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HOW A DALLAS TRUCK ACCIDENT LAWYER CAN HELPYou have no control over what other drivers do. However, you can regain control of your life after a car accident with a truck. Contacting a personal injury attorney who will protect your rights, seek the compensation you deserve, and ultimately help guide you through your case with the experience, expertise, and desire for justice that your case deserves is the first step on the road to recovery.
Call (972) 599 4100 if you need a Dallas truck accident lawyer. We will begin working on your case immediately. We assist our clients in a wide variety of ways after accidents, including:
We provide proven results. We obtain compensation on behalf of our clients who have been injured in truck accidents. We assist in locating facilities that can treat injuries. We ensure our clients receive the full value of their claims and are compensated for their injuries.
To maximize your recovery, you need an attorney who will aggressively pursue the evidence, witnesses, reports, video, records, and other documents involved in your case. We have recovered millions of dollars in settlements. Call us at (972) 599 4100.
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TRUCK ACCIDENTS ARE DANGEROUS, AND ARE GETTING WORSEWhen 18-wheelers collide with passenger vehicles, the results can be disastrous. The number of trucks on our highways has increased, our truck driver regulations have decreased, truck speed limits have increased, and the economic demand for more hours on the road for truck drivers has increased, and the number of fatalities caused by truck drivers has doubled in Texas.
People who drive for a living (18 Wheelers, cab drivers, bus drivers) must rely on having a clean driving record to keep their license and for their company to be able to afford their liability insurance. They lose their jobs if they have too many accidents. If you are in an accident with a large commercial vehicle, the company for which they work will usually send investigators to the scene to photograph and take notes on the accident. Their goal is to avoid responsibility.
Contact an car wreck injury attorney as soon as possible after you leave the accident scene. If you or someone you know requires the services of an attorney, contact the Law Office of Doug Goyen at (972) 599 4100.
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WHAT TO DO IN THE EVENT OF A TRUCK ACCIDENT WITH INJURYWhat to do at the scene of an accident:
1. Check for injuries. The shock and trauma of a large truck accident often cause people to underestimate the severity of their injuries at first. Examine yourself for any injuries. Inspect your passengers for injuries. If their injuries are minor and do not necessitate immediate medical attention, check on the occupants of any other vehicles involved in the collision. Others may be hurt and require assistance. If anyone is hurt, seek medical attention right away.
2. If anyone is injured, call 911. If there are injuries, call 911 and inform the operator that there are injuries. Police and paramedics will be dispatched to the scene to assist.
3. Obtain contact information for witnesses. Get the names and contact information of any witnesses to the truck accident as soon as possible. Witnesses who are not involved in the accident may stop to assist, but because they are not involved, they may not stay long, you may need their statement about what happened in the future.
4. Exchange information with all other drivers. Drivers involved in accidents in Texas are required to exchange identification and auto liability insurance information. Take photos of the truck driver’s ID and insurance information, as well as the drivers of any other vehicles involved, with your cellphone.
Obtain all identifying information about the truck’s license plate number for the tractor (the part of the truck where the driver is) as well as the license plate on the trailer. Put any identifying numbers on the tractor’s sides and the trailer’s sides. Take pictures of this information with your phone.
5. Photograph the damage and impact points on the vehicles involved. If you are unable to take photographs, have a friend or family member accompany you to the scene. Photograph the damage to your vehicle. Take photos of the truck’s point of impact. Take pictures of any other vehicles that have been damaged.
6. Photograph the accident scene. Take photos of the roadway where the accident occurred that show the lanes, the intersection (if there was one), and the traffic at the time. Photograph any skid marks or debris on the road. Take pictures of the direction you were traveling in – both the direction you were going and the direction you were coming from. Take pictures of where the truck was coming from and where it was going.
7. When the police arrive, be cooperative with them. They will interview each driver separately to obtain their version of what happened. You should ensure that your statement about how the accident occurred is included in the police report. Inform the police officer if you are injured or in pain as a result of the accident so that it is noted on the police report.
8. If the paramedics arrive and advise you to go to the hospital, do so. Paramedics who respond to car and truck accidents have experience and training in identifying symptoms that may indicate a serious injury that could be fatal. It is preferable to be safe than sorry. If the paramedics advise you to go to the Emergency Room, then go there.
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HOW TO PROTECT YOUR RIGHTS AFTER LEAVING THE SCENE OF THE ACCIDENTThe first thing you need to do if you have been injured by a large truck in an accident is to hire a lawyer. Ask the lawyers questions and express your concerns to them. If you are unable to speak with the actual lawyer at a law firm, do not use that firm. You should speak with the lawyer who will be handling your case so that you know who you are dealing with and are at ease with them.
You are owed compensation for your injuries caused by a negligent truck driver. To make sure you protect your rights to that compensation you need to hire a personal injury lawyer with experience handling truck accident cases. Call (972) 599 4100 and we will start working on your case today.
1. If you have been injured, you should seek medical attention. We can assist you if you do not know where to go for treatment or do not know how you will pay for any treatment for your injury.
The Law Office of Doug Goyen can assist you in locating a medical facility that can treat any injuries sustained in your accident. We keep a list of medical facilities in the area that can defer payment for medical bills until we receive payment from the truck company’s insurance carrier.
2. Do not speak with the trucking company’s insurer or any of the other vehicles’ insurance adjusters. If you are injured, the trucking company’s insurance adjusters and investigators will be looking for ways to avoid liability for the accident. They will be looking for anything you say that will assist them in denying responsibility and avoiding payment of your claim.
Inform anyone from the trucking company, their driver, their insurance company, or any private investigators that they need to speak with your lawyer – if you have not yet hired one, inform them that you are hiring one and that you will gladly take their contact information so your lawyer can call them once you have hired one.
3. Photograph any visible injuries you may have. If you have bruising, cuts, scrapes, or any other visible evidence of your injury, you must photograph it for proof.
4. Be extremely cautious about what you post on social media. Assume that the insurance company adjusters, investigators, and lawyers will all see your posts, whether you keep them private or not. If a lawsuit is necessary to force the trucking company’s insurance company to pay, the trucking company’s attorneys will subpoena your social media information and look at what you have posted. They will use photos of you enjoying a night out with your family or friends or doing other activities that make you appear to be fine if you are injured.
Contact the Law Office of Doug Goyen at (972) 599 4100 or via our website contact form. We are confident that after speaking with us and other lawyers, you will feel comfortable allowing us to represent you. We fight for our clients to be compensated for their damages for their entire injury claim as well as for property damage issues relating to their vehicles.
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TRUCK DRIVERS RARELY VOLUNTARILY ACCEPT RESPONSIBILITYKeep in mind that commercial vehicle drivers rely on a clean driving record to continue driving and earning a living. In order to keep their job, they will frequently deny liability.
Your injury could be severe and incapacitating. The truck or commercial auto insurance company will fight on behalf of the truck company, not you or your injury. They are in the business of saving money, not of paying for personal injuries resulting from truck accidents.
In trucking collision personal injury cases, the insurance company acts on behalf of the trucking company. Dealing with a trucking insurance company is different than dealing with regular automobile insurance. Commercial trucking liability policies frequently include liability deductibles, requiring trucking companies to pay a portion of settlements. For example, if a trucking company has a $10,000.00 retention (deductible), the trucking company must pay the first $10,000.00 of any settlement. This can make dealing with the insurance adjuster more difficult because the insurance adjuster needs the trucking company to come up with the $10,000.00 to pay towards any settlement. Truck companies often want to fight and delay for as long as possible in order to keep that money.
A high percentage of personal injury cases involving commercial trucks and 18 wheelers ending up in attorney’s offices. Not because the person hiring the lawyer is looking for a big payday, but because their claims are often denied in what should be a clear liability case.
Call the Law Office of Doug Goyen at (972) 599 4100 to get in touch with a personal injury attorney that can help.
Call For A Free Case Review (972) 599 4100
WHAT IS THE VALUE OF A TRUCK ACCIDENT INJURY CASE?The value of your case will be determined by the severity of your injury, the severity of the injury caused by the truck accident, liability factors surrounding the facts of the collision, and your ability to collect the full value of your claim against the truck driver and their trucking company.
Factors such as the amount of coverage they have, whether other vehicles were involved in the collision, whether you were involved in the collision, and other factors may all affect the value of a claim. Most trucking companies have extensive liability insurance policies. Hiring an experienced personal injury lawyer who can ensure you receive the compensation you deserve in your truck accident case is the most important factor in increasing the value of your case.
In Texas, it is the wrongdoer’s responsibility to “right the wrongs” that they caused. They caused the damage and harm, they must correct what they caused. If your child breaks a neighbor’s window while playing baseball, we make them pay for repairing the window. If someone causes harm to someone else or damage to someone’s property, they must “right the wrongs” they cause. Texas calls those harms “damages”. In Texas, damages recoverable in auto accident cases that involve injuries include the following:
1. Property Related Damages. This includes any costs or expenses related to the property that was damaged, including:
a. Property Damage: Such as damage to your car, computer, phone, or glasses, is recoverable in an accident case.
b. Loss of Use: Included in a car wreck or accident case are rental car bills, or if you used your property or vehicle in your business and lost some of your income while the vehicle was unable to be driven.
c. Storage: If your vehicle was towed from the scene and stored in a storage yard, you will be charged for that time. This is recoverable in the event of a car accident or a motor vehicle wreck.
d. Total loss of property: If your vehicle was destroyed and cannot be repaired, you are entitled to the value of the vehicle immediately prior to the accident.
e. Diminished value of the property: If your vehicle has been repaired but is now worth less money as a result of the accident, you are entitled to compensation for the diminished value of your vehicle.
2. Injury Related Damages: The person who negligently caused the injury owes for the costs, expenses, and for the injury to the person that they caused. A person injured due to negligence is legally entitled to recover for the following injury-related damages:
a. Medical Bills: The total amount of past and future medical bills incurred to treat the injury caused by the negligent conduct.
b. Lost Income or Lost Earning Capacity: The amount of money you actually did lose due to the injury and will lose in the future is called past and future lost income. The amount of money you could have earned had you not been injured is termed past and future lost earning capacity.
c. Loss of Services: If someone can no longer do their normal household duties due to the injury, then they may be entitled to recover for loss of services.
d. Pain and Suffering: Compensation is allowed based on the common sense, knowledge, and sense of justice of a jury for past and future pain and suffering caused by the injury. Determining the value of pain and suffering in terms of settling a claim is done by trying to think of how a jury will think of the value of someone’s pain and suffering.
e. Mental Anguish: This is determined by how your physical injury has caused you mental anguish to the point where it is more than just disappointment, resentment, embarrassment, or anger, and how it will continue to do so in the future in order to get compensation for past and future mental anguish.
f. Physical Impairment: Compensation may be awarded if you have been physically impaired due to your injury, and for how you will be physically impaired in the future. The law allows people compensation for both past and future physical impairment related to the injury.
g. Disfigurement: Some injuries cause a physical alteration in a person’s appearance. The person injured in this way due to negligence is entitled to recover for both past and future disfigurement, how the injury has physically disfigured you in the past, and how it will do so in the future.
h. Loss of body member or mental function: If you have lost an arm, leg, or mental function or capacity due to the accident or injury, then you may recover damages for the harm that was caused.
i. Loss of consortium: If the injury severe enough that it has caused you to no longer enjoy the companionship of your family members, then your family members may be entitled to recover for how this has damaged your family relationships.
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CAUSES OF LARGE TRUCK COLLISIONSMany of the same factors that cause car accidents can also cause large truck collisions, such as:
Due to the size of commercial trucks, there are additional factors that are common in truck accident cases.
1. Defective equipment. Failure to maintain equipment, which results in brake failure and tire blowouts, is one of the leading causes of truck accident injuries and fatalities. Truck drivers and their companies are required to maintain and inspect their vehicles before each trip. In addition to truck maintenance, the truck driver is responsible for ensuring that his truck is not overloaded. Truckers are required to have their vehicles weighed at highway checkpoints. When a truck is overloaded, the truck’s equipment, such as the brakes, is more likely to fail or fail to respond in time to avoid a collision.
2. Driving at an excessively fast speed for the conditions. Truck drivers who fail to drive at the proper speed in certain weather conditions also contribute to a high number of collisions that result in injuries and deaths. Weather conditions such as fog, rain, or snow reduce visibility and make roads more slippery. Truck drivers are required to slow down to a speed that allows them to maintain control of their vehicles. Because of the size and weight of a large commercial vehicle, drivers must maintain more space between themselves and other vehicles on the road. This is exacerbated on wet or icy roads.
3. Driver exhaustion. Driver fatigue can be caused by a lack of sleep, driving for too long a period of time, taking certain medications, or drinking alcohol. Truck drivers and their employers are required to keep meticulous records of their driving hours in order to reduce driver fatigue. Failure to do so, or falsifying the numbers, can have fatal consequences.
4. Truck driver distraction leads to collisions that result in injury or death. Trucks frequently have an onboard computer system that is used to keep track of routes and communicate with dispatchers, which can distract the driver long enough to cause an accident. Truck drivers, like the rest of society, have cell phones and can become distracted while looking at them. They, like any other driver, can be distracted for a variety of reasons.
5. There are blind spots. Truck drivers have large blind spots when driving, necessitating extra caution when turning or changing lanes. To avoid missing a turn, a good truck driver will not need to change lanes or turn abruptly. Bad truck drivers will not have paid attention and will realize at the last second that they will miss their turn and will change lanes abruptly, potentially resulting in a collision.
Aside from the aforementioned causes of truck accidents, there are regulations and laws that are occasionally broken by truck drivers or trucking companies. The following section discusses Texas statutes that are intended to keep the roads safe but are frequently violated, resulting in truck accidents.
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TRUCK ACCIDENTS CAUSED BY VIOLATIONS OF TRUCKING REGULATIONSThere are regulations in place to help truck drivers and trucking companies be safer. Some trucking companies perform better than others in terms of adhering to these regulations. Some trucking companies simply do not comply. Those who break these rules are more likely to be involved in a truck accident. When attempting to determine why the truck accident occurred and how the trucking company may have contributed to the collision, safety fitness ratings, and hours of service are important factors to consider.
Trucking companies and drivers are governed by the Federal Motor Carrier Safety Regulations (FMCSR) in 49 CFR. Texas governs trucking under the Texas Department of Public Safety Title 37, Part 1, Chapter 4, Subchapter B, Rule 4.11 – where they have adopted most of the Federal Standards under 49 CFR (with a few exceptions).
Ratings for safety and fitness are required:
FMCSR 49 section 385.1 there are procedures to determine the safety fitness of trucking companies, assign safety ratings, and direct motor carriers (trucking companies) to correct problems if they get an “unsatisfactory” rating. Trucking companies must maintain commercial driver license standards, financial responsibility (insurance), use qualified drivers, use their motor vehicles properly, keep their vehicles in a safe condition, keep accident registers and copies of accident reports, avoid using fatigued drivers, inspect, repair, and maintain their vehicles, and follow regulations in transporting goods. Trucking companies that violate these rules on a regular basis may receive a conditional or unsatisfactory rating. Unsatisfactory ratings will result in the trucking company’s inability to operate.
Drivers must be qualified. Medical exams must be done according to sections 391.41 and 391.43. Road tests must be passed pursuant to sections 391.31, 391.33, and 391.13. Training must be done with drivers that have less than one year of experience regarding hours of service, qualifications, and wellness under sections 380.502 and 380.503.
The trucking company is required to keep a driver qualification file according to section 391.51, including the driver’s application, past employer inquiries and responses, motor vehicle record (MVR), road test, the driver’s CDL, and any moving violations or accidents, and the medical examiner certificate.
Hours of Service
FMCSR 49 section 395.3 states that a driver carrying property cannot drive more than 11 hours after 10 consecutive off-duty hours; cannot drive after being on duty for 14 hours after 10 consecutive off-duty hours (with some exceptions), and cannot drive longer than 60 hours in any 7 day period, or if they do not operate 7 days a week then no longer than 70 hours in 8 days. There must be 34 consecutive hours off-duty to start the calculation over.
FMCSR 49 section 395.5 covers passenger-carrying motor carriers. They cannot drive more than 10 hours after 8 consecutive off-duty hours; cannot drive after on duty 15 hours after 8 consecutive off-duty hours; cannot drive longer than 60 hours in any 7 days, or longer than 70 hours in 8 days if the motor carrier operates every day. And there must be 34 or more consecutive hours off-duty for the calculation to start over.
Logs must be kept related to the driver’s hours of service under section 395.8.
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WHAT DOES A LAWYER CHARGE FOR A PERSONAL INJURY CASE IN A TRUCK ACCIDENT?If we do not win, there is no fee! You do not have to pay anything upfront. We charge a fee on a contingency basis. This is a percentage of the amount we are able to recover in your personal injury or wrongful death case. This aligns with our interests and your interests in the case. We are compensated based on how well we perform for you.
TYPES OF MOTOR VEHICLE ACCIDENT CASES WE HANDLEThe Law Office of Doug Goyen handles personal injury motor vehicle cases throughout the state of Texas. This includes:
We deal with the insurance company and protect your rights while you focus on what you need to do to get better and take care of yourself and those around you.
Large commercial trucks do serious damage and cause serious injuries. We will fight for you to get you the compensation you deserve and protect your rights while you recover.
Drunk drivers cause serious injuries and death every year. We fight their insurance companies to get you compensated for the damage and injury they have caused you.
Pedestrians struck by vehicles can suffer serious injuries. We represent people injured in by negligent drivers and help our clients get compensation for their injury.
Bicyclists are at risk of serious injury if they are hit by a vehicle. We represent bicyclists who have been hit by careless drivers.
When bars or restaurants continue to over-serve drunk people, and those people cause accidents that result in injuries, we assist clients in obtaining compensation for their injuries.
We fight for the rights of motorcyclists who have been hurt by careless drivers. We are fighting for full compensation from the insurance company.
When someone dies as a result of negligence from a motor vehicle accident, the family and estate have a claim against the negligent parties. We represent families and estates in obtaining restitution for their losses
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TYPES OF INJURIES CAUSED BY TRUCK ACCIDENTSThe following types of injuries can occur (among others as well) in motor vehicle accidents, especially in accidents with large trucks:
If you are looking for a car crash injury attorney, 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.
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