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 can carefully review the facts surrounding your truck accident and advise you of your legal rights. Depending on the cause of the crash, you may be entitled to monetary compensation.
Your Grapevine truck accident lawyer can 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. We don’t just bark. We bite.
How a Former Insurance Industry Professional Builds Strong Truck Accident Cases
Truck accident claims are not just about proving fault. Insurance companies work to reduce or deny payouts, making it difficult for you to recover the compensation you deserve. Your Grapevine truck accident attorney with The Texas Law Dog worked in the insurance industry and knows exactly how these companies operate and what it takes to fight back.
How Insurance Companies Approach Truck Accident Claims
Insurance companies do not exist to help you. Their goal is to protect their bottom line, which means reducing or denying your claim whenever possible by:
- Minimizing payouts
- Delaying claims
- Lowball settlement offers
- Shifting blame to the injured party
- Denying claims based on pre-existing conditions
Adjusters may dispute liability, claim your injuries are not serious, or argue that pre-existing conditions caused your medical issues. Insurers often slow down the process, hoping you will accept a lower offer out of frustration. Some request unnecessary documentation or schedule repeated evaluations to delay your claim. Initial settlement offers rarely cover the full extent of your damages, and without legal representation, you may not realize how much compensation you are entitled to.
Strategies for Maximizing Compensation After a Truck Crash
Insurance companies take your claim more seriously when they know you have strong evidence. Acting quickly after a truck accident helps protect the information needed to build your case, such as:
- Preserving evidence
- Negotiation tactics
- Calculating damages
- Proving long-term medical needs
- Challenging insurance company delays and denials
- Establishing non-economic damages like pain and suffering
Black box data, truck inspection records, and witness statements are critical to proving what happened. Trucking companies may try to hide or destroy this evidence, but swift legal action can prevent that. Insurers will not make a fair offer unless they believe they will lose in court.
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.
Grapevine Truck Accident Lawyer Near Me (817) 775-5364
Trucking Companies Have an Obligation to Prevent Accidents
Trucking companies are responsible for keeping their vehicles and drivers safe, but many cut corners to increase profits. Poor maintenance, driver fatigue, and inadequate training all increase the risk of serious accidents. When a trucking company’s negligence causes a crash, you have the right to hold them accountable.
Common Trucking Company Safety Violations
Many trucking companies put profit ahead of safety, which increases the risk of deadly crashes. This often occurs due to:
- Exceeding legal driving hours
- Improper truck maintenance
- Inadequate driver training
- Overloading cargo beyond legal weight limits
- Falsifying driving logs to meet unrealistic deadlines
- Ignoring required safety inspections
- Failing to conduct background checks on drivers
Brake failures, tire blowouts, and worn-out steering components make trucks unsafe to drive, yet some companies skip inspections or delay repairs. Rollovers, jackknife accidents, and lane departures often happen when a driver is inexperienced or unqualified due to a lack of proper training.
Holding Trucking Companies Accountable for Negligence
Trucking companies must follow strict regulations, but many ignore these rules to increase profits. The right evidence can prove that a company’s negligence led to your accident, including:
- Trucking logs, inspection reports, and black box data
- Negligent hiring practices
- Corporate liability
- Internal company policies encouraging reckless driving
- Failure to comply with federal trucking regulations
- Evidence of prior safety violations or repeat offenses
- Lack of routine maintenance and inspections
- Driver fatigue records and hours-of-service violations
- Video footage from in-cab cameras
Company records can show whether a trucking company violated federal regulations or allowed unsafe driving practices. A company that hires drivers with a history of accidents, drug use, or traffic violations may be responsible for a crash. If a trucking company encouraged unsafe driving habits, failed to maintain its fleet, or ignored federal safety regulations, it may be sued along with the driver.
The Impact of a Trucker’s Driving History on Your Claim
A truck driver’s record can provide key evidence in your case. If a driver had past violations, it may indicate that the trucking company failed to enforce safety policies or hired an unqualified driver. A history of reckless behavior can strengthen your claim by showing a pattern of negligence. Some of the most concerning issues that may appear in a driver’s history include:
- Speeding violations
- Reckless driving citations
- DUI convictions
- Hours-of-service violations
- Prior crash involvement
- Failed drug or alcohol tests
- Lack of proper licensing
- Warnings or citations from the FMCSA
If a trucking company allowed a driver with a history of safety violations to remain behind the wheel, both the driver and the company may be liable for your injuries. Subpoenaing employment and safety records can uncover violations that would otherwise go unnoticed.
Challenges That Follow Truck Accident Claims
Truck accident claims are not the same as car accident cases. These crashes often result in severe injuries, multiple liable parties, and complex insurance policies that work against you. If you were injured in a truck accident, proving fault and securing compensation requires an aggressive legal strategy backed by powerful supporting evidence.
Federal and State Laws That Affect Your Case
Commercial trucks must follow strict federal and state regulations. If a trucking company or driver violated any of these laws, they may be held responsible for your injuries. Some of the most common violations in truck accident cases include:
- Weight restrictions under Federal Highway Administration (FHWA) guidelines
- Vehicle inspection requirements under 49 CFR 396.11
- Commercial driver’s license (CDL) requirements under 49 CFR 383.23
- Cargo securement rules under 49 CFR 393.100
- Alcohol and drug testing requirements under 49 CFR 382.303
How Multiple Liable Parties Complicate Truck Accident Claims
Truck accident claims are rarely limited to just the driver. Several parties may share responsibility, and each will have their own legal team working to minimize liability. To hold every negligent party accountable, it is important to examine how each may have contributed to the crash.
Determining liability requires more than a police report. Accident reconstructionists, vehicle inspections, and a thorough review of trucking industry regulations can provide critical evidence. When multiple insurance companies are involved, they may try to shift blame or offer low settlements.
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 injuries (TBI)
- Burns
- Broken bones
- Neck injuries
- Spinal cord injuries
- Whiplash
- Amputations
- Back injuries
- Ligament and tendon injuries
- Post-traumatic stress disorder (PTSD)
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. Your skilled truck accident attorney in Grapevine could assist in seeking monetary compensation for these injuries when they result from a truck accident.
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 truck 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 reputable legal advocate.
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 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 Civil Practice and Remedies Code §104.001.
How Do Truck Accident Insurance Claims Work?
Having your Grapevine truck accident lawyer handle your truck accident insurance claim may be in your best interest. 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 Texas Civil Practice and Remedies Code § 33.001. In other states, this would more commonly be known as modified comparative negligence with a 50% bar threshold. Essentially, you can recover compensation in your lawsuit despite sharing blame as long as your percentage of liability is not greater than 50%.
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 Texas Civil Practice and Remedies 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 evaluate your various economic and non-economic damages carefully. 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 Texas Civil Practice and Remedies Code § 41.003, 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 was maliciously harmful.
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 truck accident lawyer in Grapevine with The Texas Law Dog immediately to discuss your options.
