Stewart Guss April 17, 2012
Have You Been Injured in a Truck Accident?
When a truck crash does happen of course the first concern is for the well being of those involved, but this is just the start of proceedings, there will be a LOT to worry about afterwards too. A commercial truck accident is a complex situation, and you have many legal rights and responsibilities. This is where an experienced truck accident attorney like Stewart Guss can help; we can guide you to make the best decisions and make sure that you get every penny of compensation to which you are entitled.
Trucking companies are very slick and have plenty of tricks to make it hard or impossible for you to recover on your own. We have 20 years experience fighting with these trucking companies and their insurance adjusters on behalf of victims of truck accidents to get full and fair compensation for all of their damages.
There are lot of things to consider in a situation like this, and some can have a major impact on your welfare and size of your claim. We will go over this when we speak with you but for example:
- Are there injuries or fatalities?
- How bad is the property damage?
- Were the police involved?
- Are there medical and insurance costs to pay?
- What are the legal rights and responsibilities?
- What are the factors that affect the amount of your settlement?
Why Choose Attorney Stewart J. Guss?
Traffic accidents can be complex, especially when commercial trucks are involved. These situations can be upsetting, complicated, and stressful. How are you going to get your car fixed? Who is going to pay for your medical bills? What are your rights? Is the insurance company treating you fairly? To help with these issues (and more), you need an attorney who is compassionate, honest, and experienced with truck accidents. Attorney Stewart J. Guss will listen to you, will keep you informed, and will make this whole claim process as worry free as possible. Attorney Guss will take care of all the legal issues so that you can concentrate on what is most important: the health, welfare, and recovery of yourself and your loved ones injured in the accident.
- Stewart Guss is a man of respect, integrity and family values
- You will personally be represented by Stewart, he and his staff will always be there for you
- Stewart has over 20 years experience, and will work tirelessly to recover as much as possible on your truck accident claim
- And, you don’t pay us anything unless we win your case!
They Will Try to Deny Your Claim!
Dealing with a trucking insurance company can be a nightmare. Sometimes it seems like they think their job is to DENY your accident claim, NOT TO PAY! You need a strong yet approachable advocate on your side. Call us now for a free consultation, and decide for yourself if you think we can help. Remember, do NOT talk to the trucking or insurance company and do not sign anything until you speak with us, as you risk losing some or all of the compensation that you are due.
Stewart Guss and his team will do everything possible to obtain the best possible recovery on your claim, and we take pride in treating our clients like family. Pick up the phone and call 281-664-6500 to talk to us about your truck accident. Remember, your consultation is FREE, and you pay NOTHING unless we win your case!
Don´t Take Chances – Let Us Help You!
Accidents involving large trucks happen every day across the U.S. Many people may not realize just how common these collisions may be and may be surprised by the following statistics reported by the National Highway Traffic Safety Administration (NHTSA):
- About 111,000 individuals were injured in truck accidents in 2014.
- 3,903 individuals died from their truck accident injuries in 2014.
- That same year, police received reports of about 438,000 truck accidents.
- Nearly three-fourths of the people injured were riding in other passenger vehicles.
- 23 percent of injuries happened to drivers or passengers in the truck.
- 3 percent of injured victims were not in vehicles and were instead riding bicycles or walking.
- There were more than 10,905,000 commercial trucks registered in the U.S. in 2014.
- 81 percent of crashes involve multiple vehicles.
- The type of truck collision with the greater incidence of death is a head-on collision.
- Many truck drivers have past crashes, convictions for speeding, convictions for DUI, or license suspensions.
Safety Tips for Driving Near Large Trucks
While truck accident victims do have rights to recover financially after a crash, it is always safer and preferred to avoid collisions in the first place whenever possible. While you cannot control the actions of a truck driver or trucking company, you can make sure that you take all necessary precautions when you are approaching or passing a large commercial truck. The following are only some safety tips to remembers:
- Heavy trucks take longer to stop, so do not pull in front of a truck or suddenly brake when you are in front of a truck.
- Trucks have “no zones,” which are substantial blind spots on the sides, front, and back of the truck. Know where these are and avoid lingering in no zones when you can.
- If you see a semi-truck swerving or any other signs that a truck driver may be intoxicated, stay away from the truck and call law enforcement authorities.
- Never look down at a phone or engage in other distractions when you are near a big truck (actually, you should avoid distracted driving at ALL times).
There are many different regulations and laws both on the federal and state level with which all commercial truck drivers and trucking companies must comply. When these laws are violated, it can often result in serious collisions and injuries to motorists. Anyone who violates any safety laws and causes injuries should be held fully accountable for their actions both
Federal Motor Carrier Safety Regulations (FMCSRs)
The Federal Motor Carrier Safety Administration (FMCSA) enacts and enforces a wide variety of regulations that apply to all commercial vehicles operating on an interstate basis in the United States. This can include semi-trucks, hazardous materials (HAZMAT) trucks, tanker trucks, flatbeds trucks, buses, and more. The regulations set standards of behavior for many aspects of trucking, including the following:
- Licensing – Everyone who operates a commercial truck must have the proper commercial driver’s license and training for that particular type of vehicle.
- Health conditions – Drivers must be cleared by a medical professional, stating they do not have any potentially dangerous medical conditions that may interfere with their ability to operate a truck.
- Hours of service – In order to prevent fatigued driving, there are strict rules about how many consecutive hours and consecutive days a driver can work without taking breaks to rest and sleep.
- Intoxicated driving – Commercial drivers face stricter intoxicated driving laws than regular drivers, with a legal limit of 0.04 percent blood alcohol content (BAC) compared to 0.08 percent for everyone else. They also must be subject to random and post-accident drug and alcohol testing.
- Distracted driving – It is unlawful for commercial drivers to ever engage in text-based messaging or reading on a smartphone and they also have strict rules regarding largely hands-free communications.
- Inspections – There are requirements for when both the driver has to inspect a truck pre-shift and when a company must inspect and maintain the trucks in its fleet.
- Size and weight – There are weight limitations depending on the size and number of axles of a commercial truck, with the maximum weight being 80,000 pounds. Trucks must be regularly weighed to ensure compliance.
Texas State Traffic Laws
Along with the FMCSRs, truck drivers are expected to follow all of the state and local traffic laws when driving through Texas. These are the same laws as any other driver and they prevent speeding, following too closely, reckless driving, improper passing, violating traffic signals, and much more.
Texas State Criminal Laws
There are also criminal laws in Texas that can apply to driving a commercial truck. These can prohibit driving under the influence of alcohol or drugs, road rage, vehicular manslaughter, and other highly dangerous behaviors.
In addition to federal and local law enforcement agencies, the Texas Department of Public Safety also has a Commercial Vehicle Enforcement Service that is charged with the enforcement of nearly all laws that apply to commercial trucks driving through the state of Texas.
See what past clients have to say: