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18-Wheeler Truck Accident Lawyer

18-Wheeler Truck Accident Lawyer

Why You Should Hire an 18-Wheeler Truck Accident Lawyer

Make no mistake: a car accident and an 18-wheeler truck accident are very different. 18-wheeler accidents are often catastrophic, resulting in serious injuries and even death.

If you’ve been injured in an 18-wheeler accident, you need to speak with a personal injury lawyer as soon as possible. A lawyer can help you understand your legal rights and options and they can fight for the compensation you deserve.

A car accident between two passenger vehicles might result in minor injuries and property damage that can be handled without litigation. But the words “truck wreck” and “fender bender” rarely go together. When you get in a truck accident involving a vehicle that weighs 80,000 pounds or more, the damages are typically substantial and the stakes are HIGH. Truck accident cases are also governed by complex and highly technical federal trucking regulations.

With over 50 years of experience, Jim Adler is here to help get you the medical attention you need, dive deep into the workings of the trucking world, and lay down the law with those insurance giants. And if we have to, we’ll file a truck accident lawsuit and show them in court how we got the nickname “The Texas Hammer.”

Accidents involving big trucks, big trucking companies, and big insurers require a big law firm that can match them dollar for dollar, step for step. Since 1973, we have been standing tall for truck accident victims. Call us at 1-800-505-1414 or send us a message to get your FREE case review today.

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Texas Leads the Nation in Fatal Truck Crashes

Large trucks account for 4% of all registered vehicles and 7% of total vehicle miles traveled, but they represent 10% of all vehicles involved in deadly crashes.

The number of large trucks involved in fatal and injury crashes has steadily increased in recent years, data from the National Safety Council (NSC) shows. Most of the injuries and deaths occur to occupants of passenger vehicles.

According to the Federal Motor Carrier Safety Administration (FMCSA), there are on average 4,000 – 5,000 fatal truck accidents per year in the U.S. About 13 percent of those occur in Texas.

Statewide, Texas had more than 32,000 truck crashes in 2020, reports the Texas Department of Transportation. More than 1 out of 10 Texas truck crashes occurred in Dallas County, where there was a total of 3,735 total reported crashes. Thirty-one of these were fatal truck crashes; hundreds more resulted in serious injuries.

A fatal truck accident can lead to a wrongful death claim—a type of personal injury claim filed on behalf of surviving family members.

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New Law Makes It Harder to Sue For Texas Truck Accidents

Fatal truck accidents have been increasing for several consecutive years and are now at levels not seen in decades. In addition to passenger vehicle occupants, more pedestrians are dying in crashes involving large trucks.

Unlike car accidents, where liability claims are almost always filed against another driver, truck crash lawsuits can be filed against numerous parties. It’s not uncommon for the truck driver, as well the company they drive for, to be named in a trucking lawsuit. However, a Texas law that took effect in September 2021 protects trucking companies when their drivers hit other motorists.

The law splits truck lawsuits into two phases. Only if the truck driver is found to be negligent during the first phase can the crash victim proceed with a negligence claim against the trucking company that employs them. House Bill 19 was pushed by the trucking industry. A sociology professor at the University of Texas at Austin told the Texas Tribune that the legislation protects trucking companies from liability.

Now more than ever, bringing a successful claim against a trucking company may require help from a truck accident attorney.

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Can You Sue An 18-Wheeler Driver for a Texas Truck Crash?

The short answer is: it depends. The longer answer is: it depends on whether the truck driver has an employer and the circumstances of the accident.

Big rig drivers fall into two main categories:

  • Independent drivers, known as owner-operator truck drivers, who have their own truck driving business and don’t work for a specific trucking company. An owner-operator might run a single person operation, where they are the sole driver for their company, and they might run the business and hire other truck drivers. Or it could be a combination of the owner-operator driving a truck and managing a fleet of drivers.
  • In addition to owner-operators, there are truck drivers who drive semi trucks provided by trucking companies.

Here is why this differentiation matters. An owner-operator is responsible for insuring the vehicles they own or lease. The driver and the trucking company are essentially one and the same. When this type of truck driver causes an 18 wheeler accident, their commercial truck insurance is on the hook for damages.

While there are scenarios where the truck driver might not ultimately be responsible for the accident—for example, the truck had defective tires or there was a mechanical breakdown caused by improper maintenance—in most cases, if you are involved in a trucking accident with an owner-operator, the buck stops with them.

This is not necessarily true when the crash involves a truck driver working for a commercial trucking company. When the trucker and trucking company are separate entities, it might be possible to trace blame back to the company. Indeed, this is often a crucial factor a truck accident case: is the driver to blame, or is their employer to blame?

The driver might have been speeding or driving under the influence of a controlled substance, for instance. This would seem to put the blame on the driver, but through careful investigation, a truck accident lawyer could show the trucking company set unrealistic deadlines requiring the driver to speed to meet a deadline, or that the company failed to comply with federal drug testing policies. In legal terms, this is known as “vicarious liability.”

Adding another wrinkle to the liability question, Texas recently passed a law that protects trucking companies from lawsuits. Under the new law, a plaintiff cannot bring simultaneous negligence claims against both the trucker and trucking company that employs them. Only if a driver is found to be negligent for an accident can the truck company’s conduct be considered.

The Texas trucking law was pushed by industry groups and it underscores the power that big truck companies wield over public policy. To take on the powerful trucking industry, you need a large law firm with proven resources, experience, and results. You need the Texas Hammer.

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What do you need to win your Semi-Truck accident claim?

Here are the key pieces of evidence in truck accident lawsuits:

  • Security camera footage: If a semi-truck accident occurred in the vicinity of security cameras, those cameras could reveal the true nature of the truck wreck.
  • Trucking company records: Your attorney can get access to the truck company’s records, which may reveal evidence of negligence, such as failure to maintain their vehicles, failure to properly hire and train drivers, or failure to keep proper records of a driver’s hours.
  • Black box data: The black box of an 18-wheeler can store data about the truck’s speed, braking, and other driving operations. This data can be valuable evidence in an accident case.
  • Police reports: The police report will document the details of the accident, including the cause of the crash and the injuries sustained.
  • Accident reconstruction: An accident reconstructionist can recreate the crash scene and help to determine what happened. Their findings are often useful for establishing accident liability.
  • Medical records: Your medical records will document your injuries and treatment. This evidence is important to prove the extent of your damages.
  • Bills and receipts: Keep all of your bills and receipts for any services you receive after the accident, such as medical bills, auto repair bills, and rental car expenses. This documentation will help you to calculate your damages.

It is important to gather this evidence as soon as possible after the accident. The trucking company or its insurance company may try to destroy or alter evidence, so it needs to be preserved.

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How do settlements for 18-wheeler accidents work?

If you have been injured in an 18-wheeler accident, you may be able to negotiate and settle your case without going to trial. Your personal injury attorney will work with the insurance company of the truck driver or trucking company to reach an agreement on a fair settlement amount.

Here are some things to keep in mind about settlements for 18-wheeler accidents:

  • Your truck accident attorney will never accept a settlement offer without your approval. You are the only one who can decide whether or not to accept a settlement offer.
  • The vast majority of personal injury claims are settled out of court. This means that you may never have to set foot in a courtroom. But if you do, we’ll prepare you and be by your side very step of the way.
  • The amount of your settlement will depend on the severity of your injuries, your medical expenses, and your lost wages. It will also depend on the facts of your case and the liability of the truck driver, trucking company, or other party.

Truck accident lawsuits are filed when negotiations fail to produce a fair settlement. Sometimes, filing a lawsuit is the only way to get full compensation for truck accident victims. When choosing a personal injury attorney, look for a law firm that doesn’t just settle truck accident cases, but is willing to take them to court.

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How long does a truck accident claim take to settle?

Truck accident claims typically are resolved within 3 to 24 months. However, the claims process can take longer, depending on the severity of the injuries, the complexity of the case, and the willingness of the insurance company to negotiate.

Here are some factors that can affect the settlement timeline:

  • The severity of the injuries: More serious truck accident injuries will require more time to heal and will likely result in a longer settlement timeline.
  • The complexity of the case: Cases that involve multiple parties or complex legal issues may take longer to settle.
  • The willingness of the insurance company to negotiate: Some insurance companies are more willing to negotiate with a truck accident victim than others. If the insurance company is not willing to negotiate, it may take longer to reach a resolution.
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Other Types of Commercial Truck Accidents

Big rigs are an ever-present threat to Texas drivers, but they’re far from the only oversized vehicles encountered on our roadways.

Commercial trucks of many types are used to transport goods of all kinds between and within cities. From delivering goods and packages to hauling construction materials to collecting garbage and moving households, commercial vehicles are the workhorses of American industry.

Like an accident with a tractor trailer, a commercial vehicle accident with the following types of trucks can cause serious injuries and present complicated legal questions that are best handled by an attorney:

  • Delivery trucks and vans (Amazon, FedEx, UPS, DHS)
  • Construction vehicles
  • Buses
  • Septic trucks
  • Garbage trucks
  • Heavy haul transport trucks
  • Moving trucks

An accident involving a delivery truck, construction vehicle, bus, or other type of commercial vehicle should promptly be discussed with a truck accident lawyer at Jim Adler & Associates.

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How Much Can I Get for My Truck Accident Case?

The amount of money you can get for your truck accident case will vary depending on the specific circumstances of your situation. However, we’ve seen truck accident victims recover tens of thousands of dollars to millions of dollars, depending on factors such as:

  • The severity of your injuries
  • The extent of your medical expenses
  • Your lost wages
  • Your pain and suffering
  • Your disability
  • The fault of the other driver or trucking company
  • The amount of insurance coverage available
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When Should I File My 18-Wheeler Accident Claim?

In Texas, the statute of limitations for an 18-wheeler accident claim is two years. The statute of limitations is the time limit in which you can file a lawsuit after an accident. This means that you must file your lawsuit within two years from the date of the accident.

There are a few exceptions to the statute of limitations, but it is important to speak to a qualified 18-wheeler accident lawyer as soon as possible after an accident to ensure that you do not miss the deadline.

There are several reasons why it is important to file your lawsuit within the statute of limitations. First, if you wait too long, you may not be able to recover compensation for your medical bills, lost wages, and other losses. Second, the evidence may be lost or destroyed if you wait too long. Third, the other party may have a stronger case if you delay.

Don’t wait to get the help you need after a tractor trailer accident. Speak to an attorney as soon as possible.

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How Is Fault Determined in Truck Accidents?

Determining fault in a truck accident is rarely a straightforward affair. Trucking accidents are complex cases that require lengthy investigation and peeling back the onion layers of potential liability.

Here are just a few of the factors that truck accident lawyers use to determine liability:

  • Factors related to the trucking accident, such as the road and weather conditions, traffic signals, speed limit, and any special circumstances, such as the presence of a work zone.
  • Factors related to the truck driver (e.g., whether the driver was fatigued or under the influence or alcohol, and the driver’s training and experience levels).
  • Factors related to the trucking company (Did the company legally screen and train its drivers? Did it properly maintain its fleet? Did it encourage unsafe driver behavior? Does it have a record of safety violations?).
  • Factors related to drivers other than the truck driver, who might have contributed to the accident (for example, a distracted driver might have veered into the trucker’s lane and forced the truck driver to take evasive action, causing the truck accident).
  • Factors related to third parties like manufacturers, maintenance companies, and cargo loading companies.

In a truck accident case, it all comes down to what you can prove. And what you can prove depends on available evidence and the quality of legal representation. To determine fault in a tractor trailer accident, do the following: pick up the phone and call Jim Adler & Associates at 1-800-505-1414 or contact us.

Can You Hire a Truck Accident Attorney If You're at Fault?

Yes, you can still hire a truck accident lawyer even if you were partially at fault for the accident. This is because Texas personal injury law follows a modified comparative fault system, which means that you can still recover damages as long as your percentage of fault is less than 50%.

For example, if you were found to be 25% at fault for an accident that resulted in $100,000 in damages, you would still be able to recover $75,000. However, if your percentage of fault is 51% or more, you will not be able to recover any damages.

We can’t stress enough: never admit fault for a crash. It is critical to speak to the Houston truck accident lawyers at Jim Adler & Associates as soon as possible after an accident, even if you believe you were at fault. An attorney can help you understand your legal rights and options and fight for the maximum compensation you deserve.

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What Are the Rules Truck Drivers Must Follow?

Even though there are thousands of truck accidents every year, most of them are completely avoidable because:

  • Truck drivers must pass education, safety, and skills tests to receive a Commercial Driver’s License (CDL) and necessary endorsements before they can legally operate a tractor trailer.
  • The Federal Motor Carrier Safety Administration and Texas state trucking laws regulate the trucking industry.
  • Trucking companies have a duty to hire qualified drivers, train them appropriately, monitor trucking operations, maintain fleets of vehicles, and supervise employees.
  • Everyone on the road shares the responsibility to follow posted traffic laws and drive with reasonable care.

Like most vehicular accidents, truck accidents are generally a consequence of human error, or negligence.

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How Many Different Types of Truck Accidents Are There?

There are many different types of truck accidents, each with its own unique set of circumstances and potential consequences. Some of the most common types of 18-wheeler accidents include:

  • Rear-end collisions: These accidents are often caused by distracted or fatigued driving, and they can be very dangerous for the occupants of the smaller vehicle.
  • Head-on collisions: These accidents are often the most serious type of 18-wheeler accident, and they can be fatal. They are typically caused by reckless or negligent driving, such as speeding or driving while intoxicated.
  • Jackknife accidents: These accidents occur when the 18-wheeler’s trailer swings out and blocks the road. They can be caused by sudden braking, sharp turns, or overloading the truck.
  • Rollover accidents: These accidents occur when the 18-wheeler tips over. They can result from speeding, driving on slippery or uneven terrain, or losing control of the vehicle.
  • Underride accidents: These often-fatal accidents occur when the front of a passenger vehicle goes under the trailer of a semi-truck.

It is important to be aware of the different types of truck accidents so that you can take steps to avoid them. If you are involved in an 18-wheeler accident, seek medical attention immediately and contact an experienced truck accident attorney to discuss your legal options.

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What Are the Primary Causes of Truck Accidents?

Although semi trucks are involved in crashes at a rate nearly identical to the rate for passenger vehicle drivers, truck crashes tend to have different causes than car crashes.

Trucker Fatigue
Proportionally, large trucks travel many more miles than passenger vehicles, and large truck drivers spend many more hours behind the wheel than passenger vehicle drivers. Federal regulations limit the number of hours that large truck drivers can operate, but they’re still allowed to drive up to 11 hours at a stretch.

And as the Insurance Institute for Highway Safety (IIHS) notes, surveys indicate that many truck drivers violate these regulations and work longer than permitted. Not surprisingly, truck driver fatigue is a known crash risk. Truck drivers who spend more than eight hours are twice as likely to crash, IIHS research has found.

Defective Truck Equipment
Another trucking accident risk is braking capacity. Large trucks take 20 – 40% further to stop than cars, especially on slick roads or with poorly maintained brakes. One IIHS study showed that brake defects were found in 42% of crash-involved trucks investigated.

The Federal Motor Carrier Safety Administration Large Truck Crash Causation Survey, one of the most comprehensive studies ever performed on the subject, found that that almost 55 percent of crash-involved trucks had one or more mechanical violations, and nearly 30 percent had a condition serious enough to take the vehicle out of service immediately.

Other Truck Crash Factors
Additional truck driver crash factors identified by the Federal Motor Carrier Safety Administration include:

  • Inattention or distraction
  • Departing from lane of travel
  • Loss of control
  • Rear-ending a vehicle in the same lane
  • Unfamiliarity with roadway
  • Inadequate surveillance
  • Prescription drug or over-the-counter drug use

Everything is bigger in Texas, including truck crashes. If you were injured in a trucking accident, you need Jim Adler & Associates and “The Texas Hammer” on your side.

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What Are Some Common Truck Accident Injuries?

Commercial vehicles are often extremely big and heavy. Because of their size and weight, 18-wheelers and commercial trucks can cause horrific damage and life-altering injuries in a crash, especially at interstate speeds.

To put things into perspective, the average car weighs around 4,000 pounds but large trucks can weigh up to 80,000 pounds (or more) when fully loaded – especially when overloaded illegally, which can greatly impact a truck accident settlement.

Truck accidents can cause life-changing and catastrophic injuries. In fact, they’re among the worst injuries a person can suffer in any traffic accident. Common truck accident injuries include:

Serious Brain Injuries (TBI) & Concussions

A concussion is a mild form of brain injury. More serious kinds of brain injuries can also happen in a collision with an 18-wheeler, big rig, diesel truck, semi-truck, or tractor trailer. Like concussions, these are called traumatic brain injuries.

The Brain Injury Association of America (BIAA) states that a traumatic brain injury, or TBI, is “an alteration in brain function, or other evidence of brain pathology, caused by an external force. Traumatic impact injuries can be defined as closed (or non-penetrating) or open (penetrating).”

While a concussion is the most common kind of traumatic brain injury, the BIAA says others can include:

  • Contusion, which is a bruise (bleeding) on the brain caused by a force (blow or jolt) to the head.
  • Coup-contrecoup injury, which involves contusions both at the site of the impact and on the opposite side of the brain. This occurs when the force impacting the head is not only great enough to cause a contusion at the site of impact but is also able to move the brain and cause it to slam into the opposing side of the skull, the BIAA says.
  • Second impact syndrome, also called “recurrent traumatic brain injury,” can occur when a person sustains a second traumatic brain injury before the first traumatic brain injury has healed. The second injury may occur from days to weeks following the first. Loss of consciousness is not required. The second impact is more likely to cause brain swelling and serious injury.
  • Locked-in syndrome is a rare neurological condition in which a person cannot physically move any part of their body aside from their eyes.
  • Open head injury, or a penetrating head injury, is a head injury in which the dura mater (the outer layer of the meninges) is breached. Penetrating head injury can be caused by high-velocity projectiles or objects of lower velocity such as bone fragments from a skull fracture that are driven into the brain.
  • Closed head injury is an injury to the brain caused by an outside force without any penetration of the skull. With a closed head injury, when the brain swells, it has no place to expand. This can cause an increase in intracranial pressure, the pressure within the skull.

Sprains, strains, and tears
Many people underestimate the damage of soft tissue sprains, strains, and tears. If you don’t get a medical checkup immediately after a truck accident, more damage may be done to the soft tissue, and you may need surgery.

  • A sprain is an injury to the ligaments or capsule that holds a joint together. Most sprains take about three to six weeks to heal. If the ligament is completely torn (severe sprain), it can take months to recover.
  • A strain is an injury to a muscle or a tendon (tissue that connects muscle to bone). It is sometimes called a “pulled muscle.” A strain happens when a muscle or tendon is stretched too far or is partially torn. Symptoms of a strain are pain, swelling, and having a problem moving or using the injured area. The hamstring (thigh muscle), calf muscle, and Achilles tendon are commonly strained.
  • A tear may occur when a joint is forced beyond its normal range of motion. This can stretch or tear the ligament, much like the fibers of a rope coming apart. Both surgical and nonsurgical treatments are used to recover from a tear.

Broken Bones
Any bone in your body can be broken in a violent truck accident. Spinal and neck injuries are usually the most serious. Regardless, they all require serious medical treatment and surgeries. Broken bones are also known as fractures.

According to the American Academy of Orthopedic Surgeons (AAOS), “A bone may be completely fractured or partially fractured in any number of ways (crosswise, lengthwise, in multiple pieces).” The AAOS lists these common types of fractures, or broken bones:

  • Stable fracture. The broken ends of the bone line up and are barely out of place.
  • Open, compound fracture. The skin may be pierced by the bone or by a blow that breaks the skin at the time of the fracture. The bone may or may not be visible in the wound.
  • Transverse fracture. This type of fracture has a horizontal fracture line.
  • Oblique fracture. This type of fracture has an angled pattern.
  • Comminuted fracture. In this type of fracture, the bone shatters into three or more pieces.

Bone fractures can take several months to heal. They should be evaluated with x-rays and treated by such means as cast immobilization, a functional cast or brace, traction, external fixation, or open reduction and internal fixation, the AAOS says.

Internal Bleeding
Bleeding internally, which is not visible to the eye, can be highly dangerous. It’s even more dangerous when victims aren’t aware that it is happening. In fact, it can be difficult to diagnose, even by medical professionals.

Internal bleeding can be the result of trauma or injury, and it could be a life-threatening condition. Symptoms include:

  • Shortness of breath
  • Passing out
  • Severe weakness
  • Dizziness
  • Low blood pressure
  • Acute visual problems
  • Weakness on one side of the body
  • Numbness
  • Severe headache
  • Severe abdominal pain
  • Nausea
  • Chest pain
  • Diarrhea
  • Vomiting

Internal bleeding can also lead to bloody or dark vomit or stool, and if it occurs behind the internal organs in the abdomen, there may be bruising around the navel or sides of the abdomen.

Exsanguination is blood loss to such a degree that the person bleeding dies. It is also known as “bleeding out” or “bleeding to death.”

Spinal Cord Injuries
Injuries to the spinal cord can involve herniations or fractures, and these can require surgery. Severe injuries to the spinal cord can cause life-changing paralysis of certain body parts.

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What Factors Will Affect My Truck Accident Claim?

Truck accidents are significantly different from car accidents, not only from the perspective of physical forces, but from a legal perspective as well.

To bring a successful truck accident claim, a law firm must evaluate several factors, including trucking regulations, truck company practices, driver behavior, and financial responsibility.

  • When a loaded semi-truck weight about 80,000 pounds crashes into an average car weighing 3,000 – 4,000 pounds, the outcome is usually catastrophic for passenger vehicle accident victims. As a result, trucking accidents tend to have much higher costs than crashes between two passenger vehicles.
  • Victims of 18-wheeler accidents often have injury losses in the hundreds of thousands or millions of dollars. When there is a fatal Houston truck accident, these costs can easily skyrocket into the range of several million dollars. Higher loss amounts complicate the claims process.
  • When determining fault in a trucking accident, the first things a law firm looks for is the actions of the driver and the company that hired the driver. The trucking industry involves interstate commerce and is therefore subject to federal regulations. These regulations are numerous and include laws around how many hours that truckers can legally drive, hiring practices, training requirements, drug testing, and load size. Among other things, lawyers might analyze driver logs to make sure an operator complied with federal hours of service (HOS) regulations. They might also look at whether a trucking company coerced drivers into violating HOS rules or other safety requirements.
  • Houston truck accident lawyers look for injury compensation from insurance policies. Due to the high costs of large truck crashes, trucking companies have commercial insurance policies with a limit of at least $750,000. But as the Truck Safety Coalition points out, many trucking companies, especially smaller companies, only carry the bare minimum amount of insurance, which may not be enough to cover the costs of a truck accident. This can require accident victims to look to other sources of insurance coverage, such as truck company vendors, the owner of the cargo, the cargo loaders, and truck mechanics. Insurance disputes between the different parties can further complicate the claims process.

These are just some of the things that lawyers look for in truck accident claims. Because these cases are extremely complex, and the smallest details can make a huge difference in the outcome, you should only work with a law firm that has a proven track record of winning trucking cases. Jim Adler & Associates has won over a billion dollars for our clients, including several large truck crash verdicts and settlements.

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How Much Does It Cost to Hire a Truck Accident Lawyer?

Most truck accident attorneys work on a contingency fee basis, which means you won’t pay anything unless they recover money for you.

Most attorneys will cover all of the upfront costs of handling a commercial truck accident claim. If your attorney obtains a recovery on your behalf, they will deduct their fees from your payout. The standard rate for contingency fees is usually between 35% and 40%, depending on whether the case settles or ends up going to court.

Keep in mind, however, that most cases are settled outside of court. Most attorneys will also never file a lawsuit if they do not have the client’s permission to do so.

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Trust the Truck Accident Lawyers at Jim Adler & Associates

Our Houston truck accident attorneys know how to deal with the delays, underpayment offers, and denials of claims which are standard procedure for trucking lines and insurance companies. They do not have your best interests at heart—only their bottom lines.

With Jim Adler & Associates on your side, you’re never riding alone. We have a team of over 30 lawyers and hundreds of support staff dedicated to serving injured Texans. There are many motorcycle accident lawyers in Texas, but there’s only one firm that’s home to “The Texas Hammer.”

For experienced and proven legal representation, contact us today. We offer 100% FREE consultations and as a client, you pay NO legal fees unless we recover money for you.

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