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Truck accidents can be some of the most devastating motor vehicle accidents. The injuries motorists and pedestrians sustain are often extremely serious. In many cases, truck accidents are fatal for the drivers of other vehicles. The sheer weight and scale of semi trucks, 18-wheelers, and big-rig commercial vehicles do not put the odds in favor of anyone driving a regular vehicle. Truck accidents can leave victims with enormous medical expenses and a long road to recovery. In many cases, injuries sustained in a truck accident can be life-altering and leave permanent damage.
If you got in a truck accident near Garland, TX, our attorneys are ready to assist you. We are seasoned attorneys who have represented many plaintiffs involved in truck accidents. When you work with us, we tailor our services to fit your unique situation and work toward the best legal outcome for you. We can negotiate with insurance companies, speak with adverse parties to reach a settlement agreement, or file a lawsuit to fight for you in court. Our singular goal is to get you the help you need and the compensation you deserve.
Call our truck accident lawyers with The Queenan Law Firm at (817) 476-1797 for a free case review.
Causes of Truck Accidents in Garland, TX
Truck accidents happen for a variety of reasons. While you might think the specific cause of a truck accident is unimportant, it is a critical piece of information for our truck accident lawyers to build a strong case for you. In law, you can only recover damages from parties that caused your injuries. How a truck accident happened can be very important in determining who is liable for your injuries. If multiple parties played a role in causing your truck accident, you may be able to sue them all in the same lawsuit.
Negligent Driving
One of the most common causes of truck accidents is driver negligence. In law, negligence is when somebody does not act as a reasonable person would, and their unreasonable conduct causes your injuries.
There are many ways that a truck driver could be negligent. First, a trucker could ignore basic traffic rules just like any other driver. A truck driver can be negligent if they speed, do not stop at red lights, fail to use turn signals, or drive aggressively or dangerously.
Additionally, there are special rules and laws that truckers must follow to stay safe. These rules are in place because trucks are dangerous. Many of these rules govern how long a trucker is allowed to drive at once before they must take a break. For example, a truck driver is required to take a 30-minute break after driving eight hours consecutively. Additionally, truckers cannot drive more than 11 hours in a day without ten consecutive hours of break beforehand. If you suspect that your injuries were the result of a truck driver ignoring safety regulations, you may have a claim against them.
Negligent Loading
A truck driver disregarding the rules of the road or trucking safety standards is not the only way that a truck accident can happen. Trucks carry a lot of stuff in their rear compartments or trailers. If it is not loaded correctly, it could cause the truck to become top-heavy and off-balance. This could make an otherwise safe driving maneuver result in the truck rolling over or moving in an unnatural fashion. Both of those things could seriously injure somebody.
Because improperly loaded cargo can lead to accidents, there are rules in place that dictate how it should be loaded. Everything must be tied down and properly secured in accordance with these regulations. If these standards were not followed, you could have a claim against the trucking company or the trucker in your lawsuit.
Negligent Inspection
If a truck is not properly inspected and maintained, an accident could easily result. Without timely and proper inspections, manufacturing defects can pop up in commercial trucks. A manufacturing defect is something that goes wrong in the construction or maintenance process of a truck. Examples include hairline cracks in key components and faulty airbags. Routine inspections should fix these types of problems, but if they are not found, and an accident results, those responsible for the inspection could be liable in a lawsuit. This often means suing the trucking company that owns the vehicle.
Where to Find Evidence to Support Your Truck Accident Case in Garland, TX
Evidence to support your case might be somewhat unpredictable. Sometimes, evidence is easy to find, and plenty of it exists. Other times, evidence is very hard to find, and it might be difficult to prove your claims. Your attorney can help you determine where you are likely to find evidence and help you get it.
Evidence in your case might come straight from the truck. Large trucks and eighteen-wheelers are often equipped with cameras or dashcams to record in case of accidents. It is also possible that the truck was equipped with a black box recording device that keeps track of data about the trucker’s driving. Things like speed, braking, and rest periods might all be recorded. If the trucking company refuses to hand over this evidence, we can get a court order compelling them to do so.
We should also investigate trucking company records about the trucker and the truck involved in your accident. If we believe the truck malfunctioned on the road because it was poorly maintained, we can check truck company records regarding repairs and maintenance. If the truck had not been properly taken care of, we might have evidence of the trucking company’s negligence. Similarly, suppose that records indicate that the truck driver was not properly trained or should not have been driving because of previous driving infractions. In that case, we can use this information to support your case.
Truck crashes tend to affect more than one driver. Even if only a few drivers are caught up in the collision, other drivers behind them might witness the entire thing. Witnesses in truck accidents can be a great source of testimonial evidence. The more people who can testify about the accident and back up your claims, the stronger your case may be.
When Do I Need to File a Truck Accident Lawsuit in Garland, TX?
You should file your truck accident lawsuit as soon as possible. Each state has a law called the statute of limitations that puts a time limit on how long you have to sue another party for your injuries. In Texas, the statute of limitations for personal injury lawsuits, which includes truck accident lawsuits, is two years per Tex. Civ. Prac. & Rem. Code § 16.003. It is important to get in contact with our truck accident lawyers quickly because once the statute of limitations runs out, courts will no longer hear your case, and you will not be able to recover any damages from anyone, even if they would be liable.
The statutory period to file a lawsuit can be paused under some limited circumstances. If you have what is called a “legal disability” when you are injured, the statutory period can be paused temporarily until you are no longer legally disabled. A legal disability is not necessarily a physical or mental condition. Instead, it refers to criteria and conditions that would prevent someone from filing a lawsuit. These criteria are outlined in § 16.022. For example, if you are under the age of 18 when you get in a truck accident, the statutory period would start when you turn 18 years old because minors cannot file lawsuits independently. Alternatively, serving in the armed forces (i.e., you are deployed) during a time of war also pauses the statutory period, as does having a serious mental disability that prevents you from filing.
What Your Truck Accident Claims Might Be Worth in Garland, TX
Everyone wants to know what their legal claims might be worth in court. While many are a bit uncomfortable asking about money after a dire truck accident, it is an important topic to discuss with your attorney. You need to know if your claims are worth pursuing in court or if other legal options might be better suited to your needs.
Economic Damages
First, we should consider the extent of your economic damages. These damages are based on the money the accident cost you. Truck accidents are known for being extremely expensive to deal with, and your economic damages might be quite substantial.
Medical bills and expenses related to medical treatment are likely a very large contributor to your economic damages. You might have needed emergency treatment such as surgery, x-rays, medication, and more. If your injuries are severe or complex, you might require multiple rounds of treatment over an extended period of time, and the costs might be astronomical. You might still deal with medical treatment after the case is over, and you may claim future medical expenses.
Next, we must think about the cost of any property you lost in the accident. Of course, the largest piece of property most people claim in a truck accident case is their own vehicle. Your car might have been totaled, and replacing it will undoubtedly be costly. You should also think about any personal items that were inside the vehicle. Maybe you lost some jewelry or a wedding ring you were wearing during the accident. Maybe expensive electronics like a laptop or cell phone were destroyed. These costs can quickly add up.
On top of it all, your injuries might make continuing to work difficult, if not totally impossible. The income and wages you lose because of your injuries should be estimated and added to your overall claim for damages. This might represent a significant sum for those who cannot work for a long time, or possibly ever again.
Non-Economic Damages
Your non-economic damages might be a bit tougher to articulate, but they may be a significant factor in our calculations. Non-economic damages are not related to actual sums of money. Instead, they are related to painful personal experiences. You might claim damages for the physical pain you endured from your injuries, including residual pain that persists after your medical treatment is complete. You might also claim damages for emotional distress or psychological injuries from the accident. Remember, truck accidents are often severe, and survivors might be deeply affected on a mental level, causing them long-term suffering.
Exemplary Damages
Exemplary damages are not awarded to compensate for anything you lost or endured. Instead, these damages are awarded as a way to punish defendants, but only under very specific circumstances. According to Tex. Civ. Prac. & Rem. Code § 41.003(a), to get exemplary damages, plaintiffs must prove that the defendant caused the accident through acts of malice, gross negligence, or fraud. We must prove your claims by clear and convincing evidence, which is a very high burden of proof, making exemplary damages somewhat rare.
According to § 41.008(b), exemplary damages are not unlimited. They are capped by statute in one of two ways. First, exemplary damages may be limited to twice the value of economic damages plus an amount equal to your non-economic damages or $750,000, whichever is more. Alternatively, your exemplary damages may be limited to $200,000. Whichever limitation is greater will be applied.
Our Garland, TX Truck Accident Lawyers Are Ready to Help
Call (817) 476-1797 to talk about your case with The Queenan Law Firm truck accident lawyers today.