Truck accidents can cause severe injuries and fatalities. You might be entitled to financial compensation if a truck driver or someone else’s negligence caused your truck accident injuries. Our testimonials show that a Dallas truck accident lawyer from Benton Accident & Injury Lawyers can help you recover and get compensation results.
Call us at (214) 777-7777 or contact us today to schedule a free consultation in Dallas.
When you hire our Dallas personal injury lawyers, we will investigate the crash, gather evidence to prove fault, and hold truck drivers or the trucking company accountable. We will work hard to get you the compensation you need to cover your losses for medical treatment, lost wages, and other expenses.
Why Hire a Dallas Truck Accident Lawyer from Benton Accident & Injury Lawyers?
We have recovered millions of dollars for accident victims since the opening of our truck accident law firm.
Our Dallas truck accident lawyers aim to win your case so you don’t have to pay expenses. You should not have to suffer the consequences of someone else’s actions. A truck accident lawyer from Benton Accident & Injury Lawyers understands how to fight against insurance companies and get fair compensation for your injuries and damages. We will fight hard to seek justice and hold the parties that caused your truck accident injuries liable for the suffering you were forced to endure.
What You Should Do After a Dallas Truck Accident
Your decisions after an accident could impact your case and determine whether you can pursue compensation from the at-fault party. Follow the steps below to protect your rights if you sustain injuries in a collision with a commercial truck:
- Report the accident to law enforcement. It is illegal to flee an accident scene if there’s an injury or fatality. Wait for an officer to arrive and investigate the crash. They will complete a crash report and inform you when it’s okay to leave.
- Ask the truck driver for their name, contact information, employer information, and insurance.
- Take photos of the scene and collect as much evidence as possible.
- Look around for witnesses who saw the crash. Write down their names and phone numbers. They could provide witness statements and confirm what happened.
- Seek immediate medical treatment. Don’t wait to go to a hospital or doctor, especially if your injury is severe. Insurance companies may look at not seeking medical treatment as evidence that you weren’t injured or it’s not serious enough to require medical attention.
- Maintain records of everything. Every time your doctor prescribes medication, you receive a medical bill, or the insurance company sends you a letter, keep a copy. Every document associated with your case is proof of what happened to you.
- Bring your vehicle to a repair shop for an estimate of the damage.
- Hire a Dallas truck accident attorney to represent you in your case.
How Benton Accident & Injury Lawyers Handles a Truck Accident Investigation
Investigating a truck accident can be tricky. Many factors are at play, and various parties could be held liable. We know how to thoroughly investigate these kinds of cases to prove someone else was responsible for the crash, and you should receive adequate compensation for your losses.
Police Crash Report
Evidence is of the utmost importance in a truck accident claim. If law enforcement shows up at the accident scene, they are legally obligated to complete a crash report and submit it to the Texas Department of Transportation. We will obtain and review a copy to determine their findings and who they believe was at fault.
Other crucial information we can find in the report includes:
- Date, approximate time, and exact location of the collision
- Name, contact information, and auto insurance for all drivers involved
- Vehicle details, such as make and model, VIN, and damage
- Names and phone numbers of witnesses
- Description and diagram of the accident
- Determination of fault
- Issued traffic citations
Gathering Additional Evidence
Even if the crash report says someone else caused the accident, that is the investigating officer’s opinion based on what they saw at the scene. It does not necessarily mean the insurance company will agree with their findings. We will need to gather other evidence to support your truck accident claim, including:
- Statements from witnesses
- Accident scene photos
- Security video footage of the crash
- Your medical records
- Truck drivers’ qualifications, driving history, and employment history
- The trucking company hiring practices
- Estimates of vehicle damage
- Lost wage reports
Determining Liability in a Truck Accident
Our Dallas truck accident lawyers can’t file a claim if we don’t know which insurance company with which to file. We will request a copy of the truck driver’s liability insurance policy and review it for purposes of determining liability, how much coverage is available, and if you are entitled to compensation.
Determining Fault in a Vehicle Accident
Texas is an “at-fault” state when it comes to motor vehicle crashes. At-fault means the person who causes it becomes financially responsible for the victim’s injuries, medical bills, and associated losses. In addition to the insurance of the trucking company, Dallas truck drivers carry liability insurance to compensate for an injured party’s damages.
Negotiations & Truck Accident Lawsuits
Once the insurance adjuster reviews everything, we will enter into negotiations to create a settlement that covers your damages. If the insurance adjuster denies your injury claim or provides an inadequate settlement offer, we will likely have to file a truck accident lawsuit against them and the truck driver. A Dallas truck driver accident lawyer from Benton Accident & Injury Lawyers will then prepare you and represent you in court.
Severe Injuries Common to Truck Accidents
More severe injuries can happen when a commercial truck and a small car collide. The larger size and weight added to the accident can end up causing traumatic brain injuries, paralysis, and permanent mental and physical disabilities to the people involved in the collision.
The most common injuries caused by truck accidents include:
- Concussion
- Whiplash
- Broken bones
- Paralysis
- Crush injuries
- Soft tissue injuries
- Loss of limb
- Internal bleeding
- Traumatic brain injury
- Spinal cord injuries
Some injuries don’t heal. You might have to live with ongoing pain or attend physical therapy appointments long after the accident. Benton Accident & Injury Lawyers understands your suffering from the truck driver’s negligent actions. Our Dallas truck accident attorneys will aggressively pursue the compensation you need to cover your past and future medical expenses, lost wages, and other losses.
Compensation Available After a Truck Accident
When negligent truck drivers cause trucking accidents, they have failed in their duty. It is their responsibility to drive with care. By causing an accident, they have created a chain reaction of events that can leave you severely injured and struggling to recover.
Compensation Examples:
Depending on the situation, you may be entitled to recover financial compensation. Examples of the compensation you may be entitled to include:
- Wrongful Death — If, unfortunately, you have lost a loved one due to a truck accident, you may be able to recover compensation for their final expenses, medical costs, and loss of your support. Our wrongful death lawyers in Dallas can help ensure you are left with some financial stability.
Medical Expenses:
- Medical expenses — You could be reimbursed for past and current medical expenses, such as ambulance rides, emergency room visits, hospital bills, doctor’s bills, and medications.
- Future medical expenses — If your accident has left you suffering from injuries requiring long-term care or therapy, you may be entitled to compensation for your recovery treatment. That could include physical therapy, rehabilitation therapy, and even assistive devices, for example, a wheelchair.
Work-Related Expenses:
- Loss of income — Many people in serious truck accidents must take time off from work to recover. You may be able to be reimbursed for those lost wages.
- Loss of future earning capacity — If you have suffered injuries from the accident that make it impossible to continue working to your full capacity, you may also be entitled to compensation for a loss of future income.
Pain and Suffering:
- Pain and suffering — An experienced attorney can also help you recover compensation for your pain and suffering following a serious accident.
- Mental anguish — Mental and emotional trauma experienced from the crash, such as anxiety, fear, post-traumatic stress disorder (PTSD), depression, and distress.
- Physical impairment or disfigurement – Permanent scarring, disfigurement, or loss of use of a body part.
- Loss of consortium — Intangible injuries suffered by the victim’s spouse from being deprived of comfort, affection, companionship, assistance, society, or sexual relations.
Insurance Company Offers
While all trucking accidents have their own unique set of circumstances, there is one universal truth, insurers and trucking companies don’t want you to take their money. They are for-profit businesses, and to them, it’s their bottom line that matters, not your health and well-being.
Their offer will typically be low and not nearly enough to cover all the expenses that may arise following your accident. An experienced Dallas truck accident lawyer knows how they play their insurance claims game and can ensure they don’t exploit you.
Recurrent Causes of Truck Accidents
Various factors can come into play regarding why and how truckers cause serious accidents. However, the trucking company could be to blame if they negligently hire an unlicensed, unqualified, or inexperienced driver. Third parties, such as a parts manufacturer, could also be liable for designing or manufacturing a defective part that malfunctioned.
Some of the most recurrent causes of truck accidents [law-firm] handles include:
- Driving under the influence of alcohol or drugs
- Fatigued driver
- Distracted driving
- Inadequate truck maintenance and repairs
- Unsafe passing
- Speeding
- Mechanical malfunctions or failures
- Poor weather conditions
- Road defects
- Improperly loaded cargo
- Failure to check blind spots
- Inexperienced or unlicensed driver
- Tailgating
The Federal Motor Carrier Safety Administration defines the responsibilities of truckers and their companies for road safety. One mistake behind the wheel of a large vehicle can lead to disastrous consequences. If truckers violate federal regulations, they could become financially responsible for any injured driver’s or passenger’s expenses.
Most Common Types of Truck Accidents
There are several different types of accidents that a truck driver can cause. Each one is unique and carries its own set of circumstances. Most types of truck accidents leave behind a consistent factor: devastation. Any collision with a large truck can cause severe injuries and massive property damage.
Loss of Control:
- Jackknife – A truck jackknifes when the trailer and front cab slide toward each other to form an angle. Consequently, this usually occurs when truck drivers lose control of their vehicle from overloaded cargo, braking too quickly, or maneuvering incorrectly.
- Rollover – Commercial trucks are top-heavy and can easily tip onto their sides in certain situations. A driver who isn’t paying attention to where they’re going could swerve to avoid a crash but roll the vehicle.
Collisions:
- No-Zone Accidents – Also called blind spot accidents. Large trucks have blind spots in front, in the back, and on both sides. Drivers must carefully check for cars around them before changing lanes, turning, or speeding up to prevent an accident.
- Head-On Collisions – Head-on accidents can be deadly. An 80,000-pound truck that collides with a passenger vehicle can have devastating consequences.
- Rear-End Crashes – Tailgating is one of the most common reasons rear-end truck accidents happen. Commercial trucks require more distance to come to a complete stop, and if the driver is following another vehicle too closely, they likely won’t be able to prevent a crash.
- T-Bone Crashes – Side impact collisions result from one vehicle crashing into the side of another. They typically occur at intersections when a trucker runs a red light or stop sign.
- Under/Override Accidents – Underride accidents occur when a small car crashes into the back or side of a large truck and ends up underneath. Override accidents result from a truck driver who can’t stop in time and runs over the vehicle ahead.
Defective Equipment or Negligence:
- Lost Load or Improperly Secured Cargo Accidents – Trucking companies should implement procedures and follow federal regulations when loading and securing cargo onto the trucks. They should utilize the correct number of tie-downs as well as securement systems that don’t contain defects.
- Tire Blowouts – Trucking companies must comply with weight and size limits when loading cargo onto the back of a truck. If they overload the vehicle, it puts more pressure on the tires, which may cause them to explode.
While this list is extensive, several other accidents could occur with a large or commercial truck. If you or a loved one has suffered injuries in a truck accident, reach out to the team at [law-firm] for a complimentary initial consultation. Our Dallas truck accident lawyers are eager to hear your case and provide you with the legal guidance you require, regardless of the situation.
Other Types of Big Vehicle Cases We Handle
Several types of big vehicles on the road can cause serious damage and catastrophic injuries if involved in an accident. Benton Accident & Injury Lawyers has Dallas truck accident attorneys that handle any of the following large vehicle cases:
Statute of Limitations
Filing a truck accident lawsuit comes with various laws, deadlines, and other requirements. When you file a lawsuit in Texas, you must follow the statute of limitations for truck accident cases.
You have two years from the accident date to sue or you could lose your right to compensation. If two years pass before you file your truck accident case, the court will most likely dismiss your accident case because you missed the deadline.
Our Dallas our personal injury attorneys can help you file and see your lawsuit through in court to get the compensation you deserve.
Exceptions to Statutes of Limitations
- There are two major exceptions where you can toll or extend the statute of limitations and have additional time to file your lawsuit:
- You were a minor at the time of the crash. The two-year statute would not begin until you turn 18 years old.
- The defendant left the state before you filed. The statute would start once they return, and their absence would not count towards the two-year deadline.
Contact Benton Accident & Injury Lawyers for a Free Consultation
Have you been injured in a Dallas truck accident due to someone else’s negligence? Call us at (214) 777-7777 or contact us online to speak to a Dallas truck accident lawyer. Our truck accident law firm offers a free consultation to determine if you have a truck accident case and how to pursue justice and compensation.
Our legal team will advocate for your rights and be aggressive in our negotiations. We work on a contingency fee basis, which means no money up front and that you don’t pay unless and until your Dallas truck accident case is won.
Truck Accident Frequently Asked Questions FAQ
Here are some common questions Dallas truck accident victims ask after being in a truck collision or suffering serious injuries from a truck accident.
What should I do if I was partially at fault for the accident?
There are times when multiple drivers or parties share blame for a crash. For example, a truck driver may be speeding while you were on your cell phone. Your contribution to an accident could impact the compensation you’re entitled to receive.
Texas is a modified comparative negligence state. That means your damages will diminish by the percentage of fault you share. If a jury finds you 20% responsible for the truck accident and your total damages amount to $100,000, you’d only be eligible to seek $80,000 in compensation.
Can I still pursue a truck accident claim if I was partially at fault for the accident?
Yes, you may still be able to pursue an injury claim even if you were partially at fault for the accident. However, your compensation may be reduced based on your percentage of fault, depending on the laws in your state.
What if the truck driver was under the influence of drugs or alcohol at the time of the accident?
Driving under the influence is a serious offense. If the truck driver was impaired at the time of the accident, they may face criminal charges in addition to civil liability for your injuries.
How long does it take to resolve a truck accident case?
Truck accident cases involve unique factors such as federal regulations governing the trucking company industry, potentially multiple liable parties, and the severity of injuries due to the size and weight of commercial trucks. Due to the complexity, the experience and knowledge of Dallas truck accident attorney can help you succeed after an accident.
What sets apart truck accident cases from other types of personal injury cases?
Truck accident cases involve unique factors such as federal regulations governing the trucking company industry, potentially multiple liable parties, and the severity of injuries due to the size and weight of commercial trucks. Due to the complexity, the experience and knowledge of Dallas truck accident attorney can help you succeed after an accident.
What should I do if an insurance company offers me a settlement after a truck accident?
Before accepting any settlement offer, it’s crucial to consult with a Dallas truck accident attorney who can evaluate the offer’s adequacy and ensure you’re not being shortchanged. Insurance companies may try to settle for less than you deserve, so having legal representation can help protect your rights.