Commercial truck accidents carry a much higher rate of serious injuries and fatalities than other auto wrecks. Some of these injuries can even result in lifelong disabilities, such as paralysis or brain damage. If you or a loved one has been injured in a truck accident, you should know that you have a right to receive fair compensation.
Unfortunately, getting compensation for these accidents is no easy feat. Commercial trucking companies are all too willing to dodge responsibility for an accident, leaving the victims of their negligence out in the cold. A Texas personal injury lawyer can help you build a solid claim, giving you leverage in settlement negotiations and providing representation in the courtroom if necessary. To maximize your compensation, you will have to identify all of the parties who may have been responsible for the accident.
The Truck Driver
The negligence of a truck driver can put other motorists at serious risk of injury. Examples of truck driver negligence include:
- Drunk Driving: While operating a semi-truck, any amount of alcohol in the bloodstream is dangerous. A truck driver under the influence of alcohol may have slower reactions and impaired judgment, which can lead to a devastating collision with a much smaller car.
- Fatigued Driving: Truck drivers are known to work long hours with limited breaks. Over a long shift, a truck driver may suffer from drowsiness, dulling the senses and possibly resulting in lapses of consciousness.
- Distracted Driving: A truck driver can become easily distracted by monitors on their dashboard or communication devices. Other distractions like using a cell phone or eating while driving can also pose a significant danger to motorists.
- Reckless Driving: A truck driver may neglect safety precautions to save time, such as excessive speeding or making unsafe lane changes.
Truck drivers are required to carry insurance to cover the cost of any damages to property or people. However, this coverage alone may not be enough to fully address your injuries. To get the most out of your claim, you should consider all sources of liability.
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The Company
Under the legal principle of vicarious liability, an employer can be held liable for an employee’s actions if the employee was acting within the scope of his or her duties. This means that a trucking company that employed a driver can be named in a personal injury claim as long as the truck driver was on the job.
Depending on the circumstances, you may be able to file a lawsuit for unethical or unsafe business practices. For instance, if a company encouraged a driver to take on excessive overtime hours, which then led to a crash due to driver fatigue, the company could be held liable for damages. You could also file a suit against a company that hired unqualified drivers or did not properly train employees.
A truck accident lawyer can investigate the company to look for evidence of negligent practices, such as data from logging devices or inspection records.
Cargo Loaders
Tractor-trailers often haul several tons of cargo at a time. If the load is not carefully secured, the risk of a cargo spill increases, creating an unpredictable hazard for other drivers on the road. Overloading a truck past its weight limits can also make the vehicle harder to control, altering its center of gravity and increasing the chance of a rollover accident.
Trucking companies will often contract with third-party workers to load cargo onto trucks. If these contractors are negligent in their duty, they could be named at fault for the accident. A personal injury attorney can investigate a truck wreck to gain an understanding of what went wrong, documenting evidence of the factors behind the crash.
Maintenance Crews
Commercial trucks need to be regularly maintained to avoid breaking down on the road. A tire blowing out or the brakes failing may result in a crash on the highway. When safety protocols are overlooked, the party responsible for maintaining the truck can be held liable for damages.
Trucking companies frequently work with other companies to handle repairs and maintenance. If a critical issue with the vehicle went unaddressed, you may have grounds to sue the maintenance crew.
Vehicle Manufacturers
Sometimes, a defect in the vehicle goes deeper than just a maintenance issue. If a truck ships out with a faulty part, and an accident occurs due to a mechanical failure, the manufacturer of the truck could be named at fault.
A skilled personal injury attorney can help you take legal action against the truck manufacturer in a product liability claim. As part of an investigation for a truck accident, your attorney can work with crash reconstruction experts and engineers to identify manufacturer errors.
State and Local Government
Poor conditions on the road can contribute to an accident. When a state or local government fails to address a serious hazard such as potholes or insufficient signage, the risk of a truck wreck increases.
Keep in mind that the government has certain protections in personal injury claims, even more than companies and corporations. Under the Texas Tort Claims Act, the statute of limitations expires much more quickly than in most other personal injury claims, which only gives you a short window to file a claim. When pursuing a lawsuit against the government, you should work with an attorney who can help you take swift action.
Contact a Dallas, TX Truck Accident Attorney Today
A collision with a truck can have an immediately devastating impact on your life. Worse, you may find that nobody wants to take responsibility for your damages. Trucking companies and insurance companies are often represented by lawyers who will attempt to deny you the compensation you deserve.
Thankfully, you do not have to take on these corporate giants by yourself. A Dallas personal injury lawyer can provide you with valuable legal support, helping you file a truck accident claim with hard evidence. Throughout the process of filing a claim, your attorney can inform you of your rights, making sure you know the full worth of your damages.
A personal injury attorney can also speak on your behalf during negotiations for a settlement and take your claim to court if the liable parties refuse to fairly compensate you. They will fight to make sure you receive the full compensation you need and deserve.
