Trucks are large, noisy, and intimidating. These massive vehicles travel the roads and highways in and around Frisco, Texas. While they serve a vital role in the commerce of our country, they also present a significant risk to other motorists. When a truck is involved in an accident, the resulting carnage and injuries are often catastrophic or deadly. When an accident happens because of the negligence of the truck driver or trucking company, the responsible parties should be held accountable for the harm they caused.
If you or a loved one was injured in an accident involving a larger commercial vehicle, contact our Frisco, TX truck accident lawyer to review your case. Personal injury lawsuits arising from truck accidents are often complex and require a law firm experienced with truck accident litigation.
The attorneys are staff at The Queenan Law Firm, P.C. are committed to fighting for those hurt in truck accidents. Call (817) 476-1797 to schedule a free appointment.
Common Causes of Truck Accidents in Frisco, TX
Trucking is a business and commercial trucking companies rely on completing their shipments on time. Any delay affects a company’s profits. Some truck drivers will speed and ignore basic safety protocols to shorten their delivery time and complete their deliveries ahead of schedule. When a truck driver’s negligent conduct causes an accident, our Frisco truck accident attorneys are committed to holding the careless party liable for any injuries they cause.
Speeding
Because commercial trucks are difficult to control or stop, any reckless conduct by a truck driver increases the risk to other motorists. When a truck driver is operating their vehicle at an unreasonably high speed, they will be unable to react to changing traffic patterns or potentially dangerous road conditions.
Driving Under the Influence of Drugs or Alcohol
Anyone driving under the influence of drugs or alcohol presents a danger to other motorists. When that person is operating a massive commercial vehicle, the risk of a serious or deadly accident increases. Often, a truck driver will take artificial stimulants to help them stay awake over long stretches of driving. While this might keep them up, it compromises their mental and physical judgment and reaction times.
Distracted Driving
One of the leading causes of motor vehicle accidents in Texas is drivers operating their vehicles while engaged in texting or some other activity. Truck drivers are not immune to this problem. Many truck drivers will turn to their cell phones or texting after many hours of being alone on the road. They also rely on their GPS to know where they are going. Other times, a truck driver will eat while on the road to save time. Every one of these activities endangers other motorists.
Inexperienced Truck Drivers
Commercial trucks require a certain level of skill and experience to operate safely. If an accident occurs because a trucking company failed to adequately train its drivers or neglected to perform a proper background check on a driver, they could be held responsible for any injuries. If they allow an inexperienced driver on the road, tragic accidents could occur.
Defective Equipment or Poor Maintenance
Some truck accidents have nothing to do with the driver’s conduct. In certain situations, they could not have prevented the accident. When brakes fail, trailers detach, tires blow out, or steering systems malfunction, catastrophic crashes are likely to happen. Depending on the malfunction, liability could lie with the truck manufacturer or those tasked with maintaining and repairing the vehicle.
Truck accidents occur because of the above reasons and numerous other ones. No matter the cause, our Frisco truck accident lawyer has the experience and resources to provide an injured victim professional representation.
How to File a Truck Accident Lawsuit in Frisco, TX
No two truck accidents are the same and each lawsuit arising from a truck accident will be unique. However, there are some basic similarities in the process.
After any truck accident, you should contact our Frisco truck accident lawyer. The insurance carrier for the trucking company will send investigators out to the scene of an accident to collect evidence, talk to witnesses, and work towards building a defense to limit or deny liability. You need an experienced law firm to investigate the accident on your behalf. If you are the victim of a truck accident, you should not speak or agree to any offer from an insurance company without speaking with our Texas attorney.
Insurance companies, especially those representing trucking businesses, are not working for the accident victims. Their accountants, adjusters, and attorneys are looking to minimize their liability or deny paying on a claim altogether. Often, an insurance adjuster will offer a settlement that is far below what your claim is worth. In many cases, to maximize your settlement, you must be willing to take your case to court.
If you were severely injured in an accident involving a commercial truck, it usually requires litigation to obtain the full and just compensation you deserve. Depending on the circumstances of your case, truck litigation could take months or years. Litigation becomes very complicated when multiple parties are involved or liability is contested. You need our experienced Frisco truck litigation lawyer at your side.
Damages Available in Truck Accident Lawsuits in Frisco, TX
There are multiple types of damages that may be available to you in a truck accident lawsuit. During our free review of your case, our truck accident attorneys can help determine which of the following damages you may seek:
Medical Expenses
You can obtain payment from the defendant for any past, current, and future medical expenses related to your truck accident injuries. For example, the cost of your emergency treatment, hospital bills, surgeries, prescription drugs, and physical therapy may all be accounted for in your claim against the at-fault party.
Damages for medical expenses are typically established using your medical bills and records. Therefore, it is important for you to seek medical treatment in the immediate aftermath of your crash. If you wait for your injuries to heal without being documented by a physician, then you may complicate the settlement process. Additionally, the defendant in your case may argue that a delay in treatment meant that you were not badly hurt.
Lost Wages
Many victims of truck accidents have to spend time away from work while their injuries heal. Thankfully, you may also acquire monetary damages for any lost wages you sustain because of your truck accident injuries. Generally, these damages are quantified using plaintiffs’ average weekly incomes.
Some truck accidents cause injuries that permanently prevent victims from performing certain work in the future. If your injuries have affected your ability to work going forward, then you may be entitled to compensation for your lost future earning capacity. These types of claims can be complicated. Copious amounts of evidence are often required to support them. Accordingly, support from our team can be invaluable when pursuing payment for lost income in the future.
Physical Pain
A high number of truck accident injuries cause victims to experience crippling pain. For instance, injuries like burns, broken bones, torn ligaments, and spinal cord damage can all be excruciatingly painful. Fortunately, plaintiffs in truck accident lawsuits may pursue compensation for the physical pain they endured. Testimony from a medical expert is typically required to acquire such damages.
Emotional Anguish
In addition to causing immense pain, truck accident injuries can also produce various types of emotional anguish. For instance, a victim who sustains a torn ligament in their knee may be unable to engage in their favorite hobbies after their collision. Furthermore, someone who incurs a severe head injury may be unable to participate in meaningful relations with their friends or family members. In such cases, plaintiffs may also pursue payment for the emotional distress caused by their injuries.
Similar to obtaining payment for the pain caused by your injuries, acquiring compensation for your emotional anguish can be a complicated process. There are several types of evidence that may be used to support such a claim. Therefore, guidance from our team can be immensely helpful when building a claim for these damages in your case.
Property Damage
Also, you may pursue financial compensation for any property damage caused by your truck accident. For instance, if your vehicle was crushed because of a crash caused by a negligent truck driver, then you may acquire payment for the cost of its replacement or repair.
The defendant in your truck accident case may attempt to assert that your property damage is actually related to some subsequent accident, rather than the collision at issue. Accordingly, you should take photos of your damaged vehicle in the immediate aftermath of your crash if you can. The photos you take may be very helpful when establishing the damage caused by your truck accident.
Out-of-Pocket Expenses
Finally, you may also be awarded monetary damages for a wide array of out-of-pocket expenses stemming from your truck accident injuries. As an example, you may need to pay for transportation services to take you to and from your court proceedings or medical appointments. Further, if you are a parent, you may incur costs for child care support during your recovery. These expenses could be included in your claim against the at-fault party.
Damages for these expenses are usually proven using receipts or other financial documents like bank statements. Therefore, you should attempt to preserve the receipts for any expenses you incur because of your truck accident injuries.
Considering Settlement Offers in Frisco Truck Accident Lawsuits
When you file a truck accident case, the defendant will likely present you with a settlement offer at some point before trial. If you enter into a settlement agreement, then the defendant will pay you the agreed-upon amount of financial compensation in exchange for the voluntary dismissal of your claim. There are some advantages to settling before trial. For instance, plaintiffs who reach settlement agreements usually acquire payment sooner.
Still, many defendants attempt to settle their cases quickly and cheaply. It is highly likely that the initial settlement offers you are presented with will not represent the true value of your case. If an appropriate offer is not made, then you will have to go to trial to obtain the full extent of monetary damages you deserve.
What Happens if You Share Some of the Blame for Your Truck Accident in Frisco, TX?
If you share some of the blame for your Frisco truck accident, you may still obtain payment by filing a lawsuit against another party. However, the amount of damages you are awarded may be limited.
Texas courts will adhere to the rules of modified comparative fault when awarding damages in truck accident cases. This means that damages are apportioned based on parties’ percentages of fault. As an example, if you are 25% responsible for your truck accident while the defendant is 75% liable, then they will be ordered to pay for 75% of the damages related to your accident while you are left to account for the leftover 25%.
However, if you are considered to be over 50% to blame for your truck accident, then you will be unable to file a lawsuit against another party. Defendants often try to shift blame onto plaintiffs in their attempts to avoid paying for the damages they owe. Fortunately, there are several types of evidence that our legal team may utilize to prove that defendants are at fault.
Call Our Frisco, TX Truck Accident Lawyer for a Free Consultation
Our Frisco, TX truck accident lawyers at The Queenan Law Firm, P.C. have years of experience handling complicated personal injury lawsuits involving truck accidents. If you are the victim of an accident involving a commercial vehicle, you deserve to be compensated for your injuries, physical suffering, medical costs, and lost income. Our office has attorneys and staff that will aggressively fight for your rights. If you or a loved one was harmed in a truck accident, call the Arlington, TX personal injury lawyers at (817) 476-1797 to schedule a free appointment and review your legal options.