Dallas, TX 18-Wheeler Accident Lawyer
The average driver hates driving next to trucks. Trucks often make sudden movements, cross the lines between lanes, or simply make other drivers nervous because of their huge size and weight. Many of these fears are appropriate, as any 18-wheeler accident victim would understand. The injuries you face in an accident involving an 18-wheeler can often be far more severe than car accident injuries since a truck can cause much more damage in a crash with a sedan or SUV than another car would.
If you or a loved one was hurt in an accident involving an 18-wheeler in Texas, contact the Dallas 18-wheeler accident attorneys at The Queenan Law Firm today. Our injury lawyers have been handling trucking accidents and auto accidents on behalf of victims for decades, and we may be able to take your case as well. To schedule a free legal consultation on your case and learn more about the financial compensation you may be entitled to, contact our law offices today at (817) 476-1797.
Common Causes of Trucking Accidents
Trucking accidents can occur under several circumstances. In some cases, a truck accident could be the fault of the driver, or in other cases, there could be several factors that may determine liability. The following is a list of common causes of trucking accidents.
Truck Tire Blowouts
A tire blowout is when a tire suddenly explodes or disassembles for any number of reasons. One possible cause of a truck tire blowout is the overloading of a tractor-trailer.
When loading a trailer for an 18-wheeler, a company should be mindful of the maximum weight limits for the vehicle they are loading. Unfortunately, some trucking companies will fail to follow weight guidelines to carry more items in a trailer. As a result, there ends up being excessive weight being placed on the tires of a truck, which can cause the tire to explode and the tire tread to separate from the frame of the tire.
A tire blowout may also occur under other circumstances. For example, if a truck driver is traveling at a high rate of speed and fails to avoid a deep pothole or debris in the road, this could create a hole in the tire leading to a tire blowout. When a tire blowout happens under these circumstances, it is extremely dangerous for any vehicles next to the 18-wheeler. If the truck driver loses control of the vehicle, the truck can spin out of control or jackknife and collide with several vehicles in the area.
Truck Driver Error
Truck drivers should be adequately trained to respond to various problems that may occur while they are on the road. However, some truck drivers could fail to follow procedure when operating an 18-wheeler.
One dangerous scenario that can cause a trucking accident is when a driver works longer hours than they are legally permitted to work. The driving schedule of a truck driver is heavily regulated to prevent a driver from exceeding their work hours. This is primarily to prevent fatigue and the danger of having an exhausted truck driver behind the wheel. Unfortunately, some trucking companies may neglect following hour guidelines to earn additional profits from their workers. When any driver is too exhausted to be on the road, the potential for a devastating accident increases significantly.
Under some circumstances, an 18-wheeler accident could be caused by a manufacturer error. For example, if a tire manufacturer constructed a defective line of tires and those tires malfunctioned while in use, the manufacturer could be held responsible for their negligence.
It is important to note that there are multiple parties that can be held liable when a trucking accident occurs. As mentioned, a manufacturer could be liable if they provided defective auto parts. The employer of the truck driver could also be held liable if the accident occurred when the driver was working on their behalf. This is referred to as vicarious liability.
If you were involved in an accident with an 18-wheeler and you wish to file a lawsuit, you should continue reading and speak with an experienced Dallas trucking accident lawyer.
Suing a Trucking Company for 18-Wheeler Accidents in TX
If you were injured in an accident involving a large truck, you might be able to take the driver to court for compensation. However, truck drivers may not have the assets to cover severe injuries and damages. To have your injuries covered in full, you often need to file your claim against both the driver and the trucking company that operates the truck.
Trucking companies are responsible for the negligent actions of their drivers. Typically, when an employee injures someone because of negligence related to their job duties, you can hold their employer responsible for the harm they caused. This means that you can typically sue truck drivers for accidents that their drivers cause.
To prove that the trucking company should pay damages, you must prove that the truck driver was responsible for the crash. This typically means pointing to traffic laws or trucking regulations to prove that the driver did something wrong. If the driver was speeding, under the influence of drugs or alcohol, or if the driver violated another safety regulation, you may be able to use that as proof that they were at fault for the accident. If you can prove that they were, the trucking company or their insurance company may be required to pay on the driver’s behalf.
Trucking companies may also share a portion of the blame in their own right. If the shipping company put an 18-wheeler on the road that had maintenance problems or was not serviced properly, the trucking company may be responsible for accidents caused by tire blowouts and other dangerous equipment problems. They may also be directly responsible for the accident if they hired a dangerous driver or a driver that failed to meet safety qualifications. Putting a dangerous driver on the road is negligent and likely to cause injuries that the trucking company should be liable for.
Compensation for Truck Accident Injuries in Dallas, TX
When you sue a trucking company for injuries after a truck accident, you can typically claim financial compensation for any harms you faced because of the accident. In the case of a truck accident, this may include compensation for your vehicle damage, but the more important damages are the ones related to your physical and mental well-being.
Damages for medical expenses are quite common after a truck accident. Emergency medical care is often necessary to treat injuries, and severe accidents may require surgical intervention, ongoing medical care, physical therapy, and other costly medical bills. You can typically claim these bills as damages in an injury lawsuit against a trucking company.
If your injuries are severe, you may be unable to return to work for quite some time. The wages you lose because of your injury mean that you and your family need an alternate source of income to support you during this period. The wages you lose because of truck accident injuries can often be claimed, as can any reduced earning capacity the injuries caused.
The other common type of damages you can claim in a lawsuit are damages for pain and suffering. These damages are separate from the medical expenses and are paid directly to you to help make up for the physical pain and mental and emotional suffering that you faced because of the accident. These damages are typically unavailable in an insurance claim, so it is important to talk to an attorney about suing in your case since these damages can be one of the most substantial areas of damages you claim after a tractor-trailer accident.
Call Our Dallas 18-Wheeler Accident Lawyers for Help with Your Injury Case
The Queenan Law Firm’s Dallas 18-wheeler injury attorneys represent the victims of truck and tractor-trailer accidents in cases against the at-fault driver and the trucking company that hired them. If you or a loved one was injured in a trucking accident, it is important to take your case to a personal injury lawyer for help understanding how much your case might be worth and how to pursue the damages you deserve. To schedule a free legal consultation, contact our law offices today at (817) 476-1797.