DeSoto Semi Truck Accident Lawyer
When it comes to motor vehicle wrecks, few types of vehicles can cause as much damage as 18-wheelers. These massive big rigs can weigh tens of thousands of pounds or more with cargo and can annihilate virtually any other type of vehicle that crosses its path.
If you have suffered catastrophic injuries as a result of a collision, you may have the right to total compensation for your damages and suffering.
Working with a high-powered DeSoto semi-truck accident lawyer from The Texas Law Dog could be the best way for you to pursue justice and make the at-fault party pay. We are available to help individuals in both English and Spanish to better serve our community.
Schedule your free consultation with a top-rated DeSoto truck accident lawyer from our firm today to learn more about how the truck accident claims process works, whether you have grounds for legal action, and how much you could be awarded if we win.
Proving Negligence and Establishing Liability
Your DeSoto personal injury lawyer must prove negligence and establish liability for the jury to find the defendant liable for your damages. We must be able to show that the defendant owed you a duty of care and breached that duty. These actions must have caused the accident and resulted in your injuries.
Identifying the liable party will be one of our top priorities. How your semi truck accident occurred will help us determine who should be held accountable. For instance, if you were involved in a drunk driving accident, it stands to reason that the drunk driver could be sued for your damages.
However, we may also be able to sue the trucking company, safety inspectors, cargo loaders, or other third parties, depending on how your collision occurred. For this reason, we may need to hire accident reconstructionists and other experts to help us understand the cause of the wreck. Once we know who is at fault, we can proceed with your insurance and civil claims.
DeSoto Semi Truck Accident FAQ
What Are the Most Common Types of Semi Truck Accident Injuries?
Semi-truck accidents can cause a wide variety of injuries. Keep in mind that it is not the type of injury that determines how much compensation you can be awarded but the severity of the injuries you sustained and how they have impacted your life. Some of the most common types of semi-truck accident injuries our clients in DeSoto have reported over the years include:
- Neck injuries
- Back injuries
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Amputation
- Paralysis
- Post-traumatic stress disorder (PTSD)
- Shoulder injuries
- Concussion
- Whiplash
- Internal bleeding
- Organ failure
- Lacerations that cause septic shock
How do Contingency Fees Work?
Contingency fees are an excellent type of payment structure that personal injury law firms often use to help individuals who have been seriously injured in commercial truck accidents and other types of incidents.
As you may already know, injury victims may experience extreme financial losses and be unable to continue working while recuperating. This often means relying on credit cards and savings to stay afloat.
You may not have the money to hire a DeSoto semi-truck accident attorney to advocate for your rights. We recognize this and do not believe you should be responsible for covering the costs of pursuing your case either. For this reason, we craft our contingency agreements in line with the Texas Disciplinary Rules of Professional Conduct.
This means we only get paid if we win. If we lose, you will never pay even a dime in legal expenses. If we are successful in recovering compensation for your damages, a percentage of your award will cover our attorney’s fees.
What Is the Federal Motor Carrier Safety Administration (FMCSA)?
The Federal Motor Carrier Safety Administration (FMCSA) is a government agency that oversees the regulation, safety, and maintenance of tractor-trailers, commercial trucks, and big rigs.
There are multiple rules trucking companies must follow to remain in compliance with FMCSA regulations. For instance, if a trucking company forces a truck driver to work more than 14 hours in a shift or requires the truck driver to start a new shift sooner than 10 hours after finishing a 14-hour shift, they may be in violation of 49 CFR 395.
There are also FMCSA regulations regarding commercial truck weight restrictions. Trucking companies often violate FMCSA rules, which can leave them open to liability for the injuries and damages victims sustain. Your DeSoto car accident lawyer with The Texas Law Dog may refer back to the FMCSA statutes to build your case against the liable party.
How do Punitive Damages Work?
Exemplary, or punitive, damages are not awarded in every personal injury or semi-truck accident claim. In fact, they are typically only issued if the judge presiding over your case finds it necessary to punish the liable party further. Punitive damages are not like compensatory damages, which you are entitled to recover.
Under Tex. Civ. Prac. & Rem. Code §41.003, punitive damages should only be issued if the defendant’s conduct is deemed egregious, grossly negligent, reprehensible, or with intentional malice.
This means the circumstances of your collision will determine whether punitive damages should apply. For instance, if the trucking company had a history of failing to do their due diligence before hiring a truck driver, and the trucker who hit you had a history of reckless driving, punitive relief may be appropriate.
What Is Dram Shop Liability and How Could It Affect My Truck Accident Claim?
Dram shop liability refers to the legal statute that determines how businesses that sell or serve alcohol will be held accountable in the event of a drunk driving accident. Under Tex. Alc. Bev. Code §2.01, these dram shops are prohibited from serving or selling alcohol to anyone who is already visibly impaired. Violating these laws means they could be subject to fines and liability in your semi-truck accident claim.
Consult a Reputable Semi Truck Accident Lawyer in DeSoto Today
The injuries you sustained in a commercial trucking accident may have a profound impact on your life. Between the debilitating financial losses, your recovery, and the emotional distress, picking up the pieces of your life can seem next to impossible. Let us help you get through some of the most difficult times in your life.
Your dedicated semi–truck accident attorney in DeSoto with The Texas Law Dog has devoted our practice to recovering maximum compensation for accident victims and injury survivors throughout DeSoto and surrounding communities.
When you are ready to take action, contact a DeSoto semi-truck accident lawyer for a free consultation.