Irving Jackknife Truck Accident Lawyer
Federal mandates impose standards of safe conduct on all drivers of 18-wheeler commercial trucks, including compulsory rest periods. Unfortunately, these rules may be overlooked by truck drivers. Other commercial truck drivers may drive at excessive speeds, be ill-trained, or even operate a big rig while under the influence. Regardless of the cause, when a truck driver loses control of an 18-wheeler, causing the trailer to swing outwards at an angle like an opening jackknife and collide with an innocent motorist, they could be held liable for damages.
If you are injured in a tractor-trailer wreck, an Irving jackknife truck accident lawyer could investigate the crash thoroughly and help recover the compensation you deserve from all parties who may be liable for your losses. Speak to a seasoned truck accident attorney to discuss your case and legal rights.
Common Causes of a Truck Accident
There are various factors that could cause a jackknife trucking accident. Often, injuries could be attributed to negligence. Common causes of jackknife truck accidents in Irving include the following:
- Truck driver negligence
- Driver fatigue
- Inexperienced or unqualified truck drivers
- Overloading or unsecured load
- Equipment failure
- Truck defects
- Negligent maintenance
A jackknife truck collision attorney in Irving could immediately begin to investigate the crash and take steps to preserve all related evidence to construct a strong claim for the injured party.
Injuries Which May Result from a Jackknife Truck Collision
Jackknife truck collisions may result in injuries ranging from moderate to catastrophic losses. These injuries may include:
- Broken bones
- Traumatic brain injuries
- Soft tissue injuries
- Spinal cord injuries
- Neck and back injuries
- Internal organ damage
Establishing Liability for a Big Rig Crash
A lawyer could conduct an in-depth investigation into the jackknife truck accident to find out who may be liable. Often, the truck driver’s negligent actions may be the cause of a collision. If they are employed by a trucking company, the business may also be liable. Sometimes, it could also be that the maintenance provider or truck company bears liability.
Depending on the circumstances of the jackknife truck accident, the parties responsible for the victim’s injuries may include the truck driver, motor carrier, maintenance provider, loading company, vendor for the motor carrier, cargo owner, vehicle manufacturer, or part manufacturer.
The Modified Comparative Negligence Rule
Often, the truck driver or company may try to allege that the injured victim was also at fault for the crash. Their insurance company could use this to try to limit or deny the victim’s claim. If the injured party does share some degree of liability, the amount of compensation they may be entitled to would be reduced by an amount equal to their percentage of fault.
However, under Texas Civil Practice and Remedies Code §33.001, if the injured party is found to share more than 51 percent of the legal liability, they would be unable to recover damages from the other at-fault parties. An experienced attorney could help the injured party fight back against this defense and strive to establish that they did not contribute to the accident, or if they did, that it was a minimal amount.
The Statute of Limitations
Under Tex. Civ. Prac. & Rem. Code §16.003, the statutory deadline for personal injury cases, including truck accidents, is two years from the date of the injury. This means that victims of Irving jackknife truck collisions have two years from the date of the crash to file a lawsuit with the state’s civil courts.
If an injured person fails to file their lawsuit before the close of the two-year window, the civil court system may refuse to hear their case, and their right to compensation would be lost.
Irving Jackknife Truck Accident Compensation
Depending on the victim’s injuries, they may face significant bills above and beyond an initial emergency room visit, such as in-home care, physical therapy, medical equipment, and other healthcare needs. When another individual or entity is responsible for a victim’s losses, the injured person may receive compensation for their economic and non-economic damages.
Recoverable compensation could cover medical costs, lost income, loss of earning capacity, disfigurement, and physical limitations. Other compensation may include reduced quality of life, pain, suffering, and mental anguish. It is best to speak to an experienced jackknife truck accident attorney in Irving to determine the type of damages an injured claimant may be eligible to recover.
Let an Irving Jackknife Truck Accident Attorney Help
An Irving jackknife truck accident lawyer could fight hard to improve your chances of receiving and maximizing your financial recovery. An attorney could handle all aspects of your injury case, from investigation and interviewing witnesses to negotiating for a settlement or advocating your case at trial.
If you or your loved one has been injured in a serious jackknife truck accident, do not hesitate to call today to schedule your case consultation and discuss what legal recourse may be available.