How a Truck Accident Lawyer can help you.
This article is meant to provide insight, and you shouldn’t use it as a replacement for the legal wisdom obtained from a skilled, veteran lawyer when it comes to your case. To discover how the law matters in your particular case, call us today to obtain answers to your particular questions.
Why You Should File a Truck Accident Injury Lawsuit
Our lawyers know about the incredible emotional and physical trauma caused by truck accidents. Because of our time devoted to this field, we’ve discovered that the majority of truck accident victims are nervous about seeking legal action because they don’t like the idea of putting a price on their injuries and this mess causes them to think back to that awful memory. Filing a claim may be a tough, stressful experience, but we’ll see later in this piece that swift action is necessary to your claim being successful so you have to take quick action after the accident unfolds.
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Using a lawsuit to deal with the harm caused by a truck accident achieves two objectives: the first is that it allows the injured victim to recover from the financial and emotional stress caused by the accident and also punish those responsible for these problems with their negligence choices. No sum of money can take away the pain created by your accident or overlook the harm caused to you mentally, but the fact is that you’ll still have serious financial issues to deal with. The only way your family will return to normal after horrific wrecks like these is to get compensation from who’s responsible. Odds are you’ve missed work due to your injuries, so dealing with medical bills for your injuries and repair costs for your car can be difficult unless you’re aware of who exactly was responsible for your injuries.
The other objective is that a truck accident lawsuit has the chance to decrease continued negligence by seeing to it those people who caused your accident face justice. People who have lots huge amounts of money in truck accident lawsuits usually won’t make the same decisions again. To make sure you get someone’s attention, you have to hit their bank account.
Common Negligent Causes of Truck Accidents
If you’re trying to figure out who you should sue, the first step is determining how the accident took place and who was accountable. Lots of people play a part in transporting goods by a big rig, so in many truck accident cases, for example, more than one person or business may have acted in a negligent fashion that led to or played a part in a truck accident. An experienced truck accident lawyer can turn to their years of experience gained through all their litigation of truck accident claims to properly figure out how your accident happened and who all played a part in it. Any amount of negligent parties could have factored into your truck accident: the truck driver, the trucking company, manufacturers of the truck or trailer, the company that maps the truck’s route, the company that loaded the cargo onto the truck and other possible third parties. For instance:
Truckers – Truckers spend loads of hours, traveling throughout our highways and interstates and in most truck accident cases, they are usually responsible either completely or partially for the resulting injuries. Truckers can create accidents by acting in negligent ways such as: driving under the influence, speeding, disregarding stop signs, or dangerous swerving. Other times, truck accidents occur due to the driver simply being drained. Federal law requires that trucks take mandatory rest breaks, but the majority of truckers ignore that so that they can meet certain specific company deadlines. Studies show that trucks increase their chances of being a part of an accident after eight consecutive hours of driving and 20 percent of truckers say they fell asleep more than once in the month before they participated in a survey. It could have been an accident, or intentionally, but either way – if a trucker’s negligence resulted in an accident that harmed you, then you can pursue a lawsuit against that individual.
Trucking Companies – Texas follows what’s known as respondeat superior, which means that employers can be ruled responsible for the actions of their workers. If the truck driver’s negligence was the cause of your accident, then the trucking company could also wind up being responsible. So if a truck driver, for example, had several prior DUI convictions and was liable for another accident while smashed, then the trucking company would definitely be responsible for any injuries stemming from the accident.
It’s important to realize the trucking company doesn’t have to behave negligently to be ruled responsible for the poor actions of its truck drivers. So, as long as the truck driver is deemed negligent, a lawsuit can be pursued for damages from the trucking company. The majority of the time the trucking company is the defendant victims want damages from due to their access to far more assets.
Manufacturers – Trucks and trailers are constructed by tons of tiny parts, all bolted and fit together to make sure the vehicle moves safely. If any of these parts don’t perform like they’re supposed to while the truck is operating, then an accident can occur. If this issue was because of a design defect or manufacturing error and an accident takes place, then anyone hurt in the accident has the option to be compensated by the manufacturer.
The Company that Planned the Route – Many times, the company that makes the cargo has no problem with the loading, but there are occasions when other businesses assume that responsibility. If the company that loaded the cargo did so in a poor manner, this can lead to an accident that creates injuries that the company would be responsible for. Cargo in 18-wheelers is limited to an 80,000-pound weight limit, but many businesses attempt to transport additional goods at a lower cost by disregarding this rule. Weight limits are established for a purpose because an overloaded truck has a far greater potential to topple when an accident happens.
When the company loading the cargo onto the trailer doesn’t fasten it down right, the cargo can become loose during travel, causing a load shift that overturns the trailer and leads to an accident with other vehicles. When you’re talking about flatbeds, cargo that’s loaded bad can crash onto the road and cause sudden panic for numerous unsuspecting drivers who are driving behind the truck.
Other Drivers – It’s dangerous to think that since another truck was part of an accident that that means the trucker or the actual truck was responsible. Sometimes other drivers ignore their duty to keep other drivers safe on the road, and a truck accident suddenly unfolds, causing further damage and injuries to more drivers. When this happens, the victims can pursue damage from this third party.
Any of these parties or combinations of numerous ones could have partially or totally been responsible for the truck accident that harmed you. You need the help of a qualified truck accident lawyer who can figure out the cause and of the key defendants, so you can receive the compensation you’re rightfully owed from all the key parties who hurt you with their negligence.