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Personal Injury Claims Involving Unsecured Truck Cargo

 Posted on October 16,2022 in Truck Accident

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Being involved in a car crash is always a traumatic experience, but it can be especially distressing if the crash was caused by unsecured truck cargo. If someone is involved in a crash caused by freight that fell off the back of the truck, who is at fault? Do truck accident victims have any legal recourse? The answer is typically yes. The trucking company, the truck driver, the party who loaded the truck freight, or another party may be liable for damages. The injured person may be entitled to compensation for vehicle damage, medical bills, pain and suffering, and more.

What to Do After an Accident Caused by Unsecured Truck Cargo

If you have been involved in an accident caused by unsecured truck cargo, the first thing you should do is seek medical attention, even if you do not think you have been seriously injured. Some injuries, such as whiplash, may not present symptoms immediately following an accident. Once you have been discharged from seeing the emergency medical provider, retain a quality personal injury lawyer to help gather all necessary evidence supporting your claim. This may include photos of the accident scene, police reports, black box downloads, surveillance videos, gouge marks and other physical evidence left at the crash scene, and witness statements.

An experienced personal injury attorney with intimate knowledge of big truck accidents will not only investigate the circumstances of the accident and gather evidence, but also ensure that the trucking company preserve critical evidence to the case. The attorney will also handle all communications with the tucking company and its insurance company. Many personal injury claims are resolved through a negotiated settlement. If a settlement is not reached, the case may advance to trial. Your attorney’s job is to advocate for you throughout the case and pursue maximum compensation for your damages.

What Damages Can I Recover in a Personal Injury Claim?

If your personal injury claim is successful, you may be able to recover compensatory damages such as medical expenses, lost wages due to time missed from work, and vehicle repair or replacement costs. You may also be able to recover non-economic damages such as pain and suffering, physical impairment, disfigurement, mental anguish and spouses and children can pursue loss of consortium claims. In some cases, punitive damages may also be available. These are damages that are intended to punish the at-fault party and deter them from engaging in similar conduct in the future.

Contact our McKinney Personal Injury Lawyer

If you have been involved in an accident caused by unsecured truck cargo, do not assume that you do not have any legal options just because the accident was not directly caused by negligent driving. You may be able to file a personal injury claim against the truck driver or trucking company responsible for the cargo. To learn more about your legal rights and options, contact Collin County truck accident injury attorney Jason K. Burress. Call Burress Injury Law at 214-726-0016 for a free consultation.

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm

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