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Truck accidents are often the result of a commercial driver making an error behind the wheel. Even a simple mistake by a commercial driver, like the driver averting his eyes from the road for a few seconds, could mean that you are caught in a terrible truck accident. After sustaining critical injuries in a truck accident that occurred in Odessa, Texas, contact an Odessa truck accident attorney immediately.
The Queenan Law Firm is well-versed when it comes to representing our clients in truck accident cases. We know that an accident that lasts seconds may change a victim’s life forever, and we believe that you should be compensated for your injuries and other losses.
Contact our firm at (817) 476-1797 for a free consultation today.
Filing a Truck Accident Lawsuit in Odessa, TX
The time limit to file your Texas truck accident case is established by Tex. Civ. Prac & Rem. Code § 16.003. Typically, you will have two years from the date of your truck accident to bring your case against the at-fault party. If you wait too long to file, then you may miss your chance to recover financial compensation.
In addition to filing your claim on time, there are several other conditions that must be satisfied in order for your truck accident case to succeed. First, you must file in the right jurisdiction, pay any filing fees, attach supporting documents, serve all defendants, and ensure that you are filing a complete claim. Fortunately, our experienced truck accident attorneys can help build your case and file on time.
Types of Truck Accidents in Odessa, TX
Collisions with a commercial truck are often some of the most perilous accidents that may occur on the road. The injuries experienced by a victim and the severity of those injuries largely depend on how the accident happened. Here are a few types of truck accidents that may cause serious injuries, which could be relevant for a personal injury case.
Rear-end Crashes
Rear-end truck crashes are often linked to serious or fatal injuries because the impact from commercial trucks have the potential to crush passenger vehicles. There are a few common causes of rear-end truck accidents:
- Brake failure
- Changing lanes improperly
- Driving under the influence
- Speeding
- Tailgating
A rear-end accident may also happen when a truck driver suddenly uses their brakes and causes another vehicle to hit them. In this scenario, the commercial driver’s sudden braking may cause a vehicle to become trapped on the underside of the truck.
Unsecured Load Crashes
When driving behind or near a truck that is carrying a large load, you expect that materials are securely loaded onto the vehicle. However, if materials are not properly fastened to a truck, they could fall and obstruct the path of others or possibly strike other cars.
Jackknife Truck Accidents
A jackknife truck accident happens when a commercial driver brakes too quickly and causes the trailer of the truck to swing to either side of the truck, making the angle of the truck mimic the appearance of a jackknife. In addition to sudden braking, there are other factors that may heighten the risk of a jackknife accident happening:
- Driving on a winding road
- Exceeding the posted speed limit
- Truck trailers that are longer than average
- Wet or slick roadways
Rollover Accidents
Truck rollover accidents often occur when a driver loses control of the vehicle. For example, a tire blowout may cause the driver to frantically try to regain control of the truck, which may cause it to roll over if the driver does respond to the blowout appropriately.
Whether you were injured in a rollover accident or a jackknife crash, you should contemplate bringing your case to our Odessa truck accident attorneys.
Damages for Truck Accident Victims in Odessa, TX
A victim of a truck accident should never have to worry about how they will afford their medical bills and other costs that accumulated as a result of a truck accident. Our Odessa truck accident attorneys are devoted to helping you litigate for damages for your injuries.
Upon winning a truck accident lawsuit against a defendant, the court may provide you with damages to compensate you for your losses. A plaintiff could be compensated for economic and non-economic losses. Economic losses are calculated depending on the monetary losses of the plaintiff, while non-economic losses are based largely on subjective factors. The following are damages that could be awarded in your truck collision case:
- Compensation for medical bills and other related costs
- Loss of wages and future loss of income incurred while the victim was recovering
- Compensation for property damage
- Pain and suffering
- Loss of consortium
To ensure that you receive the damages you need after a truck collision, it is vital that you thoroughly document the injuries and expenses suffered due to the crash. For example, if you have multiple broken bones after a truck accident and you needed surgery to correct it, it would be wise to keep records of these expenses.
Additionally, if you choose to request damages such as pain and suffering, consider documenting how your injuries affect your daily life. For instance, if you are unable to perform simple tasks such as bathing or cooking due to the severity of your injury, this would support a claim for pain and suffering.
Our committed Odessa truck accident attorneys are ready to help you determine the parties that should be held accountable for the truck accident. It is essential to identify not only the liable parties but the parties that are capable of providing you with all the damages that you deserve. For example, you may have trouble collecting adequate compensation from a truck driver that only had the minimum amount of insurance coverage.
Proving Fault for a Truck Accident in Odessa, TX
In order to recover damages in a truck accident lawsuit, you will have to present evidence that demonstrates your accident occurred as a result of the defendant’s negligence. The following are examples of evidence that may be used to establish this link in your case:
Eyewitness Testimony
Eyewitness testimony plays a crucial role in truck accident lawsuits, as it provides firsthand accounts of the events leading up to and following the accident. Eyewitnesses who were present at the scene can testify about the actions of both the truck driver and the other parties involved. Their testimony can help establish important details such as the speed of the truck, the lane it was in, any erratic driving behavior, or if any traffic signals were ignored. Their perspectives can offer valuable insights into the sequence of events, potentially highlighting negligent or reckless behavior on the part of the truck driver.
Physical Evidence from the Scene
Physical evidence collected from the scene of the truck accident can offer tangible proof of fault. Skid marks, debris patterns, and the point of impact on vehicles can provide crucial information about how the accident occurred. For instance, the length and direction of skid marks might indicate whether the truck driver attempted to brake before the collision. Moreover, the positioning of vehicles and any property damage can help reconstruct the accident, revealing factors like the angle and force of impact. This evidence aids in establishing the relative positions and movements of the vehicles, helping to pinpoint potential liability.
Photos from the Scene
Photographs taken at the scene of the truck accident can serve as visual documentation of the conditions, damages, and potential contributing factors. High-quality photos can capture important details, such as the positions of vehicles, road conditions, weather conditions, and visibility. These images can be used to corroborate or challenge claims made by parties involved. For instance, if a truck driver alleges poor road signage, photographs can help verify whether the signage was indeed inadequate. Photographs can provide a clear visual record that assists in illustrating the circumstances of the accident to judges and juries.
Surveillance Footage
Surveillance footage from nearby cameras or traffic cameras can provide objective and unbiased evidence of fault. These recordings can capture the entire sequence of events leading up to the accident, offering insights into the actions of the truck driver and other motorists involved. The footage may reveal whether the truck driver was speeding, driving recklessly, or violating traffic laws. By presenting unaltered video evidence, plaintiffs can help establish a clear timeline of events and provide a more accurate representation of fault.
Expert Witness Testimony
Expert witness testimony is often utilized to provide specialized insights into the technical aspects of a truck accident. Professionals such as accident reconstruction specialists, mechanical engineers, or medical experts can provide educated opinions about how the accident occurred and the potential role of various factors, such as road conditions, vehicle mechanics, and human behavior. These experts use their knowledge to analyze available evidence and provide an expert opinion on fault. Their testimony can help translate complex technical details into a language that judges and juries can understand, aiding in the determination of fault in the truck accident.
Common Causes of Truck Accidents in Odessa, TX
There are many forms of negligence that may lead to truck accidents. Our legal team can investigate your crash to determine whether it stems from any of the following:
Tired Driving
Tired driving is a common cause of truck accidents. Long hours on the road, demanding schedules, and pressure to meet tight delivery deadlines can lead to truck drivers operating their vehicles while dangerously fatigued. This can impair a driver’s reaction times, attention span, and decision-making abilities, increasing the risk of accidents. Fatigued truck drivers may fail to notice changing traffic conditions, miss important road signs, or even fall asleep at the wheel, resulting in catastrophic collisions.
Distracted Driving
Distracted driving is another form of negligence commonly seen in both truck drivers and other motorists. Truck drivers may engage in distractions such as using mobile devices, adjusting in-cab electronics, eating, or engaging in conversations while driving. These distractions divert their attention from the road, reducing their ability to react to sudden changes in traffic or road conditions. Similarly, employers can contribute to distracted driving by pressuring drivers to communicate while driving or failing to enforce strict policies against distracted behaviors.
Improper Maintenance
Another form of negligence involves improper maintenance of the truck and its components. Trucking companies and their maintenance staff have a responsibility to ensure that their vehicles are properly inspected, maintained, and repaired. Neglecting routine maintenance or cutting corners to save costs can lead to mechanical failures while the truck is in operation. Faulty brakes, worn-out tires, or malfunctioning steering systems can result in loss of control, reduced stopping ability, and increased risk of accidents.
Speeding
Speeding is a form of negligence that can have serious consequences in truck accidents. Truck drivers who exceed speed limits or drive too fast for prevailing road conditions may struggle to stop in time to avoid collisions. Speeding reduces a driver’s ability to react to unexpected events, such as sudden traffic slowdowns or obstacles on the road. Moreover, the sheer size and weight of trucks magnify the impact of collisions, making accidents caused by speeding even more severe.
Negligent Hiring and Training Practices
Negligent hiring and training practices by trucking companies can also contribute to accidents. Employers have a responsibility to ensure that their drivers are qualified, properly trained, and have a history of safe driving. Failing to conduct thorough background checks, ignoring a driver’s history of violations or accidents, or providing inadequate training can result in drivers lacking the skills necessary to safely operate these large vehicles. Inadequate training can lead to errors in judgment, improper maneuvering, or failure to adhere to safety protocols, all of which can contribute to accidents.
Schedule a Free Consultation with Our Odessa, TX Truck Accident Attorneys Today
If you were seriously injured due to a truck collision, confer with our Odessa truck accident attorney. The Queenan Law Firm has litigated a countless number of truck accident lawsuits for our clients. We could offer you the high-quality legal service necessary for your potential case. To make an appointment for an expense-free consultation, call our firm at (817) 476-1797. You also have the option of using our website to help book an appointment.