Monday, November 2, 2009

Driving your car city streets at 35 mph or on the highway at 65 mph with large eighteen wheeled trucks running the same speed or faster and only three or four feet separating you is dangerous. The margin for error is small. Couple the speeds and narrow lanes with the size and weight difference between your car and an eighteen wheeler and you have the potential for a devastating accident. Eighteen wheelers can weigh up to 80,000 pounds, which is approximately 20 times more than your car. In car-truck collisions, the people in the cars are much more likely to be injured.
Because of their size and weight, eighteen wheelers are more difficult to drive. Trucks are harder to stop and turn; trailers can jack knife and cause the truck to flip. There are blind spots: if you can’t see their mirrors, they can’t see you. Rain, snow, ice and fog make trucks even more difficult and dangerous to drive. Because of trucks are dangerous to people in passenger vehicles, commercial trucks are regulated by federal interstate trucking safety laws as well as by Texas laws. Trucks which travel in interstate commerce are subject to many federal regulations which do not apply to vehicles. Trucking companies have a responsibility to perform background checks prior to hiring drivers and must periodically evaluate existing employees. Truck drivers are limited on the number of hours that they can drive (hours of service regulations). Truck drivers are also subject to testing for drugs and alcohol, both randomly and in the event of a collision. Violations of the Federal Motor Carrier Safety Regulation (FMSCR) can provide the basis for establishing fault on the part of the trucking company and its driver.
If you or your loved one has been injured in a collision with a large truck, please contact my office for legal assistance as soon as possible. We will begin the process of finding out if the trucking company, driver, or the owner of the trailer is responsible for causing the accident and, if so, seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability, and all other damages to which you are entitled.
We also represent family members in fatal truck accidents. These are called Wrongful Death actions in Texas. Depending on the circumstances, the action can also be brought in the name of the Estate of the deceased loved one. Wrongful Death and Survival actions are especially important because the family of a deceased loved one want the guilty party brought to justice. My firm is prepared to do just that.
A suit for injuries sustained in a collision with a truck must be brought within two years of the date of the incident. My firm handles trucking cases on a contingency fee basis. A contingency fee means that the client does not pay anything; rather, the attorney pays all the costs and does the work, and, recovers his costs and fees out of any recovery. Nevertheless, the client performs an important role in putting the case together and will have to commit time in preparing the case for trial if the case is not settled
For people who have no health insurance, a big concern is the cost of their medical treatment. After 30 days of non-payment, the bill collectors begin calling. This can be a big nuisance and create negative feelings. We ask that our clients refer all bill collectors to us. Often, we can arrange a discount to the bill and enter into an agreement that the provider will be paid a discounted amount out of the recovery.