Truck Accident Lawyer
Determining Fault in a Trucking Accident
After a trucking accident, you will likely want to know who is to blame and how the event occurred. Determining who is responsible can be difficult. The trucking industry is governed by laws and regulations at both the state and federal levels. In addition, there may be multiple parties who are responsible, directly or indirectly, for your injuries, including:
- The driver of the truck
- The owner of the truck or trailer
- The company or individual who leased the truck from the owner
- The company that manufactured the vehicle, tires, or other parts
- The shipper or loader of the cargo in the truck
If you have been injured in an accident involving a truck, you need a personal injury attorney who can establish the connections between the different players and determine who is at fault. Our Longview firm is here to help you rebuild your life after suffering losses in a truck crash.
The Clock Is Ticking You Have 2 Years to File
Statute of limitations laws restrict the time that a victim of a truck accident has to file a lawsuit. If you do not file before your deadline elapses, you likely forever lose the ability to receive any compensation for your harm.
In Texas, you have two years to file a personal injury lawsuit from the date of your crash. This is a lawsuit filed by a survivor of a wreck who is seeking compensation for physical injury, property damage, lost wages, and more.
A wrongful death case is the type filed by the family members of an individual who was tragically killed in a truck accident. Our state also provides just two years to file from the date of your loved one's passing.
Contact Our Truck Accident Attorneys Hire an Advocate in Longview
When you or someone you love is involved in a serious accident, you should not have to go through it alone. Our attorneys understand the physical and emotional effects of serious car accidents involving large trucks, and we are here to help.
Our team can help you identify who is responsible for the truck crash and hold them accountable. Whether you have a personal injury or wrongful death case related to the truck accident, you and your family deserve to receive fair and just compensation.
Contact our law firm online to ask a question or request a free consultation. You can also reach our Longview practice by phone:
(903) 297-8929
"They are very nice and honest people..if they can help you they will take the case." - Saleh Mobin, 2023 Google Review
Meet Our Truck Accident Lawyers
Our truck accident lawyers have more than 35 years of combined experience, and they have gone to trial in 150 personal injury and wrongful death cases.
Attorney Randy Akin is board-certified by the Texas Board of Legal Specialization in personal injury trial law. He is uniquely qualified to handle complex trucking accident cases with compassion and understanding.
Greg Burton earned his law degree from South Texas College of Law and was admitted to the State Bar of Texas in 2012. He is also admitted to practice in the U.S. District Court for the Eastern District of Texas.
The Truck Crash Problem In Texas Is Severe
In 2021, Texas suffered from 806 deaths as a result of large truck crashes. This number was almost as much as the second and third states combined.
— National Safety Council
Damages in Truck Accident Cases
There are often serious repercussions for those involved in these types of accidents. Truck accidents can cause catastrophic injury to the brain and spinal column. Victims of truck accidents often require ongoing medical care, which can lead to lost wages and astronomical medical bills. Some of the losses victims can receive compensation for include:
Medical Expenses
These expenses include any medical fees related to the accident. Past bills for ambulance transportation, hospital stays, medical treatment, and more will be calculated. We will also determine the future cost of care, including rehabilitation, ongoing medical assistance, and more.
Lost Wages
Truck accidents often result in a permanent disability and a compromised capacity to work. Our attorneys will seek compensation for wages lost during recovery, loss of earning capacity, and future lost wages as a result of the accident.
Emotional Trauma
Pain and suffering are considered when calculating personal injury damages. The emotional suffering caused by the accident itself, as well as injuries such as disfigurement, loss of limb, and brain injury will be considered. Any reduction in your quality of life should be taken into account when pursuing a fair settlement or verdict.
"Awesome Attorney."
"Greg has been an awesome attorney. Even after my case was settled, he has help get rid of debt collectors that have called & sent mail for a company that got paid when my case was settled. I highly recommend Greg. He is super nice & will take care of all the work for you." Lauralee Mueller, 5-Star Google Review
Suing Trucking Companies Is Harder Now
Truck accidents are complicated and a 2021 Texas law has further complicated a victim's path to compensation. Texas House Bill 19 (HB 19) went into effect in 2021 and made it harder for truck accident victims to win compensation from trucking companies. Victims seeking to hold a trucking company liable in an accident now must follow a more complicated two-step process.
Step One
To win compensation, the victim must first prove the truck driver is liable for the accident. If the driver is proven to be at fault, the victim's compensatory damages can then be determined. Compensatory damages cover a victim's financial and personal losses, such as medical bills, lost wages, and pain and suffering or disfigurement. At this stage, only the driver is included in the considerations and, except in cases of extreme negligence, the trucking company's identity is shielded.
Step Two
If it is shown the truck driver was liable for the accident, then the victim can pursue the second part of the lawsuit and seek damages from the trucking company. The trucking company can only be held liable for punitive damages, not compensatory damages. However, the victim must now prove that the trucking company's policies or their hiring or training of the driver were grossly negligent. HB 19 also places tighter restrictions on access to the trucking company's safety record.
"HB 19 is far from a solution.”
“This bill turns its back on the hundreds of Texas families who experience tragedy in commercial truck accidents each year," said Adrian Shelley, Director of Public Citizen Texas, in a statement when the bill was winding its way through the Texas legislature. "It limits corporate liability and throws roadblocks into the recovery process for grieving families. Texas has a series [sic] truck crash problem, but HB 19 is far from a solution.”
Don't Be Discouraged by New Texas Trucking Laws
Changes in Texas law have made seeking legal representation from a personal injury attorney to protect your rights in a trucking accident more important than ever.
With HB 19, the emphasis shifts to pursuing compensation first from truck drivers themselves. Texas is an at-fault state, so the at-fault driver's insurance company is required to pay for damages. Unfortunately, the insurance company's policy may not cover your damages in full.
If the trucker lacks adequate insurance coverage, you may have to look elsewhere for compensation to cover your losses. The truck accident attorneys at our Longview practice can help. In addition to pursuing an insurance claim or lawsuit on your behalf, we can also pursue other sources of compensation beyond the truck driver or trucking company.
This can include the shipping company, the truck mechanic or vehicle designers, or manufacturers. We can use our resources to determine the best route to compensation for your losses.
Common Causes of Truck Accidents in Longview
Longview faces a high risk of car accidents since commercial trucks like tankers regularly travel on these roadways from nearby oil fields. Truck accidents may be caused by driver error, mechanical failures, weather conditions, or many other factors.
According to the Federal Motor Carrier Safety Administration (FMCSA), the most common cause of truck accidents is driver error. A study conducted by the FMCSA indicates that about 87 percent of large truck accidents are caused by driver mistakes. Common factors in driver error-related accidents include:
- Fatigue or sleep deprivation
- Inattention or distractions
- Unfamiliarity with the road
- Use of mind-altering drugs
Equipment failure is another major contributing factor in trucking accidents. Manufacturing mistakes, design errors, and improper maintenance can all cause equipment to fail.
Beware of Insurance Company Offers
As truck accidents often force their victims out of work and into costly medical recoveries, it can be tempting to accept any settlement offer that the offending truck driver's insurance company offers. Do not give in to their pressure.
Insurance company representatives are not your friends. Their goal is to minimize risk to their company by offering a settlement that seems like a lot of money now, but that does not truly cover the extent of your losses. If you do accept their offer, you will not be able to pursue a lawsuit.
If any representative reaches out to you, politely refuse further contact and refer them to our Longview attorneys. Anything you say can be twisted and used out of context to minimize your claim. We know how to communicate with these people and how to stand up to them.
