Trucking Accident Lawyer Arlington, TX
If you’re in need of a trucking accident lawyer Arlington, TX trusts, contact Brandy Austin Law Firm, PLLC. 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 in pursuing truck drivers and their employers if you are the victim of a truck accident. As trucking accident lawyer Arlington, TX respects, 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. A trucking accident lawyer Arlington, TX depends on knows how to force trucking companies to give over the needed information.
–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. A skilled trucking accident lawyer Arlington, TX believes in can start investigation from the day you walk in the door. 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 trucking accident lawyer Arlington, TX respects knows what is allowed and what isn’t. This information may be helpful to persuade the insurance companies to offer a larger financial recovery.
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.
Frequently Asked Questions About Truck Accident Law
Truck accidents are exceptionally common, with large trucks accounting for approximately 8% of all fatal crashes on our roads. Because trucks are so large, it is imperative for automobile drivers to act with caution when they drive around them, but this isn’t always the case with the truck’s driver. It is all too easy to get involved in a truck accident, and if you do, you deserve compensation for your injuries and sustained damages.
Continue reading to learn more about these types of lawsuits and how to file a truck accident claim with the help of a trucking accident lawyer in Arlington, TX.
What is defined as a commercial truck?
Any accident involving a truck will be known as a commercial truck in the eyes of the law. A commercial truck is one that is used in the course of business, so it includes 18-wheelers, big rigs, delivery vans, tractor trailers, and freight trucks.
Are truck accident cases taken more seriously by insurance companies?
An Arlington, Texas trucking accident lawyer knows that truck accidents often result in significant damages. Accident victims stand to face severe, and even life threatening injuries as a result. It may be easy to assume that with such obvious injuries, a strong settlement offer may be a done deal. Although we may certainly be able to help you obtain the compensation you deserve, truck accident cases aren’t always as straightforward as they may seem. It’s important to bear in mind that insurance companies are a business. Because of this, they will working solely to protect their own interests, meaning, the insurance company will be looking to pay victims as little as possible. Once an insurance adjuster has been assigned to your case, they will work to reduce your payout and even deny your claim in some situations. This is not only frustrating, but a terrifying reality when negotiating a settlement offer. We can provide you with key assistance in presenting the insurance company with a strong case that clearly outlines your need for compensation.
What type of evidence is needed to support my case?
Pursuing compensation for a trucking accident will require strong evidence that supports your claim. Our attorneys will work with you to piece together key evidence that helps prove the necessary elements that must be present to prove negligence. In order to establish negligence, your evidence must prove that:
- The defendant owed a Duty of Care to the victim.
- The defendant failed to uphold their Duty of Care.
- The breach caused the injuries or losses you experience.
- You face damages and losses as a result.
Evidence is an important factor in proving trucking accident cases. Examples of evidence that can help to support an accident claim include:
- Photographs/Videos from the accident scene
- Police Reports
- Damage done to your vehicle
- Maintenance Logs from the trucking company
- Driving logs from the tractor trailer
- Medical documentation outlining your injuries
- Medical Bills
The thought of gathering this level of documentation and evidence can seem like a huge undertaking. A trucking accident lawyer Arlington, TX knows has the ability and resources to assist you in this key component to the claims process.
When should I contact an attorney?
It’s best to contact a trucking accident lawyer in Arlington, TX as soon as possible. They can help provide you with the answers you are so desperately in search of. The sooner you contact us, the sooner we can begin reviewing your case and assisting you in taking the appropriate steps towards reaching a resolution.
What is a truck’s no zone?
A truck driver’s visibility is quite limited compared to a regular vehicle. Because of this, they have “no zones” where other drivers should be extra cautious. This is where they have limited or zero visibility, such as directly behind them, or in their left rear quarter. As a rule of thumb, if you cannot see the driver’s rear view mirrors, they cannot see you.
How is fault determined in a truck accident?
Your lawyer will launch a full investigation before they bring your claim to court. This will include interviewing witnesses, investigating the driver’s actions behind the wheel, the company’s working practices, and look into their driver qualification file (DQF). Some details they will look for include:
- How long the driver has been working for their company.
- The driver’s training process.
- The reputation of the trucking company.
- How many hours the driver was working and when they took their last break.
- The condition of the truck.
- The conditions of the roads.
- The driver’s driving history, records, and medical test results.
Once your lawyer compiles this evidence, they will present it to the judge as contributing factors to the accident.
Who can be held responsible?
In some cases, you will be able to bring charges against both the driver and their employer. However, it is common for truck companies to avoid liability, so it can be a tricky battle to fight in court by yourself. This is why it is always best to have a Texas trucking accident attorney on your side to protect your rights and bring the responsible parties to justice.
What type of compensation can I be eligible for?
It is hard to say exactly without knowing the specifics of your case, but it is common to receive a mixture of the following:
- Compensation for pain and suffering.
- Coverage for any damages to your car.
- Compensation relating to medical and auto insurance.
- Payment for income missed due to lost work, or even payment to cover your lost earning capacity.
- Damages resulting in any medical needs including payment to doctors, hospitals, and therapy centers.
Holding Drivers Liable
While truck accidents may be more complicated to litigate, the reasons for liability are not much different from other road accidents. We are a trucking accident lawyer Arlington, TX relies on and we can find out the truth about the cause of your crash.
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. Let Brandy Austin Law Firm, PLLC, a trucking accident lawyer Arlington, TX counts on, help you through this process. This burden only 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, allow a knowledgeable trucking accident lawyer in Arlington, TX who fights for their community review your case – free of charge. 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
It’s only natural for an accident victim to approach their case with at least some feelings of worry and anxiety. Brandy Austin Law Firm, PLLC can help ease your worries by exploring the available options and tackling your case with. Do not hesitate to contact us today to schedule your risk free consultation.
Call the office at 817-841-9906 or contact us online for intelligent and dedicated representation. Set an appointment with the top trucking accident lawyer Arlington, TX trusts today.
“I found Brandy Austin’s law firm while randomly listening to podcasts about Texas divorces and appreciated how thorough and forthcoming the information they gave was. Larry Mike, II worked on my divorce case that also involved the custody of a child. He was a great advisor and worked diligently to ensure that I got what I wanted from the process. He was honest when informing about what could and most likely could not be done, and I felt he truly cared about my case.”