Houston Personal Injury Attorneys – Smith & Hassler

Why Preserving Evidence After a Truck Accident May Get More Difficult

The Federal Motor Carrier Safety Administration (FMCSA) has recently proposed a sweeping set of 18 rule changes that could significantly impact how the trucking industry operates – and how truck accidents are investigated. These changes affect nearly every aspect of commercial motor vehicle regulation, from how inspections are conducted to the reporting requirements for carriers.

For injury victims and their families, these updates matter. When a serious crash involves an 18-wheeler or other commercial truck, the investigation that follows can make or break how much money you receive for your accident-related expenses, which can add up fast after a serious truck accident.

What are the proposed FMCSA rule changes?

In May 2024, the FMCSA announced its initial request for public comment on 18 proposed changes to its current safety regulations. This May, the FMCSA published 18 proposed changes, which the public can comment on for 60 days, according to FreightWaves.

The proposed changes are part of the agency’s “Zero-Based Regulation” (ZBR) initiative, which aims to evaluate and streamline federal trucking rules. Some of the noteworthy proposals include:

• Removal of self-reporting requirement since violations are automatically reported electronically between state agencies.
• Expand military exemption for commercial driver’s license (CDL) training requirements.
• Revising inspection, repair, and maintenance recordkeeping requirements
• Modify what constitutes “medical treatment” after an accident. Specifically, X-rays and other imaging scans would not be considered medical treatment, as they’re used solely to diagnose whether an injury has occurred.
• Stop requiring trucking companies to send federal truck inspection reports to state agencies.
• Update requirements for maintaining driver qualification files.
• Adjust the rules governing hours-of-service (HOS) exemptions.
• Modify vehicle marking requirements.
• Review the current definition of a “commercial motor vehicle.”

While the FMCSA describes these potential changes as administrative improvements, the ripple effects could be significant. Investigators, attorneys, and injury victims rely on existing FMCSA regulations to uncover violations that may have contributed to a crash. Any proposed changes could influence how commercial truck accidents are investigated in the future.

Why FMCSA regulations matter in truck accident cases

Truck accident investigations often involve more than just police reports and witness statements. In serious cases – especially those involving catastrophic or fatal truck crashes – the National Transportation Safety Board (NTSB) may conduct its own independent investigation.

In such cases, evidence related to the truck accident often serves as the cornerstone of any truck accident claim or lawsuit. Key evidence that could be influenced by the proposed FMCSA rule changes includes:

• Driver logs and hours-of-service records – Used to determine whether the driver was operating under fatigue or in violation of rest requirements.
• Vehicle maintenance and inspection records – Can reveal whether the trucking company failed to keep the truck in a safe operating condition.
• Driver qualification files – May show that a driver had a history of violations or was not properly trained.
• Drug and alcohol testing records – Required by federal law in many situations, and can reveal safety risks.
• Electronic Logging Device (ELD) data – Used to verify driving time, speed, and other key metrics.

If these records become harder to obtain, less detailed, or no longer required due to regulatory changes, accident victims may face additional hurdles to proving negligence, which is key when building a case against a truck driver, trucking company, or another at-fault party.

How could these rule changes impact crash victims in Texas?

Texas consistently ranks among the states with the highest number of fatal truck accidents. In fact, it’s often the state with the highest number of truck accident fatalities in a single year, according to the National Safety Council (NSC).

Specifically, there were 26,312 commercial vehicle crashes in the Lone Star State in 2023, according to the Texas Department of Transportation (TxDOT). Many of these truck accidents occurred on major highways like I-10, I-45, and I-69. In Harris County alone, more than 5,000 commercial vehicle crashes were recorded last year.

As a result, any proposed changes to FMCSA regulations governing the commercial trucking industry could have a major impact on a wide range of truck injury cases. If trucking companies face fewer reporting requirements, for example, they may be able to withhold key evidence, such as maintenance logs or driver history, that could otherwise be used to prove liability.

It could also make it harder to demonstrate patterns of noncompliance. For instance, if the FMCSA loosens documentation requirements for inspections, a company with a long history of poor maintenance may not face accountability unless more stringent state-level regulations apply.

What Are the Most Common FMCSA Violations Associated With Truck Accidents?

Even before the proposed FMCSA rule changes, certain violations have consistently contributed to serious and fatal truck crashes across Texas and the United States. These infractions often point to systemic safety issues within trucking companies and may become more challenging to detect if reporting requirements are relaxed.

According to the Federal Motor Carrier Safety Administration (FMCSA), the most frequently cited violations during roadside inspections include:

• Hours-of-Service (HOS) Violations: Truck drivers are subject to strict limits on driving hours to prevent fatigue-related accidents. Violations such as exceeding allowable driving hours or failing to maintain accurate logbooks are common. In 2021, “False Report of Driver’s Record of Duty Status” and “No Record of Duty Status (ELD Required)” were among the top five violations cited by FMCSA.
• Vehicle Maintenance Failures: Proper maintenance is crucial for safe operation. Common issues include inoperative lamps, brake system defects, and tire problems. The FMCSA reported that “Inoperable Required Lamp” and “Clamp/roto-chamber type brake(s) out of adjustment” were among the most cited vehicle violations.
• Improper Driver Qualifications: Operating a commercial motor vehicle (CMV) without the proper commercial driver’s license (CDL) or endorsements is a serious violation. “Operating a CMV Without a CDL” was one of the top five violations in 2021.
• Cargo Securement Issues: Failing to properly secure cargo can lead to load shifts, increasing the risk of rollovers or loss of control. While specific statistics on cargo securement violations are less prominent, they remain a critical safety concern.
• Distracted or Impaired Driving: FMCSA regulations prohibit the use of hand-held mobile devices while operating a CMV and mandate drug and alcohol testing. Violations in these areas can significantly increase crash risks and are very common, according to the FMCSA.

What happens next with the FMCSA proposals?

The FMCSA’s proposed rule changes are still in the early stages of development. The agency is collecting feedback from the public, safety advocates, and the trucking industry as part of the rulemaking process. After reviewing comments, the FMCSA may revise or withdraw some proposals before finalizing new regulations.

Still, these proposals offer insight into how federal oversight of the trucking industry could evolve in the coming years – and why legal representation is more important than ever after a serious truck accident.

Learn how a Houston truck accident lawyer can fight for you

Commercial truck accidents are not ordinary crashes. They often involve complex federal rules, high-stakes insurance policies, and powerful corporate defendants. If you’re injured in a crash involving an 18-wheeler, a delivery truck, or a commercial fleet vehicle, it’s critical to speak with a law firm that knows how to investigate and build strong cases under Texas and federal law.

At Smith & Hassler, our attorneys have been fighting for crash victims in Houston for over 30 years. We understand how FMCSA regulations apply to your case, and we know how to hold negligent trucking companies accountable. That’s why we consistently obtain settlements and verdicts for clients, including $1.38 million in one truck accident case.

Contact us for a free consultation to learn more about your legal options. We’re here to listen and to help you demand the justice and compensation you deserve.

“I was rear-ended by a tractor-trailer while waiting for traffic to clear up on a busy highway and woke up seven days later in a hospital with multiple fractures. Someone from my family had contacted Smith & Hassler while I lay unconscious. It was a very wise decision. To anyone who finds themselves in a similar situation, they are the go-to guys.” – Benji S., ⭐⭐⭐⭐⭐

May Is Motorcycle Safety Awareness Month — And The Risks Are Still Being Ignored

Every driver knows that motorcycles are smaller than cars, but too many still fail to understand the consequences when a crash happens. And for the rider, those consequences can be life-altering. At Smith & Hassler, our lawyers have represented countless injured bikers in Houston and across Texas, and we’ve seen the difference firsthand: when a motorcycle and a car collide, the motorcyclist almost always pays the higher price.

May is National Motorcycle Safety Awareness Month, and while the message is getting louder, the numbers remain troubling. More than 9,000 motorcycle crashes were reported in Texas last year, and thousands of riders suffered serious injuries. In one of our own cases, we secured $3.145 million for a rider who suffered a traumatic brain injury and orthopedic injuries in an intersection crash.

If you or someone you love has been hurt in a motorcycle accident, here’s why the injuries are often so severe—and what you can do to protect your rights.

Bikers Have Zero Margin for Error in a Crash

Unlike people in cars, motorcyclists don’t have the benefit of steel frames, airbags, or crumple zones. That means even a low-speed collision can lead to catastrophic outcomes. Riders are fully exposed to:

• The full impact of the vehicle
• Road rash from being thrown off the bike
• Secondary collisions with other vehicles or structures

Even with proper gear, your body becomes the first point of impact. In car vs. motorcycle crashes, it’s not about who “wins”—it’s about how bad the damage is for the rider.

Common Injuries in Motorcycle Accidents

Injuries from motorcycle wrecks are rarely minor. Some of the most common include:

• Traumatic Brain Injuries (TBIs): Even with a helmet, a violent impact can cause concussions or life-threatening brain trauma.
• Spinal Cord Injuries: Falls or direct hits can lead to partial or total paralysis.
• Broken Bones and Orthopedic Trauma: Arms, legs, ribs, and collarbones are frequently fractured.
• Road Rash and Skin Damage: Severe abrasions can lead to infection, skin grafts, and permanent scarring.
• Internal Bleeding: Not always immediately visible, but extremely dangerous if untreated.
• Crush Injuries or Amputations: When a limb is pinned under the bike or struck by another vehicle.

These injuries often lead to long-term disability, chronic pain, and expensive medical treatments, and insurance companies are notorious for undervaluing them.

Cars Don’t See Motorcycles — But That’s Not an Excuse

Too often, drivers claim, “I didn’t see the motorcycle.” However, this is often due to inattentional blindness—drivers are looking, but their brain doesn’t register the rider because they’re focused on other things.

Motorcyclists are told to “ride like they’re invisible,” but that doesn’t mean car drivers get a free pass. Failing to see a biker isn’t a defense—it’s negligence.

At Smith & Hassler, our Houston motorcycle accident lawyers make sure that defense doesn’t fly. If a distracted or inattentive driver caused your crash, our attorneys will hold them accountable.

Intersections Are a Deadly Threat to Motorcyclists

Many of the worst motorcycle accidents happen at intersections. That’s where visibility issues, speed, and poor judgment collide—literally. Common scenarios include:

• Cars making a left turn in front of a motorcyclist
• Drivers running red lights or stop signs
• Rear-end crashes when a biker is stopped at a light
• Lane changes without checking mirrors or blind spots

In our $3.145 million case result, the crash happened in an intersection, something we see far too often in Houston.

Motorcycle Safety Isn’t Just the Rider’s Responsibility

While riders are encouraged to wear protective gear, obey speed limits, and stay alert, they can’t control how other drivers behave. TxDOT’s Motorcycle Safety Awareness Month campaign reminds all motorists to:

• Look twice, especially at intersections
• Use caution when turning or merging
• Don’t tailgate motorcycles—they stop faster than cars
• Give riders space, both laterally and when passing
• Slow down—speed remains a top contributor to fatal crashes

Motorcycle safety is a shared responsibility. But when drivers fail to take it seriously, bikers get hurt—and we’re here to make sure they get justice.

Insurance Companies Don’t Understand Bikers—But We Do

After a motorcycle wreck, the insurance company may not understand your injuries, your bike, or your life. They’ll use outdated stereotypes, try to blame you for riding, and offer settlements that don’t come close to covering your damages.

At Smith & Hassler, our lawyers know how to push back. We know the value of your claim, and we’ll build a case that proves it. That means:

• Investigating the crash thoroughly
• Preserving helmet, gear, and bike damage as evidence
• Bringing in medical and accident reconstruction experts
• Negotiating hard, or taking your case to trial if needed

We’ve recovered millions for Texas riders, and we won’t stop until you get what you deserve.

Protect Your Rights After a Motorcycle Crash

If you were hit while riding in Houston or anywhere in Texas, don’t assume the insurance company has your best interests in mind. Talk to a law firm that knows motorcycles, respects riders, and takes every case personally.

May is Motorcycle Safety Awareness Month—but at Smith & Hassler, we fight for riders every day of the year.

Tell them you mean business. Contact us today for a free consultation.

“I’m so thankful that I chose Smith and Hassler to represent me in my auto collision case. I would recommend them to anyone who found themselves in a similar situation as myself. Daragh Carter was the best lawyer! He is extremely timely in answering emails/phone calls, he explained the entire process thoroughly, and was successful in getting me the outcome I wanted! Such a great firm!” – Diana O., ⭐⭐⭐⭐⭐

Distracted truck drivers aren’t just putting themselves at risk—they’re putting all of Houston in danger. When a fully loaded 80,000-pound big rig barrels down I-10 or Highway 59 and the driver is looking at a screen instead of the road, the results can be catastrophic. And according to a new industry report, it’s happening more often than most people think.

A 2025 survey from Teletrac Navman found that 70% of commercial fleets have been impacted by distracted driving incidents, with cell phone use cited as the top cause by 68% of businesses. These aren’t just close calls—they’re serious truck accidents causing real injuries, real financial losses, and real lives forever changed.

So what does this mean for Texas drivers, especially here in Houston—one of the most dangerous metro areas in the country? And how can victims hold trucking companies accountable when their drivers cause devastating wrecks because of distraction?

Let’s break it down.

Cell Phones Are Driving Up the Danger on Texas Roads

Distracted driving isn’t new. But what’s changed is the intensity of the problem inside the trucking industry.

Fleet operators who took part in the Teletrac Navman study said cell phone use is now the leading cause of distracted driving incidents. That means truck drivers are actively texting, swiping, watching videos, or using apps behind the wheel of vehicles that can crush a passenger car in seconds.

Some of the reported business consequences of distracted driving included:

• 49% said it caused direct financial losses
• 40% cited operational disruptions
• 28% faced compliance violations
• 25% suffered reputational damage

These numbers aren’t just bad for business—they reflect what’s happening out on real roads, where Houston drivers are paying the price for trucking company negligence.

Why Truck Drivers Are Still Using Phones on the Job

Despite strict federal regulations banning handheld cell phone use for commercial drivers, many truckers still engage in risky behavior. Why?

Here are a few common reasons:

• Pressure from employers to meet tight delivery schedules
• Lack of enforcement or monitoring by the company
• Driver fatigue or boredom during long hauls
• Overconfidence in their ability to multitask safely

Some trucking companies claim they train their drivers, but the Teletrac Navman survey shows that training alone isn’t always enough. The most effective programs combine telemetry tools, forward-facing cameras, and in-cab monitoring—but not every fleet invests in that kind of safety technology.

And even when they do, those tools are only useful if the data is actually reviewed and acted on.

What Happens When a Distracted Truck Driver Causes a Crash?

When a trucker is distracted and causes a wreck, the consequences can be devastating:

• Rear-end crashes that crush smaller vehicles
• Rollover accidents on interstates or highways
• Jackknife collisions in poor weather or traffic
• Fatal wrecks involving other drivers, pedestrians, or motorcyclists

Unfortunately, many victims don’t realize that the trucking company may be legally responsible—not just the individual driver.

Under Texas law, victims can often pursue a claim against:

• The trucking company, for negligent hiring or lack of supervision
• The driver, for failing to follow federal and state rules
• A third-party contractor, such as a dispatch service that encouraged unsafe scheduling

Distracted driving isn’t just careless—it’s negligent. And when a trucking company puts a driver on the road who isn’t fully focused, they may be liable for every injury, lost income, or wrongful death that results.

Proving Cell Phone Use in a Truck Accident Case

Trucking companies don’t usually admit their drivers were texting or using apps. In fact, they’ll do everything possible to avoid blame.

That’s why it takes an aggressive investigation to prove what really happened. At Smith & Hassler, our Houston truck accident lawyers know how to build a distracted driving case using:

• Phone records from the truck driver’s carrier
• Black box (EDR) data from the commercial vehicle
• Dashcam footage or forward-facing video
• Telematics reports showing sudden braking or erratic driving
• Eyewitness statements about driver behavior before the crash

By connecting the dots between phone use and the timing of the accident, our attorneys can help show how distraction directly caused the wreck—and why victims deserve full compensation.

Smith & Hassler Holds Trucking Companies Accountable

In a city like Houston—where truck traffic never stops and serious collisions happen every day—there’s no room for distracted driving behind the wheel of a big rig. If you’ve been hit by a truck driver who wasn’t paying attention, you need a law firm that knows how to fight back.

At Smith & Hassler, we’ve been standing up for injured Texans for more than 30 years. Our team has recovered over $1 billion for victims across Houston and throughout Texas. We understand how truck accident cases work—and we know what it takes to get results when trucking companies try to deny, delay, or shift the blame.

From the moment you call us, we’ll get to work:

• Investigating the crash and preserving key evidence
• Taking on the insurance company and pushing back against lowball offers
• Preparing every case as if it’s going to trial—because that’s what moves the needle

We don’t back down. And we don’t settle for less than what our clients deserve.

Talk to a Houston Truck Accident Lawyer Who Knows How to Win

If you were injured—or if you lost someone you love—because a truck driver was distracted by a cell phone, don’t try to handle the case on your own. The trucking company has lawyers on its side. You should too.

Give us a call or contact us online today to schedule a free consultation. There’s no cost to talk with us, and you don’t owe us anything unless we win.

“Al Hassler is a fantastic lawyer. He educated me so much on what I was entitled to and provided great guidance, advice, and support. I am extremely happy with my settlement. I highly recommend this law firm. Very trustworthy and excellent service.” — Danae Q., ⭐⭐⭐⭐⭐

March is Brain Injury Awareness Month, a time to reflect on the devastating impact of traumatic brain injuries (TBIs) and the challenges survivors face. For those injured in semi-truck accidents, the consequences can be life-altering. These massive vehicles cause high-impact collisions, which leave victims with severe head trauma that can affect them for the rest of their lives.

Unlike a minor fender bender, a tractor-trailer wreck can lead to permanent brain damage that changes a person’s ability to work, engage in relationships, and complete daily tasks. If you or a loved one suffered a TBI in a Texas truck accident, here’s what you should know about the long-term effects and the potential legal options available to you.

Why are semi-truck collisions more dangerous than other crashes?

A fully loaded semi-truck can weigh up to 80,000 pounds, making any crash with a smaller vehicle catastrophic. Unlike standard car accidents, semi-truck crashes result in a higher rate of TBIs due to:

• Severe force of impact: The weight and speed of an 18-wheeler create an enormous amount of energy transfer, which can lead to serious head trauma.
• Vehicle rollovers and crushing accidents: Passenger cars often suffer the brunt of the damage, which exposes occupants to direct head injuries.
• Height difference: A truck’s height can result in a direct impact on a car’s windshield or roof.
• Flying debris: When a semi-truck jackknifes or overturns, metal fragments, shattered glass, and cargo can hit a victim’s head, which can cause penetrating injuries.

How truck accidents cause traumatic brain injuries

A TBI from a truck accident can occur in several ways, including:

• Direct impact trauma: The head strikes the dashboard, window, or steering wheel, causing contusions or skull fractures.
• Concussions: Often dismissed as minor, concussions can cause memory problems, confusion, and chronic headaches. Repeated concussions can lead to permanent cognitive issues.
• Contusions: Bruising on the brain can cause swelling and pressure, sometimes requiring surgical removal.
• Hematomas: Blood clots inside the brain can increase pressure and lead to life-threatening complications.
• Skull fractures: A break in the skull increases the risk of infection and long-term neurological damage.
• Coup-contrecoup injuries: The force of the collision causes the brain to bounce against the skull, which often leads to bruising, swelling, and nerve damage.
• Diffuse axonal injuries (DAIs): High-speed truck crashes can tear nerve fibers in the brain, which often causes permanent neurological impairment.
• Penetrating injuries: Glass, debris, or shattered metal can pierce the skull, which can result in severe and permanent brain damage.

Symptoms, long-term effects of a TBI

Brain injury symptoms can appear within minutes, hours, or even days after an accident. Even if symptoms seem mild at first, a TBI can worsen over time, making early medical intervention essential. Common immediate signs include:

• Severe headaches and dizziness
• Memory loss or difficulty concentrating
• Slurred speech or confusion
• Sensitivity to light and sound
• Loss of consciousness (in severe cases)
• Sudden personality changes, aggression, or depression

For many truck accident victims, a traumatic brain injury is not just a temporary setback; it’s a lifelong struggle. Unlike many injuries that heal over time, TBIs can leave lasting physical, emotional, and cognitive impairments. The long-term effects can include:

Cognitive decline makes daily life harder

Memory loss, trouble focusing, and difficulty processing information are common challenges for TBI survivors. Simple tasks, such as following a conversation or remembering important details, become frustrating. Many victims experience impaired judgment, which makes it harder to manage responsibilities, work, or live independently.

Chronic pain can be debilitating

Head injuries often come with persistent migraines, headaches, and neck pain. These symptoms can linger for years. This can make it difficult for victims to concentrate, sleep, or engage in physical activities. Pain management becomes a part of daily life and often requires ongoing medical treatment.

Emotional and behavioral changes impact relationships

TBIs affect more than just the brain; they change how people feel and react. Many survivors suffer from anxiety, depression, PTSD, mood swings, and irritability, which often impact relationships with family and friends. Additionally, mood changes can lead to social withdrawal and isolation.

Loss of independence takes a toll

For some, a TBI means losing the ability to drive, work, or handle daily responsibilities. Simple tasks, like cooking, grocery shopping, or managing finances, may require assistance. Many victims rely on caregivers, which can strain relationships and create financial hardship.

Seizures and epilepsy remain a long-term risk

One of the most serious complications of a TBI is the increased risk of seizures or post-traumatic epilepsy. Even years after the injury, some victims develop seizure disorders and require lifelong medication and medical supervision.

How a Houston brain injury attorney can help after a truck accident

If a reckless or negligent truck driver was responsible for the accident that caused your brain injury, you have the right to seek compensation for your losses. Unfortunately, insurance companies often dispute brain injury claims, which can make it difficult to get the medical care and financial support you need. The Houston brain injury lawyers at Smith & Hassler won’t let the insurance companies take advantage of your situation.

For over 30 years, we have helped injury victims just like you recover the compensation they deserve. That includes $1.38 million for two clients who suffered brain injuries in a truck accident. We know that TBIs are serious and life-altering, and we build strong cases to prove it by gathering medical records, accident reports, and expert testimony to hold negligent drivers accountable.

At Smith & Hassler, we offer legal representation on a contingency fee basis, which means you don’t pay anything unless we win your case. Plus, we offer free consultations to discuss your options and answer any questions. If you can’t make it to our office, we’ll come to you, whether at home, in the hospital, or wherever is easiest for you.

To get started, contact us today to schedule your free case consultation and take the first step toward justice and recovery.

“I’m so thankful that I chose Smith and Hassler to represent me in my auto collision case. I would recommend them to anyone who found themselves in a similar situation as myself.” – D.O., ⭐⭐⭐⭐⭐

Protecting Your Rights After a Houston Truck Accident

After a serious truck accident, the trucking company’s insurance provider may try to shift the blame onto you – even if the crash was clearly caused by the truck driver. Why? Because trucking companies and their insurers have a lot to lose in these cases, and they’ll do whatever they can to reduce or deny your claim.

At Smith & Hassler, our Houston truck accident lawyers have seen these tactics before, and we know how to fight back. If you’ve been injured in a Texas truck wreck, don’t let the insurance company twist the facts. Understanding their strategies and taking the right steps can make all the difference in your case.

Common Insurance Company Tactics After a Truck Accident

Insurance companies know that truck accident claims can lead to substantial payouts, which is why they often use aggressive tactics to reduce or deny claims. If you’re not prepared, you could end up with far less than you deserve. Here are some of the most common strategies they use:

• Blaming you for the crash – The insurance company may argue that you were speeding, distracted, or failed to yield, even if the truck driver was clearly at fault. Texas follows a modified comparative negligence rule, meaning if they can pin at least 51% of the blame on you, they can deny your claim completely.
• Using your statements against you – Adjusters may seem friendly, but they’re trained to get you to say something they can twist to minimize your claim. Even a simple “I’m feeling better” could be used to argue that your injuries aren’t severe.
• Delaying the claims process – Insurers know that accident victims often face mounting medical bills and financial pressure. By dragging out your claim, they hope you’ll accept a lowball offer just to get some relief.
• Disputing medical treatment – If you wait too long to see a doctor or don’t follow your prescribed treatment plan, the insurance company may argue that your injuries aren’t as bad as you claim.
• Hiding or destroying evidence – Trucking companies have critical evidence like black box data, maintenance records, and driver logs that could prove their liability. Without immediate legal action, this evidence could conveniently “disappear.”

Insurance companies have one goal – paying you as little as possible. But you don’t have to accept their tactics. By knowing their playbook and taking the right steps, you can protect your rights, preserve key evidence, and build a strong case for the compensation you deserve.

Steps to Protect Yourself After a Texas Truck Accident

When an insurance company tries to shift blame, taking immediate action can make all the difference in proving the truth and securing fair compensation. Here’s what you need to do:

1. Stick to the facts

Be cautious about what you say to the insurance company. Stick to the facts of the crash and avoid giving recorded statements without legal guidance. Even a simple phrase like “I’m sorry” can be twisted into an admission of fault.

2. Gather and preserve evidence

The more evidence you have, the harder it is for an insurer to dispute your claim. Key evidence includes:

• Police reports that document what happened.
• Photos and videos from the crash scene.
• Witness statements supporting your version of events.
• Black box data and maintenance records from the truck.

3. Follow your doctor’s orders

Insurance companies may claim you’re not seriously injured if you skip medical appointments or delay treatment. Follow your doctor’s instructions, attend all recommended treatments, and document your recovery.

4. Don’t accept a quick settlement

Insurers often offer lowball settlements before the full extent of your injuries is known. If you accept too soon, you could end up covering future medical costs out of pocket. Never agree to a settlement without reviewing it with an attorney.

5. Get a truck accident lawyer on your side

Insurance companies have teams of adjusters and lawyers working to protect their bottom line. Having an experienced truck accident lawyer levels the playing field and ensures your rights are protected every step of the way.

By taking these steps, you strengthen your claim and put yourself in the best position to recover full and fair compensation.

Why Having the Right Lawyer Makes a Difference

When an insurance company tries to shift blame, having a skilled truck accident attorney can be the difference between a denied claim and full compensation. Here’s why legal representation matters:

Investigating the crash

Truck accidents involve complex evidence that insurance companies won’t willingly hand over. A lawyer can:

• Obtain black box data that records the truck’s speed and braking.
• Analyze driver logs for violations of federal trucking regulations.
• Secure surveillance footage and accident scene photos before they disappear.

Challenging insurance company tactics

Adjusters may twist your words or pressure you into accepting less than you deserve. Your lawyer will:

• Handle all communications with the insurance company.
• Counter unfair accusations of fault.
• Push back against lowball settlement offers.

Maximizing your compensation

A truck accident can leave you with serious injuries, medical bills, lost wages, and long-term suffering. An attorney fights to ensure you receive compensation for:

• Current and future medical expenses.
• Lost income and reduced earning capacity.
• Pain and suffering, emotional distress, and diminished quality of life.

Taking the case to court if necessary

If the insurance company refuses to offer a fair settlement, a truck accident lawyer with trial experience can take the case to court. The threat of a lawsuit alone often pressures insurers into offering a higher settlement.

With a dedicated legal team on your side, you don’t have to fight insurance companies alone. You deserve justice, and the right truck accident attorney will make sure you get it.

Our Houston Truck Accident Lawyers Can Protect Your Rights

If an insurance company is trying to blame you for a truck accident, don’t let them take advantage of you. Their goal is to minimize their payout – but you have the right to fight back. At Smith & Hassler, we know the games they play, and we won’t let them get away with it.

Our Houston truck accident attorneys have built a reputation for holding trucking companies and insurers accountable. With decades of experience and a track record of securing major settlements and verdicts, we have what it takes to win.

Don’t wait. The sooner we start building your case, the stronger it will be. Contact us today for a free consultation, and let us help you find your way forward after a truck accident.

“Our son was in a wreck, and we needed help knowing how to move forward. Al Hassler at Smith & Hassler was wonderful helping us know how to proceed in working with the insurance company and the other party. He alerted us to important details we did not know about and calmed fears. We felt so much confidence in the guidance we got from Mr. Hassler and Smith & Hassler.” — H.D., ⭐⭐⭐⭐⭐

The holiday season is a time of joy and celebration, but for many Texas families, it’s also a time of heartbreak. Each year, drunk driving accidents spike during this festive period, turning celebrations into tragedies. Gatherings, parties, and holiday travel often involve alcohol, and even one wrong decision can change lives forever. Drunk driving doesn’t just impact the impaired driver — it puts everyone on the road at risk.

Holiday traffic also plays a role in drunk driving crashes. With more cars on the road due to holiday traveling, the chances of collisions increase. Drivers rushing to parties or traveling long distances may combine alcohol with fatigue. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving causes over 13,000 traffic fatalities across the United States each year.

In Texas, the numbers are alarmingly high this time of year. During the 2023 Thanksgiving weekend and holiday season, 126 Texans lost their lives, and another 272 suffered serious injuries in drunk-driving crashes, according to the Texas Department of Transportation (TxDOT).

What is Texas doing to prevent drunk driving?

To help save lives this holiday season, Texas is intensifying its fight against drunk driving through the ‘Drive Sober. No Regrets’ campaign, led by TxDOT. This statewide effort includes increased sobriety checkpoints, public awareness initiatives, and community events aimed at stopping impaired drivers before they cause harm. For instance, some areas in Houston and Channelview offer free sober ride programs during the holidays, making it easier for partygoers to get home safely.

Police departments across the state will set up sobriety checkpoints to catch impaired drivers. Law enforcement agencies are also partnering with TxDOT to spread the message through ads, social media, and community events. These efforts seek to save lives by stopping impaired drivers before accidents occur.

How can drivers stay safe during the holidays?

“We have a problem in Texas, and with the festivities coming up, so does impaired driving,” said TxDOT Traffic Safety Specialist Blanca Treviño-Castro. “We don’t want people to have to deal with the tragedy because someone made the mistake of driving under the influence of alcohol.”

Staying safe starts with planning ahead before attending celebrations. TxDOT encourages drivers to use ride-sharing apps, taxis, or public transportation. Many communities also offer free sober ride programs during the holidays.

Party hosts can help prevent a tragedy by offering non-alcoholic options and making sure everyone gets home without harm. They can order ride-shares, arrange group transportation, or set aside a few volunteer drivers before the festivities even begin. While it may feel like a small detail, planning ahead can mean the difference between a joyful celebration and a heartbreaking loss.

What are the broader dangers of impaired driving?

Drunk driving endangers everyone on the road, and even a small amount of alcohol can impair a driver’s judgment and reaction time. Texas law sets the legal Blood Alcohol Concentration (BAC) limit at 0.08, but impairment can begin at a BAC as low as 0.02. This level, often associated with ‘buzzed driving,’ can still lead to crashes, especially during nighttime holiday travel when visibility is reduced.

Drivers caught with a BAC of 0.08 or higher face steep fines, license suspensions, and even jail time. Beyond the legal penalties, the consequences for victims can be devastating, including life-altering injuries, emotional trauma, and financial burdens. By choosing a sober ride, drivers can avoid these risks entirely and protect themselves and others on the road.

What legal recourse do drunk driving crash victims have?

Despite campaigns and law enforcement efforts, impaired drivers continue to make dangerous decisions that lead to devastating crashes. For those injured by a drunk driver, the aftermath can feel overwhelming. Dealing with medical bills, lost wages, and uncooperative insurance companies can add to the stress of recovery. This is where an experienced car accident lawyer can make a critical difference.

Victims of drunk driving accidents have legal options to hold negligent drivers accountable. Texas law allows injured parties to seek compensation for medical bills, lost wages, and pain and suffering.

However, the process isn’t always easy. If you’re pursuing a claim without legal representation, you could face pushback from the drunk driver’s insurance company. They often use tactics to keep their costs down, even when it’s clear that the other driver was at fault. The good news is that an experienced Houston car accident lawyer at Smith & Hassler can deal with the insurance companies for you at no upfront costs. Our legal team can investigate your crash, help you build a strong case, and fight to maximize your compensation while you focus on your recovery.

We have successfully fought for full compensation for our clients, and our case results prove it. For example, we recovered $537,000 for a client who suffered a head injury and a leg fracture in a T-bone car accident. Since we operate on a contingency fee basis, we only get paid if we get a successful case outcome for you.

To get started on your claim, contact us online or call one of our law offices in Houston or Channelview for a free consultation.

“I went to a couple of Law firms before coming to Smith and Hassler. I told them of my situation, and they had no problem assisting me with my case. I am very happy with the lawyer I had and the awesome work that was done on my behalf. The staff was always warm and very friendly; if anyone I know ever needs a lawyer and great representation, I will always recommend Smith and Hassler.” – Pam F.
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A recent surge in fatal pedestrian accidents across Texas has urged state transportation officials to take action. The Texas Department of Transportation (TxDOT) recently launched its “Be Safe. Drive Smart” campaign. The campaign’s message is simple: drivers should slow down and watch for pedestrians.

Pedestrian fatalities in Texas increased by 22% over the last five years. The Houston area alone saw nearly 1,700 pedestrian-involved crashes in 2023, with 202 resulting in death.

Despite October being regarded as National Pedestrian Safety Month, about 80 pedestrian deaths occurred statewide during that month.

What does the “Be Safe. Drive Smart” campaign promote?

As fall and winter months bring darker mornings and evenings, drivers need to remain alert to potential hazards.

Research shows that traffic accidents spike in the days following the daylight saving time transition. Safety advocates argue that permanent standard time could help reduce this risk during the fall and winter.

Lower light conditions make it harder to spot pedestrians, which increases the chances of preventable collisions. According to the National Safety Council, night driving limits visibility to 250 feet for regular headlights and 500 feet with high beams on.

How does the Lisa Torry Smith Act influence pedestrian safety?

The tragic 2017 death of Lisa Torry Smith, who was struck while walking her son to school, serves as a reminder of pedestrian risks. The Lisa Torry Smith Act, passed in 2021, requires Texas drivers to yield to pedestrians and bicyclists in crosswalks.

This law seeks to protect those on foot and establishes accountability for drivers. In one recent case, a Richmond man faced criminal negligence charges under this act for a fatal pedestrian incident. Yet, reported use of the law remains limited.

How does language impact road safety?

Elaine Brooks, Lisa Torry Smith’s mother, believes the term “accident” downplays the severity of pedestrian injuries. “We have to stop calling these accidents; they’re casualties. By the law, they died as a result of a crime. And a crime is not an accident,” said Brooks.

Brooks’ stance pushes for a shift in perception: when a driver’s actions cause death or serious harm, it’s more than an unfortunate mishap; it’s a preventable loss that Texas’s laws are designed to address.

What can drivers and pedestrians do to stay safe on Texas roads?

Drivers can help reduce pedestrian accidents by:

• Slowing down in low-light conditions, especially in residential areas and near crosswalks.
• Keeping headlights on from dusk to dawn.
• Avoiding distractions such as cellphones and navigating systems while driving.
• Increasing following distance to allow more time to react to unexpected stops.
• Being mindful of glare from streetlights and other vehicles.
• Keeping windshields and headlights clean.
• Avoiding impaired and drowsy driving.

Our Houston attorneys fight for injured pedestrians

If you or a loved one was injured in a pedestrian accident in Houston, the attorneys at Smith & Hassler can help you fight for fair compensation and justice. Our legal team is committed to holding responsible parties accountable and ensuring that your rights are protected every step of the way.

With decades of experience representing Houston pedestrian accident victims, we know what it takes to build a strong case. We have a proven track record of success, including:

• $330K for a rear-end collision victim needing lumbar spine surgery.
• $215K for a client with a back injury from a car accident.
• $185K for a client injured in a rideshare collision.

We’ll investigate every detail of your pedestrian accident and stand up to insurance companies to seek maximum compensation for your injuries. Contact us online or call one of our law offices in the Houston area today for a free consultation.

A recent study revealed the most hazardous intersections in Houston for children walking or biking to school, according to an ABC 13 News report. The research, conducted by Rice University’s Baker Institute, analyzed pedestrian accident data to identify high-risk areas for young pedestrians.

Top dangerous intersections in Houston for pedestrians

The Baker Institute’s study reviewed 629 accidents involving children and vehicles in Houston from 2018 to 2023. These accidents resulted in 159 serious injuries and 21 fatalities. Based on this data, the researchers highlighted four intersections as especially dangerous:

• Alief – Beechnut Street near Wilcrest Drive
• Gulfton – Glenmont Drive from Renwick Drive to Royalton Street
• Sunnyside – The Sunnyside Square Mile
• Gulfton – Hillcroft Avenue

What makes these intersections so hazardous?

The study uncovered several factors contributing to the danger at these intersections:

• Unsignalized driveways near busy intersections
• Wide streets with up to seven lanes
• Fast-moving traffic
• Pedestrians crossing streets between intersections
• Crosswalks on high-speed roads without traffic lights
• High rates of drunk driving in certain areas
• Longer travel distances to hospitals after pedestrian accidents

What can Houston do to improve pedestrian safety?

Researchers at the Baker Institute proposed several solutions to reduce pedestrian accidents, especially those involving children:

• Build or improve sidewalks on dangerous streets: Many areas in Houston lack proper sidewalks, forcing pedestrians to walk alongside busy roads. By constructing new sidewalks and upgrading existing ones, the city can provide safe, dedicated spaces for pedestrians, reducing the risk of accidents. Proper sidewalks also ensure that pedestrians, especially children, aren’t forced into traffic or unsafe areas.
• Install more visible crosswalks: Crosswalks are critical for pedestrian safety, but they must be easy for drivers to see. The study recommends installing well-marked, highly visible crosswalks, ideally equipped with signs, reflective paint, or lighting. Enhanced crosswalks make drivers more aware of pedestrians crossing, especially in high-traffic areas or near schools.
• Lower speed limits on streets prone to speeding-related accidents: Speeding is one of the leading causes of pedestrian accidents, especially in areas where drivers don’t expect pedestrians. Reducing speed limits on roads with high pedestrian activity forces drivers to slow down and pay more attention, giving them more time to react to pedestrians. Lower speed limits also reduce the severity of injuries if an accident does occur.
• Increase police enforcement in high-risk areas: Enforcing traffic laws, such as speeding and failing to yield to pedestrians, can significantly reduce accidents. Increased police presence in areas known for frequent pedestrian incidents serves as a deterrent for reckless driving. This includes targeting distracted or impaired drivers who are more likely to cause serious pedestrian injuries.
• Educate drivers about the dangers pedestrians, especially children, face: Public awareness campaigns can help drivers understand the unique risks pedestrians face. By educating the public about the importance of slowing down in pedestrian-heavy areas, yielding at crosswalks, and watching for children, Houston can encourage safer driving habits and reduce accidents.

These changes would benefit all pedestrians, not just children, and are crucial as Houston continues to have one of the highest pedestrian accident rates in the country.

How common are pedestrian accidents in Houston?

Houston has become one of the most dangerous cities for pedestrians. According to the Texas Department of Transportation (TxDOT), in 2022, there were 115 pedestrian fatalities in the city, an 8% increase from the previous year. Harris County, which includes Houston, recorded 177 pedestrian deaths in 2022, the highest number in five years.

Why you need a Houston pedestrian accident attorney

Pedestrian accidents in Houston may seem straightforward, with a driver often at fault. However, getting the compensation you deserve isn’t always easy. In Texas’ fault-based insurance system, securing a fair settlement often requires legal help. Insurance companies frequently try to minimize payouts, making it difficult for victims to get the money they need for medical bills, lost wages, and other expenses.

That’s when an experienced Houston pedestrian accident lawyer at Smith & Hassler can make a meaningful difference in the outcome of your case. Our dedicated legal team knows Texas law inside and out. We fight to get results for our clients, including securing an $800,000 settlement for a pedestrian injured in an intersection accident.

Let us help you. Contact us today to schedule a free case evaluation. We have four offices across Texas, including three in Houston. You pay nothing unless we win your case.

In a bold move to enhance road safety, the U.S. Department of Transportation’s Federal Highway Administration announced on August 9 that it plans to award a $19.2 million grant to transportation officials in Texas. This significant funding will support the Texas A&M Transportation Institute’s efforts under the program “Saving Lives with Connectivity: Accelerating V2X Deployment.”

So, what exactly is V2X technology? V2X, or vehicle-to-everything, allows vehicles to communicate with other vehicles, traffic signals, pedestrians, and even roadside infrastructure. The idea is to keep drivers informed about their surroundings and to prevent car accidents before they occur. This technology may help improve situational awareness and reduce human error.

With V2X, cars can alert drivers about traffic signal changes, detect pedestrians and bicyclists in their path, and warn about upcoming slowdowns due to crashes or construction. Additionally, the technology can provide important updates on road and weather conditions.

How will the vehicle safety tech grant be used in Texas?

The $19.2 million grant will go toward testing this groundbreaking vehicle safety tech in two key areas: Greater Houston and Bryan-College Station. The project will utilize nearly 1,000 of Houston’s existing Signal Phase and Timing (SPaT) installations. SPaT technology helps cities improve time traffic signal changes by providing real-time data on signal phases. Another 30 intersections in Houston will come with this advanced system.

Greg Winfree, Director of the Texas A&M Transportation Institute, expressed enthusiasm in a statement about the grant. “By deploying these advanced systems in the Greater Houston area and College Station, we aim to serve as a national model for reducing roadway fatalities and improving overall traffic efficiency,” he said.

This grant is part of a larger $60 million package awarded to Arizona, Texas, and Utah. These states will collectively advance the deployment of V2X technology and potentially transform how road safety is approached across the country.

How will this vehicle safety tech be tested?

The testing will focus on various safety features, such as warnings for right turns on red, red light violations, wrong-way driving, and even emergency vehicle response times. It will also address hurricane evacuations, planned special events, and flood warnings.

In Bryan-College Station, 35 new intersections will get the V2X technology. The Texas A&M Transportation Institute will also equip 100 TAMU fleet vehicles, 100 personal vehicles, and 75-100 bicycles with this technology. The goal is to evaluate its effectiveness in real-world scenarios and potentially set a national benchmark for road safety.

We fight for injured crash victims

The advancements in V2X technology and the implementation of these safety systems in Texas are designed to make roads safer and prevent accidents. But despite these efforts, car accidents remain a reality, often resulting in serious injuries for those involved. When safety measures fail or negligent drivers cause harm, victims deserve justice and fair compensation for their damages.

If you or a loved one suffered injuries in a car accident in Texas, get legal help from Houston’s trusted law firm. The experienced car accident lawyers at Smith & Hassler know how to protect the rights of injured motorists and hold negligent parties accountable. With over 30 years of experience, we have a proven track record of success in cases like yours.

For example, we helped a client recover $800,000 after sustaining back, neck, and shoulder injuries in an intersection crash. In another case, a client received $537,000 for a mild traumatic brain injury and leg fracture sustained in a T-bone collision.

We offer a free consultation to discuss your case, explore your potential legal options, and provide honest answers to any questions you have. Our firm also works on a contingency fee basis, meaning you pay nothing unless we win your case. Contact us today to see how we can help you.

August is National Traffic Awareness Month, and road safety experts are sounding the alarm on the importance of safe driving habits to prevent car accidents both in the U.S. and worldwide.

“National Traffic Awareness Month aims to shed light on the safety rules that can help prevent major or minor accidents from taking place,” according to a National Today news story about the annual event.

This message is especially critical for Houston and the rest of Texas, where car accident fatalities continue to be a significant concern. But just how severe is the situation in Houston and Texas? Why are there so many crashes in these areas? And what can drivers do to make the roads safer? The Houston car accident attorneys at Smith & Hassler explain.

Car accidents are a problem in Texas

According to the most recent statistics from the Texas Department of Transportation (TxDOT), 4,283 people lost their lives in motor vehicle crashes statewide in 2023. While this number is 2.8% lower than the 4,407 fatalities recorded in 2022, it remains alarmingly high.

Despite this slight decline, Texas residents should remain vigilant. The death toll in 2023 is still among the highest ever recorded in the state, marking the third consecutive year with more than 4,000 fatalities from car crashes.

How bad are car crashes in Houston?

Car accident fatalities remain a serious concern in the Houston area. In 2022, a total of 558 people died in car accidents in Harris County, which includes Houston, according to the most recent accident data compiled by the National Highway Traffic Safety Administration (NHTSA).

Although the 2022 figure is slightly lower than the 576 fatalities recorded in 2021, it still indicates a troubling trend. Both years represent a significant increase from earlier periods. For instance, in 2018, Harris County had 388 car accident fatalities.

Common causes

Car accidents in Texas are alarmingly frequent, with several common contributing factors responsible for the vast majority of these incidents:

• Speeding: Speeding significantly increases the risk and severity of car accidents. In 2022, speeding drivers were responsible for 34.5% of car accident fatalities in Texas, accounting for 1,521 deaths. Speeding reduces the driver’s ability to react to sudden changes, increases stopping distances, and results in more severe impacts during a crash.
• Drunk Driving: Drunk driving remains a leading cause of car accident deaths in Texas. In 2023, it was responsible for 1,090 fatalities. Alcohol impairs judgment, coordination, and reaction times, making drunk drivers a significant danger on the road.
• Distracted Driving: Distracted driving resulted in 403 fatalities in Texas in 2023. Common distractions include texting, talking on the phone, eating, and using in-car technologies. Distracted drivers are less likely to notice and react to road hazards, increasing the likelihood of accidents.
• Not Wearing a Seatbelt: In 2023, not wearing a seatbelt accounted for 48.8% of car accident fatalities in Texas. Seatbelts are one of the most effective ways to prevent injuries and fatalities in a crash. They keep occupants securely in place, reducing the risk of being thrown from the vehicle.

Safe driving tips

During National Traffic Awareness Month, road safety advocates offer valuable suggestions to prevent car accidents and make roads safer. Here are some actions drivers can take:

• Stay Focused on the Road: Road safety experts emphasize the importance of keeping your eyes on the road, hands on the wheel, and mind on driving. Avoid using your phone, eating, or engaging in other distractions while driving.
• Follow the Rules of the Road: Adhering to traffic laws is crucial for maintaining order and safety on the roads. This includes obeying speed limits, stopping at red lights and stop signs, and yielding the right of way when required.
• Commit to Safe Driving Practices: Drivers should pledge to avoid speeding, aggressive driving, and other dangerous behaviors. This commitment involves being patient, courteous, and responsible behind the wheel.

Protect your rights if you’ve been injured in a crash

Think you don’t need a lawyer if another driver was responsible for your car accident? Think again. Many car accidents quickly turn into complicated legal cases. The at-fault driver might deny responsibility, or insurance companies might refuse to pay you the compensation you deserve.

No matter the circumstances, our Houston car accident lawyers at Smith & Hassler can help you navigate the challenges of your case. With years of experience and proven results, including a $1.38 million settlement for a motor vehicle accident in Texas, we know how to fight for your rights.

Get the Texas law firm that means business. Contact us today to schedule a free case evaluation with a Houston car accident attorney you can count on in a crisis. We have four offices conveniently located throughout Texas, including three in Houston. Plus, we work on a contingency fee basis, meaning you only pay if we secure a financial settlement or verdict for your claim.