Commercial Truck Accidents

While statistics show that trucking accidents have declined, 18-wheeler crashes still account for over 5,000 fatalities and 133,000 injuries. Imagine 80,000 pounds of steel slamming into a simple passenger car that weighs 3,000 pounds. The car you once owned is now spread across the highway in pieces. Now, think about yourself, the person driving the passenger car. The results are devastating.

When looking at the basic laws of physics, any collision involving a commercial truck is highly likely to result in serious injuries or even death. Assume this truck is carrying hazardous materials. If something that large and deadly hits another vehicle, there is a high chance that fires will also break out among the accident scene and cause deadly explosions.

If you or a loved one has been injured because of a trucking accident, contact the Law Offices of Thomas J. Henry. You may be entitled to compensation for your medical bills, living expenses, and pain and suffering. Our offices are available to handle your claim 24/7 day and night.

As many have seen either on the news or in person, most traffic accidents happen because of an unsafe act by a driver. When driving at high speeds on major highways, this act could be deadly. While there are many mistakes that can be made by either driver, commercial truck drivers have a duty to follow strict guidelines in order to keep the roadways safe. However, there are many times when these guidelines are not implemented.

• Drugs and Alcohol Violations
  • Intoxication
  • Under the Influence
• Failing to Keep Proper Look Out
• Failing to Stop at Stop Signs
• Failing to Yield the Right of Way at Stop Lights
• Changing Lanes When Inappropriate
• Unfamiliarity with Driving Route
• Aggressive Driving such as Tailgating
• Negligent Passing
• Speeding
• Using Cell Phones with Driving Creating Inattention
• Health Issues
  • Expired medical certificates
  • Inadequate vision
  • Sleep Apnea
• Violations of Hours of Service Requirements
  • Driver Fatigue
• Inadequate Training
• Equipment Failure
  • Brake Failure
• Improper Cargo Security
• Overloading
• Unsafe Driving Conditions
• Improper Maintenance

In a trucking accident, there is usually more than one defendant. While the driver is ultimately the person who hit you, the trucking companies, contractors, employers, and insurance companies could also be obligated to compensate you for your injuries. Your lawyer should thoroughly examine all potential defendants in order to maximize your monetary compensation.

Trucking companies are required to follow the Federal Motor Carrier Safety Act as adopted in Texas. This rigid set of rules is designed to keep individuals safe on the roadway. Often times, trucking companies and their drivers violate these rules. As a result, accidents happen and unfortunate injuries and deaths can occur. Some of the basic rules drivers and trucking companies are supposed to follow are enumerated here and below:

• Did the driver have a valid CDL?
• Did the driver have a poor driving record?
• Did he have an accident history?
• Did the driver submit to and pass a drug test? Did he have a drug abuse history?
• Was the driver medically qualified to drive a commercial truck?
• Does the employer routinely hire incapable drivers?
• Does the employer have a history of employing people with drug or alcohol abuse problems?

Time and time again, the Law Offices of Thomas J. Henry has established results through utilization of experts revealing trucking company documents, truck driver documents, and various violations of the law. Some violations of the laws have been serious enough to place trucking companies at risk of being temporarily stopped from operating in Texas and the United States. Further, through lawsuits handled by the Law Offices of Thomas J. Henry many violations have been found that were not found by state and federal auditors who professionally audit trucking companies. These findings occur through diligent lawsuit discovery enclosing depositions and interrogatories.

When facing the defendant, it's important to understand the accident history not only of the truck driver, but of the trucking company. At the Law Offices of Thomas J. Henry, diligent research is completed to look at both the truck driver and the trucking company and their accident history. It is not unusual to find truck drivers and trucking companies who have been in a lawsuit with the Law Offices of Thomas J. Henry to have had a poor driving record, poor accident history record, and poor hiring practices. Through the use of experts, the Law Offices of Thomas J. Henry have been able to illuminate how poor management practices have led to the hiring of a bad truck driver and eventually resulted in an accident.

When it comes to fighting trucking companies, the Law Offices of Thomas J. Henry have a keen knowledge on how trucking companies are managed. From hiring to background checks to watching how truck drivers operate their vehicle to save trucking companies fuel, the Law Offices of Thomas J. Henry understand that the use or misuse of information can eventually result in an accident. While management procedures are often times put in place by trucking companies so as to avoid truck drivers being in accidents or from hiring the wrong truck driver, it seems time and time again trucking companies do not follow their own policies and procedures. Even worse, some trucking companies do not have any policies and procedures.

In addition to looking at companies with D.O.T. vehicles, the Law Offices of Thomas J. Henry have also been successful in uncovering some companies with DOT vehicles that actually have alcohol policies. Hidden in human resource documentation have been policies that give company management the discretion to allow alcohol at functions for companies where drivers were eventually allowed to drive vehicles. Of course, the company policies against alcohol use conflict with their human resource policies. As a result of diligent research and use of numerous types of experts, the Law Offices of Thomas J. Henry have been able to expose the underside of some of the largest corporations in the United States who utilize alcohol policies allowing alcohol consumption in the operation of motor vehicles.

There are numerous regulations put in place in order to protect individuals from deadly crashes. More often than not, these regulations are not followed and lead to death or serious injury. For your information, we have listed the various regulations and laws that truck drivers must follow. Please remember that our attorneys are always here to answer any questions you may have.

• Regulations: Qualifications of Drivers
• Regulations: Driving of Commercial Motor Vehicles
• Regulations: Parts and Accessories Necessary for Safe Operation
• Regulations: Hours of Service of Drivers
• Regulations: Inspection, Repair, and Maintenance

E.C.M. and G.P.S. are important words and terminology in trucking cases. These terms refer to Electronic Control Module and Global Positioning System. Often times, commercial trucks or D.O.T. regulated vehicles will have these devices on the truck. These devices can allow the attorney to determine numerous facts related to an accident. Further, these devices can allow the attorney to understand the driving habits of the previous drivers of the particular vehicle which was involved in the accident.

The E.C.M. and G.P.S. are electronic systems that record and track the movement of the truck. They also provide data with regard to the speed of the truck at the point of impact. It is vital to obtain this data early in the case. At the Law Offices of Thomas J. Henry, when a client hires our firm we immediately file a lawsuit and restraining order to obtain not only the ECM and GPS documentation, but also all of the Federal Motor Carrier required documents for the driver. These documents relate to the driver's employment with the trucking company. The acquisition of these vital pieces of evidence can allow the client to understand the speed the truck was going at the point of impact and the route the truck had been on throughout the day. Therefore, the GPS data can allow the client to understand what the defendant truck driver's driving habits were before the accident.

Fortunately, GPS systems are often times saved by third-party companies or the trucking company. The saving of this GPS information allows us in the lawsuit to trace the truck's movement and speed along various roadways marked on the GPS printout. In addition, the GPS system will show the speed of the truck at various times throughout the days, weeks, and months.

It has been the experience of the Law Offices of Thomas J. Henry that acquiring this information has been extremely helpful and demonstrates that the truck driver was consistently speeding before the accident with our client. When trucking companies have access to the GPS information and fail to supervise the truck driver who is speeding on a regular basis, the trucking company becomes a serious defendant.

• In 2007, there were an estimated 101,000 injuries and 4,808 fatalities among trucking accidents. Texas led the number of fatalities with 493.
• Fatalities in crashes involving large trucks made up 12 percent of all fatalities in motor vehicle crashes.
• Among the drivers of the large trucks, 10.5 percent did not have a CDL.
• Among the factors leading to fatal crashes, 11.6 percent of all fatal crashes were caused by the truck driver's failure to keep in the proper lane.
• Collision with a vehicle in transport was the first harmful event in 75 percent of fatal crashes involving large trucks.

• The proportion of truck crash fatalities to all annual motor vehicle fatalities has not changed. In 2008, one of every 9 traffic deaths were the result of large truck fatal crashes. That proportion of traffic deaths has not changed for many years and is virtually constant from1997 through 2008.
• The relative risk of dying in a large truck crash has actually increased compared to fatalities in passenger vehicle crashes.

If you or a loved one has been involved in a commercial trucking accident, you may be entitled to receive monetary damages depending upon the type of injury or loss you have sustained. The law allows individuals who are injured to receive damages for:

• Personal Injury Damages
  • Physical Pain and Mental anguish sustained in the past
  • Physical pain and mental anguish that, in reasonable probability, the injured will sustain in the future
  • Loss of earning capacity sustained in the past
  • Loss of earning capacity that, in reasonable probability, the injured will sustain in the future
  • Disfigurement sustained in the past
  • Disfigurement that, in reasonable probability, the injured will sustain in the future
  • Physical impairment sustained in the past
  • Physical impairment that, in reasonable probability, the injured will sustain in the future
  • Medical care expenses incurred in the past
  • Medical care expenses that, in reasonable probability, the injured will incur in the future
• Personal Injury Damages - Injury of Spouse
  • Loss of consortium sustained in the past or, in reasonable probability, sustain in the future
    • "Consortium" means the mutual right of the husband and wife to that affection, solace, comfort, companionship, society, assistance, sexual relations, emotional support, love, and felicity necessary to a successful marriage
  • Loss of household services sustained in the past or, in reasonable probability, sustain in the future
    • "Household services" means the performance of household and domestic duties by a spouse to the marriage

In addition, if you have lost a loved one in an accident, the law may allow you to recover monetary damages for the following:

• Wrongful Death Damages
  • Pecuniary loss sustained in the past
    • "Pecuniary loss" means the loss of care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value, excluding loss of inheritance, that the spouse may, in reasonable probability, would have received from the wife or husband had he/she lived
• Pecuniary loss that, in reasonable probability, will be sustained in the future
• Loss of Companionship and society sustained in the past
  • "Loss of companionship and society" means the loss of the positive benefits flowing from the love, comfort, companionship, and society that the spouse, in reasonable probability, would have received from the wife or husband had he/she lived.
• Loss of companionship that, in reasonable probability, will be sustained in the future
• Mental anguish sustained in the past
  • "Mental anguish" means the emotional pain, torment, and suffering experienced by the spouse because of the death of the wife or husband.
• Mental anguish that, in reasonable probability, will be sustained in the future.
• Loss of inheritance
  • "Loss of inheritance" means the loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to the spouse.
• Loss of addition to the estate
  • "Loss of addition to the estate" means the loss of the present value of assets that the deceased, in reasonable probability, would have added to the estate existing at the end of his natural life.

While it is difficult to place a dollar amount on injuries such as death, disfigurement, paralysis, spinal cord injuries, brain injuries, and emotional pain and suffering, the Law Offices of Thomas J. Henry will fight to make sure you receive the compensation you deserve. We are available to handle your claim 24/7 day and night.

Because the Law Offices of Thomas J. Henry want our clients to have the information they need when they have questions about the research we incorporate into their case, we have provided a partial list of links to guide you through the process. Many of these are links we use on a daily basis when handling trucking cases. They include information regarding statistics, vehicle recalls, company safety records, trucking route registries, service orders, licensing information, trucking registration forms and updates, child passenger safety, impaired driving statistics and new legislation.

The Law Offices of Thomas J. Henry are committed to getting you the information you need. If you have any questions regarding the following links, research, or trucking cases in general, please visit our Contact Us page and simply fill out the form. We will respond immediately. 24/7. Nights and weekends.

• National Highway Safety Administration www.nhtsa.dot.gov
• Federal Motor Carrier Safety Administration www.fmcsa.dot.gov
• SAFER: Safety and Fitness Electronic Records System http://safer.fmcsa.dot.gov
• Texas Department of Transportation www.txdot.gov
• SaferCar.gov www.safercar.gov
• Office of Defects Investigation http://www-odi.nhtsa.dot.gov/ivoq/index.cfm
• Stop Impaired Driving www.stopimpaireddriving.org
• Child Passenger Safety http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c
• Transportation Research Board www.trb.org
• Federal Highway Administration http://safety.fhwa.dot.gov
• Association of Transportation Safety Information Professionals www.atsip.org
• Governors Highway Administration www.ghsa.org

The Law Offices of Thomas J. Henry have handled a multitude of 18-wheeler accidents in over the past 16 years and continue to handle many of the largest 18-wheeler accident cases throughout Texas and the United States. The Law Offices of Thomas J. Henry have taken on the largest trucking companies in the world and have been successful in winning their client's cases. Whether the company is small or large, the success of the Law Offices of Thomas J. Henry is not an accident; it is because we understand how trucking companies operate.

In addition, the Law Offices of Thomas J. Henry understand how truck drivers are supposed to handle themselves in the operation and use of commercial motor vehicles. Time in and time out, the Law Offices of Thomas J. Henry have demonstrated through expansive discovery, depositions and massive use of experts how trucking companies and drivers have caused not only injuries but deaths that were completely unnecessary. If trucking companies and drivers follow the appropriate safety rules prescribed by federal and state law, many people would still be living a full and prosperous life.

The Law Offices of Thomas J. Henry are available to respond to trucking accidents at any hour, day or night. Our lawyers understand that the immediate acquisition, or acquiring, of evidence is paramount to understanding how the accident occurred. Often times, the accident is only a symptom of an unsafe truck driver and trucking company. The Law Offices of Thomas J. Henry has obtained many successful results for our clients through hard work, diligence and a close working relationship.

Quick Links

• Home
• Intro Video
• Legal Consult
• Sign Up for Newsletter
• Bookmark Page
• Contact Us