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Accidents and collisions on the road can be pretty scary, but perhaps the most frightening kind of highway accident is a truck crash. Large trucks hauling even larger trailers are capable of extreme levels of damage and destruction in the event of a crash. If you or someone you love was caught up in an accident and badly hurt, speak to a lawyer as soon as possible about how to recover fair compensation.
Truck accidents might happen for a number of reasons, but negligent truckers, their employers, and possibly other drivers are often to blame. Damages in these kinds of collisions tend to be substantial, as numerous other drivers and passengers might be badly hurt or worse. You might be facing high medical bills, expensive vehicle repairs, and some deeply seeded trauma that might take years to resolve. You should talk to a lawyer soon, as you only have 2 years to file a case in court.
Call our truck accident lawyers at The Queenan Law Firm, P.C. at (817) 476-1797 and ask for a free, private case assessment.
People Responsible for Truck Accidents in Austin, TX
Truck crashes are not usually small events. They tend to cover a large portion of the highway, and multiple drivers might be injured in an accident. As you can probably guess, this makes for a very confusing accident scene, and it might be hard to determine who is responsible. Our truck accident lawyers have handled these kinds of cases before and can assist you in identifying those responsible.
Truck Drivers
Trucker negligence is a major concern on the road and is often the root cause of many accidents. Exactly what the trucker did or did not do might still be unknown, but while the authorities investigate, we should consider some common examples listed below.
First, we should think about how long the truck driver had been on the road before the crash. It is typical for truckers to spend hours on the road without breaks. Many long-haul truckers are on the road for days at a time with minimal rest. Such conditions make for very tired truckers who fall asleep at the wheel.
Next, we should think about the truck’s trailer. Trucks are known to carry very heavy cargo, and they must be loaded into the trailer in a way that keeps it balanced while the truck is moving. Unbalanced or improperly loaded cargo could cause the entire trailer to tip over or swerve around on the highway.
Trucking Businesses and Companies
If the trucker is negligent, their employer might be negligent, too. Employers are often held vicariously liable for injuries caused by negligent employees, even if the employer had no idea about the employee’s potentially negligent behavior. Under the legal theory of respondeat superior, an employer may be liable for injuries caused by a negligent employee if the employee acted within their normal duties. If this is the case, the trucking company may have to help cover your damages.
Damages Available in an Austin, TX Truck Accident Case
Your damages are likely substantial, and you deserve adequate financial compensation. Typically, injured victims may claim economic and non-economic damages related to actual losses and injuries. In a select few cases, plaintiffs might also be able to claim exemplary damages.
Economic Damages
Your economic damages should reflect the financial costs of the accident. First, we should determine how much the crash cost you in terms of medical expenses. Your injuries might have been severe, and with severe injuries comes extensive and costly medical care. We should also consider how your injuries have impacted your work. Many victims cannot return to work for a long time, and they lose income as a result. We can help you claim your lost income as part of your damages. We cannot forget about your vehicle. If it was damaged in the accident, you might be left with costly repair bills or the cost of a replacement car.
Non-Economic Damages
Your non-economic damages are where things get tricky. These kinds of damages do not necessarily correlate with money, and they are often very subjective, making their value hard to determine. Non-economic damages often account for the plaintiff’s painful experiences during and after the crash. You might claim damages for your excruciating physical pain, psychological distress and turmoil, and any reduction in your quality of life because of things like permanent injuries or complications.
Exemplary Damages
Exemplary damages are an entirely separate category of damages. They are not designed to compensate plaintiffs for any loss. Instead, they are meant to punish defendants for extremely bad behavior. These damages are usually not available in cases of ordinary negligence and tend to be far less common.
According to Tex. Civ. Prac. & Rem. Code § 41.003(a), plaintiffs must prove by “clear and convincing evidence” that the defendant acted with malice, gross negligence, or fraud when they caused the accident. The clear and convincing evidence burden of proof is not an easy one to meet, and most plaintiffs are not awarded exemplary damages. Even so, our team can help determine if your case is eligible for such damages and, if it is, get you the most compensation possible.
Exemplary damages, when awarded, are famously large. Cases of plaintiffs awarded millions of dollars sometimes make headlines, and you might have heard of such cases before. However, in Texas, there are limits on just how much money exemplary damages may be worth. According to § 41.008(b), exemplary damages may be capped at one of two different limits, whichever is more. The first limit is an amount equal to the greater of double your economic damages plus an amount equal to your non-economic damages not exceeding $750,000. The second limit is $250,000.
Speak to Our Truck Accident Attorneys in Austin, TX About Your Claims Now
Call our truck accident lawyers at The Queenan Law Firm, P.C. at (817) 476-1797 and ask for a free, private case assessment.