If you need a truck accident lawyer Arlington, TX trust, contact Brandi Austin Law Firm, PLLC. A truck accident lawsuit has little in common with a typical car accident. Pursuing a commercial carrier is a different process than securing damages from an individual or an insurance company. There are also multiple factors involved in truck accidents that make it difficult to determine fault.
If you are the victim of a truck accident, it is important to hire an attorney with the background to pursue truck drivers and their employers. As an Arlington, TX accident lawyer, we take an informative approach that is both reassuring and encouraging. Personal injury makes up a large number of our case files and includes truck accidents. To secure legal assistance regarding the effects of your truck accident, contact us today.
What are the common causes of trucking accidents for truck drivers?
A dedicated trucking accident lawyer Arlington, TX residents believe that truck accident injury cases can be complex and difficult to navigate. It takes a skilled negotiator and litigator to be able to deal with multiple parties who may be responsible for a truck accident, as well as all of their insurance carriers. The Brandy Austin Law Firm has been successfully fighting for truck accident victims for years and can do the same for you and your family.
An experienced trucking accident lawyer Arlington, TX victims know that, depending on the circumstances, trucking accidents often have multiple at-fault parties, including the truck driver, truck company, cargo company, or even a truck manufacturer, and all or some may be responsible for a truck accident.
Common causes of trucking accidents
An Arlington, TX truck accident lawyer has likely worked on many cases where truck drivers have caused trucking accidents. In fact, national statistics show that truck drivers are responsible for more than half of all fatal accidents that occur each year. Research shows that truck drivers are among the most common causes of trucking accidents:
- Tired Driving: A truck accident lawyer Arlington, TX natives like that despite federal regulations limiting the number of hours a truck driver can be on the road, they often suffer from fatigue. Even with these rules a driver can be on the road for up to 11 hours per day. Worse, many trucking companies put undue pressure on drivers to keep unrealistic schedules, forcing many of them to take prescription and over-the-counter medications.
- Speed: Many truck accidents are caused by the truck driver's speed, which again is often caused by the driver feeling pressured to meet an almost impossible delivery schedule. These huge vehicles take much longer than other vehicles to slow down or come to a complete stop, so when a driver speeds off, the consequences can be fatal.
- Distracted Driving: Unfortunately, distracted driving is as common among truck drivers as it is among drivers of other vehicles. Talking, texting, fiddling with the radio, are all distractions that can cause a driver to lose focus on the road ahead, often with disastrous results.
- Inexperienced or untrained driver: Another common cause of truck accidents is the driver not being properly trained or not having enough experience behind the wheel. Tractor trailers are difficult to operate and it is important for everyone's safety that the person behind the wheel knows exactly what they are doing. It should never be "on the job training" for a truck driver responsible for a large vehicle.
Do you need trucking accident lawyers Arlington, TX clients depend on?
If you have been injured in a truck accident and would like to speak with a skilled Arlington trucking accident lawyer, contact our office today. The seasoned legal team at Brandi Austin Law Firm will aggressively advocate on your behalf to ensure you receive the financial damages you deserve.
Contact a professional trucking accident lawyer in Arlington, TX today at 817-841-9906 for your free case evaluation.
What makes truck accidents unique
Truck accidents pose specific challenges. This may include:
- Amount of injury: A commercial truck with load can weigh up to 80,000 pounds. It is about 25 times larger than a typical passenger vehicle and the impact is often immense. Drivers can suffer serious injuries that leave them unable to remember the accident or incapacitate them during critical investigations. This only complicates the situation as these cases rely heavily on recall of events. A truck accident lawyer in Arlington, TX depends on how to compel trucking companies to provide the necessary information.
-Truck driver training: Unlike passenger vehicle operators, truck drivers undergo intensive training to drive their vehicles and avoid accidents. Because of this training, the presumption of negligence is often assumed to be on the driver of the car rather than the truck. This is not to say that truck drivers are never found negligent, but additional work must be done to prove it at trial or at trial.
-Multiple Defendants: Unless the driver is an independent operator, most cases involving commercial drivers require the naming of multiple defendants. The driver's employer and commercial carrier can often be held responsible. Also, if there is a defect in how the truck was loaded or maintained, those parties can also be named in a lawsuit. A skilled trucking accident lawyer in Arlington, TX believes that the investigation can begin the day you walk in the door. A thorough investigation is needed to find everyone responsible.
-Federal law question: If the truck is overloaded, for example, this is a violation of federal law as well as evidence of negligence. There are many regulations that affect the trucking industry and knowing which ones are best followed or violated can help make or break a lawsuit. Regulations are so important to establishing road safety that a breach is often considered sufficient evidence to prove negligence.
-Hazardous Materials: Many commercial trucks also carry hazardous materials. It brings toxic tort injuries that may have resulted from plaintiffs' exposure to hazardous chemicals. Hazardous materials also come under state and federal regulations that can be used to show liability. A trucking accident lawyer Arlington, TX respect knows what is allowed and what is not. This information can be helpful in persuading insurance companies to offer a larger financial recovery.
A truck accident is often a matter that goes beyond who injured whom and under what circumstances. It often combines a variety of legal issues, including employer liability, interstate commerce requirements, and toxic torts. Attorneys who handle these cases often need experience in all of 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 about 8% of all fatal accidents on our roads Because trucks are so large, it is essential for automobile drivers to exercise caution when driving around them, but this is not always the case for truck drivers. It's very easy to get involved in a truck accident, and if you do, you deserve compensation for your injuries and permanent damages.
Continue reading to learn more about these types of cases and how to file a truck accident claim with a truck 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 during 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 suffer serious, even life-threatening injuries. It might be easy to assume that with such obvious injuries, a strong settlement offer would be a done deal. While we may certainly be able to help you get the compensation you deserve, truck accident cases aren't always as simple as they seem. It is important to remember that insurance companies are a business. Because of this, they will only act to protect their own interests, which means, insurance companies will want to pay out as little as possible to victims. Once an insurance adjuster is 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 support in presenting a strong case to the insurance company that clearly outlines your need for compensation.
What kind of evidence do I need to support my case?
Pursuing compensation for a trucking accident will require strong evidence supporting your claim. Our attorneys will work with you to gather key evidence that helps prove the necessary elements that must be present to prove negligence. To establish negligence, your evidence must demonstrate that:
- The defendant owed a duty of care to the victim.
- The defendant failed in their duty of care.
- Any injury or damage you suffer as a result of the breach.
- As a result you face loss and damage.
Evidence is an important factor in proving truck accident cases. Examples of evidence that can help support an accident claim include:
- Photos/videos from the accident scene
- Police report
- Your car is damaged
- Maintenance log from trucking company
- Driving log from tractor trailer
- Medical documentation outlining your injuries
- Medical expenses
The thought of gathering this level of documentation and evidence can seem like a huge undertaking. A truck accident lawyer Arlington, TX knows has the ability and resources to assist you with this key element of the claims process.
When should I contact an attorney?
It is best to contact a truck accident lawyer in Arlington, TX as soon as possible. They can help give you the answers you've been desperately searching for The sooner you contact us, the sooner we can begin reviewing your case and help you take the appropriate steps to reach a resolution.
What is a truck no zone?
A truck driver's visibility is quite limited compared to a normal car. Because of this, they have no "no zone" where other drivers should be extra careful. Here they have limited or zero visibility, such as directly behind them, or in their left rear quarter. As a rule of thumb, if you can't see the driver's rear view mirrors, they can't see you.
How is fault in a truck accident determined?
Your lawyer will begin a thorough investigation before bringing your claim to court. This will include interviewing witnesses, the driver's actions behind the wheel, the company's work practices and examining their Driver Qualification File (DQF). Some of the details they will look for include:
- How long the driver has been working for their company.
- Driver training process.
- Reputation of the trucking company.
- How many hours the driver was working and when they took their last break.
- Truck condition.
- Road condition.
- Driver's driving history, record and medical test results.
Once your lawyer compiles this evidence, they will present it to the judge as contributing factors to the accident.
Who is to blame?
In some cases, you may be able to file a complaint against both the driver and their employer. However, it's common for trucking companies to avoid liability, so fighting it in court on your own can be an uphill battle. This is why it is always best to have a Texas trucking accident attorney by your side to protect your rights and bring the responsible parties to justice.
What kind of compensation may I be eligible for?
It's hard to say exactly without knowing the specifics of your case, but it's common to get a mix of the following:
- Compensation for pain and suffering.
- Coverage for any damage to your vehicle.
- Compensation related to medical and auto insurance.
- Payments for income due to lost work, or even payments to replace your lost earning capacity.
- Losses arising out of any medical necessity including payment to doctors, hospitals and therapy centres.
Holding the driver responsible
Although truck accident litigation can be more complicated, the liability factors are not much different from other road accidents. We are a truck accident lawyer based in Arlington, TX and we know the truth about the cause of your accident.
Fatigue, failure to maintain proper vigilance, drug or alcohol use, and other errors in driving all come into play with these accidents just as they do with minor car accidents. Mechanical failures, including bad brakes and insecure trailer attachments, are also possible causes of these accidents.
However, the Federal Motor Carrier Safety Administration estimates that truck driver error occurs in only three percent of crashes. The burden of proof is on you, the plaintiff, anytime you bring an action against another driver. Let Brandy Austin Law Firm, PLLC, a truck accident lawyer based in Arlington, TX, help you through this process. This burden is only intensified when you are up against a truck driver because the instinct of insurance adjusters, arbitrators, judges and even judges is to give that driver the benefit of the doubt.
Injuries sustained in truck accidents are often very serious and your case deserves at least a thorough investigation. Instead of writing off the accident as your fault or dismissing your case because you don't remember much about the facts, let a knowledgeable truck accident lawyer in Arlington, TX review your case on behalf of their community – for free. It all starts with an initial consultation, then moves on to a review of your medical records and any accident reports. If necessary, we can contact an accident reconstruction specialist to get the facts about what happened in your collision.
Contact a trucking accident lawyer Arlington, TX Trust
It is normal for an accident victim to approach their case with at least some feelings of worry and concern. The Brandi Austin Law Firm, PLLC can help ease your anxiety by exploring available options and handling your case. Don't hesitate to contact us today to schedule your risk-free consultation.
Call the office at 817-841-9906 or contact us online for knowledgeable and dedicated representation. Set an appointment today with Top Trucking Accident Lawyers Arlington, TX Trust.