVEN DOLBERRY