Texas Auto Accident Attorney
When it comes to hiring a good accident lawyer in Houston, Clara Harris, the woman who brutally ran down her husband in her Mercedes, can attest that Joe Stephens is the last person the wrongdoer wants to see in the courtroom. After trying to bluff his clients into a cheap settlement, Joe Stephens earned a decisive victory for his clients Gerald and Mildred Harris in one of the most highly publicized crimes and automobile wrongful death trials in Houston history. He has tried dozens of catastrophic car wreck cases during 23 years of trial practice, and the insurance companies know he will not settle for less than what the case is worth. His aggressive, hard-hitting style causes cases to settle quicker than most attorneys are able to do, yet allows his clients to get justice from a jury if necessary. Therefore, you will get the best result you possibly can when you hire him.
Joe Stephens, a double board certified personal injury trial attorney in Houston, Texas will work just as hard for you as he did for Gerald and Mildred Harris . He is a very humble and caring attorney, who is truly honored to represent his clients. You know you are important, the minute you hire him. He is an Houston auto accident attorney who is ready to start work on your case right now. He can handle any type of auto collision case. He is an expert when it comes to interpretation of the Texas Insurance codes including Personal Injury Protection laws, Underinsured Motorist laws, Uninsured Motorist laws, and the Texas Transportation Code.
Car Accident Recovery
Motor vehicle accidents are a common cause of personal injury. Their impact ranges from the inconvenience of property damage to serious injury or death. Many of his significant cases are well known by the insurance industry. One of his other well-known cases involved a 17 car and truck pile up, generally agreed among his peers to be one of the most complicated and catastrophic car-truck accidents in Texas history. In that case, the best experts in the world were called into reconstruct the accident and animate it to show the jury. You must know that the money you may recover is entirely dependent on the facts of your case. But the key is that you hire a firm who will immediately and exhaustively investigate your case, and that is willing to hire the best experts in the field to prove the other driver was at fault. This firm’s private investigators will be on the scene soon after you hire us to gather the evidence. The Stephens Law Firm will spare no expense in developing the strongest case to bring to court. He uses experts in the field of accident reconstruction, who also know the Federal Motor Carrier Safety Codes, the Texas Transportation Code. Most car accidents are best explained to juries through computer animations, and Joe Stephens uses the best experts in that specialized field to coordinate their efforts with his accident reconstructionist.
If you have suffered injury as a result of bad automobile accident, or a motor vehicle accident of any kind including an 18 wheeler truck accident, car, motorcycle, or boating accident you may
be entitled to compensation.
He concentrates on serious injury cases, including those sustained in drunk driver car crashes,or those involving extreme carelessness. If the facts warrant, he will ask the jury to pay you punitive damages, on top of the recovery you are entitled to receive to compensate you for the harm that you have sustained. He is well known for winning cases for the last, the least, and the lost, when other “money hungry attorney” have turned their backs on someone in need. He truly cares about his clients, and will earn your respect before your case is settled or tried. That is why he is so well liked by the juries in Texas Courtrooms, and why he is the best attorney you can hire.
Houston Car Wrecks often involve spinal cord injuries, burn injuries, brain injuries, paralysis, disfigurement or loss of limbs. Many times Houston auto accidents result in wrongful death. Joe Stephens specializes in handling claims for clients with these devastating injuries. Life care planners, neurosurgeons, orthopedics, and physicians with the Texas Research and Rehabilitation Institute frequently are involved in explaining his client’s devastating injuries. He is a auto accident attorney who is known for his aggressive litigation techniques and sharp negotiating skills.
If you would like to speak to an aggressive and dedicated South Texas personal injury attorney at The Stephens Law Firm contact us to request a free initial consultation . If we take your case, you will not owe us anything, except a contingency fee and expenses, and only if you recover. Otherwise, you will not owe anything.
Frequently Asked Questions:
According to the United States Department of Transportation, 5,082
people died and 131,000 suffered injuries as the result of 18
wheeler accident collisions. 5% of all accident related
injuries and more than 14% of deaths are due to 18 wheeler
accidents. In many cases the operators of these commercial
vehicles are found to be exceeding the speed limit.
Many personal injuries are the result of 18 wheeler accidents or
collisions. Some examples of injuries that result from auto
accidents are cervical and lumbar sprains, herniated and ruptured
discs, fractures, knee injuries, brain damage and paralysis.
Victims of 18 wheeler accidents may recover for pain and
suffering, medical expenses, property damage, lost wages and loss
of earning capacity.
Federal regulations ensure that businesses operating trucks
and other commercial vehicles keep records of their driver's
activities for a limited period of time.
Because of this and other regulations, it is important to contact
an experienced attorney who can quickly take action and secure
any important documents that could become unavailable at a future
date.
Truck Accidents:
How are truck accidents different than car
accidents?
Car accidents and truck accidents share many similarities. Either
may be caused by speeding, reckless driving or failing to keep a
proper look-out for other vehicles on the roadway. There are
however certain conditions inherent in the driving of a truck
which distinguish truck accidents from other vehicle
collisions.
For example, the braking system on a semi tractor trailer is different than that of a car. Heavy trucks use compressed air to make the brakes work. Although air brakes are a safe way to stop large vehicles, it takes one-half second or more for the air to flow through the lines to the brakes which impacts the stopping distance for the vehicle. The air brake lag distance at 55 mph on dry pavement adds about 32 feet to the stopping distance. A truck driver traveling 55 mph under good traction and brake conditions must contend with a total stopping distance of over 300 feet, a distance longer than a football field. The additional time required to slow or stop a large truck impacts the speed at which the truck may be safely driven and the awareness the truck driver must have for the condition of traffic on the roadway.
Is truck driver conduct regulated?
Given the distance required to stop a large truck, the limited
ability to see other traffic from the cab and the difficulty
maneuvering a tractor trailer, the truck driver's conduct and
response to conditions on the road are regulated and taught to
drivers across the country. Certain industry wide
"countermeasures" have been established and are taught to truck
drivers so that they may appropriately respond to various traffic
conditions. The focus of the countermeasures is improved safety
management, preventative maintenance and defensive driving. The
countermeasures address negotiating curves, passing, turning left
and right, crossing intersections, using and changing lanes and
pedestrian interaction. Whether the appropriate countermeasures
were taken by the driver of a truck involved in an accident must
be evaluated on a case by case basis.
Additional regulations which govern truck drivers are issued by
the Office of Motor Carriers within the United States Department
of Transportation. These regulations require specific driver
documentation and conduct. Preventative maintenance and
inspection, driver documentation, brake performance, tire
inflation, tire wear and deterioration, wheel retention and
deterioration, steering system performance, full trailer
coupling, vehicle lighting and conspicuity, pay load
characteristics and cargo procurement are all specifically
regulated. The conduct of the driver, condition of his vehicle
and the circumstances surrounding the collision must be promptly
reviewed and evaluated to determine whether the truck driver's
conduct conforms with the applicable rules.
Who may be responsible for the injuries suffered as
the result of a truck driver's negligence?
If the driver of the truck was negligent and his negligence
caused you injury, he may be liable for the damages you suffered.
The truck driver's employer and in some cases the entity which
leases the vehicle may also be liable for the negligent conduct
of a truck driver. The terms of the lease and the nature of the
relationship between the driver and the party that retained and
compensates him must be examined to determine their potential
liability.
What if the truck accident occurred because the truck
wasn't properly loaded?
Federal safety regulations impose a duty on a carrier to secure
the load safely. Different types of loads have their own
requirements for being properly secured. A trucking company is
not liable for defects which are not apparent upon a reasonable
inspection of the load. The company is also not liable for sealed
loads. However, a shipper may be liable where it improperly
loaded its own truck, its employees negligently instructed the
truck driver on the manner in which the cargo should be secured
or if the truck driver was given false assurances as to the
safety of the load. It is important to determine the identity of
the party involved in loading the trailer if it is suspected that
the cargo was not appropriately loaded. The circumstances
surrounding the loading of the vehicle and the identity of those
involved in the loading should be determined as quickly as
possible after the accident occurs.
What if the truck driver was not qualified to drive
the truck involved in the accident?
The incompetence of a truck driver may give rise to liability for
the party who hired him or retained his services to transport a
load. The question is whether the employer exercised "reasonable
care" in hiring or retaining the driver. Did the employer make a
reasonable investigation of the driver? What did the employer
know or what should have been known prior to hiring the truck
driver? Once an employer knew or should have known that a driver
was unfit, was it reasonable for the employer not to investigate
or take corrective action such as discharge or reassignment?
Federal regulations require a reasonable investigation of a
driver's qualifications at the time the driver is hired. The
regulations require that the driver must be able to do the
following:
- safely operate the type of motor vehicle he drives;
- determine whether the cargo he transports has been properly located;
- determine whether the cargo he transports has been appropriately secured;
- is familiar with the methods and procedures for securing cargo;
- is physically qualified to drive a motor vehicle;
- has a valid commercial motor vehicle operator's license;
- has prepared and furnished the motor carrier that employs him with a list of violations of the motor vehicle traffic laws and ordinances which the driver has been convicted of within the preceding 12 months;
- has successfully completed a driver's road test; and
- has completed and furnished the motor carrier that employs him with an application for employment.
The failure to comply with federal regulations may be evidence that a "reasonable investigation" was not performed and may give rise to an independent basis of liability against the employer. Whether the truck driver who caused your loss was qualified must be evaluated based upon the facts surrounding your collision.
What if the accident was caused by truck driver
fatigue?
Research completed by the National Transportation Safety Board
suggests that driver fatigue and lack of sleep is the number one
cause of truck crashes, a greater danger than either alcohol or
drugs. It is estimated by the U.S. National Highway Traffic
Safety Administration that driver fatigue may be responsible for
as many as 240,000 motor vehicle accidents in the U.S. annually.
If the fatigue of a driver causes him to weave or fall asleep at
the wheel, both he and his employer may be held liable for the
personal injuries and damages which result.
Fault for driver fatigue which causes an accident may be
attributed to the driver's employer under certain circumstances.
In determining whether an employer contributed to the driver
fatigue the following may be considered:
- Did the trucking company properly monitor the driver?
- Were drivers ordered to continue driving notwithstanding complaints made to a company dispatcher that he was too tired to continue?
- Was the truck driver required to meet a time schedule for the delivery of shipments that require driving beyond federal limits?
- Did the company fail to consider driver fatigue in scheduling load delivery?
Driving while fatigued is a violation of federal regulations and may be evidence of negligence. Careful evaluation of the circumstances surrounding a collision may reveal that driver fatigue played a role in the accident.
How is truck driver fatigue
established?
The driver may admit to police or witnesses that he is fatigued.
Such statements may be reflected in the Accident Report
completed by police at the scene. A driver may also make a
similar statement to the dispatcher. A driver may appear fatigued
when observed by police or other witnesses. Review of the truck
driver's log may also be useful in establishing the amount of
time on the roadway and to assess the likelihood of fatigue.
Motor Carrier Safety Regulations regulate the permitted hours of
service and require the driver to keep a log of their "duty
status".
A wide range of sources must be analyzed to determine whether
driver fatigue is a factor in causing an accident. It is
important that you involve a attorney in this process to speak with
the witnesses to the collision, review the driver's log, obtain
records associated with the maintenance of the vehicle, review
the materials associated with the hiring of the driver and
evaluate the potential avenues of recovery that are
available.
Do truck drivers have to carry liability
insurance?
The Federal Motor Carrier Safety Administration regulates the
amount of insurance a carrier must maintain. For vehicles
weighing more than 10,000 pounds and hauling only non-hazardous
materials, minimum liability coverage in the amount of
$750,000.00 is required. If hauling hazardous materials, the
required minimum liability coverage increases to between
$1,000,000.00 and $5,000,000.00 depending upon the type of
material transported.
Auto Accidents:
What damages may be recovered for injuries suffered in a
car accident?
There are many elements of damage you may suffer when involved in
a car accident. The expenses associated with medical treatment
after the accident may be recovered. Medical expenses may be
claimed even if the bills are paid by a health insurer or through
your auto carrier. Medical expenses reasonably certain to be
incurred in the future may also be recovered if supported by the
testimony of a physician.
The wages lost because of time missed from work may also be
claimed even if sick or vacation days are used for some or all of
the missed time. These "economic" damages are easier to calculate
than the "non economic" damages noted below.
Compensation for past pain and suffering may be claimed as may
future pain and suffering if a doctor testifies that such pain
and suffering will likely occur. "Pain and Suffering" refers to
the physical pain and discomfort as well as worry, anxiety and
embarrassment which results from the injury.
Disability or "loss of a normal life" experienced as the result
of a car accident is compensable. Disability or "loss of a normal
life" refers to the temporary or permanent diminished ability to
enjoy life. This includes a person's inability to pursue the
pleasurable aspects of life. The avid jogger who isn't able to
exercise after suffering injury in a car accident may be entitled
to compensation for his "loss of a normal life" or disability.
The disability likely to be experienced in the future is also
compensable if supported by the testimony of a physician.
Disfigurement suffered as the result of a car accident is
compensable. This element of damage refers to the obvious damage
to the body such as scarring, burns or amputation. The impact
that such a condition has and will have upon the injured person
is the basis of the claim.The location, size and visibility of
the disfigurement impacts the degree of appropriate
compensation.
What if the accident was caused by the other
driver?
If the accident was the other driver's fault, you may be entitled
to compensation. Fault is determined by evaluating a variety of
factors. The description of the collision by the drivers
involved, witness observations, the nature and location of the
damage to the vehicles, observations and conclusions of police
officers at the scene and in some cases accident reconstruction
are all means by which fault is evaluated.
A claim may be made with the at fault driver's insurance company.
A claims adjuster is assigned by the insurer to evaluate the
fault of the drivers, the nature of your injury and the property
damage your vehicle sustained. It is important to remember that
the claims adjuster's job is to limit the amount paid to you to
whatever extent possible. The claims adjuster represents the
interests of the insurer. Involving our law firm on your behalf
can level the playing field and provide the experience necessary
to protect your interest in receiving full compensation for your
loss.
Should I provide a statement to the other
insurer?
Many insurers wish to secure a recorded statement from the
injured person shortly after the accident. We do not recommend
providing a sworn statement without first speaking to a attorney.
The claims adjuster who will take the statement does not have the
same interest as you. A recorded statement often addresses
crucial issues of fault and damage. First speak with a attorney who
can assess whether providing a statement is appropriate and if
so, can attend the statement. Do not allow the insurer to address
these critical issues without the benefit of a attorney acting on
your behalf.
What if the other driver does not have
insurance?
If the other driver who caused the accident is uninsured, you may
be able to obtain compensation through your own insurer. Most
automobile insurance policies provide uninsured motorist
coverage. This coverage protects you when you are injured by a
person who failed to carry insurance.
An uninsured motorist claim is governed by the terms of the
policy. The recovery of compensation is limited to the amount of
coverage purchased. It is important to review the policy to
determine the terms and amount of coverage available.
Uninsured motorist claims do not typically involve a lawsuit or a
jury. If the injured person and their insurer are unable to agree
on the issue of liability or the amount of compensation which
should be paid, most policies require arbitration of the dispute.
Arbitration involves either one judge or a panel of judges
hearing the evidence and deciding the issues. If you believe you
may have an uninsured motorist claim, contact our office so that
the terms of your policy may be reviewed and your rights may be
protected.
What if the other driver has limited insurance
coverage?
You may be entitled to compensation from your own insurer under
your underinsured motorist coverage. Most automobile policies
provide underinsured motorist coverage. Such coverage protects
you when the insurance of the other driver is smaller than the
coverage you purchased and the compensatory value of your claim
exceeds the policy limit of the other driver's policy.
An example of an underinsured motorist claim is as follows:
Driver A is involved in a car accident which is the fault of
Driver B. Driver A suffers a broken leg and broken wrist. Driver
A seeks compensation from Driver B's insurer whose policy is
limited to $50,000.00. Driver A carries underinsured motorist
coverage with a limit of $500,000.00. Driver A may be entitled to
the $50,000.00 policy limit from Driver B's insurer and an
additional $500,000.00 pursuant to his own underinsured motorist
coverage.
Whether you are entitled to underinsured motorist benefits
depends upon careful review of your insurance policy, the policy
of the other driver, the circumstance of the collision and the
nature of the injury suffered.
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