The Carabin Shaw Law Firm is one of the leading Personal Injury Legal Groups in Houston and major Cities in Texas. With over 34 years of legal expertise, our Firm sets standards for excellence in personal injury law, committed to securing maximum compensation for you and your family. We have secured over $1 billion for our accident victims.
Commercial shipping is an essential part of the Houston economy. With so many commercial vehicles on the road, there is an increased risk of injury from an 18-wheeler accident. If you have been injured as a result of a large truck crash, the Houston personal injury attorneys at Carabin Shaw can help you navigate the complex legal system and ensure that you receive the compensation you are owed.
Why 18-Wheelers and Large Trucks Are More DangerousCommercial trucks present unique hazards that passenger vehicles simply don't face. Understanding these factors helps explain why truck driver error cases accidents so frequently on Houston highways and why the consequences are often catastrophic.
Size and Weight DisparitiesMassive Weight Differential: A fully loaded 18-wheeler can weigh up to 80,000 pounds-roughly 20 to 30 times heavier than an average passenger car at 3,000-4,000 pounds. This extreme weight disparity means the laws of physics work devastatingly against smaller vehicles in any collision. The truck barely slows while the car absorbs almost all the impact force.
Increased Stopping Distance: An 80,000-pound truck traveling at 65 mph requires approximately 525 feet to come to a complete stop-nearly the length of two football fields. A passenger car traveling at the same speed requires approximately 316 feet. This difference of over 200 feet explains why so many truck accidents are rear-end collisions. When traffic suddenly slows, trucks simply cannot stop in time.
Higher Center of Gravity: Large trucks sit much higher off the ground than passenger vehicles, making them prone to rollovers during sharp turns, sudden lane changes, or when navigating curves too quickly. Rollover accidents frequently occur on highway exit ramps and during evasive maneuvers.
Limited ManeuverabilityWide Turning Radius: Semi-trucks require significantly more space to execute turns than passenger vehicles. Right turns are particularly dangerous because the trailer swings wide, potentially crushing vehicles, cyclists, or pedestrians caught alongside the truck. Many Houston intersection accidents involve trucks making turns.
Difficulty Changing Lanes: Safely changing lanes in an 18-wheeler requires considerably more time and space than in a car. Trucks cannot accelerate quickly to merge or decelerate rapidly if an error causes a lane change.
Length Creates Hazards: A typical tractor-trailer combination measures 70-75 feet in length. This length makes navigating congested Houston highways challenging and creates extended blind spots along the trailer's entire length.
Dangerous Blind Spots"No-Zone" Areas: Large trucks have massive blind spots-called "No-Zones"-where the driver cannot see other vehicles:
Truck drivers rely on mirrors alone to see what's beside and behind them. When vehicles linger in these blind spots, drivers are unaware they're there. Lane changes, merges, and turns become deadly when cars occupy No-Zones.
Driver FatigueHours-of-Service Pressures: Despite federal regulations limiting driving hours, truck driver fatigue remains a leading cause of accidents. The NTSB found that fatigue contributes to approximately 31% of fatal truck crashes. Drivers face intense pressure from dispatchers and trucking companies to meet delivery deadlines, which often encourages them to exceed safe limits or falsify logbooks.
Irregular Sleep Schedules: Long-haul truckers rarely maintain consistent sleep patterns. Driving at night, sleeping during the day, and constantly changing schedules disrupts circadian rhythms and leads to chronic sleep deprivation.
Monotonous Highway Driving: Hours of staring at unchanging highway scenery induce highway hypnosis-a trance-like state where drivers operate on autopilot without full awareness of their surroundings.
Sleep Disorders: The trucking industry has higher rates of sleep apnea than the general population. Undiagnosed or untreated sleep apnea leaves drivers perpetually exhausted regardless of hours slept.
Distracted Truck DriversElectronic Devices: Despite regulations prohibiting handheld cell phone use, many truck drivers text, check email, use GPS, and browse the internet while driving. At 65 mph, looking at a phone for just 5 seconds is equivalent to traveling the length of a football field blind. That is distracted driving.
Dispatching Systems: In-cab computers and electronic logging devices require driver attention and interaction while the truck is moving.
Eating and Drinking: Long hours on the road often mean drivers eat meals behind the wheel, taking their hands off the controls and their eyes off the road.
Paperwork and Manifests: Drivers sometimes review delivery paperwork, check routes, or handle administrative tasks while driving.
Impaired DrivingDrug Use: Despite mandatory drug testing requirements, some truck drivers use illegal substances or abuse prescription medications. Stimulants like amphetamines were historically common among drivers trying to stay awake for longer hauls. Opioid abuse has also impacted the trucking industry.
Alcohol Consumption: Federal regulations prohibit commercial drivers from operating with a blood alcohol concentration of 0.04% or higher-half the limit for regular motorists. Drivers cannot consume alcohol within four hours of going on duty. Nevertheless, violations occur.
Prescription Medications: Many over-the-counter and prescription drugs cause drowsiness, impaired judgment, or slowed reaction times. Drivers sometimes fail to recognize how medications affect their ability to operate an 80,000-pound vehicle safely.
Equipment and Vehicle Maintenance Failures Poor Maintenance is often the culpretBrake Failures: Truck braking systems are subject to significant stress and require regular inspection and maintenance. Worn brake pads, air brake malfunctions, and overheated brakes on mountain descents cause countless accidents. The FMCSA cites brake problems as a leading cause of truck crashes.
Tire Blowouts: Commercial truck tires operate under extreme pressure and heat. Underinflated tires, worn treads, manufacturing defects, and overloading cause blowouts that send drivers careening across lanes or leave debris scattered across highways.
Lighting and Reflector Failures: Burned-out headlights, taillights, and reflectors make trucks difficult to see at night. Other motorists may not realize a truck is ahead until it's too late to stop.
Steering System Failures: Worn steering components, power-steering malfunctions, and improper maintenance can cause drivers to lose control.
Coupling Failures: Defective or improperly secured connections between the tractor and trailer can cause separation while driving-a terrifying scenario that sends trailers careening independently across roadways.
Cargo-Related HazardsImproper Loading: Cargo that isn't properly secured can shift during transit, throwing off the big rig's balance and causing rollovers or jackknife accidents. Loose cargo can also fall onto roadways, creating hazards for following vehicles.
Overloading: Trucks loaded beyond legal weight limits strain braking systems, accelerate tire wear, and make vehicles harder to control. Overloaded trucks take even longer to stop and are more prone to mechanical failures.
Hazardous Materials: Trucks carrying flammable liquids, toxic chemicals, or explosives pose catastrophic risks in the event of an accident. Spills, fires, and explosions can injure people far beyond the immediate crash site.
Unbalanced Weight Distribution: Even when within weight limits, improperly distributed cargo raises the center of gravity and increases the risk of rollover.
Inadequate TrainingRushed Training Programs: The ongoing significant rig driver shortage has led some some in the commercial trucking industrie to expedite big rig driver training, resulting in programs that do not adequately prepare drivers for real-world conditions.
Inexperienced Drivers: Newly licensed CDL holders lack the experience to handle emergencies, adverse weather, and the unique challenges of navigating congested urban areas such as Houston.
Lack of Ongoing Training: Federal regulations require initial training but impose minimal continuing education requirements. Experienced drivers may develop bad habits without refresher training.
External FactorsWeather Conditions: Rain, fog, ice, and high winds affect large trucks more severely than passenger vehicles. Houston's frequent heavy rains create hydroplaning risks, and high winds can push tall trailers out of their lanes.
Road Conditions: Potholes, uneven pavement, construction zones, and debris impact trucks differently than cars. A pothole that merely jars a car can cause a loaded truck to lose control.
Traffic Congestion: Houston's perpetually congested highways force trucks into frequent stop-and-go situations that their braking systems weren't designed for, increasing the risk of rear-end collisions.
Aggressive Drivers: Other motorists who cut off trucks, tailgate, or make sudden lane changes fail to appreciate how long trucks need to stop and react.
Understanding Liability in Motor Vehicle AccidentsLiability in car accidents in Houston is determined on an at-fault basis, meaning an investigation will determine which driver caused the crash, and they will be held legally accountable. With the assistance of a reasonable attorney, you can conduct your own independent investigation to help assure the result you are looking for.
Vicarious Liability with Commercial VehiclesIn commercial vehicle accidents, third parties may be vicariously liable. This occurs when parent companies or maintenance contractors fail to uphold their duty of care regarding the vehicle that caused your accident. When companies are vicariously liable, a Houston truck accident lawyer can often seek additional compensation, which is essential when recovering from truck accident injuries.
Compensation Available for Houston Truck Accident VictimsTexas law entitles truck accident victims to recover damages when another party's negligence caused their injuries. Our Houston, Texas, truck accident attorney will evaluate every aspect of your case to ensure no recoverable losses go unaddressed. Truck accident compensation typically falls into three distinct categories, each serving a specific purpose in making victims whole after a devastating 18-wheeler collision.
Economic DamagesEconomic damages represent the tangible financial losses you can calculate and document with receipts, bills, and records. These damages form the foundation of most Houston truck accident claims because they carry clear dollar amounts that juries and insurance adjusters can verify.
Medical Expenses often constitute the most significant portion of economic damages in truck accident injury claims. The sheer size and weight of commercial trucks-often 80,000 pounds fully loaded-means victims frequently suffer catastrophic injuries requiring extensive treatment. Recoverable medical costs extend far beyond your initial emergency room visit. Texas truck accident victims can seek compensation for ambulance transportation, emergency surgery, hospital stays, prescription medications, physical therapy, rehabilitation services, medical equipment (wheelchairs, prosthetics, home modifications), and future medical care you will need throughout your lifetime. Our qualified Houston 18-wheeler accident attorney will work with medical experts to project your long-term care needs accurately. Especially for very serious traumatic brain injuries (TBI)
Lost Wages and Income account for the paychecks you missed while recovering from your truck accident injuries. If your injuries prevent you from returning to work for weeks or months, you deserve compensation for every dollar you would have earned. More significantly, many truck accident victims suffer permanent disabilities that diminish or destroy their earning capacity entirely. A 35-year-old electrician who loses the use of his hands in a semi-truck collision faces decades of lost income. Your truck accident lawyer will calculate not just your current lost wages but your diminished future earning potential based on your age, occupation, education, and career trajectory.
Property Damage covers the repair or replacement of your vehicle and any personal belongings destroyed in the collision. When an 18-wheeler strikes a passenger car, the passenger car is often totaled.
Out-of-Pocket Expenses capture the countless smaller costs that accumulate after a serious truck accident: transportation to medical appointments, hired help for household tasks you can no longer perform, childcare expenses while you recover, and other costs directly resulting from your injuries.
Non-Economic DamagesNon-economic damages compensate you for losses that carry no price tag yet profoundly affect your quality of life. These damages acknowledge that truck accident injuries inflict harm far beyond what medical bills and pay stubs can measure.
Physical Pain and Suffering recognizes the agony you endured and continue to endure because of your injuries. Broken bones, burns, spinal damage, and traumatic brain injuries cause excruciating pain that no amount of medication fully eliminates. Texas law allows truck accident victims to recover compensation for both the pain they have already experienced and the pain they will reasonably suffer in the future.
Mental Anguish and Emotional Distress addresses the psychological toll of a traumatic truck accident. Survivors commonly experience anxiety, depression, post-traumatic stress disorder (PTSD), nightmares, and fear of driving or riding in vehicles. These conditions can prove just as debilitating as physical injuries, affecting your relationships, your work, and your ability to enjoy daily activities.
Loss of Enjoyment of Life compensates victims who can no longer participate in hobbies, recreational activities, or experiences that previously brought them happiness. The weekend golfer who suffers a permanent back injury, the grandmother who can no longer pick up her grandchildren, the avid hiker now confined to a wheelchair-each has lost something precious that dollars cannot fully restore but should nonetheless be acknowledged.
Physical Impairment and Disfigurement provides compensation when truck accident injuries leave you with permanent physical limitations or visible scarring. Amputations, severe burns, and facial injuries change how you interact with the world and how others perceive you.
Loss of Consortium allows your spouse to recover damages for the negative impact your injuries have had on your marital relationship. This encompasses loss of companionship, affection, intimacy, and the support you previously provided to your partner.
Punitive DamagesPunitive damages serve an entirely different purpose than economic and non-economic damages. Rather than compensating victims for their losses, punitive damages punish defendants whose conduct was especially egregious and deter similar behavior in the future.
Texas courts award punitive damages only in cases involving fraud, malice, or gross negligence. In the trucking context, punitive damages may apply when a trucking company knowingly allows a driver with a suspended CDL to operate an 18-wheeler, when a truck driver tests positive for methamphetamines after causing a fatal collision, or when a carrier systematically falsifies maintenance records to keep unsafe trucks on the road.
The standard for recovering punitive damages is significantly higher than for compensatory damages. Your Houston truck accident attorney must prove by clear and convincing evidence-not merely a preponderance-that the defendant acted with the requisite level of culpability.
Texas law caps punitive damages at the greater of $200,000 or two times the amount of economic damages plus an amount equal to non-economic damages (capped at $750,000). However, these caps do not apply in cases involving certain felonies.
Wrongful Death DamagesWhen a truck accident claims a life, Texas law permits surviving family members to pursue a wrongful death claim. Spouses, children, and parents of the deceased can seek compensation for:
Additionally, the estate of the deceased may file a survival action in a wrongful death claim to recover damages the victim could have claimed had they survived, such as medical expenses incurred before death and the pain and suffering experienced between the accident and death.
The Role of Insurance Companies in Houston Truck Accident ClaimsInsurance companies are not on your side after a truck accident. This reality surprises many Houston truck accident victims who assume the at-fault trucker's insurer will treat them fairly. Understanding how trucking insurance works-and how insurers operate to minimize payouts-is essential to protecting your right to full compensation.
Commercial Trucking Insurance RequirementsFederal law requires commercial trucks engaged in interstate commerce to carry significantly higher insurance coverage than passenger vehicles. The Federal Motor Carrier Safety Administration (FMCSA) mandates minimum liability coverage based on the type of cargo transported:
General Freight Carriers: Trucks hauling non-hazardous goods must carry a minimum of $750,000 in liability coverage.
Hazardous Materials Carriers: Trucks transporting oil, hazardous waste, or other $1 million and $5 million, depending on the specific cargo.
Passenger Carriers: Buses and other vehicles transporting passengers have separate requirements ranging from $1.5 million to $5 million.
These minimums represent floor amounts, not ceilings. Many trucking companies carry policies worth $2 million, $5 million, or more to protect against catastrophic claims. Large carriers with significant assets often maintain excess or "umbrella" policies that provide additional coverage layers beyond their primary insurance.
The presence of substantial insurance coverage is both good news and bad news for Houston truck accident victims. While more money exists to compensate for your injuries, insurers fight proportionally harder to protect those larger policy limits.
Source: FMCSA Insurance Filing Requirements:
Multiple Insurance Policies May ApplyUnlike car accidents, where one or two insurance policies typically apply, big rig accident claims often involve multiple insurers and coverage layers:
Trucking Company Liability Policy: The motor carrier's primary insurance covers accidents caused by company drivers and equipment.
Excess/Umbrella Coverage: Additional policies kick in when damages exceed primary policy limits-standard in catastrophic injury and wrongful death cases.
Trailer Insurance: The trailer and the truck (tractor) are frequently owned by different companies and insured separately. If a trailer defect contributed to your accident, that policy may provide additional compensation.
Cargo Insurance: When improperly loaded or unsecured cargo causes an accident, the cargo insurer may bear responsibility.
Broker or Shipper Insurance: Third parties who arranged the shipment or loaded the cargo may carry their own liability coverage.
Driver's Personal Policy: In some cases, particularly with owner-operators, a driver's personal commercial policy may apply.
Identifying all applicable insurance policies requires a thorough investigation. Trucking companies and their insurers will not volunteer information about excess coverage or additional coverage that might compensate for your injuries. An experienced Houston truck accident attorney knows where to look and what questions to ask during discovery.
How Insurance Companies Respond to Truck AccidentsWithin hours of a serious truck accident, the trucking company's insurance carrier springs into action-not to help you, but to protect their insured and limit their financial exposure.
Rapid Response Teams: Major trucking insurers deploy investigators to accident scenes immediately, often before victims have left the hospital. These teams photograph evidence, interview witnesses, and gather information that might help the insurer deny or minimize claims. They work to build the trucking company's defense before you even hire an attorney.
Recorded Statements: Insurance adjusters contact victims promptly, express concern, and offer to "help" by taking a recorded statement. These statements serve one purpose: to lock you into testimony that the insurer can use against you later. Adjusters ask carefully crafted questions designed to elicit admissions that you were partially at fault, that your injuries aren't serious, or that you had pre-existing conditions.
Early Settlement Offers: Insurers frequently offer quick settlements to victims who don't yet understand the full extent of their injuries. A $50,000 offer might seem generous when you're facing mounting medical bills, but it represents a fraction of what a case involving permanent injuries is actually worth. Once you accept a settlement and sign a release, you cannot seek additional compensation-even if your injuries prove far more serious than initially believed.
Medical Record Requests: Adjusters ask victims to sign broad medical authorizations allowing access to their complete medical history. Insurers then comb through years of records searching for pre-existing conditions they can blame for your current symptoms. A prior back complaint from five years ago becomes their explanation for your herniated discs, not the 80,000-pound truck that rear-ended you.
Surveillance: Insurance companies routinely hire private investigators to conduct surveillance on claimants. Investigators follow you, photograph you, and record video of your daily activities, hoping to capture footage they can use to dispute your injury claims. A video of you carrying groceries becomes "evidence" that your back injury isn't as severe as you claim.
Insurance Company Tactics to Reduce Your ClaimTrucking insurers employ sophisticated strategies to minimize payouts on valid claims:
Disputing Liability: Even when their driver clearly caused the accident, insurers look for ways to shift blame to you. Texas follows a modified comparative negligence rule, meaning your compensation is reduced by your percentage of fault-and eliminated entirely if you're found more than 50% responsible. Insurers know that convincing a jury you bear even partial blame dramatically reduces their exposure.
Questioning Causation: Insurers hire medical experts to review your records and testify that your injuries existed before the accident or resulted from something other than the truck collision. These "independent" medical examiners rarely examine patients in person and almost invariably reach conclusions favorable to the insurance company paying their fees.
Delaying Claims: Time works in the insurer's favor. The longer your claim drags on, the more financial pressure builds on you to accept a low settlement. Mounting medical bills, lost income, and everyday expenses push many victims to settle for less than their cases deserve simply because they cannot afford to wait.
Lowball Offers: Insurance adjusters estimate the minimum amount you'll accept and offer slightly more. Their initial offers typically represent 10-25% of a claim's actual value. Adjusters rely on unrepresented victims not knowing the value of their cases.
Denying Valid Claims: Some insurers deny claims outright, betting that victims without attorneys will give up rather than fight. They cite technicalities, dispute coverage, or claim insufficient evidence-anything to avoid paying what they owe.
Why You Need an Attorney Before Speaking With InsurersThe trucking company's insurance adjuster is a trained professional whose job performance is measured by how little the company pays on claims. You should never speak with an insurance adjuster, provide a recorded statement, or sign any documents without first consulting a Houston truck accident lawyer.
Our attorney know trucking laws and will level the playing field by:
Handling All Communication: Your lawyer becomes the point of contact for all insurance matters, preventing adjusters from obtaining damaging statements or pressuring you into premature settlements.
Investigating Thoroughly: While the insurer investigates to build defenses, your attorney investigates to make your case-preserving evidence, identifying all liable parties, and documenting the full extent of your damages.
Calculating True Value: Experienced truck accident attorneys know what cases are worth based on the severity of injuries, available insurance coverage, and jury verdicts in similar cases. They don't let insurers dictate value.
Negotiating from Strength: Insurance companies treat represented claimants differently from unrepresented victims. Adjusters know that attorneys who handle truck accident cases understand policy limits, coverage issues, and trial strategies. The threat of a well-prepared lawsuit motivates more reasonable settlement offers.
Taking Cases to Trial: Most importantly, trucking insurers know which attorneys actually try cases and which settle everything. When your lawyer has a track record of courtroom success, insurers cannot rely on delay and lowball tactics to wear you down.
Dealing With Your Own Insurance CompanyYour own insurance coverage may also play a role in your truck accident claim:
Uninsured/Underinsured Motorist Coverage (UM/UIM): If the at-fault truck carries insufficient insurance to cover your damages-uncommon with commercial trucks but possible with smaller operators-your own UM/UIM coverage may provide additional compensation.
Personal Injury Protection (PIP): Texas does not require PIP coverage, but if you carry it, PIP pays medical expenses and lost wages regardless of fault, up to policy limits.
Collision Coverage: Your collision coverage pays to repair or replace your vehicle after a truck accident, minus your deductible. You can later seek reimbursement from the at-fault trucker's insurer.
Medical Payments Coverage (MedPay): Like PIP, MedPay covers medical expenses regardless of fault and can bridge the gap while your injury claim proceeds.
Even when dealing with your own insurer, remember that insurance companies exist to collect premiums and minimize payouts. Your interests and your insurer's interests are not always aligned.
What Happens When Insurance Isn't EnoughIn catastrophic truck accident cases involving permanent disability, traumatic brain injury, or wrongful death, even substantial policy limits may fall short of compensating all damages. When insurance coverage proves insufficient, your attorney will investigate whether:
Trucking companies sometimes attempt to shield assets by structuring their operations through multiple corporate entities. An experienced truck accident lawyer knows how to investigate corporate structures and pierce attempts to hide available resources.
The Role of Our Houston Truck Accident Lawyers
Truck accident cases involve greater complexity than standard car accident claims. Federal regulations, multiple liable parties, corporate legal teams, and massive insurance policies create a legal landscape that overwhelms victims trying to navigate it alone-the Houston truck accident lawyers at Carabin Shaw level the playing field.
Our attorneys handle every aspect of your case so you can focus on recovery. We conduct thorough independent investigations-securing black box data, obtaining driver logs, preserving electronic evidence, and working with accident reconstruction experts to establish exactly what happened. We identify every potentially liable party, from the driver to the trucking company to the cargo loader to the vehicle manufacturer.
When insurance companies deploy their rapid response teams and adjusters, our Houston truck accident attorneys are already prepared. We handle all communication with insurers, counter their tactics, and negotiate aggressively to secure full compensation for your injuries. If the insurance company refuses a fair settlement, we take your case to court and fight for you before a jury.
Throughout the process, you have direct access to your legal team. We answer your questions, explain your options, and guide you through each stage of the claim. You never face the trucking company or their insurers alone.
Seek Justice Following Your 18 Wheeler Accident | Call Carabin Shaw Today!The Houston attorneys at Carabin Shaw have the experience you need when seeking justice following your 18-wheeler accident. Rest assured that you are in good hands when you read our Carabin Shaw reviews. Call us toll-free today at 800-862-1260, where our English and Spanish-speaking team is available 24/7.
Please remember that the Texas statute of limitations for personal injury claims is 2 years from the date of the accident!
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