Overcoming Challenges in 18-Wheeler Accident Claims: Houston’s Path to Fair Compensation

Is there anything more jarring than a sudden car accident? Just hearing the words evokes chaotic imagery of shattered glass and defensive injuries. Unfortunately, the answer is yes. A car accident pales in comparison to an accident involving an 18-wheeler. 

These massive vehicles are so pervasive in our area because of Houston’s continued efforts to cement its claim as one of the largest and most efficient trucking hubs in the nation. As business booms, accidents with these motorized monstrosities become all too common. Those affected by these accidents have a unique claim for compensation to address their injuries. 

That’s where our specialized 18-wheeler accident attorney can help. At DeHoyos Accident Attorneys, we regularly handle cases involving 18-wheeler accidents and their victims. We are uniquely qualified to guide 18-wheeler accident victims through the legal process of financial compensation. With our help, you can focus on rest and recovery while we fight for the settlement you deserve. 

18-Wheeler Accident Statistics in Texas

As we said, Texas is ideally situated as one of the largest trucking hubs in the nation, and the city of Houston is constantly updating its safety guidelines. That’s because the statistics surrounding Texas 18-wheeler accidents are alarming:

1. In 2021, the Texas Department of Transportation reported over 19,000 commercial motor vehicle crashes in Texas.
2. These crashes resulted in 685 fatalities and 3,820 serious injuries.
3. The Federal Motor Carrier Safety Administration (FMCSA) noted that in 2020, Texas had the highest number of fatal crashes involving large trucks in the U.S.
4. Texas accounted for 11% of all fatal crashes involving large trucks nationwide.

It’s no wonder then, that Houston’s attempts at 18-wheeler safety are some of the most responsible in the nation. It’s when these safety measures are ignored that problems arise. 

18-Wheeler Accidents in Texas: Cause and Effect 

Unfortunately, 18-wheeler trucking accidents are usually caused by driver negligence. Truckers often feel the need to overwork themselves in order to reach stringent deadlines. This can lead to driver fatigue, which the National Transportation Safety Board (NTSB) cited as the leading cause of fatal 18-wheeler crashes. 

So, the cause of trucking accidents is plain to see, but the effects of driver fatigue on Houston residents are more difficult to pin down. Basically, if you or a loved one have been involved in an accident involving an 18-wheeler in or around the Houston area, you are entitled to compensation that covers a broad range of costs. We’ll outline those costs in the next section, but it’s important to consult with our experienced personal injury attorney for personalized advice specific to your case. 

Types of Compensation You May Be Entitled to After an 18-Wheeler Accident

Again, each case is unique, but here are the types of personal damages usually awarded to Houston resistance in cases of 18-wheeler accidents:

• Medical Expenses: This covers both past and future medical costs related to the accident.
• Physical and Emotional Distress: Compensation for pain, suffering, mental anguish, and physical impairments or disfigurements that have already occurred, as well as those anticipated in the future.
• Economic Losses: This includes lost earnings, reduced earning capacity, and damages to property.
• Miscellaneous Damages:
  • Loss of Consortium: The loss of the benefits that you provide as a family member. Both financially and physically. 
  • Loss of Use: Inability to use items, often vehicles, due to the accident.
  • Exemplary Damage: Penalties for incredibly reckless actions that aim to punish the perpetrators. 

The most complicated step in the compensation process is convincing insurance companies, and later perhaps juries, that the injuries you sustained qualify you to receive these damages. That’s where the help of DeHoyos Accident Attorneys can be crucial. We are experienced in presenting each unique case in a way that insurance adjusters can’t deny. We maximize your settlement by listening to you carefully and then fighting on your behalf. 

Challenges to Receiving the 18-Wheeler Accident Compensation You Deserve 

Proving your side of the story is not without its set of challenges. 18-wheeler trucking companies usually have an army of attorneys and insurance agents dedicated to the idea of saving them money in personal injury settlements. Moreover, Texas operates under a legal system called “modified comparative negligence.” This means that your overall settlement amount may decrease if you are found to be partially responsible for the accident. This detail makes it even more challenging to recover the damages that you are due. Here are some ways you can maximize your settlement and ensure that modified comparative negligence doesn’t impact your case.

Preparing Your 18-Wheeler Accident Case with Modified Comparative Negligence in Mind

In Texas, the concept of modified comparative negligence plays a critical role in 18-wheeler accident claims. It’s a system where a victim’s compensation can be reduced based on the percentage of their fault in the accident. If you are found to be more than 50% responsible, you might not be entitled to any compensation at all. Therefore, it’s essential to prove that your negligence, if any, was minimal.

Maximizing Your Settlement by Minimizing Your Negligence:

1. Document the Scene Thoroughly: Immediately after the accident, take photographs showcasing the accident scene, vehicle placements, road conditions, and any skid marks or debris.
2. Seek Immediate Medical Attention: Not only does this prioritize your health, but it also documents the direct aftermath of the accident. This means insurance agents can’t argue that your injuries were unrelated.
3. Gather Eyewitness Accounts: People who saw the accident can provide a third-party perspective that might corroborate your claim of minimal or no fault.
4. Avoid Admitting Fault: As we said, there’s nothing quite as jarring as an 18-wheeler accident. The shock you feel may cause you to apologize or explain what happened. This is always a bad idea because not only are you emotional, but you do not yet know all the circumstances of the accident. Admitting fault at the scene can be used against you later on. 
5. Secure Expert Support: Accident reconstruction experts or traffic analysts can help show how the 18-wheeler’s actions, rather than yours, led to the accident. This is a step that our 18-wheeler accident attorney regularly employs to prove your side of the story.

DeHoyos Accident Attorneys: Your Personal Injury Advocates

By focusing on these strategies, you can present a solid case that emphasizes the truck driver’s or trucking company’s responsibility and maximize your compensation. At DeHoyos Accident Attorneys, we’re dedicated to ensuring you’re armed with the best defense against any claims of negligence. Call us today at (832) 745-4878 for tailored legal advice about your personal injury claim. Houston strives for safer trucking practices, and those who fail to consider your safety must be held accountable.