Legal Assistance For Truck Accident Victims
As one of the largest metro areas in the Lone Star State, Dallas-Fort Worth sees its share of semi-trucks speeding along I-75, I-635, and George Bush Tollway. We’ve all seen the aftermath of a devastating truck accident, though, with serious injuries for passengers in the smaller vehicle or vehicles and costly damage and trauma. If you’ve been in a collision with a semi that you didn’t cause, you have legal rights, and a Dallas, TX, truck accident lawyer can help you learn more about them.
At Brandy Austin Law Firm, we represent people like you who have been hurt in a semi-truck accident. Our mission is to secure full and fair compensation for all your losses, from medical bills to replacing your vehicle, and consideration for the trauma of the experience. We offer a free consultation, so please call us today to discuss your case.
How Can a Dallas Truck Accident Lawyer Help Me?
Truck accident lawyers are personal injury attorneys who help victims of truck accidents assert their legal rights, including the right to fair compensation for losses suffered in the wreck. In the aftermath of a nasty truck wreck, even if both vehicles were going at low speeds, there’s a good chance that you suffered life-changing or disabling injuries. Your medical bills may quickly add up, and you’re likely going to be out of work for weeks recovering from injuries like broken bones, spinal cord issues, or internal organ damage.
As your lawyer, we investigate the cause of the crash, gathering evidence to prove that the trucker was negligent. We then build the case based on Texas personal injury laws and prepare to either negotiate a settlement with the other party or take the claim to court. Our goal is to secure compensation covering the full extent of your losses, including pain and suffering and future medical costs.
Truck Accidents Can Be Unexpectedly Complex
Truck accident claims are often more challenging than “regular” car accidents, and you need a lawyer who understands the challenges and nuances of these claims.
First, the trucker’s employer or contracted shipping company may be a co-defendant, as it may have been negligent in hiring or supervising its truckers. Second, with injuries so severe, there’s a good chance that your case is worth six or seven figures, which means that the insurance company will take a much closer look at the claim. Our evidence and points of law must be solid to withstand this scrutiny.
We are very familiar with Texas and federal regulations for commercial drivers and can pinpoint where the trucker, the carrier, or both violated them. Your case deserves experience and insight—and we deliver.
Have You Been Hurt in a Semi-Truck Crash?
If you or someone you love has been hurt in a semi-truck accident in the Metroplex, our attorneys want to help. At Brandy Austin Law Firm, we have the resources necessary to litigate complex cases against multiple defendants and a strong track record of successfully litigating truck accident claims. Contact our firm today for a free case review with an experienced Dallas truck accident lawyer.
Determining Liability In A Truck Accident
Unlike typical car accidents, truck accidents often involve multiple parties, extensive federal and state regulations, and significant damages.
Truck accidents can result from various factors, including driver error, mechanical failures, improper loading, and non-compliance with regulations. Determining liability involves a thorough investigation into the cause of the accident. It’s crucial to examine all elements, from the truck driver’s actions to the vehicle’s condition and the company’s compliance with safety standards. In some cases, liability may extend beyond the driver to include the trucking company, cargo loaders, or vehicle manufacturers.
Identifying All Potential Defendants
A critical aspect of determining liability in a truck accident is identifying all potential defendants. This can include the truck driver, the trucking company, the cargo loading team, and even the manufacturer of a faulty vehicle component. At Brandy Austin Law, we meticulously review every detail to ensure no liable party is overlooked. Our comprehensive approach maximizes the compensation our clients can recover for their losses and damages.
The Importance Of Legal Representation
The aftermath of a truck accident is undeniably overwhelming for victims and their families. Dealing with injuries, financial burdens, and the legal complexities of determining liability requires the expertise of a seasoned truck accident lawyer We offer compassionate and comprehensive legal support to guide our clients through this challenging time. We advocate tirelessly on their behalf to ensure justice is served and that they receive the compensation they deserve.
Top 8 Legal Terms Truck Accident Lawyers Want You to Understand
If you’ve been involved in a truck accident, the legal aftermath can feel overwhelming. Truck accident claims are often complex due to federal regulations, insurance issues, and the sheer size of the vehicles involved. To help you better understand your case, Dallas, TX, truck accident lawyers often emphasize the importance of knowing key legal terms. You may have heard your attorney from Brandy Austin Law mention several of these terms. Today, we’re giving you ap primer so you can better understand some of the complexities of your case.
- Liability
Liability refers to the legal responsibility for the damages or injuries caused by the truck accident. In most truck accident cases, determining who is liable can be complicated. It could be the truck driver, the trucking company, the vehicle manufacturer, or even a third party responsible for maintenance or loading the truck.
- Negligence
Negligence is a key concept in personal injury law, including truck accident cases. It refers to the failure to act with the level of care that a reasonable person would have exercised under similar circumstances. In truck accidents, negligence could mean speeding, distracted driving, failing to properly maintain the truck, or not adhering to federal trucking regulations. Proving negligence is critical in holding the responsible party accountable for the accident.
- Comparative Fault
Comparative fault, also known as comparative negligence, is a legal principle that can affect the outcome of your truck accident case. It determines how much responsibility each party holds in the accident. For instance, if you were partially at fault for the accident, your compensation might be reduced. In some states, you can recover damages even if you are partially at fault, while in others, being more than 50% at fault may prevent you from recovering any compensation.
- Damages
Damages refer to the monetary compensation you may receive as a result of a truck accident. There are two primary types of damages: economic and non-economic. Economic damages cover tangible losses such as medical bills, lost wages, and property damage. Non-economic damages address intangible losses like pain and suffering, emotional distress, or loss of enjoyment of life.
- Vicarious Liability
Vicarious liability holds a party responsible for the actions of another person. In truck accident cases, this often means that the trucking company can be held liable for the actions of its employee, the truck driver. Even if the truck driver was the one directly at fault, the trucking company may share responsibility if the driver was acting within the scope of their employment at the time of the accident.
- Statute of Limitations
The statute of limitations is the legal time frame within which you must file a truck accident claim. In most states, this period ranges from one to four years, depending on the nature of the case. If you fail to file your claim within the statute of limitations, you may lose the right to seek compensation.
- Commercial Driver’s License (CDL)
A Commercial Driver’s License (CDL) is a special license required for truck drivers operating large vehicles. Understanding CDL regulations is important in truck accident cases, as violations of these rules can point to negligence. For example, if the driver was not properly licensed or failed to follow CDL rules, this could significantly strengthen your case.
- Federal Motor Carrier Safety Administration (FMCSA)
The Federal Motor Carrier Safety Administration (FMCSA) is the government agency that regulates the trucking industry. FMCSA sets strict rules on driver hours, truck maintenance, and safety standards. Violations of these regulations, such as exceeding driving hour limits or failing to maintain the vehicle properly, can serve as strong evidence of negligence in a truck accident case.
Getting the Help You Need After a Dallas Truck Accident
Familiarizing yourself with concepts like liability, negligence, and damages can help you communicate effectively with your lawyer and better understand your legal options.
Dallas Truck Accident Infographic
Dallas Truck Accident Statistics
According to the Texas Department of Transportation, there were 26,298 tractor-trailer accidents in 2023. Out of those collisions, 443 of the crashes were fatal and 998 of the crashes were suspected to have caused serious injury.
The high number of accidents raises critical questions about safety regulations, driver training, and vehicle maintenance within the trucking industry. Many of these incidents could potentially be mitigated through stricter adherence to federal and state safety standards, including regulations set by the Federal Motor Carrier Safety Administration (FMCSA).
Victims of truck accidents may face extensive medical expenses, lost wages, and emotional distress, making it essential for them to understand their rights. Legal recourse may be available for those affected, allowing them to seek compensation for their injuries and damages. As Texas continues to confront this alarming trend in tractor-trailer accidents, increased awareness, education, and enforcement of safety measures are vital to reducing these incidents and protecting both truck drivers and the public.
Dallas, TX, Truck Accident Lawyer FAQs
How Do I Prove Negligence in a Truck Accident Case?
To prove negligence in a truck accident case, you must establish four key elements: duty of care, breach of duty, causation, and damages. First, demonstrate that the truck driver or other responsible parties (like the trucking company) had a legal obligation to operate safely. Next, show that they breached this duty by acting recklessly or violating safety regulations, such as speeding, driving under the influence, or failing to maintain the vehicle. Third, link this breach directly to the accident and your injuries. Finally, you must prove that the accident caused measurable damages, such as medical expenses, lost wages, property damage, or pain and suffering. Strong evidence, including witness statements, records, and expert testimony, is crucial for building your case.
What If I’m Partially at Fault for the Truck Accident?
If you’re partially at fault for a truck accident, you may still be eligible to receive compensation, depending on your state’s laws. Most states follow comparative negligence rules, which allow you to recover damages even if you’re partly to blame. However, your compensation will be reduced by your percentage of fault. For example, if you’re found 30% at fault and awarded $100,000, you’d receive $70,000. Some states follow modified comparative negligence, where you can only recover damages if you’re less than 50% or 51% at fault. A lawyer can help assess your case and determine your potential compensation.
How Do Trucking Regulations Affect My Case?
Trucking regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), play a crucial role in your truck accident case. These regulations govern driver hours, vehicle maintenance, and safety standards. If the truck driver or trucking company violated these rules, such as exceeding driving limits or failing to properly maintain the vehicle, it could serve as evidence of negligence. Violations of these regulations help strengthen your case by showing that the responsible party didn’t follow mandatory safety protocols. An experienced lawyer will investigate whether any regulation breaches occurred to support your claim for compensation.
How Long Does It Take to Resolve a Truck Accident Case?
The time it takes to resolve a truck accident case varies significantly based on several factors. Generally, straightforward cases may settle within a few months, while more complex cases involving significant injuries or disputes over liability can take a year or longer. Factors affecting the timeline include the severity of injuries, the complexity of liability issues, the willingness of the insurance company to negotiate, and whether the case goes to trial. Engaging a skilled truck accident lawyer can help streamline the process by ensuring thorough evidence collection and effective negotiation, potentially leading to a quicker resolution.
What Happens If the Trucking Company’s Insurance Denies My Claim?
If the trucking company’s insurance denies your claim, it’s essential to understand your options. First, carefully review the denial letter to understand the reasons behind it. Common reasons include insufficient evidence or disputes over liability. You can appeal the decision by providing additional evidence or documentation to support your claim. If the denial remains, consider seeking legal assistance from a personal injury lawyer who specializes in truck accidents. They can help you navigate the appeal process, negotiate with the insurance company, or file a lawsuit if necessary to pursue the compensation you deserve for your injuries and damages.
Brandy Austin Law, Dallas Truck Accident Lawyers
Contact Our Dallas Truck Accident Lawyer Today
At Brandy Austin Law, we are committed to providing our clients with the highest level of legal representation. Our experienced team is well-equipped to handle the unique challenges these cases present, from investigating the accident and dealing with insurance companies to fighting for the rightful compensation our clients deserve. When you are ready, speak with our Dallas truck accident lawyer for help.
