When you are involved in a car accident of any kind, the liable party should be compelled to compensate you for your damages. However, when your accident is caused by loose objects, there may be some confusion regarding liability and how to recover the compensation you will need to cover your costs.
Fortunately, when you have a Dallas loose objects accident lawyer at Loncar Lyon Jenkins on your side, you can rest easier. Our firm will handle the legal details of your case so you can recuperate from your injuries. Find out now who could be at fault for your injuries.
Motorists’ Duty of Care
Motorists are responsible for the roadworthiness of their vehicle, and this responsibility may extend to any items which:
- Are secured to the roof of their vehicle
- Are placed in the bed of a truck
- Are secured to the rear of their vehicle, such as bike racks
- Are placed inside of their vehicle
- Are stored as cargo in an attachable trailer
If a motorist fails to secure objects that are inside or on their vehicle, then those loose objects can cause accidents that result in injury or death. If you were injured in such an accident, consider your options for financial recovery.
For a free legal consultation with a loose objects accidents lawyer serving Dallas, call 877-239-4878
Objects May Be an Extension of a Vehicle
In terms of liability, any objects that are inside or secured to a vehicle could be considered an extension of the vehicle itself. So, if loose cargo falls off the vehicle and causes an accident, the motorist (and possibly others) could be held liable for any ensuing damages.
When one or more objects come loose from their secured position, these items may:
- Fall directly onto another vehicle
- Fall into the path of oncoming vehicles that pose the risk of a multi-vehicle collision
- Remain in the roadway for an indeterminate period, which may cause motorists to avoid that part of the street
Any motorist who is transporting cargo must take certain precautions to make sure that their items are secured and cannot fall onto the street.
Our Dallas loose objects accident lawyer can help you seek compensation for any harm caused by loose objects on or near a roadway.
Dallas Loose Objects Accident Lawyer Near Me 877-239-4878
How Proportionate Responsibility Could Impact Your Case
It is not uncommon for car accident victims to be accused of sharing liability for their accident or resulting injuries. Texas operates under a proportionate responsibility system. The threshold is 50%. This means if you are 50% or less responsible for causing the accident and the injuries you sustained, you can still recover compensation for your damages.
However, your injury settlement will be reduced proportionately. For example, if your car accident was caused by loose objects, but you were not wearing your seatbelt at the time of the accident, the judge may find you 10% responsible for your injuries. If you were awarded $100,000, you could expect your injury settlement to be reduced by 10%, leaving you with $90,000.
Your attorney will ensure liability is assessed accurately in your case to ensure you can recover maximum compensation for your suffering.
Contact our Dallas Loose Objects Accident Attorneys today
Loose Objects Could Lead to Serious Injuries
Car accidents could be caused by a variety of different factors, some of which may involve loose objects or unsecured cargo.
Some injuries that you might be recovering from include:
- Spinal cord trauma
- Traumatic brain injury
- One or more broken bones
- Damage to internal organs
- Internal bleeding
- Cuts, bruises, and lacerations
- Nerve damage
You may be suffering from injuries that we have not included here. Speaking with a medical professional shortly after your accident can help you take measures to promote your health and wellbeing.
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The Implications of a Loose Object-Related Collision
There are a wide variety of injuries that could result from a collision caused by loose objects or unsecured cargo. At Loncar Lyon Jenkins, we want you to know that no matter how severe your injuries are, you can expect our team to provide supportive legal care.
Right now, depending on your injuries, you could be facing:
- Harm to your psychological health, including the development of post-traumatic stress disorder (PTSD)
- Changes in your physical abilities
- The inability to work or pursue a career in your current field
- Significant harm to your earning power
- Impairments to your quality of life
- Strains on your financial stability
If your accident was the result of unsecured objects from another vehicle, then the person who failed to properly secure their cargo could be responsible for covering your losses. To learn more about what this entails, reach out to us.
Insurance May Not Adequately Compensate You for Your Losses
Dealing with the insurance company is one of the most tiresome elements of the car accident claims process. Since Texas is a fault state for car accidents and insurance purposes, when loose objects cause your collision, you will file a claim with the liable party’s insurance provider.
However, dealing with the insurance company is not going to be easy. Insurance companies are profit focused. They care more about reducing their financial loss than ensuring you have access to the compensation you need to get through this difficult time.
You can expect the insurance company to attempt to blame you for causing the accident, deny your claim in bad faith, or even make you an insultingly low offer. Fortunately, you can avoid being taken advantage of by the insurance company. Simply have your attorney handle negotiations for you and show the insurance company how seriously you are taking your case.
How Insurance Settlements Work
Insurance settlements are often not enough to fully cover a car accident victim’s damages. Insurance companies are only required to compensate you based on the amount of coverage their policyholder purchased. If your losses are greater than this amount, the insurance company will not be required to compensate you for those damages.
If your lawyer is unable to resolve your case with the insurer, then you have the option of taking your case to court.
Statute of Limitations for Car Accident Lawsuits in Dallas
Under Texas Civil Practice and Remedies Code §16.003, you usually have two years from the date of your accident to file a lawsuit. While many factors of your case could extend this timeline, if you do not act within this period, you could forfeit your right to compensation.
Our Lawyer Can Initiate a Lawsuit in Dallas County
If you were injured in an accident caused by one or more loose objects, you may be able to collect compensation through a civil action.
If you choose to pursue a lawsuit, your lawyer may:
- Assess the facts of your accident
- Obtain relevant evidence, such as photographs and the police report
- Draft all necessary paperwork
- Make in-person appearances in court
- Calculate the cost of your various collision-related expenses
- Explain what monetary figure represents your losses
- Address your questions and concerns throughout the legal process
- Serve as your legal advocate
Your lawyer may be able to assist you in ways that we have not included here.
Work With Our Dallas Loose Objects Accident Attorneys
Call in the Strong Arm by calling Loncar Lyon Jenkins. You will receive more details about how our loose objects accident lawyer can help you pursue financial recovery. We offer services on contingency, meaning that our attorney fees are “contingent” on your case’s success. If we cannot recover compensation on your behalf, then you do not need to worry about paying us for our services.
To get started with a free, no-obligation case review, call Loncar Lyon Jenkins today.