Loose Trailer Accidents

In many cases, the trucking company’s insurance is responsible for financial damages caused by a truck accident, especially if the truck driver is found to be at fault. However, determining liability and responsibility in truck accidents can be more complex than in standard passenger vehicle collisions. Here’s why:

Employment Relationship: If the truck driver is an employee of the trucking company and was acting within the scope of their employment at the time of the accident, the trucking company (and by extension, their insurance) is typically held liable for damages under the legal doctrine of “respondeat superior” or “vicarious liability.”

Yes, in many jurisdictions, including Texas, if you’ve been involved in a truck accident due to someone else’s negligence, you can typically seek compensation for both your economic and non-economic damages. “Pain and suffering” falls under the category of non-economic damages.

Here’s a closer look at what this means:

Economic Damages: These are the tangible, out-of-pocket expenses you’ve incurred as a result of the accident. They include medical bills, rehabilitation costs, lost wages, property damage, and any other monetary losses directly related to the accident.

Non-Economic Damages: These are intangible damages that don’t have a direct monetary value but represent the physical and emotional distress caused by the accident. “Pain and suffering” is a term used to describe the physical pain and emotional anguish a victim may endure after an accident. It can encompass a wide range of issues, including:

• Physical pain and discomfort
• Emotional and psychological trauma (like anxiety, depression, or PTSD)
• Loss of enjoyment of life or diminished quality of life
• Scarring or permanent physical limitations

A trial lawyer, often referred to as a litigator, plays a crucial role in representing and advocating for clients involved in disputes that may lead to litigation or are already before the courts. Here’s how a trial lawyer can help your case:

Expertise in Legal Procedure: Trial lawyers are well-versed in the intricacies of the legal process. They understand court rules, procedures, and deadlines, ensuring your case proceeds without unnecessary delays or procedural errors.

Evidence Gathering: A trial lawyer will conduct a thorough investigation, gathering evidence from various sources, which may include police reports, witness statements, expert testimonies, medical records, and more.

Legal Strategy Development: Based on the evidence and legal principles, the lawyer will develop a strategy tailored to the specifics of your case, aiming for the best possible outcome.

Representation in Court: If your case goes to trial, your lawyer will present arguments, examine and cross-examine witnesses, and challenge opposing evidence, all to ensure your side of the story is compellingly and accurately presented.

Negotiation Skills: Even when a case is poised for trial, settlements can occur at any stage. An experienced trial lawyer can negotiate with the opposing side, seeking a resolution that aligns with your best interests.

Texas truck accident attorneys typically operate on a contingency fee basis, which means you won’t have any upfront expenses. In essence, the attorney’s payment is derived from a portion of the compensation you receive. The percentage they take often varies based on when your case is settled. For instance, if the case progresses to trial, the attorney may command a higher percentage due to the increased time, effort, and resources invested. Conversely, if the case is settled without initiating a lawsuit, the attorney’s percentage is usually lower because of the reduced workload.

Yes, if you are involved in a truck accident and are unsure about who is responsible, it is advisable to consult with a Texas truck accident lawyer. Here are some reasons why:

Expertise in Determining Liability: Truck accident lawyers have the experience and expertise to investigate the circumstances of the accident, gather evidence, and determine potential liability.

Complexity of Truck Accidents: Truck accidents can be more complex than typical car accidents. Multiple parties might be involved, such as the truck driver, the trucking company, the manufacturer of the truck or its parts, or the company responsible for loading the truck.

Dealing with Insurance Companies: Insurance companies often have teams of adjusters and attorneys working to minimize their liability. A truck accident lawyer can advocate on your behalf, ensuring your rights are protected and that you are not taken advantage of.

Potential for Significant Damages: Truck accidents often result in severe injuries or property damage. A lawyer can help ensure you pursue all potential sources of compensation, especially if long-term medical care is needed or there’s a loss of income.

Statute of Limitations: There’s a time limit (known as the statute of limitations) within which you must file a lawsuit after an accident. An attorney can ensure that all necessary actions are taken within this timeframe.

In Texas, the responsibility is determined by a judge or jury. However, many cases are resolved before reaching trial, so the need for a judge or jury to assign responsibility is less frequent. Instead, skilled lawyers utilize the litigation process to negotiate settlements aligned with the case’s specifics. If a settlement isn’t reached, the case proceeds to trial, where responsibility is assigned based on the presented evidence.

Yes, Texas follows the “modified comparative negligence” rule, which can affect compensation in personal injury claims when the injured party is found to be partially at fault for the accident. Here’s how it works:

Proportional Responsibility: If you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you’re found to be 20% at fault and your damages amount to $100,000, you might be eligible to recover $80,000 (which is the total damages minus 20%).

51% Bar Rule: Under Texas law, if you are found to be more than 50% at fault for the accident, you may not be able to recover any compensation.

It is advisable to consult with an experienced truck accident attorney, especially in cases involving truck accidents, as they often have unique complexities. An attorney can help protect your rights and maximize your chances of receiving fair compensation.

Yes, if a settlement cannot be reached through negotiations, you have the option to file a lawsuit to pursue your truck accident claim in court. An attorney can help you navigate the legal process.

The time to settle a truck accident claim can vary widely depending on the complexity of the case, negotiations with insurance companies, and potential legal proceedings. Some cases can be resolved quickly, while others may take several months or even years.

You may be eligible to recover various damages, including medical expenses, lost wages, pain and suffering, property damage, and more, depending on the circumstances of your case.

Yes, commercial trucks are subject to federal and state regulations, including weight limits, maintenance requirements, and driver qualifications. Violations of these regulations can be important factors in truck accident cases.