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We have all seen large trucks on the highway during our daily commutes, but what happens if a truck crashes into you? The results can be disastrous, and many other drivers might be injured. While truck drivers may bear a significant responsibility for an accident, their employer and possibly others might also be implicated.
We can begin by gathering information, evidence, and records related to the accident. Police reports, medical records, and business records from the truck company may help us locate valuable evidence. Since truck accidents are known to be severe, there is a good chance you have serious injuries, and you may claim significant damages. Exactly how long your case takes to complete is hard to say. However, if our evidence is strong, the case may move faster.
Receive a free initial case review by calling our truck accident lawyers at The Queenan Law Firm at (817) 476-1797.
How Truck Accidents Can Happen
Truck accidents can occur in numerous ways, and knowing how yours happened may lead us to evidence and important information.
Rollover Accidents
A rollover accident is when a truck completely flips over on the road. This is incredibly dangerous for the trucker and any driver who is unfortunate enough to be next to the truck. Injuries are often quite severe, and you might be dealing with lasting pain.
Many rollover accidents happen because trucks are not properly loaded. Cargo may be too heavy or unbalanced in the trailer. If the tricker is speeding or stops short for any reason, the truck could topple.
Head-On Collisions
Perhaps the most frightening truck accident is a head-on collision. These often happen very suddenly when a trucker loses control of the vehicle and crosses the highway median. Victims often have very little time to react, and avoiding the collision may be impossible.
Head-on collisions may lead to extreme injuries or death. If you or someone you know was injured in such a crash, you should speak to an attorney immediately.
Squeezing Accidents
When large trucks hauling trailers must make certain turns, they must swing the truck wide before turning to avoid crushing neighboring vehicles between the truck and trailer. If a trucker does not pay attention to their surroundings, they might cause a squeezing accident.
A squeezing accident can demolish your vehicle and leave you with serious injuries. These accidents are often easily preventable, and negligent truckers should be held accountable.
What Records You Should Keep After a Truck Accident
It can be hard to piece together information and details about the accident to support a lawsuit, but much of this information may come from certain records.
Investigations
If you reported the accident to the authorities, they may have investigated and written formal reports. Police records and reports are normally inadmissible as evidence themselves, but that does not mean our truck accident lawyers cannot use them. They may contain information that will lead us to admissible uncovered by the authorities.
Truck accidents may draw the attention of other governing bodies. The truck company might have the truck privately inspected for possible defects, or other law enforcement agencies might get involved. All these records may be available to us, and we can review them for important information.
Hospital Records
Injuries in truck accidents are often severe, and we should obtain copies of your medical records to help us prove your injuries. These records may show us how badly you are hurt and what your long-term prognosis looks like. Many people live with painful complications for a long time, and medical records may be necessary to prove current and future damages.
If a loved one passes away because of a truck crash, their medical records are imperative. We need to be able to prove that the accident was the direct cause of death.
Business Records
When suing a truck company, they might have records related to the truck and the driver that are useful to your case. Business records might indicate when the trucker was hired and whether they received proper training or any training. These records might also shed light on the company’s normal business practices that might be unsafe.
The truck company may also have records about truck maintenance. If the accident happened because the truck itself was faulty or unsafe, maintenance records should tell us.
Finally, many trucks today are equipped with black box devices like those on airplanes. The device may record information about the trucker’s speed, brake times, and rest period leading up to the accident.
Who is Responsible for a Truck Accident in Mesquite, TX?
Multiple people or entities may be connected to a truck accident, and any one of them, or several of them, may be held responsible.
Truck Drivers
Truck drivers are often held responsible for accidents because trucker negligence is a common cause of severe collisions. Even minor acts of negligence, like texting and driving or speeding, may lead to a severe crash.
Trucks do not operate like ordinary cars, and truckers must know what they are doing before they get behind the wheel. If they are careless or do not check their surroundings before turning or merging, they may injure others.
Truck Companies
If the truck driver is responsible for the accident, our truck accident lawyers may also include their employer in the lawsuit. The trucking company may be held liable under the legal theory of respondeat superior.
Essentially, if an employee negligently causes injuries while they are performing their normal job functions and duties, their employer may be held vicariously liable. While this is not always the case, it is common enough that we should consider including the truck company in the case.
Including the truck company is often a good idea as they may have greater resources to cover your damages.
Others
We should not restrict ourselves to suing only the trucker and their employer. Often, other drivers contributed to the accident and may be held responsible. If another driver tried to brake-check the speeding trucker, they both may be held liable for your damages.
Another possibility is that manufacturers of faulty truck parts are responsible. After an investigation, we might find that the accident happened because something on the truck was defective. Maybe the brakes did not work as they were supposed to. In that case, we can sue the manufacturer of the faulty products.
How Much Time You Have to File a Truck Accident Case
You might need time to recover from injuries and think about your legal options, but you should not take too long to decide. You have a limited amount of time to file an injury case, and the clock may already be ticking.
The statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003 gives plaintiffs only 2 years to file personal injury claims for things like bus accidents. Your limitation period begins on the day of the accident, so time is already running out.
In some cases, truck drivers face criminal charges after causing the accident, and their criminal case may be prioritized over civil claims. This might mean we will have to wait longer before you can have a trial, but the statute of limitations will continue counting down. As such, we should still file as soon as we can.
We may be able to buy more time if the truck driver left the state after the accident. This is not unusual, as many truckers drive across multiple states regularly. Under § 16.063, the time during which a defendant is outside the state and beyond the reach of long-arm statutes may not be counted toward the limitation period.
How The Value of Your Damages is Influenced in a Mesquite, TX Truck Accident Case
Your damages may be worth a considerable sum, and you must calculate their value carefully to avoid missing out on compensation.
When determining damages, we should first examine your injuries. Are they severe? Are you disabled or disfigured? Are you dealing with long-term complications? If the answer to any of these questions is yes, your damages are likely worth more.
Not only are painful, complicated injuries expensive to treat, but they can lead to long-term pain and distress. Your medical bills and the mental and physical toll of your injuries should both be considered in our calculations.
We must also think about how your injuries and other losses have impacted your quality of life. Truck accidents are severe, and injuries may be so bad that they cause long-term complications, permanent disabilities, or chronic pain. Many victims must re-learn how to live their lives with new, permanent injuries.
Also, consider your economic expenses. Injuries often lead to enormous medical bills. You might have lost valuable personal items or larger property like a vehicle. If your injuries prevent you from returning to work, you may lose income while also facing mounting costs from the accident.
How Long Do Truck Accident Cases Take to Finish?
Truck accident cases can be as complex as the accidents themselves, and how long they take might be hard to say.
Certain factors may make your case take a longer time to complete. If there are numerous other plaintiffs, which is not unusual in cases where many people are hurt, your case will likely take much longer to complete. Large cases with dozens of plaintiffs or more sometimes take several years to complete.
Your case might also take longer if there is a lot of compensation at stake. The defendants and their insurance companies will likely take their time determining how much money to pay each injured victim. When millions or more are on the line, the court will take extra time to avoid mistakes.
You should also think about what you want from the case. Do you want justice and closure from a trial or a faster settlement? Either option may help you get compensation, but trials tend to take much longer than settlements.
How to Handle Insurance After a Truck Accident
You might not have to file a lawsuit at all if you can cover your damages with an insurance claim. Just remember, insurance is notoriously complicated, and you should still have a lawyer even if you do not plan on filing a lawsuit.
One option is to file a third-party claim with the trucker’s insurance or the trucking company’s insurance if it is different. We must be prepared to prove the trucker’s negligence, which means we need some evidence.
If your claims exceed the defendant’s insurance limits, we may turn to your underinsured or uninsured motorist coverage. This kind of coverage is meant to help those with high damages that typical liability coverage cannot sufficiently cover.
Sometimes, insurance companies will push back on claims they do not want to pay, and we must stand our ground. Do not let the insurance company bully you into accepting a lesser settlement.
Why Having a Lawyer for Your Truck Accident Case is Important
People sometimes think about handling their legal claims on their own, but this is rarely a good idea. In a serious truck accident case where substantial damages may be at stake, you should have a qualified attorney on your side.
Your lawyer can start by identifying all your damages. This is a crucial step, as you could lose out on compensation if damages are mistakenly left out or undervalued. Additionally, your lawyer should know how to calculate damages accurately and where to find evidence to support them.
Another important service provided by your lawyer is communicating with defendants and insurance companies. Generally, plaintiffs do not communicate at all with the defendant directly. Instead, all communication must go through legal representatives. This also goes for insurance claims, and your attorney can fight the insurance company on your behalf.
Contact Our Mesquite, TX Truck Accident Attorneys
Receive a free initial case review by calling our truck accident lawyers at The Queenan Law Firm at (817) 476-1797.