When motorists share the roadways with large, looming commercial trucks that outweigh standard cars by as much as 76,000 pounds, they face the risk of serious or catastrophic injuries in an accident. There is also the possibility of a denial of their insurance claim against a liable truck driver or trucking company due to the complexity of this type of legal process against powerful entities that protect their profits at an injury victim’s expense.
Instead of navigating a claim alone, call the Carrollton truck accident attorney at GreeningLaw for assertive, compassionate legal advocacy throughout the process. (972) 934-8900
Why Choose the Carrollton Truck Accident Lawyers at GreeningLaw?
A truck accident claim requires an in-depth investigation to determine the liable party or parties, as well as an experienced calculation of your damages to recover the maximum compensation available to you. At GreeningLaw, our Carrollton car accident lawyers offer the following:
- Over 40 years of experience in Texas truck accident claims, the insurance system, and civil courts
- Access to the best accident reconstruction specialists, crash forensics, and medical expert witnesses to strengthen your claim
- An attorney who spends time getting to know you and witnesses the impacts of your car accident injuries so they can make a more compelling claim for your compensation
- A history of exceptional results through settlements and jury awards for our injured clients to put a respected reputation behind your claim
We never charge upfront fees to injury victims. Instead, you’ll have a free consultation so we can hear the details of your Carrollton truck accident case. Then, we work for you and only charge a fee for our services after you have your check in hand.
What Does a Carrollton Semi-Truck Accident Lawyer Do?
No one should have to manage a truck accident case alone. Trucking companies are powerful, and so are their large insurance providers. They often use profit-protecting tactics at the victim’s expense. A truck accident attorney does the following on your behalf:
- Conducts an independent investigation to document compelling evidence of liability, including speaking to eyewitnesses, reviewing physical evidence, examining the police report and any photo or video evidence, and consulting with accident reconstruction specialists
- Carefully calculates damages by reviewing your accident-related expenses, consulting with medical experts to calculate your future damages, and determining an amount of compensation for pain and suffering
- Sends a demand package to the insurance company with their findings
- Negotiates with the insurance adjuster to achieve the highest possible settlement for your damages
Most truck accident claims end with settlements, but a truck accident lawyer prepares as though for court throughout the process. If your case requires litigation, your attorney presents a well-executed legal strategy in court seeking a verdict in your favor.
How Long Do I Have to File a Truck Accident Claim In Texas
The time limit for truck accident claims falls under the statute of limitations for personal injury, which is generally two years from the accident date. Only limited exceptions apply, including for minors and injury victims who discover injuries related to their accident later. Under the delayed discovery rule, the statute of limitations begins on the date the injury victim discovers the injury, or should reasonably have discovered it.
What Damages Are Recoverable In Carrollton Truck Accident Claims?
An alarming 70% of large truck accident injuries occur to motorists in other vehicles rather than the truck driver due to the size and weight differences. Common damages awarded to truck accident victims in Texas include:
- Past and future medical expenses
- Past and future income loss
- Diminished earning capacity (in cases of permanent disability)
- Out-of-pocket expenses
- Compensation for pain and suffering
Compensation for other damages may be available in specific cases, such as for disfigurement, loss of vision or hearing, traumatic limb loss, PTSD, or loss of enjoyment of life. If your loved one died from fatal truck accident injuries, a wrongful death claim could recover compensation for close family.
What Types of Truck Accidents Happen In Texas?
The booming trucking industry means that large commercial carrier trucks crowd Texas roadways along with garbage trucks, construction trucks, and box trucks. Unfortunately, this results in devastating truck accidents with the majority of injuries to drivers and passengers in smaller vehicles. The most common types of truck accidents in Carrollton and elsewhere in Texas include the following:
- Sideswipe accidents
- T-bone accidents
- Rear-end collisions
- Head-on collisions
- Rollover accidents
- Collisions with obstacles
- Jackknife accidents (the trailer moves out of alignment with the truck and pushes the cab forward into a crash shaped like a partly open jackknife)
- Underride accidents (a smaller vehicle wedges below the truck’s trailer during a collision)
- Override accidents (a truck drives up and over a smaller vehicle in a collision)
- Multi-car pileups
Recovering from a truck accident can feel overwhelming. Fortunately, hiring an experienced truck accident attorney helps relieve the stress of the legal process. A successful claim also relieves the financial hardship associated with serious injuries and property damage.
What Causes Most Texas Truck Accidents?
When a trucking company cuts corners, a truck maintenance company makes an ineffective repair job, or a driver’s carelessness causes an accident, the results can be devastating, with grave injuries to others. The most common causes of truck accidents include the following:
- Speeding
- Distracted driving
- Drowsy driving
- Failure to yield the right of way
- Unsafe lane changing
- Improper merging
- Tailgating
- Tire blowouts
- Improper passing
- Impaired driving
- Unbalanced or improperly secured loads
- Mechanical failure or faulty parts
In some cases, a truck accident may be caused by road hazards, such as potholes, uneven lanes, or obstructed signs, leaving a road maintenance agency liable or partly liable for an injury victim’s damages. The manufacturers of defective truck parts may be liable if a faulty part caused the accident. Other entities sometimes become third parties in truck accident cases, since the laws of proportionate responsibility hold all responsible parties liable for their portion of an injury victim’s damages.
Why Are Texas Truck Accident Claims More Challenging Than Other Traffic Accident Cases?
Commercial carrier trucks fall under federal regulation, requiring trucking companies, drivers, and other involved parties to carefully adhere to safety regulations. Unfortunately, it only takes one party’s negligence to cause a disaster that could impact your life adversely for years to come. Truck accident claims are challenging because multiple potentially liable parties often point their fingers at others. Hiring an experienced Carrollton personal injury lawyer will ensure that all liable parties are identified and held accountable.
The modified comparative negligence laws in Texas can hold multiple parties liable for damages if they contributed to the cause or severity of the accident under Sec. 33.001. PROPORTIONATE RESPONSIBILITY, which states:
“The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers…with respect to each person’s causing or contributing to cause in any way the harm for which recovery of damages is sought…”
Depending on the results of the investigation, the liable party in a truck accident claim in Carrollton could be one or more of the following:
- The truck driver
- The trucking company
- A negligent freight loading company
- A negligent truck maintenance service
- The manufacturer of a defective tire, truck part, or load-securing equipment
- A negligent road maintenance or roadway planning agency
- A third-party driver
Meeting the Standard of Liability In Truck Accident Claims
The evidence in a truck accident claim must effectively demonstrate the at-fault party’s liability. This requires evidence showing that the case meets the following standards of legal liability:
- The at-fault party owed a duty of reasonable care to the injury victim, as all drivers must take precautions to avoid causing injury, and those in the trucking industry must adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations
- The at-fault party breached their duty of care through careless, reckless, or wrongful action—all examples of legal negligence
- The breach of duty directly caused the accident and injury
- The injury victim suffered damages from the injury
A truck accident victim has the burden of proof in a compensation claim and must prove the at-fault party’s negligence through a preponderance of the evidence.
What to Do After a Truck Accident In Carrollton
The aftermath of an accident is a catastrophic scene, especially when a truck’s cargo spills. A truck accident victim may have grave injuries and can only rely on others to help; however, if you or an uninjured person can use a cell phone, protecting yourself physically and financially begins right at the scene of the accident. By using a cell phone, an accident victim can do the following:
- First, call 911 to report the accident and request emergency services
- Then, use the phone’s camera to take photos of the damaged truck and vehicle, and anything relevant to the cause of the accident
- Photograph your injuries, if any are visible
- Add the contact information of the truck driver and the trucking company
- Add the contact information of eyewitnesses
- Record your memory of the moments leading up to the accident and what happened, before the trauma fades the memory
- Go directly to the hospital from the accident scene, either in an ambulance for severe injuries, or by asking a friend or family member to drive you from the accident scene
Be sure to ask the medical professionals for a full medical evaluation as well as treatment for your emergency injuries. This helps ensure that the doctor diagnoses and treats every injury, including those that commonly have delayed symptoms, like whiplash, internal injuries, and many types of traumatic brain injuries.
Ask for a detailed medical report and doctor’s notes, listing your injuries, the treatment recommendation, and your prognosis for recovery. These, along with copies of your medical bills and receipts for injury-related expenses, become key evidence in your claim.
Going directly to the hospital ensures that you receive critical emergency care and documents that your injuries occurred in the accident.
What If a Truck Accident Causes a Fatality?
Because trucks outsize and outweigh average vehicles, motorists are highly vulnerable to catastrophic or fatal injuries. If you lost a loved one in a Carrollton truck accident, you or another close family member may be able to recover wrongful death benefits through a truck accident claim against the at-fault party. Our wrongful death attorneys in Carrollton can guide you through this process.
In Texas, a spouse, parent, adult child, or a representative of the decedent’s estate may file a wrongful death claim when the fatality occurred due to a truck accident caused by negligence. A successful claim could recover compensation for losses such as funeral and burial costs, lost earnings for the decedent’s remaining earning years, and compensation for the family’s grief and anguish.
Contact a Carrollton Truck Accident Attorney Who Is Waiting to Help
If your injury-related expenses are mounting and you’re still dealing with the physical recovery process, contact GreeningLaw so we can relieve the burden of pursuing financial compensation through our experienced handling of your case, allowing you to focus on maximizing your healing and well-being.