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Large trucks and 18-wheelers are normal sights to see on the highways around Mansfield. However, when a large truck is involved in a crash, many people may be seriously injured. If you are injured in a truck accident, get emergency help and speak to a lawyer about how to get financial compensation.
You may sue the negligent truck driver, their employer, and possibly additional parties. We must include all defendants in your case to maximize your chances of getting financial compensation. After the accident, call 911 and ask for an ambulance and the police. Law enforcement should thoroughly investigate the accident, especially if it involves serious or fatal injuries. Any evidence the police find may be used in a civil lawsuit.
Request a private, free case analysis from our truck accident lawyers when you call The Queenan Law Firm at (817) 476-1797.
Who May You Sue After a Truck Accident?
We must include all possible defendants in your lawsuit. If anyone is left out by mistake, it might be harder to claim the full extent of your damages.
Negligent Truck Drivers
Many truck accidents are the direct result of truck driver negligence. We must include the truck driver in your lawsuit if we believe they are directly responsible. Common examples of truck driver negligence include, but are not limited to, the following:
- Speeding
- Fatigued driving
- Distracted driving
- Intoxicated driving
Trucking Companies
When a truck driver is determined to be negligent, their employer, the trucking company, may also be held responsible. Under the legal theory of respondeat superior, an employer (i.e., the trucking company) may be held vicariously liable for injuries caused by an employee (i.e., the truck driver) if that employee was acting within the scope of their employment.
Other Drivers
Truck accidents do not happen in a vacuum. Other drivers near the truck may have contributed to the accident. Perhaps a driver in front of the truck attempted to brake-check the truck driver, causing the trucker to swerve into your lane and resulting in an accident. In that case, both the trucker and the driver who committed the brake-check may be sued.
Should You Sue the Truck Driver or the Trucking Company After an Accident?
You should sue both the truck driver and the trucking company if possible. Your injuries are likely severe, and your damages may be very serious. The truck driver might not be able to cover your damages fully. The trucking company, however, is likely to have greater financial resources and may be better able to cover your damages fully.
Can Negligent Truck Drivers Face Criminal Charges?
Possibly. Truck accidents can be severe, and truck drivers might face charges if people are severely injured or killed. Criminal charges will likely apply if the truck driver was under the influence of drugs or alcohol, whether or not anyone was seriously hurt. Whether the truck driver in your case is criminally charged depends on the outcome of a police investigation.
Gathering Evidence to Support Your Truck Accident Lawsuit in Mansfield, TX
We need proof to build your case, and where we find this proof will vary based on the specific circumstances of the accident.
Accident Reconstruction Experts
Since truck accidents are often large-scale and somewhat complex, our truck accident lawyers may employ an accident reconstruction expert. The expert may review facts and evidence from the accident, including police reports, and scientifically recreate how the accident likely occurred. They may testify to their findings and even offer their opinion on who is likely to be at fault.
Medical Records
We need evidence of your injuries. Your injuries may be severe and complex, and your testimony alone may be insufficient to explain them. As such, we should obtain copies of your medical records as proof of your injuries. We can also have a medical expert review your records and testify about the extent of your injuries.
Event Data Recorders
Large trucks today are often equipped with event data recorders, also called “black box devices.” These devices record a whole host of data points about the trucker’s driving. Data about speed, how often the driver hit the brakes, mechanical issues, seatbelt usage, and crash data may all be recorded.
Photos and Video Footage
After the accident, you and others involved in the accident may have taken photos and recorded videos. These recordings may be used as evidence in court, and they may shed light on important details. Once the accident is cleared away, your photos may be all that remains of the accident scene.
Are Truck Accident Lawsuits Worth Significant Financial Compensation?
Sometimes, yes. Truck accidents tend to be more severe than typical auto accidents because trucks are so incredibly large and heavy. When they crash, severe destruction usually occurs. Many truck accidents leave victims with severely debilitating injuries, and some people do not survive.
What to Do Following a Truck Accident
After a truck accident, take the steps listed below to protect yourself from further harm and begin building a legal claim for damages.
Call 911
First, call 911 and ask for an ambulance and the police to be sent to the accident scene immediately. You or someone else at the scene should explain what has happened, whether anyone appears injured, and the overall extent of the accident. Truck crashes are usually serious emergencies, so many emergency responders should be on scene.
Get to Safety
If you can, move to a safe place away from the highway. Before the police arrive to secure the scene, other drivers might not know what to do, or they might try to speed around the accident. Get out of the road and to the side of the highway if you can. If it is unsafe to move, remain where you are and wait for help.
Exchange Information
Exchange information only if you can do so safely. You should speak to other drivers at the scene, including the truck driver, and get names, contact details, and insurance information.
If you cannot safely exit your vehicle or are too badly injured, stay put and wait for help. You can get information from other drivers later from the authorities.
Are You Required to File an Insurance Claim After a Truck Accident?
No. While a truck accident should be covered by auto insurance, you do not have to file a claim. If you file a claim, you do not have to accept an insurance settlement. If insurance does not appear to be helpful or your claim is denied, you can take your claim to court in a lawsuit.
Discuss Your Legal Claims with Our Truck Accident Lawyers in Mansfield, TX
Request a private, free case analysis from our truck accident lawyers when you call The Queenan Law Firm at (817) 476-1797.