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Attorney For Accident With Commercial Truck in Mesquite, TX

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.

What Are the Most Common Causes of Commercial Truck Accidents Relating to Negligence?

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:

  • Driving while fatigued. Truck drivers work extended hours to meet company deadlines and sometimes receive bonuses for early delivery. As a result, they often drive while tired, a habit that lessens their ability to maintain control of the vehicle, prevents them from making safe choices, impairs their overall judgment, and reduces their ability to react on the road.
  • Driving under the influence. Caffeine is not always enough to help drivers combat fatigue. Sometimes they turn to drugs, specifically stimulants, to keep themselves awake for extended periods, making them a hazard on the road.
  • Cargo issues. Commercial trucks are large with a high center of gravity, making it easy for them to tip over or malfunction if the weight distribution is not well-planned. Overloading the trailer or failing to secure cargo properly can cause issues on the road.
  • Poor driving. Unskilled drivers are a hazard on the road. Some common actions resulting in accidents include speeding, failing to slow down on a curb or significant decline, and failing to monitor blind spots adequately.

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.

Who Could Be Liable for a Commercial Truck Accident?

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:

  • The truck driver. Truck drivers typically work under one of two conditions: as independent contractors or employees of the trucking company. An independent contractor owns the truck, and a company employee does not. Independent contractors have more liability than employees. However, either would be responsible if the accident occurred because of a road law violation.
  • The company that owns the truck. Trucking companies are responsible for training and vetting their employees, performing regular truck inspections, and maintaining the trucks in safe working conditions. They could be responsible for an accident if they fail to do any of those things.
  • A third-party maintenance company. Some companies hire a third party to perform truck maintenance and inspections. If they skip an inspection or fail to maintain the truck’s upkeep, resulting in a malfunction and causing an accident, that company would be liable.
  • The loading company. Whatever party loads the truck is responsible if the cause of an accident is a loading issue. For example, the loading company would be liable if they exceed the cargo weight limit and a tire blows, causing an accident.
  • The truck manufacturer. If a truck experiences a mechanical error resulting in an accident, you could file a product liability case against the manufacturing company. However, these cases are often challenging to prove and require the help of an experienced attorney.

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.

What Laws Govern Commercial Truck Accident Cases in Texas?

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 and Federal Trucking Laws

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.

Proportionate Responsibility

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.

What Are the Benefits of Hiring a Commercial Truck Accident Attorney?

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.