Collisions between 18-wheelers and passenger vehicles can result in catastrophic injuries. When these accidents occur as a result of negligence, an injured motorist could recover compensation. This monetary award could provide for medical bills, pain and suffering, and a range of other losses.
If you suffered injuries in an 18-wheeler crash, our Arlington 18-wheeler truck accident lawyer could help. You have the right to pursue legal action against the negligent truck driver as well as any other parties responsible for the crash. You do not have to attempt to navigate the legal system on your own.
What Is an Arlington 18-Wheeler Truck Accident Case Worth?
Your truck accident injury could result in financial compensation. The settlement you receive will depend on the specifics of your case. Our Arlington truck accident lawyer can review the facts, evaluate the strength of your case, and advise you on what it could be worth.
When our firm reviews your case, we will evaluate all of the types of damages you could recover. Depending on the type of harm you suffered, you could recover compensation for the out-of-pocket expenses associated with your accident and for your intangible losses. The types of damages you could recover include:
Serious injuries require medical care, and that care can be expensive. For some people, these medical costs will only continue to grow over time if they need additional treatment. If your truck accident case is successful, you could recover damages based on past as well as future medical expenses. Some covered treatment could include surgeries, chiropractic care, hospitalization, or physical therapy.
Most people that suffer an injury in a truck accident would like nothing more than to get back to their normal life as soon as possible. Unfortunately, many injuries make it impossible to return to work right away. This inability to work could result in a sudden loss of income that is impossible to prepare for. If you pursue legal action following your truck accident, you could recover damages that will replace your lost income.
In addition to the consequences of your physical injuries, you could recover compensation based on the damage to your personal property. This usually involves expenses related to repairing or replacing a damaged vehicle.
Pain and Suffering
Pain and suffering can also serve as the basis for your financial compensation. The pain you experienced with your injury would not have occurred without the negligence of the responsible party. You might be entitled to damages based on that pain and suffering.
Emotional scars can last long after your physical injuries have healed. Mental anguish describes the emotional difficulty of reliving a traumatic accident. Some people face mental anguish so severe that they are unable to share the road with large commercial trucks again. Compensation could be available for this mental anguish.
Diminished Future Earnings
For some people, the effects of a major injury can continue to haunt you even after that injury has healed. Permanent, partial disability can make it impossible to perform certain physical tasks—including some that are necessary for your job. If your injury limits the type of work you can do moving forward, it could impact your future earnings. That is why compensation for your diminished future earnings could be available.
Wrongful Death Damages
If your loved one passes away because of an 18-wheeler truck collision, your family may recover wrongful death damages. A wrongful death case could compensate you for your loved one’s final medical bills, their funeral, burial, or cremation expenses, as well as their pain and suffering.
What To Expect From an 18-Wheeler Truck Accident Lawyer at Domingo Garcia
Our attorneys take pride in going the extra mile for our clients. We understand that your case is important, and we are ready to work tirelessly to help you secure the outcome in your case that you deserve. Some of the tasks you can expect us to handle for you include:
Investigating Your Accident
Our firm understands how to thoroughly investigate a truck accident to determine who is at fault and what you are entitled to recover. This typically begins with a discussion with you about what you remember regarding the accident. The investigation will also involve a review of the police report, interviews with witnesses, and evaluation of any other evidence. At the end of the investigation, our attorneys could have enough information to develop a theory of negligence and identify potential defendants in your case.
Reviewing Federal Regulations
Truck accidents are different from collisions involving passenger vehicles. In addition to state laws related to safe driving, these trucks must also comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. These regulations cover everything from the vehicle’s weight to the number of breaks a truck driver takes in a day. We can use the violation of these regulations as evidence of negligence in your case.
Keeping You Informed
You deserve to know the status of your injury case. We will keep you updated on everything that happens in your case, and we will remain ready to answer your questions whenever you have them.
Advocating for You
One of the benefits of hiring an attorney to handle your truck accident case is that you will never have to deal with insurance companies on your own. Dealing directly with insurance companies is more than just a hassle. Insurance adjusters may use bad-faith tactics on injury victims who are handling their cases themselves. Our attorneys can serve as your advocate, ensuring that the other side treats you fairly.
Resolving Your Case
Our ultimate responsibility is to bring your injury case to a fair resolution. We can achieve this in one of two ways. Many times, we are able to negotiate a financial settlement with the trucking company or their insurer. In some cases, we may secure a monetary award following a trial. In either case, we are prepared to work tirelessly to help you get the result you deserve.
Our Experience Speaks for Itself
You deserve an attorney that understands how to achieve fair financial recovery in an 18-wheeler case. Our firm not only has the experience to resolve these cases, but we also have a record of success when it comes to truck accident injury cases. Some of the settlements we have recovered in accident cases include:
- $8.75 million for an 18-wheeler accident
- $3.3 million for a concrete truck accident
- $2.75 million for a pedestrian struck by an 18-wheeler
- $1 million for a fatal truck accident
Our previous success does not guarantee a favorable outcome in your case. However, it shows that we are not afraid to aggressively pursue compensation on behalf of the injured. Let our attorneys help you fight for your recovery in your truck accident injury case.
You Could Afford an Arlington Truck Accident Injury Attorney
For many people, finances are tight in the aftermath of a truck accident. Thankfully, our firm believes that you deserve legal representation no matter your financial circumstances. That is why our attorneys handle every truck accident case on a contingency-fee basis.
Having an attorney represent you on a contingency-fee basis can help you avoid upfront costs and fees. Instead of paying by the hour, you will never owe our firm any fees unless we successfully obtain a monetary award on your behalf.
With this approach to billing, our firm keeps a percentage of your settlement as our fee. This allows us to proceed with your case at no upfront cost to you. The percentage we take is set at the beginning of your case. This approach allows you to pursue a personal injury case without facing any risk of having nothing to show for your efforts but legal fees.
Who Is Responsible for Causing Your Arlington Truck Accident?
A key part of any personal injury case is getting to the bottom of who was at fault. When it comes to truck accidents, the responsible party is sometimes the operator of the commercial vehicle. There are also times when someone other than the truck driver is at fault. Multiple parties could even be responsible for a truck crash. In that situation, our Arlington 18-wheeler truck accident attorney could hold all of those parties responsible for the accident. Possible liable parties may include:
There are many situations where the truck driver is directly responsible for the accident. Some of the ways a truck driver could be responsible for a collision include violating traffic laws, like speeding or failing to yield. Truck drivers could also be at fault for an accident if they were operating their vehicle while intoxicated or fatigued.
The Truck Driver’s Employer
Truck drivers are often employed by trucking companies. When a driver is at fault for an accident, their employer might also be on the hook for your damages. This is possible if the driver was acting within the scope of their employment at the time of the crash. Essentially, the trucking company could also be liable for your damages if the driver was on the clock when they caused your accident.
There are other circumstances where the trucking company could be liable for an accident. These companies have an obligation to hire safe drivers and train them to operate large commercial vehicles. When they are negligent in hiring or training their drivers, they could face liability for any accidents the dangerous driver caused.
The makers of commercial trucks and their parts also have the potential to cause an accident. Dangerous or defective parts can cause truck drivers to lose control of their vehicle. From defective tires to headlights, the lack of properly working parts could lead to a crash that the manufacturer could be liable for.
Dangerous road conditions could also result in an 18-wheeler accident. Sometimes, these conditions are the result of faulty road design or maintenance. In these cases, the government entity responsible for overseeing that stretch of road could face liability for an accident. It is vital to speak with an attorney in these cases, as there are additional requirements that come with filing a lawsuit against a government entity.
Other Third Parties
Other parties not directly related to the truck driver or the accident itself could still be liable. For example, a mechanic that negligently repaired a truck could be liable if those repairs led to an accident. Likewise, a company could share liability if they overloaded the trailer, which increases the chances of an accident.
How Do Truck Accidents Happen?
It is helpful to understand the common factors among major truck accidents. While these accidents are all unique, many fatal truck collisions have numerous factors in common. The National Highway Transportation Safety Administration (NHTSA) categorizes many of these relevant factors as they relate to fatal truck accidents. In 2020:
- 71 percent of truck accident fatalities involved individuals in a different vehicle
- 76 percent of fatal truck accidents occurred on weekdays
- Drivers with past collisions were more likely to be in fatal accidents
- Only three percent of truck accidents involved intoxicated drivers
These are only some of the factors that contribute to commercial truck accidents. The good news is that our firm can carefully review all of the important facts in your case before assisting you in pursuing financial compensation for your injuries.
How Much Time Do You Have To File a Truck Accident Lawsuit?
Any time you consider filing a lawsuit following an 18-wheeler accident, you must keep the statute of limitations in mind. The statute of limitations is the legal deadline that applies to each civil lawsuit filed in Arlington.
Per Texas Civil Practice and Remedies Code § 16.003, the time limit that applies in these cases is generally two years. There are a few exceptions that could extend the time to file a legal action, like in cases where the injured party is below the age of 18. If there are any exceptions to your case, our Arlington 18-wheeler accident attorney will explain them to you.
Your case could face steep consequences if you violate the statute of limitations. The court is likely to dismiss your injury case, which could prevent you from recovering compensation. Our firm can make certain that you file your case on time to comply with the statute of limitations.
18-Wheeler Truck Accident Injuries Can Be Severe
No two truck accidents are exactly alike. Likewise, the injuries that occur in these accidents can vary tremendously. A truck accident could result in traumatic injuries to any part of the body depending on the circumstances. Some of the most common injuries include:
- Concussions and other traumatic brain injuries (TBI) resulting from the impact of the crash
- Internal bleeding, which can cause death if the victim does not receive emergency treatment, per MedlinePlus
- Spinal cord damage, which can cause numbness in the hands and feet, according to the National Institute of Neurological Disorders and Stroke
You should see a doctor following a truck accident to address your medical needs. You may also want to discuss your case with an attorney from our firm. The sooner you address these important issues, the sooner we can begin handling your case.
It Is Vital To Follow Your Treatment Plan From Your Doctor
No matter what injuries you suffered in a truck crash, it is crucial that you follow the treatment plan set out by your physician. Seeking medical treatment immediately after a truck accident is important, but it is also only part of the process. When your doctor evaluates your condition and provides you with a treatment plan, the failure to follow it could impact your life negatively in more than one way.
First and foremost, the failure to keep up with your treatment plan could adversely impact your health. Your doctor designed your care plan to help you reach your maximum level of recovery as soon as possible. Putting off that treatment could slow your recovery or even prevent you from ever returning to your prior condition.
Failing to adhere to your treatment plan could also have serious consequences for your personal injury case. You have an obligation to mitigate your losses, which means taking steps to prevent your damages from increasing needlessly. If your condition worsens because you fail to comply with your doctor’s orders, it could reduce the value of your personal injury case.
Discussing Your Case With Others Is a Mistake
It is not in your best interest to discuss the details of your truck accident with anyone other than your lawyer. This is especially true in the moments following the collision when you are at the scene of the crash with the other driver. You should exchange insurance information and driver’s license details, but you do not have to discuss the facts of the case with the truck driver, their employers, or their insurance company.
Avoiding any discussion of your case is important because anything you say could jeopardize your financial recovery. For example, if you apologize for the accident, the insurer can use that to claim you admitted fault. You can avoid misunderstandings that could sink your case by not talking about the facts at all.
It is a good idea to avoid mentioning your accident or your injuries on social media as well. Insurance companies may scour social media for evidence that an accident victim is not as injured as they suggest. The other side’s insurer can use anything you post against you.
Common Types of 18-Wheeler Truck Accidents
The type of truck accident has a direct impact on the nature and severity of the injuries that occur. Some common types of truck accidents include:
A jackknife accident occurs when an 18-wheeler begins sliding sideways. When the cab goes in one direction and the trailer goes in another, a truck can fold in on itself in the shape of a jackknife. This can lead to the truck sliding out of control and striking other vehicles in its path.
Head-on collisions are an incredibly dangerous type of truck accident. These accidents occur when the front end of a commercial truck strikes another vehicle head-on. Head-on collisions frequently occur when drivers are traveling in opposite directions, and one or both motorists cross over the centerline of the road.
Underride accidents are unique to 18-wheelers, as they occur when a smaller vehicle becomes stuck underneath the trailer of the truck.
Wide Turn Accidents
Many truck accidents occur due to the wide turn radius these vehicles require. Trucks need a lot of room to turn, and drivers that fail to carefully complete these turns could cause a collision. These accidents can occur in intersections or cross-streets, among other places.
Spilled Cargo Accidents
Not all truck accidents involve a collision with the truck itself. Some truck accidents involve a motorist colliding with cargo that spilled from the back of a truck. Drivers could lose control of their vehicle attempting to avoid colliding with spilled cargo on the road.
Reach Out Today To Learn More About Our Arlington 18-Wheeler Truck Accident Attorney
Truck accidents can be traumatic events that alter the course of your life moving forward. If you suffered injuries in a collision with an 18-wheeler, now is the right time to consider your legal options. A personal injury case could result in the financial compensation you need to move on with your life.
Let Domingo Garcia help you fight for a fair outcome in your injury case. Our attorney can help you secure the financial recovery you need. We can explain more about working with our Arlington 18-wheeler truck accident lawyer when you call us today for a free consultation.