Truck accidents are often some of the most destructive accidents. Victims face all manner of horrific injuries in many cases. Fortunately, compensation is available to many. But first, victims must build a strong case for negligence and liability. A lawyer for truck accident cases is crucial to this process.
The Value of Proving Negligence in Truck Accidents
The simple fact remains that in most truck accident cases (and personal injury cases in general), the victim must prove negligence in order to collect compensation. A defendant in an action cannot be held to pay damages unless there is evidence of their negligence.
Proving negligence is a detailed legal-technical process that requires clear evidence presented in a manner that sufficiently demonstrates its existence. Truck accident attorneys meticulously build cases using the evidence they recover from detailed accident investigations.
Common Causes of Truck Accidents and Their Implications
In their investigations, attorneys find many different causes, some of which are more common than others, such as:
- Driver exhaustion or fatigue
- Blind spots
- Negligent vehicle inspection and maintenance
- Traffic violations
- Improper load or cargo
- Negligent hiring
- Negligent supervision
- Defective truck parts
As you can see, some of these common causes of truck accidents involve parties in addition to or other than the driver. When other parties besides the driver are negligent, they also may be held to pay.
Even in the event that only the driver is negligent, the victim may still file suit against the driver’s employer on the grounds of vicarious liability.
What Your Lawyer for Truck Accident Cases Will Look For
When conducting an investigation into your trucking accident, your attorney will be searching for evidence in many forms. Each piece of evidence should help them prove negligence. Evidence of negligence in these cases may come in the form of:
- Traffic cam footage
- Video footage
- Driver’s logbook
- Vehicle inspection records
- Vehicle inspection
- Witness testimon
- Medical records of the accident
- Driver and company records
Your truck accident attorney may also hire accident-reconstruction experts to help them prove their case. The goal is to collect and present evidence of failures and identify the parties involved.
The Role of Trucking Regulations on Liability
Trucking regulations are in place to protect the public from the damage that unreasonably dangerous trucks can cause. Because trucks weigh thousands more pounds than regular cars, federal and state governments have established regulations to keep the public safe.
Important regulations at the federal level include:
- Hours-of-service regulations
- Truck weight and load rules
- Truck inspection and maintenance requirements
Hours-of-service regulations put a ceiling on how many hours a driver may drive in a day or week. They prevent drivers from suffering from fatigue or exhaustion while on the road. Truck weight and load rules dictate weight limits and how loads are to be transported. Inspection rules require drivers to regularly inspect their vehicles and maintain them to identify and correct emerging problems.
Analyzing Driver and Company Records
Your lawyer for truck accident injuries will spend time meticulously reviewing the safety records of the driver and their employer. Of particular interest when it comes to the driver are:
- Driver’s logbook
- Driver’s schedule
- Driver’s record and history of violations
The company’s safety records may also be reviewed as well as their hiring practices and vehicle service records. Additionally, a company’s overall safety profile can provide clues indicating negligent behavior.
Important records may also be found on the vehicle’s black box. Similar to an airplane’s black box, truck black boxes record data relating to the truck’s performance before, during, and after a crash.
FAQ
What Is the Statute of Limitations for Trucking Accident Cases?
Texas has a personal injury statute of limitations of two years. Trucking accident victims typically need substantial compensation but may lose this compensation by waiting too long to take action.
Two years after an accident, the right to seek compensation disappears in most cases. Victims under the age of 18, however, typically have until their 20th birthday to file a lawsuit.
Can I Afford a Trucking Accident Lawyer?
No out-of-pocket costs are involved in your representation. Your truck accident attorney recovers their fee from the compensation they win for you. Additionally, you only pay your attorney’s fee if they win.
How Long Will My Trucking Accident Case Take?
How long your Texas trucking accident case takes is a function of the specific facts of your case. Depending on the circumstances of your truck crash, your case could be settled rather quickly.
On the other hand, factors in your case may lead to an extended resolution time. Once our attorneys review your case, we can give you a more concrete idea as to how long your case might take.
What Damages Can I Receive in a Trucking Accident Case?
Texas trucking accident victims may pursue economic and non-economic damages, including:
- Medical expenses
- Hospital expenses
- Prescription medication costs
- Lost income
- Home replacement services
- Pain and suffering
- Lost enjoyment of life
- Mental anguish and emotional distress
- Disfigurement and scarring
- Disability
Regarding the amount of damages you might receive, each case is different. Serious injuries and loss of high-paying employment can lead to significant compensation. In every case, having an attorney as an advocate is crucial to maximum compensation.
Robust Representation for Your Truck Accident Case
If a truck has caused you injury, you may be in line to receive substantial compensation. The truck accident lawyers at Ramsey Law Group are ready to fight for what you deserve while you heal and get better. Call now to speak with an experienced truck accident lawyer at no charge and take the next step toward the money you deserve.