Sugar Land, TX Truck Accident Lawyer

Commercial trucks play a vital role in the economy, transporting goods across the state of Texas and beyond. These vehicles are heavy, weighing up to 80,000 pounds fully loaded. Their sheer size and weight make them significantly more dangerous in accidents compared to smaller passenger vehicles.

When a truck collides with a car, the consequences can be catastrophic. The sheer force of impact from a truck collision can result in devastating damage, leaving victims and their families grappling with the physical, emotional and mental, and financial aftermath. At the Law Office of Shane McClelland, PLLC, we walk arm in arm with truck accident victims in Sugar Land and across Texas, advocating for their rights and recovering the compensation they deserve.

Were You Injured in a Truck Accident in Sugar Land, Texas?

In accidents involving commercial trucks, occupants of smaller vehicles are at a much higher risk of suffering severe injuries. Due to the sheer force of impact and the size disparity between commercial trucks and passenger vehicles, there are often catastrophic physical repercussions, such as:

• Traumatic brain injuries (TBIs): These injuries can range from concussions to severe traumatic brain damage, leading to cognitive impairments, memory loss, and other neurological deficits.
• Spinal cord injuries: Damage to the spinal cord can result in partial or complete paralysis, affecting motor function and sensation below the site of injury. Spinal cord injuries often have severe and lifelong consequences.
• Back and neck injuries: Whiplash, herniated discs, and other back and neck injuries are common in truck accidents. These injuries can cause chronic pain, limited mobility, and may require extensive medical treatment, including physical therapy and surgery.
• Broken bones and fractures: The impact of a truck collision may cause bones to fracture or break, leading to significant pain, swelling, and loss of function. 
• Internal injuries: Blunt force trauma from truck accidents can cause internal injuries to organs such as the liver, spleen, kidneys, and lungs. Internal bleeding, organ damage, and other complications can pose life-threatening risks if left untreated.
• Soft tissue injuries: Sprains, strains, bruises, and other soft tissue injuries are common in truck accidents. While these injuries may not be immediately visible, they can cause significant pain, swelling, and mobility limitations.
• Fatal injuries: Tragically, some truck accidents result in fatalities. In the event of a loss of life, the surviving family members may pursue a wrongful death lawsuit to seek compensation for their damages.

The trauma of a truck accident can also manifest as mental or emotional injuries. Psychological effects of truck accidents may include:

• Post-traumatic stress disorder (PTSD)
• Anxiety
• Depression
• Other mental health conditions

Although they are not physical, these injuries have the ability to impact daily functioning and may require therapy or counseling for recovery.

Each truck accident case is unique, and victims typically suffer a combination of injuries with varying degrees of severity. Seeking prompt medical attention and legal representation is essential for proper diagnosis, treatment, and advocacy for the full extent of damages suffered.

Seeking Compensation After Your Truck Accident

Truck accidents can result in long-lasting injuries, expensive hospital bills, and pricey property damage. Attorney Shane McClelland has almost 20 years of experience advocating for truck accident victims across Texas. When you partner with Mr. McClelland, he can help you recover both economic and non-economic damages, which help cover the following costs:

• Past, present, and future medical bills
• Emergency trips to the hospital
• Pain and suffering
• Mental and emotional anguish
• Scarring or disfigurement
• Lost wages in the past and future
• Property damage
• Physical therapy 
• Rehabilitation
• Cost of prescription medications
• Loss of enjoyment of life

If your truck accident is a direct result of a truck driver’s gross negligence or reckless behavior (a total disregard for the safety of others), Mr. McClelland may also pursue a monetary award for punitive damages on your behalf.

How Is Liability Established After a Truck Accident in Texas? 

When it comes to establishing liability against a negligent truck driver, your Sugar Land, TX truck accident lawyer will prove the four elements of negligence. This includes demonstrating the at-fault party: 

• Owed you standard of care 
• Breached that care 
• That breach resulted in an accident
• The accident caused your injuries and property damage

In the case of a truck accident, usually the most commonly liable parties are the truck driver and truck and trailer owners. Examples of negligence that would breach their duty of care include speeding, lying about their amount of hours driven, driving while tired, or distracted (like being on a mobile phone while driving). This recklessness can put other drivers at serious risk of harm. 

When your Sugar Land, TX truck accident lawyer has identified the liable party, you are able to hold them accountable for their actions and file a lawsuit with their insurance. If the liable party is the truck driver, the legal doctrine known as respondeat superior holds the employer liable for their employee’s actions. Most trucking companies will carry insurance specifically for situations like this. In fact, there are laws that require trucking companies to carry significant insurance policies.

Texas follows a modified comparative negligence law, which means you can be found partially liable for the accident and still file a lawsuit to recover damages. As long as you are not found to be more than 50% responsible for the accident, you can hold the primary party accountable for their actions and receive financial compensation. 

Who Can Be Held Responsible for a Truck Accident in Sugar Land, Texas?

Identifying the potentially liable parties is essential for pursuing compensation for your injuries and damages after a truck accident. At the Law Office of Shane McClelland, PLLC, we conduct a thorough, independent investigation into your truck accident to confirm we hold all responsible parties accountable for your damages. Potentially liable parties may include the following:

• Truck driver: The truck driver may be held liable for the accident if their negligent actions contributed to the crash.
• Trucking company: The trucking company that employs the driver can also be held liable for the accident. This may include cases where the company failed to properly train or supervise the driver or encouraged unsafe practices to meet delivery deadlines.
• Vehicle manufacturer: If the accident was caused by a defect in the truck or its components, such as faulty brakes or defective tires, the manufacturer of the vehicle or parts may be held liable.
• Cargo loaders: Those responsible for loading the cargo onto the truck may also be liable if improper loading led to the accident. Overloaded or improperly secured cargo can shift during transit, causing the truck to become unstable.
• Third-party contractors: In some cases, third-party contractors hired by the trucking company, such as maintenance or repair technicians, may be liable if their negligent actions or omissions contributed to the accident.
• Government entities: If the accident was caused by hazardous road conditions or inadequate signage, the government agency responsible for maintaining the roadway may be held liable for failing to address these issues.

Determining liability in a truck accident case requires extensive knowledge of trucking industry laws and a thorough analysis of the wreck. Attorney Shane McClelland is committed to conducting a comprehensive review of your case to identify all potentially liable parties and pursue maximum compensation on your behalf.

Trucking Industry Laws That May Affect Your Lawsuit in Sugar Land, Texas

In personal injury cases involving truck accidents, proving negligence often hinges on whether the truck driver, employer, or another entity violated federal or state trucking regulations. Here are some key regulations that may impact your lawsuit:

Size and Weight Limitations

Truck accidents involving oversized vehicles often result in catastrophic injuries and extensive property damage. Federal and state regulations dictate the maximum weight, width, height, and length allowed for commercial trucks. Violations of these regulations increase the risk of accidents and may be indicative of negligence.

Hours of Service Regulations

Fatigue is a leading cause of truck accidents, often resulting from violations of federal hours of service rules. These regulations limit the number of consecutive hours a driver can operate a commercial vehicle without rest. Violations, such as driving beyond the maximum allowable hours, can compromise driver alertness and contribute to accidents.

Drug and Alcohol Testing Requirements

Federal and state regulations mandate drug and alcohol testing for commercial drivers. Failure to comply with these requirements, such as operating a commercial vehicle under the influence of drugs or alcohol, can result in catastrophic outcomes and potentially constitute negligence on the part of the truck driver or employer.

Inspections

Proper vehicle inspections are essential for identifying and addressing potential safety hazards. Federal regulations require commercial vehicles to undergo regular inspections by certified inspectors. Neglecting to perform comprehensive inspections or rectify identified defects can increase the likelihood of accidents and may constitute negligence.

Even with all of these precautions, accidents still happen regularly. If you have been hit by a negligent truck driver, your best and first course of action after receiving medical care should be partnering with a truck accident lawyer as soon as possible. The team at the Law Office of Shane McClelland, PLLC, has extensive experience in putting their clients’ needs first and relentlessly pursuing the compensation they deserve after their lives have been upended by the recklessness of another.

HOW A SUGAR LAND TRUCK ACCIDENT LAWYER CAN HELP WITH YOUR CASE

Navigating a truck accident lawsuit often requires navigating complex legal matters and insurance negotiations. At the Law Office of Shane McClelland, PLLC, we understand the challenges you may face in the wake of such a traumatic event. Attorney Shane McClelland can assist you by:

Thoroughly Investigating Your Wreck

Attorney Shane McClelland conducts a thorough investigation into the circumstances surrounding your truck accident to gather crucial evidence and determine liability. This may involve reviewing accident reports, obtaining witness statements, analyzing trucking company records, and consulting with accident reconstruction experts.

Keeping Your Lawsuit on Track

While you concentrate on recovering from your injuries, Attorney McClelland can help ensure that your case is progressing smoothly. This includes confirming that your truck accident lawsuit is filed within Texas’s statute of limitations for personal injury lawsuits, which is currently two years.

Leading Communications

Mr. McClelland will handle all scheduling and communications with the insurance company, including negotiations regarding a potential settlement. It is important to remember that the insurance companies are not on your side and will do everything in their power to offer as little financial aid as possible.

Insurance companies often attempt to close up cases as quickly as possible by offering a small settlement right after the accident has occurred. While this may seem tempting, it is unlikely to truly cover the cost of your actual losses. If an adequate offer is not offered, our team is ready to file suit against the truck driver, their employer, and any other responsible party and take your case to trial.

Providing Personalized Attention and Support

Throughout the legal process, Attorney McClelland provides personalized attention and support to confirm your needs are met and your questions are answered. He takes the time to understand your unique circumstances and concerns, offering compassionate guidance every step of the way.

Schedule Your Free Consultation With Our Team Today

Don’t try to do this alone. With nearly two decades of experience as a personal injury attorney, Shane McClelland at the Law Office of Shane McClelland, PLLC is your trusted advocate in Sugar Land for truck accident cases. We recognize the immense challenges that truck accidents bring, and we’re here to shoulder the legal burden for you, allowing you to concentrate on your recovery.

To discover how we can best assist you today and to receive a complimentary case evaluation that paves the way for your path to resolution and healing, please don’t hesitate to schedule a free consultation by calling us at (713) 987-7107 or using our contact form.