Truck Accident Lawyer Dallas, TX
As a truck accident lawyer in Dallas, Texas knows too well, truck accidents can have a serious impact on victims. They often result in devastating injuries that can result in a victim requiring long-term care. In other cases, truck accidents can be permanently life-changing. Whatever your situation or circumstances are, a truck accident lawyer like one from Brandy Austin Law Firm, PLLC can help. You can count on their legal support to help you navigate your situation. Contact us today for a confidential consultation now.
Truck Accident Lawyer Dallas, TX
With years of legal experience, Brandy Austin Law Firm, PLLC has a reputable and competent team ready to assist you with your case. They specialize in many practice areas such as personal injury. We know that you may have difficulty processing the consequences as an accident victim, so we are prepared to answer any questions that you may have. Providing quality services to each of our clients is our highest priority.
Common Causes of Truck Accidents
The causes of commercial truck accidents can vary. Sometimes truck drivers will speed because they are in a rush to get to their destination. Another common reason is lack of sleep and rest, since truck drivers are pressured to deliver their cargo at a certain time. In other cases, other drivers who are impatient or reckless strike a commercial truck, causing an accident.
Common accident scenarios that can result in a devastating accident include:
- Driving while impaired: This can include using drugs or alcohol.
- Distracted driving: Such as eating, texting, changing radio stations, etc.
- Aggressive driving: This type of driving often results in the driver not following the rules of the road.
- Sleepiness or fatigue: Since a truck driver often works long-hour shifts on the road, having driver’s fatigue is very common.
- Weather conditions: Anything from rain showers to icy roads can cause an accident.
- Mechanical failure: Unfortunately, any vehicle is susceptible to mechanical failures and this can occur with even the most responsible driver.
- Liability in a Truck Accident
To prove liability in an accident, you must show adequate evidence. A truck accident lawyer that Dallas, TX residents trusts will collect evidence and see if the trucking company, manufacturing, contractor or other party played a role in the accident. For example, if a trucking company did not conduct the proper safety inspections or ensure that a truck was in working condition, they could be held liable for the accident. However, a number of parties can be held liable in a truck accident, since a commercial truck often involves the trucking company as well as third parties such as contractors.
Were You Involved in a Truck Accident?
A number of conditions have coalesced to create a perfect storm for the trucking industry. These conditions have been exacerbated by the COVID-19 pandemic, which has created labor shortages and supply chain problems. The bottom line is that in the course of trucking companies trying to remain profitable and independent owner-operators simply trying to survive, the number of trucking accidents has remained appallingly high.
If you have been in an accident, you need representation from a truck accident lawyer in Dallas TX. The Brandy Austin Law Firm, PLLC can deal with insurers, attempt to get a settlement from the company responsible and if necessary, litigate on your behalf — so you can focus on your own recuperation and rehabilitation.
Economic Pressures Lead to Tragedy
In the vast majority of cases, truck accidents happen due to driver fatigue. Impatience also comes into the equation, especially with perishable cargoes or tight delivery schedules. Federal safety regulations dictate that a professional truck driver take a ten-hour break between shifts. A shift can be no longer than 14 hours, and the driver cannot be on the road for more than a total of 11 hours during that period.
If a truck driver is employed by a company, his supervisor cannot legally require him to drive more than safety regulations allow. They can, however, offer enticements for making deliveries quickly, such as financial incentives and bonuses. An independent owner-operator may be under similar pressures or enticements. The difference is that with the former, the company is liable for any accident caused by an employee in the course of his duties while on company time. If the responsible party is an independent contractor, then that individual would bear the liability. The exception is if the contracting party knew, or should have known, that the driver they hired was at risk of causing an accident.
One of the jobs of a truck accident lawyer in Dallas TX is to assist the client in determining who is liable so that the complaint can be filed against the proper persons, whether natural or corporate. You may be eligible to get compensation for medical expenses, lost wages, wrongful death, pain and suffering and even psychological and emotional distress.
With a strong case and a skilled and knowledgeable truck accident lawyer in Dallas TX on your side, it is unlikely that you will even need to go to court. Most injury lawsuits, especially when the defendant is a large corporate entity, are settled out of court. It is your attorney’s job to make them understand that it will cost them much more to fight you than to simply pay you to go away.
In some cases, a law firm will take an injury case on a contingency basis, meaning their fee comes out of any recovery they are able to get for you (generally, one-third). The Brandy Austin Law Firm, PLLC also uses a web-based service that allows clients to keep up with the latest developments in their cases. The advantages of the contingency basis allow the plaintiff to work with a lawyer without having to pay any upfront costs. We understand that following a trucking accident you might not have the necessary finances to afford a lawyer especially if you’re already dealing with issues such as lost wages and medical bills. As such, a lawyer will handle most of the upfront costs associated with the case.
What Can a Lawyer Do For Me?
A lawyer will be involved in every aspect of your case. Some of the things they can do for you is assess your case to determine if it’s valid, collect and examine the evidence, negotiate with the insurance company, and represent you in court if needed. Throughout the duration of your case, a lawyer will be there to guide you and recommend the steps you can take. They can keep you informed about new developments regarding your case and will actively work to obtain the best possible settlement for you.
How Long Will The Case Take?
Unfortunately, there is no set timeline for a truck accident and it may take anywhere from a couple of months to settle all the way up to a couple of years. Some factors that may affect the case’s timeline can include:
- The severity of the injuries sustained: For minor injuries, the case may be settled in a couple of months, but more severe injuries can take several more months to process.
- Gathering the evidence: Evidence can come in a wide variety of forms. Although evidence such as eyewitness testimonies can be gathered relatively quickly, evidence such as CCTV footage, police reports, and medical reports may take several months to gather.
- The other party’s willingness: Whether it’s the driver, the insurance company, or both, the other party’s willingness to participate can have a dramatic impact on the case. For example, some insurance companies might be unwilling to accept responsibility or may try to offer inadequate compensation.
- A judge’s availability: Most personal injury cases are settled before they go to court, but sometimes needing to go to court is the best option. As such, factors like a judge’s availability can affect the case’s timeline.
Assessing a Settlement
Most insurance companies will try to settle before a case goes to trial due to how costly it can be. Since the entire trial process can be a lengthy endeavor, settling out of court is often an advantage to both parties. However, you should never rush to grab the first settlement offered. Unfortunately, insurance companies often try to reward victims as little as possible. While a certain number figure might sound attractive at first you’ll need to take into account all the costs the settlement will need to cover.
From medical bills, attorney fees, wages lost, pain and suffering, etc. there are a lot of areas you should be rewarded compensation for. Consulting with your lawyer will guarantee that you’re receiving the proper compensation and if the number offered isn’t realistic enough, your lawyer can negotiate better compensation.
Consult With a Skilled Lawyer
Do not delay action if you are in urgent need of legal help. Seeking help early is critical if you want to boost your chances of success. Contact a skilled and highly experienced truck accident lawyer in Dallas, TX now.
Common Truck Accident Injuries
Commercial trucks are a lot bigger and heavier than passenger vehicles, so they can cause serious injuries during accidents. If the injuries aren’t fatal, they can take a long time to recover from. Here are some of the most common injuries people suffer in truck accidents.
- Traumatic brain injuries. Whether they occur from direct trauma to the head or rapid acceleration, traumatic brain injuries are one of the most serious injuries individuals can endure in truck accidents. They can lead to long-term cognitive difficulties and prevent you from living a normal life. Common symptoms of a brain injury include nausea, confusion, dizziness and vision problems.
- Spinal cord injuries. Motorists who get into an accident with a commercial truck may also suffer spinal cord injuries. Since your spine sends messages from your brain to other parts of your body, an injury can be life changing. It can lead to partial or complete paralysis and require surgeries, physical therapy and assistive devices.
- Burns. During a truck accident, there is a chance that the fuel tank will rupture, which can result in a fire. The fire can spread fast and leave drivers of passenger vehicles with severe burns. Burns are extremely painful and can lead to permanent disfigurement.
- Cuts. If objects, such as shattered glass, hit your skin during a truck accident, you may suffer cuts. Compared to head and spinal cord injuries, cuts might seem like a pretty minor injury. However, you should not take them lightly. If left untreated, cuts can lead to infection and permanent scars.
- Amputation. In a truck accident, it is possible to suffer crushing injuries, which can result in amputation. Whether you have to get your arm or leg amputated, it can make your life increasingly difficult. You may require adaptive devices and caretakers to help you with your daily tasks.
- Broken bones. If you’re involved in an accident with a commercial truck, you may also break bones in your legs, arms, hips and other parts of your body. Breaking a bone causes severe pain and may require surgery and rehabilitation.
- Whiplash. Whiplash is a type of neck injury you can suffer in a truck accident. Symptoms include neck pain and stiffness, dizziness, headaches and shoulder pain. You might not feel these symptoms initially, but it’s still critical to get immediate medical attention.