If you or a loved one experienced injuries that a negligent truck driver in El Paso, TX, caused, our truck accident lawyer can seek fair compensation on your behalf. Each case is different, so the value of yours depends on the accident’s circumstances and other details. Types of compensation typically include medical bills, missed time from work, and pain and suffering.
When a truck collides with a passenger vehicle, the injuries you suffer can require medical care throughout the rest of your lifetime. A personal injury lawsuit may result in a settlement to address these losses. Some truck accident victims do not survive the impact. Close family members left behind can file a wrongful death lawsuit. At Loncar Lyon Jenkins, our El Paso truck accident lawyers can help in both of these situations. Call us today for a free consultation.
You May Qualify for Compensation
If your injuries resulted in financial losses, you could seek compensation to cover them. You may also qualify to recover an award for your non-economic losses. Most truck accident victims who suffer injuries qualify to recover both types of damages through an El Paso insurance claim or lawsuit.
Examples of potential damages include:
- Medical bills, such as emergency room visits, surgery, medication, doctor’s visits, hospital stays, modifications to your home, and ongoing rehabilitation
- Lost income if you had to take time off of work to heal from your injuries
- Reduced earning capacity if your injuries will prevent you from returning to work
- Property damages, including the damage to your vehicle and the replacement of any other personal property destroyed because of the collision
- Loss of quality of life if you can no longer engage in the activities you once enjoyed due to your injuries
- Disfigurement and permanent scarring if it affects you physically, emotionally, or financially
- Pain and suffering for your physical or emotional injuries
Our El Paso truck accident attorneys can calculate your losses to make sure you are seeking a sum that would fairly cover them. We will seek the maximum compensation that helps you cover your accident-related expenses. We may speak to your doctors, ask you to keep a journal of how your injuries affect you daily, and call in expert witnesses, such as an accident reconstructionist, to testify about how your injuries will affect you in the short-term and long-term. In addition, we will gather proof of the value of your case, which could include your medical bills, receipts, estimates, and more.
If an El Paso Truck Accident Caused a Wrongful Death, the Deceased’s Relatives Could Qualify for Compensation
If you lost a loved one due to a truck accident in El Paso, financial compensation could help your family adjust in their absence. It can greatly reduce your stress to know you do not have to try to make up for lost income or pay for their final expenses out of your pocket. A civil case or claim may be your only option for getting the justice your lost loved one and family deserves.
You may receive compensation for:
- Funeral expenses, or cremation or burial costs
- Loss of consortium
- Loss of inheritance
- Intangible losses suffered by surviving family members
- Loss of income and services your loved one previously provided
- Medical bills from your loved one’s injuries
- Your loved one’s pain and suffering before their passing
We can file a wrongful death lawsuit on your behalf while you grieve in peace with your family and handle your loved one’s final arrangements. Texas law designates which family members can pursue these damages. We can review how your family could take this legal action during a free consultation.
877-239-4878Available 24/7 | 356 Days | se habla español
Negligent Parties in a Truck Accident
Truck drivers must hold a commercial driver’s license (CDL), per the Texas Department of Public Safety (TxDPS). They must also follow state and federal regulations, including those governing hours of service and regular maintenance and inspections. In addition, they must follow all applicable traffic laws just like any other driver on the road. Commercial truck crashes have grave consequences when drivers engage in careless or reckless driving.
If a truck driver failed to follow these regulations, their actions may prove negligent and qualify you for compensation. In addition, other parties may be legally responsible based on their own negligence or vicariously liable for the trucker’s actions.
Overall, the liable parties in a truck collision caused by truck driver negligence could include:
A Negligent Driver
Maintaining control of a large truck, like a semi-truck, requires strict discipline—especially while driving in poor weather and hazardous road conditions. Truck drivers must have special training to operate these large vehicles. A simple error on their part can cause an accident.
For example, a tractor-trailer truck requires a longer braking time than a passenger vehicle. Under the following conditions, the truck requires the length of two football fields to come to a complete stop:
- Fully loaded at 80,000 pounds (the federal limit)
- Normal road and weather conditions
- Traveling at an average speed of 65 mph
If a driver fails to leave enough room between themselves and other vehicles, they may not be able to brake in time. Similarly, if a driver chooses to drive under the influence of drugs or alcohol, their negligence can cause severe injuries and make them liable for compensation.
A Negligent Trucking Company
In some cases, the trucking company that employs the truck driver may have acted negligently and caused an accident. For example, if the company failed to perform regular truck inspections and maintenance, it may have set the driver up for failure and risked the lives of other motorists on the road.
Similarly, if the truck company scheduled drivers for long shifts, it failed to follow state and federal regulations regarding hours of service. The employer may bear liability for the driver’s negligence in these situations.
The trucking company may also be legally responsible in several other situations, including if it hired an unqualified driver or knowingly failed to get rid of a driver that created an increased risk on the roads.
A Negligent Truck Manufacturer
When an accident occurs due to a defective piece of equipment on a truck, the truck manufacturer may be held liable. For example, if faulty brakes fail to prevent a truck from colliding with a passenger vehicle, the truck manufacturer or the manufacturer of the brakes may be responsible for a victim’s injuries.
Other Parties That Could Be Responsible for El Paso Truck Accident Victims’ Losses
When it comes to a malfunctioning truck, a maintenance company could be liable if an investigation finds it failed in its duty of care. Other negligent parties could include a cargo loading company, a municipality responsible for the site where the accident occurred in El Paso, and even another road user, including a passenger car driver or a pedestrian.
A Note About Vicarious Liability
In almost all cases, the truck driver’s employer may be vicariously liable for a crash caused by that driver’s negligence. This is because there is case law in Texas that allows us to pursue a case against an employer when certain conditions are met. In most commercial vehicle accidents involving 18-wheelers, we can document these requirements and hold the trucking company responsible.
Identifying and determining responsibility for your accident injuries or your loss is how we start building your case. If you suffered injuries or lost a loved one due to a dangerous truck driver, a poorly maintained truck, or both, an El Paso truck accident lawyer with our law firm can get to work for you. We will list all responsible parties in your case.
How Loncar Lyon Jenkins Can Protect Your Best Interests
Working with a personal injury lawyer after a truck accident can help you focus on healing from your injuries while also pursuing the legal process. We take care of most of the tasks associated with building your case and filing your claim while you receive treatment, undergo rehabilitation, and return to your normal everyday activities.
You can count on Loncar Lyon Jenkins to:
Investigate Your Accident and Collect Evidence
When investigating a truck accident, we leave no stone unturned. We can look at police reports, black boxes, traffic camera footage, and witness statements to gather evidence for your case. We take action as quickly as possible to:
- Preserve any potential evidence held by the trucking company or other parties
- Survey the scene
- Interview witnesses
- Gather other evidence that may be at risk of being lost if we wait any longer
Prevent You From Accepting an Unfair Settlement
Once we assess your case, we can negotiate with insurers for fair compensation. Note that if you accept an initial settlement offer on your own, you lose your opportunity to pursue compensation later. This is troubling if your medical condition worsens—you may not have the funds needed to pay for your care.
Our team is aware of the tactics insurance companies use to avoid a fair settlement. Let us handle them so you can focus on your medical treatment and procedures. This is the best way to protect your right to seek fair and just compensation based on the facts of your case.
Handle All Communications With the Liable Party
By entrusting an El Paso truck accident lawyer with your case, you can rest easier knowing someone is at work on your behalf. There are no more calls from aggressive insurance companies—if they do call, you can refer them to your lawyer.
Represent You in a Trial
If we need to file a personal injury or wrongful death lawsuit to seek a fair award, we will not hesitate to do so. We can represent you before a judge or jury to seek what you deserve. Our team handles every case from the first day as if it will go to trial. B This ensures your claim is the strongest case possible and that we are prepared if we do need to take legal action against the liable parties.
877-239-4878Available 24/7 | 356 Days | se habla español
Deadlines for Filing Your El Paso Truck Accident Case
The team at Loncar Lyon Jenkins understands Texas law as it pertains to the statute of limitations in your case. Given enough notice, we will file your lawsuit in a timely manner.
Texas Civil Practice and Remedies Code § 16.003 generally allows two years to pursue a civil lawsuit. While this may sound like plenty of time, investigating a case and negotiating with insurers takes time. If you miss this opportunity to file, you may be barred from pursuing possible compensation.
Your medical care is too important to risk missing a key deadline. The days following your truck accident often include great stress and physical pain, but we can help you abide by the deadline for filing a lawsuit while you rest. We can take care of all filing deadlines and keep your case on track.
Call in the Strong Arm After an El Paso Truck Accident
Medical costs continue to escalate, and your time missed from work can leave you feeling anxious about your expenses. Let an El Paso truck accident attorney from Loncar Lyon Jenkins protect your rights and interests during this stressful time.
Call in the Strong Arm of Loncar Lyon Jenkins now for a free case evaluation. We are ready to pursue your compensation award for a trucking wreck in El Paso. You deserve to hold all negligent drivers accountable for your losses as you seek recovery so that you can restore your health and rebuild your life. Don’t wait. Start exploring your legal options today.