What Happens When a CDL Driver is Injured in an Accident in Texas?
Truck accidents often result in devastating injuries due to the average size of commercial vehicles. When people think of truck accidents, the first assumption is that the truck driver was at fault. However, that is not always the case. Truck drivers with a Commercial Driver’s License (CDL) can easily be the victim when another motorist drives recklessly or negligently. Additionally, a truck driver could be injured if their vehicle malfunctions. CDL drivers are entitled to the same legal rights as anyone else injured in a crash – they can sue and seek damages in a Texas court. The attorneys at The Queenan Law Firm, P.C. represent truck drivers who suffered injuries through no fault of their own. Below, our Arlington truck accident lawyer looks at what happens if a CDL driver is injured in an accident in Texas.
Filing Personal Injury Lawsuits for CDL Drivers After Texas Truck Accidents
CDL drivers who are involved in an accident caused by another party are entitled to file a personal injury claim for common injuries after a truck accident in Texas. Commercial truck drivers have the same legal rights as any other motorist on the road. When a negligent driver causes an accident, an injured CDL driver can file a claim to hold the responsible party or parties liable for any damages they suffered.
Because of the size and weight of a commercial truck, CDL drivers should exercise more caution when operating their vehicles. When a truck is involved in an accident with a smaller vehicle, the passengers in the smaller vehicle often suffer more serious injuries. This often leads to a bias against the operator of the larger truck. CDL drivers require our experienced Houst commercial truck accident attorneys to overcome this prejudice and help fight for their just compensation when they were not at fault.
If the CDL driver is the plaintiff in a personal injury case, they have the burden of proving negligence on the part of the defendant. To demonstrate negligence, the injured party must produce evidence that supports their claim. Our Texas truck accident attorney will assist you in building a case that shows you were owed a duty of care, that the defendant breached that duty, and that you suffered harm and damages because of the defendant’s conduct.
If your case is successfully proven, a jury or judge might award you compensation for your losses, including your medical expenses, your lost income, and your pain and suffering.
Common Causes of Accidents Involving CDL Drivers in Texas Caused by Other Drivers
As stated above, CDL drivers are tasked with safely operating large commercial trucks that can be difficult to control or maneuver. Several circumstances could result in a truck driver losing control of their big rig through no fault of their own.
Large commercial trucks often haul tons of cargo that can become unbalanced if the truck is required to make a quick maneuver. If a car cuts in front of a truck on the highway, a CDL driver might be required to change lanes to avoid a collision. When attempting to prevent an accident, a truck driver could lose control of their vehicle. When other motorists make an unsafe lane change in front of a commercial vehicle, they could be held liable for causing an accident. Accidents also occur when another driver is merging onto a Texas highway and is not taking the necessary precautions to avoid endangering truck drivers or other motorists. When a truck driver loses control of their vehicle due to the recklessness or carelessness of another driver, our Arlington truck driver injury lawyers will work to hold the driver responsible liable for any injuries and damages.
In addition to improper lane changing or merging, another common cause of accidents that involve CDL drivers is sudden stops. Commercial trucks are massive and require a substantial amount of distance to brake fully, especially when traveling along a Texas highway. If a driver suddenly slams on their brakes instead of gradually reducing their speed, a truck driver might not be able to bring their vehicle to a halt in time to avoid a collision. While it is generally believed that any rear-end collision is the fault of the driver crashing into the car in front of them, there are circumstances where the responsibility lies with the driver suddenly stopping their vehicle. Our Texas truck accident attorneys will thoroughly investigate the facts surrounding a rear-end collision to attempt to demonstrate that the sudden stop was reckless and unnecessarily dangerous.
Holding Trucking Companies and Manufacturers Liable for Commercial Driver Accidents in Texas
Other motorists are not responsible for every truck accident you could face as a commercial driver. That does not mean that the CDL driver is necessarily to blame. Trucks are complicated machines that can malfunction. In some cases, a malfunction leads to a catastrophic accident injuring the truck driver. If there was a design flaw in the brakes or a manufacturing defect in the steering system, a truck driver could easily lose control of their massive vehicle. In this situation, our Flower Mound, TX truck accident attorney would look to hold the truck manufacturer or trucking company that maintained the truck liable for any injuries or damages.
Call Our Texas Attorney if You Are a CDL Driver Injured in a Truck Accident
CDL drivers have the same legal rights as any other motorist on the Texas roads. If you are a commercial truck driver and were injured in an accident because of the negligence of another party, contact our truck accident and personal injury attorney in Texas immediately. Because of the general bias against truck drivers, you need an experienced attorney representing your rights. Call the Arlington, TX personal injury lawyers at The Queenan Law Firm, P.C. at (817) 476-1797 to schedule a free consultation and review your case.