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Houston is a hotspot for traffic of all kinds, and vehicles of every type call our roads home. We are considered one of the largest shipping and trucking hubs in the nation, and our community takes a lot of pride in our service to the country.
Because we ship so many goods and products, we have a higher percentage of 18-wheelers on our roads. These behemoths are excellent for moving merchandise, but they can present a hazard to other drivers. More 18-wheelers on the roads usually lead to more accidents that involve them, and the accidents that do involve them rarely amount to simple injuries or fender benders.
18-wheeler accidents are so severe that they usually lead to significant vehicle repairs and replacements. They can also cause expensive medical issues and harsh emotional trauma stemming from the ordeal.
If you’re a Houston resident and you’ve been involved in such an accident, don’t wait to call DeHoyos Accident Attorneys today. We are experienced in personal injury cases that involve 18-wheelers, and we help you keep the driver, the company, or even the manufacturer accountable for their actions.
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.
Not all 18-wheeler accident cases in Houston go to trial. In fact, a significant percentage of these cases are settled out of court. The decision to go to trial depends on several factors specific to your situation. If the liability is clear and the insurance company offers a fair settlement, the case may be resolved without going to court at all. Most cases are solved this way. Taking the responsible party to court is usually a last resort.
However, if there is a disagreement over liability, or the settlement they offer you doesn’t cover your expenses, the case may need to go to trial. The trial process involves filing a lawsuit, gathering evidence, conducting pre-trial negotiations, and, if necessary, presenting your case in front of a judge or jury. As we said at the beginning, it can be a difficult process, but Gash & Associates can help.
Comparative fault, as the name suggests, compares how much each driver was at fault for the accident. Texas law recognizes that multiple parties can all be responsible for one accident, especially if that accident involved an 18-wheeler.
Imagine two drivers getting into a crash. The law looks at how much each driver contributed to the accident and assigns a percentage of fault. Let’s say Driver A ran a red light, but Driver B was speeding. The court might decide Driver A is 75% at fault for running the red light and Driver B is 25% at fault for speeding.
Now, if Driver B wants to be compensated for the accident, they can only receive 75% of the total damages since they were 25% at fault. However, since Driver A was more than 50% at fault, they can’t claim any money for damages. This rule makes sure that everyone’s responsibility for the accident is fairly considered.
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.
Since 18-wheeler accident cases are usually so complex, seeking legal advice is always a good idea. Experienced personal injury attorneys can help you understand your rights, navigate the legal system, and pursue fair compensation. Our attorneys are well-trained in 18-wheeler accident cases, and we know the benefits of a thorough investigation. With our help, you can protect your rights and hold the responsible parties accountable for the damage they caused.
Call DeHoyos Accident Attorneys today at (832) 745-4878.
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“As a client to this Law Firm, I found it to be rewarding base on their work ethics. With there expertise, knowledge, flexibility and being responsive to their client needs. They will see that their client receive the best outcome on there case. There are many people out there that have bad ideas about lawyers, but DeHoyos Accident Attorneys will make sure that you’re not stressed about anything pertaining to your case. I’ll recommend that you seek this Lawyer and Law Firm for any unraveling situation you might face.”
“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!”