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Car Accident
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Accidents involving commercial trucks can have devastating consequences, especially for people in standard passenger vehicles or pedestrians and motorcyclists. The injuries are often severe, leaving victims with substantial physical, financial and emotional losses. The civil legal system in Mesquite, Texas, allows you to seek compensation for your losses. Still, the process can be overwhelming for someone with little experience in tort law, especially while healing from injuries. That is where a truck accident lawyer can step in to help.
You can legally represent yourself in a truck accident claim or lawsuit, but that could mean going up against a large company with seemingly limitless legal resources. A truck accident lawyer has experience working with victims under the same circumstances and will handle all the tedious work it takes to build a solid case while you shift your focus to healing and getting back to your previous life. Additionally, what differentiates a truck accident case from a standard auto accident is the potential for complications in determining liability, an issue you may need an attorney to work through.
Texas follows a no-fault auto accident policy. This means the party responsible for the accident is also liable for damages. Therefore, the first step in seeking compensation is identifying the party responsible for your losses. In a truck accident case, that could be the truck driver, the trucking company or a number of third parties, including the cargo loader, the truck manufacturer or an outsourced mechanic. Consider each party’s responsibilities and how they relate to your accident.
The truck driver from your accident owed you a duty of care, meaning they had a responsibility to obey traffic laws and ensure their actions were reasonably safe for the road. If they violated a traffic law and caused an accident, they could be liable for damages. For example, speeding, driving under the influence and driving while fatigued are common causes of truck driver negligence.
Independent drivers have even more responsibility than drivers directly employed by the trucking company. For example, a contract driver typically owns the truck and is responsible for inspections and maintenance. Failure to uphold those duties could result in an accident, making the driver liable.
While the truck driver may seem like the most apparent party to blame, sometimes a driver’s negligence falls back on the trucking company that employs them. Some examples of the trucking company’s responsibilities include the following:
If the company fails to comply with these duties and the result is an accident, the trucking company would be liable for the victim’s damages.
If the trucking company outsources maintenance responsibilities to a third-party mechanic, the liability falls on that person or company if an accident caused by a mechanical issue occurs. For example, suppose the mechanic tried to save time and money by skipping a routine tire change during maintenance, and the truck driver loses control after a blowout, causing them to crash into another vehicle. In that case, the mechanic would be liable for damages.
A defective part or system in the truck could cause the driver to lose control and wreck. If you can trace the malfunctioning part to a defect in the design or assembly, you could file a claim against the manufacturer. For example, suppose the braking system fails on a commercial truck, causing the driver to rear-end another vehicle, your attorney would likely investigate why the brakes failed. It could be worn brake pads the mechanic did not change during maintenance or the company ignored during an inspection. It could also be a defect in the system’s design, which would make the manufacturer responsible.
Product liability cases can be complex, primarily because several parties play a role in production. Therefore, pinpointing an at-fault party can be challenging. As a result, hiring an experienced attorney is nearly always necessary.
Consider the cause of your accident. Did it have anything to do with the truck driver’s trailer or the cargo? If the answer is yes, the party responsible for loading the truck could be liable for your losses. The Federal Motor Carrier Safety Administration set strict cargo regulations, including weight limits and security mandates. Violating those regulations is a safety hazard.
For example, an overweight trailer puts additional pressure on the wheels, causing premature wear and tear and increasing the possibility of blowouts. Improperly secured cargo can shift inside a closed trailer and cause the driver to lose control or spill onto the road and cause accidents. The cargo loader could be the truck driver, their employer or a third party.
When you hire a truck accident lawyer, they take on the role of representative, meaning they act in your place during the entire legal process. Some tasks they perform that make it worth hiring a truck accident lawyer in Mesquite, Texas, include:
Most auto accident cases, including truck accidents, settle outside the courtroom. In general, companies prefer to avoid extended legal battles that cost them money and could damage the company’s reputation. How swiftly a case concludes often depends on the strength of your claim backed by solid evidence.
Perhaps the most apparent benefit of hiring a truck accident lawyer is their experience identifying and valuing damages, especially non-economic losses. As the plaintiff, you are responsible for providing evidence to support your claim for damages, and non-economic losses can make up a substantial portion of your overall claim.
For example, pain and suffering is a non-economic loss characterized by your physical and emotional pain. Your attorney would likely use the multiplier method to determine how much the defendant owes you for the pain you endured. In practice, the multiplier method allows you to recover as much as four or five times the value of your medical bills. With the help of an attorney, you can ensure you have solid evidence to prove your right to that compensation.
You can contact a truck accident lawyer when you are ready to file your claim or lawsuit. There is no time too early. A Fielding Law, we help personal injury victims reclaim their losses, hold the negligent party accountable and get their lives back as soon as possible. You do not have to face a difficult insurance company or a large trucking company on your own while healing from devastating physical and emotional wounds. Contact us at (877) 880-4090 to schedule your free initial consultation. Our phone lines are open 24 hours a day, seven days a week.