If you recently suffered severe injuries in a commercial truck accident caused by another party’s careless behavior, you may have questions about the legal avenues to help you recover compensation. The financial, physical, and emotional damages can be devastating and life-altering. However, a truck collision attorney will listen to the details of your case, protect your rights, and guide you through the complex legal process. You should not have to face these burdens without the help of a legal expert.
At any part of the day or night, you can find commercial trucks on the roads of Texas. Nationwide companies invest millions of dollars in the trucking industry to ensure the distribution of products. As a result, there is a significant amount of pressure placed on truck drivers and trucking companies to make timely deliveries, which is the primary cause of many errors on the road. Some common examples of truck accident causes include:
Sometimes there are other contributing factors as well. For example, inclement weather, such as rain, snow, and ice, can exacerbate the dangers of speeding or making improper turns. Part of a truck accident attorney’s job is to investigate your case and determine the cause of the accident and who is responsible.
A component of commercial truck accident cases that makes them unique among auto accidents is the question of liability. In a collision between standard passenger vehicles, one or both drivers are at fault. However, in a truck accident case, multiple parties could be responsible if the truck caused the accident. They include:
Liability is the foundation of a tort lawsuit. As the plaintiff, you must provide sufficient evidence to support your liability claim. This can be challenging in a commercial truck accident case, even for a seasoned attorney. Consult with a lawyer about the details of your case to ensure you have the best opportunity to recover all your losses.
The commercial truck industry is regulated at the federal and state levels. Violations of these laws are common elements in liability determination. Additionally, the court considers all potentially responsible parties, including the plaintiff. Should you be even partially responsible for the accident, it will affect your compensation.
State trucking laws typically govern speed limits and sleep requirements. For example, Texas truck drivers must get a minimum of either consecutive hours off duty, eight consecutive sleeping hours, or a combination of both before returning to the road after a 12-hour shift. In addition, federal laws govern trucking company standards, maximum hours of service a state can allow, and the maintenance of logbooks on the road. Violations of these laws could render the driver and the company responsible for an accident.
Texas applies a rule of proportionate responsibility, also known as modified comparative negligence, to accidents with shared fault. This rule states that the plaintiff’s compensation will be reduced by an amount equal to their percentage of responsibility, but that percentage cannot be more than 50%. For example, if your total damages equal $60,000 but you are 10% responsible for the accident, you will only receive $54,000. However, if you bear 55% responsibility for the accident, meaning you are more at fault than the truck driver, you cannot receive any of the $60,000. If you have questions about liability in your case, you will benefit from talking to a truck accident attorney about your potential for recovering compensation.
Truck accident victims face devastating losses after a collision, and such substantial losses often require litigation to help them recover compensation for everything from medical bills and lost wages to emotional distress and loss of life’s enjoyment. If you face these terrible circumstances in the aftermath of a truck accident caused by someone else’s carelessness, a truck accident attorney can lift the legal burden. As your representative, they negotiate a fair settlement, communicate with the insurance company, file all the paperwork, investigate your accident, and gather the evidence you need to support your claim and accurately value your losses. You have the right to navigate the legal process on your own. However, you do not need to do so. A truck accident lawyer works on contingency, meaning they offer their services at no upfront charge and only receive a payment when your case concludes.
At Fielding Law, our truck accident attorneys know the stakes when they accept a case. We will fight to protect your rights and ensure you have everything you need to get a fair settlement as quickly as possible. Our commitment is to provide our clients with aggressive legal representation and compassionate personal understanding. Contact Field Law today and schedule your free case evaluation. You will speak directly with an experienced truck accident attorney who wants to hear all the details of your case and start helping you immediately.