It is impossible to travel anywhere in Irving or throughout the state without encountering large trucks. Whether these include tractor-trailers, construction vehicles, or delivery trucks, all drivers and passengers need to be aware of the hazards that these vehicles and their drivers pose to their safety.
Even if a trucker takes all appropriate steps to drive responsibly and uses all required safety equipment, unavoidable hazards may still occur.
If you or a loved one were injured in a tractor-trailer collision, an Irving truck accident lawyer with The Texas Law Dog could help you seek compensation for damages, and you can reach us 24/7 when you need us most. These can include payments to cover your medical bills, your lost wages, and your emotional suffering. Reach out to an experienced Irving personal injury lawyer to discuss your rights and legal options.
How does the Burden of Proof Work?
The burden of proof is not beyond a reasonable doubt the way it is when a defendant faces criminal charges. The individual or entity responsible for causing your commercial truck accident will only face criminal charges if they violate a state or federal law and the district attorney decides to pursue formal charges. When you take legal action, you are filing a civil claim with the help of your Irving car accident lawyer.
The burden of proof in civil court is based on a preponderance of the evidence, according to the University of Texas School of Law. We do not necessarily need to prove beyond the shadow of a doubt that the defendant is responsible for causing your collision or resulting damages. However, we do need to present evidence that is clear and convincing that the defendant is more likely than not at fault.
For instance, we may introduce dash cam footage of the collision that can clearly show the defendant speeding, driving through a red light, or operating the big rig erratically. We could also ask witnesses, engineers, accident reconstructionists, and responding officers to testify on your behalf at trial. The more compelling the evidence, the more likely you are to recover maximum compensation for your losses.
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Duty of Truckers and Trucking Companies
Every driver on the road assumes a duty to keep all other people safe, including truckers who are operating massive vehicles. When on the road, truckers should take extra care to ensure that they do not cause accidents since the results of these collisions can be catastrophic.
Many truck crashes are the result of big rig drivers failing to follow the rules of the road.
Local laws concerning speeding, proper lane changes, and yielding apply to truck drivers the same as they do to all other travelers. As a result, a trucker who causes an accident by violating a rule of the road could be considered negligent and at fault for a collision. Additional federal regulations apply to the trucking industry.
For example, there is a maximum number of hours that a commercial driver may operate on any given day or week. Similar laws control maximum cargo loads. Truckers and their employers who violate these laws are also likely negligent for an accident. A reputable Irving truck accident attorney could help to explain the duties of truckers and how a violation of that duty leaves them liable for an accident.
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The Effects of Serious Truck Accidents
Commercial vehicles are much larger than passenger cars. This means they can cause significant damage. The most common types of injuries that result from truck accidents include:
- Broken bones
- Separated joints
- Traumatic brain injury
- Severe cuts and bruising
- Burn injury
- Amputations
- Spinal cord injury
How to Determine What Your Claim Is Worth
Claims for compensation should always demand full payments for all necessary past and future medical care. However, plaintiffs who stop at these payments may sell themselves short. The purpose of a personal injury claim is to make the plaintiff whole again.
This means that a claim must evaluate the financial and emotional impact of the incident in addition to the physical losses. If an injury is so severe as to keep a plaintiff out of work or leave them with a permanent disability, a defendant may be liable to pay for these losses. Additionally, truck accidents can be traumatic experiences that leave plaintiffs with PTSD, flashbacks, or trouble sleeping.
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Irving is a Comparative Negligence Jurisdiction
In Texas, plaintiffs can still recover damages even if they are partly to blame for their accident. This is because Texas is a comparative negligence state. Under a pure comparative negligence system, the plaintiff could collect damages even if he or she was 99 percent at fault.
Texas operates under the modified comparative negligence system per Tex. Civ. Pract. & Proc. Code §33.001, which allows plaintiffs to recover damages if they are 51% or less at fault for their damages. This is also commonly referred to as proportionate responsibility. The Texas system seems to provide a healthy balance because it protects the rights of plaintiffs who are victims of negligence while also discouraging frivolous or marginal lawsuits.
Expect your settlement to be reduced to account for your proportionate liability. For instance, let’s say you were not wearing your seatbelt when you were struck by a drunk truck driver. The judge might determine you were 10% responsible for your injuries and issue only 90% of your awarded settlement.
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Irving Truck Accident FAQ
When Is the Deadline to File a Claim for Truck Crashes?
An effective claim can demand payments for these emotional losses. A high-powered truck accident lawyer in Irving from The Texas Law Dog could help you pursue your claims for its full value. However, this only applies if a plaintiff pursues their case on time.
Texas Civil Practices & Remedies Code §16.003 says that injured individuals have just two years to pursue a claim. Act swiftly to protect your rights. Failure to file your lawsuit before time runs out could be catastrophic for your personal injury lawsuit.
How Much Could I Win if My Case Is Successful?
If your case is successful, you could recover the total value of your economic and non-economic damages. The exact amount of compensation you recover will be determined by the extent of your financial losses and the various ways your life has been affected by your intangible, non-economic losses. Some examples of these compensatory damages that could be awarded in your truck accident case include:
- Damage to your personal and professional reputations
- Loss of income, employee benefits, and earning potential
- Medical devices, equipment, accommodations, and future expenses
- Emotional distress, pain and suffering, and loss of consortium
- Indignity, shame, mental anguish, fear, and shock
- Damage to your personal property, including vehicle repair costs
- The diminished value of your car plus rental car expenses
Will I Be Awarded Punitive Damages?
Punitive damages are also commonly referred to as exemplary damages in the state of Texas. Unfortunately, not every truck accident or personal injury claim will involve a punitive damages award. This is because, per Tex. Civ. Prac. & Rem. Code §41.001, punitive relief is not something all injury victims are entitled to.
In fact, the purpose of punitive damages is not to award the injury victim at all but to punish the defendant for actions that have been deemed egregious or grossly negligent. Typically, juries and judges will award punitive damages to ensure the defendant is punished to the full extent of the law. However, they can also be awarded the opportunity to send a message to the community that the court system has and will continue to take cases like these seriously.
Is Texas a No-Fault Insurance State?
No, Texas is not a no-fault insurance state. In no-fault insurance states, drivers are required to carry personal injury protection (PIP) coverage. In Texas, we follow fault insurance laws per Transportation Code Chapter 601. Motor Vehicle Safety Responsibility Act.
Liable parties are expected to compensate injury victims when they cause collisions. This means you will generally begin the claims process by filing a claim against the liable party’s auto insurance policy. Since all drivers are required to carry auto insurance coverage, you should be able to recover at least a portion of your damages through the insurance company unless the driver who hit you is uninsured.
An Irving Truck Accident Attorney Could Fight to Protect a Claim
Truck accidents that happen in Irving and the surrounding areas can result in catastrophic losses. These include physical injuries, emotional trauma, and lost wages. Fortunately, those who have been injured in a tractor-trailer collision may be eligible to recover compensation for damages.
A respected truck accident attorney in Irving from The Texas Law Dog could help to protect your right to fair compensation. We can handle every portion of your claim while you focus on making your best recovery. Call today to get started on your claim with a free consultation.
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