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Get Money For Your 18-Wheeler Accident in Houston

Get Money For Your 18-Wheeler Accident in Houston

When you work with an experienced attorney you can get money for your 18-wheeler accident in Houston. If you have been injured due to the negligent or reckless actions of a driver, contact our law office immediately. We work with you to take on big companies and predatory insurance adjusters to ensure you are getting the maximum compensation in your case.

Who Is Legally Responsible for a Trucking Accident?

Accidents involving commercial trucks are much more complicated than a typical car accident claim. In a typical two-car accident case, you might be able to sue the at-fault driver and file a claim with an insurance company.

In a commercial truck accident, you’ll probably be able to file claims against more people and companies, including the:

  • truck driver
  • truck driver’s employer
  • owner of the truck
  • cargo owner and loader, and
  • truck maintenance company.

Not all commercial truck accidents involve all of these entities. For example, some truck drivers are independent contractors who own their own big rigs. (See below for more on employers and independent contractors.)

Truck Driver Liability

Commercial truck accidents happen for all kinds of reasons. Some accidents are caused by equipment failures, some are caused by faulty road designs or weather conditions, and some accidents are caused by driver errors. For example, a truck driver might speed to get to the next truck stop, make an unsafe lane change, or rear-end a car stopped in traffic. Drivers who are tired or under the influence of drugs or alcohol are more likely to make mistakes and cause accidents.

If the trucker who hit you was negligent (careless), you can bring an injury-related insurance claim or lawsuit against the driver after the accident. You’ll also want to look into other potentially liable parties, like the truck driver’s employer.

Is the Truck Driver’s Employer Liable?

A truck driver’s employer can be responsible for an accident caused by a truck driver under a legal theory called respondeat superior, meaning “let the master answer.” Under this theory, an employer can be liable for an employee’s actions if the employee was working at the time of the accident for the employer’s benefit. But trucking companies often try to avoid liability by arguing that the driver is an independent contractor and not an employee or that the driver wasn’t working at the time of the accident.

Let’s take a closer look at these arguments

Is the Driver an Employee or Independent Contractor?

Laws vary from state to state, but in order to show that a driver is an employee of the trucking company and not an owner-operator of a rig, you’ll need to focus on how much control the company has over the trucker’s schedule and ability to enter into contracts with other trucking companies. You’ll also want to look at how the trucking company pays the driver and who’s responsible for paying for the truck’s registration, permit, and insurance.

Courts and insurance companies will ask these questions and more to decide how much liability to assign to the driver and the trucking company.

For example, if a truck driver uses his own truck, buys his own gas, pays for his own liability insurance coverage, assumes the cost of repairs, gets paid on a “per route” basis, and receives no benefits from the trucking company, the driver is probably an independent contractor. But if the trucking company leases the truck from the driver, obtains the necessary permits, and controls the driver’s routes, the company will probably be responsible for accidents involving the truck.

When Are Drivers Acting Within the Scope of Employment?

For a trucking company to be liable, the truck driver has to be an employee who was working at the time of an accident for the employer’s benefit (or “acting within the scope of employment”). Courts tend to look at:

  • the intent of the employee at the time of the accident
  • the nature, time, and place of the employee’s conduct
  • the type of work the employee was hired to do
  • incidental acts the employer should reasonably expect an employee to do, and
  • the amount of freedom an employee typically has in performing duties.

For example, if a truck driver rear-ends you while making a delivery, the driver’s employer will probably be liable for your accident-related losses because the truck driver was acting “within the scope of employment” at the time of the accident. But let’s say a truck driver leaves work early to go to a basketball game and hits you outside of the stadium. Here, the driver’s employer will argue that the company isn’t liable for the driver’s negligence because the driver wasn’t acting “within the scope of employment” at the time of the accident.

How Do Multiple Defendants Affect a Truck Accident Lawsuit?

When you (the “plaintiff”) file a personal injury lawsuit against more than one person or entity (the “defendants”), the defendants might be equally responsible for your losses (damages), or they might only be responsible for the portion of your damages they caused.

For example, a tired driver might share partial responsibility for an accident, along with the manufacturer of faulty tires. You can sue the driver (or the driver’s employer), as well as the tire manufacturer. The defendants will have to sort out their share of fault to reach a settlement or let the jury decide at trial.

What If the Driver’s Acts Were Intentional?

Generally, employers aren’t liable for intentional torts (like assaults) committed by employees. Employees are typically not acting “within the scope of employment” when they punch customers in the face, for example, or steal credit card information.

So, if a truck driver slams into you because you are sleeping with the truck driver’s spouse, the trucking company probably isn’t liable for the truck driver’s actions.

State and Federal Trucking Regulations

Truck drivers, owners, and manufacturers must comply with state and federal regulations. Regulators control how much weight a rig can haul, how long a driver can go without rest, and many other aspects of the trucking industry.

When a commercial truck is involved in an accident, there is a good chance that a state, federal, or local law was violated. Proving a violation of law greatly increases an injured person’s chances of winning an insurance settlement or in court.

State and federal regulations typically require truck drivers and owners to have more insurance than non-commercial drivers. Defendants who have higher insurance policy limits have deeper pockets are more likely to be able to compensate you for the full value of your claim.

Spanish Speaking Car Accident Lawyer in Houston, Texas

Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.

Get Money for Your 18-Wheeler Accident in Houston With a Personal Injury Lawyer

If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!

Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
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In the aftermath of an accident that leaves you or a loved one injured, it is crucial to know where to turn for support and justice. The Caruthers Law Firm stands as a beacon of unwavering commitment to the cause of pursuing justice for injury victims. With a track record that speaks volumes about our dedication to excellence and passion for our clients, we have garnered recognition throughout the Houston area as a trusted name in the legal community. When you or a family member suffers an injury due to the negligence of another, the need for an attorney who is not just competent but also recognized for their excellence becomes paramount. The Houston personal injury attorney at The Caruthers Law Firm fits that bill precisely. We have earned accolades and trust from our clients because we don not just handle cases; we champion causes. Our cases frequently involve traumatic, life-altering events, such as the loss of a loved one, and our relentless pursuit of justice ensures our clients receive the compensation necessary to secure their financial future. Our dedicated efforts have successfully secured over $50 million in settlements for our clients, and our commitment to excellence has brought us national recognition, particularly in fields like birth injury law. Whether your life has been upended by a tragic accident or the negligence of another party, you can confide in Caruthers Law Firm to handle your case with the utmost skill, dedication, and compassion in your time of need. Every case we undertake is treated with the gravity and importance it deserves, and we strive to provide the best possible representation to our clients. At Caruthers Law Firm, our attorneys boast an impressive array of knowledge and expertise in various practice areas, including personal injury, criminal defense, wrongful death, and more. We fully acknowledge that each case is unique, and we value the individual concerns and needs of our clients. This understanding leads us to craft tailored legal strategies that address each case is distinctive challenges. When you choose Caruthers Law Firm as your legal representation, you can expect a high degree of professionalism, unwavering integrity, and an unparalleled commitment from the beginning of your case to its conclusion. We are not just lawyers; we are advocates for your rights, dedicated to securing the justice you deserve.

For over three decades, Beverly R. Caruthers has been on an unwavering mission to provide her clients with top-notch, tenacious, and compassionate legal services and representation. Attorney Beverly R. Caruthers has not only amassed extensive experience but has also consistently delivered high-quality legal assistance to those who have sought her counsel. Her journey to legal expertise began with academic distinction, having graduated Cum Laude with a Bachelor of Arts from Tougaloo College, followed by the acquisition of her Juris Doctor from Thurgood Marshall School of Law at Texas Southern University. With a primary focus on Personal Injury, Criminal Law, and Business Law, Attorney Beverly R. Caruthers has honed her legal acumen in these pivotal areas. Complementing her knowledge and skills, The Law Office of Beverly R. Caruthers is fortified by a collaborative team of seasoned and highly qualified attorneys. Together, they work tirelessly to achieve the best possible outcomes for each and every client they serve. In the Caruthers family, the pursuit of legal excellence seems to be a cherished tradition. Briona Caruthers, following in the footsteps of her older brother and colleague, hails from Missouri City, Texas, where she graduated from Elkins High School in 2015. Venturing outside her hometown, she spent four years at Hofstra University in New York, where she diligently earned her Bachelor Degree in Legal Studies in Business in 2019. After her academic journey in New York, she returned to her roots in Houston, Texas. There, she attended the same illustrious institution where her mother, Beverly R. Caruthers, and her brothers, Eddie and Parker Caruthers, had studied—the Thurgood Marshall School of Law at Texas Southern University. In 2022, Briona graduated Cum Laude from TSU, thereby continuing the family legacy. Beyond her legal pursuits, Briona finds solace in retail therapy and enjoys exploring the world through her travels when she is not in the office, fervently advocating for her clients rights. Parker Caruthers, another member of the Caruthers family, was born and raised in Missouri City, Texas, where he completed his high school education at Clements High School in 2012. His educational journey took him to Texas Southern University in Houston, Texas, where he earned a Bachelor’s Degree in Marketing in 2017. Parker commitment to legal studies led him to the Thurgood Marshall School of Law at TSU, from where he graduated in 2021. During his time in law school, Parker legal prowess shone through as he secured victory in the Helen Dawn Williams Mock Trial competition, all while gaining valuable experience through internships at the Harris County District Attorney’s Office. Opting to take a different path by not pursuing prosecution, Parker joined Caruthers Law Firm in 2021. Beyond the legal realm, Parker passions extend to sports fandom and his role as a proud dog owner. At the Caruthers Law Firm, we take a refreshingly transparent and candid approach when assessing our potential clients circumstances. We believe in clear, honest, and direct communication, leaving aside the legal jargon to speak in terms that our clients can readily understand. Each client is treated as a unique individual, receiving personalized and attentive care throughout their legal journey with us.

We are immensely grateful to each and every individual who wholeheartedly contributed to the success of "The Christmas Toy Drive and Giveaway" and "The Back to School Giveaway" right here in the vibrant city of Houston. Your support has made a profound difference in the lives of countless local children, and it is a testament to the incredible community spirit that defines our city. At The Caruthers Law Firm, we take great pride in being active sponsors of these important initiatives, which focus on providing crucial resources to Houstons youth. Some of the recipients come from families struggling with limited income, making it challenging for them to provide the necessary school supplies for their children. For others, the prospect of a joyous Christmas was a distant dream due to a lack of toys. In these circumstances, we aimed to make a meaningful and positive impact on these children and their families. It is through the unwavering support and dedication of our local community that we were able to realize this vision. We encourage you to consider joining us in this noble cause and be a part of the change in the lives of Houston families. Your involvement can take various forms, whether through donating items, contributing funds, or taking the initiative to organize a collection drive within your organization, church, club, or local community. Your support will undoubtedly go a long way in touching the lives of those in need, ensuring that every child in our city can look forward to a brighter future. By working together, we not only provide essential items but also instill a sense of hope, compassion, and generosity within our beloved Houston community. Together, we can create a stronger, more caring, and inclusive community, one that continues to uplift and empower those who need it most. Thank you for being a part of this vital mission.

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