Houston truck accident lawyer.

Houston truck accident lawyer

Accident lawyer, Have you been injured in an accident with a truck? Call Our Truck Accident Attorneys Right Now!

When a collision with a truck occurs, of course, the first thing you will worry about is for the well-being of everyone involved, including you and your family. Was he injured? Do you need an ambulance? Did anyone call 911? These questions will arise after the incident, and unfortunately, they are only the first thing that will be followed by many other uncertainties.

If you or a loved one suffered injuries in an accident with a truck, many questions would probably arise about what to do next to it, and you probably don’t even know where to start. Please remember that we offer FREE advice, 24 hours a day, seven days a week, so call us now at 866-825-2490, or CLICK HERE to send us a question or get more information. There is no cost for a case evaluation by our team of nationally recognized legal professionals, an expert in truck accidents. If you decide to hire us, you pay nothing at the beginning, and you will not pay anything at all unless we have won your case!

Truck accidents are significantly different and more complex than any other type of accident. These accidents result in much more severe injuries than those of other average accidents. On the other hand, entities, lawyers, and insurance companies are among the most “cunning” taking advantage of those who have been harmed by the negligence of a truck driver and his transport entity. Many personal injury lawyers say they know how to deal with a truck accident. However, few have the capacity and experience that our team has. We have handled hundreds of truck accident cases satisfactorily and with successful results. If you were hit by a commercial truck or 18-wheeler, do not hire any law firm.

Critical Questions for Victims of Truck Accidents

Debts and other losses can increase rapidly after an accident with a truck. A situation like this can have a significant impact on your well-being, and many factors can contribute to your legal rights and the sum of the compensation to which you are entitled. Our job is to investigate and evaluate your claim and make sure we observe “all points of view” to handle your case and obtain maximum compensation.

We will review the following when we talk with you, and some examples of questions we usually ask with potential clients include:

  • Were there any injuries and fatalities?
  • How severe is the damage to property?
  • Was the police involved and gave any statement to it?
  • Did the police issue a subpoena or arrest warrant to the truck driver?
  • Are there medical and insurance costs to pay?
  • Do you still need continuous treatment?
  • Did you have to leave your job and lose your income?
  • Are there any side effects as a result of your injuries?
  • Are you dealing with pain and disability?
  • What do you remember just before the accident?

We know what questions are fundamental to ask and how to evaluate your rights after an accident. If we believe that a truck driver and his company can be held liable for the incident, we will go deeper into the details of your current situation to determine the potential value of your claim.

Our lawyers and legal professionals know that many victims of truck accidents have little experience within the legal system or even the claim process with the insurer. Also, if you are sure that you were not to blame for the incident, the process to pursue your compensation can be complicated.

Since losses related to truck accidents are usually expensive, you would not want to risk losing significant compensation just because you don’t know how to explore the system or how to deal with complicated insurers. The best way to protect your rights after a crash is to contact INSTANTLY a law firm highly trained in truck accidents.

Remember that you can get free advice from us right now, by calling 866-825-2490, or CLICKING HERE to learn more about your claim. The consultation is free, and you never have to pay us a penny unless we win your case.

Why Choose Our Team?

Car accidents can be complicated, especially when a commercial truck is involved. These situations can be disconcerting, cumbersome and stressful. How will you repair your car? Who will cover your medical expenses? What are your rights? Is the insurance company treating you fairly?

To help you with these and other issues, you need a compassionate, honest law firm and truck accident, expert. The Stewart J. Guss team and his team of reliable lawyers and legal professionals will listen to you, keep you informed of your case and make your claim a matter much less worrying for you. The Stewart J. Guss law firm will take care of all your legal issues so that you can focus on the most important: health, well-being and recovery of yours and your family after the accident. The following reasons are why we choose our firm to represent you during your accident case with a truck.

  • Stewart Guss and his team strongly believe in respect, integrity and family values.
  • Our lawyers and other staff are always there for you.
  • With decades of diverse experience, Stewart and his team will work tirelessly to recover as much of your claim as possible from a truck accident.
  • There is always someone available to answer calls 24/7 because we are committed to YOU.
  • We have gone against the largest insurance companies and understand how to work with each of them.
  • And you will not pay a single penny unless we win your case!

You lose absolutely NOTHING when you contact our office to discuss a possible claim. There will be many who think they can never afford to hire a legal firm, especially when faced with a lot of medical bills and other costs that have not been covered, but this is not how our firm works. We work on a contingency fee basis to ensure that victims of truck accidents can count on the legal representation they deserve.

To learn more about how our firm works and how we can help you and your family, DO NOT wait to call us TODAY at 866-825-2490. If you prefer, you can also CLICK HERE and send us an email. Essential Data and Statistics of Commercial Transporters in Texas

Texas has the second-highest number of commercial vehicles registered in the US state. With more than 1.3 million, and only California exceeds the number of trucks registered. Despite this, heavy cars registered throughout the country are likely to travel through Texas regularly, which means that millions of vehicles can cause accident risk on the state’s significant highways annually.

The Federal Motor Carrier Safety Administration ( FMCSA ) reports that Texas has had, unlike the other states, the most significant number of fatal truck accidents for at least 11 years in a row. Texas tracks were able to contemplate 556 fatalities from accidents in just one year, while the next state (California) had only 322 deaths. People who live or travel on Texas roads are at a much higher risk of being seriously injured or even killed in a truck accident than in any other state in the country.

The vast majority of injuries and fatalities from truck accidents in Texas occur to motorists in non-commercial vehicles. Consider the following statistics by the Federal Motor Carrier Safety Administration (FMCSA):

  • Deaths of crashes involving only a commercial truck = 89
  • Deaths of truck crashes involving other vehicles = 395

While commercial truck drivers may suffer serious accident injuries, they are much less vulnerable to severe injuries than other motorists in smaller vehicles. This should not come as a surprise if one takes into account that a car weighs approximately 4,000 pounds, and a fully loaded truck weighs around 80,000 pounds!

Houston as such receives a significant fraction of accidents in Texas every year involving commercial vehicles and multiple truck crashes, including fatalities.

When a truck driver or other party was to blame for an accident that resulted in serious injuries, motorists have the fundamental right to recover financially. However, this recovery does not happen automatically! On the contrary, there is a long road to the recovery process. You must have the RIGHT signature guiding you every step of the way!

Additional Information About Commercial Truck Crashes

Accidents involving large trucks occur every day throughout the United States. Many people do not notice how common these accidents are and the following statistics, reported by the National Highway Traffic Safety Administration (NHTSA) may be surprising:

  • Around 111,000 people were injured in truck accidents during 2014.
  • More than 3,900 people died in truck accidents in 2014.
  • The same year, police received reports of about 438,000 truck accidents.
  • Approximately three-quarters of the injured people were in another vehicle.
  • Truck drivers or passengers suffered 23 per cent of the injuries.
  • Three per cent of the victims were not in a vehicle but by bicycle or walking.
  • More than 10,905,000 commercial trucks were registered in the United States during 2014.
  • More than 80 per cent of crashes involved multiple vehicles.
  • A frontal collision with a truck has the highest incidence of death.
  • A large number of truck drivers have a history of past crashes, suspended licenses, or penalties for speeding or driving under the influence of alcohol and substances.


Once you notice how alarmingly common truck accidents can be, you should be prepared and know what to do when driving near a truck, and when an accident occurs.

Driving Safety Recommendations Near Large Trucks

While victims of truck accidents have the right to recover financially after a crash, it is more prudent and preferable to avoid these accidents from the beginning as long as possible. While you cannot control the actions of a truck driver or transport entity, you can be sure to take all necessary precautions when approaching or passing by a gigantic truck.

Commercial trucks can be an intimidating presence on the roads, especially when truck drivers drive at highway speeds of 60 miles per hour or more. While you cannot prevent one of these drivers from breaking the law or making mistakes, you can drive defensively around them to keep yourself and your family safe.

Some recommendations to keep in mind when driving near a truck are:

  • Heavy trucks take longer to stop than smaller ones, so don’t try to get in the way of one of these vehicles or brake suddenly when you’re ahead of one of them. This can lead to the truck crashing into the back of your car with a lot of tons of force.
  • Trucks have “blind spots” on their sides, (know more)front and back. Know where they are unique and avoid staying in these areas as little as possible. Although truckers take all safety measures before changing lanes, they can’t see it in the “blind spots”, and the truck can drag their car or take it off the road.
  • If you notice that a truck is turning sharply or committing some kind of dangerous behaviour, stay away and notify the authorities. This may be a sign that the driver is under the influence of alcohol and drugs, or that he is fatigued.
  • Never pay attention to your cell phone or allow something to distract you when you are near a large truck (in fact, never drive distracted). Taking your eyes off the road for just a second may be enough to put your car in danger when you are near a truck.


Always be an alert and cautious driver. However, this is much more important if you are on the highway next to an 18-wheeler or other types of cargo vehicles. You never know when a truck driver will make a mistake, so always be prepared to react and step aside whenever possible.

What to do after an accident with a truck

Texas has specific laws that include the duties of a driver after a car accident, including collisions with commercial cargo vehicles, and additional requirements if an accident caused injuries or even deaths. Not only is it essential to ensure that you are on par with the law, but there are also steps to follow to protect your legal rights and your well-being. The aftermath that an accident leaves with a truck can be disastrous, and leave it disoriented and sore. It is always wise to learn ahead of time what to do in these cases, to have a better chance of remembering the steps to follow at the time of the accident.

The following steps are some of those that if possible, you should follow after an accident with a truck.

Stop and go to a safe place.

Texas law requires that you stop your vehicle at or near the scene. You should never stay in the middle of traffic, and if you can move your car, you should try to direct it to a place where it does not obstruct traffic. If this is not possible, wait until it is wise to move it, and evacuate the car by moving to a safe place on the side of the road.

In some cases, your injuries will prevent you from moving, or you may be stuck in your car. Given the situation, do not risk moving and ask someone close to help direct the traffic ahead of your vehicle until the paramedic team arrives to provide help.

Call 911

As soon as you can, you should call 911 if someone has not done so yet. Many argue about whether or not to call 911 after a car accident, and the answer is usually yes. Alerting the authorities is essential for many reasons. First of all, you need to make sure that medical personnel arrive as soon as possible to help the injured. The law requires that the rest assist those who were injured in an accident, which includes calling for help and emergency transportation.

Second, when you call 911, the police will issue information at the scene of the accident. This is extremely important as authorities can determine if they have evidence to believe that the truck driver violated the law in any way. If officers believe that a violation of the law occurred, they may issue a subpoena or even arrest the truck driver of severe crimes. Authorities can also administer tests to determine if the driver was under the influence of substances, which can also help you during your case.

Check if someone else needs assistance.

As previously mentioned, Texas law has people verify if others need help after a car accident. Of course, if you are seriously injured, remain still and take care of yourself first. However, if you can move, make sure everyone in your vehicle or others involved is safe, including the truck driver. Help others to move to a safe place if possible, but always consider your own needs as a priority if you have suffered any injuries.

Consult medical emergency assistance.

When paramedics arrive, allow them to check it, especially if you feel any pain, discomfort, numbness or dizziness. Many consider these symptoms a “normal” reaction after a collision instead of admitting that they have suffered an injury. This is even more common when it hits your head, because you may have a bruise and think that you are only stunned by accident.

Let paramedics know which parts of their body suffered trauma and which sections hurt. If you require urgent medical attention, they will probably identify the need for immediate assistance and transport you in an ambulance. If the team suggests emergency transportation, always listen to them. You should not risk worsening your injuries or suffering complications from having decided to stay on the scene.

Talk to the police if possible.

If you do not need emergency transportation, talk to the officers about the event. Tell them what you remember about how the truck driver was operating the vehicle before and after the collision. If you believe that the truck driver was acting erroneously or aggressively, let the authorities know and describe their behaviour.

The police must take all the information they have collected from you, from the driver of the truck, from the witnesses, from the scene in general and with these, write a complete report. Although a police report is not definitive evidence of the trucker’s negligence, it can help us determine the cause of a crash and be used in any criminal case arising from the accident against the driver. It is essential to ensure that an accurate version of events is included in the report whenever possible.

Take photos

Almost everyone has a camera in their pockets these days. For this, take the opportunity to take pictures of the accident scene. Take photographs of the damage to your vehicle, especially if your car should be towed. Also photograph the truck in the impact areas, the loads that have been spilt, the markings of the tires on the asphalt, broken or broken tires, road conditions, nearby signs, among others.

Even if you are not sure that something is relevant in the accident claim, having photos just in case is never too much. Because authorities are likely to clear the scene as soon as possible, accident reconstruction specialists and other experts can examine their photos to help form an argument about what could have caused the incident.

Go to the emergency room.

The fact that paramedics did not transport you in an ambulance does not mean that you do not need a medical evaluation. It is always a good idea to go to the emergency room as soon as possible after a car accident.

Very often, accident victims result in injuries they didn’t even know. A doctor can carry out a diagnostic evaluation to identify any hidden wounds, including soft tissue injuries, bruises, among others. You may be surprised to have confused a muscle sprain or a fracture with a dull “discomfort.”

When your injuries are correctly diagnosed, you can start receiving treatment immediately to speed up your recovery period. It also ensures that medical professionals report their injuries promptly after the accident. If an insurance company contradicts the cause of your injuries, your medical reports can serve as supporting evidence that the accident caused the damages for which you are claiming.

Many people do not get a medical evaluation or treatment after an accident because they fear the cost of these. However, remember that if a truck driver or someone else caused an accident, they must cover all your medical expenses. You must follow all of your doctor’s recommendations and get the treatment you require.

Contact our legal team for more information.

As soon as our expert legal team is contacted after an accident with a truck, we can begin to work for their rights. The evidence seems to fade quickly after a collision, especially if the negligent parties are trying to evade responsibility for the accident.

We know you have a thousand things to think about after an accident and its severe damages. While your priority should always be your physical health, you should also allow us to work on your case. We handle all aspects of your claim to the insurer or your injury claim, so you will not have any additional stress. We make your claim process as easy as possible for you along with your family. Do not wait to call us today at 866-825-2490, or CLICK HERE for more information. The consultation is entirely free, and you will not pay us anything unless we win your case.

Accidents with Common with Trucks

Trucks can collide in various ways, and the nature and severity of the resulting injuries usually depend on the type of collision that occurred. Although each accident is different, something is specific, and that is that commercial truck accidents have the potential to cause an immense range of severe injuries to victims. No matter what type of injury you suffered, know that our legal team is ready to help!

Many accident victims require immediate medical treatment for traumatic injuries. A collision can twist your body, stretch it and shake it in ways that are not natural, and it can also cause your body to hit the inside of your vehicle or even shoot out of it.

You can suffer multiple injuries during the impact so chaotic and violent that it causes a collision with a large truck. Some traumatic injuries that may result include:

  • Soft tissue tears, sprains, or strains – The severity of sweet tissue tears is often underestimated after a car accident. This type of injury can cause stiffness and limit your range of motor skills in the neck, shoulders, hips, back, knees or other parts of the body. Usually, the pain gets worse with the days, and these injuries can prevent you from working or performing daily tasks.
  • Neck and back injuries – Your neck and back help support large parts of your body, including your head, shoulders, torso, among others. When you suffer a musculoskeletal injury to your neck or back, this can cause severe changes in almost every aspect of your life. You probably cannot work, exercise, or even perform daily and household tasks. Many trauma to the neck and back can also prevent you from walking until you have gone through a long period of physical therapy.
  • Dislocations – Your joints are essential for movement. When a joint dislocates, it can be excruciating and cause many other problems. The soft connective tissue may break, and this may increase the chances of more dislocations in the future. Dislocated joints are usually immobilized for a while.
  • Fractures – Many of us have broken one or two bones at some point in our lives. Fractures can be highly painful, requiring intensive medical treatment, including surgery and traction. Also, they can leave victims with chronic problems and permanently weaken their bones. Finally, in some cases, they can also leave victims with deformities.
  • Facial injuries – Facial fractures can alter the victim’s appearance and additionally be extremely physically and emotionally disturbing. Even in cases where plastic or reconstructive surgery can correct a large part of cosmetic damage, many of those who suffer facial fractures never look the same way as before the accident. Similarly, in some situations, facial fractures can cause problems related to breathing, eating, drinking, seeing and listening.
  • Traumatic Brain Injuries (TBI) – Traumatic brain injuries can occur when a blow or shake to the head alters the way the brain functions normally. The most common among mild traumatic brain injuries is a concussion, which alone is very serious and can result in weeks and even months of severe and debilitating symptoms. Other more severe TBIs can leave victims with physical pain or permanent cognitive disabilities that can also result in a final vegetative state.
  • Spinal injuries – Spinal injuries are part of the most severe injuries that a person can suffer. The spine is the set of nerves that communicates the brain with the rest of the body, and if it is damaged, communication can be altered. In an incomplete spinal cord injury, part of the discussion continues. When this occurs, those affected may experience symptoms such as numbness or tingling, muscle weakness, pain, loss of range of motion and temporary paralysis. In a complete spinal cord injury, the communication between the brain and under the part of the body that received the damage is wholly altered, becoming definitive paralysis and loss of sensation. These damages are usually permanent.
  • Sometimes, victims of truck accidents suffer severe damage to vital organs such as lung perforations, spleen ruptures, gastrointestinal disturbance, among others. These wounds are lethal, and those affected should receive emergency trauma care. Usually, damaged organs require immediate surgical intervention, followed by a lengthy recovery period.
  • Internal bleeding – Another silent and yet highly serious condition is internal bleeding (also known as internal bleeding). Such blood loss is hazardous, and many victims usually do not tend to understand what is happening. Haemorrhages commonly occur in the abdomen and can affect vital organs and lead to infections. These bleeding may also occur in the cranial cavity, which may result in elevated intracranial pressure. Doctors will usually have to remove part of the skull to release the tension.

It is essential, as a victim of an accident, to understand that any damage caused can result in substantial economic and non-economic losses. Although the fact that a TBI is more severe than a fractured limb is accurate, a broken foot may still require surgery, prevent it from working for weeks and cause severe pain and suffering. Even injuries that you think are minor or that you believe can heal on their own can result in losses of thousands of dollars and even higher. For this reason, it is essential that you determine the cause of your accident as it is an integral part of recovering compensation for your damages.

Common Types of Truck Collisions

Every time a truck collides with a smaller vehicle, the result can be disastrous. Even accidents that occur at low speed, the weight and size of a car can mean a severe risk of damage and injury. There are several ways in which a car affects other vehicles and their motorists. No matter how the crash occurs, there are always possible injuries that transform lives. Some of the most common accidents will be listed below.

Transverse fold accidents (Jackknife)

Many commercial trucks have two main components, known as the cab and the trailer. In a cross-fold accident or also known as “Jackknife,” the trailer turns to one side while the booth remains in the forward direction, causing the truck to look like a folded pocket knife. Countless different factors cause these types of accidents such as frozen roads, brake failure or driver errors. The danger of a fold accident is that once the trailer starts to turn, the driver has no way to stop it. A container that is turning like this can quickly travel over more than one lane, thus colliding with several vehicles and can be very difficult to slow down or stop.

Rear Collision Accidents

When a truck collides with the rear of another vehicle or vice versa, this is known as a rear-end collision. Unlike a rear-end collision between two smaller cars, those involving trucks can be particularly dangerous since the car can be mounted on top of the rear of the other vehicle or the vehicle can also end up under the trailer. Both are usually fatal and can often occur due to the number of truck drivers driving fatigued, clueless, or aggressively.

Frontal Collisions

A frontal collision occurs when a vehicle crosses a lane with opposite traffic and hits another in the front. This accident is particularly severe since the total impact force is discharged on the front of the car, very close to the driver and passengers. Frontal collisions are frequent when a driver is fatigued and falls asleep at the wheel, and they can also occur when driving distractedly looking at the cell phone or checking the directions on the map. Each time a driver diverts his attention from the road, the possibility of dangerous frontal collisions is higher. Drunk drivers can also turn to the other lanes, causing head-on collisions.

Rollover Accidents

Thanks to the trucks having a very high centre of gravity, they are especially likely to tip over. In a rollover accident, the tires on the sides of the trailer lose contact with the ground, causing the vehicle to fall on one of its teams. This type of accident is highly common when a truck enters a sharp turn or turn driving very fast, collides with a safety rail and tries to correct sharply or when the tracks are slippery due to bad weather. This type of accident is especially dangerous because the driver loses control of his vehicle during a rollover crashing into all the cars that are on the road.

Tire Blowout

Every driver must keep their vehicles in good condition to drive safe on the roads. The same applies to those who own commercial trucks. In reality, frequent truck maintenance is much more critical since failures can result in severe accidents. When a tire explodes because it is excessively used or does not have enough pressure, the driver may lose complete control of the load. Often, such accidents would not occur if truck owners were consistent with maintenance and review routines.

Keep in mind that improper maintenance can lead to other types of failures and crashes as well. Other parts that can break down due to lack of support include steering systems, brakes, axles, and more. We can always check the maintenance history of a truck that crashed to determine if the accident was caused by negligent maintenance and inspection.

Loading Errors and Spills

Occasionally, damage and injuries are caused because a load of a truck got out of the trailer and other problems. This can be very dangerous and can occur in numerous situations, including:

  • The pressure was not adequately secured in the container. When the charge moves, it unbalances the container and causes the driver to lose control and crash.
  • A trailer was overloaded, making it difficult for the driver to brake on time when trying to avoid a crash with another vehicle.
  • The trailer door opens, and cargo spills down the road, causing many cars to be involved in a chain-reaction crash.
  • A flatbed truck carrying large and heavy cargo overturns, causing it to lose merchandise and cause damage to other cars that drive near the car.
  • A HAZMAT (Hazardous Materials Transport) truck carrying flammable chemicals collides, a break in the tank is generated and thus releases chemicals on the asphalt causing the car to catch fire.

Often, transport entities hire third parties to load their trucks which must be responsible for the spills that occur. The FMCSA (Federal Motor Carrier Safety Administration) has strict rules related to the mooring of loads and the weight limit, violating these regulations can lead to dangerous accidents.

The type of shock that has happened to him is fundamental, since this way we can have an idea of ​​the cause. For example, if a driver deviates to a lane with opposite traffic and crashes into his car head-on, it usually indicates that the driver of the heavy vehicle made a mistake or something caused him to lose control.

Rear crashes in which the truck is behind the other vehicle may mean that the truck driver was distracted or did not have a safe distance from the other cars. The type of collision that happened to you can tell us a lot about the probable causes of the accident.

When investigating accidents with trucks, our main objective is to determine which parties should be designated as responsible for their losses. In many cases, there is more than one person in charge. For this, we must conduct a rigorous investigation to maximize the compensation that corresponds to him for his damages. Please don’t wait to call us, so we can start analyzing your accident and your legal rights!

Responsible Parties in Truck Accidents

Many parties may be responsible for an accident with a truck. In many cases, truck driver mistakes are the cause. However, even when the driver was at fault, did you know that the transport entity may also be compromised for its damages? This is due to a legal principle that holds companies responsible for the negligent acts of their employees.

Transportation entities can also commit negligence on their own when:

  • They allow their drivers to operate without the appropriate commercial licenses and necessary authorizations
  • They hire drivers with a previous driving record under the influence of alcohol, driving rage or other violations of the rules that are dangerous
  • Failure to perform alcohol and drug tests required of drivers
  • Do not take disciplinary action against drivers who commit serious offences such as driving under the influence
  • They encourage drivers to violate safety regulations or allow other violations to occur
  • They fail to keep the necessary history to demonstrate compliance with regulations
  • They fail to inspect and keep trucks in the fleet

In most cases, a transport entity is involved in a claim for accidents involving trucks as the driver of his vehicle developed dangerous behaviours that caused the accident. Three of these unfortunately common and highly hazardous behaviours are drunk driving, fatigued and distracted. Commercial truck drivers who perform any of the aforementioned put others in danger and must be fully responsible for any damage they have caused.

There is NO Excuse to Drive Under the Influence

One of the first things that EVERY prospective driver should learn is that alcohol and drugs NEVER combine go hand in hand with driving. The ZERO tolerance for driving under substances is made clear to all commercial drivers, and each of them must be well informed of the consequences that impaired driving brings both to them and other motorists.

Very often, many Houston drivers enter their vehicles after having consumed in large quantities. According to the Texas Department of Transportation about 1,600 accidents in which alcohol played a role, occurred in a single year, with 708 affected and 78 of them seriously injured. Sadly 72 victims died in Houston from alcohol-related accidents.

For most drivers, the alcohol limit allowed by law is 0.08 per cent blood alcohol (BAC). Since driving a commercial truck alone is more dangerous than operating a small car, the bill lowers the limit allowed for truck drivers to 0.04 per cent. For some, only one or two drinks is enough to be over its border.

If a driver gets off the truck after an accident and you notice that he has probably been drinking, do not confront him. Even if you are angry, remember that a drunk person can be fickle and even aggressive. On the contrary, call 911 and wait for the police to show up. When officers arrived, they can administer alcohol at the scene to determine if the driver was drinking. A commercial driver should ALWAYS conduct alcohol tests in the following cases in which citations are issued to the truck driver:

  • When the accident caused damage to another vehicle
  • When the accident caused severe injuries to another person
  • When the accident caused a fatality (regardless of whether a subpoena was issued or not)

If a test shows a degree of alcohol above the legal limit or if the police have another reason to believe that the driver is impeded, the authorities can arrest the driver.

A criminal charge for driving under the influence will not compensate you for your medical expenses and other losses. However, our law firm can safely use a criminal penalty to contribute to the protection of your rights during your injury claim or claim. We believe that there is NO reason for a truck driver to endanger the lives of others while driving drunk or drugged. We are ready to fight and hold those drivers responsible for their highly dangerous actions.

Accidents Involving Violations of Service Hours and Fatigued Drivers

Drivers usually have highly demanding schedules, and can often generate more money when they deliver faster. Some truck drivers will drive as quickly as possible and rest very little to maximize their time on the road. However, driving long journeys on monotonous routes can result in extreme fatigue and cause the driver to crash. For this reason, the Federal Motor Carrier Safety Administration (FMCSA) decrees and promulgates strict limits on the hours of service that a driver can get behind the wheel without rest.

FMCSA hourly regulations require that a driver be limited to 14 hours of driving within any period of service and that they can only drive continuously for 11 hours. This should include a 30-minute break for every 8 hours the driver spends behind the wheel. This 14-hour day must consist of the time dedicated to all driving breaks and gas stops since the time spent on these driving breaks cannot be subtracted from the total allocation of 14 hours of driving in one shift.

Additional regulations relate to truck drivers’ weekly service days:

  • A driver must not drive for more than 60 hours in a week, and the driver can restart this set of hours only after having spent 34 consecutive hours out of service.
  • A driver must not drive for more than 70 hours in 8 days, and the driver can restart the 70 hours only after 34 hours without working.
  • Truckers who use bunk beds must sleep at least eight consecutive hours and spend two additional hours either outside or inside it. Any combination of these ten hours is valid.
  • All drivers must record their driving hours and breaks in a log or on-board registration device. These records must include dates, times and places of driving along with the status of the service and total miles are driven on each journey travelled.

There are some exceptions to the rules of service hours that regulate the legal schedules of drivers:

  • During bad weather (which slows the truck driver typically), the driver can exceed the limit of eleven hours by a maximum of two.
  • Drivers who only drive within a 100-mile range away from their home base are not required to keep a driving record.
  • Retail store drivers who drive less than 100 miles away from their base of operations may exceed the limit of hours between December 10 and 25 to keep up with the increasing demands during the holiday season. It is essential to know that truck accidents increase during the holiday season, and possibly because there are more fatigued drivers on the tracks.

When a driver fails to respect these day restrictions, they can face severe penalties and fines. This is because every driver must be well informed of the extreme dangers that fatigued driving brings. If one of them violates these regulations consciously and intentionally, he may face criminal charges. Transportation entities may also receive penalties for allowing these violations to be filed, for not requiring their employees to make proper records or even for falsifying logbooks to hide a violation of the rule.

How Tiredness Affects Truck Drivers

Drivers are regulated with their service days for an excellent reason since driving fatigued is extremely dangerous. Many studies show that tiredness can have effects similar to the impediments that alcohol and drugs generate. Tired drivers may experience various effects of fatigue, such as:

  • Reduction of reflexes and reaction time
  • Lack of concentration and attention
  • Reduction to alert status
  • Lapses in prudent decision making
  • Blurry vision

When a sleepy driver is behind the wheel, he is much more likely to cause severe accidents and endangers everyone else on the road. When the truck driver is fatigued, he may even fall asleep while driving, and when it happens, the truck leaves its lane, getting in the way of other vehicles, thus causing a disastrous collision.

Extended hours are not the only factor that can cause driver fatigue. Health issues can also influence tiredness and drowsiness, including stress, depression, thyroid disorders and nutritional deficiencies. Sleep disorders have become a severe problem in the transportation industry.

When these disorders have not been diagnosed and treated, they can cause fatigue and hazardous truck accidents:

Sleep apnea – This is a pervasive disorder that affects millions of people throughout the United States. Those who suffer from sleep apnea experience interruptions of breathing during the night, which can cause the brain to wake up to make the body begin to breathe again. While many still do not notice that they wake up numerous times a night, these interruptions cause you not to reach deep stages of sleep. This sleep condition can lead to fatigue and fatigue throughout the day, which can result in crashes by fatigued drivers.

Narcolepsy – This autoimmune condition prevents the brain from properly regulating a person’s sleep cycles. This often leads to extreme fatigue and also that the person experiences sudden and unexpected “attacks” of sleep, which causes the affected person to fall into the REM sleep phase without any warning, and usually at inappropriate times during the day. These sleep attacks can last seconds or even minutes, long enough to cause the driver to crash.

Restless legs syndrome – This condition causes the person to experience annoying sensations in their legs and suddenly have the urge to move them to feel better, which usually occurs in bed when trying to sleep. These feelings make it difficult for the affected person to remain asleep or even fall asleep from the beginning, which can lead to fatigue in the hours he is awake.

If a driver knows (or should know) his condition and does not seek treatment, he must be responsible in case his fatigue causes damage to others on the road. The fact that a truck driver does not violate daytime regulations does not imply that he is not responsible for driving extremely tired.

Every truck driver must be aware of his fatigue and must stop to rest. It would help if you did not try to rely on caffeine or other energy drinks to stay awake, as these substances cause the person to feel more alert when they are still fatigued.

Our legal firm is clear on how to determine if a driver was highly fatigued or violating the time regulations at the time of the crash, and we also know how to hold them responsible for their losses.

Dangers Caused by Clueless Drivers

As drivers, we have all taken our eyes off the road for a second for several reasons, so it has never been a good idea. There are several types of distractions while driving, many of which result in severe accidents. Since truck drivers can cause multiple severe damages in a crash, they must be even more careful always to have their eyes and concentration on the road.

In recent years, much attention has been given to the distracted epidemic driving. This is to develop any activity that is not within the main task of a driver when operating a vehicle prudently. Generally, experts classify driving distractions into three categories:

  • Visual disturbances – They cause the driver to take their eyes off the road.
  • Manual distractions – Have the driver remove their hands from the steering wheel.
  • Cognitive Distractions – Cause the driver’s mind to move away from the task of driving.

Some activities only involve one of the categories mentioned, while others may involve even all three. Here are some of the events that often distract drivers:

  • Have conversations with passengers in the truck
  • Eat and drink
  • Program or pay attention to navigation devices
  • Grooming
  • Listen to captivating audiobooks and podcasts
  • Adjust controls, including radio, music players, heating and air conditioning
  • Read books or articles online
  • Watch videos, movies or TV shows
  • Make or receive phone calls
  • Send text messages

When talking about distractions while driving, texting is considered the most dangerous activity. Text messages involve all three types of entertainment. It would help if you took your eyes off the road to look at your phone’s screen, use at least one hand to hold it while writing, and finally, concentrate entirely on writing or reading the message.

When truck drivers choose to use their phones to write messages, browse social networks or search for things on the internet, they make roads a more dangerous place for the rest of us. Truck drivers carrying out this activity at the wheel are so hazardous that the Federal Motor Carrier Safety Administration (FMCSA) strictly prohibits the use of cell phones in such a way.

According to the FMCSA, sending text messages involves any activity that involves “manually entering alphanumeric text, or reading a text on an electronic device. This includes, but is not limited to, text message services, email, instant messaging, or pressing more than one button to initiate or terminate voice communication using a mobile phone.”

In short, a truck driver should not use his phone for any text-based purpose.

The FMCSA has determined consequences for those who send text messages while operating a commercial vehicle. These consequences may include fines of up to $ 2,750 and the possibility of losing the commercial driver’s license. This organization bases the prohibition of text messages on truck drivers in a study that states that those truck drivers who write text messages are 23.2 times more likely to cause an accident.

The study also shows that a truck driver who sends text messages takes his eyes off the road for about 4.6 seconds on average, which is enough to drive blindly for almost 370 feet, or more than an American football field. Since trucks are so huge, they generally require more distance than other vehicles to stop, which only intensifies the inherent dangers of truck drivers who send text messages.

While text messages are known as the most severe distraction in any driver, there are also the truck driver’s distractions, including:

  • Clean a rearview mirror or adjust it for blind spots
  • Fill the schedule and delivery records
  • Interact with dispatch services
  • Read documents and addresses

These tasks are part of the work of a truck driver. However, when they are performed behind the wheel, they become highly dangerous distractions. Unfortunately, the transportation industry encourages its employees to violate the hourly regulations to make their deliveries in the estimated time, which causes drivers to feel rushed and with the need to do multiple tasks at the same time when they are at the steering wheel. This leads to distracted drivers, and distracted drivers generate accidents and injuries.

They Will Try to Deny Your Claim!

After an accident, you probably think that the driver of the truck is clearly to blame, and naturally expect to receive compensation from the carrier’s insurance company sooner. Most do not conceive of the challenges they will likely face when submitting a claim to the insurer, nor do they realize the importance of seeking legal assistance before the claim process.

Without the appropriate law firm on your side, an insurer will try to limit your compensation or even deny it for the following reasons:

  • Affirm that you were partially or guilty for the incident
  • Question the claimed damages
  • Try to persuade him to accept a much lower agreement than his due

Stewart J. Guss and his team will do everything in their power to get the best reward for their claim, and we are proud to treat our clients like family. Take your phone now and call 866-674-5289 to tell us about your truck accident. Remember that the advice is completely FREE, and you don’t pay ANYTHING unless we win your case!

Demonstrate your Accident Claim with a Truck

Even if you are sure that a dangerous truck driver caused your accident, your word is not enough to legally hold a driver or the transport company responsible. On the contrary, you must present evidence that the other party was negligent and caused the accident along with your injuries. Having proof can make a significant difference from one case to another.

To identify and gather evidence of your accident, and to determine the cause of the crash, you need to investigate, and this includes:

  • Police report review
  • Review of logs and delivery receipts
  • Obtaining documents and records of the transport company
  • Data analysis of the “black box” of the truck
  • Getting videos of the accident, either from the truck dashboard or from external cameras
  • Witness Interviews
  • Obtaining records of arrests, charges or convictions if the driver is charged with a crime
  • Use of accident reconstruction experts

All of these investigative tasks can be complex and time-consuming, especially if the transport entity does not cooperate with the delivery of records or other requested evidence. However, the Stewart J. Guss law firm has the resources necessary to conduct a full investigation and thus build a case as stable as possible for your claim.

Truck Accidents Can Cause Extensive Losses

One reason why you need to prove guilt in your accident is that these crashes can result in devastating losses for the victims. Because commercial trucks can weigh up to 80,000 pounds, they can cause severe damage and injury when they collide with smaller vehicles.

Some examples of the losses that victims of these accidents commonly suffer include:

  • Medical bills – Serious injuries require extensive treatments. Some accident victims may need emergency transportation, emergency trauma care, surgeries, hospitalization, intensive care, rehabilitation therapies, medical check-ups, medical supplies, medications, home health care, among others. Due to their high cost, even minor injuries can generate thousands of dollars.
  • Loss of income – After an accident with a truck, many experience interruptions in their work schedules. You may have to be absent from work to receive the treatment you need, especially if you are hospitalized or recovering from surgery. Even missing work for a medical appointment can result in salary losses during that period. Additionally, an injury can ultimately prevent you from working, causing you to be absent until you have recovered sufficiently.
  • Intangible losses – Truck accidents can result in physical and mental suffering that can severely affect your life. Besides, some catastrophic injuries can lead to deficiencies, deformities, or permanent disabilities that decrease the quality of life. Victims deserve to be compensated for both monetary and intangible losses.
  • Future losses – At the time of the accident claim, your medical treatment may still be ongoing, or you may not have returned to work. A highly qualified law firm will know how to estimate all these future losses apart from those that have already been generated.

The truck accident lawyers and legal professionals of Stewart J. Guss, Abogados, know well how to represent these victims effectively and thus recover the full possible amount of their compensation.

Contact Our Truck Accident Law Firm Today!

If you have been injured in an accident with a truck, contact our Houston legal firm as an expert in personal injury as soon as possible. To schedule a free case evaluation with the team of lawyers and legal professionals at Stewart J. Guss, Abogados, call 866-825-2490 today or email us through our contact form. Remember that you will not pay anything at the beginning, nor during and after the process unless we have obtained your compensation. Please don’t take risks; let us help you!

Transportation Laws

Commercial drivers and transportation entities must comply with specific federal and state regulations and laws. When any of these parties violates the law, they can often cause accidents and severe injuries to motorists. Those who violate the safety regulations and cause damage must be held fully responsible for their actions. The number of rules that apply to commercial vehicles and their motorists can make accident cases extremely complex. The following are only part of the many regulations and laws that our firm uses to claims for accidents involving trucks.

Regulations by the Federal Motor Carrier Safety Administration (FMCSA)

The Federal Motor Carrier Safety Administration promulgates and enforces a wide variety of rules that apply to all commercial vehicles operating at the regional level throughout the United States. This may include cargo vehicles, hazardous materials, tankers, platform trucks, buses, and so on. The regulations establish standards of conduct for various aspects of road transport such as:

Licenses – Everyone who operates a commercial truck must-have business permissions and training appropriate for the type of vehicle they work.

Health conditions – Medical professionals must approve drivers who do not have any dangerous health conditions that may interfere with the ability to operate their trucks.

Hours of service – To prevent drivers from driving fatigued, they must comply with the strict rules that regulate the hours and consecutive days they are allowed to work without taking breaks to rest and sleep.

Driving under the influence – Commercial drivers are regulated by laws that are even stricter than others. Its legal limit of blood alcohol content (BAC) is 0.04 per cent, while that of regular motorists is 0.08 per cent. They are also subject to tests of random substances and after accidents.

Distracted driving – Drivers who perform activities such as texting or using their phones while driving violate the law. They must also comply with regulations regarding hands-free use.

Inspections – The driver must inspect the truck before his shift, and the company must do the same and keep the vehicles in its fleet.
Size and weight – Weight limits are depending on the size and number of axles of the truck, with a maximum weight of 80,000 pounds. Vehicles must be weighed continuously to ensure compliance with the standard.

Traffic Laws in Texas

In addition to the FMCSA regulations, truck drivers must also comply with all local and state traffic regulations when driving around Texas. These same laws apply to one or another driver, who must avoid dangerous actions such as:

Speeding:

Sec. 545.351. SPEED LIMIT REQUIRED.

  1. An operator cannot drive at a speed higher than reasonable and prudent in the circumstances existing during that time.
  2. An operator:
  3. You may not drive a vehicle at speed higher than reasonable and prudent, taking into account the actual and potential conditions and hazards existing at that time; Y
  4. It would help if you controlled the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or on the road following the norm and with the duty of each person to take due care.

(c) An operator must, inconsistency with subsections (a) and (b), drive at a reduced speed if:

  1. The operator is approaching and crossing an intersection or a railroad crossing;
  2. The operator is approaching and turning around a curve;
  3. The operator is approaching the top of a hill;
  4. The operator is going through a narrow and winding road; Y
  5. A first obstacle exists concerning traffic, including pedestrians, and weather or road conditions.

Driving too close:

Sec. 545.062. DRIVING DISTANCE

  1. An operator must, if following another vehicle, maintain a safe distance between the two cars, so that, considering the speed of the other cars, traffic, and road conditions, the operator can stop safely without crashing with the vehicle ahead, object, or a person near or on the road.
  2. The operator of a truck or other motorized vehicle towing another vehicle that is on a highway outside a commercial or residential district and that is behind another car or other motorized vehicle towing another vehicle shall, if conditions permit, leave sufficient space between vehicles so that a car that passes to the operator can enter and occupy the area safely. This subsection does not prohibit a truck or motor vehicle that drags another vehicle forward to another car.

Inappropriate step:

Sec. 545.053. ADVANCE LEFT; REVERSE, BE ADVANCED.

  1. An operator advancing another vehicle:
  2. Must pass on the left of the other vehicle at a safe distance; Y
  3. It would be best if you did not move back to the right lane of the road until you have safely advanced to the other vehicle


(b) An operator that is being overtaken by another vehicle:

  1. Must, with a beep, move or remain in the right lane in favour of the car for which it is advanced; Y
  2. It should not accelerate until it has been sufficiently advanced by the other vehicle.

(c) Subsection (b) does not apply when overtaking on the right is allowed.

Violate traffic signs:

Sec. 544.007. TRAFFIC CONTROL SIGNS IN GENERAL.

(d) An operator of a vehicle heading towards a steady red light must stop at the marked stop line, the operator must stop before entering the crosswalk on the near side of the intersection. A vehicle that is not turning must remain stopped until the indication to proceed is displayed.

The above, of course, are just some of the many, many traffic rules that every truck driver must know and comply with. When one of them violates the law, they will probably receive a subpoena, which will help the case of the accident victim.

Criminal Laws in the State of Texas

Texas may also apply criminal laws to commercial truck driving. These can prohibit several driving violations that are dangerous and often cause accidents and serious injuries. The following are just some of the criminal laws that can be included in an accident claim with a truck in Texas.

Driving under the influence of alcohol and drugs:

Sec. 49.04. DRIVING INTOXICATED

  1. A person commits a crime if he is intoxicated while operating a motor vehicle in a public place.
  2. Except as provided in subsections (c) and (d) and Section 49.09, a crime under this section is a Class B misdemeanour, with a minimum term of confinement of 72 hours.
  3. If at the trial of an offence under this section it is demonstrated that at the time of the attack the person operating the motor vehicle had an open alcohol container in immediate possession, the battery is a misdemeanour of the second class, with a minimum term of confinement of six days.
  4. If the trial of an offence under this section demonstrates that a person’s blood, breath or urine sample analysis showed an alcohol concentration level of 0.15 or more at the time the study was performed; The offence is a misdemeanour of the third class.

Involuntary manslaughter while driving drunk:

Sec. 49.08. HOMICIDE BY INTOXICATION.

  1. A person commits a crime if the same:
  2. Operate a motor vehicle in a public place, operate any aircraft, vessel, or motorized attraction, or build an appeal; Y
  3. Is intoxicated and because of that poisoning causes the death of another by accident or error.

(b) Except as provided by Section 49.09, an offence under this section is a felony of the second degree.

Reckless driving:

Sec. 545.401. IMPRUDENT DRIVING; CRIME.

  1. A person commits an offence if the person drives a vehicle without taking into account the welfare of people or property intentionally or deliberately.
  2. An offence under this section is a misdemeanour punishable by:
  3. A fine that does not exceed $ 200;
  4. Confinement in the county jail for no more than 30 days; or
    both the fine and the imprisonment.

In addition to federal and local law enforcement agencies, the Texas Department of Public Safety also has a Commercial Vehicle Control Service responsible for enforcing almost all laws that apply to commercial trucks passing through Texas. This agency oversees the rules that involve the following, among others:

  • All provisions of the Texas Transportation Code
  • Seat belts for commercial drivers
  • Truck Size and weight
  • Badges required on trucks
  • Commercial Driver License Requirements
  • Equipment maintenance on the truck
  • Truck Registration
  • Service days

Truck accident cases can be particularly complicated due to a large number of regulations and laws that may be related. At the Stewart J. Guss law firm, we have the familiarity and extensive knowledge of commercial truck regulations and industry standards, allowing us to help accident victims significantly!

Do not wait more! Call the Truck Accident Firm that You Can Trust TODAY.

When you contact the Stewart J. Guss law firm, you will discuss with a team of lawyers you can count on. We will always be honest about your options for the case, and we will not try to convince you to accept a lower result than your share. We are clear on how to face transport companies and their insurers, and they know that we are a serious firm. We fight aggressively on behalf of our clients, as it is the best way to get the compensation they deserve after a traumatic truck accident.

Stewart’s legal team. J Guss, Abogados, is nationally recognized for protecting the rights of injured victims for more than 20 years. If you were injured in a truck accident, call our offices now to schedule a free consultation! You will not owe us a single CENTAVO unless we win your case since we take all our injury cases based on contingency fees. Don’t stop fighting for your rights for a single MINUTE! We are available 24 hours a day, seven days a week, so call us today at 866-825-2490, or contact us CLICKING HERE. We are here to help you!

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