Trucking Accident FAQs

I was injured by an 18 wheeler, do I have a case?

Whether you have a trucking case depends on a couple of things. First, the other driver must have done something wrong to cause the accident. A lot of times, if a person does something wrong to cause an accident, he or she will get a ticket; that is a pretty good indicator as to whether you have a case but does not mean you will definitely win. You want to have the best trucking lawyer in the world, and certainly the best trucking lawyer you can find, to make sure that your case has every possible chance of winning.

You also need to have suffered some damage in the trucking accident in order to have a case. The value of your case will depend in large part on the amount of your past medical bills, the cost of any future medical needs you may have related to the trucking accident, how much time you missed from work as a result of the trucking accident, and the pain, suffering and mental anguish you suffered as a result of the trucking accident.

Luckily, in most trucking injury cases, (thanks to state and federal law) there are high minimums for trucking insurance.  This means there is usually substantially more insurance money available in a trucking injury case than in a car accident case. In Texas, an automobile owner can have as little as $20,000 in insurance. The minimum a truck driver or trucking company can have is $750,000. And if they haul hazardous material, it’s $5,000,000. And it is a good thing that trucks have more insurance because they cause a lot more damage. An average automobile might weigh 4,500 pounds, a loaded truck can weigh 80,000 pounds. That means that trucks pack 20 times the punch of a car and cause a lot more damage.

As frequently as the Merman Law Firm is asked this question, there simply is no pat answer. Every trucking injury case depends on the facts of that case and the ability of the truck accident lawyer.

Who is the best trucking lawyer in Texas?

Everyone wants to know the answer to this question and lots of lawyers believe they are the best trucking lawyer in Texas. Asking who the best trucking lawyer in Texas requires a pretty subjective evaluation and probably does not have an objectively right answer. I think a question that could be answered is “what should I be looking for in a trucking lawyer?

First, you want a trucking lawyer that has experience with truck injury cases. The law is fairly complicated and your trucking lawyer needs to be up to speed on DOT regulations, FMCSA law, driver and company safety ratings, and current training systems, to name just a few things. The best trucking lawyer will have handled enough trucking cases and have enough experience handling trucking injury cases that he or she is up to date on all of the current law and regulations. Derek Merman has handled dozens of trucking cases and is as up-to-date on the law as a lawyer can be.

Second, you want a lawyer with talent. No matter how hard a lawyer works learning the law or studying regulations, if he or she cannot make your case in a persuasive way to a jury, then you do not have the best trucking lawyer. It is a sad fact that talent cannot be taught; some people have it and some people do not. Juries like and believe some lawyers more than others. It happens. The best trucking lawyer is both talented and works hard.

Finally, you want a trucking lawyer that is hungry. A talented lawyer who knows trucking law inside and out but has all of his kids out of the house and his retirement set simply cannot compete with the lawyer that has mouths to feed and children to care for. It is like the old fable of the rabbit and the fox: the fox is running for his dinner, the rabbit is running for his life. So the rabbit wins almost every time. The best trucking lawyer is one that has talent, works hard and has people depending on him or her to provide for them. When you have all three of those things in one lawyer, you are looking at a contender for the best trucking lawyer in Texas.

I was hurt in a trucking accident but cannot afford a doctor, what should I do?

This is a common question because it comes up a lot. Although most people can get emergency care regardless of ability to pay, many trucking accident injuries persist for a long time and require therapy and follow-ups with doctors.

Do not let the inability to pay stop you from getting treatment. We cannot speak for every trucking accident lawyer, but at the Merman Law Firm, we pride ourselves on treating our clients like family. And like with any family member, if you are in need and we can help, we are going to help. If we need to find a good doctor for you, we can do that. If that means loaning you the money you need to pay for a doctor, we can do that, too. If you have a case, we are going to do everything we can to help you get better, in addition to going after all the money you need and deserve for your trucking injury.