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Fewer accidents are as damaging to victims in Cedar Hill as truck accidents. If a negligent truck driver has injured you and are contending with serious losses, we can help you get compensation in a lawsuit.
The damages in truck accident claims are often significant, and several parties could implicated. Our team will gather your medical records and other evidence to assess your losses, but we will also determine how many defendants can be named in your suit. In most cases, we will file a claim against the trucker and their employer since most commercial truck companies are liable for their drivers regardless of their own provable negligence. If the trucker was independent, we would need to explore other ways to cover your damages, such as assessing the other drivers in your accident for their share of the blame or whether a truck part or system contributed to the crash.
For your confidential and free case review with our truck accident attorneys, contact The Queenan Law Firm, P.C. today at (817) 476-1797.
Determining Liability After a Cedar Hill, TX Truck Accident
After a truck accident in Cedar Hill, one of the most important and primary concerns will be who should be held liable. While the truck driver is most likely at fault, different rules apply to these claims, opening the door to suing the trucking company that employs them. This can complicate your case but can also lead to better settlements to cover your damages. One of the first issues to determine is whether the truck driver works directly for the trucking company involved or is an independent contractor, as the classification will impact who can be held liable.
Traditional Employee Negligence
If the negligent trucker in your case is the trucking company’s traditional employee, the rules of “vicarious liability” will apply. Under this principle, also known as respondeat superior, employers like trucking companies can be held accountable for their employees’ conduct on the job. If the trucker injured you in the course of addressing their job duties and not off the clock or running a personal errand, the trucking company can be sued. We do not need evidence that the trucking company acted negligently when this rule is used.
Independent Contractor Negligence
The liability question gets messier when the trucker is an independent contractor. These truck drivers are essentially their own businesses, only contracting with trucking companies to complete orders. As such, the trucking company does not have enough direct control over independent contractors’ actions to be held liable for them. We can still sue the trucker but must find another avenue to hold the trucking company responsible.
Trucking Company Negligence
Fortunately, our truck accident lawyers know several reasons to hold trucking companies liable and can investigate the one involved in your case. For instance, trucking companies must usually conduct background checks when they contract with drivers to ensure they have the required qualifications and safety rating. If the trucker should not have been driving for anyone, we could add the trucking company to your lawsuit.
Trucking companies are also responsible for inspecting and repairing the trucks they own. Ultimately, the trucking company must ensure the trucks in their fleet are fit to be on the road. If our investigation shows inspections were never done or repairs put off, we might argue that this constitutes gross negligence, potentially increasing your damages. However, this will not apply to independent truckers since they typically own their vehicles.
Other Drivers Negligence
Sometimes, other drivers cause truck accidents. Perhaps a speeding driver cuts off the trucker, causing the truck to jackknife. Multi-vehicle truck accidents are often catastrophic and hard to explain, but we can gather evidence to piece the crash together.
For instance, if the truck involved has several cameras installed with footage showing how the accident started, it can be used as evidence. The other drivers might also have dashcams installed from which we can recover footage.
Understanding Which Damages You Can Claim for a Truck Accident in Cedar Hill, TX
Damages in a truck accident case can typically be divided between economic, non-economic, and exemplary damages.
Economic damages are the easiest to calculate and the ones you typically sustain first. You might have significant medical costs, including the expenses you will likely pay to cover future treatment. Your injuries might also have cost you income because you could not work. Your economic damages will be higher if your injuries impact your future ability to make a living. You will also need compensation for the damage to your vehicle, which might need to be replaced or significant repairs after a truck accident.
Your non-economic damages are harder to assess but will increase the compensation you can use to get one with life. Truck accidents can leave marks for years, like physical pain from healed injuries, anxiety when you drive, PTSD, and physical scarring. You deserve to be compensated for the near-immeasurable harm the accident caused in your life.
While “exemplary” damages are rarely awarded in typical vehicle accident lawsuits, they are worth considering after a truck accident. Exemplary damages are known as “punitive” damages in other states and are used to punish defendants for certain types of conduct. They are more common in truck accident cases because many trucker’s conduct behind the wheel rises to a level higher than ordinary negligence. For instance, if a trucker drives for hours beyond the legal limit, it could be argued that it was reckless.
Under Tex. Civ. Prac. & Rem. Code § 41.003(a), we need “clear and convincing” evidence that the trucker or trucking company acted with either gross negligence, malice, or fraud. This is a high standard, but if one of the defendants knowingly violated a trucking regulation, the court might award these damages to punish them and deter others from doing the same.
Reach Out to Our Truck Accident Lawyers in Cedar Hill, TX Today to Discuss How to Recover Compensation
Call The Queenan Law Firm, P.C. at (817) 476-1797 for a free case evaluation with our truck accident lawyers.