Collisions involving trucks, tractor-trailers, and other commercial vehicles are devastating events. Not only can these crashes cause life-altering physical injuries, but they can also severely reduce your quality of life or jeopardize your ability to earn a living. Truck drivers have the same obligations to follow the rules of the road as all other travelers. In addition, special rules apply regarding their maximum weights and drive times.
Failure to adhere to any of these rules means that a trucker, their insurance company, and their employer are liable to provide compensation for your losses. A Southlake truck accident lawyer from The Texas Law Dog may be able to help you collect these payments.
Your Southlake personal injury lawyer is available 24/7 for case evaluations and could fight to protect your legal rights while you focus on making your best recovery and getting your life back to normal.
Truckers Have a Duty to Drive Safely
In most respects, commercial vehicle drivers are no different from those behind the wheels of personal cars in terms of their legal obligations. Truckers must obey speed limits, yield when appropriate, and stop at red lights. Truckers who fail to follow these rules of the road are at fault for any collisions that result.
However, special rules also apply to drivers of commercial vehicles. Especially for long-haul truckers, the Federal Motor Carrier Safety Administration (FMCSA) limits how long a person may be behind the wheel in any given week or day. Breaches of these rules are just as serious as moving violations and indicate fault for an accident.
A proactive truck accident attorney in Southlake could help investigate the cause of a collision and gather the evidence in Southlake truck accident cases to show that a trucker was to blame. We can conduct a thorough investigation into how your accident occurred. We can also retain expert witnesses, such as medical professionals or accident reconstructionists, who can explain how the collision may have happened.
For a free legal consultation, call (817) 775-5364
Who to Sue for Your Truck Accident Damages in Southlake
Your Southlake car accident lawyer with The Texas Law Dog will prioritize identifying the liable party. This individual or entity will be expected to compensate you for the total value of your damages. Our investigation can uncover not only who is at fault, but whether multiple parties share culpability for your losses.
Truck Drivers
Far too many commercial truck drivers do not take their responsibility to drive safely seriously. According to the FMCSA’s overview, those who hold a Commercial Drivers License (CDL) are held to a higher standard than those with traditional driver’s licenses. Truckers who fail to drive as safely as possible and ensure their big rigs are in safe working order can be held accountable in insurance and civil claims.
Trucking Companies
We often find ourselves filing personal injury lawsuits against trucking companies. The trucking companies’ failure to do due diligence or force their employees to violate Federal Motor Carrier Safety Administration weight restrictions under the Federal Highway Administration (FHA) or hours of service rules under 49 CFR 395 could lead to liability in the event of a collision.
Even if the truck driver who hit you is found liable, we may have grounds to include the trucking company as a defendant in your legal claim.
Dram Shops
When your commercial truck accident was caused by a drunk driver, the local dram shop that sold or served them alcohol when they were already intoxicated may also share liability.
As described under Tex. Alc. Bev. Code §2.01, restaurants, bars, liquor stores, stadium venues, and other businesses that are classified as dram shops are prohibited from serving or selling alcohol to individuals who are already visibly impaired. Failure to adhere to these regulations could result in citations and shared culpability when you file your truck accident lawsuit.
Cargo Loaders
Individuals who load commercial trucks could also be partially at fault. These workers are required to safeguard the cargo and ensure the trailer is not overloaded. When they fail to use the necessary safety equipment or properly secure the loads, they could be partly at fault for the injuries you sustained.
Southlake Truck Accident Lawyer Near Me (817) 775-5364
Demanding Fair Compensation from All Liable Parties
Truckers who cause accidents are certainly responsible for their actions. However, a comprehensive truck accident case should evaluate whether other, more well-off defendants may share liability. This always includes a trucker’s insurance company.
All truckers, whether they are independent contractors or employees of companies, must carry these policies at all times. Many successful cases demand compensation from these insurance companies for the extent of a victim’s losses. However, most insurance policies will only cover specific damages, and even then, only up to the limitations of the policy.
Another possible defendant is the trucker’s employer. If the driver was an employee of the company and on the clock at the time of the crash, the employer shares the blame through the legal concept of vicarious liability. As a result, a trucker, an insurance provider, and an employer may be jointly liable to provide compensation for medical costs, missing wages, and emotional trauma.
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Southlake Truck Accident FAQ
What Is the Statute of Limitations Deadline?
When working with your truck accident lawyer in Southlake to file a lawsuit, the claim must be filed within the two-year statute of limitations per Texas Civil Practice & Remedies Code §16.003. Failing to file your lawsuit before the statute of limitations deadline expires will almost certainly mean the court system will refuse to hear your case. With that being said, there may be exigent circumstances present that allow the statute of limitations down to temporarily pause or “toll.”
How Will Partial Blame Impact My Truck Accident Settlement?
Partial liability will have an impact on your commercial truck accident case. Texas follows proportionate responsibility laws, also commonly referred to as modified comparative negligence under Tex. Civ. Pract. & Proc. Code §33.001. If your portion of blame exceeds the 49% threshold, you may be barred from recovering compensation for your damages.
But if your portion of blame is less than the legal limit, you can still receive a settlement. However, your payout will be less than the amount you are awarded. This is because the court system will deduct your proportionate responsibility from your settlement.
What do Hours of Service Violations Have to Do with My Truck Accident Claim?
The hours of service violations regulated by the FMCSA limit the amount of time a commercial truck driver can operate a big rig. Under the statute, truckers are prohibited from driving more than 14 hours at a time. They must also have a minimum of 10 hours off between shifts.
This law could have an impact on how your case is handled. If the driver who hit you was in violation of the hours of service, not only would we be able to hold them accountable, but we may have grounds for a claim against the trucking company as well. When several parties can share the blame for your injuries and damages, it can increase the likelihood of maximizing your payout.
Are Punitive Damages Allowed in Southlake Truck Accident Claims?
Yes, punitive damages are allowed in Southlake truck accident claims. According to Tex. Civ. Prac. & Rem. Code §41.001, punitive relief may apply if the defendant engaged in conduct that could be deemed egregious, reprehensible, grossly negligent, or intentionally malicious. For this reason, punitive damages are not awarded in every personal injury case.
Will I Need to Bring My Case to Court?
You may need to bring your truck accident case to trial. Some injury victims may be able to avoid court by obtaining a settlement from the at-fault party without having to set a trial date. Others can recover fair compensation through an insurance claim alone.
However, insurance settlements are rarely enough to cover the total value of an injury victim’s losses. Insurance settlements generally only cover specific types of covered losses as outlined in the insurance policy terms. Any remaining damages can be demanded by your Southlake truck accident attorney when you file your truck accident lawsuit and civil court.
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Contact a Southlake Truck Accident Attorney Today
Every truck accident has the potential to impact every part of your life. These crashes may inflict harsh physical injuries, devastate your quality of life, and cause severe financial troubles. Whenever a trucker is at fault for a wreck that results in an injury, that trucker is liable to provide compensation. In addition, insurance companies and employers may also share the blame.
Let a Southlake truck accident attorney help protect your legal rights after a collision and help you understand the first steps to take after a collision. They can take the lead to gather evidence, measure your losses, and demand that all liable parties provide fair compensation. Call today to get started on your case.
Call (817) 775-5364 or complete a Free Case Evaluation form
