Houston dump truck accident lawyers know that a diligent investigation of your accident and the site where it occurred forms an essential foundation to almost every successful truck injury claim. An in-depth truck accident investigation serves two primary purposes. The first purpose seeks to uncover all of the contributing factors to your Houston dump truck accident.
You need to combine a thorough analysis of the sequence of events leading up to your accident with an exhaustive review of all that took place during and immediately following the wreck. This careful, sequential analysis could help reveal contributing factors to the wreck that you might initially have missed.
For instance, if a manufacturing defect in a truck tire led to a blowout, the resulting change in vehicle stability might have caused the cargo load to shift. Then the cargo shift might have caused the driver to lose control of the dump truck. In dump truck accidents, cargo shifts or loss of driver control frequently cause the massive vehicles to tip over.
Almost every accident in life has multiple causes. But it requires the experience gained from numerous accident investigations to accurately pinpoint all of the contributing factors in a complex truck accident. The obvious cause of the accident described previously, which began with a tire blowout, would be the driver losing control of the vehicle and the resulting rollover. But an experienced Houston dump truck accident lawyer would know to look further. His diligent efforts could uncover the negligent tire manufacturer and the negligent cargo loading at fault in the matter too.
Identifying all of the parties liable for causing the accident that you could sue gives you more chances of recovering the economic compensation you deserve because of your injuries.
The second purpose of your accident investigation is to gather the evidence you will need to prove your case in court. In a lawsuit for civil monetary damages, like a truck accident injury claim, the burden of proof rests completely on the claimant (you). The defendants need prove nothing; they need merely to defend. If they can sufficiently discredit and undermine your case, they can win and you walk away with nothing.
So you must not wait to bring a skilled Houston dump truck accident lawyer in on your case. Hesitation can be costly. Evidence begins to fade immediately following an accident. Just clearing the scene of a truck accident so that traffic can pass forever alters and destroys some of the evidence you might need. The longer you wait to have a knowledgeable lawyer examine your accident scene and gather evidence on your behalf, the weaker the available body of evidence to support your claim will be.
With the high dollar amounts at stake in a Houston dump truck accident claim, you can be sure that the defendants will use every trick to shift the blame for the wreck back to you. It is not uncommon for these opposing parties to lie, or to alter, hide, or destroy relevant evidence. For instance, truckers desperate to avoid liability have been known to sneak into salvage yards and damage the victims’ vehicles to make it look like they were driving without headlights at night to cause the accident. Astute Houston dump truck accident lawyers can ask to review videotapes to catch the evidence of the sabotage. But sometimes tapes get recycled and taped over in just a few days, so you must act at once to secure a competent attorney for your case.
To learn more about the perils and potentials of dump truck accident cases in Houston, download our free book on the essential elements of a winning truck claim. The book is free to our readers; the information it contains could prove quite valuable for you.
Our Houston dump truck accident attorneys point out that bottom line-conscious insurance companies defending high dollar value insurance policies will be motivated to do all they can to minimize or deny your claim: You might not realize that the value of a dump truck liability policy is probably about 50 times greater than the value of your car insurance policy.
Such high dollar liability coverage proves necessary because the damage caused by a dump truck in a wreck can be so much more extensive than that caused by an ordinary passenger car. So insurance companies stand to lose large amounts of money if they must pay out on your major dump truck accident claim.
The insurance company’s first line of defense is the high-pressure insurance adjuster. The adjuster might badger you relentlessly to try to get statements to use against you as admissions of your own liability for causing the accident. Even the most innocent statements can be artfully twisted to mean something other than what was actually meant. And you can be fairly certain that any statements you make are being recorded.
Texas follows the doctrine of modified comparative negligence. This doctrine holds that a victim found to be at least 50% of the cause of his accident cannot sue anyone else for compensation from the accident. So if the insurance company can find a way to show that you were at least half responsible for causing your accident with the dump truck, then it doesn’t have to pay you. Our Houston dump truck accident attorneys caution that you should not speak to the opposing parties (including the insurance adjuster) directly. Hire an attorney to handle all contacts with the defendants and their insurers for you.
The insurance adjuster will also take advantage of your inexperience in such matters to try and get you to sign away your rights. If he can’t get you to release your rights completely, then he might offer you a quick cash settlement. We know that a quick cash settlement looks good in the aftermath of a serious accident when your expenses are usually piling up quickly.
But don’t take the settlement. If you accept it, you also relinquish your right to make any further claim for compensation. And you can be sure that the quick settlement offer represents only a very small fraction of the real cash value of your claims. Get a knowledgeable Houston dump truck accident attorney to carefully examine your case and determine its true value for you. A strong accident attorney could uphold your rights in the matter and ensure that you don’t accept less than you should for your injuries.
One thing to always remember is that in any civil claim for damages, the burden of proof is on you, the plaintiff, to prove every aspect of your claim. The defendants have merely to defend. They don’t have to prove anything. They only need to cast enough doubt on your story to sink your claim. And without the concrete evidence to prove your claim that an able attorney could obtain for you, a well-funded insurance company could find destroying your claim to be child’s play.
Insurance companies and their intimidating adjusters will only respond to the opposition of an attorney who is as aggressive as they are. You need a Houston dump truck accident attorney with a long string of truck accident case victories to his credit who can motivate the insurance representatives into a fair settlement with you. The aggressive truck accident attorneys of Denena & Points have successfully faced off against every major insurance company in Texas.
When you need a solid track record of success to help you build and win your claim, call on us to help. We’ve dedicated over 12 years of our lives to helping injured accident victims recover the just compensation that they deserve to help them get their lives back on track after a tragic accident. Call us today at 877-307-9500 for your free legal consultation. We understand the pain you’re feeling after a devastating dump truck accident; we don’t charge you any attorney’s fees unless you win your claim.
The Pearland dump truck injury attorneys at Denena & Points remind you that most accidents have more than one cause. So more than one party might be to blame for your dump truck accident. Having multiple parties from whom to claim compensation could increase your chances of making a full financial recovery following a serious dump truck accident.
In almost all dump truck accidents, the dump truck driver will be at fault for causing the accident that injured you or killed your loved one. This is because the truck driver was behind the wheel and in control of the vehicle at the time of the accident. He might have forgotten to lower the dump truck bed, or he might have taken a turn too fast for the vehicle and caused it to turn over. He might have been momentarily distracted at the time of the collision.
When the dump truck driver is at fault for your accident, his employer is usually legally at fault as well based on a legal doctrine called “respondeat superior.” This doctrine holds that an employer is responsible for the actions of his employee while that employee is on the job for him.
The financial costs of a dump truck accident can be astronomical to the victims. Your life may never be the same after a collision with a massive dump truck. But the dump truck driver might have very few financial assets with which he could pay your costs from the accident. So the ability to sue his employer for recompense gives you more opportunity to make an adequate recovery on your losses.
Sometimes workers who helped load the truck with the debris it was hauling might have overloaded the truck, or failed to cover or secure the load. If the truck’s contents spilled onto the road or onto nearby vehicles and pedestrians or if the imbalanced load caused the truck to tip or roll over, you could have a valid claim against the truck’s cargo loaders.
Sometimes a defective truck component contributed to an accident. Or a vehicle maintenance or assembly flaw might have contributed to the accident. Then you could also look to the manufacturers or maintenance company for financial restitution for your injuries.
An experienced Pearland dump truck injury attorney knows what to look for in a dump truck accident case. His thorough investigation of your accident could help you uncover all the parties at fault for your injuries. Usually only an exhaustive professional examination of the event can uncover all of the causes and the evidence you need to prove them. If you have no experience with dump truck accident cases, you’re likely to miss some of the possible causes of your wreck. Long experience with dump truck cases has taught our Pearland dump truck injury attorneys where and how to look for critical pieces of evidence to pinpoint all the causes of an accident.
We understand the confusion and loss you feel after a serious dump truck accident. If you have questions about what to do now that you’ve experienced a dump truck accident, please give us a call for your free consultation. A Pearland dump truck injury attorney from our office could review the details of your case with you and answer your pressing questions about your possible legal options and the obstacles you might face in seeking justice. We devote our energy to ensuring your success in recovering fair financial compensation so that you can use your energy to heal following your serious accident.
Our Houston dump truck wreck attorneys remind readers that literally hundreds of fatal accidents and serious injuries occur each year due to improperly secured and unsecured dump truck beds or cargos. Many of these accidents and injuries affect the workers employed on and around the trucks. The problem is so pervasive that companies have formed just to make products to lock dump truck beds in secure positions in the event of operator error or mechanical failures.
And OSHA (the Occupational Safety and Health Administration) issues citations to employers if they don’t provide effective dump truck bed lockout procedures and dump bed bracing while employees work under the bodies of the trucks.
The Texas transportation code in Subchapter B of Section 725.021 mandates that dump truck cargos be enclosed, covered and secured to prevent loose material from escaping, blowing, or otherwise spilling out of dump trucks. (But you have possibly seen dump trucks that ignore these rules.)
Our Houston dump truck wreck attorneys point out that dump trucks are heavy utility vehicles specifically designed to haul away the detritus of modern societies. Gravel, rocks, debris, and trash of all kinds fill their beds when loaded. A load of gravel or rocks that suddenly spills onto roadways and neighboring vehicles can cause catastrophic injuries and multiple fatalities.
Despite numerous regulations and specially designed commercial safety products, numerous fatal accidents occur each year from dump truck beds that crush workers and heavy dump truck loads that spill onto unsuspecting passenger vehicle occupants and pedestrians. The unstable nature of the loaded vehicles with their high centers of gravity on relatively short frames provides a natural recipe for roadway disasters.
Crushing and mangling injuries from such accidents can lead to enormous expenses and the need for life long medical care in survivors. If you’re the victim of a Houston dump truck wreck, you’ll likely find your claim vehemently opposed by profit-conscious trucking companies and their insurance companies. Complex evidentiary issues involving technical cause and effect, the laws of physics, and intricate mechanical workings on the trucks complicate your claim.
To have a fair chance at obtaining the full financial compensation you deserve for your traumatic injuries and losses, you’ll almost certainly need the aid of experienced Houston dump truck wreck attorneys who know how to navigate the legal complexities of the case and how to stand up to the heavy-handed tactics of your opposition. Contact the knowledgeable Houston dump truck wreck attorneys at Denena & Points for a free legal consultation regarding your accident. Their proven skills in dump truck cases could be your key to winning the financial compensation you justly deserve.
Montgomery County truck cargo accident lawyers note an 18-wheeler rollover on I-45 at S.H. 242 that shut down the road for several hours on Thursday morning. The Montgomery County Police Reporter and other news media provided details on the 18-wheeler rollover.
The truck driver was driving for SAPP Logging and had picked up a timber load for a mill in Cleveland. He said he felt his load was top heavy and that he tried to rebalance it by turning. (Ever tried that? Is it practical?) His sharp turn on the feeder road into S.H. 242 sent the truck into a rollover that ejected about 60 logs from the back of the truck.
Fortunately, no other motorists on the road in the morning rush hour were injured by the rollover and spilled timber. The truck driver was trapped in the cab when the truck turned over. He kicked out a window to free himself. A diesel fuel spill from the overturned truck and a scattering of logs all over the roadway delayed traffic and made commuting hazardous for most of the day.
On Wednesday morning, a similar logging truck accident had occurred. A truck driver working for Anderson Trucking was headed to a mill with a load of burned timber when he overturned at US 59 and S.H. 242. The driver wasn’t wearing a seat belt and received minor injuries in the 18-wheeler rollover, but no other injuries were reported.
The Montgomery County Police Reporter noted that the investigators found several safety violations on the Anderson Trucking vehicle. These included improperly set trailer brakes and a tire violation. The weight carried by the truck was only just legal, probably around 82,000 pounds according to the truck driver. Our Montgomery County truck cargo accident lawyers mention that with proper permits, such a load might slightly exceed the standard 80,000-pound 18-wheeler weight limit.
The Montgomery County truck cargo accident lawyers at Denena & Points took a look at the Texas DPS manual that truckers use to review for their commercial drivers’ licenses. The manual contains detailed information on the laws truck drivers must follow. What does it say about loading and securing cargo?
It appears that the drivers of the two 18 wheelers involved in the Wednesday and Thursday morning accidents at S.H. 242 failed to follow these procedures and live up to their legal responsibilities. To be fair, it might be somewhat impractical to check a load 25 miles in and then again every 150 miles. But when you’re carrying a load of heavy logs that are quite capable of mangling vehicles and their occupants should they suddenly fall from the truck, it IS imperative that you do a thorough check before you drive off with the load. Make sure it’s secure and NOT top-heavy BEFORE you drive out onto the public roads with it.
Failure to do so could make the truck drivers and their employers legally liable for damage done by subsequent accidents and cargo spills. For more information on truck accidents, legal liability, and obtaining financial compensation for truck accident damages, download our Montgomery County truck cargo accident lawyers’ free e-book with your essential road map to Texas 18-wheeler injury claims.
Our Pearland truck accident lawyers have written before on the dangers from unsecured cargo that spills from trucks. We’ve written about how to identify who’s liable for the accident and how to obtain just compensation for your injuries and vehicle damage from a falling cargo accident.
Truckers generally don’t load their trucks’ cargo themselves. It’s often a third party contractor or vendor that loads the cargo. But under U.S. regulations, the trucker is ultimately responsible for ensuring that his truck’s cargo has been properly loaded and secured. It’s usually the trucker who’s in the best position to know whether his truck’s cargo fasteners are in good condition.
But despite an array of regulations designed to encourage proper securing of cargo, the daily news continues to report falling or spilled truck cargo accidents. Just Tuesday in Montgomery County on U.S. 59, an inadequately secured pipe fell from an 18-wheeler owned by PrimeTime Transport. An 18-wheeler on the highway behind, this one owned by Roadway-Yellow Freight, tried to avoid the pipe and ended up running into the concrete median. Then a motorist in a Ford Mustang struck both the pipe and the second 18-wheeler. Fortunately, her injuries were only minor, but the car sustained some nasty damage.
Except for the lack of very serious injuries and vehicle damage, this incident on U.S. 59 exemplifies the dangers from falling, unsecured truck cargo. In this truck cargo accident on U.S. 59, the driver of the Mustang as well as the driver of the Yellow Freight 18-wheeler could sue the parties at fault for the financial value of the damage to their vehicles and for any injuries that resulted from the accident. The liable parties might include the driver of the PrimeTime 18-wheeler, PrimeTime Transport, and the parties responsible for actually loading and securing the pipes. Ultimately, the liability cost of a falling cargo accident, even when the damage is comparatively minor, is much greater than the cost of taking a little extra time to secure the cargo properly.
If you’ve been injured or received vehicle damage as a result of falling, unsecured truck cargo, hold the parties at fault for the accident financially accountable for their oversight. Only by making them feel the financial pain of their negligence can you encourage them to take proper care and avoid such accidents in the future. Contact our Pearland truck accident lawyers for a free and confidential legal consultation regarding your claim. Our experience and skill in the area of truck cargo accidents could help you win a full financial recovery for your losses following the wreck.
Texas school bus accident lawyer notes that the Tuesday morning rush hour witnessed a very serious collision between a Lowe’s delivery truck and an Academy I.S.D. school bus near Temple, Texas. 32 people were injured by the collision, some of them critically. Heavy fog is being blamed as a cause of the wreck.
Although school buses are statistically a pretty safe mode of travel for the state’s schoolchildren, numerous school bus accidents occur each year. Some of the usual causes include:
Driver fatigue, inattention, or inexperience might apply to the school bus driver or to the driver of the other vehicle involved in the collision. Other motorists are required by law to stop if a school bus has its lights flashing to indicate students getting on or off the bus. Motorists often fail to heed this warning and continue to drive past the bus. Sometimes these vehicles hit students emerging from the bus.
When you or your child have been injured in a school bus accident, you might be entitled to full financial compensation for your injuries from the parties whose negligence caused the accident. You might be able to recover compensation for:
If the accident resulted in the loss of a loved one, you might be entitled to file a wrongful death claim and survivor claim. Our experienced Texas school bus accident lawyers could help you determine the extent of the monetary damages to which your case entitles you, as well as your legal options for obtaining that compensation for your injuries. Our knowledgeable attorneys could conduct a thorough investigation of the accident to determine its true causes and to identify all liable parties at fault for the school bus accident. We could help you hold them financially accountable to the full extent of your accident losses. Contact us today for your free consultation.
Clear Lake truck crash lawyers think maybe it’s a good idea if you’re driving an 18-wheeler containing live ammunition to pay attention as you drive. Just an idea.
It seems like every week brings more and more concerned discussion about distracted driving. Studies show that just about everyone is doing it, and that the bulk of the distracted drivers strongly disapprove when others do it. But they keep driving distracted themselves. OK, so that’s not atypical of any problem.
The 18-wheeler in question would’ve jack-knifed on I-45 due to the driver’s negligent actions with or without the ammo in its cargo. But the truck crash might not have erupted into a major blaze that shut down all lanes of a major highway for several hours and incidentally destroyed any number of UPS customers’ parcels. And without the ammo, a bullet wouldn’t have ignited and fired itself into a rescue vehicle at the scene.
It’s fortunate that more of the ammo didn’t start firing in all directions and injuring the rescue workers themselves. Fear of just such a possibility may be what kept all I-45 lanes shut down for so long. As a driver who uses that freeway from time to time, I’m grateful for their wise precaution. I admire the fire and rescue personnel that brave these scenes of fiery wreckage to protect the rest of us. They take some serious chances.
Call me a Nervous Nellie. But if I were driving a massive, heavy 18-wheeler laden with cargo (including live ammunition) at night, I would not duck down into the well of the truck to retrieve something on the floor while my 18-wheeler continued full speed ahead on the highway without any real supervision. Maybe it’s because I’d worry that the truck might veer off course while I was busy down near the floor, and then I’d lose control of the rig and possibly end up jack-knifing or overturning. Coincidentally, that’s precisely what happened.
Even without a load of live ammo and a major blaze, 18-wheeler wrecks can take a heavy toll in lives, health, and peace of mind. Even car and pickup trucks can be deadly when a distracted driver is behind the wheel. Or down near the vehicle floor, as the case may be.
Consider the high cost of this one 18-wheeler driver’s distraction:
Don’t drive distracted. Just don’t take the chance – with your life or with others. If you need to retrieve something from the floor, wait until you’re at a stoplight or you pull off the road for a rest break.
And if you’re injured by a negligent or distracted 18-wheeler driver and you’re wondering what you can do to meet your medical expenses and vehicle repair costs, take a look at our Clear Lake truck crash lawyers’ helpful e-book on what you need to do to make a valid truck wreck compensation claim. The book is free. Just click on our website, and download your free book.
You might have read about the devastating multi-vehicle crash that happened in New Orleans on I-10 Thursday morning. The deadly pileup left two Louisiana men dead and dozens injured. At least 40 trucks, cars, vans, and other vehicles became entangled in the wreck. Witnesses placed the blame on dense clouds of black fog or smoke that left drivers unable to see.
Most of the major multi-vehicle crashes around the world result from dense fog. Smoke, blinding snow, and sun glare represent other reported causes of major multi-vehicle pileups. These serious chain-reaction wrecks tend to occur on heavily trafficked, multi-lane roadways like U.S. freeways and German autobahns.
When the leading vehicles on these roadways encounter sudden banks of fog or other conditions obscuring visibility and the vehicles around them, they are generally traveling at high speeds. They might crash into the vehicles in front of or beside them. If they suddenly slow or stop to avoid colliding with those ahead of them, other vehicles traveling behind may rear-end them at high speed.
Drivers and passengers encountering sudden pockets of limited visibility might hear vehicles crashing up ahead. But without the ability to see where safety lies, they might not be able to avoid becoming part of the pile-up. Hundreds of vehicles may eventually take part in the multi-vehicle pileup. The pileup might even end up with more than one focal point.
Trucks, cars, buses, and motorcycles might all take part in the deadly mix. Vehicle occupants could suffer injuries from more than one impact and experience catastrophic or fatal injuries as a result. Trapped in the wreckage, they experience danger from additional crashes and fires that ignite in the damaged vehicles.
Investigating a multi-vehicle pileup and determining its true causes is difficult. Liability may be shared among numerous parties. Your medical expenses from such an accident could be considerably higher than from an ordinary vehicle accident.
Your chances of recovering financial compensation for your injuries could be greatly enhanced when you retain a Houston accident lawyer experienced in the intricacies of complex accident investigations and case preparation. If you’ve been injured in a multi-vehicle crash, contact our experienced trial lawyers at Denena & Points for a free legal consultation.
Our sound advice could help you understand your legal options and make wise choices to maximize your financial recovery. Download our free e-book on important things you need to know after a serious Houston accident to help you get started. And call us toll free at 877-307-9500 or contact us electronically through our website. Let us help you recover.
Our Texas truck accident lawyers want you to know that when a negligent truck driver causes an accident, and you have financial losses from that accident, you don’t need to be a helpless victim. Texas law provides remedies so that you can hold negligent drivers accountable for their actions and make them pay for the accident damages they’ve caused.
Just Saturday night, Laday Corre, behind the wheel of a Dodge 1 ton flatbed truck, accelerated through the wall of a store just missing the store clerk and causing substantial damage to the store. The wreck probably also destroyed some merchandise and took a high toll on the nerves of the store clerk. The wreck happened at the Abby Mart just outside of Splendora, TX.
News accounts of the incident don’t relate what caused Laday Corre to accelerate directly into the store instead of just parking outside and walking in like other folks. Even if the wreck was a simple accident caused by accidentally applying the gas pedal instead of the brake, driving through the wall of the store represents an act of negligence. The store owner could file a civil suit to recover financial damages from Ms. Corre to pay for repairs to the store. If brake failure due to a mechanical defect was a factor, the store owner might be able to recover from the manufacturer or other party responsible for the brake failure. The store clerk might even be able to recover damages to pay for a bit of trauma therapy, if needed.
The key to a successful civil suit and a just recovery of financial compensation is an able Texas truck accident lawyer. An experienced Texas truck accident lawyer knows how to conduct a thorough investigation to identify accident causes and responsible parties. His legal expertise could ensure hat you have the evidence you need to make a successful accident claim for your damages. Your lawyer’s knowledge of the intricacies and special challenges of truck accident claims could prove the crucial elements for producing a winning legal strategy and convincing arguments to present your side of the case.
If you’ve suffered losses because of a negligent truck driver, contact our Texas truck accident lawyers at Denena & points for a free legal consultation. And download our free e-book on the essentials of truck wreck claims.
We have a background in and inside knowledge of trucks, truck driving, and the trucking industry that you won’t find with many other lawyers. Our extensive experience has enabled us to help our clients win claims against negligent truck drivers and trucking companies for more than a decade. We could help you too. Contact us today.