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Mesquite, TX, is a busy suburban area where commercial motor vehicles pass through regularly moving goods across the state. Unfortunately, mixing trucks and passenger vehicles in crowded areas is a bad combination. According to data from the Texas Department of Transportation, an accident causing injury to an individual occurred every two minutes and twelve seconds on state roadways in 2021. A number of those injuries were caused by the careless actions of truck drivers, either speeding or driving recklessly.
If you are injured in an accident in Dallas or Kaufman counties, you need an attorney who holds a negligent truck driver accountable. The attorneys at Fielding Law know local and state laws in Texas that apply to your case and are skilled personal injury attorneys.
Texas is a bustling business hub that has experienced incredible growth in recent decades. The metro areas have outgrown infrastructure designed for other times. Road capacity remains primarily unchanged, despite many more drivers. These are some significant reasons why truck accidents occur in the Mesquite area.
Mesquite, TX, is located only 14 miles east of Dallas. While there is less traffic in the city proper than in surrounding areas, several major thoroughfares pass through, including the 635 loop that bypasses Dallas and meets up with interstate 80. This puts a lot of truck traffic in proximity to Mesquite. Consequently, the greater metro area around Dallas has significant traffic problems and accidents as an extension of the traffic flowing from Big D.
Truck drivers are bound by federal regulations and traffic safety laws to act in the best interest of other drivers. Unfortunately, truck drivers break laws all too frequently, endangering you and your passengers. These are serious infractions for which truckers can be held liable:
While some issues related to driver liability are straightforward, others may require in-depth research to prove negligence. Additionally, liability designations (no matter how clear) rarely go unchallenged by insurance companies who want to avoid paying a substantial settlement. You need an attorney who is not afraid to dig in and find the legal grounds to make defendants accept their rightful responsibility for causing harm.
Interstate 35, which runs through Dallas County and near Mesquite, is well-known as a dangerous highway. Speed and congestion are significant factors, as trucks and passenger vehicles often travel faster than posted speed limits leaving little room for error.
Truckers on the highway engage in risky actions, such as driving too close to other vehicles. To make time, they can become aggressive, trying to crowd out passing vehicles or using their rigs to force drivers out of their way. It is a recipe for disaster when high-speed collisions occur.
In a 2022 car insurance study, Texas tied with New Mexico for having the country’s worst drivers. When it comes to determining responsibility for an accident, this issue makes the process much more difficult when accidents occur around Mesquite, TX. You need an attorney that is practiced at handling issues surrounding liability. These are ways having legal help matters to your case.
One of the first issues to arise from a truck accident is an insurance company hounding you to settle. Most victims aren’t prepared for insurer tactics or the relentless calls. If you speak with a representative, it’s a considerable risk. What may seem like an innocent phone call on your part is a fact-finding mission on theirs. They are searching for reasons not to pay. If you admit to anything, they will use the information against you.
If an insurance company knows they need to settle for some amount, they typically go low and hope you will accept. With a truck accident, wrapping up a claim as soon as possible may prevent them from paying a larger sum when the full details of your injuries come to light.
You have no legal right to recover damages without proving your claim has merit. At your initial meeting, an attorney establishes the strength of your case. Four elements set the high bar for a personal injury claim:
Your claim needs to have sufficient evidence to support it. An attorney will develop your case by investigating and gathering information that puts you in good legal standing in negotiations or litigation.
Liability is a critical factor in a personal injury lawsuit because damage awards on based on the percentage of an individual is at fault in an accident. Each state has a fault system they follow when determining damages. Texas uses the modified comparative fault system, which includes the 51% rule.
You must be less than 51% at fault in an accident to seek a recovery. Damages in a case are split based on each party’s assigned percentage of fault. In all accident cases, it can be difficult to determine liability. Assigning fault is more of a challenge in truck accident cases if there are multiple liable parties.
You may bear some responsibility for your injuries. Even if you aren’t partially liable, other parties will do their best to shift blame toward you. An attorney works with insurance companies to negotiate the apportionment of fault. If your case reaches a courtroom, fault assignment is decided by a jury.
Seeking a legal remedy for your injuries is your right when a negligent truck driver hurts you. Compensation for injuries is more than recovering economic losses. Truck accidents take a severe emotional toll on victims. Your attorney fights for fair compensation that includes damages related to pain and suffering, which is a devastating outcome of serious injury.
Fielding Law is ready to take on your truck accident case. Residents in and around Mesquite, TX, need a trusted law firm to fight for them when personal injuries upend their lives. You don’t need to wait to talk with us because we have someone standing by to hear from you 24/7. It is essential to consult with a lawyer before taking any other action, especially before speaking with an insurance representative. Your chance for a recovery could be jeopardized even when you make unintended misstatements.
If you have a case and decide to work with us, we handle all communications for you. We make sure insurance companies deal fairly and don’t hesitate to take your case to court if a just resolution can’t be reached. Contact us today for a free case evaluation. We want to help.