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The roads in and around McKinney, Texas, are filled with traffic. The most massive vehicles on these roads are commercial trucks. Large 18-wheelers, tankers, dump trucks, and flatbed trucks share the road with smaller cars and motorcycles. When these massive vehicles collide with their smaller counterparts on the road, the drivers and passengers of the smaller vehicles are likely to suffer severe injuries. When the accident is caused by the truck driver’s negligent or reckless conduct, they should be held accountable for the harm they inflicted on others.
Our McKinney, TX accident lawyers at The Queenan Law Firm, P.C. aggressively fight for the rights of those injured in commercial truck crashes. Our attorneys and staff have years of experience handling complicated litigation arising from truck accidents.
If you or a loved one was hurt in a truck accident, call The Queenan Law Firm today at (817) 476-1797 to schedule a free consultation and review your legal options with our truck accident attorneys.
Understanding McKinney, TX Truck Accident Lawsuits
Victims of accidents involving commercial trucks are entitled to file a legal claim to recover monetary compensation from the person or entity responsible for the accident. In the days following an accident, you could be unsure about what steps to take. The first thing you need to do is contact our truck accident lawyers. An experienced attorney will provide the guidance and legal knowledge you require to move forward with a claim or lawsuit.
Lawsuits arising from trucking accidents often include claims against the driver of the truck. Additionally, a lawsuit might name the trucking company that employs the driver and is responsible for the upkeep and maintenance of the vehicle. In some cases, an accident victim could also have a claim against the truck manufacturer. Our office will review the facts concerning your case to determine what parties should be held accountable for your injuries.
Most injury claims will begin with filing a report to your insurance company. You should also get the contact information from the truck driver, the trucking company, and the insurance carrier for the driver and company. It is not uncommon for an insurance adjuster to reach out to an accident victim in the early days following a truck accident to offer a settlement. In nearly every case, this settlement is much lower than your claim is actually worth. You should not accept any offer or provide any information other than some basic facts to an insurance company without talking with our McKinney attorney. Our office would work to maximize your compensation while an insurance company is attempting to limit its liability or deny your claim entirely.
When to File a Truck Accident Claim in McKinney, TX
You want to file your lawsuit as soon as you can, as you only have a limited amount of time under the statute of limitations. In fact, Texas provides far less time to file a claim than other states. According to Tex. Civ. Prac. & Rem. Code § 16.003(b), you only have two years from the accident date to prepare and file your lawsuit. After two years, the court will dismiss the claim, preventing you from recovering any compensation regardless of the truck driver and company’s negligence.
There are very few exceptions to the limitations period. In most cases, the statute of limitations will only be paused for victims with a “legal disability” at the time they are injured. § 16.001 defines a person with a “disability” as someone younger than 18 or of “unsound mind.” These individuals cannot exercise their legal rights, so they will not have the time count against them until the “disability” is lifted.
For child victims, the statute of limitations begins running when they turn 18 and have two years to file from their birthday. “Unsound mind” refers to many legally recognized physical and mental conditions that prevent victims from filing lawsuits. Our team can gather medical and other professional records to substantiate your condition and how it prevented you from exercising your rights. The time limit can be more difficult to determine in these instances since the limitations period starts again once the disability is removed.
How Is My McKinney, TX Truck Accident Claim Valued?
Our McKinney, TX truck accident lawyer has years of experience evaluating the value of injury claims. By thoroughly examining medical records and speaking with your healthcare providers, our office will determine the severity of your injuries along with the estimated cost of medical treatment. Your medical treatment is not limited to what you have already received. It also includes the expense of future medical procedures or physical therapy that might be required.
In addition to your medical expenses, you are entitled to recover your lost income. Depending on the severity of your injuries, you could miss weeks, months, or years of work. In some cases, the injury is so catastrophic that a victim is unable to work again. Our office will work with your employer and other financial experts to determine the amount of income you have lost and how your future earning capacity will be impacted by your injury.
In addition to your financial losses, you are entitled to recover from your physical and mental suffering. Every person is affected differently by their injuries. Our office will look at how your injury impacts your life to estimate a fair amount.
Common Mistakes and Negligent Conduct that Causes Truck Accidents in McKinney, TX
There are some common mistakes truck drivers make that lead to accidents on McKinney roads. Additionally, there are errors made by other parties that contribute to truck crashes. Our McKinney truck accident attorney will gather and evaluate the evidence from your crash to determine what parties should be held accountable for your injuries.
Trucks, especially large 18-wheelers, are more challenging to operate than a smaller car. Drivers require extensive training and must be appropriately licensed. Despite the training and federal regulations that govern truck drivers, mistakes still occur. When a truck driver operates their vehicle recklessly, speeding or changing lanes without ensuring there are no vehicles in their blind spots, devastating accidents could happen. Additionally, when a truck driver is distracted by a text message or their GPS, they present an unreasonable risk to other motorists.
Trucking and shipping companies can also endanger their drivers and other motorists on McKinney highways. Failing to properly maintain its trucks or keeping records of inspections and repairs could result in a truck malfunction and accident. When a trucking company does not provide adequate training to its drivers or allows an inexperienced driver to operate a large commercial vehicle, it could be held liable for any injuries the driver causes.
Additionally, when the cargo on a truck is improperly loaded, the weight of an unsecured load makes operating the truck more challenging. If the weight of the shipment exceeds state and federal regulations, these massive vehicles become even more dangerous.
Evidence that Can Help Prove a Truck Accident Claim in McKinney, TX
Gathering evidence in truck accident claims can be difficult. There are often more types of evidence available in these claims than in regular vehicle accident cases since many commercial trucks are equipped with surveillance cameras and other devices to track the driver and trip. However, getting this evidence is difficult, as you might not know to look for it on your own, and it is in the hands of the defendants. Our team can demand the trucker and trucking company’s evidence during litigation.
Truck Information
Large commercial trucks, such as 18-wheelers and flatbeds, are usually equipped with surveillance cameras that record various angles of the truck. The truck that hit you could have cameras turned on the trailer and behind it, while a dashcam might be equipped up front to record the road ahead. If so, we can get the footage and review the truck driver’s negligence from multiple angles. We can also use your footage if you had a dashcam installed at the time of the crash.
Many trucks are also equipped with “black boxes.” These small electronic devices record all kinds of important information about a truck driver’s behavior and where the truck went and stopped. It typically records details like how fast the driver was going when they hit, when and if they took their mandatory rest period, and whether they engaged the brakes before the accident occurred.
Trucking Company Records
Records from the trucking company and trucker can also help prove their negligence. Truck drivers and trucking companies must regularly inspect their vehicles and repair malfunctions. If the trucking company did not maintain the truck involved in your accident, records can show if any maintenance was done before the incident. The lack of inspection and repair records can also be used to show that the required duties were never performed.
The trucking company’s records might also show that its drivers received little to no training or that it knowingly kept a dangerous driver with prior infractions on the road. If the defendants refuse to turn over this evidence because it reveals their negligence, we can file a motion with the court to compel them.
Witness Evidence
Truck accidents are often large incidents on the road with many onlookers. If other drivers or bystanders saw the accident, their testimony can be used as evidence to support your claim. If they saw the trucker speeding or running a red light, it can help your case settle faster if they are willing to testify. We can also determine if they had a dashcam recording during the accident or took pictures with their phone and get that evidence from them.
Expert witnesses can also provide testimony to help prove more difficult elements of your claim, which is common for truck accidents. Oftentimes, the cause of the truck accident is complex and beyond the understanding of most lay people. For example, if the braking system malfunctioned to cause the accident, an expert can explain how the mechanism worked improperly and whose responsibility it was to repair it. In other cases, we can use accident reconstruction experts to explain what the trucker did to bring about your injuries.
Call Our McKinney, TX Truck Accident Lawyer for a Free Consultation
If you or a loved one suffered any harm in a truck accident, contact our McKinney, TX truck accident lawyer immediately. The injuries sustained in an accident involving a massive commercial vehicle are usually devasting and life-altering. Accident victims face expensive intensive medical treatment and lost income. The Queenan Law Firm is committed to getting injured victims the compensation they deserve. Call (817) 476-1797 to schedule a free consultation and begin fighting for your rights.