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| Truck accident attorney Dallas |
Truck accident attorney Dallas
Dallas Texas Truck Accident Lawyer
Commercial trucks are disproportionately larger and heavier than standard passenger vehicles. This means that a collision involving an 18-wheeler can result in even more severe injuries and long-term consequences than a crash involving two cars. The Lone Star State is particularly dangerous for drivers, with 5,222 Texas vehicles involved in fatal truck accidents during one recent year alone, accounting for more than 13 percent of the national total.
If you or a family member has been hurt in an accident with a large truck, you know how devastating these crashes can be. The experienced Dallas truck accident lawyers at Tate Law Offices, P.C., are here to help. We have the skills, resources, and experience required to handle any big rig accident case in Dallas.
When you contact us with the details of your situation, we can get to work for you right away. Our attorneys know that to protect your rights and maximize your recovery after an 18-wheeler accident, it’s in your best interest to take prompt action. That’s why we will send a team to your accident scene immediately to document and preserve crucial evidence before it is lost or destroyed. Don’t hesitate to contact us for your truck accident case as soon as possible.
Demanding Full Compensation After Your Truck Accident Injuries
Obtaining the compensation you deserve for your truck accident injuries will likely be challenging. Insurance settlements in big rig accident cases are frequently complicated, and insurers work tirelessly to keep payouts low.
One reason many Dallas truck accident claims tend to be more complicated is that collisions involving large trucks, semis, and tractor-trailers can cause significantly more severe injuries and property damage. As such, the average large truck accident insurance claim is particularly expensive. This means insurance adjusters will do everything in their power to deny claims and minimize the value of cases.
Another complicating factor in 18-wheeler accident settlements in the presence of multiple parties that may be held responsible for the accident. A truck driver, his or her employer, the company that owned the truck, the company that manufactured any freight being hauled, or the loading company that packed cargo into the truck could all potentially bear some fault. Each of these parties has an interest in denying responsibility, and all of them have their own insurance providers and attorneys working against you to protect their bottom lines.
If you have medical expenses and other bills piling up, you may be eager to accept a truck accident settlement. Insurance companies know that many 18-wheeler accident victims are desperate. They use this to their advantage, presenting lowball offers in the hopes of ending negotiations quickly.
However, this kind of settlement will rarely account for all of your losses and may leave you with few options if you end up facing long-term consequences. Whether you end up accepting an insurance settlement or taking your case to trial, the help of an experienced Dallas big rig accident lawyer can help you pursue rightful compensation for losses such as:
Current and future medical bills related to your injuries
Past and future physical impairment
Costs of rehabilitation, prescriptions, medical equipment, and in-home services
Other treatment-related expenses, such as transportation to appointments
Loss of current income and future earning potential
Pain and suffering from your injuries
Mental anguish, PTSD, and emotional trauma
Loss of enjoyment of life or consortium with loved ones
How Our Dallas Truck Accident Lawyers Can Help You
The results-driven attorneys of Tate Law Offices, P.C., are passionate about helping crash victims and making highways in Dallas and across the country safer. That passion drives everything we will do on your behalf. You can count on us to:
Help you understand all aspects of your case
Thoroughly investigate the causes of your crash
Identify all possible sources of compensation
Consult with experts like accident reconstruction specialists
Assist you with managing and organizing important documents
Collect and preserve supporting evidence for your case
Communicate with other parties on your behalf
Negotiate aggressively for a full insurance settlement
Argue for your best interests in court, if a settlement can’t be reached
To learn more about how our personal injury attorneys can help you, contact us today. We provide a free, no-obligation consultation to discuss your legal rights and options.
What Makes Truck Accident Claims More Complicated?
It’s impossible to exaggerate the need for a lawyer after a truck accident. The trucking industry is heavily regulated and includes many stakeholders, so truck accident cases are often complex. Here are some of the more complicated aspects of handling a truck accident claim:
MULTIPLE PARTIES ARE INVOLVED
The trucking company consists of many moving parts. When an accident occurs, more than one party may bear responsibility for the resulting damages. Any number of parties may have contributed to the accident, including the:
The trucking company that hired the driver
Truck driver
Owner of the truck
A company that manufactured any freight being hauled
Loading company that packed cargo into the truck
The truck manufacturer that built the truck
Auto parts manufacturers that built the parts installed in the truck
Dealing with one party is often difficult enough. Dealing with several at the same time can be frustrating and confusing.
AGGRESSIVE DEFENSES WILL BE MOUNTED
Don’t expect any of the insurance companies that cover the parties involved to offer you a quick and fair settlement. All of these parties and their insurance carriers have an interest in denying responsibility to minimize the financial fallout following a truck accident. You can expect the trucking companies to quickly deploy representatives from their insurance company and aggressive attorneys to the scene of the accident and to mount various defenses as to why they shouldn’t have to pay you what’s fair.
COMPLEX REGULATIONS MAY BE INVOLVED
Even if you think you bear some responsibility for the accident, it is important that you do not say this. Commercial trucks are complex machines that are regulated by even more complex rules on the state and federal level. Commercial trucking companies and their drivers must obey these rules, which include everything from how many hours a trucker can drive in a day to what types of materials must be used to secure cargo.
The Federal Motor Carrier Safety Administration is responsible for establishing the rules that apply to interstate drivers. These regulations are extensive and include topics such as:
Driver qualifications
Truck operations
Vehicle maintenance requirements
Insurance coverage requirements
Inspections
Accident investigations
Vehicle repairs
Weight distribution
Drug and alcohol prohibition
Additionally, Title 7 of the Texas Transportation Code regulates the operation of trucks within the state of Texas.
It will often take an in-depth investigation to determine all the factors that contributed to the accident. An experienced attorney can investigate the accident and compel the production of evidence to determine the factors that contributed to it.
How to Prove Liability in a Truck Accident
Proving that the trucking company or other defendant is responsible for the accident is no easy feat. Proving liability in a truck accident case often comes down to two major factors:
Investigation
An investigation can help reveal the issues that contributed to an accident. However, the trucking company’s own internal investigation is unlikely to result in favorable information for your claim. After all, their insurance company is only interested in minimizing the value of your claim. While some trucking accidents are investigated by state or federal authorities, the purpose of these investigations is usually to determine whether a traffic violation was committed, not to properly compensate you for your losses.
For these reasons, it is important that you have someone on your side who is investigating the accident to protect your rights. Also, evidence may be removed from the scene or lost. An experienced attorney will be able to take the necessary steps to preserve evidence but only if you act quickly.
EVIDENCE
Trucking companies often maintain massive amounts of data that may help explain the factors that contributed to the accident. Your attorney can take steps to obtain this evidence, which may include:
Inspection and maintenance records
Employee personnel information
Complaints or records of violations
Black box data from the truck
Trucker’s logbook
Police accident reports
Internal accident reports
Results of drug and alcohol testing
Additionally, your personal injury lawyer can interview witnesses who observed the moments leading up to the accident. In some cases, they may hire expert witnesses to explain how the accident happened or describe the damages you have suffered.
Physical evidence like skid marks, debris on the roadway, or damage to the vehicles can further illuminate the cause of the accident. You may have photos or videos of the accident that can also help paint a picture of how the accident happened and how severe it was. Your lawyer can also look if there are any nearby traffic cameras or surveillance cameras that may have captured the accident.
An experienced truck accident attorney will know what evidence to look for and how to best use it to your advantage.
Time Limit for Filing an 18-Wheeler Accident Claim
Each state in the U.S. has legal guidelines outlining how long victims have to file specific types of lawsuits. These guidelines are called statutes of limitations. In Texas, the statute of limitations for personal injury lawsuits is two years. This means that if you were injured in a Dallas 18-wheeler accident and cannot reach an appropriate settlement, you have two years from the date of your wreck to file a personal injury claim in court. However, in some situations, the time limit can be less than two years so you should consult an attorney immediately to understand the required deadlines.
Two years may sound like a long time at first. But consider how long it will take to recover from your injuries, build a solid case, and go through one or more rounds of insurance settlement negotiations. Also note that you will need to act quickly to ensure that evidence is both available and viable, and that you have access to as many legal options as possible.
A knowledgeable Dallas truck accident lawyer from our firm can begin work on your case immediately. Contact us now to get started with a free case review.
Common Causes of Truck Accidents
Commercial vehicles can weigh up to 80,000 pounds. If they are not driven in a safe manner, they can cause catastrophic consequences. Far too often, the negligence of truck drivers and trucking companies permanently alters the life of innocent victims.
Some of the most common causes of truck accidents in Texas include:
Negligent hiring or supervision
Inadequate training
Speeding
Distractions
Driver fatigue or exhaustion
Poor maintenance or inadequate inspections
Following too closely
Not making turns correctly or safely
Drug or alcohol impairment
Not following traffic regulations
Improperly loaded cargo
Who Is Responsible for Truck Accidents?
Any number of parties whose negligence contributed to a collision involving a commercial vehicle may be legally responsible for the accident. Depending on the circumstances surrounding your case, one or more of the following parties may be responsible for your accident:
In our experience, there are many reasons collisions can occur between large commercial trucks and passenger vehicles in Dallas. Some of the most common causes of truck accidents include:
Truckers who engage in distracted, reckless, or intoxicated driving
Truckers who violate traffic laws or commercial safety regulations
Trucking companies that hire unfit or improperly licensed drivers
Trucking companies that fail to properly train or supervise drivers
Trucking companies or service shops that improperly maintain or repair trucks
Cargo manufacturers that neglect to warn of hazardous materials
Loading companies that pack cargo in a precarious or unsafe manner
Truck parts manufacturers that sell defective components
Truck Accidents Are More Dangerous
Dallas 18 wheeler accident lawyers, Kraft & Associates, P.C., understand just how dangerous being hit in an involved in a truck wreck.
A collision with a commercial truck is exceptionally dangerous for occupants of a car, van, pickup, or other passenger vehicle.
A fully loaded semi weighs as much as 80,000 pounds, which is significantly more than an average 4,000-pound passenger car.
When a heavy truck hits a lighter vehicle, there is a very high likelihood of serious, catastrophic, or fatal injuries for the people in the passenger vehicle.
About Our Truck Accident Lawyers
At Kraft & Associates, P.C., our legal team investigates and litigates accidents involving all types of commercial trucks, including tractor-trailers, 18-wheelers, box trucks, dump trucks, and delivery vans. We represent victims in truck accident cases, as well as families who have lost loved ones in accidents involving commercial trucks.
Let the law offices of Kraft & Associates, P.C., advise you about your rights after an accident caused by a negligent trucker. You should seek legal advice immediately – before you discuss the matter with an insurance adjuster and before you sign anything.
We’re an established and professional law firm with friendly lawyers and staff who are easy to talk to. Please contact us today for help with your truck accident case.
We handle personal injury and SSD claims on a contingency fee basis, meaning you don’t pay unless we recover money for you.
Dallas Metroplex Truck Accident Statistics
Statistics from the Texas Department of Transportation reveal surprising facts about commercial vehicle accidents in the Dallas and Fort Worth area. In Dallas County and Tarrant County in a single recent year there were:
35 fatal crashes involving trucks and other commercial vehicles.
38 deaths in accidents involving trucks and other commercial vehicles.
707 serious injury crashes involving trucks and other commercial vehicles.
942 serious injuries in accidents involving trucks and other commercial vehicles.
Gathering Evidence After a Commercial Truck Accident
After an accident involving a heavy truck, it is important to get help from a lawyer who can work with experts and accident reconstructionists to find out what really happened. Truck accidents are often very complex. Special regulations govern truckers and the trucking companies that employ them. Violations of these rules may indicate fault for the accident.
For example, hours-of-service rules limit how long a trucker can drive without taking a break. This means that truck drivers’ logbooks are often important in an investigation of an accident that may have been caused by driver fatigue. Because logs are sometimes falsified, investigators may look at other evidence that shows how long a driver was behind the wheel. This could include toll tickets, fuel receipts, and cell phone records, for example.
Many tractor-trailers are equipped with data recorders similar to the “black boxes” that are often discussed in airline crashes. Retrieving information from these black boxes may provide critical insight into the cause of a truck accident. The physical condition of the truck may also hold clues. Because these kinds of information can quickly disappear, it is crucial to contact a lawyer as soon as possible after a crash so a completely independent investigation can start right away.
Determining Liability After a Truck Accident
There are a number of potential parties that could be responsible for paying damages after a truck accident. These may include the trucking firm, the truck manufacturer, the maintenance company, the shipper of the cargo or others, based on the facts in the case. Because the stakes are often much higher in a truck accident case, you can be assured that every potentially liable party will have a legal team fighting for them. You need a lawyer who will stand up to them and fight for your rights.
Identifying all parties who hold responsibility for the accident is a critical part of the process of recovering full compensation for all damages. Our firm is highly skilled at investigating truck accident cases, and we have access to highly respected professional resources to call upon to assist us.
Truck Accident Victims FAQ
In a collision with a large commercial truck, passenger vehicle occupants are likely to suffer serious injuries because of the differences in the weight and size of the two types of vehicles. Injury claims for truck accidents are often complicated, both because of the extent of injuries, as well as the multiple parties who may be liable for the accident.
If you have been injured or your loved one was killed in an accident involving a tractor-trailer or other large truck, your best course of action is to consult with a knowledgeable Dallas truck wreck lawyer as soon as possible. Speak with an attorney before you talk to an insurance adjuster and before you sign anything.
Below are answers to some commonly asked questions about truck accidents. For answers to your specific questions, contact us now for a free consultation and claim review.
DALLAS TRUCK ACCIDENT ATTORNEYS AT THE BARBER LAW FIRM
NOTE: If you were in an accident involving a big-rig / 18-wheeler and the insurance company is calling you, STOP. Do NOT talk to the insurance carrier until you have consulted with an attorney with experience in truck accidents and commercial automotive coverage claims. All too often, accident victims allow insurance claims reps dictate how compensation will be handled. But a claims rep’s job is to mitigate the costs insurance companies are liable for. Their job is not to make accident victims whole again. In fact, often, their responsibilities to the insurance company they work for can come into direct conflict with what is best for you and your family. Claim offers from insurance carriers made to people without attorney representation are typically far below adequate nor do they often meet the full extent that the law and insurance policies allow. Insurance companies know that most people are ignorant of the highly complex system of Texas laws as well as insurance technicalities involved in claims and how they may apply to each unique situation. Even experienced insurance professionals typically are not equipped to understand the nuances of a commercial claim. So it is critical that you speak with an attorney experienced in this type of case before proceeding. Even if you decide not to work with an attorney, that initial consultation can be critical to your ability to understand issues at stake, at least from a basic standpoint.
One of the most terrifying experiences that can happen on the road is having a collision with a tractor trailer, semi-truck, or 18-wheeler. Too many of these truck accidents end in fatalities or serious, long-term physical impairments, resulting in huge financial losses, medical bills, and a hard rehabilitation process. Seeking compensation to assuage some of the monetary burden is the least our team at the Barber Law Firm can do for victims of truck accidents and their families.
If you or a loved one has been involved in a truck accident and are considering pursuing legal action, consult the truck accident lawyers at The Barber Law Firm today for a FREE consultation.
Accidents involving large trucks occur each and every day. Each year, nearly half a million large trucks (also called tractor-trailers or “semis”) are involved in accidents in the United States. Approximately 5,000 of these accidents involving semi trailer trucks result in fatalities—in fact, one out of every eight traffic fatalities is caused by a collision with a large truck. Not surprisingly, most of the injuries and fatalities involved in truck accidents are passengers of the vehicles struck by tractor-trailers. Truck drivers typically escape unscathed, having the advantage of a much larger vehicle to protect them in an accident.
Dallas semi tractor-trailer accident lawyer Kris Barber represents 18-wheeler accident victims, their families and friends who have sustained serious bodily injuries because of the negligence of a tractor trailer, truck or other driver.
WHY CHOOSE THE BARBER LAW FIRM?
If you or someone you love is the victim of an accident involving a tractor trailer, it’s critical to seek legal advice from an experienced personal injury attorney who has plenty of experience in representing truck accident victims. Cases involving tractor trailers aren’t your run-of-the-mill personal injury claims; these cases involve a large number of extra moving parts, such as administrative regulations and the possibility of multiple defendants who may hold responsibility for your injuries.
Dallas truck accident lawyer Kris Barber has the experience it takes to represent you for accidents involving injuries such as:
1) Injuries requiring surgery, sutures, staples;
2) Traumatic Brain Injury (“TBI”), including those caused by oxygen deprivation;
3) Severe burns resulting in significant and permanent scarring;
4) Mental anguish and emotional distress;
5)Injuries caused by a collision with a driver that is drunk, impaired or otherwise under the influence of narcotics or drugs; and
6) In the worst case, death.
FORMS OF COMPENSATION FOR VICTIMS OF TRUCK ACCIDENTS
If you or someone you love has fallen victim to a truck accident, you likely already know that there is no amount of money that can make a person whole after such an accident. Compensation can, however, help to alleviate some of the financial chaos that a person can face after a truck accident. A personal injury claim can provide financial compensation—also known as “damages”—for the following:
Medical expenses such as hospital bills, surgical costs, and costs of medical equipment needed after an accident;
Rehabilitation cost and costs of long-term care if you are permanently disabled;
Income that you have lost as a result of being unable to work after your accident, as well as lost earning capacity if you are unable to return to work permanently;
Physical pain that you suffered during and after your accident; and
Emotional trauma that you have endured as a result of your truck accident, such as depression, anxiety, and an inability to sleep.
DON’T TRUST AN INSURANCE COMPANY TO BE ON YOUR SIDE
After a truck accident, you’re likely to hear from an insurance company very quickly, whether it be your own or that of the truck driver. No matter how caring the person on the other end of the phone may sound, it’s important to be on guard when talking to an insurance company. Don’t be fooled into thinking that an insurance company—even your own—has your best interests in mind. At the end of the day, an insurance company is a business, and the main goal of any business is to be as profitable as possible. When it comes to insurance companies, unfortunately, this profit is made by shorting well-deserving victims out of compensation that they are entitled to. Whenever you are dealing with an insurance company, it’s important to keep the following tips in mind:
Know your calls are being recorded. This isn’t for “training and quality assurance,” as some insurance representatives may tell you; rather, the point of these recorded phone calls is to use your own words against you if you were to slip up and say something that might sound incriminating.
Don’t sign any paperwork without an attorney’s go-ahead. You’ll likely receive a stack of paperwork after an insurance company contacts you. Be sure to have an attorney review any paperwork that you sign, no matter how harmless it may look. Insurance companies love to slide harmful clauses into fine print so that disoriented victims can sign their rights away. You can be sure that if an insurance company drafted the document, it isn’t in your favor.
ADDITIONAL RULES AND REGULATIONS FOR TRUCK DRIVERS
While on the road, truck drivers are subject to all of the ordinary laws that pertain to any driver. To increase the safety of others on the road, truck drivers are also bound by additional rules and regulations which regulate nearly every aspect of the truck driver’s job, such as:
Requiring all large truck drivers to obtain a commercial driver’s license (“CDL);
Setting a lower blood alcohol content level to be considered driving drunk;
Securing cargo safely, and regulating the types of materials that a truck can carry; and
Regular maintenance of the tractor trailer.
THE DANGER OF TRUCK DRIVER FATIGUE
All of the regulations listed above are meant to protect both truck drivers and other drivers who share the road with tractor trailers. However, many truck safety advocates question the effectiveness of these rules and regulations.
A more pressing matter, according to safety experts, is truck driver fatigue. New rules implemented by The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) allow drivers to drive 11 hours after 10 consecutive hours off-duty. Also, drivers may not drive beyond the 14th hour after coming on-duty, following 10 hours off-duty. Similar to existing rules, drivers may not drive after being on-duty for 60 hours in a seven-consecutive-day period or 70 hours in an eight-consecutive-day period. This on-duty cycle may be restarted whenever a driver takes at least 34 consecutive hours off-duty.
Short-haul truck drivers–those drivers who routinely return to their place of dispatch after each duty tour and then are released from duty–may have an increased on-duty period of 16 hours once during any seven-consecutive-day period. The 16-hour exception takes into consideration legitimate business needs without jeopardizing safety. FMCSA estimates that without the extra two on-duty hours, the industry would be required to hire at least 48,000 new drivers, actually reducing crash-reduction benefits.
The current rule allows 10 hours of driving within a 15-hour on-duty period after eight hours of off-duty time. Also, drivers may not drive after their 15th hour on duty in a workday or after 60 hours on-duty in seven consecutive days or 70 hours on-duty in eight consecutive days.
With the pressure to deliver their loads, however, drivers often continue when prudence suggests otherwise. One in five long-haul truck drivers admitted to falling asleep at the wheel within the last month.
DON’T WAIT UNTIL IT’S TOO LATE
Whatever the circumstances of your truck accident, it’s important to seek legal help quickly, as the time to file a claim isn’t unlimited. In almost all cases, a lawsuit must be filed within a certain amount of time from the date of the accident. If you intend to pursue a claim for the injuries you sustained in your accident, you should contact an experienced truck accident attorney right away to ensure that you do not waive your right to possible compensation.
DON’T WIN? DON’T PAY
If you’ve been hurt in an accident involving a tractor trailer or other large truck, don’t let the fear of not being able to pay an attorney keep you from obtaining the legal representation you need and deserve to recover compensation for the injuries you never should have suffered. If our legal team agrees to take on your case, we will work on a contingent fee basis, which means that we only get paid for our services if we are successful in obtaining compensation for your injuries.
INJURED IN A TRUCK ACCIDENT? WE’RE STANDING BY TO HELP
If you have been injured or a loved one has been killed in an accident involving a tractor-trailer or other large truck in the Dallas-Fort Worth area, it is important to consider your legal options. Many truckers are employed by large corporations that may put delivery of their goods ahead of your safety. The team of personal injury attorneys at The Barber Law Firm are standing by to ensure that your legal rights are at the forefront of any truck accident claim. Don’t wait until it is too late to obtain the justice you deserve for the accident you never should have been involved in—to set up a completely free case evaluation to discuss your accident with a member of our team
Surgeons passing tools
TRUCK ACCIDENT LAWYER
INJURY & MALPRACTICE ATTORNEY SERVING CLIENTS NEAR DALLAS, FT. WORTH, PLANO, ARLINGTON, IRVING, NORTH TEXAS & ARKANSAS
Commercial trucks have a higher center of gravity, potentially dangerous cargo, and weight that can exceed 80,000 pounds, which are all contributing factors to the tragedy that can occur if they are involved in an accident. When a passenger vehicle is involved in a truck accident, not only is the car catastrophically damaged but those inside are often critically injured or killed.
If you or a loved one was injured in a truck accident, your family may be dealing with:
Hospital bills
Medical expenses
Rehabilitation expenses
Lost wages and income
Lifestyle modifications to cope with disability
Diminished quality of life
Pain and suffering
Truck accident cases are more complex than the common car accident, having their own set of state and federal regulations. If you were injured or have experienced the loss of a loved one in truck accident in the North Texas area, our Dallas lawyers can help you hold the negligent parties responsible.
For a free case evaluation, contact the Dallas truck accident attorneys at Polewski & Associates by calling 972-200-4506. We are committed to helping victims recover the financial compensation that they rightfully deserve.
Common Causes of Truck Accidents
Truck accidents cause nearly 90,000 injuries and 5,000 deaths per year in the United States. While there a number of scenarios which can result in a truck accident, there are some that are more common than others.
Some of the most common causes of truck accidents we tend to see include:
Driver fatigue: Truck driver fatigue is perhaps the most common cause of truck accidents in America. While federal regulations mandate that truck drivers have minimum amounts of rest and time off, drivers and employers often ignore these safety rules in an effort to make more money. When drowsy truck drivers become inattentive behind the wheel, your safety is jeopardized.
Drug use: Often when a truck driver is driving under the influence, the cause of impairment is not alcohol but amphetamines. Generally they are used with the intent of keeping drivers awake, but this can put both the truck driver and other motorists in danger.
Oversized loads or improperly secured cargo: Sometimes the storage compartments of commercial trucks are overloaded to meet supply demands, but this can throw off a truck’s balance and center of gravity, increasing the likelihood of an accident.
Reckless driving: While all truck drivers should adhere strictly to safety guidelines, sometimes the pressure to meet deadlines can affect their judgment in driving.
Distracted driving: Drivers who are texting while driving, fiddling with GPS devices, or engaging in other activities pose a threat on the roads.
Overloaded Trucks
An overloaded truck leads to more accidents and increases the probability of an accident occurring due to the following issues:
Increased stopping time and distance
Greater risk of tire blowout
Increased downhill speed
Greater risk of rollover accident
Risk of bridge and overpass collapse
If one of these occurs while passenger vehicles are nearby, the outcome could be catastrophic. Injuries are typically severe, and could lead to disability, disfigurement or amputation. Tragically, accidents involving tractor trailers often result in the wrongful death of one or more individuals involved.
Override Accidents
In an override accident, the front end of a large truck runs over a smaller vehicle, such as a passenger car or a motorcycle. There are many potential causes of override accidents, including:
Brake failure on the truck
Truck driver fatigue
Tire blowout
Improper truck maintenance
Reckless driving
Trucker tailgating
Adverse weather conditions
Underride Accidents
Underride accidents occur when a smaller vehicle such as a car or motorcycle crashes into a truck and slides beneath the truck’s undercarriage.
Why do truck accidents occur so frequently on Texas roads? Oftentimes it comes down to profits over safety. Our Dallas truck accident attorneys have witnessed trucking companies claim that they are revising their safety policies and procedures time and again in an effort to reduce the number of deadly accidents. Unfortunately, these new protocols are rarely put into action and trucking companies continue placing profits ahead of the safety of other motorists.
When victims sustain injuries in a truck accident, it is crucial that they reach out to a truck accident attorney in Texas as soon as possible. Victims may be entitled to compensation to help alleviate the financial burdens resulting from medical costs, lost wages, property damages, and non-economic damages they face. The attorneys at Rasansky Law Firm have fought for over 27-years to help victims throughout the state get the justice they deserve after being harmed in accidents. Contact our law firm at your earliest convenience to see how we can help you.
DID YOU KNOW: Over 15 million trucks are driving on the road in any given year, and in that time there are over 400,000 truck accidents leading to over 100,000 injuries.
Common Causes of Truck Accidents in Texas
Truck accidents are often caused by the reckless actions of drivers. Given the size and weight of these vehicles, we would like to believe that those in control of them are more likely to engage in responsible actions while behind the wheel. Unfortunately, this is far from the truth. Instead, we continue to see numerous victims throughout our state left with life-threatening injuries from truck accidents.
7 common causes of truck-vs-car accidents in Dallas:
Speeding: When a truck driver speeds in order to meet a deadline, he or she is acting recklessly. Attempting to move an 80,000 pound road monster faster then the speed limit is never a good idea. It is very hard to stop when you have that much weight and mass behind you.
Heavy Payloads: Heavy loads can compromise the balance of an 18-wheeler truck. When a trucker is carrying an unusually heavy load, it becomes more difficult to maneuver and stop even at normal speeds. In addition, when a loaded-down truck does hit car, the damage is far more severe. Flatbed trucks and tanker trucks are notorious for this, but dump trucks and garbage trucks are often just as bad.
Lack of Maintenance: Maintaining semi trucks is necessary to avoid mechanical failure. If a truck is not properly maintained, even the safest truck driver is at a much greater risk of causing an accident. One mechanical failure such as brakes or suspension is, unfortunately all it takes to cause a deadly accident to happen.
Lack of Sleep: Truckers are human just like the rest of us and when they are overworked or sleep-deprived, they make mistakes. It’s important to realize that many experienced truckers are paid by the mile, and thus want to push their bodies to the limit in order to earn a better paycheck. Because of this, many truck drivers push themselves too far and end up falling asleep at the wheel. The Federal Motor Carrier Safety Administration (FMCSA) already allows truckers to drive as much as 11 hours at a time. Some truckers have been found falsifying hours-of-service records in order to appease their bosses or increase their pay.
Highway Hypnosis: This condition refers to a sort of trance-like state that occurs after a driver travels hundreds of miles watching the same monotonous road scenery. Eventually a driver can zone out, causing an inhibited ability to react in an appropriate manner.
Blind Spots: One of the first thing new drivers learn when taking a semi truck driving test is to avoid the blind spot. Most mirror systems on trucks do not allow the trucker a full view of the area behind them. Loud engine noise also tends to drown out any honks from concerned motorists. This makes it very easy for them to accidentally sideswipe other vehicles.
Carelessness or Recklessness: Last, but not least, some truckers simply negligent in their attitude that other motorists should yield to them because of their massive size. Not every motorist can and the results can be deadly.
Why are 18-wheeler truck accidents so deadly?
Dallas TX Truck Accident Attorney
Truck Accident Lawyer in Dallas
18-wheeler accidents can cause serious injuries and death due to their massive size compared to other vehicles on the road. This means greater force upon impact. The typical injuries that result from 18 wheeler collisions include broken bones, spinal cord injuries, paralysis, brain damage, and even wrongful death
The truck accident lawyers at Rasansky Law Firm evaluate each 18 wheeler truck accident thoroughly, looking at every possible angle, and every potential party that may share in the blame. Potentially-liable parties can include the trucking company operating the semi, the manufacturer of your car or of the 18-wheeler (in respect to product defect), road construction companies failure to provide appropriate notice of road defects or road hazards, fleet maintenance companies for failing to maintain the vehicle, and others.
The laws involved in truck accident cases are very difficult to navigate and are often extremely complex. Because of this, it’s extremely important that you talk to a lawyer about your case as soon as possible after your accident. Our experienced truck accident attorneys will evaluate your case at no cost to you. We can take your case on a contingency basis, which means there are No Fees unless we win your case.
Liable Parties in Texas Truck Accidents
Unlike most auto accidents, those involving commercial transport vehicles often have much heftier insurance policies available for victims. This is due to the fact that truck accidents often result in catastrophic injuries and extensive damages. Truck accidents frequently have several parties who can be named in personal injury lawsuits in Texas. Some parties who are liable for the injuries and damages in truck accidents throughout Texas include:
Truck Drivers: The driver of the truck bears the biggest share of liability in most truck accidents. This is due to the fact that driver error is a leading cause of truck accidents. When truck drivers engage in reckless, negligent, or distracted behaviors while operating their vehicles, they are likely to cause life-altering accidents involving others on the road.
The Truck Owner: The owner of the truck is required to ensure drivers are qualified, responsible, and diligent while operating their vehicles. Truck owners need to verify licenses, ensure experience, and make sure the driver does not have a poor driving record.
The Trucking Company: Trucking companies are often rushed to hire new drivers to deliver loads that they take shortcuts. When trucking companies fail to ensure drivers are licensed and experienced, they can be held liable for instances where accidents occur.
Cargo Company: Cargo companies must load products onto trailers with care and consideration. It is imperative that the products are evenly distributed to prevent tip-overs from happening. When trucks are not loaded properly, it can lead to shifts in the load. It is equally important that cargo is adequately secured in the trailer. When cargo companies engage in reckless and negligent practices, it can lead to significant accidents.
Manufacturers: It is imperative that semi-trucks function as they are intended. Trucks with faulty brakes, accelerators, and other malfunctioning parts can be impossible to control. As a result, drivers are likely to be involved in collisions. When truck accidents are caused by defective or malfunctioning parts or vehicles, manufacturers and other involved parties can be held liable for injuries and damages.
Victims who are injured in truck accidents need legal guidance from qualified attorneys who have a thorough understanding of federal and state laws, as well as regulations, surrounding truck accidents. The team at Rasansky Law Firm has decades of experience helping victims maximize their recoveries after being involved in a truck accident. Contact our law firm today to protect your legal rights and get the justice you deserve.
Maximize Your Recovery After a Truck Accident in Texas
The Texas truck accident lawyers at Rasansky Law Firm have extensive experience helping victims move forward after being involved in a truck accident. We strive to help our clients achieve their goals in recovery and overcoming the effects of their accidents. One way of doing this is by helping our clients obtain the maximum amount of compensation possible to cover the economic and non-economic damages they face.
The attorneys at Rasansky Law Firm believe that victims should never be forced to spend tens of thousands of dollars on costs related to their accidents due to another person’s actions. For this reason, we help them obtain the maximum amount of compensation available for damages they face, including:
Medical bills for doctor appointments, surgery, hospitalization, and various treatments.
Long-term costs that are related to therapy, rehabilitation, and medication.
Lost income related to taking time off for appointments and recovery.
Lost earning capacity for victims who are left permanently impaired.
Mental anguish as well as pain and suffering.
Disfigurements.
Loss of consortium.
If victims lose their lives in truck accidents resulting from the actions of other drivers, we help their families obtain full and fair compensation through wrongful death claims. Our truck accident attorneys in Texas help families maximize their recoveries for funeral arrangement costs, burial services fees, loss of benefits, and more. If you were injured in a truck accident, or your loved one lost their life, as a result of another driver’s actions, contact our law firm today to explore legal options available for you.
Contact a Dallas truck Accident lawyer Today.
If you sustained injuries in a truck accident as a result of another driver’s actions, it is crucial that you act quickly to protect your legal rights and best interests. Do not try to negotiate with the negligent party on your own! Trucking companies are ruthless when it comes to tricking victims into ruining their own case. They will try and minimize your claims, distort the facts, and will outright lie to you. Never accept their terms, and do not attempt to negotiate! Doing this only diminishes the value of your case. Being represented by a knowledgeable attorney ensures you have the best chance to get the compensation you deserve.
Dallas Truck Accident Attorneys
Injured in a Crash with an 18-Wheeler or Big Rig in Texas?
Truck crashes can be some of the most catastrophic accidents that occur on the road. 18-wheelers can weigh as much as 40 tons, easily more than 20 times the weight of an average passenger car. No matter what safety features our vehicles have installed, there’s only so much they can do when facing an out of control big rig.
Far too often, these crashes are caused by the negligent, reckless, or wrongful actions taken by the truck driver or the trucking company that employs them. If you were seriously injured in a collision with a big rig or 18-wheeler, contact a Dallas truck accident attorney from our today to discuss your case and begin planning your first steps to compensation.
urn to a Team That’s Recovered Billions of Dollars
At Aldous Walker LLP, our Dallas truck accident attorneys have fought for hundreds of clients since we first opened our doors. While many law firms are content to accept a settlement, we pride ourselves on being ready and willing to take your personal injury case in front of a jury in order to maximize your compensation. Through our tireless efforts, we have secured more than $1 billion in verdicts and settlements.
If you were seriously injured in a truck accident caused by someone else’s negligence, you shouldn’t be responsible for your medical bills. Contact our legal team today to discuss your options and how we can help.
The Devastating Impact of Truck Accidents in the U.S.
According to data released by the National Highway Traffic Safety Administration (NHTSA), the United States Department of Transportation (USDOT), and the National Center for Statistics and Analysis (NCSA), about 22% of all truck crashes result in injuries, and approximately 130,000 people are injured in truck accidents every year.
This problem is only becoming more severe. A nationwide study conducted by the Federal Motor Carrier Safety Administration (FMCSA) found that there was a 62% increase in injuries caused by trucking collisions from 2009 to 2015, and from 2015 to 2016, the number of large trucks involved in fatal crashes increased to 4,213. In more than half of the cases studied by the organization, the truck driver was found responsible for the incident.
Responsibilities of Truck Drivers & Trucking Companies
Because of the size and weight of their vehicles, drivers and trucking companies have a major responsibility to act with care in operating these commercial trucks. The trucking industry is require to follow a variety of rules and regulations intended to keep both their drivers and other motorists safe.
Some of the regulations put in place by the FMCSA include:
Zero alcohol/drug use policy
Maintenance requirements for trucks
Avoiding prescription medications that may cause drowsiness
Limitations on hours/miles driven before stopping for rest breaks
Any time a truck driver is involved in a collision, the trucking company will launch an investigation into the accident to determine who was at fault, and whether or not the driver could have done anything to prevent the crash.
The Dallas truck accident lawyers at Aldous Walker understand these rules and regulations just as well, if not better than anyone, and understand the steps to take when investigating the cause of a truck accident.
Preventable Causes of Commercial Truck Accidents
During our trial preparations, our Dallas truck accident attorneys will look into the events leading up to your truck accident. Some of the things we look out for include whether or not the truck driver kept their vehicle well-maintained, whether they were keeping up with their federally regulated rest schedule, and more.
Hours of Service Violations
State and federal agencies set strict regulations for how long truck drivers can remain on duty in order to ensure that they aren’t overworked and can still operate their vehicles safely. These hours of service regulation limit how long a driver can drive their vehicles without stopping to rest, but unfortunately, don’t stop all transgressions from occurring.
Drivers can only stay on duty for 60/70 hours when working over a 7/8 day period and must stay off duty for 34 straight hours to reset the 7/8 day cycle.
After working for eight straight hours, drivers must take a 30-minute break before resuming duty.
Drivers can only drive for 11 hours at a time following a 10-hour break.
Drivers can only remain on duty for 14 hours following a 10-hour break.
Sometimes, it’s the trucking company that pressures their workers to work beyond their legal and physical limits, and other times it’s a reckless driver who chooses to push themselves too far in order to meet a deadline. No matter what, a driver working past their limits can place the lives of everyone else on the road in danger.
Substance Abuse
Whether it’s alcohol, drugs, or any other substance that impairs your ability to drive, driving under the influence is a very fast way to end up hurt. It’s an irresponsibly dangerous decision no matter what vehicle you operate, but that danger is only increased when that vehicle weighs up to 80,000 pounds.
Distracted Driving
The Federal Motor Carrier Safety Administration (FMCSA) released a report that indicated that a “safety-critical event” – which include crashes, near-crashes, unintentional lane deviations and more – is six times more likely to occur when they take their eyes off the road to look at their phones. According to their data, every time a truck driver looks down at their phone, they take their eyes off the road for an average of 3.8 seconds. While driving along highway speed, that much time is enough to cover about 300 feet, or the length of a football field.
FMCSA regulations prohibit commercial truck drivers from texting and the use of hand-held mobile or smartphones while operating a commercial motor vehicle, but not all truck drivers follow such regulations. Distracted driving collisions continue to happen with dangerous consequences.
Mechanical Failure
Brake Problems: Any machine will break down if it is not properly maintained, but some failures have greater consequences than others. Brake failure can cause a fully-loaded truck to barrel into unsuspecting motorists at highway speeds, obliterating numerous vehicles in its path. Brakes aren’t the only part that can fail; even non-mechanical parts can break off and cause injuries if not properly maintained.
Under-inflated tires: Just like the truck itself, tires need to be checked and maintained to ensure their safety. Under-inflated tires increase the rate at which they wear down, and can eventually destroy their casings and burst. Flying chunks of rubber, as well as loss of vehicle control, increase the risk of an accident.
Truck Driver Negligence
Reckless driving: Whether the truck driver is speeding, constantly and recklessly switching lanes, or not paying attention to traffic, reckless driving can easily result in a terrible accident. Drivers may fail to check their blind spot before changing lanes, take a turn at high speeds, or ignore a change in the speed of traffic.
Improperly loaded cargo: It’s up to the truck driver and the people in charge of loading the trailer to make sure the cargo is loaded in a safe manner. If the cargo isn’t properly secured or balanced, it could easily shift during transport, make the driver to lose control of their truck, and cause the trailer of the truck to tip over.
Uncovering the cause of a trucking accident takes experience and resources that many attorneys simply do not possess. But Aldous Walker is different. Our team consists of dedicated trial attorneys who have gone to battle against large corporations and won! You can count on our team to hold any and all liable parties accountable for your injury.
Trucking Collisions Cause Serious Harm
An unladen semi-truck can weigh anywhere from 10,000 and 25,000 pounds, but with a trailer at full capacity, the truck can weigh up to 100,000 pounds. Even the advanced safety features of modern vehicles are no match for these massive engines. Therefore it is not uncommon for drivers and passengers involved in truck accidents to suffer devastating injuries, including:
Traumatic brain injuries
Spinal cord damage and paralysis
Loss of limb and crush injuries
Broken bones and serious lacerations
If you were seriously injured by a truck driver’s reckless or wrongful actions, you may be able to file a lawsuit to fight for the compensation you require to cover any medical expenses or damages like pain and suffering, loss of future earnings, loss of consortium, etc. Our Dallas truck accident lawyers at Aldous Walker LLP have spent decades representing clients in court and at the negotiation table, and have the experience and knowledge you need to put together the strongest case possible.
Undefeated Dallas Truck and 18 Wheeler Accident Lawyers
Our Undefeated Dallas Truck Accident Attorneys are known for winning the largest truck and 18-wheeler accident recoveries in the state of Texas.
For example, we recovered the #1 Largest Truck Accident Settlement in Texas on behalf of a client who was injured in a head-on collision with a commercial truck.
Less than two years earlier, we won the largest truck accident verdict in Dallas County against R&L Carriers, one of the biggest trucking companies in the U.S., and negotiated the largest settlement in history against Oakley Trucking.
As a result of our unprecedented success, our Truck Accident Lawyers have the resources to take on any trucking company in the country, no matter how large, and win record-setting recoveries for our clients and their families.
What Other Truck and 18 Wheeler Accident Victims Say About our Truck Accident Lawyers
From getting you to the best doctors and medical providers in Texas to making sure you have the financial resources to provide and care for yourself and family for the rest of your life, our Truck Accident Lawyers are always there for you—not just while your case is pending, but long after it’s already been resolved.
But you don’t have to take our word for it.
See what other truck and 18-wheeler accident victims say about their experience with our Dallas Truck Accident Lawyers by visiting our Client Video Testimonial page or our firm’s YouTube channel.
Dallas County Leads the State of Texas in Deadly Truck and 18 Wheeler Accidents
There were more than 24,000 truck and 18-wheeler accident in Texas in 2020. Of those crashes, Dallas County and Harris County led the state in fatal truck crashes, with 29 each.
The most common causes of Truck and 18 Wheeler Accidents include:
Driver fatigue
Distracted Driving
Speeding and reckless driving
Overweight or improperly loaded cargo
Unqualified and poorly trained truck drivers
Improper maintenance and equipment failures
Driving under the influence of drugs or alcohol
Because of their size and weight, truck accidents are much more likely to result in serious injuries and, as a result, involve much larger verdicts and settlements than ordinary motor vehicle crashes.
With millions at risk, trucking companies and their teams of lawyers will do just about anything to avoid paying injured victims and their families, including hiding and destroying evidence, blaming the victims, and minimizing the severity of any injuries and damages.
From winning the first court-ordered sleep study of a commercial driver in Texas to obtaining access to a trucking company’s proprietary “black box” computer system, our Dallas Truck Accident Lawyers and team of accident reconstruction and fleet safety experts know what to expect, what evidence to look for, and—most importantly—how to force the trucking companies to give it to us.
Dallas Truck Accident Lawyers
Have You Been Injured in a Truck Accident in Dallas or Fort Worth? We Can Help!
Busy highways are abundant in the greater Dallas metropolitan area, with no less than 8 interstate highways to access. With the increase in the number of large box trucks and tractor-trailers operating on these already-busy roadways comes the enhanced possibility of serious motor vehicle accidents. Truck drivers often have a financial incentive to drive fast. When drivers deliver their cargo to their intended destinations sooner rather than later, they can reap hefty financial rewards.
Trucking companies also obtain potential financial benefits in the form of more business. However, when truck drivers operate their vehicles in a careless or reckless manner, they can cause serious accidents, which in turn lead to serious injuries and damages.
If you or a loved one has sustained a serious injury due to a truck accident that occurred in the Dallas-Fort Worth metropolitan area, you may be able to recover monetary compensation. Our attorneys and legal professionals have fought trucking companies and their insurance companies for decades.
The legal professionals at Stewart J. Guss, Injury Accident Lawyers, are available for your free consultation
How Do I Find a Good Truck Accident Lawyers?
Choosing a law firm is an incredibly personal decision. You want to choose the right accident Dallas truck accident attorney for you and your case, but where do you start?
You can start by giving us a call! Our Dallas truck accident attorneys have over 2 decades of experience helping injured accident victims like you. We know the uphill battle you face after a serious truck crash and we work quickly to build your case and help you obtain maximum compensation.
Give us a chance to show you why so many injured Dallas 18 wheeler accident victims chose us to represent them in their darkest hours. We want to be the first – and only call you ever have to make. Let us take the legal burdens off of your shoulders, so you can focus your energy on your recovery.
**No matter where you are, it’s our mission to ensure that you have the finest representation for your case.**
Reach out now to learn more about how we can help.
Know your rights. Know your worth. We do.
If you choose to hire us, you pay us nothing upfront, and you will pay absolutely nothing at all unless and until we’ve won your case. If you are uninsured, or cannot afford health insurance deductibles or co-pays, we may be able to help you obtain the medical treatment you need at no upfront out of pocket cost to you!
We Know How to Handle Trucking Companies & Their Insurers
It’s no secret: trucking companies don’t play fair. They have plenty of tricks up their sleeve to make your recovery difficult or impossible, especially if you try to handle a truck accident claim on your own.
The first step to recovering monetary return for your damages is to file a claim against the trucking company. If their insurance company refuses to offer the appropriate settlement amount for your personal injury claim, you may need to file a truck accident lawsuit against the negligent truck driver and trucking company.
Keep in mind that although trucking companies generally have deep pockets with often times millions of dollars worth of insurance coverage at their disposal, they will do everything in their power to undervalue your truck accident claim in order to pay you less than what your case is actually worth. The experienced team of Dallas truck accident lawyers and legal professionals at Stewart J. Guss, Injury Accident Lawyers, are ready to help you take on the insurance company and fight for your right to the compensation you deserve.
Don’t face this alone. You deserve the best team of Dallas 18 wheeler accident lawyers on your side to help you win this fight.
Our law firm has over 20 years of experience grappling with trucking companies and insurance adjusters on behalf of victims of truck accidents. Count on us to fight diligently.
After suffering an injury in a traumatizing semi-truck crash, there are bound to be many questions swirling around in your head.
What are your rights? Will you have to pay for your medical bills? How can you make the truck company compensate you?
You have many things to consider in a situation like this, and our law firm can help shed some light on the situation for you.
How Much is My Dallas Truck Accident Case Worth?
Collecting Damages After a Dallas Truck Wreck
If you have suffered serious injuries in a Dallas truck accident, you may be entitled to recover monetary return for your physical and emotional damages. While money is incapable of compensating you for a lifetime of pain or for the inability to use a body part, it can help to lessen your financial burdens resulting from the accident.
In addition to recovering the costs of time missed from work and medical bills, you may also be able to receive compensation for noneconomic losses, including the following:
Physical pain and suffering
Loss of earning capacity
Costs of rehabilitation
Mental anguish and emotional distress
Loss of spousal or family support
Loss of the use of a body party
Loss of quality or enjoyment of life
Methods of Proving Injuries and Damages
In some Dallas truck accident cases, insurance companies will try and show that the accident victim was not injured all that badly. The insurance adjuster may argue that the accident victim had preexisting injuries or degenerative findings on an x-ray or MRI, for example. In these cases, expert medical testimony can go a long way in showing that an accident victim sustained a permanent injury—and that the injury directly resulted from the truck accident.
In other cases, co-workers or friends of the accident victim may be able to testify that in their observation, the accident victim’s ability to function personally (or at work) diminished significantly after the truck accident.
HELPING VICTIMS OF 18-WHEELER ACCIDENTS IN THE DFW AREA
Big truck accidents can cause severe injuries and fatalities. If a truck driver or someone else’s negligence caused your injuries, you might be entitled to financial compensation. The Benton Law Firm has been helping accident victims and their families recover from devastating experiences like this, and we are ready to fight for you
WHY HIRE THE BENTON LAW FIRM?
We have recovered millions of dollars for accident victims since opening our firm. Our goal is to win your case, so you don’t have to pay for any expenses yourself. You should not have to suffer the consequences of someone else’s actions. We will fight hard to seek justice and hold the parties that caused your injuries liable for the suffering you were forced to endure.
Legal cases can cause a tremendous amount of stress and frustration. The last thing you want to think about while you’re trying to heal is the responsibility of handling an insurance claim or lawsuit. You can count on your Dallas truck accident lawyer to complete each step of the process on your behalf. You can breathe a sigh of relief, knowing we’re looking out for your best interests and working hard to reach a favorable outcome in your case.
WHAT YOU SHOULD DO AFTER A TRUCK ACCIDENT
The decisions you make after an accident could impact your case and determine whether you can pursue compensation from the at-fault party. The shock of what just happened might cloud your judgment and jeopardize your case. It is imperative that you follow the steps below to protect your rights if you sustain injuries in a collision with a commercial truck:
Step 1 – Report the accident to law enforcement. It is illegal to flee the scene if there’s an injury or fatality. Wait for an officer to arrive and investigate the crash. They will complete a crash report and inform you when it’s okay to leave.
Step 2 – Ask the truck driver for their name, contact information, employer information, and insurance.
Step 3 – Take photos of the scene and collect as much evidence as possible.
Step 4 – Look around for people who saw the crash. Write down their names and phone numbers. They could provide witness statements and confirm what happened.
Step 5 – Seek immediate medical treatment. Don’t wait to go to a hospital or doctor, especially if your injury is severe. If your doctor recommends a treatment plan, you should follow it. It’s critical that you don’t allow too much time to pass in between appointments or make a habit of skipping appointments. Insurance companies look at something like that as evidence that you weren’t injured or it’s not serious enough to require medical attention.
Step 6 – Maintain records of everything. Every time your doctor prescribes medication, you receive a medical bill, or the insurance company sends you a letter, keep a copy of it. Every document associated with your case is proof of what happened to you.
Step 7 – If you need to get your car repaired, bring it to a repair shop for an estimate of the damage.
Step 8 – Hire a Dallas truck accident attorney to represent you in your case.
HOW THE BENTON LAW FIRM WILL HANDLE THE ACCIDENT INVESTIGATION
Investigating a truck accident can be tricky. There are many factors at play, and various parties could be held liable. We know how to thoroughly investigate these kinds of cases to prove someone else was responsible for the crash, and you should receive adequate compensation for your losses.
Evidence is of the utmost importance. If law enforcement showed up at the accident scene, they have a legal obligation to complete a crash report and submit it to the Texas Department of Transportation. We will obtain a copy and review it to determine their findings and who they believe was at fault.
Other crucial information we can find on the report includes:
Date, approximate time, and exact location of the collision
Name, contact information, and auto insurance for all drivers involved
Vehicle details, such as make and model, VIN, and damage
Names and phone numbers of witnesses
Description and diagram of the accident
Determination of fault
Issued traffic citations
Even if the crash report says someone else caused the accident, that is the investigating officer’s opinion based on what they saw at the scene. It does not necessarily mean the insurance company will agree with their findings. We will need to gather other evidence to support your claim, including:
Statements from witnesses
Accident scene photos
Security video footage of the crash
Your medical records
The truck driver’s qualifications, driving history, and employment history
The trucking company’s hiring practices
Estimates of vehicle damage
Lost wage reports
COMPENSATION AVAILABLE AFTER AN 18-WHEELER ACCIDENT
When a negligent truck driver causes an accident, they have failed in their duty. It is their responsibility to drive with care. By causing an accident, they have created a chain reaction of events that can leave you severely injured and struggling to recover.
Large truck accidents are devastating. Chances are if you’ve been seriously hurt, you aren’t just facing medical bills today; you could be staring them down months and even years into the future. Medical bills, recovery costs, rehabilitation, property damage, time away from work, they all add up and add up fast.
Depending on the situation, you may be entitled to recover financial compensation. Examples of the compensation you may be entitled to include:
Medical expenses – You could be reimbursed for the cost of your past and current medical expenses such as the ambulance ride, emergency room visit, hospital bills, doctors’ bills, and medications.
Future medical expenses – If your accident has left you suffering from injuries that require long-term care or therapy, you may be entitled to compensation to cover your recovery treatment. That could include physical therapy, rehabilitation therapy, and even assistive devices, for example, like a wheelchair.
Loss of income – For many people involved in serious accidents, they need to take time away from work to recover. You may be able to be reimbursed for those lost wages.
Loss of future earning capacity – If you have suffered injuries from the accident that make it impossible to continue working to your full capacity, you may also be entitled to compensation for a loss of future income.
Pain and suffering – An experienced attorney can also help you recover compensation for your pain and suffering following a serious accident.
Mental anguish – Mental and emotional trauma experienced from the crash, such as anxiety, fear, post-traumatic stress disorder (PTSD), depression, and distress.
Physical impairment or disfigurement – Permanent scarring, disfigurement, or loss of use of a body part.
Loss of consortium – Intangible injuries suffered by the victim’s spouse from being deprived of comfort, affection, companionship, assistance, society, or sexual relations.
Wrongful Death – If, unfortunately, you have lost a loved one due to a truck accident, you may be able to recover compensation for their final expenses, medical costs, and loss of your support. It is heartbreaking to lose a loved one, and we can’t make that pain go away, but we can help make sure that you are left with some financial stability.
While all truck accidents have their own unique set of circumstances, there is one universal truth, insurers and trucking companies don’t want you to take their money. They are for-profit businesses, and, to them, it’s their bottom line that matters, not your health and wellbeing.
Their offer will typically be low and not nearly enough to cover all the expenses that may arise following your accident. A knowledgeable lawyer knows how they play their game and can make sure that you aren’t being taken advantage of. Let a skilled Dallas truck accident attorney help your case and hold all responsible parties accountable for their actions.
MOST COMMON CAUSES OF TRUCK ACCIDENTS
Various factors can come into play when it comes to why and how truckers cause serious accidents. However, the trucking company could be to blame if they negligently hire an unlicensed, unqualified, or inexperienced driver. Third parties, such as a parts manufacturer, could also be liable for designing or manufacturing a defective part that malfunctioned.
Some of the most common causes of truck accidents The Benton Law Firm sees include:
Driving under the influence of alcohol or drugs
Fatigued driver
Distracted driving
Inadequate truck maintenance and repairs
Unsafe passing
Speeding
Mechanical malfunctions or failures
Poor weather conditions
Road defects
Improperly loaded cargo
Failure to check blind spots
Inexperienced or unlicensed driver
Tailgating
The Federal Motor Carrier Safety Administration explicitly lays out how truckers and the companies they work for are supposed to account for the safety and security of themselves and everyone on the road. That’s because one mistake behind the wheel of a large vehicle can lead to disastrous consequences. If they violate federal regulations, they could become financially responsible for any injured driver’s or passenger’s expenses.
MOST COMMON TYPES OF TRUCK ACCIDENTS
There are several different types of accidents that a truck driver can cause. Each one is unique and carries its own set of circumstances. The one factor that remains consistent through all types of truck accidents is the devastation left in their wakes. Any type of collision with a large truck can cause serious injuries and massive property damage.
At The Benton Law Firm, we have experience working with all different types of serious truck accident cases. The most common types of truck accidents are:
Jackknife – A truck jackknifes when the trailer and front cab slide towards each other to form an angle. This usually occurs when the truck driver loses control of their vehicle from overloaded cargo, braking too quickly, or maneuvering incorrectly.
Rollover – Commercial trucks are top-heavy and can easily tip onto their sides in certain situations. A driver who isn’t paying attention to where they’re going could end up swerving to avoid a crash but roll the vehicle in the process.
No-Zone Accidents – Also called blind spot accidents. Large trucks have blind spots in front, in back, and on both sides. Drivers must carefully check for cars around them before changing lanes, turning, or speeding up to prevent an accident.
Head-On Collisions – Head-on accidents can be deadly. An 80,000-pound truck that collides with a passenger vehicle can have devastating consequences.
Tire Blowouts – Trucking companies must comply with weight and size limits when loading cargo onto the back of a truck. If they overload the vehicle, it puts more pressure on the tires, which may cause them to explode.
Rear-End Crashes – Tailgating is one of the most common reasons rear-end truck accidents happen. Commercial trucks require more distance to come to a complete stop, and if the driver is following another vehicle too closely, they likely won’t be able to prevent a crash.
T-Bone crashes – Side impact collisions are the result of one vehicle crashing into the side of another. They typically occur at intersections when a trucker runs a red light or stop sign.
Lost Load or Improperly Secured Cargo Accidents – Trucking companies should implement procedures and follow federal regulations when loading and securing cargo onto the trucks. They should utilize the correct number of tie-downs as well as securement systems that don’t contain defects.
Under/Override Accidents – Underride accidents occur when a small car crashes into the back or side of a large truck and ends up underneath. Override accidents result from a truck driver who can’t stop in time and runs over the vehicle ahead.
While this list is extensive, several other types of accidents could occur with an 18-wheeler. If you or a loved one has been injured in a truck accident, reach out to the team at The Benton Law Firm for a free initial consultation. We want to listen to your case and give you the legal advice you need, no matter the circumstances.
OTHER TYPES OF BIG VEHICLE CASES WE CAN HANDLE
There are several types of big vehicles on the road that can cause serious damage if involved in an accident. The Benton Law Firm can handle any of the following large vehicle cases:
Tractor-Trailers
Dump Trucks
Tanker Trucks
Tow Trucks
Delivery Vans/Trucks
Flatbed Trucks
Emergency Vehicles
Construction Vehicles
COMMON INJURIES SUSTAINED IN A TRUCK ACCIDENT
Injuries tend to be serious when a commercial truck and small car collide. The larger size and weight added to the accident can end up causing traumatic brain injuries, paralysis, and permanent mental and physical disabilities to the people involved in the collision.
The most common injuries caused by truck accidents include:
Concussion
Whiplash
Broken bones
Paralysis
Crush injuries
Soft tissue injuries
Loss of limb
Internal bleeding
Traumatic brain injury
Spinal cord injuries
Some injuries don’t heal. You might have to live with ongoing pain or attend physical therapy appointments long after the accident occurs. The Benton Law Firm understands the suffering you were forced to endure due to the truck driver’s negligent actions. Our Dallas truck accident attorneys will aggressively pursue the compensation you need to cover your past and future medical expenses, lost wages, and other losses.
HOW MUCH ARE LEGAL FEES FOR A DALLAS TRUCK ACCIDENT LAWYER?
At The Benton Law Firm, we want our clients to receive quality legal representation that they can afford. Unlike other law firms, we won’t charge upfront fees or costs when you hire us. Our legal fees will come out of the compensation we win from your insurance claim or lawsuit. If we lose your case, you won’t have to pay.
TEXAS LAWS YOU MUST FOLLOW
Filing a lawsuit comes with various laws, deadlines, and other requirements. When you file a lawsuit in Texas, you must follow the statute of limitations. You have two years from the accident date to sue; otherwise, you could lose your right to compensation. If two years pass before you file your case, the court will most likely dismiss your case because you missed the deadline.
There are two major exceptions where you can toll, or extend, the statute of limitations and have additional time to file your lawsuit:
You were a minor at the time of the crash. The two-year statute would not begin until you turn 18 years old.
The defendant left the state before you filed. The statute would start once they return, and their absence would not count towards the two-year deadline.
PURSUING AN INSURANCE CLAIM AFTER A TRUCK ACCIDENT
Texas follows a fault system when it comes to motor vehicle crashes. That means the person who causes it becomes financially responsible for the victim’s injuries, medical bills, and associated losses. Truck drivers carry liability insurance to compensate for an injured party’s damages.
After your truck accident, we will need to determine which insurance carrier they use and request a copy of the policy to determine how much coverage is available. We will file the claim and submit all the evidence we find during our investigation of the crash.
Once the insurance adjuster reviews everything, we will enter into negotiations to come up with a settlement that covers your damages. If the insurance adjuster denies your claim or provides an inadequate settlement offer, we will likely have to file a lawsuit against them and the truck driver.
TRUCK ACCIDENT FREQUENTLY ASKED QUESTIONS (FAQS)
You might have some questions about how to handle your case or the compensation you’re entitled to after an 18-wheeler accident. We have answered some of the most common questions accident victims ask us to help you prepare for the process ahead.
What should I do if I was partially at fault for the accident?
There are times when multiple drivers or parties share blame for a crash. Maybe the truck driver was speeding, but you were also on your cell phone. When you contribute to an accident, it could affect how much compensation you’re entitled to receive.
Texas is a modified comparative negligence state. That means your damages will diminish by the percentage of fault you share. If a jury determines you were 20% liable for the truck accident and your total damages are $100,000, you would only be allowed to pursue $80,000 in compensation.
Who’s liable for a truck accident?
You might think the truck driver would be to blame for a collision since they’re the one driving the vehicle. However, many other parties could be at fault if their negligence leads to an accident. The trucking company could be responsible for your injuries if they hired an inexperienced or unqualified driver. The manufacturer of a truck part could be to blame for providing consumers with a faulty part. We will review your case to determine who should be liable for your losses.
Should I provide a statement to the insurance company?
No. You could unwittingly say something that they can use against you to diminish your compensation. Tell them you hired an attorney, and we will speak with them on your behalf.
CONTACT THE BENTON LAW FIRM
You’ve been struggling ever since the truck accident and want to find a way to move forward with your life. We know how frustrating and overwhelming the legal process can be. When you hire us, we will take over the case and handle each step. During this devastating situation, your only job should be to focus on attending doctor’s appointments so you can recover.
How Are Dallas Truck Drivers Negligent?
Common Causes of Truck Accidents in Dallas
Dallas truck drivers are negligent when they operate their trucks in a careless manner. They put everyone else on the road at serious risk when they don’t follow the rules of the road. Some of the most common ways in which truckers are negligent include the following:
Breaking the law – Dallas traffic laws are in place to keep motor vehicle operators and their passengers safe while they are on the road. Truck drivers violate these traffic laws when they exceed the posted truck speed limits, run red lights, or fail to yield the right-of-way at the appropriate times. When a large truck or tractor-trailer collides with a much smaller vehicle at a high rate of speed, the results can be catastrophic and deadly.
Distracted driving – Driving a tractor-trailer or big rig can be a monotonous job, with drivers often forced to drive for hours on end with very little human interaction. Consequently, there is a strong temptation for truck drivers to make cell phone calls or text while driving—even when it is not safe for them to do so. Distracted driving turns a driver’s mental and physical attention away from the roadway, and at highway speeds of 70 miles per hour or more, that can be a recipe for disaster.
Driving while intoxicated (DWI) – Under the Texas DWI statute, it is illegal for anyone in the State to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more—or while under the influence of drugs. Given the long hours on the road and time away from family and friends, some truck drivers resort to alcohol or drugs. It goes without saying that drugs and alcohol can significantly impair a truck driver’s mental state and reaction time while behind the wheel, potentially resulting in a serious accident.
Cutting curves too sharply – Large trucks and tractor-trailers are very long vehicles. Consequently, they usually need extra room in order to negotiate sharp turns and corners. When truck drivers fail to follow the roadway markings or miscalculate the turning radius at an intersection or curve, serious accidents can result.
Truck Driver Fatigue – When truck drivers in Dallas operate their trucks and tractor-trailers for hours on end, it is very easy for them to become fatigued while behind the wheel. Driving for long hours can also lead to “highway hypnosis” and may even result in a driver falling asleep at the wheel. When that happens, a driver may switch lanes or veer across a double line, striking a smaller vehicle head-on and causing injuries and damages.
Abrupt lane changes – Large trucks have many blind spots and limited visibility. When truck drivers try to change lanes too quickly—or switch lanes without using a turn signal—they can cause serious accidents and injuries.
Failing to assess road and weather conditions – Various factors can affect road conditions in a given area. For example, large amounts of rain can cause hydroplaning or skidding, while roadway repairs and construction sites can create grooved pavement and uneven lanes. When truck drivers fail to acknowledge these hazards while operating their vehicles, they significantly increase their chances of colliding with another vehicle.
Disobeying the state and federal motor carrier regulations – State and federal motor carrier guidelines are in place to regulate everything from tractor-trailer load sizes to load overhang, warning lights, oversized loads, and escort vehicles. These regulations are in place to keep drivers safe and to keep unsafe vehicles off the road. When truck drivers violate these regulations, dangerous accidents can occur.
If you have been injured due to the negligence of a commercial truck driver, the team of Dallas truck accident lawyers and legal professionals at Stewart J. Guss, Injury Accident Lawyers, may be able to help to pursue legal recovery on your behalf.
Common Types of Truck Accidents in Dallas
When truck drivers are reckless and careless, they significantly increase their chances of causing a serious accident. Some of the most common types of truck accidents that occur in the greater Dallas metropolitan area include the following:
