Truck Accidents

EVERY STORY MATTERS

Our Truck Accident Lawyers Aggressively Pursue Compensation on Behalf of the Injured

Mario did a great job on my case. He was extremely responsive and easy to work with. Thank you Mario and team for all your help. – Elizabeth W.

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Houston Truck Accident Attorneys

The impact that a large truck accident can have on a person’s life cannot be overstated.

Every day in Texas thousands of commercial trucks, which include big rigs, tractor trailers, 18-wheelers, delivery trucks, tankers, and more, move the products and materials that are essential to the American way of life. These trucks are vital; however, their size and power make them a dangerous presence on the road in the unfortunate event of an accident.

If you or a loved one have been injured or killed in a truck accident, you deserve to be fairly compensated for your pain and injuries. The attorneys of The de la Garza Law Group have thirty years of combined experience fighting for the rights of accident victims and helping them recover after an accident causes harm.

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Aggressively Representing Texas Car Accident Victims

82 Percent

Around 82 percent of fatalities in truck accidents are people in smaller cars, on bicycles or on foot. Passenger vehicles offer little protection from the impact of a large truck.

A commercial truck can weigh in at as much as 20 times the weight of a standard passenger vehicle at 80,000 pounds.

When a big truck is involved in an accident with a much smaller car, even at a lower speed, the results are often tragic. In these cases, the occupants of the smaller vehicle sustain much more significant injuries than those inside the truck. Truck accidents cause more severe injuries and fatalities than other types of accidents.

Truck Accidents in Houston

There were 581 fatal truck accidents in Texas in 2020.

Fatal Texas Accident Statistics

Texas leads the nation in the number of crashes involving large trucks, defined as trucks with a gross vehicle weight rating more than 10,000 pounds.

Our team of experienced Texas personal injury attorneys works diligently to obtain maximum compensation for the injuries our clients have endured.

Truck accidents occur at a moment’s notice, yet they can forever change the course of an accident victim’s life.

Texas leads the nation in the number of crashes involving large trucks, defined as trucks with a gross vehicle weight rating more than 10,000 pounds. As a large state with a large population and more roads, this makes sense statistically but is nonetheless an unfortunate figure. There were 556 fatal truck accidents in Texas in 2017, which resulted in almost 650 deaths. In addition, there were more than 1,500 big truck accidents resulting in serious injury.

There are roughly 500,000 accidents involving a big truck nationally every year. Of those, 4,761 people were killed in 2017 according to data from the National Highway Transportation Safety Administration (NHTSA.).

Truck accidents occur at a moment’s notice, yet they can forever change the course of an accident victim’s life.

Texas leads the nation in the number of crashes involving large trucks, defined as trucks with a gross vehicle weight rating more than 10,000 pounds. As a large state with a large population and more roads, this makes sense statistically but is nonetheless an unfortunate figure. There were 556 fatal truck accidents in Texas in 2017, which resulted in almost 650 deaths. In addition, there were more than 1,500 big truck accidents resulting in serious injury.

There are roughly 500,000 accidents involving a big truck nationally every year. Of those, 4,761 people were killed in 2017 according to data from the National Highway Transportation Safety Administration (NHTSA.).

Texas leads the nation in the number of crashes involving large trucks, defined as trucks with a gross vehicle weight rating more than 10,000 pounds.

Our team of experienced Texas personal injury attorneys works diligently to obtain maximum compensation for the injuries our clients have endured.

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Although professional truck drivers are trained to operate their trucks, the size and reduced maneuverability of big trucks can contribute to a serious accident from one seemingly small mistake.

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Some common causes of big truck accidents include:

Impaired Driving: Operating a vehicle either while under the influence of drugs or alcohol or while distracted by a phone or other device causes too many preventable accidents.

Reckless Driving: Speeding, unsafe maneuvering and more contribute to many crashes, especially around big trucks that have areas of little to no visibility.

Equipment Failure: Big trucks and trailers require special maintenance. Mechanical or cargo issues can create unsafe conditions. Common examples of this include brake failures, tire problems and improperly loaded trailers.

Negligence: Whether the driver of the truck or another motorist who is at fault, failure to use adequate caution is the most common reasons for an accident. Drivers that fail to obey traffic laws and patterns can easily cause an accident.

Driver Fatigue: Truck drivers are often under intense pressure to make their deliveries as quickly as possible. Even though there are laws that dictate how many hours truckers can drive and how many hours they must rest, they sometimes are not enough. Driving while tired is especially dangerous when operating a tractor trailer.

Regardless of the type of truck accident that resulted in your injuries, we can help. Our dedicated team of experienced Texas trial lawyers confidently represents clients throughout the process, including in both settlement negotiations and trial. It is important for accident victims to remember, under Texas state law, accident victims have only two years from the date of the injury to file a claim.

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When I had my accident they called to check up on me, that's what you call caring for their clients. Thank you so much for all you did. - JT

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ESTABLISHING LIABILITY

All commercial truck drivers and the companies who employ them must abide by state and federal laws to maintain safety. These laws dictate things like the number of hours drivers are allowed to drive, how much they should rest, maintenance, record keeping, licensing, weight limits, required equipment and more. Not following these laws leads to dangerous, often avoidable, accidents.

The actions of multiple parties could have contributed to an accident and therefore more than one party can be found liable for any resulting injuries. The driver of the truck, another driver on the road, the owner of truck or trailer, a shipping or loading company, maintenance company, manufacturer, receiver, and other could potentially share liability depending on what caused the accident.

Determining exactly what led to the accident happening is critical to establishing legal liability. An experienced truck accident attorney will investigate an accident by whatever methods are appropriate to prove who was at fault and hold them accountable.

To do this, an attorney will investigate the accident. They will collect and preserve critical evidence, speak with witnesses and experts, gather maintenance records and driver logs from the trucking company and whatever else is necessary.

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Truck Accident Frequently Asked Questions

In Texas truck accidents, investigating an accident and uncovering how it unfolded is critical to establishing legal liability. Once the cause of an accident is known, the next step is identifying what parties, if any, acted negligently. A defendant can be negligent by either acting or not acting in a way that causes harm.

To prove negligence, you must first establish that the defendant owed you a duty of care, or, more simply put, that they had an obligation to act in a way that would not hurt others. Since drivers owe each other a duty to act responsibly on the road, it is generally easy to prove a truck driver owed you a duty of care.

Next, you must show that the truck driver violated that duty, and that the violation was the cause of your injuries. Proving this can be tricky, as insurance companies have teams of lawyers who will try to spin the facts to make it seem like their client’s actions did not cause your injuries.

To complicate matters further, Texas uses a modified comparative negligence, or “proportionate responsibility” standard to determine whether any monies are owed to plaintiffs. Under this standard, 1) anyone who is not more than 50 percent responsible for an accident can collect damages, and 2) the amount of damages will be reduced by the plaintiff’s percentage of fault.

In truck accidents, multiple parties could have contributed to an accident. The truck driver, another driver on the road, the owner of the truck or trailer, a shipping or loading company, a maintenance company and others could potentially share liability depending on what caused the accident. Therefore, a determination must be made as to what percentage of blame each party shares.

If you have been in a truck accident, the experienced truck accident attorneys at The de la Garza Law Group will work tirelessly to investigate the crash and establish fault on the part of the defendant. We will preserve critical evidence, speak with witnesses and experts, gather maintenance records and driver logs and negotiate with insurance companies on your behalf so that you can focus on healing.

Truck accidents differ from car accidents because trucks are so much bigger than the average passenger vehicle. Truck accidents are often caused by the fact that bigger vehicles are harder to maneuver and take longer to stop. The size and weight of a commercial truck in comparison to a car makes truck accidents significantly more dangerous than car accidents, too.

The first thing to do after a truck accident is make sure you are in as safe a situation as possible. After any crash, vehicles can come to rest in positions that present further danger to their occupants. Get a sense for your circumstances and do what you can to protect yourself from further danger. Next, call the police so that they can come to the scene and investigate the crash. If possible, take photographs and video of the scene, vehicles, and truck driver. As soon as possible, seek medical attention for any injuries you may have sustained. Even if you feel they are minor you should still be seen by a doctor to be sure. It is common for the full extent of an injury in a car or truck accident to not be known for days afterward.

The truck accident attorneys at The de la Garza Law Group work on a contingency fee basis. This means that you pay nothing until and only if your case is won. If a recovery is made, the attorney is paid a percentage of the settlement. If no recovery is made, you pay nothing and ow nothing to the attorney.

Every truck accident is different. The money you can legally recover for injuries you suffered as a result of a truck accident depends on several factors. Damages, also called “compensatory damages,” are awarded to repair a wrong or compensate for an injury. These damages are classified as either economic damages or non-economic damages. In many cases, the most reliable factor for estimating a truck accident victim’s probable recovery will be the economic damages, which are damages that can be easily quantified, such as medical expenses and loss of earning capacity in the past and future. Non-economic damages are damages awarded to compensate for physical pain and suffering, physical impairment, mental anguish and disfigurement. In severe cases, these can be important factors in estimating the probable recovery.

Another factor to consider in estimating a truck accident victim’s probable recovery is the percentage of responsibility that the parties to a truck accident bear for causing the accident. If multiple parties contributed to causing the crash, then at trial, the court will ask the jury to assign a percentage of responsibility to each party. Your recovery will be reduced by your own percentage of responsibility, if any. Under Texas law, if the jury determines that you were greater than 51 percent responsible, then you cannot recover.

In Texas, the statute of limitations for personal injury claims, including those arising from a truck accident, is two years from the date of the injury. You must file a lawsuit and serve the defendant with the lawsuit no later than two years after the date of the injury. In certain cases, serving the defendant with the lawsuit can take significant time and effort. Failure to meet this deadline will result in your claims being forever barred. You can, and in many cases, should, make a pre-suit claim to the at-fault party’s insurance carrier well in advance of the expiration of the two-year period. This is the standard process in most cases, and many cases settle without the need for filing of a lawsuit. But if your case does not settle within two years from the injury and you fail to file a lawsuit, your claims are forever barred. Act quickly to preserve your rights. An experienced truck accident lawyer can help guide you through the process.

Truck accident lawyers, including those at The de la Garza Law Group, usually work on a contingency fee basis. This means that there are no fees upfront and you will pay the attorney a percentage of the money you are awarded when they win your case. You pay nothing if there is no award or settlement. There is no risk to work with an attorney and they typically will be able to secure a much larger award than you could on your own.

Commercial truck accidents can create shared liability situations after an accident. For example, the driver may have nodded off while driving, causing the accident. Not only could the driver be responsible but also the company that hired them. The company may not have observed the required minimum rest periods for drivers and pressured drivers to skip breaks to meet tight deadlines. The owner of the truck, the company that schedules the truck’s jobs, maintenance companies or even the truck manufacturer could all claim or share liability depending on what caused the accident.

Commercial trucks are significantly heavier and bigger than passenger vehicles. A fully loaded truck can be 60 feet long and weigh as much as 88,000 pounds. Commercial trucks are harder to handle than smaller vehicles too. Some require 400 feet to come to a full stop when traveling at the full speed allowed on Houston’s highways. Truck operators need more time to react to unforeseen situations on the road.

Because they are so large and unwieldy, physics make commercial trucks more dangerous on the road. The force of impact in a commercial truck accident is much more powerful and can easily cause catastrophic injury to the occupants of smaller vehicles when hit.

A Team of Texas Personal Injury Lawyers Dedicated to Helping You Get Your Life Back on Track

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Talk to a Houston truck accident attorney

If you or a loved one were injured or killed in an accident involving a big truck, contact an experienced truck accident attorney without delay. An attorney will represent your best interests and protect your rights as you pursue fair compensation and will help you navigate the complicated and overwhelming legal process.

In some cases, you will be offered a settlement from an insurance company. This demands a closer look. Trucking companies often have the means to fight accident claims aggressively to avoid lawsuits and negative publicity. These companies and their insurance companies do not have your best interests at heart.

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Thank you! You guys are #1 to me.

Mr. Mario de la Garza and his team are one of a kind and hands down the best law firm in Houston. They really do care about you and take your case seriously. He takes your calls and actually takes the time to talk to you and explain how everything is going to work and he leaves no questions unanswered. I also want to say his team is the best! Lidia thank you so much for always replying to all my emails, calls and messages. All though I know I was a pain at times, she was always so responsive, patient and would always return my calls when she said she would. – Christina L.

★★★★★

I was fortunate to have him on my team and recommend him highly.

Mario de la Garza is a good lawyer. He secured insurance reimbursement for a personal injury that has taken 2.5 years settle. He was compassionate and patient and provided good counsel when solutions appeared non- existent. He was tenacious with medical providers, coordinated payments on a timely basis and worked well with insurance companies. I was fortunate to have him on my team and recommend him highly. - HP

★★★★★

My experience with The de la Garza Law Group was phenomenal.

Me being a 21 year old juggling my time as a full time employee and a full time college student dealing with a car accident sounded terrifying, but with the help of Mr. Mario de la Garza all my worries went away. He made the process so easy and met every one of my expectations and more. I would highly recommend The de la Garza Law group to anybody especially young adults who are terrified of having to deal with a car accident for the first time. Trust and believe The de la Garza Law Group will not disappoint. - Stefanie G.

★★★★★

Mario fought for every single penny in my case.

I was in a 18 wheeler car accident late August 2019. And as soon I got out the hospital, I looked up a good Injury attorney law firm to help me with this case. And the De la Garza law firm was the first one to pop up. They took care of me throughout the nine months. They have a great staff. With great people. I give them 5/5 stars. Mario fought for every single penny in my case. You got to respect a lawyer that’s willing to go beyond for you. I highly recommend De la Garza’s law firm. Thank you guys. - JW

★★★★★

I would definitely use Mario again.

The one thing that made me at ease with him was that when I would text him, I would get a response every time within 10 minutes or less. There was always an answer from him every time I had a question. He was always on time or a few minutes early when we had to meet up for things pertaining to my case. He would even work & reach out to me about my case on Saturdays & Sundays (7 days a week). I would definitely use Mario again if needed and would highly recommend him to someone else needing an attorney. - Robert C.

★★★★★

We are extremely grateful to The de la Garza Law Group

Our case pertained to an auto-pedestrian collision involving a commercial vehicle that resulted in catastrophic injuries to my brother. Unfortunately, and ultimately these injuries resulted in his wrongful death due to this hit and run in the Houston area. On behalf of my family, we are extremely grateful to The de la Garza Law Group for all their legal assistance. Mario de la Garza personally assisted in all legal matters pertaining to/and getting settlements for all medical bills and restitution for the family until the matter was concluded. We highly recommend this firm.
– Mariann B.

★★★★★

His team is very professional and I would highly recommend to anyone.

My experience with Mr. De la Garza was very pleasing during a difficult time. My case was a workplace injury causing serious injuries that unfortunately lead to a wrongful death. He was very patient with all of us due to several families being involved in this case and worked well with us all. I am glad he didn’t turn down our case (like others did). I was very pleased with how everything was handled in this case and the outcome as well. His team is very professional, and I would highly recommend to anyone. Thank you, Mr. de la Garza and team. – Lisa L.

★★★★★

I fully recommend The de la Garza Law Group for any legal representation.

Attorney Mario de la Garza, who is fluent in English and Spanish, is very professional and passionate about his work. My daughter and I are very satisfied with the outcome. At The de la Garza Group you will find a friendly and communicative staff, which along with the attorney, will handle your legal case with a very positive and professional demeanor. - Desiree D.

★★★★★

Thank you for your help.

My experience with De la Garza law group was a very long pleasant experience it was a little difficult to keep up with it since this was my 1st experience with an attorney, but he did really great to keep in touch even though I have a very busy schedule with work and hard to reach and was very informative before, and during the whole process. Thank you, Mr. de la Garza for your help. – Denise G.

★★★★★

It’s like a breath of fresh air having someone like Mario fight for you.

I have been a client of Mr. De la Garza two times now where he shows professionalism and honesty and a definite care for the people he represents. I got in a car accident in February and it caused such a hardship coming close to an end. It’s like a breath of fresh air having someone like Mario not only represent you but fight for you. I hope not to have any more accidents but if I did I will look forward to working with him again! – Ashley V.

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Our team of Houston truck accident lawyers is dedicated to helping clients obtain compensation for their injuries.

The attorney team at The de la Garza Law Group has 30 years in combined experience and are ready to help after you or a loved one have been hurt in a trucking accident. Schedule a free initial consultation by calling us at 713-784-1010 or contact us online.

We work on a contingency fee basis. If we do not recover compensation for you, you will not pay us anything. If your injuries prevent you from easily coming to our Houston offices, a home or hospital room visit can be arranged. At The de la Garza Law Group, every case is personal. Our attorneys are happy to accommodate you after your accident.

We proudly represent clients throughout Texas, including all major metropolitan areas. We represent many clients throughout the greater Houston area, including Harris County, Fort Bend County, Galveston County, Brazoria County, Jefferson County, Chambers County, Waller County, and Montgomery County, including The Woodlands, Pearland, Pasadena, Baytown, Clear Lake, Galveston, Conroe, and Sugar Land.