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We are so used to seeing large trucks on the highway that we often forget how dangerous they can be in the event of a crash. You and others may be grievously injured, and your injuries might affect the rest of your life. You should get help from a lawyer and seek fair financial compensation from those responsible.
Truck accidents are often large and complex, and it may be difficult to determine who is to blame. In many cases, truck drivers, their employers, or other drivers on the road are responsible. While you can file an insurance claim, your damages could exceed policy limits, and a lawsuit may be necessary to recover the full extent of your damages. Your damages should account for your injuries, medical costs, property damage, pain, suffering, and more.
Talk to our truck accident attorneys with The Queenan Law Firm by calling (817) 476-1797 and ask for a free case review to begin.
Who You Can Sue for a Truck Accident
Various people or entities may be responsible in a truck accident case, and your attorney can help you determine who should be included in your lawsuit.
Truckers
Truck drivers are often the direct cause of truck accidents, as trucker negligence is one of the most common causes of collisions. The truck driver may have been speeding, distracted, or even intoxicated when the accident occurred. Our truck accident attorneys may rely on police investigations and our own investigative work to determine exactly what went wrong.
Truckers often keep logs and records of their driving, and these records may shed light on what they were doing in the lead-up to the accident.
Trucking Businesses
If the trucker negligently caused the accident while in furtherance of their normal job duties, which is a common scenario, their employer may also be held liable.
According to the legal doctrine of respondeat superior, an employer may be held vicariously liable if an employee negligently causes injuries during the normal course of their work. It is usually a good idea to include trucking companies, as they may have greater insurance and financial resources to cover your damages.
The trucking company might not be responsible if the trucker was doing something unauthorized, on their own time, or criminal. Speak to your attorney if you believe something like this happened in your case.
Other Drivers
The trucker might not be the only driver responsible for the accident. Often, other drivers did something negligent, too. Perhaps another car recklessly cut in front of the truck, and the truck driver had to swerve to avoid a collision because they were speeding. Both drivers may be held responsible in that case.
Determining if other drivers contributed to the crash may require additional investigation. Sometimes, other drivers keep driving without realizing they caused a crash, and we may need law enforcement’s help to find them.
Damages Available in Dallas Truck Accident Cases
Damages may vary greatly from person to person, and accounting for all your damages is harder than you think. An attorney should help you make sure everything is accounted for, so you do not lose compensation.
Economic Damages
Your economic damages revolve around the monetary costs of the truck accident. One of the biggest contributors to these damages is medical bills. Injuries from truck crashes tend to be severe, and injured victims often need extensive treatment. Even if health insurance covers much of your costs, you might still face high deductibles.
Severe injuries may require long-term care, especially if you are dealing with severe medical complications. As such, our truck accident lawyers may estimate your future medical expenses and add them to your claim.
We must also think about your property damage. Your vehicle might be totaled, and you might have lost valuable personal belongings that were inside your vehicle. Take stock of everything you lost, and we can add their value to your damages.
Non-Economic Damages
Many damages are not proven through money but by how they impact your overall life, health, and well-being.
Non-economic damages may include significant psychological trauma. A truck accident may be catastrophic, and victims often live with deep psychological injuries. Many experience PTSD-like symptoms, depression, panic disorders, and other mental conditions.
You may also claim damages for the bodily pain and long-term medical complications you endure. Significant pain, especially long-lasting pain, can take a serious toll on your mind and health. On top of that, permanent scarring, disfigurements, or disabilities may cause severe emotional turmoil that deserves substantial compensation.
Exemplary Damages
In rare cases, the court may award exemplary damages to punish the defendant for especially egregious actions.
Under Tex. Civ. Prac. & Rem. Code § 41.003(a), you may receive exemplary damages if we can prove by clear and convincing evidence that the defendant caused the accident through gross negligence, fraud, or malice.
Exemplary damages can be quite high, but they are limited. Under § 41.008(b), your damages are limited in one of two ways. First, they are restricted to twice the value of your economic damages plus an amount not to exceed $750,000. Alternatively, they may be restricted to $200,000. Whichever limitation is greater will apply.
Can I File an Insurance Claim After a Truck Accident?
A truck accident may be extremely devastating, but it is still a vehicle accident subject to insurance claims. Texas is a fault-based state for auto insurance claims, and you must be prepared to prove how the trucker caused the accident.
The trucker may be covered by insurance, and so might the trucking company. Coordinating insurance benefits between multiple claims can be challenging, and you should get help from a lawyer.
Insurance claims tend to be limited by policy terms, and a policy will not pay damages past a specific limit. If your damages exceed insurance limits, talk to your attorney about other options. You might have uninsured or underinsured motorist coverage to help you, or you can file a personal injury lawsuit to get the full extent of your damages covered.
Records and Evidence to Support Your Truck Accident Case
Your case cannot succeed if we do not have evidence, and much evidence may come from carefully maintained records related to the accident.
Certain records are compiled directly after an accident. For example, we may obtain copies of your medical records to prove the extent of your injuries and medical costs. We can also review police records to determine if the authorities uncovered any additional evidence during their investigation.
Many trucks today are equipped with a black box device like those on planes. These devices record data about how the trucker drives. Details about speeding, brake times, rests, and how long the trucker was on the road before the accident may be recorded.
If you sue the truck company, we should get copies of certain business records. Any information about the driver, truck maintenance, cargo loading, and general safety practices may be helpful.
How Long You Have to File a Truck Accident Case in Dallas
You only have so much time to file your case before you are time-barred from doing so. The statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003 gives you only 3 years to file.
Your time begins on the day of the accident, which means the clock is likely already ticking on your case. Many plaintiffs wait several weeks or months before even contacting a lawyer, and they lose precious time.
Starting early is important to maximize the time your attorney has to prepare. By hiring a lawyer quickly, you are more likely to find evidence, track down witnesses, and accurately calculate your damages.
Under limited conditions, plaintiffs may have the statute tolled and their time to file pushed back. Minors may have the statute tolled until they are 18, giving them until age 21 to file a case.
Similarly, if the defendant is absent from the state, the time they are beyond Texas’ jurisdiction is not counted toward your time. This may come up in a hit and run case or a case involving a defendant from a different state.
How Did Your Truck Collision Occur?
A truck accident might happen in any number of ways. Knowing what went wrong will help us determine what evidence we need to prove your claims and influence our legal strategies.
Jackknife Accidents
A jackknife accident occurs when a truck and trailer begin moving out of sync with each other. The truck may slow down while the trailer continues speeding, causing the trailer to swerve out on the road.
This kind of accident is often related to speed and slamming the brakes. A trucker might be negligently speeding and slam the brakes to avoid hitting something in the road. In severe cases, this can cause the truck to swerve or even topple over.
Truck Driver Fatigue
Many accidents stem from truck driver fatigue. Truckers frequently drive for extended periods, and fatigue is a significant issue that affects the entire trucking industry.
When drivers do not take breaks or stop to rest, they will inevitably become extremely tired on the road. They could easily doze off and crash the truck into other vehicles.
Federal law actually restricts the number of hours a trucker may operate on the highway before they are required to stop to rest. Driving in violation of these laws may be the evidence we need to prove their liability.
We can examine trucking logs to determine when the driver last had a rest. Truckers often have to log their start and stop times, including rest periods. If a black box recording device is installed on the truck, it may also indicate whether the trucker was properly resting.
T-Bone Accidents
A T-bone collision occurs when one vehicle is struck from the side. This can occur with trucks because their long trailers can easily block intersections. If a trucker tries to pull through an intersection but cannot make it all the way across, oncoming traffic may hit them from the side.
Since trailers are usually much higher off the ground, other cars can become wedged under the truck, and drivers may be badly hurt.
Medical Treatment You Need After a Dallas Truck Accident
Truck accidents often leave victims with severe injuries, and immediate medical attention is crucial.
First, you should call an ambulance and the police for help. If you are so badly injured that you cannot make the call yourself, someone with you or nearby should call instead. Even if you think your injuries are not that bad, go to the emergency room right away.
Injuries are often severe, and serious treatments like emergency surgery may be necessary. You may experience painful medical complications that will require further medical care in the future. You might need long-term treatments like physical therapy, medications, and pain management.
Be sure to save all documentation, records, and hospital bills related to your treatment. We need these records to help prove your damages so you get fair compensation.
When You May Receive Compensation for a Truck Accident
Even after a jury verdict in your favor, compensation might not be paid immediately. How long you must wait may depend on numerous factors surrounding your case.
If we must go through a full trial to get compensation, it may take time. Settlements tend to be quicker, but they are also often worth a bit less than the plaintiff’s full damages.
If you win your case, the defendant may need time to come up with the money. We can work out a payment schedule with them or give them time to gather the funds. If an insurance company is paying, we may need to navigate some bureaucratic red tape before you get any money.
If the defendant refuses to pay, we may need further intervention from the court. The court can garnish the defendant’s accounts or place a lien on their property to make them pay you. Again, this may take additional time.
Contact Our Dallas Truck Accident Attorneys for Support
Talk to our truck accident attorneys with The Queenan Law Firm by calling (817) 476-1797 and ask for a free case review to begin.