Texas 18-Wheeler Big Rig Truck Accidents
Truck accidents can have catastrophic consequences, leading to severe injuries, property damage, and loss of life. The cities of Irving and Arlington, situated in the heart of Texas, are no strangers to the impact of truck accidents on their roads and highways. These bustling urban centers witness a significant volume of commercial truck traffic, increasing the likelihood of accidents involving these massive vehicles. As such, it becomes essential for victims to understand their rights and the compensation available to them when they experience the unfortunate event of a truck accident.
Truck accidents are a concerning safety issue across the United States, and Texas is no exception. According to data from the Texas Department of Transportation (TxDOT) and the National Highway Traffic Safety Administration (NHTSA) , the statistics related to truck accidents in the Irving and Arlington areas paint a sobering picture:
- High Number of Accidents: In the last available annual report, Texas recorded over 34,000 commercial motor vehicle crashes, including large trucks, in a single year.
- Fatalities and Injuries: The same report revealed that these truck accidents led to a staggering number of fatalities and injuries, with hundreds of lives lost and thousands suffering from various degrees of harm.
- Intersection Hotspots: Irving and Arlington being urban centers, witness a higher concentration of intersections, which often become hotspots for truck accidents due to increased traffic and complex road layouts.
If you or a loved one have been involved in a truck accident in Irving, Arlington, or McAllen The Dashner Law Firm can be a strong advocate for your rights and help you navigate the complexities of truck accident compensation. With their expertise and dedication, they strive to obtain the best possible outcome for their clients and provide the support and guidance needed during this challenging time. Our experienced truck accident lawyers at The Dashner Law Firm are some of the best in the nation and can help you recover the compensation you deserve.
Do You Qualify for Truck Accident Compensation?
Truck accidents can be the result of various factors, and they often involve a combination of elements that contribute to the occurrence of these serious collisions. Some of the common factors that can lead to truck accidents include:
- Driver Fatigue
- Distracted Driving
- Speeding
- Poor Maintenance
Due to the size and weight disparity between trucks and other vehicles, accidents involving commercial trucks can be particularly catastrophic. Identifying the contributing factors in a truck accident is essential to determining liability and seeking fair compensation for victims who suffer injuries and damages as a result of these collisions. By understanding these factors, efforts can be made to address and mitigate the risks associated with truck accidents on our roads.
Truck accidents can have devastating consequences, but with The Dashner Law Firm on your side, you can have confidence that your case will be handled diligently and with a focus on achieving the best possible outcome.
Damages You Could Recover in a Truck Accident Claim
If you’ve been involved in a truck accident in Arlington or Irving and it was caused by the negligence or wrongdoing of another party, you may be eligible to pursue a truck accident claim to seek compensation for the damages you have suffered. The damages you could potentially recover in a truck accident claim can be broadly categorized into two main types:
- Economic Damages
Economic damages are tangible losses that have a clear monetary value. These damages aim to compensate you for the financial hardships you have endured due to the accident. They may include:
- Medical Expenses: Compensation for past, present, and future medical bills related to injuries sustained in the accident. This may include hospitalization, surgery, prescription medications, rehabilitation, physical therapy, and ongoing medical treatment.
- Lost Wages: Reimbursement for the income you lost due to your inability to work during your recovery period. Additionally, if the accident caused a permanent disability or diminished earning capacity, compensation for future lost wages may also be sought.
- Property Damage: Reimbursement for the repair or replacement of your damaged vehicle or other personal property.
- Home Modifications: If your injuries require modifications to your home to accommodate your condition, such as installing ramps or handrails, these costs may also be covered.
- Non-Economic Damages
Non-economic damages are intangible losses that don’t have a precise monetary value but compensate you for the emotional and subjective impact of the accident. These damages may include:
- Pain and Suffering: Compensation for physical pain, emotional distress, anxiety, and other psychological effects resulting from the accident and your injuries.
- Loss of Enjoyment of Life: If your injuries have significantly affected your ability to participate in activities you once enjoyed, you may be entitled to compensation for the loss of your quality of life.
- Loss of Consortium: If the accident has negatively impacted your relationship with your spouse, you may seek damages for the loss of companionship and support.
- Emotional Distress: Compensation for the psychological trauma and emotional anguish you experienced as a result of the accident.
It’s important to note that Texas has a modified comparative fault system, which means that if you are found partially responsible for the accident, your compensation may be reduced in proportion to your degree of fault. If your share of fault is determined to be 51% or more, you may be barred from recovering any compensation.
To ensure you receive fair and comprehensive compensation for your truck accident claim, it’s crucial to consult with an experienced truck accident attorney in Texas. They will evaluate the specific details of your case, calculate the damages you are eligible to claim, and advocate on your behalf to seek the compensation you deserve.
How The Dashner Law Firm Can Help
The Dashner Law Firm can be a valuable ally if you’ve been involved in a truck accident in Arlington or Irving. With our expertise and dedication, we are committed to helping accident victims seek the compensation they deserve and navigate the complexities of the legal process effectively. Here’s how the Dashner Law Firm can help:
Proving Liability
The Dashner Law Firm has a proven track record of effectively proving liability in truck accident cases in Texas. They employ a comprehensive approach and utilize their experience, resources, and expertise to build strong cases against the negligent parties. Here’s how The Dashner Law Firm establishes liability in truck accident claims:
- Thorough Investigation
- Accident Reconstruction
- Gathering Documentation
- Compliance with Trucking Regulations
- Expert Testimony
- Identifying All Liable Parties
- Preservation of Evidence
- Compliance with Statutes of Limitations
By employing a rigorous and strategic approach, The Dashner Law Firm establishes liability in truck accident cases, enabling them to build compelling claims that seek maximum compensation for their clients.
Determining Damages
One of the critical tasks of The Dashner Law Firm in a truck accident case is determining the full extent of damages suffered by their clients. Their experienced attorneys and team of professionals assess both economic and non-economic damages to ensure that no aspect of the victim’s losses is overlooked.
Economic Damages: The firm meticulously evaluates economic damages, which include quantifiable financial losses incurred due to the accident. This includes medical expenses, hospital bills, rehabilitation costs, lost wages, and any other expenses related to the victim’s recovery and future medical needs. The goal is to ensure that all past, current, and future expenses are considered when calculating compensation.
Non-Economic Damages: Non-economic damages are more subjective but equally important in a truck accident claim. The Dashner Law Firm carefully evaluates the impact of pain and suffering, emotional distress, loss of enjoyment of life, and any other intangible losses the victim has experienced due to the accident.
Expert Negotiation
With their extensive experience in personal injury law and dealing with insurance companies, The Dashner Law Firm excels in the art of negotiation. They know how to counter the tactics often used by insurance adjusters to undervalue claims and will tirelessly advocate for their clients’ rights and interests.
Thorough Preparation: Before engaging in negotiations, the firm thoroughly prepares for the process. They compile all the evidence, documents, and expert opinions necessary to present a strong case to the insurance company.
Evidence-Based Arguments: Armed with well-documented evidence and expert analysis, The Dashner Law Firm presents a compelling argument that demonstrates the liability of the negligent party and the extent of the victim’s damages.
Calculating Compensation
Calculating compensation in a truck accident case involves complex assessments that require legal knowledge, financial expertise, and an understanding of the victim’s unique circumstances. The Dashner Law Firm employs a strategic approach to calculate the compensation their clients deserve.
Accurate Valuation: The firm uses a combination of evidence, expert testimony, and financial calculations to accurately value the full scope of damages, including both current and future losses.
Long-Term Impact: They consider the long-term impact of the injuries, ensuring that their clients are not only compensated for immediate medical expenses but also for ongoing medical care, lost earning capacity, and any other costs that may arise in the future.
Fighting for Justice
At the core of The Dashner Law Firm’s mission is their unwavering commitment to seeking justice for their clients. They are dedicated to protecting the rights of truck accident victims and holding negligent parties accountable for their actions.
Tireless Advocacy: The firm’s legal team is relentless in pursuing the best possible outcome for their clients. They leave no stone unturned in building a strong case and advocating for the fair and just compensation their clients deserve.
Trial Experience: While many cases are resolved through negotiations, The Dashner Law Firm is fully prepared to take a case to trial if necessary. Their experienced trial attorneys have a proven track record of success in the courtroom and will not hesitate to fight for their client’s rights before a judge and jury.
We Are On Your Side
If you’ve been injured in a truck accident, remember that you don’t have to face this challenging situation alone. The Dashner Law Firm is here to be your advocate, guide, and ally throughout the legal process. We are on your side, and we will fight tirelessly to protect your rights and help you get the justice and compensation you deserve.
Truck Accident FAQs
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.
CONTACT DASHNER LAW FIRM
If you have been injured in an accident, then the Dashner Law Firm can help you. Call our personal injury lawyers today at 972-793-8989 to speak with an attorney about your situation. The consultation is free and, if you cannot come to us because of your injuries, we’ll come to you.
PERSONAL ATTENTION
Mr. Dashner gives his personal attention to his clients. He’s one of the only attorneys who give you his direct line and is available to answer your questions and ensure you are taken care of. You can expect frequent updates, personal attention, and a solid ally when you work with Mr. Dashner. You’ll never pay money out-of-pocket for Mr. Dashner’s services. He does not collect until you do.