Trucking Accident Lawyer Arlington, TX
Litigating a truck accident has little in common with the usual car accident. Pursuing a commercial carrier is a different process than securing damages from a private individual or an insurance company. There are also multiple elements involved in truck accidents that make determining fault difficult.
It is important you hire an attorney with a background pursuing truck drivers and their employers if you are the victim of a truck accident. At Brandy Austin Law Firm, LLC, we take an informative approach that is both reassuring and encouraging. Personal injury makes up a large number of our case files and that includes truck accidents. To secure legal assistance with the effects of your truck accident, contact us today.
What Makes Truck Accidents Unique
Truck accidents pose specific challenges. These can include:
- The extent of the injuries: A commercial truck with load can weigh up to 80,000 pounds. This is approximately 25 times larger than the typical passenger vehicle and the impact is often immense. Drivers may sustain serious injuries that render them unable to remember the accident or keep them incapacitated during crucial investigation times. This serves only to complicate the circumstances further since these cases depend heavily on recollection of the facts.
- Truck driver training: Unlike operators in passenger vehicles, truck drivers undergo intensive training to maneuver their vehicles and avoid accidents. The notion of negligence is often assumed to be on the driver of the car rather than the truck due to this training. This does not mean that truck drivers are never found negligent but it will require additional work to prove that in negotiations or at trial.
- Multiple Defendants: Unless the driver is an independent operator, most cases involving commercial drivers require naming more than one defendant. The employer of the driver and the commercial carrier can often be held liable. Also, if there were any shortcomings in how the truck was loaded or maintained, those parties can be named on a lawsuit too. It takes substantial investigation to find everyone responsible.
- Federal law questions:If the truck was overloaded, for example, that is a violation of federal law as well as proof of negligence. There are many regulations that affect the trucking industry and knowing which of these are followed well or violated can help make or break a case. The regulations are so important to establishing safety on the road that often breaking one is considered enough evidence for proving negligence.
- Hazardous material:Many commercial trucks also carry hazardous material. This brings in toxic tort injuries that can result from plaintiffs being exposed to dangerous chemicals. Hazardous material also comes under state and federal regulations that could be used to show liability.
A truck accident is frequently a matter that goes beyond who hit whom and under what circumstances. It often combines many different legal issues including employer liability, interstate commerce requirements, and toxic torts. Attorneys who manage these cases often need experience in all these areas, depending on the type of truck involved in the accident.
Holding Drivers Liable
While truck accidents may be more complicated to litigate, the reasons for liability are not much different from other road accidents. Fatigue, failure to maintain a proper lookout, drug or alcohol use, and other shortcomings while operating a vehicle all come into play with these accidents as they do with smaller car accidents. Mechanical failures, including bad brakes and insecure trailer attachments, are also possible factors in these accidents.
However, the Federal Motor Carrier Safety Administration estimates that truck driver error only occurs in three percent of accidents. The burden of proof is on you the plaintiff anytime you bring an action about another driver. This burden intensifies when you are up against a truck driver because the instinct of insurance adjusters, arbitrators, judges, and even juries is to give the benefit of the doubt to that driver.
The injuries sustained in truck accidents are frequently very serious and your case deserves a thorough investigation at the very least. Rather than just write off the accident as your fault or drop your case because you do not remember much about the facts, Brandy Austin Law Firm, PLLC is prepared to take a closer look. It all starts with an initial consultation, then moves on to a review of your medical records and any accident report. If necessary, we can contact an accident reconstruction expert to get to the truth of what happened in your collision.
Contact A Trucking Accident Lawyer Arlington, TX Trusts
For a free consultation, contact Brandy Austin Law Firm, PLLC in Arlington, Texas. Call the office at 817-841-9906 for intelligent and dedicated representation.