Override Accidents
Last Updated : June 15, 2021

Beaumont Truck Override Accident Attorneys

If you have been injured or a loved one has been injured or killed in an override accident, you need an experienced override accident attorney who can help you get the best compensation possible after such a traumatic event.

Override accidents can be among the most fatal kinds of truck accidents—when an 80,000-pound commercial vehicle and a 3,000-pound car collide, there’s little doubt about who’s going to fare worse. Especially since the area of collision impact in an override accident is at head level, it makes sense that these types of accidents are some of the most severe.

Portner Bond, PLLC attorneys have a combined 70 years of legal experience in Texas and are more than qualified to help you handle your override accident case. Contact a knowledgeable Portner Bond, PLLC attorney at (409) 838-4444 to set up a free, confidential consultation about your case today.

Why Do I Need a Lawyer?

Since insurance companies are trying to settle your case as quickly and cheaply as they can, you can’t trust that they will give you the compensation you deserve after your accident, especially in an accident as devastating as an override accident.

On the other hand, Portner Bond, PLLC override accident attorneys are dedicated to helping you receive the defense and compensation you are entitled to. Without the help of an override accident attorney, it’s possible that you could be cheated out of proper compensation and get an unfair trial.

For this reason, we recommend that you do not speak to an insurance representative about your accident until you have a lawyer with you. An override accident lawyer will help you know what to say and what not to say. They can also handle the complicated technical details of the court process for you, allowing you to focus on recovering, taking care of your family, and putting your life back together after the accident.

Why Choose Portner Bond, PLLC to Defend Me?

You want a lawyer that will not only take your case but will fight for it. Portner Bond, PLLC attorneys are known for their aggressive and meticulous defense proceedings. They are determined to get you the court results you deserve. In fact, Christ Portner and Trent Bond are recognized as members of the Million Dollar Advocates Forum and the Multi-Million Advocates Forum, which is one of the most highly-acclaimed groups of attorneys in the nation.

Since Portner Bond, PLLC lawyers have thousands of cases of override accident experience under their belts, you don’t need to worry about who you can trust to handle your personal injury claim after an override accident in Beaumont. Call (409) 838-4444 now and experience the competence and expertise of our attorneys for yourself.

Types of Override Cases We Handle

In most override cases, the passenger of the smaller vehicle is not at fault. Since by definition an override accident is when a commercial vehicle goes over the top of a smaller passenger vehicle, it’s more difficult for the smaller vehicle to be the cause of the accident. However, even if you were not at fault, your attorneys will still have to prove the driver’s negligence or the existence of a mechanical fault with the truck.

Here are some of the most common reasons for an override accident:

  • The trucker was distracted while driving and did not notice your vehicle
  • The trucker was following your vehicle too closely
  • The trucker was fatigued
  • The trucker was driving under the influence of alcohol or drugs
  • The trucker failed to yield to oncoming traffic
  • The trucker changed lanes without properly looking or signaling
  • The trucker was speeding and unable to stop in time
  • The trucker was inexperienced or had insufficient training
  • The truck was overloaded
  • The brakes failed
  • The tires blew out
  • The road had difficult conditions (like rain, fog, or snow) that made your vehicle hard to see.
  • Your car stopped suddenly.

After an override accident, you may have damages that the negligent party should pay if you are not  at fault for the accident:

  • Medical bills (such as for neck injuries, muscle strain, burns, fractures and breaks, internal organ damage, spinal cord injuries, paralysis, brain injury, or lacerations)
  • Lost wages due to inability to work after the accident
  • Vehicle damages
  • Compensation for “pain and suffering”

If your loved one was killed in an override accident, you can file a wrongful death lawsuit to recover damages as well.

Frequently Asked Questions

What should I do if I have been involved in an override accident?

  • Get medical attention right away. Some injuries take time to develop, and by then it might be too late to get the insurance company to acknowledge that the injuries were related to the override accident.
  • Call the police to get a report filed and to possibly ticket the negligent truck driver.
  • Exchange insurance information with the truck driver. However, do not discuss the accident with an insurance representative until you have a lawyer with you.
  • Take pictures of the crash, including the vehicles and people involved.
  • If there were witnesses of the crash, get their names and phone numbers.

How long do I have to file a lawsuit after my override accident?

The Texas statute of limitations indicates that lawsuits for any kind of accident need to be filed within two years of the accident.

How much compensation will I be able to recover?

The amount of compensation you are paid depends on how much you were at fault for the accident. Texas employs a “modified comparative fault” rule to determine how much a claimant is awarded. This rule uses two factors to determine how much money you are owed as a claimant:

  • The first factor is the total cost of the damage (from medical bills, lost wages, vehicle damages, pain and suffering, or wrongful death).
  • The second factor is how much the negligent party was at fault (calculated as a percentage). For example, the trucker might be 75% at fault and you might be 25% at fault for the collision.

To calculate the modified comparative fault, the court will simply take the percentage of fault of the negligent party and multiply it by the total cost of the damage. For example, if the total damages were determined to be $100,000 and you were 25% at fault, the trucker would, therefore, be 75% at fault and you would receive 75% of the compensation awarded (reducing your compensation to $75,000).

It is also important to note that Texas law states that if you were any more than 50% responsible for the accident, you cannot claim any damages.  You will receive nothing at all if the crash was mostly your fault.

How much does it cost to hire an attorney from Portner Bond, PLLC?

We don’t charge you anything unless we win your override accident case. If we win the case, then we simply take a percentage of whatever compensation you recover. The percentage we collect depends on how much time we spent on your case (if it more complicated case—one requiring more investigation or extensive legal proceedings—then we will collect a larger fee).

We’ll do our best to give you an honest and comprehensive evaluation of your case in a free initial consultation. Also, we will be upfront and honest about the costs. You have a better chance of earning more compensation from your lawsuit with the help of an attorney, so the cost of hiring an override accident attorney is a wise investment. Call us at (409) 838-4444 to get an evaluation of your override accident case.

Practice Area Statistics

The National Highway Traffic Safety Administration (NHTSA) provided the following nationwide statistics about fatal truck accidents in 2014:

  • Only 1 of 4 fatal crashes occurred on the interstate
  • 61% of fatal crashes occurred in rural areas
  • 71% of fatal crashes occurred during daylight hours (between 6 am and 5:59 pm)
  • Only 2% of truck drivers in fatal crashes were found to be intoxicated (had blood alcohol concentrations higher than .08 g/dL)
  • 22% of passenger car drivers were found to have blood alcohol concentrations above .08 g/dL)

The Federal Motor Carrier Safety Administration (FMCSA) provided the following statistics about truck accidents in Texas specifically:

  • Texas has the highest number of truck accident fatalities by far (556 fatalities in 2016)
  • There were 539 trucks involved in fatal crashes in Texas in 2016
  • Fatal crashes involving trucks are increasing in Texas. In 2010, only 13.88 per million people were involved in a fatal crash involving a truck, whereas in 2016, 17.37 per million people were involved in a fatal crash involving a truck

Given the statistics, you have a much higher risk of being involved in a truck-related accident if you live in the state of Texas, and currently, that risk is rising.

Contact an Override Accident Attorney in Beaumont

Were you or a loved one injured, or did you lose a loved one in an override accident in the Beaumont-Port Arthur Metropolitan area? If so, there’s only a limited amount of time to take legal action. Damages become more difficult to recover from an override accident the longer you wait to file a claim.

Portner Bond, PLLC has an excellent history of helping override accident victims recover losses. Call us now at (409) 838-4444 or contact us online to set up a free and confidential consultation.