If you or a loved one has been injured in a collision with an eighteen-wheeler, you know how difficult the recovery process can be. On top of the physical injuries sustained during the wreck, you now have medical bills to worry about, along with the cost of missing work due to your injuries. Pursuing a personal injury claim at the same time can create even more stress. To make your life easier right now, you need a personal injury attorney who is experienced with truck accident cases.
At Kherkher Garcia, LLP, our Houston personal injury lawyers have more than three decades of experience getting the victims of negligent drivers the compensation they deserve. If you have been injured in an accident with a semi-truck, make sure to call the truck accident lawyers of Kherkher Garcia, LLP at (713) 333-1030. You’ll get a free consultation, and you can discuss your case with an attorney who knows how to help you get the full and fair compensation you deserve after the accident.
Why Truck Accidents Are So Complex
When a mid-size vehicle gets hit by a big rig loaded with 80,000 pounds of cargo, the results can be catastrophic. Eighteen-wheelers can weigh over 25 times as much as a small sedan, and the difference in weight makes these accidents far more dangerous than regular collisions.
Nearly one in five accidents involving trucks colliding with cars results in serious injury or death – a much higher rate than collisions between personal vehicles. The safety features found in personal vehicles are often not sufficient to protect drivers or passengers against the force involved in a collision with a semi-truck.
Because their vehicles are so much more dangerous than regular cars, truck drivers are expected to be much more cautious when driving on roads and freeways. They undergo specialized training to become professional drivers and are obligated to know the complexities of handling their gigantic, heavy vehicles. They are legally required to limit their daily drive-time.
Even though most commercial trucks are driven by safe drivers, the sheer number of semi-trucks on the road at any given time means that accidents involving these vehicles are relatively common. And because these accidents often result in serious injury, trucking companies and their insurers work very hard to minimize the payout on just about every claim.
They will do their best to get you to accept a lump-sum settlement that may be worth only a fraction of what you would receive if the claim were handled by a skilled law firm. Pursuing a personal injury claim against a well-defended trucking company can be challenging at the best of times and should not be undertaken without a lawyer.
Insurance companies can also use the complexity of trucking accidents to pressure victims to accept settlements worth far less than what they are owed. For example, there are often multiple liable parties in truck accidents, from the truck driver and trucking company to the cargo loading company and the truck maintenance company.
A Houston personal injury attorney can help prevent the insurance companies of any of these entities from taking advantage of you and your family.
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Fault in Semi-Truck Accidents
It can sometimes be difficult to identify the at-fault party in a semi-truck accident. This is especially true if multiple parties are involved, which is often the case in truck accidents. Tractor-trailers are governed by both state traffic laws and federal guidelines on weight, hours driven per day, training requirements, and more. Failure to follow any of these guidelines may result in the truck driver, trucking company, or another entity being found at fault in the accident.
For example, the truck driver may be directly liable if they drove negligently and caused an accident. However, if the driver was fatigued at the time of the accident because the trucking company pressured them into driving past their hours of service limits, the trucking company may be held liable, as well. If cargo that was improperly loaded played a role in a truck accident, the cargo loader may be held responsible, as might the maintenance company if they failed to find a truck defect that contributed to the accident.
Identifying fault can also be complicated if multiple parties involved failed to follow traffic laws prior to the accident. For example, if one driver was swerving and another driver was following too close, they might both be found to be partially at fault.
In Texas, a standard of comparative negligence is used to assign fault. This means that if you are found to be partly responsible for the accident, your compensation may be reduced by the percentage you were at fault. For example, if the court finds that you are entitled to $100,000 in damages but also finds you were 20% at fault, you could only recover $80,000.
The experienced personal injury attorneys at Kherkher Garcia, LLP will bring their decades of experience with trucking accidents to bear on your case. They will review the details of your case with you and give you an honest assessment of what your claim is worth.
Truck Accident Statistics
Statistics related to truck accidents in Texas show just how pervasive and damaging these crashes are in the state:
In 2019, there were 452 fatal crashes in Texas involving semi-trucks. There was an additional 844 crashes involving semis that resulted in a suspected serious injury and another 2,267 truck-related accidents that resulted in non-incapacitating injury crashes.
6% of all truck accidents in Texas resulted in fatalities, and 3% resulted in severe injuries, compared to a .3% fatality rate and 1.7% serious injury rate for crashes that only involved passenger cars.
There were 26,150 crashes involving trucks statewide.
Kherkher Garcia, LLP has an excellent track record of success. We’re proud of the compensation we’ve earned for our clients, and we would like to get the same great results for you.
We received a 5.5 million dollar settlement for two men who were badly injured in an accident after a careless delivery driver rear-ended their car.
We won 6.5 million dollars in a jury trial in Tarrant County for the parents of a young man who was killed by a commercial semi-truck.
How Much Is My Case Worth?
If you were injured in an accident with a semi-truck, the value of your claim will depend on a number of factors, such as the circumstances of the crash and the severity of the injuries suffered.
It is easiest to calculate the economic losses you incurred as a result of the accident. Economic losses may include:
- Medical expenses
- Out-of-pocket expenses
- Property damage
- Lost wages
- Lost future wages
- Transportation to and from medical visits
Calculating the non-economic elements is less straight-forward. A skilled attorney can make an assessment of the value of non-economic factors that may apply in your case, such as:
- Pain and suffering
- Loss of consortium
- Diminished quality of life
- Emotional trauma and distress
The lawyers of Kherkher Garcia, LLP can carry out an in-depth investigation of the circumstances surrounding your accident. We have the resources to consult with experts and investigators in order to determine how much your claim is worth. We will gather all available evidence to show the extent of your losses as a result of the accident, and we will present the strongest case possible to prove that you are entitled to compensation as a result of the accident.
Why Should I Seek Compensation?
Truck accidents are serious – the expression “I feel like I got hit by a truck” is popular for a reason – and can have wide-ranging financial consequences. While the trucker’s insurers’ first offer may cover some of your losses, such as the repairs of a vehicle and the initial medical expenses incurred, it usually does not account for the full financial toll of the accident.
Loss of work following a serious injury can cost families tens of thousands of dollars, as can the long-term medical expenses involved in recovering from those injuries. The psychological and emotional strain of the recovery process can also create significant pain and suffering for an individual or a family, and that should be factored into the compensation you’re owed for the accident.
Anyone injured by a negligent truck driver should be fairly compensated for the pain and suffering they have endured as a result of their accident. The parties responsible for your injuries should bear the cost of those injuries. You should not have to pay money for the consequences of a horrible accident that was not your fault.
Why Should Kherkher Garcia, LLP Represent Me?
The attorneys at Kherkher Garcia, LLP have over three decades of experience representing the victims of truck-involved accidents in the Houston area. Our firm will bring in experts to assess the circumstances of your case, while our lawyers employ their detailed knowledge of personal injury accidents to determine the value of your claim, as well as the best way to go about pursuing that claim so that you can receive the compensation you deserve.
Our partner Steve Kherkher has a national litigation practice. He has been named a “Super Lawyer” by Thomson Reuters numerous times. He’s been named as a Top Mass Tort/Toxic Tort Lawyer and is certified by the Texas Board of Legal Specialization as a Personal Injury Trial Lawyer.
Founding partner Jesus Garcia is highly experienced in wrongful death, trucking accidents, premises liability, and other negligence actions. He has collected millions for his clients, including a verdict and judgment of $11,162,529 for the widow of a man killed by a drunk driver.
When you work with the lawyers of Kherkher Garcia, LLP, you’re in capable, compassionate hands. Their goal is to see that you get the compensation you deserve.
At Kherkher Garcia, LLP, we operate on a contingency-fee-basis, which means if you don’t receive compensation for your claim, you don’t owe us anything. Unless a settlement is reached or a jury verdict is reached, and you get money, there are no attorney’s fees.
Contact a 18-Wheeler Accident Lawyer Today
If you’ve been injured in a collision or other accident caused by an eighteen-wheeler, it’s important to find a personal injury attorney with truck accident experience as soon as possible.
Call the lawyers of Kherkher Garcia, LLP at (713) 333-1030 or contact us via our website to schedule a free, confidential consultation with a personal injury attorney today.