Dallas Truck Accident Liability

trucking liability in Texas

Anyone that has been involved in a large truck accident, often times referred to as a big rig or 18-wheeler, can attest to how traumatizing of an experience it may be. Truck accidents often lead to catastrophic injuries, widespread property damage, and even death in some cases. Trucking accidents are unfortunately common on Dallas roads; the Texas Department of Transportation reports that in 2013 alone truck accidents led to 359 fatalities, as well as numerous other serious injuries.

After a truck wreck has occurred, many parties involved generally point fingers at a driver’s actions (or inactions, in some cases), or even inclement weather conditions, as the underlying causes of the crash. While these elements may play a part in wrecks involving trucks, there may be other factors at play that exist beneath the visible surface.

Liability of the Trucking Company

It may seem like only the drivers involved in a truck crash could possibly be responsible for any injuries sustained as a result, but in actuality the company that employed the truck driver may also be considered liable, depending on the circumstances. The Federal Motor Carrier Safety Administration sets forth specific guidelines for trucking companies to follow, and any breach of these that leads to a subsequent injury could signal liability. For example, a trucking company may be held liable if it hires an inexperienced driver or one who fails a drug or alcohol test, and this driver causes a crash. Additionally, a trucking company may also be liable for an accident if it incentivizes a driver to work more than is allowed by government regulations, and the fatigued driver’s negligence leads to a wreck.

Trucking Liability of Other Parties Involved

The truck driver and the trucking company are not the only parties that can be held liable in a trucking accident, though. The shipper or loader of the goods on the truck may be held liable as well if they overloaded the truck, or if they loaded the truck improperly and this was the underlying cause of the crash. Oil companies can be held liable for accidents involving the transport of oil in the Permian Basin. Or, in some cases, if the trucking company leased the truck from a third party, this third party may be held liable if it can be shown that required maintenance was not conducted on the vehicle.

Furthermore, another party commonly held liable in trucking accidents is the manufacturer of the vehicle, tire, or other parts within the truck. If the injured party can show that one of these parts was defective, and that this defect ultimately led to the crash, the manufacturer of the defective part may be labeled as a defendant.

Why You Need an Dallas Truck Accident Attorney to Help You

If you have sustained injuries in a truck accident in Dallas, it is imperative that you seek the help of an attorney immediately. There may be more than one party liable for your injuries, and a legal professional can investigate each person or organization that contributed to the crash in order to secure you the maximum compensation for your injuries. Some parties, such as the trucking company or vehicle manufacturer, may attempt to shirk responsibility for the action; an attorney can make sure that each responsible party is held liable for their actions that contributed to the crash. Additionally, an attorney can ensure that you file a claim within the proper time limits as provided by Texas law. Don’t wait any longer; contact Tate Law Offices today by calling 888-769-1086 for a free truck accident case review.

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Featured FAQ

How do I get the most money for my case?

Evidence is essential in order to get top dollar for an injury case. This means there must be proof of who was at fault for the accident and that the accident caused your injuries. Police reports and witness statements go a long way to proving fault while detailed medical records from qualified doctors (many times orthopedics or neurologists) are used to show the cause and extent of the injuries. We work to build a solid case in order to seek maximum compensation for our clients’ injuries.

Is there a benefit to being represented by a lawyer?

Most of the time in an accident injury situation, an insurance company will be your opponent. Insurance companies are very skilled at denying or minimizing injury claims – that’s how they make money. Insurance adjusters regularly deny claims that should be paid, or they offer only a small percent of the fair value of a claim. Our goal is the opposite. We develop a settlement package presenting our client’s case that often can result in our client receiving 10 to 20 times more compensation than what the insurance adjusters might offer for their injury claim. In such case, even after legal fees, our clients can net more money in their pocket. Even better, we work on a completely contingent basis, so there are no legal fees unless we are successful in collecting compensation for our clients.

Should I talk to the insurance company?

Do not talk to anyone at the insurance company. This includes their insurance adjusters and defense lawyers. Insurance companies frequently record phone conversations during which they ask leading questions designed to produce testimony that they can use to deny your case. If we are your lawyers, we will do the talking for you so you do not fall into the insurance company traps that are designed to decrease the value of your claim.

How do I pay my medical bills?

Medical bills can be paid through various manners such as health insurance, Medicare, Medicaid, Personal Injury Protection insurance funds, deferred billing, and letters of protection. Depending on all of the facts surrounding your case and the insurance companies involved, we produce a strategy that we believe will best benefit our clients. Also, even if our clients do not have access to health insurance, we can assist them with getting medical care that is paid at the end of the case – which means no upfront medical bills.

How do I collect my lost income?

Even if an injured person is not able to work after an accident, insurance company tactics are to disagree and assert that the person could work so the insurance companies can deny the claim for lost income. It is important to have a qualified doctor’s medical documentation that proves the inability to work for a certain period of time due to an injury. We work with our clients’ doctors and employers to prove the medical reason for not working and the calculation of lost earnings. This frequently results in a fight with the insurance company, but we believe that with solid evidence we are ultimately able to win the fight and collect our clients’ lost income.