Big rigs and semi trucks are on the roads 365 days a year, 24 hours a day. There are over 202,270 truck drivers employed in the state of Texas. In fact, Texas tops the list of the nation’s largest trucking hubs and is home to a significant portion of the freight transportation industry.
The chances of being involved in an accident with an 18-wheeler in Texas are statistically higher simply due to the sheer number of trucks and trucking companies in the state. When other motorists collide with big trucks, the devastating physical and financial consequences are overwhelming.
The Fort Worth truck accident attorneys of Buzbee Law Firm fight for injury victims. We stand up to big trucking companies that don’t want to pay. We have taken on the national trucking companies and recovered significant financial compensation for the victims, and we may be able to help you.
Causes of Trucking Accidents in Fort Worth
Unfortunately, a national shortage of qualified drivers means that seasoned truckers are often pushed to their limit. Inexperienced drivers are pushed into service without proper training, and critical maintenance is delayed. These conditions can often lead to serious accidents and injuries.
Many factors can contribute to a trucking accident, and occasionally, multiple failures can be to blame. Some of the common reasons for a truck accident can be:
- Excessive speed
- Fatigued driving
- DUI
- Excessive caffeine
- Recklessness
- Distracted driving
- Vehicle or parts failure
- Shifts in cargo
There are hundreds of reasons for accidents with big trucks, and the causes should be thoroughly investigated. An experienced truck crash lawyer in Fort Worth will comprehensively evaluate each aspect of the evidence to pinpoint the causes and potentially liable parties.
Enlisting the help of a lawyer ensures that all sources of liability and all potential sources of compensation can be pursued.
For a free legal consultation with a truck accidents lawyer serving Fort Worth, call 844-349-9196
Who Can Be Held Responsible for a Truck Crash in Fort Worth?
So many agencies, governing entities, and organizations are involved in the safety and operation of commercial trucks. When something goes wrong and an accident happens, there can be dozens of factors at play.
Sometimes, it may appear to the victim that determining liability is obvious in a certain case. However, it frequently becomes more complicated than what it appears to be on the surface.
Truck accident lawyers often pursue claims against liable parties that can include:
The Trucking Company or Freight Company
The operators of the trucking company have a responsibility to hire drivers with sufficient qualifications. They must also provide new drivers with the proper instruction and training to become qualified before they hit the road. These drivers must also pass a physical evaluation to prove they are medically fit to operate a truck.
Sending inexperienced and underqualified drivers out in these heavy machines is a recipe for disaster, and the trucking company can be held liable. The company is also responsible for ensuring that safety protocols, and federal and state regulations are met. Drivers are often pushed to drive longer than they legally should in order to shorten delivery times.
Aside from managing drivers, the trucking company is responsible for meeting the federal safety requirements that ensure the safe operation of the truck itself. Failure to perform maintenance or submit the trucks for regular inspections can lead to accidents, leaving the trucking company responsible.
The Owners of the Truck
The person or organization that actually owns the title to the truck may be someone other than the trucking company. In such instances, they might be responsible for maintaining the truck and complying with inspections and regulations.
If the owner of the truck fails to perform the duties that keep the truck safe and legally operable, they can be held liable for a truck accident.
Cargo Handling Services
The weight of a truck’s cargo must be properly loaded in the trailer to distribute the weight evenly. An improperly loaded trailer can result in the cargo spilling or shifting and the driver can lose control. When a load isn’t secured it can cause a sudden change in weight distribution or even fall into the road.
If it can be proven that the load wasn’t properly secured and inspected the cargo loader could be held responsible for the accident.
Manufacturer of the Vehicle or Parts
The manufacturing company of the truck or any components of the truck can be held liable in the event that the parts are found to be defective. When tires, steering mechanisms, gas tanks, or other parts are not made properly, they can fail or prevent the safe operation of the vehicle.
Many times, the mechanics, truck drivers, and trucking companies will follow regulations satisfactorily, however, when faulty parts are involved the manufacturer can be held liable.
If a tire blows out or a brake line is severed, the driver will lose control of the truck and the damage to health, life, and property can be catastrophic. A truck accident lawyer can consult with experts in the industry to learn if the truck’s components could be to blame.
The Truck Driver
The most obvious place people often look to find liability is the driver. While many drivers on the road will operate their rigs with the utmost safety and caution, there are some who don’t. Drivers who are reckless, disobey traffic laws, or drive under the influence can be held accountable for their negligent actions.
Other causes for driver liability include driver fatigue, distracted driving, or following too closely. This is not an exhaustive list, but the attorney involved in your case can advise you of the other factors that may pertain to your specific situation.
When trucking companies learn that their drivers have been involved in a crash, they put their attorneys to work quickly. You can protect yourself from false allegations of liability against you by enlisting the services of a truck accident attorney in Fort Worth as soon as possible after an accident.
Fort Worth Truck Accident Lawyer Near Me 844-349-9196
What Evidence Can an Attorney Gather to Build My Case?
Minutes after a crash, the trucking company attorneys are notified. They may be on the phone to the driver or even be dispatched to the scene to survey the damage and locate any potential liabilities they can find. It’s important to seek legal counsel as soon as you are able when you’ve been in a crash.
Having your own attorney to represent you can be extremely valuable in the collection and gathering of the evidence. Evidence on the scene can be lost, logs can be tampered with, and critical information may disappear when the scene has been cleaned up. Calling a lawyer from the scene if you are physically capable can help to ensure that crucial evidence is preserved.
Taking your own photos and video of everything at the scene is a good idea, as is gathering witness contact information. However, if you aren’t able to do so, a lawyer is your best line of defense and can work your case to keep you ahead of the game.
Some of the critical evidence we gather from a truck accident can include:
Photo and Video Evidence
Any images of the accident or the scene are vital. This evidence can come from your cell phone, dash cam, the other driver’s camera, or witnesses.
Truck Inspection Records
Records indicating the dates of inspections and any failures can be obtained by your lawyer. The failure to have trucks regularly inspected is a violation of federal trucking regulations and can lead to fines, loss of license, and liability for accidents.
Black Box or EDR Info
Trucks are equipped with a device called an event data recorder (EDR) that records speed, travel distance, sudden braking, steering information, seat belt tensioning, times, and other information that may be pertinent to the case. A truck accident lawyer can obtain this information.
Driver Records and Toxicology Reports
If the driver has a spotty record or was under the influence of alcohol, prescription drugs, or illegal substances, your attorney can find out about it from the driver’s history and toxicology reports.
Testimony From Witnesses
Your attorney may have the resources available to locate witnesses. Witness statements and testimony from third parties that were not involved in the crash can be critical to a case.
Police Reports
What the police officer is able to collect and observe at the scene is documented in a police report that can be obtained by your lawyer. The officer can be called to testify to any events or behaviors that were exhibited in the aftermath of a crash.
All this information will be comprehensively examined by your lawyer. A Fort Worth truck accident attorney with our firm will have access to resources that can provide valuable insight into the case.
Your lawyer may work with accident reconstruction specialists, trucking industry experts, engineers, medical professionals, or other experts in various fields to reach a conclusion.
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Can Social Media Postings Be Used in Court?
Yes. The things that you post on social media can be used in court and can potentially be discovered by the opposing counsel or insurance company adjusters. It is critical to exercise extreme caution when engaging with social media channels.
Accidents in general can be shocking events that people wish to share on social media. While you have no influence over what the bystanders and witnesses may post about your truck accident, your actions and your social media activity are within your control.
- Instead of posting images or updates about your accident or your health condition, refrain from publicly sharing these details.
- Call your loved ones personally and ask them to refrain from making any social media references to you or the crash.
- If your friends and relatives would like updates, instruct them that you can only provide this information by text or phone call.
- Do not accept friend requests from strangers. They may be representatives from the opposing party or insurance company reps looking for information to use against you to invalidate your claim.
- Do not delete any posts you have already made. Deleting previous posts makes it look as though you are hiding something.
- Anything you post or delete can and likely will be discovered by representatives of the opposing parties and used against you.
- Anything you put on your social media, no matter how insignificant it seems, can and will likely be used against you to invalidate your claims. Do not post about injuries, pictures of the crash, or any other information.
- No matter how insignificant it may seem to you, the things you put online can be twisted and used to invalidate your suffering and the severity of your injuries.
Even something as simple as your mother posting a positive update can backfire. Something as simple as “John is doing so much better after the crash” can be used to plant seeds of doubt. The best course of action is to avoid posting anything until your case is concluded.
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What Damages Can I Collect After a Truck Accident?
A truck accident attorney in Fort Worth can provide you with a comprehensive calculation of the damages you may be entitled to in your specific case. They can work with economists, medical experts, and other professionals to carefully evaluate the future costs you may incur.
The accurate calculation of damages is critical to collecting sufficient compensation for your injuries so that you are not left with financial burdens that were caused by the accident. The following damages may all be considered in a truck accident lawsuit in Fort Worth:
- Medical bills and cost of future treatment
- Medication costs
- Physical and mental therapy
- Mobility aids
- Vocational rehabilitation if needed
- Transportation for medical treatment and doctor appointments
- Lost wages
- Loss of future wages
- Loss of benefits
- Loss of retirement
- Pain and suffering
- Mental anguish
- Loss of consortium
- Permanent scarring or disfigurement
- Property damage
If the injuries in a truck accident caused the untimely death of your loved one, you may be able to pursue a wrongful death claim. While nothing can replace the person you lost, you can collect financial compensation to recover the financial damages and help you to rebuild your life.
Contact a Fort Worth Truck Accident Law Firm For A Free Case Evaluation Today
If you were hurt in an accident involving a commercial truck, contact the Buzbee Law Firm today. We can hear the details of your case and provide you with the best legal options available to recover your losses.
Our Fort Worth truck accident lawyers work on a contingency fee basis, so there is no obligation or cost to learn more about what we can do for you. We do not accept any payment unless we win your claim or recover a settlement, so there is no risk to you.
Call or text 844-349-9196 or complete a Free Case Evaluation form