Commercial trucks can be found in every corner of the state, and Grapevine is no exception. Large trucks like 18-wheelers and delivery vans can present a serious safety hazard when their operators are negligent. The size difference between these vehicles and passenger cars often results in devastating injuries when the two collide.
If you or a loved one were injured in a tractor-trailer collision due to a negligent trucker, you could hold them accountable in court. A dedicated Grapevine personal injury lawyer from The Texas Law Dog could carefully review the facts surrounding your truck accident and advise you of your legal rights. Depending on the cause of the crash, you might be entitled to monetary compensation.
A Grapevine truck accident lawyer could assist you in holding the negligent truck driver accountable. After all, we were named Best Car Accident Lawyers in Arlington by Expertise.com for 3 years running.
Responsibility for a Truck Accident
In many ways, proving fault in a truck accident is similar to that in a collision between passenger vehicles. The type of negligent driving that results in a crash is the same, regardless of the type of vehicles involved in an accident. That said, there are additional regulations that truck operators must comply with that do not bind non-commercial drivers. A court could rely on the violation of any of these regulations as evidence of negligence.
Moving violations and other violations of the rules of the road routinely result in commercial truck crashes. These regulations cover the traditional moving violations like speeding, failing to signal, or running a stop sign. Like with other drivers, truck operators could also face civil liability if they cause a crash due to fatigue or intoxication. Any violation of these rules of the road could result in civil liability for any injuries that occurred.
Failing to Follow Trucking Regulations Can Be Used As Evidence of Negligence
The regulations specific to commercial trucks can also serve as evidence of negligence. One of the most common examples is a violation of the so-called “hours of service” rules under 49 CFR 395. These rules limit the number of hours a truck operator can be on the road without taking a break.
Violating these rules could increase the likelihood of an accident. There are also federal regulations regarding the weight of a truck or the length of a trailer. Failure to comply with any of these regulations could have a direct impact on the cause of an accident.
Establishing that a violation of these rules is possible even if the truck operator was not issued a citation. A skilled Grapevine truck accident attorney could investigate the nature of a truck accident, regardless if it involved a violation of the rules of the road. We will do everything in our power to determine who should be sued for your damages.
For a free legal consultation, call (817) 775-5364
Common Truck Accident Injuries
The injuries that come with a truck accident can be devastating. In some cases, these injuries are fatal. Some of the common injuries in a truck accident include:
- Traumatic brain injury
- Burns
- Broken bones
- Neck injuries
- Amputations
- Ligament and tendon injuries
These injuries can have long-term or permanent consequences in many cases. Treating these injuries is often costly, especially when they result in the need for long-term care. A skilled truck accident lawyer in Grapevine could assist in seeking monetary compensation for these injuries when they result from a truck accident.
How Trucking Accidents Occur
There are many reasons why a tractor-trailer collision could occur. Some of the most common reasons include lack of turn signals, poor driver training, texting while driving truck accidents in Grapevine, driver fatigue, intoxication, and unfamiliarity with the road. Additionally, passenger cars should be mindful that truckers have reduced visibility and many blind spots. Drivers should use extreme caution when traveling around 18-wheelers to help prevent these accidents.
Grapevine Truck Accident Lawyer Near Me (817) 775-5364
Grapevine Truck Accident FAQ
When you are still confused about how the truck accident claims process works, figuring out your next steps can be overwhelming. Your Grapevine car accident lawyer with The Texas Law Dog wants to make this process as easy as possible so you do not need to feel as though the weight of the world is on your shoulders.
For this reason, we have included a detailed FAQ below that provides the answers to some of the most popular questions our former clients have had regarding truck accident insurance and civil claims.
How Can I Get the Most Out of My Truck Accident Case?
If you hope to maximize the compensation you recover in your truck accident claim, a good first step is to file a claim with the insurance company with the help of a Grapevine truck accident attorney.
You may be able to recover a portion of your damages by filing a claim with the insurer, but you should never plan on an insurance settlement alone to be enough to fully cover the value of your losses. If you truly hope to get the most out of your truck accident case, always be prepared to file a personal injury lawsuit.
Insurance claims come with many restrictions and limitations. When you go to court, you have the right to be made whole or reimbursed for all compensatory damages. Keep in mind, however, that there may be caps on the amount of compensation you can recover depending on the type of accident you were involved in under Texas Statutes §104.001.
How do Truck Accident Insurance Claims Work?
Having your Grapevine catastrophic injury lawyer handle your truck accident insurance claim may be in your best interests. This is because insurance settlements are often nuanced.
Texas follows fault insurance laws under Transportation Code Chapter 601. Motor Vehicle Safety Responsibility Act, but that does not mean the insurance company is going to pay out on your claim without question.
After you file a claim with the liable party’s insurance company, it will be up to the insurer to process the claim and investigate. They will likely make you a settlement offer that is worth less than your damages are valued. For this reason, your legal advocate with The Texas Law Dog will be prepared to renegotiate settlement terms so you receive the fair compensation you are owed.
What do Texas’ Proportionate Responsibility Laws Have to Do with My Claim?
Texas follows proportionate responsibility laws per Tex. Civ. Pract. & Proc. Code §33.001. In other states, this would more commonly be known as modified comparative negligence with a 51% bar threshold. Essentially, you can recover compensation in your lawsuit despite sharing blame as long as your percentage of liability is not greater than 51%.
Additionally, your proportionate responsibility will be taken out of your settlement. For instance, if you are a victim of medical malpractice who shares blame for your condition because you failed to follow your healthcare provider’s treatment protocol, the judge might find you 20% liable. In this case, you would only receive 80% of your settlement award.
When does the Statute of Limitations Expire?
The statute of limitations will generally expire two years from the date of your truck accident, according to Tex. Civ. Pract. & Proc. Code §16.003. The deadline could be extended further from the date you were diagnosed with injuries if you are dealing with a delayed diagnosis situation.
If your truck accident lawsuit or insurance claims are not filed before the time runs out, you may miss out on compensation you could have otherwise recovered.
How Much Is My Truck Accident Case Worth?
To determine how much your truck accident damages are worth, we will need to carefully evaluate your various economic and non-economic damages. You are entitled to the full value of your compensatory damages. Some of the most common types of recoverable damages in commercial truck accident claims include:
- Loss of income
- Pain and suffering
- Reduced quality of life
- Diminished earning capacity
- Loss of employer-provided benefits
- Mental anguish
- Inconvenience
- Professional reputational damage
- Increased insurance premiums
- Truck or vehicle repairs
- The cost of a rental car
- Medical bills and equipment
- Future healthcare expenses
You can also find out whether exemplary damages should be awarded in your case. Per Tex. Civ. Prac. & Rem. Code §41.001, punitive relief will not apply in all truck accident or personal injury claims. Instead, they apply when the defendant intended to cause injuries, was grossly negligent, or maliciously harmful.
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Talk to a Truck Accident Attorney in Grapevine as Soon as Possible
Truck collisions routinely lead to devastating personal injuries. From other motorists to pedestrians, anyone involved in a truck crash is at risk. If you are living with the consequences of a truck accident, you could be entitled to monetary compensation from the party that caused the wreck.
Contact a Grapevine truck accident lawyer with The Texas Law Dog immediately to discuss your options.
Call (817) 775-5364 or complete a Free Case Evaluation form
