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Trucking Accidents

Personal Injury Attorneys

Our personal injury practice at Robins Cloud LLP includes representation of those who have been involved in accidents with large commercial trucks. We have extensive experience with these types of personal injury cases, so we know that these accidents can cause significant destruction and even death.

We Can Help

Being involved in an accident with a commercial truck can be a terrifying event with life changing consequences. This type of accident can put your health and ability to work in jeopardy and your vehicle may be seriously damaged or completly destroyed. At a time when your attention should be solely focused on recovering from your injuries, there are often many things that need to be done to secure your legal rights.

Active Trucking Lawsuits

A lawsuit is more likely to result when a person is involved in an accident with a commercial truck than when involved in an auto vs. auto accident for several reasons. There is a bigger incentive for the insurance companies to litigate when the damages are higher as it makes the cost of a lawsuit more justifiable and the returns potentially greater.

Selecting a Trucking Accident Attorney

The award winning attorneys at Robins Cloud LLP have been helping trucking accident victims around the country for the last twenty years. Our philosophy is simple: we strive to do what is right for you. We work hard to provide you with the justice you deserve. We have no agenda of our own, no interest in forcing you to accept unfair settlements to get your case resolved hastily, and no interest in going to trial to egotistically demonstrate our skills. We believe that the client's interest should always come first and we will always conduct ourselves upon the idea that the client comes first.

Have you or a loved one been injured due to a Trucking Accident?

Fill out the form below or call us at 866.517.9520 for a free consultation about your trucking accident case.

2015, Trial Lawyers Board of Regents Firm Award
2016, Rising Star, Ari Friedman

Trucking Accident Attorneys

Our personal injury practice at Robins Cloud LLP includes representation of those who have been involved in accidents with large commercial trucks. We have extensive experience with these types of personal injury cases, so we know that these accidents can cause significant destruction and even death. In other words, it’s not uncommon to see clients who have been seriously injured or killed if they’ve been involved in an accident with a tractor-trailer. In 2014, approximately 4,000 people in the United States were fatally injured in truck accidents, and seventy-two percent of these deaths occurred in truck accidents involving large tractor-trailers. Moreover, in 2014, an estimated 111,000 people were injured in large truck accidents, which was a seventeen percent increase from 2013.

A fully-loaded tractor trailer can weigh up to 80,000 pounds which is significantly larger than a passenger vehicle. Because these vehicles are so large, they need up to forty percent more distance to stop than an average passenger vehicle. Since this discrepancy is even greater when road conditions are slippery or wet, it’s not surprising that it’s extremely difficult for a truck to stop suddenly or on time to prevent a crash. Increased braking time and distance is only one factor that may cause or contribute to a trucking accident. Other factors may include:

  • Road and weather conditions; Speeding;
  • Failure to comply with other traffic laws or signals;
  • Driving under the influence of alcohol or drugs;
  • Failure to comply with trucking regulations;
  • Driver fatigue;
  • Lack of experience;
  • Driver distraction like sending and receiving texts;
  • Improperly balanced or overweight loads;
  • Inadequate training in safety and driving technique; and,
  • Improper maintenance of a truck.

Truck Accident Lawsuits

Like other personal injury cases that involve car accidents, successful lawsuits typically depend on whether you can prove that the truck driver, or another who might be at fault, was negligent. Thus, you must establish that the defendant or defendants involved owed a duty to you to exercise reasonable care so as to avoid injury, that they did not exercise that duty of care, and that the breach of that duty was the cause of your injuries. Because there most likely is more than one defendant in your case, including the truck driver and the trucking company, or contractors and mechanics, an experienced Trucking Accident Attorney can help determine who might all be at fault for your damages. Since Texas follows a modified comparative fault rule, or “proportionate responsibility” rule, a defendant could easily argue that you are at fault for the accident. If you are found to be at least fifty-one percent at fault for the accident, you would not be entitled to any compensation whatsoever. The experienced Trucking Accident Attorneys at Robins Cloud LLP have the knowledge and the resources to stand up to these accusatory defendants so that you can obtain the compensation you deserve.

How Long Do I Have to File a Trucking Accident Lawsuit?

Similar to other personal injury cases, there is a two year statute of limitations for filing a trucking accident lawsuit. This means that you must file a lawsuit within two years of the date of the accident. While two years might seem like a long time, if you’ve sustained serious injuries and if you think more than one defendant may be involved, you should probably consult with an experienced Trucking Accident Attorney as soon after your accident as possible.

Steps to Take if You’ve Been Involved in a Trucking Accident

If you find yourself in an accident with a large truck, you should try your best to remain calm. You should also seek and receive any necessary medical attention for injuries that you have sustained. If possible, it’s also a good idea to collect the contact and insurance information from any others involved in the accident and to take photographs with your camera or phone. The information that you are able to collect at the scene of the accident will be useful when your attorneys are building your case should you decide to file one.

If you have sustained serious injuries and you’re facing significant medical treatment, be sure first to focus on obtaining proper treatment, and after you are stabilized, you should think about consulting with an experienced Trucking Accident Attorney. The insurance and trucking companies may be harassing you to give a statement or to sign something, but you should know that legally, you do not have to speak with them. Focus on recovering after a serious accident and let the dedicated Trucking Accident Attorneys at Robins Cloud LLP deal with the insurance and trucking companies.

Sometimes, the driver, whose livlihood may depend on being exonerated of fault, may push his insurance company to defend a lawsuit rather than accept responsibility.

If You’ve Been Involved in a Trucking Accident, Contact Robins Cloud LLP Today

At Robins Cloud LLP, your first meeting with our attorneys is always free, and if we do take your case, you won’t owe us anything as we only get paid when we win your case. This allows you to focus on healing after a serious accident rather than having to worry about how you might pay for legal representation. Accidents involving large trucks are both physically and emotionally damaging and at Robins Cloud LLP, our goal is to make things easier for you in the aftermath of the accident. At Robins Cloud LLP, we have the knowledge and resources to stand up to large insurance and trucking companies, so you don’t have to alone. Contact our Trucking Accident Attorneys today at 713-650-1200 or toll free at 866-517-9520, or fill out the contact form on our website, and learn more about what we can do for you.

Why should I schedule a free consultation with the award winning attorneys at Robins Cloud?

Trucking companies have armies of attorneys and decades of experience processing trucking accident claims. They have investigaors across the country who are often former police officers and will be at the scene of the accident speaking with their driver and police. It is the insurance company's sole objective to pay you less than your claim is worth so that they can maximize their company's profit. They are counting on your lack of experience and knoweledge about your legal rights and will delay processing your claim. They are hopeful that you do not speak to an attorney to obtain advice about the trucking accident and will act as though they have your best interests at heart. They will act like they care but they are wolves in sheeps clothing and they know every trick in the book. How can you even the playing field? It is critically important that you speak to an attorney as soon as possible after a trucking accident.

Speak to an attorney before you speak to the insurance company and do not give them a statement. They will use your words against you. In many cases, the claim may be unfairly contested or the insurance company will be unreasonable. The award winning attorneys at Robins Cloud would be honored to speak to you about your trucking accident, free of charge, to insure that you have a basic understanding about the claims process and if they decide to take your case, will insure that all your legal rights are protected and you are fully compensated for your injuries. Do not be victimized by a greedy insurance company. Get an experienced lawyer who will fight for your rights and pursue justice to the fullest extent of the law in an attempt to maximize your recovery and obtain fair compensation for your injuries.

Get Help Today

When you choose Robins Cloud LLP to handle your trucking accident case, our knowledgeable attorneys and experts will work hard to make sure you obtain the compensation you deserve, which may include:

  • Any medical expenses, whether they are past, present, or future;
  • The pain and suffering that you’ve had to endure;
  • Any wages that you’ve lost due to your injury or illness and any lost future earning potential;
  • Expense required to repair your vehicle and the loss of use due to the damage
  • Lost quality of life;

It does not matter whether you case settles outside of court or goes to trial, at Robins Cloud LLP, our attorneys will work hard to make sure you receive the compensation you deserve.

Frequently Asked Questions

What’s the first thing I should do after a commercial trucking accident?

Contact police, assess the scene and make sure everyone is okay. Seek medical attention, if necessary. Document as much about the accident as possible – this would include taking pictures of the scene and any injuries you may have, obtaining insurance information, getting names/contact numbers of any witnesses who stop to help. Also, it’s not unusual for trucking companies to send defense attorneys, investigators, and insurance adjusters immediately to the scene to mitigate and lessen the company’s liability, so be sure you do not speak with them or sign anything. If you do, you could unknowingly relinquish your rights or put your truck accident case in jeopardy.

I was injured in a commercial trucking accident. Can I receive money for the time I missed work?

It is possible to receive money for the time you missed work due to your injuries. Your recovery can include payment for income lost through missed work and for any lost “earning capacity” resulting from the crash.

How much money will I receive for my commercial truck accident case?

Every truck accident case and every person is different. It depends on several factors such as how serious your injuries are, how long the injuries last, the permanency of injuries and whether surgery is involved. Another key factor will be the insurance investigation, which could reveal different layers of insurance coverage, excess layers, umbrella insurance policies or sister corporations. There can also be different entities involved (i.e. shippers and load brokers), who may also be responsible and have additional insurance coverage.

How long will my commercial truck accident case take to resolve?

Each lawsuit is different, but generally, the time period could be anywhere from several months to three years.

More Details About Trucking Accident Lawsuits

The U.S. Department of Transportation through its agency, the Federal Motor Carrier Safety Administration, regulates various aspects of the trucking industry. Under DOT regulations, truck drivers must keep written logs and are limited by the number of daily and weekly hours they may drive, the specific roads and highways they may drive upon, and a lower legal definition of drunkenness (.04 BAC). If a driver violates these regulations, or any regulation be it State or Federal, it can be deemed by a jury that the driver was negligent merely for violating that regulation. An attorney must carefully evaluate all of the evidence available to determine if such a violation exists. Obtaining and analyzing this evidence is a cornerstone in developing your claim and it is wise to hire an experienced trucking attorney to undertake this task when so much is at stake.

Equipment Related Negligence

Commerical trucks, like any vehicle, can break down. If the breakdown of a component ina truck was a factor in causing an accident, then the driver, the owner of the truck, and the companies responsible for performing repairs upon the truck may be liable for the injuries the breakdown caused. Each truck has a a "black box" that contains clues about what caused the accident. An attorney will need to carefully examine the "black box" data as well as gather as much information as possible including the specifics about the accident scene, the damage to the vehicles, driver logs, police reports, witness statements and any other data that might help the attorney prove your claim. Often an accident reconstruction specialists will be hired to assist the attorney and to testify at trial about what he believes caused the accident. This can cost tens of thousands of dollars. The attorneys at Robins Cloud LLP you can be assured that should you need to go to trial, you will have access to the best experts available should they be required to help you win your case.

Medical Issues

Obtain medical examination as soon as practicable. Often, a person does not feel pain at the scene of an accident because adrenaline is pumping. Adrenaline can mask pain. Even if you are not aware that you are injured or think your injuries are minor, you should refrain from telling anyone that you "are fine" or "I'm not injured" and instead reply that you will seek medical attention to determine if you have been injured. In the age of the smart phone, it is possible that you are being recorded and saying "I'm not injured" at the accident scene is often sufficient ground for an insurance company to deny your claim completely even if it is determined by a medical professional later on that you suffered injury.

Punitive Damages

A jury can assess punitive damages to punish a defendant for willfully malicious acts that are more reprehensible than mere negligence. Unlike special damages, which are assessed to make the plaintiff “whole again,” juries assess punitive damages to punish bad behavior and as a deterrent to prevent the bad actor from engaging in the same foul acts in the future.