How Our Truck Accident Lawyers in Dallas Can Help
Injuries in truck accidents are often severe or catastrophic. You should not be worried about collecting compensation from the defendant’s insurance company to pay your medical expenses. You need to concentrate on your recovery.
Despite what the insurance adjusters want you to believe, they do not have your best interests in mind. The claim adjuster’s loyalty is to the insurance company and its policyholders.
To achieve better results, they will try to place maximum liability onto you, no matter what the reality of the accident is.
When you hire our Dallas trucking accident attorneys, we will protect your rights tirelessly. We will start by opening an independent investigation to gather and preserve all evidence.
Our top priority is to build a robust case that will help you maximize your potential compensation. Insurance adjusters for the trucking company or driver want you to believe hiring an attorney early in the claims process is unwise.
That is because the adjuster hopes they can resolve your case earlier for less than it is worth.
The sooner you hire us, the sooner we can protect your rights. It is easier to preserve evidence shortly after an accident as opposed to a year later.
For example, we can take a statement right after the accident from witnesses. Otherwise, there is a chance the witness might not remember everything clearly.
You will not need to speak with the other driver’s insurance company or attorney when Armstrong, Lee & Baker LLP represents you. We will handle all communication and potential settlement negotiations on your behalf.
Common Causes of Dallas Large Truck Accidents
Most truck accidents in Dallas result from negligence. Some of the most common causes we see in commercial truck accidents include:
- Distracted driving due to texting, checking a logbook, eating, looking at the GPS, making a phone call, or changing the radio station;
- Speeding and other traffic violations trying to reach the drop-off destination;
- Fatigued drivers who have exceeded the allotted hours;
- Inexperienced drivers;
- Driving under the influence of alcohol or drugs, including over-the-counter and prescription medication;
- Overloaded or improperly loaded trucks; and
- Failure to conduct proper maintenance or inspections.
It is common to have accidents involving multiple negligent acts. For example, fatigued truck drivers might be speeding to make a delivery and fall asleep.
Other accidents involve defective truck parts. Two of the most common defects affect tires and brakes. In these cases, the trucking company or an auto manufacturer might be on the hook for some of your damages.
Some trucking companies push drivers to violate federal laws on the maximum number of hours they can work. These employers prioritize profit over people’s lives.
They should be held accountable, especially if they push drivers to violate federal regulations on how many hours they can drive.
Proving Liability in a Truck Accident Claim
No matter whether you are pursuing a claim for negligence or one related to a defective part, proving liability is crucial. You will not receive compensation unless you prove the defendant owes you money.
There are four main elements of negligence that you must successfully prove:
- The defendants owed you a legal duty of care;
- The defendants breached their duty of care;
- This breach resulted in your injuries; and
- You suffered verifiable damages, such as medical expenses.
Texas follows the modified comparative theory of negligence. That means you can still receive some compensation even if you are partially at fault. However, your responsibility cannot exceed 50%, or the law bars you from recovering anything.
Potential Compensation in a Dallas Truck Accident Claim
When you represent yourself, you might be risking valuable compensation. Insurance companies know that you do not have the expertise or legal knowledge to evaluate your case value accurately.
Adjusters use that to their advantage and typically extend lowball offers, hoping that you will accept. Our truck accident lawyers in Dallas can help you fight for the maximum compensation you deserve.
Some of the most common types of recoverable compensation in a Dallas truck accident claim include the following:
- Current medical expenses;
- Future expected medical costs;
- Loss of earnings;
- Future loss of earning capacity;
- Property damage;
- Disability and disfigurement;
- Loss of consortium;
- Physical pain and suffering, and
- Emotional anguish.
When you meet with an attorney from our office, they will explain how to calculate what your case is worth.
Statute of Limitations for Truck Accidents in Dallas
As with other personal injury claims, you must adhere to all legal deadlines or risk losing out on valuable compensation. One of the most critical deadlines in a truck accident claim is the statute of limitations.
In most scenarios, you have only two years to file a lawsuit following a truck accident in Dallas. While some circumstances can change the filing deadline, do not risk the court dismissing your lawsuit.
Hire our Dallas trucking accident lawyers to ensure your case is filed within the deadline.
Contact the Dallas Truck Accident Lawyers at Armstrong, Lee & Baker LLP
When you want to hire a truck accident attorney in Dallas, look no further than Armstrong, Lee & Baker LLP. We have years of experience successfully resolving injury accident claims for our clients.
Our lawyers have the expertise and resources to take your case to trial if the defendants refuse to settle for a fair amount.
We pride ourselves on providing the personalized, professional, and compassionate legal representation you need following an accident. We offer free, no-obligation consultations too.
You have nothing to lose by coming in and chatting with us about your case. Contact us today and learn how we can assist you in your time of need following a truck accident in Dallas.
Frequently Asked Questions
Absolutely nothing. At Armstrong Lee & Baker LLP, our attorneys work on a contingency fee basis. This means that you owe us nothing unless we win your case, whether that’s in the form of a settlement or a judgment. We offer a free consultation to anyone who thinks they might have a personal injury case.
We suggest speaking with an attorney as soon as possible after your injury. Something to keep in mind is that all personal injury cases need evidence, and that evidence often degrades over time. As a result, many jurisdictions have a strict statute of limitations (or time limit) for filing a claim. In Texas, most victims have only two years from the date of injury to file, so it is important to start building your case immediately.
In the state of Texas, employers have the option of filing for workers’ compensation insurance. This policy covers them in case an employee suffers an injury on the job. However, some employers choose to be non-subscribers, which means they opt out of this coverage and lose certain legal protections. This means that if an injured employee sues them after a work injury, they may end up paying more damages. In addition, they may be liable for pain and suffering, punitive damages, and medical benefits. Learn more about non-subscriber injuries here.
The Texas Department of Insurance (TDI) keeps track of employers that report their non-subscriber status. Currently, you can find a spreadsheet of every reported non-subscriber business in Texas under TDI’s workers’ compensation insurance coverage verification page. This includes the business address, business name, and filing dates. Learn more here.
There are a few different ways to manage your bills while waiting for your case to settle. For medical treatment, it is common to arrange a lien with the doctor’s office or hospital. A medical lien is essentially an agreement to pay back your treatment costs with a portion of your potential settlement. Another option for miscellaneous bills, such as rent, utilities, or other essential expenses, is lawsuit funding. Much like a lien, you pay these loans back with a portion of your settlement or judgment. However, these loans have high interest rates and fees, so be sure to discuss this option with your attorney.
