If you or your loved one suffered an injury because of a trucker-involved accident in Fort Worth, a lawyer with Loncar Lyon Jenkins can help you with information about truck accident compensation.
Your Lawyer Can Help You Pursue Any Compensation That You Are Due
One of our lawyers will argue the point that defendants named in your case are responsible for the majority of the blame for your accident, if not the entirety of the blame. In the course of making this case, your lawyer may:
- File your lawsuit in the appropriate court
- Collect and organize evidence that suggests the defendants in your case are guilty of negligence
- Document and calculate the damages that you have sustained, ultimately asking the court to award you compensation for those damages
- Negotiate a settlement that may prevent a trial
- Argue your case at trial if need be
- Defend your rights
For a free legal consultation with a truck accidents lawyer serving Fort Worth, call 800-777-7777
Damages You Could Collect From a Truck Accident Claim or Lawsuit
Your lawyer’s goal may be to secure you a fair amount of compensation. Some forms of compensation you could be eligible to collect may include:
- Healthcare costs stemming from your truck accident
- Pain and suffering
- Income you have lost while recovering from your injuries
- Any permanent disability you have suffered
You may be able to collect damages in addition to those above if the details of your case warrant it.
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How Your Accident Could Have Occurred
If you or your loved one was injured in an accident caused by a trucker, you understand the risks that arise when truckers do not abide by the rules and safe practices of the road. Several behaviors from another party could have resulted in your injuries or a loved one’s death.
Such behaviors may include:
- Speeding
- Tailgating
- Being willfully distracted while driving, which could include actions such as texting and driving or adjusting a truck’s entertainment system while driving
- Driving without proper safety equipment such as functioning headlights or taillights
- Driving while under the influence of drugs which, according to Reuters, is a threat that may be particularly prevalent among commercial truckers
- Driving while drunk or under the influence of prescribed medication
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Laws and Doctrines That Could Prove Relevant to Your Case
You can rely on your lawyer to know about Texas law and its relationship to your case. The following circumstances could make certain state laws relevant:
If You Think You Were Partially Responsible for the Accident
Texas Civil Statutes Title 2 Chapter 33 states that, so long as your responsibility for an accident does not exceed 50%, then you may be able to collect compensation. If a truck driver was mostly responsible for your accident, responsibility for the accident and your resulting losses lies with them. However, you will see a reduction of damages as your fault level rises.
If You Choose to Pursue a Lawsuit for Your Injury
You have a limited time to file a lawsuit for an accident like yours. Texas Civil Practice and Remedies Code § 16.003 states that you have to take legal action within two years to secure a financial award. A failure to do so would result in you losing your claim to compensation.
Trucking Companies Could Owe You Damages
When a truck driver is working, their employers are liable for the driver’s actions under the doctrine of vicarious liability. So, if your accident happened while the truck driver was on the clock, their employer could be a party our Fort Worth lawyers could pursue for an award.
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Who We Could Hold Responsible for Your Accident
It is not only truckers who may be somehow responsible for your injuries or the death of your loved one. One or more companies may employ a trucker.
The company may be at fault if:
- They did not thoroughly vet the driver that caused your accident for the proper skillset, past driving-related violations, or other potential red flags.
- They did not maintain their trucks or trailers in a roadworthy condition.
- They did not regularly test drivers for drugs or adequately monitor for alcohol use.
- They did not implement a culture of safety or strictly enforce drive time limits.
Additional parties may be responsible for covering your losses, depending on the circumstances that led to your injuries. Your lawyer could help you determine liability and provide additional services, including leading your lawsuit from start to finish.
If You Lost a Family Member to a Trucking Accident
The severity of truck accidents often takes lives. If you lost your loved one to such an accident, we could help you seek damages through a wrongful death lawsuit. You do not need to handle your legal case while mourning. We are here to help. Lean on the Strong Arm in your time of need.
We could help you recover damages like:
- Your loved one’s lost income
- Your lost income, if you had to take time off to care for your loved one
- Your family member’s medical bills from before they passed
- Funeral and burial costs
- Loss of consortium and guidance
- Your family member’s mental anguish
- Your loved one’s pain and suffering
Trucks Present a True Danger to Pedestrians and Motorists
The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) notes that truckers are required to acquire a commercial driver’s license (CDL). This requirement intends to:
- Improve the overall state of highways from a safety perspective
- Ensure that those who operate large trucks are qualified to do so
- Remove those who are not qualified to be driving large trucks from behind the wheel
Those who drive large trucks should be aware that their vehicle:
- Is generally more difficult to control than smaller vehicles
- Weighs far more than smaller passenger vehicles
- Cannot stop as quickly as smaller, lighter vehicles
- May cause significant personal and property damage if it becomes involved in a collision with another vehicle or person
Negligence in Truck Accident Operation Causes a Major Risk to Others
Considering that truckers must undergo training and education to drive a commercial vehicle, they may be responsible for engaging in actions that put others at risk.
A careless trucker could pose a significant threat to your health if you are:
- A motorist on the same road as the trucker
- A motorcyclist on the same road as the trucker
- A passenger in a vehicle or on a motorcycle sharing the road with the trucker
- A pedestrian near a roadway occupied by the trucker
Statistics Support how Truck Accident Victims Bear the Brunt of Negligence
While these are worthwhile precautions to take, statistics indicate that requiring a truck driver to have a commercial driver’s license is no guarantee that they will act safely, at least not consistently. When truck drivers are unsafe or involved in accidents, they typically are not paying the price.
According to the National Highway Traffic Safety Administration (NHTSA), 72% of those who died in accidents involving trucks in 2017 were not in the truck; they were in other vehicles. Only 18% of those who died were in the large truck involved in a given accident.
These statistics indicate how important it is for truck drivers to operate their vehicles cautiously every time they drive.
Call the Team at Loncar Lyon Jenkins Today
We will fight for the compensation that you or your loved one deserve based on the negligence of a truck driver or anybody else who added to your losses.
Call our team at Loncar Lyon Jenkins today at (800) 777-7777 to find out more about the services that our truck accident lawyers can provide for your Fort Worth case.
Call or text 800-777-7777 or complete a Free Case Evaluation form
