Truck Accident Lawyer In Texas
Millions of trucks crisscross U.S. roads transporting freight, and Texas sees among the highest truck traffic accidents in the country. Due to their size and weight, trucks on the road typically pose a massive danger to other road users in the event of traffic accidents.
Motorists who end up in collisions with trucks commonly suffer severe injuries, including back and neck injuries, broken bones, internal injuries, and head injuries, alongside other massive losses.
If you are a truck accident victim in Texas, you may be entitled to some compensation under the state's laws. You should consider hiring an experienced truck accident attorney from Texas to help you pursue your injury claim. At The Francis Firm, our legal team is ready to help you with the pursuance of your compensation claim.
What Should You Do After a Truck Accident?
Undoubtedly, being in a collision involving a truck is a horrifying experience that can be quite confusing. What you do following the crash can greatly impact your well-being and how successful a truck accident compensation claim will be.
Truck accidents can be complex due to the different factors and parties involved in the accident. The best move you can make after an accident is to contact our Texas truck accident lawyers and seek legal guidance. Here's a guide on how to best handle truck accident situations.
Call 911
Contact 911 for law enforcement officers and other necessary emergency services to respond to the scene of the incident. Make sure you remain at the scene until they arrive. The police will prepare an accident report by analyzing the scene, interviewing all drivers, and talking to witnesses. This accident report may offer helpful evidence for your compensation claim later.
Help Others
Look around the scene of the accident for anyone who might need help getting out of a vehicle or first aid and provide it. Turn on your car's hazard lights and set up hazard signs on the road. As you do this, it's crucial that you prioritize your safety at the accident scene.
Exchange Information
You will need the names, contact information, license details, and insurance information of the other drivers involved in the crash to file your truck accident claim in Texas. Ensure that all involved parties, including the truck driver, share these details with you.
Document the Scene and Speak With Witnesses
Document any key pieces of evidence of the truck collision. This may involve taking photos of the damage to your vehicle, the accident scene, or any visible injuries you may have sustained during the accident. Make sure you take photos and videos from varied angles and distances.
Don't forget to speak to any witnesses present at the scene and request their contact details.
Seek Medical Attention
Injuries like concussions or internal bleeding might not be immediately apparent after a truck accident in Texas. Seeking medical attention and getting the necessary treatment may help you fully recover after a crash. Remember to keep all records of your medical treatments and bills.
Have trouble finding appropriate medical care after an accident? The Francis Firm can help you get the best medical treatment to help you recover.
Contact a Truck Accident Lawyer in Texas
It's best to speak to a truck accident attorney from Texas as soon as possible after the truck wreck. The truck accident lawyers at The Francis Firm will gladly take charge of the claims process to give you ample time to rest and recuperate. The quicker your claims process starts, the sooner you will likely receive a fair settlement.
What are the Laws Regarding Truck Accident Liability?
Before compensation is paid for a truck accident claim in Texas, liability must be established. Texas is one of the states that uses modified comparative negligence laws to determine fault. According to state laws, a victim of a truck traffic accident may not recover compensation if their percentage of fault is greater than 50%.
How Can a Truck Accident Attorney in Texas Help?
Truck accident cases are notably more complex than regular traffic accident cases due to the increased severity of the resulting injuries and losses. Hiring a competent truck collision lawyer in Dallas or Fort Worth to spearhead your case can have numerous benefits.
Here are some of the roles our personal injury lawyers from Texas might play in your truck crash case.
Investigation
You need to submit a concrete personal injury claim supported by solid evidence. At The Francis Firm, our attorneys will investigate your accident, looking to discover any evidence available that can solidify your case. Investigations may also cover black data from the truck, inspection reports, and driver logs.
Filing a Claim
Filing paperwork for your claim may seem simple, but it's rather challenging due to the judicial nature of the process. Rest assured that our lawyers can handle this for you. We will appropriately and accurately fill out all claim forms and submit them on time.
Negotiations
You should know that lawyers representing the defendant and the insurance company will seek to pay you as little settlement as possible if you choose to settle your claim through out-of-court negotiations. Our truck accident attorneys from Texas will take charge of the negotiations on your behalf and advocate for a satisfying settlement for you.
Litigation
If the defendant or the insurance company declines to offer you a fair settlement, our trial lawyers in Texas can present a truck accident lawsuit to the court on your behalf. We will go above and beyond to present your case before the jury and judge favorably. Our main goal is to help you secure the compensation and justice you deserve through a favorable court verdict.
What Types of Compensation Can I Receive?
Personal injury laws in Texas permit accident victims to seek three primary types of damages.
Economic Damages
This is a form of compensation to cover calculable losses resulting from the accident. They include property, medical expenses, lost wages, and rehabilitation bills.
Non-Economic Damages
This is a form of compensation to cover incalculable, subjective losses resulting from the crash. They include:
- Loss of consortium
- Mental anguish
- Emotional and physical trauma
- Loss of enjoyment of life
- Reputational harm
Punitive Damages
This is special compensation offered to punish the defendant's actions that portrayed extreme recklessness and malice leading to the accident. Punitive awards aim to deter other truck drivers in Texas from repeating the same actions and endangering the lives of other road users.
How Much is My Truck Accident Claim Worth?
Various variables can affect the worth of a truck accident claim in Texas, which is why it can be difficult for you to know your claim's worth immediately after the accident. Some of these variables are the number of parties involved in the crash, property damage, insurance policy limits, liability, and the severity of your injuries.
It's best to speak to a truck accident lawyer in Texas to figure out your claim's true worth. At The Francis Firm, our attorneys at law have helped many injured victims determine their claim's real worth.
Is There a Deadline for Filing a Claim?
When it comes to submitting paperwork to file a personal injury claim in Texas, state law requires you to do so within two years from the date of your accident. You only have 24 months from the crash date to submit your claim.
How is Fault in a Truck Accident Determined?
To establish negligence and determine fault in a truck wreck, you — the plaintiff — must prove these four elements of negligence:
- Duty of care: All motorists are required to operate their vehicles safely, with exceptionally high standards set up for truck drivers and associated parties. Due to this, truck drivers and related parties have a higher duty of care to other road users.
- Breach of duty of care: For the truck driver or associated parties to be at fault for the crash, you must prove they violated or breached their duty of care. This means demonstrating that the truck driver engaged in unsafe, negligent, or reckless behavior, such as drunk driving or speeding.
- Causation: You need to show that the trucker's breach was the cause of the collision. For instance, if the crash happened after the truck driver ran a red light, you can show that their failure to abide by traffic laws resulted in the accident.
- Damages: To receive compensation, you must show that the accident resulted in injuries or losses, such as medical bills, lost wages, or vehicle repair expenses.
Who Can Be Held Liable?
In a Texas truck accident case, all parties involved in the trucking industry can be held liable depending on the various factors that contributed to the crash. These parties include:
- The driver of the truck at the time of the collision.
- The trucking company that owns the trucks or employs the drivers.
- The company that loaded the truck with cargo for the ill-fated trip.
- The company that manufactured the truck or its parts.
Common Causes of Truck Accidents
Some of the most prevalent causes of truck collisions on Texas roads are:
- Driver fatigue
- Distracted driving
- Oversized cargo
- Improperly secured cargo
- Reckless driving
- Drug use
- Poorly trained drivers
- Inexperienced drivers
- Equipment malfunction
- Poor road conditions
- Lack of truck maintenance
While some truck accidents are unavoidable, you can lessen the injuries and losses you endure in a truck collision by always being hawk-eyed while on the road. Never put your guard down just because you are on the road during the day.
Contact Our Truck Accident Lawyers in Texas Today
If you are a resident of Texas and the surrounding areas, there are no better, more experienced legal minds to handle your truck accident case than the team of highly experienced, competent lawyers at The Francis Firm.
Hiring an experienced Texas truck accident lawyer to handle your claim will boost your chances of getting a remarkable settlement. Our reputable truck accident law firm in Texas can help you get the maximum compensation that covers damages such as medical bills, lost income and benefits, and mental anguish. Call us today to book your free consultation with one of our top truck accident lawyers in Texas.
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