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Keller might be a mostly suburban town, but it is surrounded by highways on major trucking routes. Suburban streets and downtown areas are also subject to risks from other trucks, such as delivery trucks, garbage trucks, and more.
If you were hit by a commercial truck driver, our lawyers can help you get the compensation you need. Many of these cases require us to take the driver’s employer to court, where we can request damages for your injuries, expenses, lost earnings, and emotional distress.
For a free case review, call our truck accident lawyers at The Queenan Law Firm today at (817) 476-1797.
Types of Truck Accident Cases
Our truck accident lawyers represent injury victims in all kinds of truck accident cases:
- Dump truck accidents
- 18-wheeler accidents
- Construction vehicle accidents
- Delivery truck accidents
- Rental truck accidents
- Log truck accidents
- Tanker truck accidents
- Moving truck accidents
- Garbage truck accidents.
All of these cases share something in common: the massive size of the truck often means the victims’ damages are much higher, and the truck driver is often protected. These cases also tend to involve dangerous driving habits, dangerous trucking companies, and maintenance issues or regulatory violations that make the companies and drivers responsible.
Do You Sue a Truck Driver or the Trucking Company?
When truckers are employees of the companies they work for, as opposed to independent contractors, you can often sue the trucking company for what their driver did. You may also be able to sue them directly for their own mistakes.
When a worker is acting within the scope of their work when they commit an act of negligence, the employer is usually responsible in their place. This rule – called “respondeat superior” – often allows us to sue trucking companies or whatever other employer the truck driver worked for.
This potentially means higher dollar damages since the trucking company can afford higher damages than the trucker could. Though insurance often evens this out if the trucker was self-employed or a contractor.
Otherwise, trucking companies are also responsible for vehicle maintenance, regulatory compliance, and hiring/firing drivers. Mistakes in these areas can make companies directly liable, too.
Trucking Regulations that Affect Accident Claims
When a trucking company violates regulations that were put in place to help keep people safe, that violation can supply the grounds of your claim. Many trucking regulations fit this criteria:
- Hours of Service rules dictating driving hour limitations
- Loading rules and weight limits
- Driver health and safety qualifications
- Equipment issues (lighting, tires, brakes, etc.)
- Maintenance requirements
- And more.
Other rules are there to make cases easier to bring when violations occur. For example, drivers and trucking companies are required to log driver hours to make sure they are complying with Hours of Service rules. While failing to keep a log is not itself a violation that could cause your crash, it can show the trucking company was hiding evidence or destroying logs to prevent getting caught for violations.
Common Injuries in Truck Accidents
Our lawyers can help you claim compensation for any injuries you face in a truck accident, but there are some common issues that occur in truck accidents.
Because these vehicles are so huge, they often crush other cars. This can cause broken bones, crush injuries, concussions, traumatic brain injuries, spinal injuries, and even amputations.
Even in crashes where the driver/passenger area is not too damaged, victims face serious head injuries, broken bones, and back injuries. Whiplash is also incredibly common.
Many of these injuries are disabling in the long term or even life-altering, but even the ones that are not can leave you out of work for quite some time.
What Damages Can Injured Trucking Accident Victims Get in Keller?
Victims can often claim full damages for the harms they face in truck accidents. These can include
- Full compensation for medical expenses and other expenses to deal with the injuries and aftereffects of the crash
- The cost of repairing or replacing damaged vehicles
- Any wages they lost now or will lose in the future because of their injuries
- Non-economic damages for pain and suffering (including emotional distress and other harms).
The specific amounts will vary depending on what expenses you paid, what harms you experienced, and what evidence you have to prove these damages. There is no single value assigned to a type of injury – e.g., $500 for a broken arm. Instead, each case needs individualized assessments.
In some cases, additional damages can be ordered to punish dangerous trucking companies for serious violations.
Will Insurance Pay for My Accident?
Most truck drivers and trucking companies have insurance as required by law. This means that insurance can typically cover your injuries up to policy limits. In some cases, we may be able to reach beyond these limits to get additional compensation directly from the trucking company, but this is not typically needed because insurance limits are often quite high.
Your own insurance might have additional coverages that can help with some immediate costs, such as vehicle repairs or medical bills. However, you can sue the at-fault driver and their employer (when possible) to get other damages paid, including pain and suffering.
How Long Does My Claim Take?
Truck accident cases can be hard-fought because trucking companies and their insurance will often put powerful legal teams in charge of cases. Our attorneys can fight back, evening the odds.
Even so, this often means cases need to go to trial if we cannot settle them for a fair value. Taking a case to trial can take upwards of 6 months from the initial injury.
If your case settles, it will often be much faster. Some claims can settle for a fair value as soon as the insurance company sees all the evidence stacked against them. Others need to go through depositions and discovery before the insurance company sees the case is futile and pays up. This can vary greatly.
Our lawyers can help you get an idea of how long your case will take based on your facts and evidence.
Call Our Truck Accident Injury Attorneys in Keller, TX Today
For your free case assessment, call The Queenan Law Firm’s truck accident lawyers at (817) 476-1797.