Common Truck Accident Causes
When you are in an accident because of a careless mistake, you may have the right to collect compensation for your losses. A skilled truck accident lawyer at Godsey Martin, PC will fight tirelessly for the compensation you need and deserve.
When tragedy does occur on the road, the accident can be catastrophic. Many suffer serious, life-long injuries after a big truck accident that can affect their life as well as their family’s lives. In many cases we handle, families have had to deal with the death of a loved one. We understand how difficult this is for everyone involved, so we make it our job to help families with the legal aspects of big truck accidents.
Some of the most common causes for truck accidents in Texas include:
- Distracted Driving: Like other motorists, truck drivers sometimes drive with distractions, such as texting. Distracted driving is a significant cause of all types of accidents in Texas. Any person who operates a vehicle with distractions is negligent and puts other drivers around them at risk.
- Trucker Fatigue: Hauling a heavy load of freight requires a vigilant driver at all times. Unfortunately, drivers face many pressures, and many drive while they are drowsy. Operating the truck without enough rest often results in errors that would not typically occur.
- Speeding: Trucks traveling over the speed limit are hazardous. The faster they travel, the longer the distance they need to slow down and stop. If there’s an urgent need for the vehicle to come to a complete stop, the results can be disastrous.
- Overloaded Cargo: Improperly loaded trucks are a threat to everyone around them on the roadways, and the overloaded cargo can cause tire blowouts, jackknifing, and various other crashes. For those reasons, federal and state regulations are in place that strictly limit the allowable weight. When drivers and the companies they work for ignore those regulations, you have the right to hold them accountable.
- Truck Mechanical Defects: Trucking companies and operators must consistently maintain and repair all of their vehicles per federal and state regulations. When they don’t ensure the truck is in safe operating order and an accident occurs, they are liable for injuries and damages.
Common Injuries After a Truck Collision
The most common injuries after a truck collision include:
- Head and Brain Injuries: Head injuries could range from minor bruising and concussions to severe brain injuries. Traumatic brain injuries do not require a direct impact from an object to the head. The injuries often occur because of a sudden jolt and are usually not immediately apparent.
- Broken Bones: Broken bones occur when the speed and force of the truck cause a body part of the person in the passenger vehicle to make an impact with an object. These injuries can range from hairline or stress fractures to severe compound fractures.
- Neck and Back Injuries: Neck and back injuries are common after crashes. These catastrophic injuries can leave the person with severe, chronic health issues that require a lifetime of follow-up care.
- Spinal Cord Injuries: A spinal cord injury could cause partial or complete paralysis that may be either temporary or permanent. These severe injuries could cause lifelong pain and suffering and require years of medical care and recovery.
Determining Fault After a Truck Crash
Determining fault after a truck crash can be a complex process. Compensation for injuries and damages will depend significantly on the outcome of the determination. A skilled legal professional could help you investigate and collect the evidence to determine the at-fault driver adequately. They will gather evidence, including:
- The police report.
- The statement from you and the truck driver.
- Eyewitness statements.
The evidence will also allow you and your attorney to determine if the truck driver or company they work for violated federal or state regulations, which will further help in settlement negotiations.
Dealing Directly With Insurance Companies Isn’t a Good Idea
The insurance representative will likely be aggressive. They will work to get you to admit at least partial fault to minimize the payout. When they pay large settlements, the company loses profits.
The insurance company typically has one goal in mind: to get you to settle at the lowest amount possible. An experienced truck crash attorney understands how this process works. They can handle insurance company communications and negotiations on your behalf.
Compensation Recovery After a Truck Accident
It is necessary that you seek medical care immediately after a truck accident. Seeing a medical professional right away is important for your health, and it will be essential in recovering compensation. A court may award two types of damages after a truck accident: compensatory and punitive. Compensatory damages cover out-of-pocket expenses or lost wages. Punitive damages are meant to help with the pain and suffering a person faces after a severe accident.
- Current and future medical expenses.
- Current and future lost income and benefits.
- The loss of earning capacity.
- Property damage.
- Pain and suffering.
- Mental anguish.
- Loss of companionship.
The award amount will depend on your injuries and property damages. A seasoned truck collision attorney can help you calculate the total losses from the accident.
Time Limit for Filing a Legal Action After a Truck Accident In Texas
The civil court sets a time frame for a person to file a lawsuit after a truck crash. Under the Texas Civil Practice and Remedies Section 16.001, the plaintiff has two years to file the civil action for damage recovery after a truck crash.
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How a Qualified Truck Accident Lawyer Could Help You
Truck collisions are among the most severe crashes you can face on the roadways. A collision can result in catastrophic injuries that require years of follow-up medical care. The trucker often has corporate lawyers and insurance companies ready to fight on their behalf.
You also need an experienced legal professional fighting in your corner. The attorney can advocate for the maximum settlement amount you need and deserve. A compassionate and experienced truck accident lawyer at Godsey Martin, PC, can guide you through the complex process. They can also work with insurance companies on your behalf and handle civil court filings if going to trial is necessary.
Time is of the Essence – Call Today!
Acting quickly is extremely important when dealing with 18-wheeler accidents. Evidence from the scene of the wreck along with information on the truck driver and the truck involved must be gathered before different elements, such as time, tarnish it. When this happens, it can affect how much we are able to obtain for the victim and their family. In order to ensure that you receive every dollar you deserve, do not wait another minute! Click or call today for your free legal consultation.