CALL (800) 863-5312 TO SPEAK WITH LUBBOCK TRUCK ACCIDENT LAWYERS FOR FREE
Automobile accidents can be costly and cause serious injuries, but when they involve large trucks or 18-wheelers, it can be much worse. Passenger vehicles are at an extreme size and weight disadvantage when involved in collisions with large trucks, and this can translate into serious or even fatal injuries for passengers involved.
If you have been involved in a truck accident, you should consult the Lubbock truck accident attorneys from Zinda Law Group at (800) 863-5312 for a free consultation. If we are not able to win your case, you will not owe us anything.
LUBBOCK TRUCK ACCIDENT STATISTICS
The Lubbock metro area has significant truck traffic, especially on larger roadways such as TX 62, TX 84, TX 82, TX 87, and US 27. According to the National Highway Traffic Safety Administration, in Lubbock County, there were 3 fatalities involving large trucks and 8 fatalities involving light trucks in 2018, down from 4 and 11 fatalities, respectively, in 2017.
COMMON CAUSES OF TRUCK ACCIDENTS
Truck drivers are often under pressure to ensure their cargo reaches its destination as soon as possible, and sometimes this may result in drivers driving longer than they should, becoming tired or drowsy. When truck drivers fail to get the proper amount of rest, they may become unable to pay proper attention to the road and cause an accident.
Every driver has a responsibility to pay attention to the road and be aware of other drivers. Given the danger large trucks pose to other vehicles, truck drivers must be vigilant in being aware of their surroundings to avoid possible evidence. Truck drivers using mobile devices, eating, or who are otherwise distracted may not be able to pay proper attention to the road.
Truck drivers who exceed speed limits, weave in and out of lanes, and pass in dangerous situations are likely to cause an accident. Driving too fast in work zones and poor weather, such as rain or fog also puts other drivers at risk.
Driving Under the Influence
Driving under the influence of drugs or alcohol is dangerous for any driver, and truck drivers are no exception. Drivers under the influence of drugs or alcohol have impaired judgment and decreased reaction times and may drive erratically.
WHAT TO DO AFTER A TRUCK ACCIDENT
1. Seek Medical Attention
The first thing you should do immediately after being involved in an accident is to seek medical attention. You should still seek medical attention even if you do not appear to be injured, as many injuries are not immediately apparent. Serious injuries, such as internal bleeding, may occur without presenting any immediate symptoms.
2. Report the Accident
If you are involved in an accident, you should report the accident to the local authorities. Once reported, the local authorities may arrive to render assistance, help with traffic control, and fill out an accident report. The accident report may document details of who was involved in the accident, the nature of the accident, and other pertinent information.
3. Collect Evidence
It is important to collect as much evidence as possible immediately after an accident occurs. You should also take photos of vehicle damage, the area surrounding the accident, and any injuries you may have sustained. If there were any witnesses to the accident, you should collect their contact information as well, as your Lubbock truck accident lawyer may collect statements from these witnesses to support your claim.
4. Consult A Trucking Accident Attorney
If you have been injured in a trucking accident, you should consult a Lubbock truck accident lawyer as soon as possible. You should consult an attorney immediately after an accident so they may be able to start investigating your case and collecting evidence while it is still available. As time passes, evidence degrades or disappears, witnesses may forget, and you may miss important deadlines for filing a claim. An experienced Lubbock lawyer may be able to help you reach a truck accident settlement or file a lawsuit.
WHO MAY BE LIABLE IN A TRUCK ACCIDENT?
The driver of the truck may be liable if their negligent behavior caused the accident. Driving while distracted, driving while under the influence of alcohol or drugs, driving while fatigued, or driving recklessly are examples of such negligent behavior by truck drivers.
The trucking company may also be liable. In Texas, employers are generally liable for injuries caused by their employees during the scope of their employment. If the trucking company enforces a schedule that fails to allow for adequate rest for its drivers, fails to properly maintain its trucks, improperly loads the truck, or fails to make sure only qualified drivers are employed, it may be liable for your injuries.
If the accident was caused by a failure to properly maintain roadways, the government entity responsible for the upkeep of that roadway may also be liable.
To prove liability in a personal injury case, four elements must generally be proven: duty of care, breach of duty, damages, and causation.
Duty of Care
The first element of a personal injury claim that must be proven is the duty of care. The at-fault party must have owed a duty of care towards the victim, meaning that the at-fault party was required to take certain precautions to prevent an accident. Generally, truck drivers owe a duty to others on the road to avoid causing an accident.
Breach of Duty
Your Lubbock truck accident lawyer will then need to prove that the at-fault party breached this duty of care. This means that the at-fault party failed to take certain precautions to prevent an accident from occurring or took certain actions that breached the duty of care, such as swerving into another lane or running a red light.
Once a breach of duty has been shown, it must be then proven that the victim has suffered damages, such as physical injuries, emotional trauma, and property damage. In claims involving wrongful death, the victim’s death usually satisfies this damages requirement.
Finally, if duty of care, breach of duty, and damages can be proven, you will generally have to prove that the negligent actions of the at-fault party caused the injury to the victim. This typically means that if not for the negligent action, the victim would not have suffered these damages.
HOW TO FILE A TRUCK ACCIDENT CLAIM
1. Consult an Attorney
If you have been involved in a trucking accident, you should consult with a Lubbock semi-truck accident lawyer as soon as possible. A Lubbock 18-wheeler accident lawyer may help you determine if negligence played a role in your accident, identify who is liable, and pursue a settlement. Insurers have teams of lawyers who only work to ensure their clients pay out as little as possible, but an attorney may be able to help you even the playing field when seeking a truck accident settlement.
Your attorney may begin helping you pursue your claim by investigating the accident. This may involve interviewing eyewitnesses, examining the scene of the accident, collecting accident reports, and examining medical records and bills. This investigation may help your attorney build a strong position from which to negotiate a settlement.
Once your attorney has concluded the investigation, they may begin negotiating a settlement with the insurer. Your attorney may present any available evidence indicating the other party’s liability for the accident as well as evidence substantiating the extent of your injuries. The insurer may present a counteroffer. This negotiation may go on with both sides adjusting their claims and offers until a settlement can be reached.
If you, your attorney, and the insurer can reach an agreement on a settlement, any compensation agreed to may be disbursed to you by your attorney. If you cannot reach a settlement agreement, the case may go to trial. Your attorney may represent you at trial to prove your negligence claim against the driver or other party.
HOW MUCH COMPENSATION MAY I BE ENTITLED TO?
Compensation for damages in trucking accidents may include compensation for economic and non-economic damages. Compensation amounts vary with every case, as the amount of compensation awarded depends on numerous details that are unique to each case.
Compensation for medical expenses may include costs of emergency room visits, hospital stays, seeing a specialist, therapy, treatment, and medication. If an injury caused by the accident requires ongoing treatment, compensation for future medical expenses may also be available.
You may be entitled to compensation for your damaged vehicle as well. This compensation will usually cover the cost to repair the vehicle, and if repair is not possible or not feasible, you may be entitled to the value of the vehicle as determined by the fair market value for such a vehicle.
Loss of income
If you were unable to work due to injuries you sustained as a result of the accident, you may be able to seek compensation for the time you were unable to work.
Loss of earning potential
If you are no longer capable of performing your job duties due to injuries you sustained as a result of the accident, you may be entitled to compensation for lost potential income. This type of compensation is calculated by considering several variables, including the type of work, current salary at the time of the accident, general health before the accident, as well as other various factors.
Pain and suffering
Pain and suffering damages may be awarded to compensate for the physical and mental anguish you may have suffered due to your injuries caused by the accident. Pain and suffering compensation may vary depending on the specific facts of your case. The severity of the injuries caused by the accident and their impact on your quality of life, along with other factors may be considered in calculating pain and suffering damages.
If you have lost a loved one in an accident caused by someone else’s negligence, you may be able to seek compensation for their wrongful death depending on certain factors, such as your relationship to the victim.
TEXAS STATUTE OF LIMITATIONS
The statute of limitations in Texas for personal injury cases is two years from the date of the accident. This means that from the date of your truck accident, you have two years to file a claim. After this period has passed, you may no longer be able to file a claim to seek compensation for damages.
CONTACT ZINDA LAW GROUP FOR A CASE EVALUATION
At Zinda Law Group, our Lubbock attorneys are here to assist you with your claim. We help our clients pursue the maximum compensation they may be entitled to as a victim of a trucking accident.
Call (800) 863-5312 today for a free consultation with one of our personal injury attorneys. You will not pay anything unless we can win your Lubbock truck wreck case. That’s our No Win, No Fee Guarantee.
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