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If you sustained injuries from a truck crash while traveling through Midland, Texas, contact our Midland truck accident lawyers. Truck accident injuries tend to be severe, and you deserve extensive compensation.
Among the more common reasons behind truck accidents are inexperience, traffic violations, speeding, and overload issues. When suing for such an accident, finding a lawyer with experience with similar cases and injuries is crucial. Your attorney can help you sue the trucker, their employer, and other potentially liable parties. Preparing a lawsuit is complex and time-consuming, and your attorney can help you gather evidence, assess damages, and file legal paperwork. You should begin your case soon, as there is a deadline by which you must file the lawsuit. You should also assess your damages, including financial losses and painful personal experiences. If the defendant offers a settlement, you do not have to accept, and you should consult with a lawyer before agreeing to anything.
Get in touch with our truck accident lawyers to make an appointment for a free claims evaluation by calling The Queenan Law Firm, P.C. at (817) 476-1797.
5 Common Reasons for Truck Accidents in Midland, TX
Commercial trucks might be some of the most dangerous vehicles on the road when drivers are not operating these vehicles correctly. There is a wide range of negligent actions that could lead to a truck driver triggering a serious truck accident:
Inexperienced Truck Driver
Maneuvering a commercial truck with efficiency requires a great deal of experience. Truck drivers that have recently taken on the job may lack the needed experience to control their vehicle, which could increase the risk that they may cause a collision.
Tailgating
Tailgating is when a vehicle follows another too closely for an extensive period of time. Some truck drivers will tailgate other cars in an effort to get them to move into a different lane so they can continue at their current speed. However, tailgating could quickly turn into a rear-end collision if the lead vehicle needs to make an immediate stop.
Tire Blowout
A tire blowout happens when a tire sidewall or tread suddenly detaches from the steel belt of the tire. If a driver is unprepared to deal with a tire blowout, they could panic and run into another vehicle. This would be devastating as a blowout could cause a truck to jackknife or flip over.
Tire blowouts could be caused by a few reasons. For instance, if the trucking company fails to replace overused tires on a vehicle, this may increase the chance of a blowout. Manufacturing defects could also be linked to tire blowouts.
Speeding
Truck drivers must often travel hundreds of miles to transport materials from one location to another. To accomplish their task quickly, drivers often exceed the speed limit, which could lead to an accident, especially if the truck driver is speeding through inclement weather.
Trailer Overload
When loading a tractor-trailer, a company should be careful to avoid exceeding the weight limits for the vehicle. An excessively loaded trailer could affect the truck’s maneuverability and could even contribute to a tire blowout or other problems.
Whether your truck accident resulted from the above factors or separate issues, our Midland truck accident attorneys are here for you.
Finding the Right Attorney for Your Midland, TX Truck Accident Lawsuit
Finding the right attorney is one of the most important steps in any lawsuit. The legal field is vast, and different attorneys might regularly practice in different areas of law. If you have legal claims related to a truck accident, you should find an attorney with experience handling truck crashes and other vehicle accidents in New Jersey.
Our team of attorneys has handled truck accident cases before, and we are prepared to assist you in your lawsuit. Truck accidents are unique because they tend to be associated with more severe collisions and injuries. As such, plaintiffs are often in more urgent need of medical care and legal support. Large sums of financial compensation might be at stake, and you need an attorney who regularly works with these kinds of injuries and claims.
Our lawyers can help you when you are too injured to help yourself. While you recover from your injuries, we can assess damages, collect evidence, and prepare legal documents to be filed in your case. We can also get a jump start on developing effective legal strategies to help you win the case and get the compensation you need and deserve.
Parties Subject to a Lawsuit for a Truck Accident in Midland, TX
Many truck accident lawsuits are not limited to a simple case between the victim and the truck’s driver. Instead, there could be multiple defendants who could be named to the personal injury claim depending on the circumstances of the accident.
In addition to the trucker, their employer might be a liable party for the crash. The trucker’s employer would have control over the tasks performed by the driver and may even be partly or fully responsible for maintaining the vehicle. As a result, they could be found vicariously liable if the driver negligently causes a collision with other vehicles on the road.
Some employers classify workers as independent contractors to minimize or avoid being held responsible for the driver’s decisions behind the wheel. Designating a worker as an independent contractor would allow a trucking company to claim that they could not be vicariously liable as the contractor would be primarily responsible for how they perform their duties.
As mentioned, there may be a chance that a truck accident case could be filed against a manufacturer of defective truck components.
Important Steps Toward Filing a Truck Accident Lawsuit in Midland, TX
People often talk about filing a lawsuit as if it is as simple as filling out paperwork and submitting some forms. While paperwork is a big part of filing a case, there is far more prep work than most people realize. It is best to speak to an attorney as soon as possible, as it might be several weeks or even months before your case is ready to be filed.
One of the first steps our truck accident attorneys will focus on is finding evidence to support your claims. Evidence is often found at the accident scene, but if the authorities have already cleared away the scene, we might have to look elsewhere. If you took photos of the accident scene, we can use those photos as evidence. Many people take photos for insurance purposes, but these photos might contain important details we can use to prove how your accident happened and why the defendant should be held liable.
Preparing a complaint is tricky because it must contain very specific details about the accident and your legal claims. The complaint must properly identify the parties involved, describe how the accident happened, and explain why the defendant should be held liable. We must also include specific details about your damages and what kind of compensation you need. If information is left out or insufficient, you risk losing valuable compensation or even having the case rejected.
We need more than evidence to win a lawsuit. The right legal strategy might be the difference between getting fair compensation and walking away with nothing. Legal strategies are often complicated and require a seasoned attorney’s skills and knowledge. Strategies include deciding whom to sue, under what law they should be held liable, and how to present evidence to the jury.
When is the Right Time to Sue After a Truck Accident in Midland, TX?
Hiring an attorney and preparing your lawsuit as quickly as possible is generally best. Starting your case quickly is important for two big reasons. First, you must make sure that your case is filed before the statute of limitations expires. Second, you need to find important evidence before it is lost.
According to Tex. Civ. Prac. & Rem. Code § 16.003, personal injury plaintiffs must file claims within 2 years of their accident. If more than 2 years go by with nothing being filed, you might lose your right to sue forever. Even so, you might be able to have the statute of limitations tolled, buying you more time. For example, if you were a minor when the truck accident occurred, your attorney can help you have the deadline to file tolled until you turn 18.
It is also crucial to speak with a lawyer as soon as you can because evidence might disappear. Much evidence in truck accident cases comes straight from the accident scene. Unfortunately, these scenes are often cleared away very quickly. On top of that, witnesses might move away, security camera footage might be erased, and your memory of the accident might begin to fade. Even if you are too injured to do anything yourself, an attorney can get to work on your case right away while you recover.
Damages Available for a Truck Accident in Midland, TX
If a victim is successful in their truck collision lawsuit, they could be awarded a variety of damages. For instance, the court could award damages for a loss of wages sustained by a victim due to inability to work after a truck crash. The victim may also be awarded damages for the following:
- Medical expenses (e.g., medication, surgery, rehabilitation)
- Property damage
- Pain and suffering
- Loss of consortium
The circumstances of your case may dictate whether other types of damages could be awarded, such as compensation for emotional distress. Be sure to contact one of our Midland truck accident lawyers to get your potential lawsuit evaluated.
What if The Defendant Offers a Settlement in My Truck Accident Case in Midland, TX?
Settlements can be tempting, but plaintiffs should be wary and always consult with a lawyer before accepting a settlement offer. Settlements can help plaintiffs recover some compensation faster and without the need for a trial. However, the tradeoff is that plaintiffs usually accept reduced compensation.
Settlements are decided through negotiations and agreements. If your case is very strong, the defendant and their insurance company might be eager to settle and even agree to pay compensation close to the full value of your damages. However, if your case lacks strong evidence, the defense might try to lowball you with a smaller settlement covering fewer expenses.
While settlements can be helpful and are common in personal injury cases, they are not always the best option. Our attorneys can help you fight for the full value of all your damages in a trial or negotiate a favorable settlement.
Contact Our Midland, TX Truck Accident Attorneys for a Free Consultation
Call our truck accident lawyers at (817) 476-1797 today to book a free, confidential evaluation of your case with us at The Queenan Law Firm, P.C.