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18 wheeler accident. ...Do I need a lawyer or can I handle the case since liability is not a issue? ??

Houston, TX |

I was t-boned by a big rig who ran a red light. My light was green, as I proceeded through the intersection, he hit the passenger side of my car. My car slid and then flipped over on the driver side and slid some more. He came to a stop after hitting a light pole in the median.He admitted to running the light. He was given several citations by the officers. Several witnesses gave statements saying that he was at fault. My baby and I had to be pulled out by bystanders. My car was totaled. Which that part has been handled by his insurance company. My injuries are disc herniation, a neck injury, and knee injury. And cuts and scrapes on my face and hands from the broken window that shattered when my car flipped over. I am waiting for my appt to have an MRI of my neck and knee.

Attorney Answers 31


  1. This is a no-brainer. Consult with an experienced TX personal injury/trucking accident attorney immediately. You will never receive fair value for your injuries without one and may in fact jeopardize your case by trying to.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  2. If you try to handle this yourself, you will likely get less than you would with an attorney, even after fees. They may try various tactics to reduce what they pay you, and a good attorney will not let that happen. They may even say it was part your fault or that your back condition pre-existed before the collision. You should get a board certified personal injury lawyer, which is a certification that is done by the state of Texas. Trucks have very specific regulations, and how much you recover can depend on how those regulations were observed (or not observed). This is not a do-it-yourself claim.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  3. You need a lawyer to help you negotiate a fair settlement for your injuries even if liability is not an issue. Even when one party is clearly at fault, the value of the damages may still be disputed. Do not hesitate to contact a lawyer as soon as possible. Many personal injury lawyers will provide you with a free consultation. You have nothing to lose by contacting a lawyer but you have a lot to lose if you don't make the call. I wish you the best of luck with your recovery.


  4. I would suggest you retain an attorney with substantial experience with 18 wheeler accidents. Commercial vehicle accidents are different from other accidents and professional truck drivers are help accountable for rules violations of the Federal Motor Carrier Safety Regulations.
    Big rig accident cases are also valued differently from a car to car accident and a real truck accident lawyer may be in the best position to protect your financial future.

    This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.


  5. Do not hesitate to contact a lawyer as soon as possible.


  6. Sounds like you are lucky to be alive! Even though you think that liability won't be contested, that is only one part of the equation. Even more important is determining what your damages are. The insurance company will undoubtedly try to pay you the lowest amount possible to go away. This is one of the many reasons you really need to hire an attorney. You need someone to fight for you, as they have an army of adjusters and attorneys protecting the at fault driver. Best of luck.

    I am licensed to practice law in the great state of Texas only. The above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state. www.gilesandgiles.com


  7. Yes, you need to hire an established injury lawyer as soon as you are able.


  8. You should absolutely hire a qualified personal injury attorney. Make sure that attorney has handled 18-Wheeler cases in the past. There are too many legal issues to go into in one post, but rest assured the insurance company for the truck-driver and his employer will do everything in their power to lessen the value of your claim. There are also many legal considerations to address after you have settled your claim too, including paying back your health insurer under the right of subrogation and how to handle the settlement of your minor child which requires court approval.

    No attorney-client relationship is established by S. Clark Harmonson / Harmonson Law Firm, P.C.'s reply to your query on AVVO. The reply provided is general in nature and should not be construed as specific legal advice under any circumstances. The only manner in which an attorney-client relationship can be established with S. Clark Harmonson / Harmonson Law Firm, P.C. is through a written fee agreement signed by S. Clark Harmonson / Harmonson Law Firm, P.C.


  9. You have incurred some very serious injuries. Stay focused on your health and the health of your child by treating for those injuries. A personal injury attorney experienced in accidents with injuries involving semi tractor-trailers can handle the complex legal aspects of this matter for you. Initially, an attorney experienced in 18-wheeler accidents may ask for evidence preservation and hire an expert to decode the data from the truck's black box. They may need to hire a private investigator to peel back the layers of ownership and responsibility for the truck. And although it may appear to you and other witnesses that the driver of the 18-wheeler bears the responsibility for your injuries, the driver and all other parties with ownership or leasing interests in the semi tractor-trailer might have a different take on the matter. Be mindful of the statue of limitations in the state where the accident occurred.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


  10. If you don't want them to add insult to injury, get a lawyer asap.


  11. You may think liability isn't contested, but I have a case right now that is going to trial on nearly identical liability facts. Yes, yes, yes, you need a lawyer and you need one who has experience in truck wreck cases. They are not the same as car wreck cases!

    Information provided here is not a substitute for consultation with an attorney. This website does not create an attorney-client relationship


  12. You would be best served to contact and consult with a qualified personal injury attorney in the Houston area.


  13. Sometimes you do not need a lawyer.However, I agree with the other lawyers who have posted that it makes sense to find a lawyer with experience handling tractor trailer collisions. I have increasingly found over the past couple years that the insurance companies contest even what look like the clearest of cases.

    A good trucking lawyer will be able to search the safety background of this company and determine if your collision was part of a pattern of unsafe practices and try to hold the company responsible. I wish you luck with your recovery and your case.


  14. Truck collisions are not car collisions and should never be handled as such. You explained the "what" of your crash and how it was the fault of the truck driver. Truck collision lawyers get to the "Why" your accident really happened and that's where the true, and high value of your case is at. Don't let a car accident lawyer handle your case. Call me and I will set you up with a world class truck collision lawyer in your area. 888-346-8841


  15. Sorry to hear about your accident. I agree with most of the other Attorney's who have responded to your question. Liability is only half the battle with insurance companies. It's great that you have already gotten your vehicle taken care of however this is again only half of your claim. The property damage is also the easiest part of the claim for insurance companies as well as yourself to put a value on. The injuries to you and your your baby are far more complicated and harder to put a number value on. To make sure your rights are protected you should seek legal counsel or at the very least consult with an Attorney face to face. Best of luck.


  16. Please, please, please do not try to handle this case by yourself. Speak to an experienced personal injury lawyer in Houston who handles trucking cases. See my article on the Top Ten Reasons Why You Should Not Try to Handle Your Personal Injury Case by Yourself.


  17. yes - yes and yes!!! The adjusters and lawyers for trucking companies have a mission - - to minimize the "exposure" to there insured. . . .therefore - please hire a professional to combat those professionals.


  18. Your post indicate s your injured, hence get a local attorney who does injury cases asap , unless you want risking the auto insurance of other driver screw Ing you over eventually


  19. Best not to play lawyer, but to retain one. Why sabotage your good claim.? Without a lawyer, you'll likely get either #1. no money or #2. a tiny nuisance settlement.


  20. Yes. You need to call a lawyer ASAP!!

    All responses on this site by this attorney are considered practical & general and does not constitute absolute or final legal advice. It is always best to consult a lawyer in your area on your exact case/claim. Each state has different laws, statutes of limitations and regulations. This lawyer is only licensed in the State of Texas. If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of GREGG S. HARRISON, PLLC, nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Office of GREGG S. HARRISON PLLC. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. GREGG HARRISON. Visit our website at www.greggharrison.com or call 832-797-7600 to discuss your legal issue; We represent injured persons who have been involved in motor vehicle collisions, 18-wheeler/truck wrecks and motorcycle accidents; all types of general negligence and catastrophic injury claims.


  21. I would suggest you contact a Board Certified Personal Injury lawyer with experience winning 18-wheeler cases. Very important that you not only get a lawyer on your side but also that you get a lawyer with a history and reputation winning 18-wheeler cases.

    Here are some resources you may want to look at that should be helpful to you:

    http://www.vbattorneys.com/practice_areas/houston-truck-accident-lawyer-texas-18-wheeler-accident-attorney.cfm


  22. You absolutely need to contact a lawyer asap. The insurance company will lead you on for months and then merely insult you with a low ball offer down the road at best. By the then, much of the evidence that a lawyer would want to have collected for you may be gone. Please feel free to give me a call, but whatever you do, get in contact with a good lawyer asap.


  23. I am sorry to hear about your accident. As the other lawyers responding so far have told you, yes, I would absolutely recommend hiring a lawyer to help you with your claim. Although you may believe liability is not an issue, you may be quite surprised how the story will change as your claim moves along. In addition to possibly having to fight liability in the future, determining the amount of damages you may be owed in a case like this can become quite complicated, and this is where a lawyer can really help you. I would also make sure that you hire a lawyer who is experienced in handling 18 wheeler/trucking cases, as they require a specialization that not all lawyers are familiar with. We handle these types of cases all over the State and would be happy to speak with you.

    www.AustinTrialLawyers.com

    No attorney-client relationship is established by S. A. Hayden Briggle's or Briggle & Polan, PLLC's reply to your query on AVVO. The reply provided is general in nature and should not be construed as specific legal advice under any circumstances. The only manner in which an attorney-client relationship can be established with S. A. Hayden Briggle's or Briggle & Polan, PLLC is through a written fee agreement signed by S. A. Hayden Briggle's or Briggle & Polan, PLLC. If you wish to speak with us further, please call us at 512-472-1926.


  24. There is a lot more involved in this case than liability alone. You should find a lawyer licensed in Texas.


  25. You definitely should hire a local Houston attorney to assist you with fighting for a proper settlement. Although this case sounds like a slam dunk, in order to ensure that you are properly compensated you will need to hire legal representation.

    R.J. Alexander's answer to a legal question on Avvo does not establish an attorney-client relationship. You need to hire for this legal concern. You may contact him at (832) 458-1756 or email him directly at rja@rjalexanderlaw.com for prompt legal service. RJ Alexander Law is a law firm situated in Houston, Texas and continually exceeds expectations for clients in all Texas counties.


  26. Typically speaking truck accident cases yield higher settlements when handled by a top notch lawyer. With clear liability and significant injuries from the accident, there is no reason that an experienced attorney couldn't help you recover a significant amount both to cover your current and future medical expenses in addition to your pain and suffering following the accident. Your best bet to is meet with a local truck accident attorney to review your case and review your legal options moving forward.


  27. It sounds like you already know the answer to your question. Do not wait for the MRI to contact an attorney; you would be wasting valuable time that a lawyer can use to start their investigation. I assure you, the trucking company has already started theirs. The one interesting fact left out of your question is WHEN the accident occurred. There are statutes of limitations (time limits) in which you have to file or settle your case. Contact a Texas lawyer ASAP!

    these comments are not intended to nor do they establish an attorney client relationship.


  28. It sounds like you have a very good case; I recommend at least talking to an attorney. Typically, when attorneys get involved the insurance company pays more attention and takes the case more serious. If you would like to discuss your case, please feel free to contact my office. Thanks and take care.


  29. I am sorry you and your child had to go through the experience of being t boned by an 18 wheeler. Without question you should consult and retain an attorney who is Board Certified in Personal Injury Trial Law and who has handled 18 wheeler cases. Based on your description of the wreck and the possible injuries you have a very good case. That being said, in my 22+ years of experience if you attempt to resolve your claims without representation by a qualified attorney, then you will receive substantially less than the claim is worth. That is not a comment on your intelligence but rather my experience in dealing with insurance adjusters. They are trained to pay you as little as possible. The adjusters do not care about being fair and properly compensating you and your child for all of your injuries, harms and losses. Good luck.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.


  30. I'm also sorry to hear about the wreck. You should absolutely seek the help of counsel because the insurance company will not make you a fair offer and you may have exorbitant medical bills that an attorney could help you reduce as part of your settlement.

    Any information provided on this forum is general and in no way establishes an attorney-client relationship and should not be interpreted as legal advice.

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