Collisions with big rigs are unfortunate outcomes of having to share the road with commercial trucks. Thousands of large trucks move through Texas every day, playing a vital role in the state and national economies. The country needs roadway transportation of cargo, but it often comes at the expense of other drivers. If you or a loved one has been in a recent truck accident, contact Mesquite truck accident lawyers at Fielding Law. The trucking company or another party may be legally responsible for paying your damages.
Crashes involving semi-trucks can be frightening and extremely damaging. You may never fully recover from your injuries and face a lifetime of medical bills and lost opportunities. No two truck accident cases are the same. The factors in a claim can vary greatly. It is important to retain an experienced truck accident lawyer in Mesquite to maximize your chances of obtaining a settlement award or verdict in your favor.
When you retain an attorney from Fielding Law, you enjoy immediate peace of mind. You will no longer have to handle the varied and complex aspects of your claim alone. We will talk with trucking insurance companies for you, take over settlement negotiations, and help you file a personal injury claim. Our experienced team understands the unique details, requirements, and deadlines involved in trucking accident cases. We will help you every step of the way, beginning with a free initial consultation.
When a truck collides with a small vehicle, the damages and injuries can be expensive. In Texas, you have the right to seek compensation for these damages if the other driver was negligent.
Additionally, if your claim is against any government municipality in Texas, you may have as little as one year to file your claim. Claims against certain city or other smaller municipalities can reduce the time to file a claim even further.
To protect your rights, it is advisable that you begin the process of getting legal counsel as soon as possible after your truck accident. A free consultation can apprise you of any possible compensation and advise you what steps you need to take to begin securing the compensation.
At Fielding Law, we have helped dozens of truck accident victims recover for their medical bills, pain and suffering, lost wages, and property damage. We have handled numerous cases and seen all types of trucking accidents. In our experience, we’ve learned to recognize several types of truck crashes that occur more than others. The size, shape, weight, and capabilities of big rigs make them susceptible to certain crashes, including these five:
During driver training, there are certain braking and maneuvering methods that truckers learn to avoid common types of accidents. Failure to carry out these techniques in emergencies can result in preventable crashes. Other common causes include driver incompetence, driver distraction, drowsy driving, badly loaded trucks, unsafe roadways, poor vehicle maintenance, and vehicle part defects. Obtaining compensation for your truck accident comes down to assigning fault and proving someone else’s negligence.
Some of the most common causes of tractor-trailer accidents include:
Large truck accidents can easily cause catastrophic and fatal injuries. The most common injuries in these accidents are fractures, head and brain injuries, spinal cord injuries, and internal damage. When a truck impacts a smaller vehicle, it can crush or completely obliterate it. Passengers inside the lighter vehicle are at high risk of serious injuries – much higher than the truck driver. As an injured victim in a trucking accident, a main step toward obtaining compensation for your serious damages is assigning liability for the wreck.
Trucking companies typically rent their fleet vehicles and use independent contractors as drivers. In the past, these practices safeguarded the companies from liability for accidents. The drivers were their own employers, and the company didn’t own the vehicles. Today, however, federal law has cracked down on trucking companies evading accident liability. Now, injured victims can almost always hold the truck company responsible for crashes that the truck or its driver caused in some way.
You may hold the company liable for a crash in the event of driver negligence, lack of truck maintenance, poor training, failed parts, lost loads, and many other common causes. The company will be vicariously liable for the actions of on-duty employees. It will also cover damages if the company failed to uphold one of its many duties. The Federal Motor Carrier Safety Administration (FMCSA) has hundreds of rules in place for trucking companies, drivers, and others in the industry. Breaking any of these rules, resulting in an accident, could come down to company liability.
There is always the chance that a third party is legally responsible for a trucking accident. For example, if a third motorist ran into the truck, making it crash into you. Third parties may include other drivers, pedestrians, and product manufacturers. If a truck suffers a tire blowout, brake failure, or other problem because of a defective vehicle part, victims may have claims against the product manufacturer. There may be more than one defendant in your particular truck accident claim. Assigning fault and finding the company at fault is just one way an attorney can help you with a claim.
In Texas, the civil court system gives injured truck accident victims a way to recover their damages. While you can file your claim with the trucking company’s insurer, you may also take your claim to court. A trial may be necessary if the insurance company denies your claim or tries to offer you less than your actual damages. There are four main elements necessary to prove a truck or other car accident claim during a personal injury trial:
Proving a truck accident claim can be difficult depending on the circumstances of the crash. You may need to enlist help from expert witnesses such as doctors or professional truck drivers, as well as tap into the driver’s phone records or electronic logging device. Recreating the crash can also help explain how it happened to a judge or jury. An experience auto accident attorney can make all these tasks much easier for injured victims. If you have any doubts regarding your recent truck accident lawsuit, or need help filing a lawsuit, call one of our personal injury lawyers in Mesquite today (214) 661-1537.
Commercial and company drivers make their way through Mesquite daily, delivering shipments, transporting people, and driving to business meetings. One small, careless act on the roadway is enough to cause a serious accident and injuries.
When commercial and company vehicles cause accidents, drivers, employers, and/or vehicle manufacturers may face liability. Fielding Law represents individuals in cases involving all types of commercial and company vehicles.
Commercial vehicles include all vehicles companies use to transport passengers and products. They include buses, taxis, delivery vans, Mesquite 18-wheelers, limousines, ridesharing vehicles, and other vehicles used for commercial enterprise. Company vehicles, on the other hand, are owned by the company and are provided to employees for business activities. Typically, these are passenger vehicles such as cars, pickup trucks, and vans.
In personal injury claims, company vehicles fall into a slightly different category because drivers are acting as employees when accidents occur. Instead of holding the driver of a company vehicle accountable, those injured may pursue claims against the company for its failure to train and oversee driver activities.
Commercial vehicle accident claims, on the other hand, involve professional drivers who must be licensed to operate these specialized vehicles. Because of the size and weight of commercial vehicles, professional drivers must use an elevated level of care when driving to avoid accidents.
These and other nuances set commercial and company vehicle claims apart from standard vehicle claims. After an accident involving a commercial vehicle, you may need the support of a Mesquite car accident attorney to navigate insurance matters and secure adequate compensation for your losses.
Companies that employ commercial drivers and offer company cars to employees hold commercial-level auto insurance to cover liability claims in the event of an accident. Ideally, a company insurer would offer fair compensation to injury victims. Unfortunately, many companies and insurers continually look for ways to keep premiums low and generate maximum profitability. The initial offer you receive may not provide adequate financial support for your losses.
To protect your ability to recover after a commercial vehicle crash:
Texas is a major contender in the national commercial trucking industry. It boasts major highways and thruways that truckers travel to get from one side of the country to the other. Texas employs more truck drivers than all other states in the nation, with 175,780 drivers. Mesquite is one of the most heavily employed regions, with about 34,000 registered large-truck drivers. You can’t drive on Texas’s major highways and many rural roads without seeing at least one big rig. Accident facts for the state and country are as follows:
Texas will continue to be a mainstay in the national trucking industry. The numbers of registered large trucks in the state is on the rise and will only increase further as consumer demands for goods grows. You cannot avoid driving alongside large trucks while navigating through Mesquite and other major Texas cities, so educate yourself about these crashes to lower your risk of becoming a victim.
What Clients say about us:
“Having practiced law on Wall Street, I know a good lawyer when I see one. Mitchell Fielding is a stand out among his peers with an advanced grasp of how to use the law to the benefit of his clients. Equally as important, Mr. Fielding never cuts corners and has earned my trust implicitly. If you’re looking for the right lawyer to represent you, look no further: Mitchell is your guy.” -ALAN LEWIS