An accident between a truck and car or a motorcycle puts passengers at serious risk of injury and significant property damage far beyond the typical car accident. This means that truck accident victims will have more medical and repair bills than the average crash victim. If you were in a crash, a truck accident lawyer in Cypress, TX, can help you fight to hold the responsible party liable for your expenses.
At D. Miller & Associates, PLLC, our personal injury team knows how to gather the evidence needed to build a case and prove your claim. We can help you navigate a case against the driver, their employer, or another third party. Call us at 713-850-8600 for a free consultation with an attorney.
The Liable Party in Your Truck Accident Case
Determining liability in a truck accident case can be a complicated process. If the driver of the truck was working at the time of the accident, their employer or the owner of the truck might be a liable party. This is usually the case with an 18 wheeler or semi truck accident.
This means the trucking company’s insurance provider is responsible for your damages. However, corporate insurers frequently make it difficult for crash victims to collect settlements. An insurance claims adjuster can be incentivized to minimize the amount paid out to the victims.
This is why many people find that hiring a lawyer is the best way to deal with a trucking company’s insurance company.
How Industry Regulations Will Impact Your Truck Accident Claim
Government agencies regulate the commercial trucking industry. There are federal regulations in place that cover what tasks need to happen in terms of fleet maintenance and what drivers can do on the road. If there has been a violation of these laws, it is imperative for our offices to investigate your case to determine if this violation led to your accident as a part of building your case.
When we take on your case, we will review if the truck company or truck driver was following local, state, and federal trucking laws. We will search for answers to a variety of questions that will help prove negligence and liability.
Did the Driver Follow Hour Restrictions?
Federal laws are in place for the safety of everyone on the road, but not all trucking companies or truck drivers may abide by them. Since many truck drivers get paid by the job or by the mile, some may try to skirt the law about how many hours they can work in a 24-hour period for the sake of completing a job.
Was the Load Properly Inspected and Secured?
Cargo on a truck can be just as dangerous as the truck itself. Failing to inspect and secure the cargo thoroughly could be negligence.
Did the Trucker Follow Weight Restrictions?
Restrictions are in place for how much weight trucks can haul. This is because too much weight can compromise safe braking distances and negatively impact a driver’s control over the vehicle. If the driver or a trucking company overloaded the truck in your case, we can hold them responsible for the crash.
Is the Truck Up-To-Date on Inspection?
In the state of Texas, commercial vehicles must undergo regular inspections and registration. All drivers must also be properly licensed before they can drive. If there was a violation in one of these areas, it could constitute negligence.
Was the Trucker Following Local Road Ordinances?
Many local roads have regulations that can restrict commercial vehicles from being on that road due to the weight, length, or height of the vehicle. These ordinances preserve the condition of the road and protect the other motorists when a road is too small to accommodate a large truck. If a trucker drove in a restricted area and caused your wreck, you may deserve compensation for your damages.
These are just a few of the commonly violated laws, regulations, and ordinances that can lead to accidents in Cypress. If you decide to work with us, we can review the trucker’s driving logs, ordinances that cover the city and road you were traveling on, and other evidence. We will investigate to see if the driver who caused your accident was acting negligently while operating their truck.
Building Your Claim After the Wreck
Many other factors can also cause a truck accident. Determining the cause of the accident is important when it comes to proving who is liable for your personal injuries and damage to your vehicle.
Here are some other ways a driver can have acted negligently to cause a crash:
- Causing a drunk driving (DWI) accident;
- Failing to maintain their lane;
- Driving while distracted; or
- Failing to check or signal when changing lanes.
Even if the driver’s behavior was responsible for your truck crash, we may still hold their employer liable. If you were injured in a truck accident, we can help you file a claim or sue the responsible party.
Hiring a Lawyer in Cypress for Your Case
After an accident involving a truck has caused you harm, there is plenty to deal with without having to worry about fighting a corporate insurance company. With D. Miller & Associates, PLLC, on your side, you can get the help you need while you recover.
We will navigate the Texas legal system and go up against the insurance company of the liable party on your behalf. Call us at 713-850-8600 today for a free case evaluation.