Just because a commercial truck driver has earned their license does not guarantee that they will follow the rules of the road. If a commercial trucker is negligent and causes an accident that results in injuries, hold them accountable. Meet with a Dallas commercial truck accident lawyer, and you can find out if you can sue the trucker or their employer for damages.
A Hopkins County native, The Texas Law Dog is familiar with local laws. If you are the victim of a commercial truck driver’s negligence, we are here to help you. Schedule a free case consultation with our Dallas truck accident lawyer.
Who Is Responsible for a Commercial Truck Crash
In many instances, a trucker is at fault for a commercial vehicle collision. There are times when someone other than the truck driver is found to be liable for a crash. Beyond a trucker, parties that can be responsible for a commercial truck accident include:
- Truck company
- Truck manufacturer
- Mechanic
- Government entity
- Cargo loader
If you are unsure about who is liable for your truck crash, connect with The Texas Law Dog. We can provide you with details about what a Dallas personal injury lawyer does and why you should have one represent you. Discuss your case with our commercial truck accident lawyer in Dallas.
For a free legal consultation, call (817) 775-5364
How Much Time You Have to Sue for Damages as Part of a Dallas Commercial Truck Accident Lawsuit
Per Civil Practice and Remedies Code Chapter 16, you are limited in terms of how much time you have to file a commercial truck accident lawsuit. Generally, you have two years from the date of your accident to sue. After this period, you may be 100% responsible for your crash–related losses.
A commercial truck accident lawyer in Dallas understands the personal injury claim statute of limitations. They can answer any questions you have regarding how long you have to file a Texas truck accident claim. If you are ready to pursue damages, your attorney can submit your claim promptly.
You could receive compensation without a lawsuit. For instance, you can notify your auto insurer about your accident, and the company can follow up with a trucker’s insurance carrier. If the truck driver’s insurer finds their client is responsible for your collision, it could provide you with compensation for your losses.
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Damages You Can Recover in Your Lawsuit
When it comes to the role of a truck accident lawyer, how your attorney approaches damages is key. Ultimately, your lawyer will encourage you to ask for economic and non-economic damages. You could secure these for many reasons, including:
- Costs to replace or repair your car
- Medical charges
- Loss of income
- Pain and suffering
Every commercial truck crash is different, and how much you can get in damages depends on the facts of your case. A commercial truck accident attorney in Dallas can help you add up your damages. They will prepare an argument designed to show a judge or jury that you deserve the full amount you are requesting.
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The Role of Negligence in Your Lawsuit
It is your responsibility to prove that a liable party was negligent. Otherwise, a judge or jury may be inclined to rule against you. Four elements of negligence must have been present at the time of your commercial truck crash for you to secure damages:
- Duty of Care: It is reasonable to expect a truck driver or another party to follow state and federal laws and do everything within their power to avoid putting you and others in danger.
- Breach of Duty of Care: A party chose to ignore their legal obligation to you and committed an act of carelessness and recklessness.
- Causation: Due to the party’s actions, your accident occurred, and you got hurt.
- Damages: You have incurred quantifiable or subjective losses in your accident.
In addition to negligence, your lawyer will account for modified comparative fault in your truck accident. Based on the modified comparative fault rule, a judge or jury may say that you contributed to your collision. In this situation, you may get partial damages or not be able to receive any compensation for your losses.
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Evidence You Can Use in Your Case Against a Liable Party
To prove negligence, you will need a preponderance of evidence. Your lawyer can help you collect proof, which can be used to strengthen your argument against an at-fault party. Evidence that can be utilized in your case includes:
- Photos and videos from the scene of your accident
- Statements from witnesses
- Accident and police reports
- Medical records
- Pay stubs
- Truck inspection reports and maintenance records
- Cargo information
- Truck driver drug and alcohol test results
- Data from an electronic logging device (ELD)
- Hours of service (HOS) logs
Your body of proof could have far-flung effects on how the defendant approaches their case against you. If you have an abundance of evidence, it becomes difficult to disprove your argument. Thus, the defendant could offer a reasonable settlement, and accepting this proposal would allow you to resolve your case without having to go to trial.
Submitting a Commercial Truck Crash Wrongful Death Lawsuit
Losing a family member in a fatal commercial truck collision has major implications for you and your family. You and your loved ones may mourn the loss of your family member long into the future. It can be challenging to figure out how you will stay afloat financially as well.
A Dallas wrongful death lawyer offers legal services and support to the families of fatal truck crash victims. Your attorney can help you take legal action against anyone who contributed to your loved one’s accident. They can guide you through the legal process.
Your lawyer will work diligently to build a case designed to prove to the court that you should be awarded damages. As your litigation moves forward, your lawyer will assist you and your family at each stage.
Work with a Dallas Commercial Truck Crash Lawyer Who Is Committed to Excellence
The Texas Law Dog is a trusted choice for those in need of legal representation in a commercial truck accident case. We will commit the time and effort required to help you achieve your desired case result. Request a free case consultation today.
Call (817) 775-5364 or complete a Free Case Evaluation form