Commercial trucks are responsible for many catastrophic highway and road accidents.
Due to the weight and size of commercial trucks, a collision often results in devastating injuries that forever change the lives of those involved.
If you suffered injuries in a truck accident, you might be curious about how a truck accident lawyer can help.
Today, we will discuss the basics of what an experienced lawyer can do for you in your time of recovery.
What Does a Truck Accident Lawyer Do?
A truck accident lawyer plays a crucial role in ensuring justice and compensation for victims. They meticulously examine the involved insurance policies, expertly assess and document all the damages suffered by the victim, and effectively liaise with insurance companies to secure a fair settlement that comprehensively covers the victim’s physical, emotional, and financial losses.
Investigate Your Case
With a deep understanding of federal rules and regulations regarding truck drivers, your attorney understands what to look for when building a solid case on your behalf. They know what to look for and how to get the needed evidence.
Communicate and Negotiate
Your attorney understands the tactics and strategies employed by opposing counsel and insurance companies to coerce you into accepting unfair settlement offers.
Insurance companies are famous for offering initial lowball truck accident lawsuit settlements hoping that you take the bait.
It may be hard to resist initial offers of money, especially when dealing with mounting medical expenses and an inability to work.
But if you accept a lowball offer, you can never go back for more, no matter how much more your injuries end up costing you. Your attorney understands the full value of your case.
They know how to counter the tactics the opposing side will use to try to get out of paying you what your case is worth. Your lawyer knows how to present the evidence in a compelling manner, and they can hang the threat and expense of a trial over the heads of the opposing side.
With all that ammunition, our lawyers can typically avoid trial and get you a fair settlement offer without going to court. But, if the insurance company is not reasonable, we know how to take your case successfully to trial.
If settlement negotiations fail, your attorney knows how to prepare to take your case to trial. At trial, they will present the evidence to a jury and argue for full damages.
Common Causes of Truck Accidents
While truck accidents may occur for any number of reasons, the most common cause of truck accidents is negligence by either the driver or trucking company.
Driving Under the Influence
It’s illegal in every state to drive a vehicle, including commercial trucks, while under the influence of alcohol or drugs. When truck drivers engage in this dangerous behavior, they put everyone on the road at risk.
Engaging in reckless behaviors increases the risk of a crash. Common examples of reckless driving include exceeding the speed limit, tailgating, illegally changing lanes, or failing to yield.
Drivers of commercial trucks must focus only on the road while driving. Checking GPS, eating, talking on the phone, texting, and even messing with the radio are all distractions that can cause a crash.
Trucking companies must adhere to scheduled maintenance to ensure their vehicles are safe. Examples of potential maintenance neglect may be collisions caused by brake failure or tire blowouts.
Negligent Cargo Loading
Truck drivers must properly pack and secure their cargo to ensure the weight is evenly distributed. When a driver fails to distribute the weight properly, the truck may become impossible to control.
Poorly maintained roads and unclear traffic signals or detours can also cause collisions. Your attorney can pursue a trucking accident lawsuit against a government or municipal entity if such conditions caused your injuries.
Driving in inclement weather is challenging for all drivers. Extreme conditions affect visibility and a truck’s ability to stop or hold traction on slippery roads.
All commercial truck drivers must obtain a commercial driver’s license. Commercial drivers that fail to receive proper training risk the safety of others.
Trucking companies must ensure their drivers are properly certified. Your attorney may pursue a lawsuit against the trucking company if the driver that hit you was unlicensed or inadequately trained.
Who May Be Sued in a Trucking Accident Case?
Several parties connected to a commercial truck may be liable for your injuries. Your attorney carefully analyzes the facts of your case to determine who could be held responsible for the harm you suffered in your accident.
Potentially liable parties include the following:
- Truck driver. If the truck driver engaged in negligent behavior violating their company safety policies, your attorney might choose to sue the driver individually.
- Trucking company. Suppose a trucking company failed to maintain its fleet of commercial trucks or forced its drivers to engage in unsafe conduct to maintain a strict delivery schedule. In that case, your attorney may file a lawsuit against the trucking company for their negligence.
- Truck manufacturers. A defect in the design or construction of any part of a truck could have caused your accident and injuries. Building a commercial truck involves many manufacturers for the trailer, hitch, engine, tires, and other integral components—and potential flaws in the manufacture or design of any of these parts could lead to an accident.
- Shipper or freight loader. Shippers must load freight safely to avoid uneven weight distribution that creates a high accident risk.
Litigating truck accident cases involves holding the proper parties responsible so you can recover the compensation you deserve.
What Damages Can I Recover in a Truck Accident Case?
An injured victim can recover economic and non-economic damages for their losses, including:
- Medical expenses,
- Lost wages,
- Loss of future earnings,
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life,
- Loss of consortium, and
- Permanent injury or disfigurement.
Recovering these damages is crucial to getting the financial support you and your family need to move forward after such a traumatic experience.
The Tawney, Acosta & Chaparro P.C. legal team proudly serves clients throughout Texas and New Mexico. Our primary focus is earning serious results for you.
We are skilled negotiators, but we won’t hesitate to take your case to court if necessary. There’s no need to face the long road to recovery alone.
Our lawyers are here to help you, and we are serious about getting you the compensation you deserve. Contact us by phone or email to schedule a free case review today!