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Most people in Rockwall rely on their cars every day for most of their needs, with many commuting daily to and from Dallas. Unfortunately, this increases the chances of being injured in a car accident.
When another driver injures you, our lawyers will be here to help you get the compensation you need to recover from your losses. Our team understands that car accident cases have become much more complex as many types of drivers are on the road. In some cases, victims are injured by a commercial driver, like a trucker, or a rideshare driver for Uber or Lyft. In these situations, we can help you determine the best ways of getting compensation. Most of the time, we can sue the driver and the company they work for. If we cannot sue the company for the car crash, we can explore the available insurance options.
Contact The Queenan Law Firm, P.C. at (817) 476-1797 for a free case review today with our Dallas car accident attorneys.
Who Our Attorneys Are Most Likely to Sue in Your Rockwall, TX Car Accident Lawsuit
It might seem obvious who to sue when injured in a car accident, but that is not always the case. In many cases, liability for a car accident is unclear because several drivers are involved. Claims can get further complicated if a commercial, government, or Uber or Lyft driver is involved in the accident.
In other cases, nobody behind the wheel is liable. Instead, the fault lies with the vehicle’s manufacturer, designer, or mechanic for a defective part or substandard work. Our car accident attorneys can help sort through the chaos and ensure the responsible parties are named in your lawsuit. The following discusses common defendants we sue and how we will recover compensation for you in Rockwall:
Other Drivers
Rockwall sits directly on the path of I-30 leading into Dallas, so traffic here is common. With so many people using their cars, the chances of being hit by a negligent driver are high. Fortunately, many cases are straightforward, with a claim only having to be filed against a single driver. In these situations, we only usually need to negotiate with one insurance company and gather evidence against one defendant, often leading to faster results.
However, many other accidents involve multiple drivers, especially on the interstate. When this occurs, our team can gather evidence to show each driver was involved in the accident and name them in your lawsuit. This will give you more opportunities to recover compensation since the fault is apportioned among the defendants in a Rockwall car accident claim.
You can also still recover compensation if you were partially at fault during the accident. Texas civil courts use the “proportionate responsibility” rule to determine fault between the plaintiff and the defendants. Under Tex. Civ. Prac. & Rem. Code § 33.001, you can recover compensation if your share of the fault is not 50% or higher, with your award being lessened by the amount of liability you were found to share. Thus, if you were awarded $100,000 and found to be 20% responsible for the accident, 20% would be subtracted from your award, with the remaining $80,000 left for your damages.
Commercial Drivers
Car accidents involving commercial drivers are often more complex than your average case. Commercial truck drivers often work for trucking companies with countless resources to fight legal claims. However, injury victims have more opportunities to cover their damages since most truck and commercial companies can be held liable for the conduct of their employees. Per the legal principle of “respondeat superior,” employers can be sued for the negligent acts of their employees if they committed the acts while performing their routine job duties.
For instance, if a trucker hits you while on its way to deliver or pick up a shipment, the trucker’s employer would be vicariously liable. If the commercial driver used the vehicle off the clock or inappropriately during work hours, the employer might not be responsible, but we could still sue the driver.
These cases are much more complex if the commercial driver is an independent contractor, like an Amazon delivery driver. Respondeat superior does not apply to employers that use independent contractors since these drivers technically work “on their own.” If an Amazon delivery driver hits you, we probably cannot sue Amazon directly. Instead, we will need to pursue compensation from the driver and any insurance coverage offered by Amazon. However, we might be able to file a claim against a delivery service partner that works with Amazon if the driver actually works for them.
Uber, Lyft, and Other Rideshare Drivers
The same problem with suing Amazon also applies when Uber and Lyft rideshare drivers are responsible for an accident. In most cases, you cannot sue Lyft or Uber for a rideshare driver’s negligence. However, you can sue the driver and anyone else involved. Further, Uber and Lyft have insurance policies to cover injuries and property damage from accidents involving their drivers. If a driver hits you while taking a passenger or on their way to pick one up, we can help you file an insurance claim with the company, which typically has policy limits of up to $1,000,000.
Government Drivers
The most complex car accident cases are those caused by government drivers. Government drivers’ negligence is much more common than people realize. You could be hit by a state construction worker driving down the wrong side of the road. Or, you might have been injured by a police cruiser or fire truck when no emergency was occurring.
However, government workers are generally shielded from being sued, even if they are negligent. Instead, we will file your claim against the government agency they work for as if the organization caused the accident.
Contact Our Rockwall, TX Car Accident Attorneys Now to Get Compensation for Your Losses
Call The Queenan Law Firm, P.C. at (817) 476-1797 to speak with our car accident lawyers and get a free case evaluation today.