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Personal Injury Claims Involving Unsecured Truck Cargo
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.
Evidence Needed to Sue a Trucking Company After a Wreck
Commercial trucks can cause severe damage in a wreck. Accident victims are often left with broken bones, traumatic brain injuries, spinal cord injuries, internal organ injuries, burns, lacerations, and other painful injuries, if they even survive. Many large truck crash victims find themselves facing a long, painful road to recovery. Financial hardship caused by vehicle damage, medical bills, and lost income from time off of work only adds to the difficulty.
Truck crash victims may be entitled to financial compensation for their economic and noneconomic damages through a truck accident injury lawsuit. However, to bring a successful lawsuit, the claim must be supported by strong, persuasive evidence.
Supporting Evidence in Your 18-Wheeler Crash Injury Claim
To be entitled to financial compensation from a truck driver, trucking company, or other at-fault parties, a truck accident victim must prove that the at-fault party’s negligence caused his or her injuries. The victim must also prove that the injuries resulted in damages such as medical expenses, lost income, physical impairment, disfigurement and pain and suffering.
What Damages Are Available After a Texas Motorcycle Wreck?
Pedestrian accidents took the lives of over 5,000 people in Texas last year, representing a 15 percent increase compared to the prior year. It goes without saying that losing a loved one in such a sudden, brutal way is absolutely devastating to those left behind.
If your spouse, parent, child, sibling, or another loved one died in a pedestrian accident, you may be able to take legal action in the form of a wrongful death claim. Legal action cannot undo the tragedy, but it may help you and your family pursue justice and recover some much-needed financial stability. In this article, we'll discuss what a wrongful death claim is, how to file one in Texas, and what to expect in the process.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil claim filed by the loved ones of someone who died due to the negligence or wrongful act of another party. If you win your case, you may be awarded damages to cover things like funeral and burial expenses, lost income and benefits, and more. Texas law defines a wrongful death as a death caused by "the wrongful act, negligence, carelessness, unskillfulness, or default" of another person or entity.
What If I Am Partially At Fault for My Texas Car Accident?
There are nearly an infinite number of issues that may cause a car accident. Driving under the influence, reckless driving, inattention to the road, and traffic law violations are some of the most common causes of auto accidents. However, in many cases, more than one factor leads to a car accident. For example, one motorist involved in an accident may have been driving over the speed limit while the other driver is texting and driving. You may wonder, “In car accidents involving shared blame, how is the at-fault driver determined? Can I still recover damages even if I am partially at fault for an accident?”
Texas Comparative Negligence Law
The state of Texas uses what is known as a “modified comparative negligence” model for shared-fault personal injury cases. In Texas law, this is referred to a “proportionate responsibility.” This means that Texas courts allow injured individuals to seek compensation for their injuries even if they were partially to blame for the injuries. In fact, as long as an injured party was not more than 50 percent at fault for the incident that caused the injuries, he or she can still bring a court action for damages.
What Are the Most Common Injuries in Motorcycle Accidents?
Motor vehicle collisions of all types can be dangerous. Passenger vehicles weigh several thousand pounds, and they can inflict serious injuries on others, even if a collision takes place at a relatively low speed. Fortunately for drivers and passengers, vehicles include multiple safety systems that can reduce the risk of injuries, such as seat belts, airbags, and a strong structure that protects a vehicle’s occupants. However, motorcyclists do not have these protections, and because of this, they are much more likely to be seriously injured in motorcycle accidents.
Serious and Fatal Injuries Affecting Motorcyclists
Motorcycle crashes may result in multiple forms of bodily harm, including:
- Injuries to the lower extremities - The most commonly injured body parts for motorcyclists are the legs and feet. When a motorcycle falls over in a collision, one of a person’s legs may be caught underneath, and this can result in broken bones, as well as dislocations in the knees, ankles, or hips; strained or torn muscles, tendons, and ligaments; or serious sprains.
How Much Compensation is Awarded for Pain and Suffering?
Whether an individual is hurt in a car accident, motorcycle crash, commercial truck collision, or another incident, the consequences can affect nearly every facet of the person’s life. Many accident victims cannot work for a significant amount of time after an accident. They may be unable to drive, care for their children, do housework, or complete other responsibilities. Physical pain can also prevent accident victims from participating in hobbies, traveling, spending time with loved ones, or even enjoying simple pleasures such as walking in the park. Unsurprisingly, injured people often find themselves battling psychological problems like depression and anxiety after an accident.
In a personal injury case, these non-financial consequences are often referred to as “pain and suffering.” If you or a loved one were seriously hurt in an accident, you may wonder how much compensation injured victims can receive for their pain and suffering.
Burress Injury Law Welcomes Kyle H. Dreyer
Burress Injury Law, a personal injury law firm based in McKinney, Texas, with locations in Frisco and Paris, is proud to welcome Attorney Kyle H. Dreyer. Mr. Dreyer's high-level trial experience makes him an invaluable asset to the high-growth Collin County firm.
With more than 35 years of experience trying multi-million-dollar cases, Mr. Dreyer has served as lead trial counsel in virtually every state and has successfully tried many complex cases. His prior trial practice included nationwide representation of a major domestic automotive manufacturer and component part manufacturers. He also served as trial counsel for large corporations in the petroleum, agriculture, and consumer beverage industries, among others.
Mr. Dreyer is a highly regarded trial lawyer and is a nationally respected authority in trial advocacy and litigation management.
With Burress Injury Law, Mr. Dreyer's focus will center around: (1) handling select wrongful death and catastrophic injury cases; (2) scaling the firm's growth; (3) fine-tuning the firm's litigation management systems and processes; and (4) mentoring the firm's younger lawyers.
Seeking Restitution After a Texas Motorcycle Accident
Texas is arguably one of the best states in the country in which to ride a motorcycle. With sunny weather and miles of open roads, the Lone Star State is nearly perfect for motorcyclists. Unfortunately, riding a motorcycle can be quite risky. Other drivers may not pay close enough attention to see a motorcyclist and avoid a collision. In the event of a wreck, the vehicle provides almost zero protection to the motorcyclist. It is no surprise that severe and fatal injuries are much more frequent in motorcycle crashes than crashes involving passenger vehicles. Approximately 16 percent of all fatal accidents in Texas involve motorcyclists.
If you or a loved one were injured in a motorcycle wreck, it is important to understand your rights. If another party’s negligent actions caused the crash, you may be entitled to financial compensation for your vehicle damage, pain and suffering, medical expenses, and more.
Holding a Negligent Party Accountable for a Motorcycle Wreck
Collin County Truck Accident Lawyer
Commercial truck accidents often cause devastating injuries and property damage. If you or a loved one were involved in a truck crash, you may understandably be looking for answers. You want to know who to blame and how to recover financial compensation for the financial losses you have suffered. Finding, obtaining, and preserving evidence is crucial for any successful truck accident claim.
Types of Evidence That May Be Valuable in Your Case
To bring a successful case against a trucking company or other at-fault party, your attorney will need to demonstrate that the at-fault party’s negligent or wrongful actions caused the crash. Your lawyer will also need to show the direct connection between your injuries and the damages you suffered, such as medical bills and lost income.
Evidence that may be useful in your case includes but is not limited to:
- Evidence at the accident scene such as skid marks, vehicle debris, and damage to property
McKinney Car Accident Lawyer
When more than one car is involved in a crash, it is often fairly clear who is liable to who. One driver ran a red light, or decided to send a text message, and crashed into another driver who was driving responsibly. The careless or law-breaking driver is liable to the driver who got hit. In a single-car accident, recovering compensation can be a bit trickier because first, you will have to prove that someone else was responsible. This does not mean you cannot recover after getting into a single-car accident. There are other parties who may potentially be liable depending on the circumstances. Proving that another party is liable for your injuries when no one else actually crashed may be difficult, but it can be done.
If you got hurt in a car accident where yours was the only vehicle that crashed, you will need a skilled attorney to evaluate your case and determine whether you can pursue compensation from a third party.
Who Could Potentially be Liable for a Single-Car Crash?
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From our offices in McKinney, Frisco, Paris, Sherman, Denison, and Celina, we serve clients throughout Collin County, Lamar County, Grayson County and all of Texas, including Allen, Anna, Bonham, Carrollton, Celina, Commerce, Coppell, Dallas, Denison, Denton, Flower Mound, Frisco, Gainesville, Garland, Grapevine, Greenville, Gunter, Heath, Howe, Leonard, Lewisville, Little Elm, McKinney, Melissa, Murphy, Paris, Pilot Point, Plano, Pottsboro, Princeton, Prosper, Providence Village, Richardson, Rockwall, Rowlett, Sachse, Sherman, The Colony, Van Alstyne, and Whitesboro.
Results listed are not a guarantee or indication of future case results.
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