If you’ve been involved in an accident caused by an overloaded truck, it’s important to understand how overloading increases the risks of accidents, the legal implications, and how Loncar Lyon Jenkins can help you seek compensation for your injuries. Our truck accident lawyers have extensive experience handling cases involving overloading and can guide you through the process of obtaining the justice you deserve.

What is Overloading a Truck?

Overloading a truck refers to the act of carrying more weight than the vehicle’s manufacturer’s specifications or legal weight limits allow. These weight limits are determined by a combination of factors such as the truck’s size, design, and the strength of its components (e.g., tires, brakes, suspension system).

When a truck is overloaded, it puts excessive strain on the vehicle, compromising its safety and performance. The risks involved in overloading are significant, as it not only increases the likelihood of mechanical failure but also affects the driver’s ability to control the truck safely, potentially leading to a serious truck accidents.

Why is Overloading Dangerous?

Overloading a truck is dangerous for several reasons. It impacts the truck’s ability to function properly, making it more prone to accidents and failures that can endanger everyone on the road.

Increases Risk of Accidents

Increased risk of accidents is one of the most significant dangers of overloading. Excessive weight can make it harder for the driver to control the truck, especially when navigating sharp turns, curves, or slippery roads. This can lead to loss of control, jackknifing, or even rollovers.

Reduced Maneuverability

Overloaded trucks have reduced maneuverability due to the added weight, which makes it more difficult for the driver to steer or change lanes safely. In an emergency situation where a quick lane change or maneuver is necessary, an overloaded truck is much less responsive, increasing the likelihood of a crash.

Longer Stopping Distances

One of the most dangerous effects of overloading is that it increases the stopping distance. The heavier the truck, the longer it takes to stop. This can be particularly dangerous when the driver needs to stop suddenly to avoid an obstacle or collision, as the overloaded truck may not be able to stop in time.

Causes Mechanical Failures

Mechanical failures are more likely when a truck is overloaded. The strain on the truck’s components, such as its suspension system, tires, and brakes, can lead to serious malfunctions that may cause the truck to become uncontrollable.

Tire Blowouts

Tire blowouts are common in overloaded trucks because the tires are working under excessive pressure. This pressure can cause tires to burst, especially at high speeds, leading to accidents and dangerous situations for the truck driver and others on the road.

Brake Failures

Brake failures are another significant risk of overloading. The added weight can cause the brakes to overheat and wear down much faster than they would in a properly loaded truck, making it difficult for the driver to stop effectively.

How Does Overloading Affect Braking?

Overloading a truck can have a direct and detrimental impact on the truck’s braking system, compromising its effectiveness.

Longer Distances to Stop

When a truck is overloaded, it requires longer distances to come to a complete stop. The excess weight makes it harder for the truck’s brakes to slow the vehicle down efficiently, especially when traveling at high speeds or on steep grades.

Increased Brake Wear and Tear

Increased brake wear and tear occurs because the brakes must work harder to stop an overloaded truck. Over time, this can lead to brake failure if the driver does not address the problem, increasing the likelihood of a dangerous accident.

What Are the Legal Consequences in Texas?

Overloading a truck is not only dangerous, but it is also illegal in Texas, and the state has strict regulations and penalties for those who violate weight limits.

Fines and Penalties

Fines and penalties are imposed on truck operators and companies that overload their vehicles. The fines vary depending on how much the vehicle exceeds the weight limit, and they can be substantial, potentially leading to significant financial consequences for the truck operator or company.

Varies by Weight Over Limit

The severity of the fines depends on how far the truck exceeds the legal weight limit. Heavy fines can be assessed for just a few hundred pounds over the legal limit, with penalties escalating as the weight overage increases.

Possible Impoundment of the Vehicle

Impoundment of the vehicle is a possible consequence for trucks that are significantly overloaded. Law enforcement officers have the authority to impound the vehicle until it can be safely unloaded or brought into compliance with weight regulations.

What Are the Environmental Impacts?

Overloading a truck not only poses dangers to road safety but also has negative effects on the environment.

Increased Emissions

Overloaded trucks contribute to increased emissions, as they consume more fuel to carry the excess weight. This leads to higher carbon emissions, contributing to pollution and environmental harm.

More Fuel Consumption

More fuel consumption occurs because overloaded trucks have to work harder to move, leading to greater fuel consumption. This also increases the overall cost of operation for trucking companies.

Greater Road Wear and Damage

The added weight of an overloaded truck causes greater road wear and damage, accelerating the deterioration of highways and other road infrastructure. This can lead to higher repair costs for road authorities and potentially more accidents due to road damage.

Accelerated Deterioration of Highways

Accelerated deterioration of highways and streets is a direct consequence of overloading. The constant stress placed on road surfaces by overloaded trucks can cause cracks, potholes, and other issues that make the roads more dangerous for all users.

How to Prevent Truck Overloading

Preventing truck overloading is crucial for safety, environmental protection, and the longevity of road infrastructure. Several measures can be implemented to reduce overloading:

Regular Weight Checks

Regular weight checks at weigh stations help ensure that trucks are compliant with legal weight limits. Truck operators should take advantage of these facilities to avoid overloading their vehicles.

Use of Certified Weigh Stations

Certified weigh stations provide accurate measurements to ensure that trucks are not carrying more weight than they should. These stations can help trucking companies stay within legal weight limits.

Proper Cargo Distribution

Proper cargo distribution is key to preventing overloading. Even if a truck is within weight limits, the cargo must be balanced properly to avoid putting too much strain on certain parts of the truck.

Training on Load Balancing

Training truck drivers and operators on the importance of load balancing and adhering to weight limits can help prevent overloading accidents and ensure that trucks operate safely.

We’re on Your Side – Call Now for a 100% Free Consultation!

If you’ve been involved in a truck accident caused by an overloaded vehicle, Loncar Lyon Jenkins is here to help. Our team of experienced truck accident lawyers understands the complexities of these cases, including the role that overloading plays in accidents. We will investigate the cause of the crash, gather evidence, and work with experts to prove liability and secure the compensation you deserve for your injuries, medical expenses, lost wages, and more.

Our attorneys are dedicated to helping victims of truck accidents navigate the legal process with confidence, ensuring that your rights are protected every step of the way. We offer free consultations to discuss your case, assess the details of your accident, and provide guidance on how to move forward.

Contact Loncar Lyon Jenkins today to schedule your free consultation and learn more about how we can help you get the compensation you need after an accident caused by an overloaded truck.

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Why Should I Consider Hiring a Truck Accident Lawyer in Texas?

In Texas, the state’s extensive highway system and significant commercial truck traffic heighten the complexity of legal issues that arise from such semi-truck accidents involving passenger vehicles. These accidents frequently involve complicated liability questions, requiring a deep understanding of both federal and state trucking regulations.

A truck accident lawyersskills in investigating accidents and gathering evidence can help them build a strong case that proves liability. The experience a truck accident lawyer in Texas possesses in dealing with similar cases significantly enhances their ability to negotiate higher settlements.

What Are the Benefits of Hiring a Truck Accident Lawyer?

Hiring a truck accident lawyer brings many benefits, chief among them being their knowledge of federal and state trucking regulations. This knowledge is critical for navigating the legal issues that are unique to truck accident cases. Truck accident attorneys are also skilled in accident investigation and evidence gathering, fundamental steps in constructing a compelling case for their clients.

Skilled in Accident Investigation and Evidence Gathering

Accident investigation and evidence gathering are areas where truck accident lawyers excel. Their approach to collecting detailed information, from driver logs and maintenance records to eyewitness statements, is essential in building a strong case for their clients.

Experience in Dealing with Insurance Companies

Having experience dealing with insurance companies allows truck accident lawyers to effectively advocate for their clients and help their clients recover fair compensation. They understand the tactics claims adjusters use to reduce payouts and know how to counter these strategies to ensure fair compensation is achieved.

Skilled in Negotiating Higher Settlements

Lastly, truck accident lawyers are skilled in negotiating higher settlements, using their legal knowledge to secure settlements that truly reflect the severity of the victims’ injuries and losses.

What Factors Should I Consider When Hiring a Lawyer?

When seeking legal representation, you must weigh several key factors to ensure you choose the best lawyer for your needs. The lawyer’s experience with truck accidents stands out as a critical consideration, as this expertise is directly linked to their ability to effectively handle the many challenges these types of cases present. Additionally, evaluating a lawyer’s success rate in similar cases provides valuable insight into their proficiency and familiarity with the unique challenges presented by truck accidents.

Understanding the Lawyer’s Fee Structure

Understanding the lawyer’s fee structure is essential for financial planning and avoiding unexpected costs. It’s important to clarify whether they operate on a contingency fee basis, meaning fees are only paid if you win the case, or if they charge by the hour or offer flat rates. Compatibility and communication style are also important.

Determine if an Attorney is a Good Match

A successful lawyer-client relationship depends on clear, effective communication and a mutual understanding of case goals. Ensuring that your lawyer is someone with whom you can communicate with and who shares your objectives can significantly influence the outcome of your case. Taking these factors into account can help you choose a lawyer who is not only skilled and experienced but also a good match for you personally, increasing the chances of a favorable and successful partnership.

What Are the Potential Outcomes of Not Hiring a Lawyer?

Choosing not to hire a lawyer after a truck accident can lead to several detrimental outcomes. Victims may face challenges in proving liability and negligence, key elements in securing fair compensation. The complexities in truck accident cases often requires an in-depth understanding of specific laws and regulations, a daunting task without legal experience.

There is a significant risk of receiving lower compensation than what is justly deserved. Insurance companies may exploit unrepresented victims by offering settlements that inadequately cover damages and medical expenses. Without a lawyer’s negotiation skills and knowledge of fair compensation, victims may unknowingly accept these insufficient offers.

How to Find a Reputable Truck Accident Lawyer

Finding a reputable truck accident lawyer requires online research to ensure you hire a legal professional adept at managing your case. Researching and reading reviews online can shed light on the experiences of previous clients and the lawyer’s success rate.

Checking the lawyer’s disciplinary history stands as a critical measure. This information, accessible through state bar associations, provides valuable insights into any past disciplinary actions that could influence your choice.

Contact a Truck Accident Lawyer Promptly

Contacting a truck accident lawyer promptly after the incident can increase your chances of recovering fair compensation. A lawyer can offer immediate guidance on the best steps to take, ensuring your rights are protected from the start and initiating the process of securing just compensation for any damages and injuries sustained.

Contact Us Today

If you were involved in an auto accident with an 18-wheeler, contact Loncar Lyon Jenkins today. Our truck accident lawyers offer free consultations where you can discuss your case and explore your legal options. Contact us today to schedule your free consultation and learn how a truck accident lawyer on our legal team can help.

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A Dallas truck accident lawyer can help you pull information from black box recorders and other sources of evidence to build a strong and persuasive claim.

What Information Do Black Boxes Record During a Truck Accident?

Black box recorders are small electronic devices placed inside certain types of motor vehicles. In the event of a collision, they are designed to preserve information pertaining to the truck’s condition and actions at the moment of impact, including:

• The truck’s speed
• Whether the truck driver’s foot was on the brakes or the accelerator
• How many impacts there were
• How many times the truck rolled over (if applicable)
• How long the collision lasted
• Whether the truck driver was going straight or turning the wheel

Can You Access the Data From a Truck’s Black Box?

If you have a good reason for wanting to see the black box data—for example, you are trying to establish liability for your claim or lawsuit—then you have a right to request that information, as well as any other documentation the truck’s owner may have.

A truck accident attorney can help you gather all kinds of evidence for a truck accident claim.

How Black Box Recorder Information Pertains to Your Truck Accident Claim

Black box recorders in trucks play a role in your truck accident claim by establishing key facts about the truck’s movements during the crash. They can be especially helpful if there is any uncertainty about who caused the accident and how much each party contributed to the event. Black boxes can assist you with your case by:

Proving You Are Not Liable for the Truck Crash

Many states have laws about how much liability a person can bear before they are no longer permitted to recover compensation. This is called comparative negligence, although Texas calls it proportionate responsibility. In Texas, for example, this law can be found at Texas Civil Practice and Remedies Code § 33.001.

If you have a black box in your car, you can use it to directly show that your own actions were those of a responsible driver. If not, the truck’s black box can give evidence to support our case that the truck driver was not behaving properly or acting with the proper duty of care.

Hinting at Possible Negligent Actions Prior to the Truck Accident

For instance, if the black box shows that the truck was going excessively fast, you might be able to build a case against the driver.

On the other hand, if the data indicates something was wrong with the vehicle itself—say, if the driver was braking but the truck was not slowing down—then you could potentially sue the trucking company or the maintenance crew for allowing a defective vehicle on the road.

Supporting Other Truck Accident Evidence

As useful as they are, black boxes generally cannot prove or disprove anyone’s claim on their own. By hiring a truck accident lawyer promptly, you give them sufficient time to collect all of the available evidence, including:

• Testimony and materials from witnesses
• Expert opinions on how the accident likely happened
• Video or photos of the accident scene and the damage resulting from it
• The official police report

If the Liable Party Refuses to Settle Your Truck Accident Claim

In many cases, the liable party’s insurer is willing to settle claims out of court. However, this does not happen in every case. An insurer may refuse to negotiate or offer an appropriate settlement if:

• They believe that the available evidence supports their position
• They know they have enough resources to “wait out” your case until you give up
• They think they have a good chance of winning against you in court, so there is no point in losing money by settling too quickly

Filing a Truck Accident Lawsuit

Like with comparative negligence laws, each state sets its own deadline for when someone can file a lawsuit if a settlement offer is not forthcoming. For example, whether you lost a loved one or are suing over your own injuries, Texas Civil Practice and Remedies Code § 16.003 requires that you begin such a case within two years of the injury date.

It is therefore a good idea to start your claim as soon as possible so that:

• Your truck accident lawyer has plenty of time to investigate and collect evidence
• You leave a reasonable period of time for your attorney to negotiate with the insurer for an acceptable settlement
• You do not have to hurry through the filing process and risk making a mistake because you feel rushed

A Truck Accident Attorney’s Role in Your Case

Trying to build and manage a case by yourself is a daunting prospect. This is especially true if you are still reeling from the injuries and losses caused by your crash. You can always hire a truck accident law firm to support you as you pursue compensation, and we’ll take care of you by:

• Analyzing the evidence to determine your case’s worth and who should pay you that money
• Contacting the liable party and working with them to secure the compensation you need
• Staying in touch with you throughout your case so you always know what is happening and if you have to make any legal decisions
• Fighting hard to protect your rights and seek the damages you are eligible for

Let Us Help You Analyze and Collect Evidence After a Truck Accident

Call Loncar Lyon Jenkins for a free case review today. If you cannot come to our office right away, we would be happy to begin your case virtually. No matter how we start your case, we are eager to help in any way we can, including by explaining how black box recorders in trucks play a role in your truck accident claim.

The post How Do Black Box Recorders in Trucks Play a Role in My Truck Accident Claim? appeared first on Loncar Lyon Jenkins.

A Dallas truck accident lawyer helps clients determine liability and pursue a strong case against the liable party following this type of crash. Injured parties and those who lost a loved one can trust our team to develop a compelling case showing how the oversized or overloaded truck contributed to the crash. If you were hurt in a Texas truck accident, we are here for you.

Oversized and Overloaded Trucks Increase the Risk Factors for an Accident

A driver with an oversized or overloaded truck is much more likely to get into an accident than one who has an acceptable load properly secured in their trailer. When there is too much in the trailer, the risks include:

• Struggling to maintain proper speed, especially when going down hills
• Difficulty gauging stopping distance accurately
• Cargo shifting leads to rollovers or difficulty steering
• Altering the truck’s center of gravity, making a rollover more likely
• Increasing the weight on the tires and other vital structures increases the risk of failure
• A higher potential for lost loads and spilled cargo
• More difficulty controlling the trailer if there is a bump or the driver must swerve
• Hitting and damaging bridges and underpasses, causing a danger for others

As you can see, oversized or too-large loads can lead to collisions and injure occupants of other vehicles in many ways. This is why the Federal Motor Carrier Safety Administration (FMCSA) and state regulatory agencies restrict the size and weight of loads without special permissions.

Trucks must meet these regulations to move cargo. Weigh stations along the interstate highways check truck weight randomly, although it might be possible to pass through without getting stopped or to receive a citation but continue to their destination.

What Evidence Is Available to Support My Truck Accident Case?

When an overloaded or oversized truck causes a crash, victims might have a case against the driver, their employer, or another company that loaded the trailer. Often, determining liability in these cases requires an in-depth investigation into the circumstances of the truck’s excessive weight and the role it played in the crash.

Evidence in these cases includes:

• The accident report filed by law enforcement officers who were on the scene
• Eyewitness statements
• The truck’s onboard computer data
• Other logs kept by the driver and trucking company
• Documents showing the contents of the trailer
• Video of the crash, when available
• An accident scene survey
• Accident reconstruction data
• Relevant medical records
• Expert testimony
• Documentation of damages

ow Does Liability Work When a Commercial Vehicle Driver Causes a Crash?

When it is apparent that the truck’s weight contributed to or fully caused a collision and the trucking company violated industry regulations, these cases can be fairly straightforward. When the company that owns the truck and employs the truck driver also loaded the trailer, they failed to use reasonable care. In other words, the company acted negligently.

To recover compensation, the victim must show:

• The excessive weight caused the accident, or
• The driver acted negligently and caused the crash, or
• The driver’s negligence paired with the overloaded trailer caused the crash

In a commercial vehicle crash case, including most 18-wheeler accidents, it is uncommon to build a case against the at-fault driver alone. Instead, their employer is vicariously liable under Texas law. This means victims can pursue a case against the trucking company or corporation instead of an individual.

Companies generally have much larger corporate liability insurance policies than an individual driver would carry. This allows victims to have a better chance to recover compensation based on serious or catastrophic injuries, which are common in truck accidents.

What Damages Can a Truck Accident Lawyer Recover for Me?

When a personal injury lawyer represents a truck collision victim, they identify their client’s recoverable expenses and losses and document these damages. This allows them to value these costs and seek fair compensation. When they can build a compelling case to show how the trucking company is liable, they can recover money for the client.

The recoverable damages differ from case to case. However, truck accident damages often include:

• Pain and suffering and other non-economic damages
• Medical care and related costs, present and future
• Income lost while out of work
• Reduced ability to work and earn
• Property repair or replacement, including the damaged car
• Miscellaneous expenses

If the victim died from their truck accident injuries, their loved ones can pursue a wrongful death action under Texas Civil Practice and Remedies Code § 71.002(b). This usually includes the spouse, children, or parents.

What Should I Do If I Was Hurt in a Crash With an Overloaded or Oversized Truck?

If you were hurt in a crash caused by a truck driver or involving an overloaded or oversized truck, you should discuss your options with a truck accident lawyer as soon as possible. The earlier you hire a law firm to manage your case, the better. Evidence in these cases can disappear quickly, especially when it is held by the liable party.

You generally have up to two years to file a personal injury or wrongful death lawsuit in Texas under Texas Civil Practice and Remedies Code § 16.003. However, your lawyer will need to begin investigating your crash long before this deadline.

Most truck accident firms work based on contingency. You should not need to pay upfront fees to hire a lawyer to handle your case. You will pay out of the money they recover for you.

Talk to Our Team About Your Texas Truck Accident Case

At Loncar Lyon Jenkins, we will assess your legal options and explain how we can help. We provide these consultations for free. If you cannot come to one of our eight offices, we can set up a virtual meeting. Call in the Strong Arm.

Contact us now to learn more.

The post How Do Oversized or Overloaded Trucks Factor Into Accident Liability? appeared first on Loncar Lyon Jenkins.

• Both uninsured and underinsured motorist coverage are available to all drivers, but Texas law does not require it.
• Uninsured motorist coverage helps pay bills if a driver hits you who didn’t carry auto insurance.
• Underinsured motorist coverage helps pay bills when the at-fault driver’s policy limits don’t cover the total cost of your damages.

You can ask your insurance agent or a Dallas truck accident lawyer to help you better understand what your policy covers and what rights you have

What Uninsured Motorist Coverage Is Available in Texas?

The Texas Department of Insurance (TDI) explains that Texas does not require drivers to purchase UM/UIM coverage. However, it is a good idea to buy this insurance because:

• Not every driver carries the required amount of insurance. Thus, you could get stuck paying your losses out of pocket if the at-fault party does not have the means to reimburse you.
• UM/UIM coverage will pay for more than your collision policy, including pain and suffering.
• You could also rely on UM/UIM coverage if you are the victim of a hit-and-run crash, and the police cannot find the liable party.

Your insurance agent or attorney can explain more about uninsured/underinsured motorist coverage or answer other questions about your policy.

What Car Insurance Does Texas Require You to Purchase?

According to Texas Transportation Code § 601.072, the only auto insurance coverage you must purchase in Texas is liability coverage with these minimums:

• $30,000 to cover another person’s bodily injury
• $60,000 to cover all bodily injury
• $25,000 to cover property damage

Liability coverage will help you pay for any injuries or damage you cause someone else to suffer in a car crash. All other types of coverage, including UM/UIM coverage, are optional.

How Can You Purchase Uninsured Motorist Coverage?

When you initially purchase your policy, your insurance agent must offer UM/UIM coverage. In addition, you must refuse it in writing. If you later change your mind and want to add this coverage to your policy, contact your insurance company. You could also contact an attorney for a second opinion on this coverage.

How to File a Claim With Your Uninsured/Underinsured Motorist Coverage

After a car accident, one of the first things you should do is get the other driver’s name, contact information, and insurance information. Collecting this data could make it simpler to recover financial compensation later.

However, if the other driver has insufficient insurance or fled the scene before you could speak to them, you might have to rely on your UM/UIM coverage for compensation. Given how this coverage works in Texas, you can start your claim by:

• Contacting your insurance company as soon as possible, regardless of who was at fault.
• Providing your insurer with the information they request (you will likely have to fill out a form).
• Allowing the insurer to send an adjuster to take pictures of your car, visit the accident scene, and ask more questions about what happened.

Watch what you say to the insurer—it is often reluctant to pay more than necessary and will look for any reason to minimize a settlement. Instead of speaking to your insurer by yourself, you can consult a personal injury lawyer first and let them help you figure out what to say.

How Will Your Insurer Respond to Your Uninsured Motorist Claim?

If your insurer decides you have sufficient evidence to prove your case, it will approve your claim and send you a check. This is a best-case scenario.

Sometimes, an insurance company will initially deny your claim by stating:

• Your policy does not cover the type of injuries or crash you suffered.
• You did not provide enough evidence to prove your claim.
• Something besides the car accident caused the injuries you included in your insurance claim.

The insurer may also approve part of your claim while denying other components based on these same grounds. However, your car accident attorney can assist you in fighting an insurance company’s claim denial. They can work with the insurer to determine the reason for the denial and get your claim back on track.

Can You Sue an Uninsured Motorist in Texas?

You have the right to sue someone personally after a car crash. If the driver has no insurance or purchased the bare minimum allowed by law, filing a lawsuit could compel them to cover your damages, including the following:

• Pain and suffering
• Reduced quality of life
• Lost income
• Disability
• Disfigurement
• Financial losses not covered by your insurance

That said, you will want to exercise this right with care. Uninsured drivers often don’t have the resources to pay out of pocket for expensive accidents. Unfortunately, some may declare bankruptcy so that they do not have to pay what you need to cover your accident-related losses.

How to Determine if a Lawsuit Is the Best Option

Your car accident lawyer could work with you to decide if filing a lawsuit is a good option for you. If you choose to file a lawsuit, they could handle the case and seek a fair outcome. They’ll take care of these tasks:

• Contacting the at-fault party and their legal representative
• Presenting your case to the other parties
• Negotiating for the settlement you need

Accidents involving uninsured or underinsured drivers can become complicated, frustrating, and challenging. Thus, it’s often a good idea to protect your interests by hiring a car accident lawyer to help you navigate such a case.

Learn More About Uninsured Car Accident Cases

Do you still have questions about how UM/UIM coverage works in Texas? Loncar Lyon Jenkins has the answers. Call us today and let a team member evaluate your case at no charge. We help clients with both personal injury and wrongful death cases.

The post How Does Uninsured or Underinsured Motorist Coverage Work in Texas? appeared first on Loncar Lyon Jenkins.

Other parties, such as a bar or restaurant, could also be liable for overserving the truck driver. A Dallas truck accident attorney from our team will investigate your accident, establish liability, and seek fair compensation from the responsible parties.

An Impaired Truck Driver May Face Criminal Charges—But You Can Sue for Your Damages

While law enforcement officials may seek criminal charges against an impaired trucker who caused your accident, the criminal process will not address your needs as a victim. You may sue the parties responsible for the trucker’s impairment and the resulting accident.

Most motorists know that the law considers someone driving drunk if they have a blood alcohol concentration (BAC) of .08% or greater. However, Texas law holds truck drivers to an even higher standard for alertness and sobriety.

Texas Transportation Code § 522.081 explains that a truck driver can lose their commercial driver’s license for driving with a BAC over .04%. Authorities may have determined a truck driver’s impairment at your accident scene (or shortly thereafter) by:

• Taking breath samples
• Taking blood, hair, or urine samples
• Conducting a field sobriety test
• Observing the truck driver’s appearance, movements, demeanor, speech, and motor function
• Searching the vehicle for drugs, alcohol, or paraphernalia

What Damages Should I Seek Compensation for After a Truck Accident in Texas?

A personal injury attorney from our firm will calculate the precise value of your damages, as no two victims have the same injuries, financial losses, or psychological symptoms.

When a truck driver is under the influence of alcohol or drugs, they may be more likely to cause a high-speed accident. Such accidents can cause severe damages, including the following:

• Healthcare expenses: When an impaired truck driver causes a collision, victims often face lengthy recovery times and costly medical bills. The trucker, their employer, or an insurance company should cover all your accident-related healthcare costs, including any rehabilitation, medications, mental health treatment, or medical equipment you require. 
• Total damage to your vehicle and other property: Trucks weigh far more than passenger vehicles, and this weight difference increases the risk of catastrophic collisions. Thus, we will seek compensation to replace your car or complete repairs if your vehicle does not suffer total damage. Your truck accident lawyer will also account for other property damage resulting from the accident.
• Lost income: Our team will seek fair compensation for lost income, diminished earning power, and other professional damages. For example, if you were on track to achieve a performance bonus but had to stop working due to accident-related injuries, we could include that bonus value in your claim.
• Pain and suffering: Victims sometimes have recurring traumatic memories, nightmares, and anxiety related to their truck accidents. Physical pain, depression, post-traumatic stress disorder (PTSD), lost quality of life, and sleep problems might qualify as pain and suffering. 
• A wrongful death: Tragically, truck accident cases often become wrongful death cases. Our wrongful death attorneys will seek compensation for pain and suffering, loss of consortium, lost financial support (including the decedent’s household services), funeral expenses, medical expenses, and other damages.

Whether you have suffered non-fatal injuries or lost a loved one, our firm supports you. Our dedicated attorneys will fight tirelessly for the financial outcome you deserve and never shy away from tough cases involving trucking companies.

How a Truck Accident Attorney From Our Firm Will Pursue Compensation for You

When you call in the Strong Arm for your truck accident case, you receive the full support of a deep, versatile legal team. Our attorneys, paralegals, and other staff members will fight for your financial recovery in many ways.

Gathering Case-Related Evidence

We take an urgent but meticulous approach to gathering evidence. Sometimes, we must move quickly to secure evidence in truck accident cases involving impairment. For instance, we may file a letter of spoliation requiring the trucking company to hand over helpful evidence.

Some examples of useful evidence in an intoxicated truck accident claim include the following:

• Records that show the driver had a history of impairment, dangerous driving, or other issues
• Data from the truck’s black box, which may provide critical information about the collision
• Witness accounts of the truck accident
• Witnesses who saw the truck driver drinking alcohol or using drugs
• An expert’s reconstruction of the crash

Documenting Your Damages and Calculating a Settlement Value

Your personal injury attorney will document your damages using the following information:

• Medical records that detail your doctors’ diagnoses and prognosis
• Proof that you cannot work while injured (and the income you lose as a consequence)
• A mental health expert’s evaluation of your pain and suffering
• Invoices for vehicle repairs or the cost of a new vehicle

We will identify every way your accident has harmed you. Then, we’ll seek convincing proof of each of your damages.

Negotiating a Settlement or Completing a Trial

We aim to hold at-fault parties responsible for an intoxicated truck driver’s negligence. Specifically, we will seek a settlement covering all your accident-related losses. However, if liable parties will not pay you fairly through a settlement, we will take your case to court.

Call Loncar Lyon Jenkins Today for Your Free Consultation

A truck accident lawyer from Loncar Lyon Jenkins will oversee every detail of your case. We intend to secure the compensation you deserve as soon as possible, allowing you to move forward from the accident.

Remember that Texas Civil Practice and Remedies Code § 16.003 generally requires that we file truck accident cases within two years of the collision. So, please don’t wait. Call Loncar Lyon Jenkins today for your free consultation.

The post What if the Truck Driver Was Under the Influence of Alcohol or Drugs During the Accident? appeared first on Loncar Lyon Jenkins.

A collision between a large truck and your passenger vehicle is a serious event. It can leave you with serious injuries and steadily growing medical bills. At the same time, the injuries you sustain can prevent you from earning a living. A Dallas truck accident lawyer will review your case and discuss the best methods of obtaining financial recovery. Your initial review will cost nothing and give you a clearer understanding of your case.

A Truck Accident Lawyer Can Calculate Your Recoverable Damages

Calculating the recoverable damages you can collect for a truck accident can be complicated. On your own, it can be easy to overlook or omit valid forms of compensation. When a personal injury lawyer handles your case, they will request the following damages:

• Economic damages, including current and future medical bills, rehab, therapy, and assistive devices, and medications. They also include current and future income loss and loss of the ability to earn in the future. The costs of repairing or replacing your car are also included, along with its diminished value.
• Non-economic damages, including physical pain and suffering and mental and emotional trauma. They also include compensation for lasting disabilities or disfigurement.

Families who lost a loved one can recover wrongful death damages. They include the costs of your loved one’s final arrangements and your loss of their financial and familial support.

Your Lawyer Can Meet the Statute of Limitations for Truck Accidents

Filing a lawsuit after a truck accident is a time-sensitive legal matter. According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file your personal injury or wrongful death lawsuit.

If the filing deadline expires, you could be barred from filing your lawsuit at all, or it will be dismissed without being heard. Either outcome will cause you to unintentionally relinquish your right to financial recovery.

Compliance can be complicated on your own, so the best way to handle the statute of limitations is to let a lawyer handle it for you. When a lawyer represents you, they will accurately interpret the filing deadline, explaining the circumstances that cause it to fluctuate.

A Truck Accident Lawyer Can Investigate the Cause of Your Accident

Working with a lawyer versus on your own means you have an entire law firm and their resources behind your fight for compensation. Your lawyer will explain the four elements of negligence and their role in identifying the accident’s cause and the at-fault party or parties.

The legally required elements of negligence include:

• Duty: The at-fault party had a duty to act in a reasonable manner
• Breach: The at-fault party recklessly or carelessly breached their duty
• Causation: The at-fault party’s action caused the accident to occur
• Damages: The accident and your injuries had negative financial consequences

The at-fault party’s negligence is what entitles you to a settlement after a truck accident. To document their negligence, your legal team will compile a collection of evidence that supports your version of events. It will also establish your right to recover appropriate damages.

Your Truck Accident Lawyer Can Build a Comprehensive Case File

Collecting evidence can be challenging on your own since it could be hard to access without legal support. If drug or alcohol use is a suspected cause of your accident, your lawyer will request blood alcohol concentration (BAC) tests and their results. Addition evidence they will add to your case file can include:

• Your truck accident report will contain details, notes, and observations about the accident and its causes and contributing factors
• Statements from lay and expert witnesses, including medical, financial, trucking injury, and accident reconstruction experts
• Medical records and bills that describe your injuries, their impact on your health, and their known and anticipated expenses
• Photos and videos, including smartphone, dashcam, traffic camera, and residential and commercial security footage
• Truck driver records, including their training, hiring, and driving history along with their logbooks describing their hours of service in detail

Your case file will include records and reports on the way the truck was loaded, balanced, repaired, and maintained. Your lawyer will also add your job and salary history records to your case file. They will prove the value of your lost income.

A Lawyer Can Identify All Potentially Liable Parties in Your Truck Accident Case

Trucks are massive pieces of equipment with lots of moving parts which can make truck accident cases can be far more complicated than car accident cases. They can also have more than one at-fault party whose action contributed to the collision.

You can sue the trucking company for damages if the driver was improperly licensed or trained or the truck was not in good repair while on the road. The truck driver could be liable if they are an owner/operator or drove recklessly, including speeding and driving while fatigued or distracted. The cargo loading facility could bear liability if the cargo was loaded improperly or was imbalanced, causing the truck’s weight to shift.

Your lawyer can build a strong truck accident case file for you and use it to steer your case toward a settlement. They will take on all applicable insurance companies on your behalf.

Get Your Free Truck Accident Consultation Today

If you or someone you love was injured in a truck accident, our law firm will help you build the strongest possible case for financial recovery. We will deal with the insurance company so you can concentrate on your physical recovery.

Contact our consultation team today to learn more about how our truck accident lawyer at Loncar Lyon Jenkins can help you recover damages.

The post How Can a Truck Accident Lawyer Help Me? appeared first on Loncar Lyon Jenkins.

There are several reasons why a trucking company’s insurance adjusters may deny a claim. However, the denial is not the end of the negotiating process. Allow a dedicated truck accident attorney from our team to negotiate on your behalf. 

An Insurance Claim Denial May Be a Bad-Faith Negotiating Tactic by an Insurance Company

The reason an insurance company gives for denying a truck accident claim may not be the actual reason for denying your claim. Regardless of the stated explanation, the reason for denial may be simple—the insurer does not want to pay for your accident-related losses.

If the personal injury claim denial is a negotiating tactic, the insurance company may intend to: 

• Put you on desperate footing: Receiving a claim denial can be a surprising and unnerving event. You may even fear that the denial means you won’t receive any compensation for your accident. This may be the insurer’s goal. If you fear that you are in a dire financial position, you may accept any compensation the insurer offers.
• Have you accept the denial without a fight: In some cases, accident victims simply accept the claim denial without further question or fight. This would completely free the insurance company from financial responsibility.
• Accuse you of causing the truck accident: Texas is a fault-based insurance state. This means that the at-fault motorist generally bears the financial cost of an accident. Therefore, an insurer may accuse you of causing the accident in order to avoid financial responsibility for your losses.
• Offer you a lowball settlement: A claim denial can be the first step toward a lowball settlement offer. If you refuse to accept the denial, the insurance company may offer compensation—but far less than you deserve.
• Make negotiations long and difficult: Insurance companies often have time on their side. You are the one facing medical bills, lost income, vehicle repair costs, and other losses. The insurance company may stall, pressuring you to accept a lowball offer.
• Pay less than you deserve, by one means or another: Auto insurance providers make their profits by paying as little as possible to accident victims. The trucking company’s insurer, therefore, may use several different tactics to try and avoid paying the money you deserve.

 No matter the reason for your claim denial, you can trust our personal injury attorneys to fight for the fair compensation you deserve. Auto accident victims deserve the right to hold the truck driver and their employer financially responsible for the accident. 

Why Truck Accident Victims Hire Attorneys From Our Firm

 You may hire a personal injury lawyer for several reasons, including: 

• Your physical injuries, which may limit your ability to complete the most basic tasks
• Your psychological and emotional symptoms, which may cause a low tolerance for stress and rigorous mental activity
• Your inexperience with truck accidents, which could make it difficult to effectively lead your own claim or lawsuit
• Your financial stress, which may prevent you from building a strong case without our firm’s financial assistance

Our firm addresses each of these issues. With our help, you can rest and recover as we seek justice against the at-fault driver. This ensures you will not compromise your physical, psychological, or emotional well-being any further. We also provide financial assistance by covering the entire cost of your claim or lawsuit.

We Deal With Insurance Companies in a Head-On, No-Nonsense Manner

Our attorneys deal with insurance representatives on a regular basis. These companies generally have substantial financial resources, lots of experience, and a desire to pay accident victims less than they deserve.

When you hire our firm, you get a law firm that:

• Has financial resources to build compelling, evidence-based cases on our client’s behalf
• Has secured many settlements from, and judgments against, auto insurers
• Knows how to combat bad-faith negotiating tactics by insurers
• Will demand the financial recovery you are entitled to

We will build your truck accident case by:

• Securing evidence that proves the trucking company is liable for the accident
• Documenting your covered losses using medical records, invoices for vehicle repairs, and any other proof of your accident’s cost
• Citing any relevant details of the insurance policy
• Calculating the precise cost of your accident-related losses

Once we have investigated the accident and your losses, we will engage the insurance company in settlement negotiations.

Liable Trucking Companies Should Cover All of a Victim’s Accident-Related Damages

We intend to secure compensation for all of your accident-related damages, which may include:

• Property expenses
• Pain and suffering
• Any mental health treatment you pursue after the accident
• Lost income
• Diminished earning power
• Medical expenses

Our wrongful death lawyers also represent clients who have lost loved ones. If a fatal truck accident has claimed your loved one’s life, trust our team to prioritize your lawsuit. We will consider funeral expenses, your pain and suffering, the decedent’s pain and suffering, lost financial support, loss of consortium, and any other damages you’ve suffered.

Call in the Strong Arm to Fight for Fair Compensation for a Trucking Accident

Our law firm is built on client service, and we intend to fight for the compensation you deserve. We can help you regardless of where you stand in the claims process. A truck accident lawyer from our team will calculate your damages and negotiate a settlement with the liable insurer.

A lawsuit may also be a worthwhile option, depending on the details of your case. Call Loncar Lyon Jenkins today for a free consultation about your truck accident case.

The post What If the Trucking Company or Their Insurance Company Denies My Claim? appeared first on Loncar Lyon Jenkins.

You must back up your claim with comprehensive evidence collection when you pursue a negligent truck driver or other at-fault party after a crash. A Dallas truck accident lawyer can clarify what evidence you need for your case. They will compile your evidence and submit it to the at-fault party and their insurance company. Then, they’ll use the evidence to steer your case toward resolution via a settlement versus a trial.

Truck Accident Evidence Collection Starts Right at the Accident Scene

The immediate aftermath of a truck accident can be traumatic and disturbing. That can make it hard to know what you should do at the scene of a truck accident. Moreover, if your injuries are severe enough, you may not have been able to gather evidence at that time. Thus, it’s vital to contact a local law firm as soon as possible.

If your legal team can inspect the accident scene, they can gather crucial details and information supporting your right to compensation. For example, they can interview witnesses while their recollections are vivid and help you comply with the statute of limitations. 

Your Truck Accident Report Is a Valuable Piece of Evidence

According to Insurance Information Institute (III) guidelines, collecting as much information at the scene as possible can help your claim. Then, you will want to request a copy of the police accident report, which will contain critical information, including the following:

• Contact information for the trucker, their employer, and their insurer
• Points of impact and paint transfers on each involved vehicle
• Road and weather conditions and relevant road and tire markings
• Vehicle damage and whether a tow truck removed your car

Your lawyer will obtain your police report for you. They will also gather additional evidence while you concentrate on your recovery or helping a loved one recover. 

Photos and Videos Can Capture Important Details About Your Truck Accident

Your police report might include police-generated photos and videos that support your version of events. If it does, your lawyer will review them and include them in your case file. 

Your lawyer will also explain additional video footage they could use as evidence in an insurance claim or lawsuit. Whenever possible, they will obtain footage from:

• Traffic cameras
• Surveillance cameras
• Dash cameras
• Police bodycams

Most people carry smartphones today. If bystanders or passersby took photos or videos of the collision, your lawyer could help you access it. Additionally, they will canvass nearby establishments (e.g., businesses or bus stops) for video footage.

Gather Statements From Lay and Expert Witnesses for Your Evidence File

Expert witnesses in a truck accident case can reconstruct your accident and clarify the sequence of events. Your attorney might consult:

• Medical experts 
• Forensic experts
• Financial planners
• Trucking industry experts
• Mental health professionals

Your personal injury lawyer will identify and consult relevant experts. Most will also cover the upfront costs of working with the experts your case requires.

Medical Records and Bills Document Your Truck Accident Injuries and Costs

You not only must collect evidence proving the cause of your accident, but you also need to prove its costs. A critical piece of evidence is your medical records, which typically provide detailed insight into the extent of your injuries and their current and future costs. 

Your legal team will compile medical records and bills from every healthcare professional and facility where you receive treatment. They will also gather receipts for required medications, assistive medical devices, and other treatment costs. 

You can also sue for pain and suffering resulting from the accident, injuries, and recovery process. Your medical, rehab, and therapy records help your lawyer determine the value of these damages.

First Responder Observations Can Support Your Truck Accident Case

The first responders who usually arrive at the scene of a truck accident are police officers and paramedics. Each can provide essential evidence and information to your legal team. For example, the police report will capture key information in an objective format. 

Medical first responder reports could also prove valuable. They will note any readily apparent injuries at the scene and the treatment you received until you reached the hospital. In conjunction with your medical records, they tell an important part of your story and the accident’s aftermath. 

A Truck Accident Attorney Can Gather Hard-to-Access Evidence for You

Some evidence that will support your truck accident case might be easier for you to obtain with legal support. For example, if a lawyer represents you, they can request:

• Hours-of-service logbooks
• Cargo loading reports
• Maintenance and repair records
• GPS and black box data
• Training, licensing, and driving records

If drugs or alcohol played a role in the collision, your lawyer will request the driver’s blood alcohol concentration (BAC) test results. 

Finally, did your family member die in a fatal truck accident? If so, your attorney will request your loved one’s medical records and death certificate, since these items could trigger you emotionally.

Discovery and Depositions Can Reveal Additional Truck Accident Evidence

The discovery process allows each side of a legal action to examine the other party’s evidence. Thus, your legal team could gain valuable insight into your case.

In addition, a deposition allows your lawyer to hear from the defendant and any witnesses for their side. Finally, should the defendant’s representatives opt to depose you, your lawyer will prepare you for the process.  

Consult Our Truck Accident Team at No Cost or Obligation

Loncar Lyon Jenkins will investigate and build the strongest case for you if you or a loved one suffered injuries in a recent truck accident. We will explain what evidence you should gather after a truck accident and the steps we will take to compile it for you.

Leave the hard work to us so you can focus on getting better. Get started today by contacting our consultation team at Loncar Lyon Jenkins.

The post What Evidence Should I Gather After a Truck Accident? appeared first on Loncar Lyon Jenkins.