Being involved in an accident with a large commercial truck can be a terrifying and traumatizing experience. It can also leave accident victims with crippling injuries and a mountain of medical and other bills due to no fault of their own. According to the Insurance Institute for Highway Safety (IIHS), 4,119 people were killed in accidents with large trucks in 2019. The majority of those killed in truck accidents are passengers, pedestrians, and other road users. If you were injured in a truck accident or if someone in your family died as a result of their injuries, you may be able to seek legal redress and compensation.
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CAUSES OF TRUCKING ACCIDENTSAccording to the United States Department of Transportation (USDOT), truck accidents are frequently caused by driver-related factors such as:
However, truck accidents can occur for a variety of reasons, including a manufacturing flaw or a vehicle defect. If you are not at fault for your Arlington accident, you may be able to sue the responsible party. An Arlington truck accident attorney can assist you with this.
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TRUCK ACCIDENT LIABILITY IN ARLINGTONHowever, while understanding a truck accident can be difficult, a victim may be able to collect compensation from several at-fault parties, depending on the specific accident case. In an accident, the driver is not always the sole responsible party. In fact, the trucking company, the company loading the cargo, or a vendor responsible for servicing and maintaining the vehicles could all be named as defendants in a claim. An Arlington personal injury lawyer will thoroughly investigate all potentially negligent parties.
Truck driver accidents can occur due to a variety of driver-related factors. A driver may violate the law by, for example, driving while intoxicated or speeding. While the truck driver is invariably involved in an accident, they may not always be at fault or may only be partially to blame for an accident.
THE TRUCKING FIRMThe trucking company should be thoroughly investigated in any truck accident because they have overall responsibility for hiring drivers and ensuring that the entire business operates in accordance with federal and state regulations. If a company hired negligently, failed to properly train drivers, or attempted to save money on vehicle repair and maintenance, they may be held liable for your accident.
A VENDOR FROM A THIRD PARTYTrucking companies may outsource a significant portion of their operations to third-party vendors. This can include vehicle maintenance and repair, cargo loading, and even the hiring and training of truck drivers. If a third party cut corners and acted negligently, they could be held liable for an accident victim's damages.
THE TRUCK PRODUCERThe truck had a manufacturing defect in a few accident cases, which either caused or contributed to the accident. A truck manufacturer could be held liable for any material flaws discovered during production.
A truck accident case can be time-consuming for a victim, and determining all liable parties can be difficult. Even a truck accident lawyer must devote significant time and resources to analyzing a claim and effectively litigating it. Your Arlington truck accident lawyer, on the other hand, is familiar with the relevant rules and regulations, as well as how to approach truck accident claims. A lawyer can also enlist the assistance of experts with the specialized knowledge required to analyze truck black boxes and perform other technical and complex tasks.
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A TRUCK ACCIDENT LAWYER CAN FIGHT ON YOUR BEHALFIf you were recently injured in a collision with a commercial truck or a big rig in Arlington, you are probably weighing your options and debating whether you should hire a truck accident lawyer to assist with a claim. Hiring an Arlington truck accident lawyer may be beneficial in a variety of ways.
To begin with, having a lawyer in your corner to fight for your best interests and handle all of the paperwork required to file a case can be reassuring. A truck accident lawyer, on the other hand, may be able to assist you in a variety of other ways.
IDENTIFYING ALL RESPONSIBLE PARTIESIt is understandable to believe that a truck driver bears sole responsibility for an accident. However, as we have seen, there may be several other parties who are liable. Your attorney will go to great lengths to identify those responsibly.
GATHERING EVIDENCEYour truck accident attorney will get to work right away, attempting to gather any critical evidence before it "disappears." They will not only investigate the accident scene and interview witnesses, but they will also conduct an investigation into the trucking company's operations. This includes investigating a driver's background, training, and driving record. It could also entail going through a truck's service and maintenance records.
ASSESSING AND DEMONSTRATING YOUR DAMAGESWhen it comes to calculating the value of their case, accident victims may not know where to begin. Estimating future medical costs can be difficult as well. A truck accident attorney can determine your monetary losses as well as non-economic damages such as pain and suffering. They can also gather the evidence required to prove your damages, such as medical records.
ASSISTING WITH LEGAL REPRESENTATIONIn some cases, a lawyer can assist in settling a truck accident claim outside of court. This, however, is not always an option. In the event of a trial, having professional legal representation in court can be beneficial, especially if the at-fault parties have their own legal teams that will fight your claim. Your lawyer can defend you and represent you in court.
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INJURIES CAUSED BY COMMERCIAL TRUCK ACCIDENTSAccidents involving large trucks can be fatal for people in smaller vehicles. A car accident involving a passenger vehicle and another passenger vehicle is likely to have a very different outcome than a truck accident. Although some semi-truck accident victims may only sustain minor injuries such as scrapes and bruises, large truck accidents frequently result in catastrophic injury or, in the worst-case scenario, wrongful death. Some of the most common truck accident injuries are as follows:
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WHAT COMPENSATION YOU CAN RECOVER IN A TRUCK ACCIDENTA truck accident can cause significant physical, emotional, and financial harm to the victims. Damages in truck accident cases are frequently higher than in other cases due to the violence involved in a truck accident collision. Many truck accidents cause catastrophic injuries that necessitate long-term medical treatment as well as extended (or permanent) time off work.
In trucking cases, the most common types of damages are 1) actual damages, 2) wrongful death damages, and sometimes 3) exemplary or punitive damages.
Actual damages include both economic and noneconomic losses. They are also known as compensatory damages and are awarded to compensate for an injury or to correct a mistake. Actual damages can be divided into two categories: economic and noneconomic. In jury trials, the amount of these damages is determined by the jury.
ECONOMIC DAMAGES: are compensation for actual economic or pecuniary loss (losses measured in money).
The following types of economic damages are frequently recoverable in truck accident personal injury cases:
Past and future medical bills: The amount of medical bills incurred in the past and future to treat your injury.
Lost earning capacity in the past and future: The amount of money you could have earned if you had not been injured.
Loss of services: A husband or wife is entitled to compensation if they are unable to perform their normal household duties as a result of the injury.
Property damage: In an accident case, property damage such as damage to your car, computer, phone, or glasses is recoverable.
NONECONOMIC DAMAGES: Noneconomic damages are awarded to compensate for physical pain and suffering, mental or emotional anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, reputational harm, and all other nonpecuniary losses other than exemplary damages.
Noneconomic damages are frequently recoverable in truck accident personal injury cases and include the following types of damages:
- Past and future pain and suffering: Compensation for past and future pain and suffering is allowed based on a jury's common sense, knowledge, and sense of justice. In order to settle a claim, the value of pain and suffering is determined by imagining what a jury – who does not know anyone involved – will think the value is.
- Past and future mental anguish: Describe how your physical injury has caused significant mental anguish, beyond disappointment, resentment, embarrassment, or anger, and how it will continue to do so in the future.
- Loss of a body member: If you lost an arm, leg, hearing, or mental function or capacity as a result of the accident or injury, you may need to claim this injury separately from physical impairment or disfigurement to recover damages for the harm caused.
- Loss of consortium: If your injury is severe enough that you no longer enjoy the companionship of your family members, you have the right to compensation for the harm done to your family relationships.
- Physical impairment in the past and future: How you have been physically impaired in the past and how you will be physically impaired in the future as a result of your injury. Physical impairment is Texas' definition of "loss of enjoyment of life."
- Disfigurement in the past and future: How the injury physically disfigured you in the past and how it will physically disfigure you in the future.
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FREE CASE REVIEWSIf you are looking for an accident attorney in Arlington, call (972) 599 4100. We offer free phone consultations. We also provide a free strategy session. The strategy session includes a summary of your case, legal issues involved, and legal issues we identify as being critical to maximizing the compensation owed.
THERE IS NO FEE IF WE DO NOT WINYou owe us nothing if we are unable to recover. We charge a contingency fee structured to take a percentage of what we recover. As a performance-based contract, the better we do for you, the better we do for ourselves. This aligns our interests in the case with our client’s interests.
DIRECTIONS TO OUR OFFICELaw Office of Doug Goyen
15851 Dallas Pkwy #605
Addison, Texas 75001
(972) 599 4100 phone
(972) 398 2629 fax
Directions to our office: We are on the southbound side of the service road to the Tollway. Stay on the Dallas North Tollway until you come to the Keller Springs exit. Take the Keller Spring exit. Stay on the service road on the southbound side and go just past Keller Springs. Our office is the 2nd building south of Keller Springs, located on the service road to the North Dallas Tollway in the Madison Business Center on the 6th floor.
By Doug Goyen, douggoyen@goyenlaw.com
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