Pearland Truck Accident Lawyers

If you or a loved one has been involved in an accident with a large commercial truck, the Pearland Truck Accident Lawyers at J.D. Silva & Associates have the experience to to help you successfully navigate your case.

The massive size and weight of commercial trucks mean they cause significantly more damage when you are involved in a roadway accident with one. Occupants in a passenger vehicle stand very little chance of surviving a trucking crash without major injuries. When you suffer the consequences of a truck driver’s negligence, you need experienced legal help.

At J.D. Silva & Associates, PLLC, our Pearland truck accident lawyers have the background, skills, and tenacity to protect your legal rights against large trucking companies who try to pin the blame on you and pay you as little as possible after a collision. When they are at fault, you are entitled to seek financial compensation for your injuries and other losses. Contact us today to schedule a free consultation and learn more about how we can help.

Why Choose J.D. Silva & Associates for Your Truck Accident Claim?

At J.D. Silva & Associates, we focus on protecting your rights and getting you the financial relief you deserve. Key reasons you should choose us for your truck accident case include the following:

• We investigate each case thoroughly to collect evidence supporting your claim of negligence on the part of the liable parties.
• Our dedicated professionals help you estimate your losses, negotiating aggressively for the settlement you require.
• We diligently represent those who are injured by the careless actions of others on a daily basis.
• Our truck accident attorneys work on a contingency fee, meaning you do not pay us anything unless we win your case.

The Rights and Legal Options for Truck Accident Victims in Texas

After a truck accident, you need a legal team that provides the knowledge and familiarity with the law necessary to help you successfully pursue your personal injury claim. Trucking companies have teams of lawyers protecting their bottom line and reputation. They work hard to avoid paying money to truck accident victims.

You have the right to seek maximum compensation for your losses from the liable parties – and in accidents involving a big rig, there are often multiple potentially responsible individuals and entities you may not even know about. You can do this through an insurance claim against those responsible and/or by filing a truck accident lawsuit. Regardless, the experienced, qualified, and skillful team of truck accident lawyers at J.D. Silva & Associates can help you investigate and develop your injury claim so that you and your loved ones can achieve the best outcome possible.

The Importance of Gathering Evidence to Support Your Truck Accident Claim

After a truck accident, your health and safety should be your first priority. Once you are in a safe place, you can take action to protect your claim right away – if you are physically able to do so. If you are unable to move around, you can also ask someone nearby to assist you in taking essential steps to hold the responsible parties accountable.

At the scene, you can begin gathering crucial materials that will support your compensation demands. If you are physically unable to perform these tasks yourself, ask for assistance to do things such as:

Call 911 for Help

Calling the authorities brings first responders to the accident scene so you and others can receive medical treatment. In addition to assisting the injured, law enforcement will examine the scene, interview the truck driver, and usually make a decision on liability. You and your legal team will later have access to the police report as a critical piece of evidence. Law enforcement may also issue traffic citations against any drivers, including the truck driver, they consider to be at fault.

Get Medical Attention Immediately

Even if you think your injuries are minor, you should accept an evaluation and treatment by the medical professionals who arrive at the truck accident scene. You may have injuries that will not show up until later, such as a concussion, internal bleeding, spinal cord or brain damage, or damage to your internal organs. In addition, the adrenaline running through your body after the crash may prevent you from realizing just how hurt you actually are.

You should get treated right away, but if you somehow do not, be sure to schedule an immediate visit with your doctor. Not only can you receive care for your injuries, but this visit will help you establish the necessary direct link between the truck accident and your injuries. This is essential evidence required to prove causation for both an insurance claim and a personal injury lawsuit.

Exchange Contact Information and Insurance Details

The law requires you to exchange insurance coverage and contact information with those who drove a motor vehicle or were otherwise affected by the crash. You should write down the identification information on the commercial vehicle from both the tractor and the trailer. You can also use your phone to take photos of these items.

Having these details will be important later if you discover the truck driver provided false information about their identity, employer, insurance coverage, or other pertinent details. Independent truckers, for example, may be hesitant to admit they do not have the required commercial vehicle insurance coverage. Again, this information can be very valuable during your personal injury claim process.

Avoid Small Talk or Admitting Blame

It is human nature to say, “I’m sorry,” after an accident just to be nice or polite, but you must try to avoid any statements that could serve as an admission of liability. Remember that large trucking companies will send their lawyers to investigate the incident soon after, and they will interview anyone who witnessed the crash. If the truck driver overheard you saying you were at fault, those attorneys would work to use it against you.

However, if you hear the truck driver making any statements that indicate their liability, be sure to record those for your attorney to investigate.

Gather Evidence

Photos and videos are powerful evidence to demonstrate who is at fault and what happened in your Texas truck accident. Take pictures of the scene, including skid marks, damage to the commercial vehicle and your motor vehicle, any other property damage, and any visible injuries. Truckers will be doing the same, so you must work quickly.

Ask witnesses for their contact details so your truck accident lawyer can interview them, and make a written or vocal record to capture details you may forget later (using a Notes app or recording videos on your phone can be helpful with this). Make note of any traffic or security cameras in the area so your attorney can request the video footage.

Speak With a Pearland Truck Accident Attorney

You might think you should call your insurance company next, but you may benefit more by talking to a qualified truck accident lawyer first. Insurance adjusters are invested in protecting their profits, not in paying your compensation. Your personal injury attorney can deal with the insurance company and ensure they do not take advantage of you.

Common Causes of Truck Accidents

Although truck drivers are required to follow guidelines and safety regulations from the Federal Motor Carrier Safety Administration (FMCSA), many feel pressured to cut corners. They may, for example, make fake entries in their logbooks to skirt rules and convince authorities they are not breaking the law.

Large trucks are inherently dangerous due to their size, weight, and difficulty in maneuvering. The harm they can do to those in passenger cars can be horrific. In addition to their size, the following factors can also cause commercial vehicle accidents:

Faulty Design or Manufacture

A poorly designed or made truck or any of its components can lead to an accident. Truck manufacturers are responsible for identifying and correcting problems before products are sold to the public, and failure to notify trucking companies or drivers about a problem can make them liable for the injuries resulting from a crash their product caused.

Driver Fatigue

The Federal Motor Carrier Safety Administration sets firm regulations regarding a driver’s hours of service on the road and how much rest they must take. When a driver violates these regulations, they put themselves and everyone in passenger vehicles at risk for a crash.

Equipment Failure

Vital equipment can malfunction or fail, leading the driver to take evasive action, such as braking suddenly or swerving to avoid other vehicles. Routine inspections should catch any problems, but if the driver or trucking company has avoided performing these procedures, they could be held liable for damages they cause to those in passenger cars.

Distracted or Impaired Driving

Truck drivers can be distracted by their cell phones, GPS devices, or passengers in the cab, among other distractions. In addition, energy drinks, drugs, and/or alcohol can impair their ability to react quickly to changes in road conditions. If the authorities believe the driver was under the influence, they will often include the results of field sobriety tests in their police report.

Speeding

Speeding is dangerous for every driver, but more so for truckers because their large and heavy vehicles take substantially longer distances to slow or stop. In addition, if a truck driver must slam on their brakes, they risk having a jackknife accident, where the trailer swings around at a sharp angle to the truck.

When police suspect a trucker engaged in speeding or aggressive actions, they can refer to the Event Data Recorder (EDR) or black box contained in the truck to validate speed, braking, and other information. The information contained in this mechanism can be invaluable to your truck accident case.

Failure To Check Blind Spots

Commercial vehicle drivers are responsible for checking their blind spots are clear before changing lanes, slowing, or speeding up. These blind spots are located in front of, behind, and to the sides of the truck and must be checked regularly. Fatigue or other impairment can cause a driver to forget, leading to rear-end and sideswipe crashes.

The Role of Insurance Companies in Truck Accident Claims

You should not disclose any information to the trucking company, insurance carrier, or its lawyers. Instead, you should refer them to your personal injury lawyer, who will know how best to answer them while protecting your legal rights. Working with a reputable law firm from the beginning keeps you from worrying about making a mistake that could be costly.

Trucking insurance representatives will try to take advantage of you by:

• Delaying the processing of your claim
• Waiting until you are desperate for money to pay bills, then make an insultingly low settlement offer
• Omitting or outright lying about policy details or insurance coverage
• Pressuring you to close the claim or recant your statements
• Ignoring your requests for compensation, so your bills pile up
• Hiring a private investigator to follow you and provide evidence to deny your claim

These companies know the law and their policies inside and out, and they count on you not understanding the important details. When you work with an aggressive trucking accident law firm, you can show them you mean business. The experienced legal team at J.D. Silva & Associates will negotiate fiercely for you and take the responsible parties to court if they do not meet our demands.

Filing a Truck Accident Lawsuit for Compensation for Medical Bills and Other Damages

In an 18-wheeler accident, a significant component of your damages will be medical bills. Getting in a wreck with a large commercial truck can leave you with significant healthcare costs when you suffer serious injuries and need lifelong medical care. A commercial truck accident often results in brain injuries, paralysis, or even fatalities. Regardless of what you have lost in an crash, you have the right to seek financial compensation when someone else is at fault.

You are eligible to claim both economic and non-economic losses. Anything with a fixed price is economic, such as your medical expenses, while your pain and suffering are considered subjective or non-economic damages. Most insurance adjusters are reluctant to meet your demands for subjective losses, but they are just as valid as the costs of medical treatment.

Economic losses in trucking accident claims usually include:

• Medical and hospital bills: Surgeries, ICU, ER, and other costs to treat your severe injuries can be requested, along with physical therapy and rehabilitation expenses.
• Lost wages and benefits: Income you lose while you recover, as well as bonuses, vacation time, retirement benefits, and insurance payments, should all be repaid to you by those at fault.
• Reduced earning capacity: When your truck accident injuries are so serious that you cannot return to your job, you may suffer significant financial damage. Your diminished earning potential must be included in your request for compensation.
• Legal fees: You can request that the defendant reimburse you for your legal fees, although you will pay nothing to J.D. Silva & Associates unless and until we win your claim.
• Property damage: Along with your vehicle, you can claim replacement or repair costs for items such as cell phones, luggage, clothing, computers, or work equipment.

Your non-economic losses can cover the ways your life has been changed, such as:

• Long-term or permanent disability: You may need to relearn basic mobility functions or adjust to a new normal with limitations that bring frustration, grief, and isolation.
• Reduced quality of life: Losing time enjoying hobbies or time with your family can diminish your quality of life. You may also develop anxiety, depression, PTSD, and other such problems that affect your daily life.
• Pain and suffering: Chronic pain, numbness, loss of function, loss of sensation, and other conditions can be a constant companion after a crash.

If a loved one passes away as a result of the truck accident, certain surviving family members can file a wrongful death claim to recover the deceased’s medical and other expenses, as well as costs for the funeral, burial, and their grief. A wrongful death lawsuit also seeks to provide your family with compensation for the loss of your loved one’s financial contributions to the household.

Texas Statute of Limitations for Filing an Injury Claim

Under Texas law, you typically have two years to file a truck accident lawsuit. However, in trucking accident cases, you should act quickly since truck companies do not have to preserve evidence after a certain amount of time. When you delay contacting a truck accident lawyer, you risk missing the opportunity to seek compensation through the courts if the statute of limitations deadline passes.

Contact the Pearland Truck Accident Attorneys at J.D. Silva & Associates Today for a Free Case Evaluation

Insurance carriers and trucking companies have armies of attorneys, paralegals, and staffers to protect their bottom lines. Our truck accident attorneys can offer you the best protection against these powerful forces. Given the complexity of accidents involving large trucks such as 18-wheelers, semi-trucks, and other commercial vehicles, we never recommend you try to navigate the aftermath of a big rig collision situation alone.

If you or a loved one has been involved in an accident with a large commercial truck, contact J.D. Silva & Associates to help you navigate your case. We will get you the maximum amount of financial compensation you deserve, and our legal team will see your case through to the end. Contact us to schedule a free consultation with our Pearland truck accident lawyers today.

Testimonials

Two years ago I was in a 18-wheeler accident. Thank God for Johnathan being on top of everything that was needed for me and my family. He’s a good person, in and out, and as a lawyer made sure I was well taken care of. I am forever grateful. I highly recommend J.D. Silva & Associates if you want to be treated right!

• Luis Adame

Founding Partner, Johnathan D. Silva
Mr. Silva founded J.D. Silva & Associates in 2018 to spearhead his ongoing work advocating for injury victims. His background as a military medic and lawyer provide him with a unique, multi-faceted understanding of the medical issues involved in personal injury cases. As a lawyer with medical experience, he understands complex medical records used in litigation with confidence. Learn more about Attorney Johnathan Silva.