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When vehicles collide with large trucks, catastrophic injuries and significant property damage can occur. Victims can hold negligent parties responsible for the harm caused by such accidents. However, the routes to payment can be complicated and stressful.
There are several key elements that must be established in order to recover damages in truck accident lawsuits. Accordingly, plaintiffs typically must gather copious amounts of evidence to support their claims. Furthermore, defendants are usually represented by insurance companies that hire expensive legal teams to shift blame and refute victims’ cases.
In the aftermath of your truck accident, seek help from our truck accident lawyers by calling The Queenan Law Firm at (817) 476-1797 to assess your case for free.
Parties that Can Be Held Liable in a Truck Accident Lawsuit in Grand Prairie, TX
Many truck accidents are catastrophic events, often involving several vehicles. The first person typically examined for liability is the truck driver since they were the ones in control of the vehicle. However, the trucking company might have played a role in how the accident came about.
Our Grand Prairie truck accident attorneys can gather trucking company records and driver logs to determine where the fault lies. If the trucker is an independent contractor, we can investigate whether they worked with a shipping partner that pushed them to drive too long. A defective truck part might have been responsible for the crash, making the designer or manufacturer potentially liable. Our lawyers can also determine liability if multiple drivers were involved in the accident.
Truck Drivers
The most likely person responsible when a truck accident occurs is the truck driver. They might have caused the accident because they were speeding in adverse weather conditions or distracted by one of the many systems installed in most commercial cargo-carrying trucks.
Many truck accidents are caused by fatigued driving, which is why truckers in Grand Prairie and throughout Texas are subject to strict driving time regulations. These federal standards tell truckers when they must take a break, how long they can drive in a day or week, and how to keep track of their hours. If a driver violates any of these rules, our team can use it as evidence that they negligently caused the accident. This evidence usually comes in the form of driver logs and trucking company records, which our team can obtain during litigation.
Trucking Companies
It is common to include trucking companies in an injury lawsuit when a trucker causes a crash. This is because most employers are vicariously liable for the negligent acts of their employees under the legal principle of respondeat superior. Essentially, a trucking company can be named as a defendant if their employee injured you while executing their job duties, even if the company did not act negligently.
During our team’s investigation, we can determine if the trucking company actively pushed the driver beyond their limits or has a history of doing so. If so, we can argue for punitive damages to be awarded for the outrageous misconduct.
Independent Truckers
The liability of independent truckers is different than from that above. Some companies use independent contractors as an added measure to protect them from liability. For instance, most Amazon delivery truck drivers do not work for Amazon directly. When an accident occurs, the driver can be sued, but Amazon is usually shielded from liability.
However, many of these “independent” truckers work for regional third-party shipping companies that contract with larger companies, like Amazon. In these instances, the rules of respondeat superior will likely still apply, allowing us to sue the driver and the shipping company.
Truck and Truck Parts Manufacturers and Designers
Many trucks today are equipped with complex systems and parts that could have contributed to an accident. For instance, the air brakes might not have responded when the driver tried to stop. In such cases, our team can help determine if the truck or truck part designer or manufacturer should be held responsible for the crash.
In some instances, we can sue a trucking company and a negligent manufacturer when a part fails. If we can show that the defect would have been discovered if the trucking company performed its normal inspections, both can be held accountable.
Other Drivers
Truck accidents rarely involve one or two vehicles. When multiple drivers are involved in a truck accident, our team can investigate to determine how many contributed to your damages. A driver might not been paying attention to the road ahead and did not see the crash, while another was speeding and could not stop in time.
According to the state’s “proportional responsibility” rule under Tex. Civ. Prac. & Rem. Code § 33.003, each defendant driver can be held accountable for their share of a victim’s damages. However, your share of the fault must not be more than 50% after adding up each party’s share of liability to recover compensation, as per § 33.001.
Establishing Fault for a Truck Accident in Grand Prairie, TX
Establishing fault for a truck accident can be a complex process. There are several types of evidence that plaintiffs may utilize. For instance, the following are all common forms of evidence presented by our truck accident lawyers:
Witness Statements
Witness statements are crucial pieces of evidence in a truck accident case. These statements come from individuals who saw the accident happen or arrived at the scene shortly after it occurred. Witness statements can provide valuable information about the circumstances leading to the accident, the actions of the truck driver, and any other contributing factors. Our team can use witness statements to establish fault by demonstrating that the truck driver’s actions, such as reckless driving or violating traffic laws, directly led to the accident. These statements can also help corroborate other evidence and provide a more comprehensive understanding of the crash at issue.
Photos Taken at the Crash Scene
Photographs taken at the crash scene serve as visual evidence that can be instrumental in proving fault. These photos capture the immediate aftermath of the accident, documenting vehicle positions, road conditions, and damage sustained by all parties involved. Plaintiffs can use these images to reconstruct the accident and demonstrate how it occurred. For example, if the photos show tire skid marks, it may indicate that the truck driver was distracted and failed to brake in time to avoid the collision.
Surveillance Recordings
Surveillance recordings, such as footage from nearby security cameras or dashcams of other vehicles, can provide objective and unbiased evidence of the accident. These recordings can show the sequence of events leading up to the accident and how the truck driver’s behavior contributed to it. Lawyers can use surveillance recordings to establish fault by presenting clear visual evidence of the truck driver’s actions, such as running a red light, making an unsafe lane change, or failing to yield the right of way.
Physical Evidence Found at the Crash Scene
Physical evidence found at the crash scene includes debris, vehicle parts, and any objects that may have contributed to the accident. Lawyers can use this evidence to reconstruct the accident and establish fault. For example, if the physical evidence suggests that a tire blowout occurred because of poor maintenance, it may be presented to show that the trucking company or driver was negligent in maintaining the vehicle. Physical evidence can also help determine if a mechanical failure or defective truck part was a contributing factor.
Expert Witness Statements
Expert witness statements play a significant role in truck accident cases because they provide professional opinions based on expertise in relevant fields, such as accident reconstruction or trucking regulations. These experts can analyze all available evidence, including witness statements, photos, and physical evidence, to provide a comprehensive evaluation of the accident. Our legal professionals can use expert witness statements to demonstrate fault by presenting a well-supported analysis of how the truck driver’s actions or other factors led to the crash.
What to Do After Suffering a Truck Accident in Grand Prairie, TX
The aftermath of your truck accident may be highly painful and stress-inducing. Still, there are specific actions you can take that will aid your recovery and improve your chances of recovering damages from another party.
Remain at the Scene and Dial 911
Immediately after a truck accident, it’s essential to remain at the scene and call 911. Staying at the accident scene is not only a legal requirement but also a moral obligation. Dialing 911 ensures that emergency medical services and law enforcement arrive promptly to assist injured parties, secure the accident site, and gather initial information about the incident. This step is crucial for the well-being of everyone involved and for the subsequent legal process.
Exchange Information with Other Parties
Once it is safe to do so, exchange information with other parties involved in the accident. This information should include names, contact details, driver’s license numbers, vehicle registration, and insurance information. In truck accidents, this information may also extend to the trucking company’s details. This exchange of information is vital because it helps establish a record of the parties involved and facilitates insurance claims and potential legal action.
Document the Scene
Documenting the accident scene is another critical step. This includes taking photographs of the vehicles involved, the damage sustained, any visible injuries, road conditions, traffic signals or signs, and any relevant road markings. These photos can serve as valuable evidence in a subsequent legal case, helping to reconstruct the accident and establish fault. Additionally, you should gather contact information from any witnesses who may have observed the accident, as their statements can provide crucial testimony.
Seek Medical Attention
Regardless of the severity of your injuries, it is essential to seek immediate medical attention after your truck accident. Some injuries may not be immediately apparent, and prompt medical evaluation can diagnose and treat hidden injuries. Medical records also serve as evidence in establishing the extent of injuries and linking them to the accident. Failure to seek medical attention promptly may negatively impact your health and hurt any potential legal claim.
Contact Our Lawyers
Finally, it’s advisable to contact our legal team as soon as possible. We can provide valuable guidance on your rights and legal options, ensuring that you take appropriate steps to protect your interests.
How Long Injury Victims Have to File a Claim for a Truck Accident in Grand Prairie, TX
Truck accidents often involve serious injuries, so it is always best to start your case as soon as possible. According to § 16.003, the statute of limitations to file a truck accident lawsuit is only two years from the date of the crash. Claims that are filed after the limitations period closes will have their cases dismissed, cutting them off from recovering anything for their losses. This includes accidents involving the wrongful death of victims.
One of the few exceptions that allows more time to file is for child victims and those with a disability under § 16.001. The clock will start counting down in their case when they turn 18 or the disability is lifted.
Contact Our Truck Accident Attorneys for Assistance with Your Claim in Grand Prairie, TX
Seek support and a free case assessment from our truck accident lawyers at The Queenan Law Firm by dialing (817) 476-1797.