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What Are the Top Causes of Negligent Truck Accidents?
Commercial truck accidents can be devastating. 18-wheelers and similar heavy trucks have the potential to cause major accidents involving multiple vehicles and serious injuries. Smaller personal vehicles are defenseless against commercial trucks. Since these trucks have the potential to cause so much damage, truck drivers and trucking companies operating safely is incredibly important. When truckers are careless, people get hurt. If you or a loved one has been hurt in a commercial trucking accident, you should contact a qualified attorney immediately.
What Are the Most Common Causes of Negligent Trucking Accidents?
When proper safety procedures are followed, commercial trucks can operate safely. Numerous federal and state laws are in place to help prevent the negligent behaviors that lead to serious crashes. If a truck driver or trucking company is breaking a law that was put in place for safety reasons, this is called “negligence per se.” Should your case go to court, negligence per se is a simple way to establish negligence. Types of negligence that may cause serious 18-wheeler accidents include:
What if I was involved in a car accident scam and injured?
Being involved in any motor vehicle accident can be a stressful and upsetting experience. If you were injured because you were targeted by a car accident scam, the entire incident can be even more stressful. Proving that you were the victim and not the driver responsible can be challenging. You need an experienced attorney to investigate the accident and begin pursuing compensation for you. It is important to call a lawyer as soon as possible while the accident scene is fresh, as evidence can disappear quickly in these cases.
What is a Car Accident Scam?
If you have never heard of a car accident scam, you might be wondering how they work. This type of scam takes place when another driver or pedestrian deliberately causes a car accident or pedestrian accident and makes it look like you were at fault to win a payout. Common ways we see these scams play out include:
- Back-up Scam - In this version of the scam, the driver in front of you at a red light or stop sign throws his vehicle into reverse and abruptly backs into you. The scammer then claims that you rear-ended him. Being backed into with force can cause serious injury including back injuries, whiplash-related brain damage, or injuries caused by airbag deployment.
What damages are available after a Fatal Crash in Texas?
After the wrongful death of a loved one in a senseless auto crash, your entire family may be thrown into a long period of overwhelming grief and stress. The financial burden alone of losing a family member can be staggering. While no amount of financial compensation will fully heal your family, pursuing damages after a fatal accident can alleviate some of your financial burdens.
If you have lost a family member on which you relied, whether for financial or emotional needs, you should consult an experienced attorney. Insurance companies may make you an settlement offer, but when you total the medical expenses, funeral expenses, future lost earnings, inheritance, and other out-of-pocket expenses, not to mention non-economic damages such as mental anguish and loss of consortium, the insurance company's offer is virtually always insultingly low. It is always better to have a wrongful death and auto crash attorney protecting your interests while you and your family focus on grieving for your lost family member.
Who is Liable in a Multi-Vehicle Crash?
Car crashes that involve multiple vehicles (often called pile-ups) can be particularly frightening and may result in serious injuries. These accidents are fairly common in Texas, and in fact, a February 2021 pile-up in the Dallas-Fort Worth area involved a whopping 133 vehicles, for which our law firm led the litigation efforts. If you have been injured in a multi-vehicle crash, you may be confused about who is at fault. The answer to this question can be complicated. Sometimes it is clear who is responsible. Other times, it can take quite a bit of investigation to determine who is at fault. Your best bet is to promptly contact an experienced personal injury lawyer who can help you determine from whom you can recover damages
When is More Than One Driver Liable?
Any driver whose negligence contributed to the crash may be for injuries that happen as a result. In fact, multi-vehicle crashes are rarely the fault of just one driver. For example, if you were rear-ended because the vehicle behind you was rear-ended and pushed into your car, both drivers may be liable. Or, if two careless drivers strike each other before one loses control of their vehicle and strikes you, then both careless drivers could be responsible for the crash. Investigators will often try to determine the order in which individual collisions happened to determine which vehicle or vehicles were at fault. While the driver who “started it” may not be the only party at fault, they are oftentimes at least partially liable.
What Can I Do If I Was the Victim of a Hit-and-Run Car Crash?
If another driver caused a car crash you were involved in and fled the scene, you may be feeling frustrated and concerned about who will pay for the damage. If you were injured, you are naturally even more concerned. The good news is that Texas takes hit-and-run car crashes very seriously, and there are steps you can take to protect yourself and hopefully catch the driver who was responsible. It is important to contact a qualified personal injury attorney soon after the accident, so they can collect evidence and ensure you recover full damages for all of the harms you suffered from the other driver, or file a claim with your own insurance company.
Steps to Take After a Hit-and-Run Accident
If you are involved in a hit-and-run accident, you should first see if anyone is injured and get to safety. If your vehicle is still drivable, try to move it off the road to prevent another accident. Do not try to follow the driver who caused the crash—in Texas, every driver involved must stay at the scene of an accident.
Can I Recover Damages After a Car Crash with an Uninsured Driver?
Car accidents can be emotionally and financially exhausting. A passenger or driver who is injured in a motor vehicle crash will likely face substantial medical bills and lost wages if he or she has to miss work. While many people may assume that the at-fault driver will be ordered to pay for the financial burden of the case, the responsibility typically falls on the driver's insurance company. However, a surprisingly large number of Texas drivers do not carry insurance, and car accident victims should be aware of their options for recovering damages under these circumstances.
After an Accident with An Uninsured Driver
After an accident, an adult vehicle occupant's first priority should be to assess any injuries and call the police. The driver should make sure that their vehicle is out of the way of danger and then take the proper care to exchange names, addresses, vehicle information, and phone numbers with the other driver. Additionally, the drivers should exchange insurance information. Drivers should keep their insurance information readily available and promptly notify their insurance company after a collision (but NEVER provide a recorded statement).
Understanding Liability After a Commercial Vehicle / Big Truck Accident
Commercial vehicle / big truck accidents affect individuals and families across the country every day and have been increasing significantly for the last decade. For Texas drivers, this is especially true. The Lone Star State consistently has more fatal commercial truck accidents than any other state. The majority of these crashes are caused by things such as driver fatigue and lack of driver training. Today, a severe driver shortage is forcing the industry employees to work strenuous hours across long distances. This creates dangerous driving conditions for both the truck drivers and surrounding drivers. Being involved in an accident with such a large vehicle can be exceedingly scary and exhausting, but a qualified Texas personal injury attorney can guide you through the process and fight for your compensation.
The first part of evaluating a claim is determining which party(s) was at fault. This is called liability. Liability is a crucial part of handling commercial vehicle / 18-wheeler accidents and can potentially include parties such as the truck driver, the trucking company, the cargo company, or the manufacturer. Often, the truck driver was at fault due to distractions or exhaustion. Typically, the legal theory “Respondeat Superior” holds the trucking company responsible for its driver's negligence. The trucking company can also be responsible for failure to properly hire, supervise or train its drivers. Additionally, the state of Texas follows the modified comparative fault. In these cases, if you are more than 50% responsible for the crash, you cannot receive any damages.
Recovering Damages for Wrongful Death in Texas
Losing a loved one unexpectedly is overwhelming. The pain of accidental death is further increased when the death was due to someone else's negligence. If your loved one died due to injuries suffered as a result of another party's negligence, you should retain a qualified personal injury attorney. Every day, Burress Injury Law works tirelessly to represent the families of wrongful death victims to hold all responsible parties fully accountable for their negligence.
What Constitutes Wrongful Death in The State of Texas?
When a person's death is caused by another individual's negligent behavior (whether accidental or intentional), the victim's loved ones can file a wrongful death claim. Car and big truck accidents, other negligence-based incidents, or intentional acts (including crimes) are just some of the tragic events that can give rise to wrongful death claims.
There are several elements of a wrongful death claim. Another party's neglect, carelessness, or wrongful act must have resulted in an injury that caused an individual's death. Had the victim survived their injuries, he or she would have been able to pursue a personal injury claim to seek damages. However, since they are unable to do so, a loved one has the opportunity to proceed with a wrongful death case on their behalf.
What Kinds of Evidence Should I Gather After a Texas Motor Vehicle Accident?
Being in a motor vehicle accident can be threatening, both to your physical and financial health. When you are injured, you may not be able to work, causing you to lose out on your much-needed paycheck. In some cases, you may be able to work, but you may not be able to earn the same amount as you did before you were hurt. You may also find that your injuries are resulting in expensive medical bills and extensive procedures that could add up to hundreds of thousands of dollars. Being a victim of a crash or other incident can be financially stressful, but a qualified Texas car accident injury lawyer can help you obtain full compensation for all of the damages you have suffered. To do this, you and your attorney will begin to gather evidence from your accident to support your claim.
Evidence in a Motor Vehicle Accident Claim
When you begin to build your case, you will need evidence to support your claim. Some of the best evidence is gathered after the car accident on the scene, but other evidence can also show the extent of your injuries and losses. If you are looking to file a personal injury claim for damages from a car accident, you should gather information such as:
The Importance of the Police Accident Report in Your Personal Injury Case
When you get into a car accident, one of the first things you should do immediately afterward is inform the police of the accident. In some cases, it can even be required by law to call the police to the scene of an accident. According to Texas law, you are required to notify police as soon as possible if you are in an accident involving bodily harm or death to another person or if damage to a vehicle renders it unable to drive normally. Even though notifying the police is required by law, it can also benefit you greatly if you decide to pursue compensation from the other driver (and their insurance company).
Why is the Police Report So Important?
When you call the police after you have been in a car accident, they will usually come to the scene of the accident and conduct an accident investigation. Once the investigating officer has gathered all of the evidence, he/she will prepare a crash report (commonly known as a police report). The police report can be an invaluable piece of evidence when negotiating claims with your insurance company and when filing a personal injury claim. The police report serves as an official record of the incident and provides a non-party's objective perspective of the accident.
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From our offices in McKinney, Frisco, Paris, and Sherman, we serve clients throughout Collin County, Lamar County, Grayson County, and all of the state of Texas, including Plano, Murphy, Allen, Princeton, Prosper, Celina, Carrollton, Denton, Lewisville, Bonham, Dallas, and Denison.
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