Truck Accident Lawyer in Dallas Tx
Truck accidents can be traumatic events that change lives. As a survivor, you may experience severe injuries that cause long-lasting health problems, limit your ability to work, and keep you from enjoying life. On top of everything else, you could face a growing stack of medical bills. A
If someone else caused the collision, you might be eligible for several forms of compensation, including pain and suffering. Our team of Dallas truck accident lawyers is ready to investigate the crash and negotiate a fair settlement. We work on a contingency fee basis, so we only get paid when you win. Contact our Dallas truck accident attorneys for a free case evaluation.
Protecting Yourself After a Dallas Truck Accident
Unfortunately, truck crashes can have devastating consequences, both financially and physically. If you are involved in a collision, protect yourself and your family. In addition to seeking help from an attorney, there are other actions you can take to help your case, including the following:
- Get medical care: Seek immediate medical assistance even if you didn’t suffer severe injuries. Doing so will address your treatment needs and create a medical record connecting the crash with your condition.
- Offer brief statements: Avoid providing involved parties with more information than necessary. Any statement you make about the collision may be used against you. Cooperate with law enforcement officers and first responders, but keep your responses brief and truthful, avoiding speculations.
- Stay away from social media: Don’t post anything about the event or your injuries on social media, and do not agree to have your statements recorded.
- Document the scene: Photograph or record a video of the incident scene, or have someone else do it. This evidence should show damages to vehicles and your injuries. Also, document the surrounding environment, including traffic lights, signs, and roadway hazards.
If you were involved in a truck crash, try remaining calm and following the appropriate steps to ensure your safety. Furthermore, your actions after the collision can help protect your right to recover financial compensation for your losses. This is why it is important to contact a Dallas truck accident lawyer as soon as you can.
What Our Dallas Truck Accident Attorneys Offer
Our legal professionals understand that collisions involving massive commercial vehicles can result in catastrophic tragedy and loss. Therefore, we want to help you recover the money you need to pay for your injuries or your loved one’s death.
Our legal team handles the larger Dallas and Houston metro area truck accident cases including:
Our Dallas truck accident attorneys will do everything possible to make your circumstances better, including the following:
Our Dallas Truck Accident Lawyers Will Handle Your Case From Start to Finish
Our job as Dallas personal injury attorneys is to possess knowledge of civil law and navigate that law within the confines of the legal system. Also, we must ensure that you understand your rights and options. Additionally, we must identify and use the appropriate legal strategies to help you win your case.
We will also inform you of recent developments and provide options and recommendations for proceeding. Additionally, when you come to us with concerns, we will address those matters. From the initial investigation through the conclusion of your case, we will constantly work to achieve the best outcome for you.
Our Truck Accident Attorneys in Dallas Will Document and Collect Evidence
We typically gather the following vital evidence to determine who you should hold responsible for your truck accident:
- Your medical records and bills
- Mechanics’ bill showing property damage to your vehicle (or total loss)
- The accident report or traffic citations issued at the scene
- Surveillance video from nearby homes or businesses that caught the incident on camera
- Driver logs maintained by the driver and the trucking company
- Maintenance and repair records
- Expert opinions from medical specialists and accident reconstructionists
- Statements from anyone else with personal knowledge of the crash
When the investigation is complete, you and your attorney should know who you will seek compensation from and how much you expect to receive.
A Dallas Truck Accident Attorney Will Negotiate a Settlement and Represent You in Court
Once we know who was at fault, we will confront their insurance company about paying for your damages. Your attorney will provide evidence of their liability and argue that it is in their best interest to compensate you fully.
They will likely not agree to the initial offers. Instead, they usually respond with a counteroffer for less than what you asked. From now on, your attorney will haggle with the insurance carrier and opposing legal team to secure a fair settlement. During negotiations, your Dallas truck accident lawyer will refute arguments made by the other party intended to undermine your claim.
For example, they may try to blame you or another party for the crash or allege your injuries are not as severe as you claim. If necessary, we will take your truck accident lawsuit to trial, and your attorney will present your case. Then, the court will decide whether you are entitled to compensation and, if so, how much.
Truck Accident Compensation Settlements We Have Negotiated with Insurance Companies
At our law firm, we understand how difficult it is to deal with a truck accident. We have successfully represented numerous clients pursuing justice and obtained fair settlements.
Our knowledge of trucking laws and regulations will help you receive the financial compensation you deserve while working toward a successful outcome that meets your needs. Our attorneys have a history of successful truck accident settlements, including:
- $8.5 million settlement after a drowsy truck driver veered onto the shoulder, hitting a disabled vehicle.
- $5 million recovery for a fatal crash caused by an overworked commercial truck driver.
- $9 million settlement after a commercial vehicle accident resulted in a devastating traumatic brain injury.
- $1 million for a wrongful death award after a fatal crash.
Visit our settlements page to read more of our case results.
Important State and Federal Trucking Laws
The Federal Motor Carrier Safety Administration (FMCSA) has enacted regulations that interstate commercial motor vehicle drivers must comply with, including the number of hours they can drive daily or weekly. They must also track and log these hours carefully.
Intrastate truckers must adhere to federal and state guidelines outlined by the Texas Department of Public Safety (TxDPS). These regulations specify load and weight restrictions, driver licensing, required equipment, and more.
If you and your attorney prove that the truck driver or other at-fault party in your collision violated state or federal regulations, this strongly supports a negligence claim. In addition, if a police officer issues a citation or arrests the truck driver at the scene, this further points to their liability.
Identifying the Responsible Parties in a Dallas Truck Accident
Unlike most personal vehicle operators, truck drivers don’t always own or maintain the truck or oversee its cargo. Therefore the driver may not necessarily be at fault. However, your Dallas truck accident lawyer will thoroughly investigate the crash to determine who was negligent.
Parties who may be liable for your truck accident include:
The Truck Driver
The driver is in direct control of the truck before a crash. However, there are several ways driver error can cause a collision. Most careless driving behaviors are recognized as illegal traffic violations:
- Speeding or driving too fast for the conditions
- Failing to yield or signal
- Distracted driving
- Drunk or impaired driving
- Fatigued driving
- Cutting off other motorists
- Making improper turns
- Driving an overloaded truck
Liability is based on the circumstances of your Dallas truck crash. For example, if the driver was on the clock during an 18-wheeler accident, the trucking company could be held legally responsible for your injuries and financial losses.
The Trucking Company
Trucking companies shoulder a lot of responsibility in their everyday operations. Their duties include:
- Vetting new drivers to ensure they have a safe driving record.
- Ensuring drivers are adequately trained and licensed for commercial trucking.
- Ensuring all vehicles meet government-mandated safety standards.
- Providing government inspectors with open access to their trucks.
- Enforcing hours of service rules to prevent truck driver fatigue.
- Maintaining their trucks properly.
- Ensuring the cargo is loaded safely and distributed evenly.
If the trucking company fails in one or more of these areas, it may be liable for damages. Work with an experienced attorney who can thoroughly investigate the incident and determine who is at fault.
The Cargo Loading Company
Trucking companies may load cargo or outsource this task to a third-party company. However, improperly loaded cargo can be dangerous and cause accidents regardless of who loads it. This danger is magnified when hauling hazardous materials like oil, gas, or chemicals.
The cargo’s weight must be evenly distributed. Too much weight on one side or in the upper portion of the trailer makes it unbalanced. In addition, unsecured cargo could slide around, causing the weight to shift to one side. Both of these poor loading practices increase the risk of rollovers.
Also, if a truck is too full, it can be hard or impossible to stop when going downhill, leading to runaway trucks. Whoever loads the cargo must be mindful of its planned shipping route.
The Maintenance Company
As with cargo, trucking companies sometimes outsource the maintenance of their trucks. In these cases, the trucking company relies on the maintenance provider’s expertise to know whether the trucks are safe.
For example, a negligent mechanic might overlook burned-out brake pads. This mistake could cause the truck to run a stop sign and collide with another vehicle.
The Truck’s Manufacturer
Semi-trucks are complicated machines with many components. An experienced Dallas truck accident lawyer will investigate all aspects of the truck’s design, parts, and assembly to determine if a defect or quality control issue caused the crash.
Manufacturer quality control duties include:
- Regularly testing and certifying all components
- Issuing recalls when a product is found to be defective
- Taking customer complaints seriously
- Providing instruction manuals and warning documents with each part
Proving that a product was defective and caused a collision takes significant time and effort. However, if you believe a defective product is to blame, a Texas product defect lawyer on our team will help you.
Establishing Liability in a Dallas Semi-Collision Case
In a Dallas truck accident claim, you must demonstrate that the party responsible for the collision is liable for your losses. Liability in these cases is typically based on proof of negligence, a legal concept established through the following elements:
- Duty of care: The truck driver owes other motorists a duty to drive cautiously and follow traffic laws and trucking regulations. Therefore, they were required to exercise reasonable care to avoid harming you.
- Breach of duty: The commercial driver failed or “breached” their responsibility to you, as evidenced by traffic violations, acts of carelessness, or making a preventable error. Examples include speeding, failing to yield, or driving while intoxicated, distracted, or tired.
- Causation: The negligent party’s breach caused the crash, resulting in your injuries.
- Damages: You suffered quantifiable losses that warrant compensation in a settlement or lawsuit.
In the above scenario, the truck driver caused the collision. However, our Dallas truck accident lawyers could apply those same elements of negligence to another defendant, such as a mechanic or vehicle parts manufacturer.
Recoverable Damages in a Dallas 18-Wheeler Accident
As noted, 18-wheeler collisions can be catastrophic, and the costs of medical care and permanent disability may result in personal and financial losses. These losses are defined as damages by Texas Civil Practice and Remedies Code § 41.001 and include:
- Medical care and hospital bills
- Medical equipment for home care
- Long-term care for disability or permanent injuries
- Lost wages due to missing work during recovery
- Diminished earning capacity, or the inability to perform at the same level you once did
- Pain and suffering
- Mental anguish
- Loss of consortium
- Physical impairment
- Scarring and disfigurement
- Loss of enjoyment of life
Our 18-wheeler truck accident lawyers in Dallas will help you calculate losses based on bills, receipts, and potential future losses for further health care.
While putting a price on non-economic damages such as emotional distress is more challenging, a lawyer will help you estimate what these might be worth in a settlement or lawsuit.
Recovering Wrongful Death Damages
If a family member dies due to a truck wreck, one of our compassionate Dallas truck accident lawyers will help you seek wrongful death damages. These losses could include the following:
- Loss of the decedent’s benefits or inheritance
- Funeral and burial expenses
- The decedent’s outstanding medical bills
- Lost wages for taking off work due to the decedent’s injuries or death
- The decedent’s pain and suffering
- Loss of consortium or companionship
Our law firm has helped families of fatal accident victims get compensation for 35 years. We will also seek a financial award to help compensate for your losses.
Texas Statute of Limitations for Personal Injury Claims in a Dallas Truck Accident
You generally have two years from the crash date to file a personal injury lawsuit against the liable parties, per Texas Civil Practice and Remedies Code § 16.003. You also have two years to file a wrongful death lawsuit, starting from the date of your loved one’s death.
Missing a deadline can cause the court to refuse to hear your case. Therefore, we encourage you to consult an experienced truck accident attorney and take legal action promptly.
Common Types of Truck Crashes in Dallas
Several types of accidents occur on roadways, and understanding the different types of events helps identify the cause of the crash and determine the best course of legal action. We represent injured victims of truck accidents, including the following:
This common crash occurs when a truck collides with the rear end of another vehicle. Typically, a rear-end collision happens when a truck fails to see the leading vehicle slow down or stop. Most rear-end collisions cause only cosmetic damage, but they can be catastrophic when a semi-truck is involved.
Side-Impact or “T-Bone” Accidents
This kind of crash occurs when one vehicle hits the side of another. Unfortunately, T-bone collisions are especially dangerous to the person sitting on the impacted side. These accidents typically happen when a negligent driver runs an intersection’s red light or stop sign and hits a crossing vehicle.
Head-on collisions usually cause severe damage. They occur when two vehicles collide head-on while coming from opposite directions. Semi-trucks are both durable and massive. Therefore, any passenger vehicle hit head-on by a big rig will sustain terrible damage, even at low speeds.
Cargo can spill onto the road if the trailer doors come unlatched or the truck rolls over. In addition, many people may be injured if a semi-truck dumps flammable chemicals on the road that explode. However, even seemingly benign cargo could endanger other motorists when strewn across the road.
A jackknife collision happens when the back end of a semi truck’s trailer swings out and around toward the cab. These crashes sometimes happen when a truck brakes too hard or turns abruptly on a wet or icy road. Jackknifed trailers can collide with other vehicles or pedestrians and get hit by other cars and trucks.
Load shifts caused by unbalanced or loose cargo can cause truck rollovers during sharp turns. When a truck’s load is heavy enough to overturn its trailer, it can crush any vehicles caught under it. Like a jackknifed tractor-trailer, an overturned truck may be hit by other drivers.
Common Injuries From Dallas Truck Accidents
The force of a collision between a large truck and a smaller car can be devastating, often resulting in serious injuries. If a trucking accident left you catastrophically wounded, most of your financial losses will likely be related to your injuries. One of our Dallas truck accident lawyers can help you in this area.
Truck accidents can lead to catastrophic injuries due to these commercial vehicles’ sheer size and weight. In addition, the cargo can also contribute to the severity of injuries. For example, if a truck carries hazardous materials, a crash could result in chemical burns or respiratory problems for those involved.
Serious physical injuries could include the following:
- Spinal cord injuries
- Partial or full paralysis
- Loss of limb or amputation
- Severe scarring and disfigurement
- Concussions and traumatic brain injuries (TBIs)
- Internal bleeding
- Organ damage
- Crushed or broken bones
- Muscle or nerve damage
- Severe cuts and lacerations
- Eye damage causing low vision or blindness
Traumatic injuries like these can result in long-lasting and permanent physical impairments, deformities, and complete loss of function in one or more body parts. They may also result in cognitive challenges, emotional distress, and a lifetime of grief.
The more severe and enduring the injury, the greater the compensation you can pursue and are likely to recover.
Truck accident survivors can be traumatized and experience mental exhaustion. For example, if you suffered catastrophic injuries or had to watch a loved one die, you could face long-term challenges associated with your psychological well-being.
For this reason, you may pursue financial compensation for the following:
- Emotional trauma
- A new or aggravated mental health condition
- Reduced quality of life
- Loss of independence
- Loss of consortium and companionship
Due to the subjective nature of mental or emotional injuries, they are more challenging to evaluate than physical ones. However, a compassionate truck accident attorney from our Dallas office will explain how we calculate these personal damages.
Why Choose Our Dallas Truck Accident Lawyers
After a crash, multiple legal issues need your attention at once. Our personal injury attorneys have decades of experience representing clients in similar situations. Our legal team will assist you in the following ways:
- Help you understand your legal rights and options during your initial consultation.
- Navigate the complexities of your 18-wheeler accident case.
- Hire experts and protect valuable evidence.
- Investigate the crash, gather evidence, and conduct research to support your claim.
- Negotiate with the commercial trucking and insurance company for a fair settlement.
- Keep you updated on your case’s progress and advise you at every step.
- Represent you in court if an appropriate settlement cannot be reached.
- Act quickly after a crash, as filing a claim requires strict time limits.
- Help you get the necessary medical treatment and arrange to pay medical bills.
- Protect you from insurance adjusters who want to settle for less than you deserve.
Our law firm is dedicated to aggressively advocating for clients and providing personalized legal services tailored to each individual’s unique needs. We have a history of success getting favorable results for our clients and know the law related to truck crashes in Texas.
Frequently Asked Questions Our Dallas Truck Accident Lawyers Hear
Truck accidents are often more complex than standard car crashes due to the time and money involved in this type of case. Commonly asked questions include suing trucking companies, getting an accident report, and time limits for taking legal action.
Having answers to these questions is key to understanding the legal landscape surrounding truck accident cases. Therefore, we aim to answer all your questions and offer the data you need to make informed decisions about your case.
Q: Can I Sue a Trucking Company in Texas?
A: Yes, you can sue a trucking company in Texas. Trucking companies are legally responsible for ensuring that their drivers operate vehicles safely and follow all state and federal regulations. If a trucking company or one of its employees causes an accident that results in injury or property damage, the injured party may have grounds to sue the company for damages.
Trucking accident cases can be complex and often involve multiple parties, including the driver, the trucking company, the truck manufacturer, and other potentially liable parties. Therefore, consult an experienced personal injury attorney who can help you navigate the legal process and pursue the compensation you deserve.
Q: How do I Get an Accident Report in Dallas?
A: Accident reports are only available to the parties involved in the accident, their insurance companies, and their attorneys. You can obtain an accident report by calling the number listed on the Dallas Police Department website. Alternatively, a member of our legal team will take care of this for you.
Q: How Long do You Have to Report an Accident in Texas?
A: If someone was injured in a motor vehicle accident, state law requires you or the officer to report the incident within ten days. If law enforcement does not come to the accident scene, you can contact them after the fact.
Q: Can I Afford a Lawyer for a Personal Injury Case?
A: Our personal injury lawyers accept cases on a contingency-fee-basis. This means your lawyer will not charge upfront for legal representation but will receive a percentage of your settlement or court award. This payment method keeps our services affordable for everyone.
Dallas Truck Accident Lawyers with Experience: Call for a Free Consultation Today
If you have been injured in a truck accident in Dallas, Texas, seek legal advice immediately. Domingo Garcia is committed to helping Dallas residents get the maximum compensation for their injuries and losses.
We have extensive experience handling personal injury and wrongful death claims for truck accident victims and their families. If someone else caused the crash, you shouldn’t have to pay for it. Contact our law office to learn how we could pursue fair compensation in your case.