Truck Accident Lawyer in Montgomery County
Ferocious Counsel for Serious Injuries
If you have been injured in a commercial vehicle accident due to someone else’s negligence, a Montgomery County truck accident attorney can help you fight for the compensation you deserve. Whether you were involved in a crash with a semi, big-rig, 18-wheeler, garbage truck, or any other commercial trucking vehicle, it’s important for you to have a skilled legal team on your side. Large trucking companies and their insurance providers often hold a lot of power, making these types of injury cases difficult to fight alone. Additionally, the imbalance in power and complexity of the case can leave victims receiving less than they deserve. That is why proper guidance from a personal injury lawyer is so important.
Scott Law Firm has years of experience in truck accident cases and can fight to ensure you receive fair compensation for all of the medical bills, loss of wages, and emotional and physical pain you have encountered. We know the details of the Texas laws to ensure that you are in the best position to receive the care and compensation you deserve for your truck accident claim. We care about the community and residents of Montgomery, TX, which is why you are our priority.
Contact Scott Law Firm today to begin with your free initial consultation.
Why You Need a Montgomery County Truck Accident Lawyer
A truck accident claim is typically more complex than an auto accident claim. There are often many parties involved, such as multiple local, state, and federal investigative agencies in addition to big trucking companies, multiple business owners, drivers, insurance companies, and vehicle manufacturers, to name a few. Furthermore, professional drivers must follow strict laws and regulations of the road in addition to the typical rules dealt with in a car accident case.
Common Truck Accident Injuries
Due to the size of many commercial trucks, it is not surprising that an accident can result in severe personal injuries. Whiplash and soft tissue injuries are common in truck accident cases in Montgomery County, Texas.
On top of that, there are also more common serious injuries as well including:
- Head and brain injuries
- Crushed limbs
- Spinal injuries
All of these severe injuries typically mean there will be many surgeries and rehabilitation treatments. As a result, the mounting medical bills quickly add up and can be very stressful. If you are injured or hospitalized, our legal team will come to you. We want you to have peace of mind knowing that you have a team to take care of your case.
Insurance Companies vs. Truck Drivers
The team here at Scott Law Firm has worked on many cases in Montgomery County, TX. We know how difficult it is to work with insurance companies. There always seems to be an imbalance of power between the insurance companies and trucking companies. Our professional staff knows what it takes to work with insurance companies so that you receive fair compensation for all of the medical bills, the emotional and physical pain you have encountered, and any loss of wages. We will work with all of the paperwork filled with legal terminology that insurance companies try to trick you with.
We know that it may seem like a simple thing to file a claim when you get into a truck accident, but we want you to know that it’s a lot different than filing a car accident claim.
What Makes Truck Accident Claims Different Than Car Accident Claims?
The main difference between truck accident claims and car accident claims is that truck accident claims tend to involve multiple parties. When there is a car accident, typically the injured victim will pursue a claim against the negligent driver. However, with a truck accident, the claim may be against the driver’s employer. Then, if the employer uses a different truck company than their own, the claim would also include the truck company. There are many factors of who would be responsible for the accident and it depends on all of the details and what actually happened. Filing a truck accident claim can get very tricky quickly, especially if the accident turns out to be a multi-vehicle accident.
Other differences are that truck accidents typically involve greater damage than a car accident. This means the claim would be much more involved. The greatest difference between these two types of claims is that there are certain state and federal laws in the trucking industry. Our team of professionals is skilled and knowledgeable about these laws.
Rules of the Road for Truck Drivers
The Federal Motor Carrier Safety Administration outlines service rules for truck drivers. In addition to rest break requirements, there are also limitations on the number of hours drivers can be on the road. Hour regulations for property-carrying and passenger-carrying drivers is one of the areas your attorney will evaluate when pursuing your case.
Property-Carrying Drivers in Texas:
- 11-hour driving limit: May drive a maximum of 11 hours after 10 consecutive hours off duty
- 14-hour limit: May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty; off-duty time does not extend the 14-hour period
- Rest breaks: May drive only if 8 hours or less have passed since the end of driver’s last off-duty or sleeper-berth period of at least 30 minutes
- May not drive after 60/70 hours on duty in 7/8 consecutive days: A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty
- Sleeper Berth Provision: Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two
Passenger-Carrying Drivers in Texas:
- 10-Hour Driving Limit: May drive a maximum of 10 hours after 8 consecutive hours off duty
- 15-Hour Limit: May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty; off-duty time is not included in the 15-hour period
- 60/70-Hour Limit: May not drive after 60/70 hours on duty in 7/8 consecutive days
- Sleeper Berth Provision: Drivers using a sleeper berth must take at least 8 hours in the sleeper berth and may split the sleeper berth time into two periods provided neither is less than 2 hours
When you hire a truck accident attorney in Montgomery County, they will need to be well-versed in the rules of the road. They will need to know the right questions to ask in order to identify the common issues truck drivers face that can result in an accident.
Issues for Truck Drivers
Driving a truck is not for everyone. One must be skilled and on high alert when driving commercial trucks. Some of the common issues that truck drivers experience are big blind spots. Due to their sheer size, failing to properly check their blind spot can result in a serious or even fatal accident.
Another issue commercial truck driver’s deal with is overloaded, inadequate, or imbalanced loads. If this happens, the vehicle can become difficult to drive and control, especially on those windy days. This is why it is so important that companies pack their trailers in a way that makes sense by giving each side equal weight. Unfortunately, there are Montgomery County truck accident cases that do occur as a result of trucks being overloaded.
Common Types of Montgomery Truck Accidents
With all of the semis traveling on the roads, accidents are a lot more common than you may think.
Some of the most common trucking accidents include:
- Cargo spills: As mentioned above, it’s extremely important to pack and secure loads properly. Some of the most common accidents we see are cargo spills. Loose cargos and/or goods spill over and can hit other vehicles resulting in massive pile-ups.
- Rollovers: The size of trucks and things like uneven loads can cause a truck to rollover. If a trucker is driving too fast and tries to make a quick turn or even switch lanes too quickly, this could also cause a rollover. These are often the most dangerous types of accidents because not only can a smaller vehicle be smashed, but it also puts the truck driver at great risk too.
- Jackknife: When a truck is carrying a full load or is overloaded, it can be difficult to stop quickly. That is why it comes as no surprise that when a truck driver is following too close to the car in front of them, they may slam on their brakes resulting in a jackknife. This could result in severe injuries to the vehicles around them.
Truck Accidents Due to Driver Error
Other common causes of truck accidents due to driver error include fatigue, distracted driving, poor maintenance, and drivers who are not qualified. Drivers should always take their brakes seriously to allow for adequate rest before returning to the road. They should also do an inspection of their vehicle before driving off.
What to Do After a Truck Accident in Montgomery County, TX
If you have been involved in a truck accident, the first thing you want to do is catch your breath. We know that the moment will be a very stressful one, but it’s important that you keep your composure. If you are able to move and can get out of the vehicle, try to get yourself to a safe location so you can call 911. While you wait, you can go ahead and take as many photos of the scene as possible – as long as it’s safe to do so. Once the police get there, they will take a statement from you about what happened. You want to be sure that you give accurate details and as many details as possible because you will need this when filing your claim. This is what the insurance companies will also use when considering compensation.
Depending on the amount of pain you are in and what the first responders recommend, you can either ride with an ambulance to the hospital or you can go at a later time. However, make sure that you seek medical attention as soon as possible. There are two reasons to go to seek medical care quickly: 1) to help you get better as soon as possible, and 2) to properly document your injuries. If you seek medical attention after a lot of time has gone by, then it will be difficult to prove to a jury that the injuries you are claiming are related to the truck crash.
What Comes Next?
After you have left the scene and are receiving treatment for your injuries, contact Scott Law Firm. You will want to provide any paperwork you have such as hospital records, police records, and photos from the accident scene. We understand that your injuries can be severe in a truck accident claim. For that reason, we will help to lift some of that burden off your shoulders so you can focus on your health. Our legal team will work with the insurance companies while you recover to help ensure you get fair compensation.
Hire a Montgomery County Truck Accident Lawyer with Experience
Getting into a truck accident is stressful enough as it is. You should hire a team with experience that can help you take a load off. You may be dealing with multiple parties – whether it’s insurance companies, others who were injured, or your employer. With all of these moving parts, you want to make sure that you are taking the right steps. A minor mistake in action can result in a loss of being fairly compensated.
Scott Law Firm has years of experience in dealing with truck accidents. Our team has the knowledge to deal with truck accident claims specifically. We understand the trucking industry and the various regulations and statutes that apply. Our staff wants you to have peace of mind knowing that you have a team behind you who is willing to fight for you.
Don’t delay – call us at (936) 243-4299 today to schedule your free initial consultation.
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