Fort Worth experiences some of the most severe accidents involving trucks. Further, the compensation required to recover from injuries resulting from a truck accident could be significant.
If you have been harmed by a careless truck driver, however, you have the option to seek compensation through legal action. Truckers and trucking companies are required to adhere to various state and federal regulations to promote safety. Nevertheless, some may disregard these rules in order to gain an advantage over their competitors. Remember, you should not be held accountable for the irresponsible actions of a truck driver or trucking company.
For a free case evaluation with our truck accident attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.
What to Do After a Truck Accident in Fort Worth
If you have suffered injuries in a truck accident, it is important to take certain steps to safeguard your rights and secure the compensation you are entitled to. Our team of experienced truck accident attorneys can leverage the information you gather to build a strong case and pursue a favorable outcome. Even minor efforts can have a significant impact on the outcome of your lawsuit. Remember, your case begins the moment you get injured, so every moment counts.
Call the Police
When you are injured in a Fort Worth truck accident, it is crucial to involve the police in the investigation. They will talk to all parties involved and gather important evidence at the accident scene. The investigating officer will then create a police report that includes details of the incident. This report will provide contact and insurance information about the negligent truck driver, as well as their employer. You can obtain a copy of the police report online or through the mail, and our team can assist you in this process once we take on your case.
Gather Evidence
It is important to take pictures of the scene, including any damage to your vehicle and the surrounding area, as these photos may be needed when filing a claim with your insurance company or when pursuing legal action against the driver who hit you. Additionally, it is recommended that you write down as much detail as possible about the incident while it is still fresh in your mind, such as who was driving, where they were coming from, what led up to the crash, how fast they were going, and whether they were using their phone. This will ensure that you do not forget any important information when discussing the incident with an attorney or insurance adjuster.
If there were witnesses present at the site of your accident who observed what occurred, consider asking them if they would be willing to provide statements regarding the incident. This will assist in clarifying the events that transpired and the reasons behind them, allowing police officers to conduct a more thorough investigation into the cause of your injuries.
Seek Medical Care
Getting prompt medical attention after an accident is also crucial. It helps doctors evaluate the extent of your injuries and decide if further treatment is necessary. The doctors’ documentation and expert opinion on the seriousness of your injuries are also necessary to recover compensation later. Your medical records play a vital role in proving the damages caused by the accident in the future.
Contact Our Truck Accident Lawyers
Once your injuries have healed enough, it is important that you reach out to our firm for guidance on what to do next. We can help you determine the necessary steps to take in your case, such as gathering additional information and identifying those responsible for your injuries. We will also work with you to draft your complaint and make sure it is filed before the deadline.
Regulations that Commercial Truck Drivers and Trucking Companies Must Follow in Fort Worth
Truck drivers and trucking companies in Fort Worth and throughout Texas need to comply with both state and Federal Motor Carrier Safety Administration (FMCSA) regulations. These regulations are crucial to ensure the safety of trucks on the road and have procedures in place to identify and resolve issues before they lead to accidents. Moreover, they establish a standard for identifying negligence in case of a lawsuit against a driver or trucking company.
Hours of Service Guidelines
The rules regarding a truck driver’s hours of service dictate the maximum time they are allowed to drive before taking a mandatory break. Unfortunately, this regulation is frequently ignored. With the rise of delivery services bringing goods directly to your doorstep, the shipping industry has become increasingly competitive. Some truck companies and drivers may disregard the hours-of-service rules to complete more deliveries and stay ahead. Federal regulations require truck drivers to document their driving hours in a log and limit them to no more than 60 hours in a seven-day period. If a driver has violated these regulations, our team can obtain their logs to determine if they played a role in any accidents.
Maintenance and Repair Guidelines
Trucking companies often break FMCSA regulations related to maintaining and repairing their trucks. To comply with the rules, they need to regularly inspect and maintain their vehicles, as well as keep records of these tasks. Before a truck departs, it must undergo routine inspections. In the event of a truck accident, our firm can examine the trucking company’s records to determine when the truck was last serviced. If the maintenance and inspection logs are missing, we can argue that the company neglected to take necessary precautions to ensure the safety of the truck, leading to the accident.
Cargo Securement Guidelines
Breaking cargo securement regulations can also result in serious accidents. These guidelines provide instructions to truckers and trucking companies on how to properly load and store cargo for transportation. To prevent shifting while on the road, cargo should be loaded in direct contact with other cargo and secured with appropriate and correctly graded straps and tie-downs. If cargo is not secured, it can cause a driver to lose control of the truck, leading to devastating accidents.
In the event of an accident caused by unsecured cargo, the trucking company or its driver may be held responsible. However, if a third party was responsible for loading the cargo, their negligence could have contributed to the accident and should be included in any legal action taken.
Common Way Truck Accidents Occur in Fort Worth
Motor vehicle collisions involving trucks can be extremely devastating as the sheer size and weight of these vehicles make them particularly hazardous when involved in an accident with other vehicles or pedestrians. It is crucial to comprehend the various types of truck collisions and their causes if you have sustained injuries in such an accident. This knowledge will enable you to obtain the appropriate compensation for your injuries. The following are the most common truck accidents in which individuals are injured in Fort Worth:
Jackknife Accidents
A jackknife accident happens when a truck rolls over on its side or roof because of an uneven weight distribution on one side, which pulls the vehicle during turns or other maneuvers. Usually, this happens when the cargo is not loaded correctly into the truck’s trailer. Additionally, jackknife accidents can occur when one or more tires on a large truck lose traction on wet pavement or ice and slide outwards, causing the back end to swing around and collide with another vehicle or object in its path. These types of accidents can result in significant damage to multiple vehicles involved in the collision, as well as severe injuries to drivers and passengers.
Rollover Accidents
Accidents where a truck flips over onto its side are known as rollover accidents. These incidents are particularly dangerous as the vehicle can get caught up in the rollover and end up trapped beneath the truck. Negligent truck drivers can cause these accidents in various ways, such as speeding, driving inappropriately for the weather conditions, or being distracted while driving.
T-Bone Accidents
A T-bone accident is when a truck collides with another vehicle from the side, usually resulting in severe damage to both vehicles and potentially fatal injuries for those involved. These kinds of accidents are particularly hazardous because the other driver is typically unprepared for a side impact, and the truck may not decelerate before the collision. Distracted driving and inadequate tire maintenance, which can cause blowouts and loss of control over a truck, are often to blame for T-bone accidents.
Elements that Must Be Proved in a Forth Worth Truck Accident Lawsuit
Truck accidents happen frequently in Fort Worth. While many trucking companies are careful, there are some who do not fulfill their professional responsibilities. In such cases, it is crucial for victims to know the key factors they need to establish to win a lawsuit. In order to prove that a truck driver or trucking company is responsible, you must demonstrate that they failed to fulfill their duty of care towards you, resulting in significant harm.
Duty
In a Fort Worth truck accident case, the initial factor in establishing is duty. Duties refer to the responsibilities individuals have towards one another based on their relationship. For instance, a truck driver’s responsibility to drive their vehicle responsibly. When an individual fails to fulfill their duty, they have breached their obligation to drive cautiously and with reasonable care for those in their surroundings.
Breach of Duty
You must then establish the second element, breach of duty. This happens when a person fails to perform an action they are supposed to or performs an action that they should not have. For instance, if a truck driver disobeys traffic laws and causes an injury, it would be classified as a breach of duty because they had a legal responsibility to drive safely and adhere to all traffic signs and signals.
Causation
Causation is the third element that must be proved. Causation refers to a situation where one event leads directly to another event that causes injury or damage. To prove causation in court, you must establish a connection between your injuries and the truck accident you claim to have been injured in. This is essential to demonstrate that your injuries were not caused by a prior accident or other condition.
Damages
Finally, you must present proof that you have experienced actual harm, known as “damages.” Typically, this involves financial losses such as medical bills, lost wages, and other expenses you have incurred or will incur in the future. However, you may also request compensation for non-financial losses related to your injuries, such as physical pain, emotional distress, a decrease in quality of life, disability, and disfigurement.
Damages that You Can Recover After a Truck Accident in Fort Worth
If you were involved in a truck accident and suffered injuries, you may be entitled to compensation for the damages incurred. In Fort Worth, these damages commonly include medical expenses, lost wages, and pain and suffering. Depending on the specifics of your situation, you might also be able to seek punitive damages or file a wrongful death claim.
Medical Costs
Most of the costs you incur will probably be related to medical expenses. These expenses may include emergency room fees, surgeries, prescription drugs, and any other medical treatment linked to the injuries you sustained. Additionally, you can claim any future medical expenses in addition to the current ones. Furthermore, your medical records will play a crucial role as evidence in your case when it is time to establish the extent of your damages.
Lost Income
If you were unable to work due to your injuries, you have the right to claim lost wages for the time you missed. Additionally, you can claim any other losses that resulted from having to take a new job with lower wages or taking time off for medical appointments.
Pain and Suffering Damages
You may also claim damages for pain and suffering. These damages are determined by how much your injuries have impacted your daily life, including the pain you experience, emotional trauma, humiliation, and other losses. It is important to note that in Texas, there is no limit to the amount of pain and suffering damages you can receive in a truck accident lawsuit.
Punitive Damages
In cases where a party has caused harm to others through particularly egregious actions, punitive damages may be awarded. These damages are not intended to compensate the injured party but rather to serve as punishment for the wrongdoer. They are typically given in situations where a defendant’s actions were especially reckless or malicious, such as driving while under the influence of alcohol or drugs.
Our Fort Worth Truck Accident Lawyer Can Help
Call The Queenan Law Firm, P.C. today at (817) 476-1797 for a free case review with our truck accident lawyers.