Commercial trucking accidents are more complex than passenger car accidents. The legal issues involve in-depth knowledge of regulations surrounding state and federal agencies, insurance, and trucking industry safety standards.
This system of comprehensive state, local, federal, and industry safety standards regulates the entire industry, and any single one of these issues can impact your claim. Without the expertise to navigate these extensive laws, achieving the desired results can be challenging.
Buzbee Law Firm’s truck accident lawyers in Dallas have extensive experience helping the victims involved in big rig accidents. We have the resources to stand face to face against the industry’s biggest companies. If you have been injured in an 18-wheeler truck crash, we may be able to help you.
A Dallas Semi-Truck Accident Attorney Protects Your Claim Every Step of the Way
After a commercial trucking accident, the lawyers are deployed. Attorneys for the trucking company and the insurance company are notified to begin the work of reducing their liability. They may have investigators on the scene before injury victims have reached the hospital.
The work they do in the early minutes and hours after a truck crash is to protect the assets of the companies involved. It is possible that unscrupulous activities or confusion at the scene can take place, and evidence can be altered or disappear altogether.
Seeking legal counsel as soon as possible after a crash can ensure your fair treatment. A Dallas semi-truck accident lawyer will begin by sending a spoliation letter to remind the opposing party that tampering with evidence violates the law and that your legal team is watching.
For a free legal consultation with a semi-truck accidents lawyer serving Dallas, call 844-349-9196
Trucking Accident Claims We Handle
Texas is a major trucking hub for the United States, but other trucks that regularly travel the roads of Dallas to keep business moving can cause just as much damage as an 18-wheeler. We can help victims with claims involving collisions with:
- Steel trucks
- Garbage trucks
- Fuel trucks
- Concrete trucks
- Logging trucks
- Dump trucks
- Moving vans
- Tanker trucks
- Tow trucks
- Coal trucks
- Construction vehicles
- Package delivery trucks
Our firm has engaged in litigation with the biggest corporations, freight companies, petroleum companies, insurance companies, and government entities, often with record-setting results.
Our semi-truck accident lawyers in Dallas remain committed to standing up to big business when they won’t pay their fair share. We work hard to obtain justice by seeking the maximum compensatory damages possible on behalf of injury victims.
Dallas Semi-Truck Accident Lawyer Near Me 844-349-9196
What Comes Next? Where a Lawyer Begins After a Semi-Truck Accident
You may be wondering how the claims process works and what to expect when you begin working with an attorney. Here is a brief overview of the process.
Gathering the Evidence in a Commercial Truck Accident Case
Your Dallas semi-truck accident lawyer may begin by working to determine who is at fault for the crash and identifying the sources of liability. This is all a part of the discovery process which includes gathering evidence such as:
- Photos and videos from cell phones, dash cams, traffic cams, and the scene
- Witness reports and statements
- Accident reconstructionist testimony
- Medical records and toxicology reports of the driver
- Review of trucking laws and guidelines for the area
- The police report
- Truck Inspection records, driver log books
- Electronic data recorder (EDR) Black Box data
- Records of the trucking company’s previous violations
- Physical evidence from the scene, for example, damaged truck components
The Next Steps in a Truck Accident Claim
Most claims will begin by filing a claim against the trucking company’s insurance company. However, some cases can warrant the filing of a personal injury lawsuit. In both cases, the remaining steps will generally be the same.
Following the discovery process and evidence gathering, your attorney will:
- Conduct a complete evaluation of the damages in your claim
- Deliver the injury demand letter
- Begin negotiations with the insurance companies or opposing counsel for a settlement
- Take your case to trial if a satisfactory settlement is not reached
Your attorney will develop a legal strategy and work to resolve the issue as efficiently as possible while working to maximize the compensatory damages you receive.
Common Semi-Truck Accident Causes and Negligence
Negligent behavior by trucking companies, drivers, maintenance providers, and manufacturers often leads to accidents. Negligence can be considered a factor in an accident when:
- Trucking or fleet management companies fail to submit to regular inspections
- Drivers do not perform daily inspections or reveal problems with the truck to the company
- Maintenance is not performed regularly or it is performed incorrectly
- Freight companies or loading services fail to secure and inspect loads properly
- Trucking companies force drivers to submit to delivery schedules that push their driving times beyond the legal limit
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Trucking Industry and Federal Guidelines Investigation
The trucking industry provides very strict and clear guidelines to protect motorists and truck drivers on the road. These federal and state laws add complexity and often require careful consideration and review by your lawyer.
It’s important to understand the potential violations of these regulations in order to identify the true sources of liability and to present the right evidence and legal arguments to defend your claim. Most car accident lawyers will not have any experience with these laws which can negatively impact your claim.
A semi-truck accident attorney in Dallas will have an in-depth familiarity with the application of these regulations to your case. They can examine these guidelines, laws, and regulations to determine the violations that occurred and assign liability.
Who Can Be Held Liable for Your Injuries in a Dallas Truck Accident Claim?
Trucks are massive machines with hundreds of moving parts, and the organizations that orchestrate the safe movement of these machines are equally complicated and elaborate.
There can be at least a dozen people involved with the operation of a single truck, and when one part of the team fails in their duties, serious accidents can happen. It’s not unusual for many parties to share liability for a semi-truck accident, so you may be facing multiple defendants.
The liable parties can all be insured by different companies, and each defendant will have their own lawyer or legal team. This is why it is crucial to have legal representation from a law firm with the experience and resources to handle your claim.
Your Dallas semi truck accident lawyer may identify one or more of the following as potentially liable parties in your accident:
Freight and Trucking Companies
Trucking companies are legally bound to vet their drivers to ensure they have the proper qualifications. They are also expected to provide reasonable training for operations and safety. If they fail to hire qualified drivers or provide them with sufficient training, they can be held liable.
Further, many companies are held liable for failing to perform regular maintenance and inspections or forcing drivers to forego federally mandated breaks. Unsafe trucks and enforcement of schedules that result in driver fatigue are negligence and they can be held accountable for an accident.
There is a huge personal responsibility involved when a driver agrees to transport a massive vehicle that can weigh up to 80,000 lbs. If the driver engages in reckless behavior, drives under the influence, becomes distracted, or fails to obey traffic laws, they can be liable for your accident.
The Truck Owners
Some companies contract their trucks or lease them from a company that owns a fleet. These fleet rental services and truck owners could be held liable for an accident if they don’t take the proper actions to ensure that their fleet is legal and safe.
Defective parts can sometimes come into play if the manufacturer fails in their duties to ensure that the components of the truck are free of defects. Fuel line ruptures, trailer connection part malfunctions, brake failures, defective tires, or steering issues can all cause accidents.
Even though the maintenance was performed correctly and the trucking company did everything right, the manufacturer of the parts may be to blame.
Cargo Loading Services
Cargo loaders can load the truck unevenly or fail to secure a load. This can result in a weight shift that causes the driver to lose control. Cargo that is not secured properly on an uncovered trailer can spill onto the road or even crush cars in the vicinity.
Load shifts and cargo losses that can be attributed to unsafe loading practices can be considered negligence on the part of the loaders.
The sole focus of defendant attorneys and insurance adjusters is to reduce their liability. In the immediate aftermath of a commercial trucking crash, they will look for any possible way to divert liability to other sources and may try to pin the blame on you.
Your rights and interests can be protected with the help and counsel of a Dallas semi-truck accident lawyer.
Dallas Semi Truck Accident Attorneys Can Help You Take Legal Action to Get the Compensation You Need
There is no financial cap on damages for a truck accident injury claim in the state of Texas. You are legally entitled to pursue compensation for any and all damages you incurred as a result of the crash, and a lawyer can help you to ensure your damages are properly accounted for.
Damages considered in a semi-truck accident in Texas include:
- Medical expenses for current and future treatment
- Disability and loss of enjoyment of life
- Property damage, replacement or repair of your vehicle and property
- Pain and suffering
- Loss of wages, loss of future earning capacity, loss of benefits and retirement
- Emotional distress and mental anguish
- Loss of consortium
A semi-truck accident lawyer can be a valuable ally to preserve your claim during negotiations and in court. The defense may raise questions about the degree of liability or the insurance company can question the severity of your injuries in an attempt to reduce their payout.
These arguments can put the value of your claim at risk. A seasoned attorney who understands the complexities of semi-truck accident claims can validate your claims and defend your rights. They can work to ensure that the liable parties are correctly identified and held responsible.
Statute of Limitations in Truck Accident Cases in Texas
Don’t wait too long to file a claim for a semi-truck accident case. There is a limited time to file a claim or settle a case out of court, and missing these deadlines can bar you from collecting any compensation.
The statute of limitations in Texas is 2 years for a personal injury claim per Texas Civ. Prac. & Rem. Code section 16.003. Certain circumstances may prevent you from collecting before the deadline, such as the insurance company dragging the claim out or refusing to answer calls.
A Dallas semi-truck accident lawyer can help to ensure that the insurance company cooperates and that you don’t miss this legal deadline.
Start Working on Your Claim With a Dallas Semi Truck Accident Law Firm Today
The legal process is daunting, especially when you find yourself facing a team of attorneys. Many injury victims don’t have the mental or physical energy after an accident to do the necessary amount of work for a successful outcome.
The truck accident attorneys of Buzbee Law Firm understand the challenges you are facing. We can help to alleviate some of the pressure in your situation and review the details of your case and advise you of your legal options for free. Contact us today to schedule an appointment.
Our attorneys work on a contingency fee basis, so no money needs to leave your pocket. Injury victims are often under extreme financial pressure, and we can provide legal help without adding to the problem. There are no fees due unless we recover financial compensation on your behalf.