Truck drivers undergo rigorous training and education to receive their qualifications, and they must take special precautions to maintain their safety and the safety of others on the road. Unfortunately, not all truck drivers exercise the same level of care, and their recklessness may result in accidents.
If you suffered injury or the loss of a loved one due to the irresponsibility of another person, a truck accident lawyer serving El Paso can help. Call D. Miller & Associates, PLLC at (713) 850-8600 to discuss your case with our team.
Types of Truck Accidents
According to the Texas Department of Transportation (TxDOT), 1,140 commercial motor vehicle (CMV) accidents occurred in 2018 in El Paso County alone. Because of the size and power of CMVs, particularly semi-trucks, they often lead to more severe injuries than collisions with personal vehicles. Texas A&M Transportation Institute (TTI) found that many truck accidents are preventable, and those that occur result in a higher risk of injury and cost substantially more than other accidents. The study identified driver behaviors that contribute to accidents, and the most prevalent include:
- Driver fatigue
- Braking issues
- Failure to yield the right-of-way
The Federal Motor Carrier Safety Administration (FMCSA) notes that negligent behaviors such as illegal drug use also lead to truck accidents. An attorney can help you determine who was responsible for your accident and identify causes to build your case.
Determining Liability in a Truck Accident Case
A comparative fault state, Texas requires the determination of each driver’s amount of responsibility for the accident. If the state law on proportionate responsibility finds that you hold no more than 50% of the accountability for the accident, you may file for damages from the other driver’s insurance company, the other driver, or both. Your financial award may decrease if you maintain some level of fault for the accident. For example, you may receive 75% of an award if the court holds you 25% responsible for the accident.
A truck accident lawyer serving El Paso can gather the appropriate information to help you prove the fault of the other driver. Contact D. Miller & Associates, PLLC today at (713) 850-8600 to talk to our team about your case.
Holding Insurance Companies Accountable
If the other driver caused the accident, their insurance company must cover the costs associated with your medical care and property damage. It costs insurance companies more to provide you with adequate damages, so they often find ways to dodge responsibility, point fingers, and avoid paying more than the bare minimum. Attorneys know their strategies and can help prevent you from falling victim to them.
Underinsured and Uninsured Drivers
Truck drivers must hold commercial driver’s licenses (CDLs) and carry the appropriate CDL insurance in Texas. If they do not maintain the required coverage, they cannot legally drive large trucks, and their employer may face repercussions in the case of an accident. Without insurance, you cannot receive payment for your injuries, even if the other driver retains full responsibility.
However, you can hold the trucking company accountable, and the court may order them to cover your damages. If you suffered injuries in an accident with an underinsured or uninsured driver, an attorney can help you pursue your case.
In some cases, accidents occur due to a truck’s defective parts or functioning. If a jury deems the vehicle to have been faulty at the time of the accident, a manufacturer may be held accountable for the injuries suffered by all involved parties. A lawyer can investigate the circumstances and provide evidence to the jury to help determine liability.
Types of Truck Accident Cases
Truck accident circumstances vary greatly, and the type of case you may be able to pursue depends on the details of your accident. An attorney may help you file one or more claims to assist you in recovering damages for the injuries or loss you suffered.
If a truck accident caused by someone else’s negligence resulted in your injuries, you may be able to file a personal injury claim to seek awards for your economic and non-economic losses. Personal injury cases may include damages to cover:
- Medical expenses
- Pain and suffering
- Lost wages
A truck accident lawyer serving El Paso can help you determine if a personal injury case suits your circumstances.
Truck accidents often leave victims not only with physical injuries but also with damage to their vehicles and other items of value. These victims may file a claim for property damage to recover the funds necessary to replace property destroyed in the accident.
If a defect in the manufacturing of the truck contributed to the accident, you may consider pursuing a product liability suit. This type of case holds the manufacturer responsible for releasing hazardous products onto the market and may require the company to cover your expenses resulting from the accident.
No judge, jury, or attorney can value the life of your loved one. However, if you suffered their loss due to a trucking accident, they can help you seek justice on behalf of your spouse or family member and seek damages to cover funeral costs, property damage, and other expenses in a wrongful death suit.
How a Lawyer Can Help You with Your Case
Many victims of truck accidents find it difficult to prove the responsibility of the other driver on their own, especially with insurance companies complicating the process. A lawyer can ease your burden by exploring your specific conditions, examining your medical records, and gathering evidence to use in court. They will work with you and for you to help you seek financial damages and start on your path toward recovery.
Contact D. Miller & Associates, PLLC Today
The attorneys at D. Miller & Associates, PLLC prioritize our relationships with our clients. We value consistent communication, and we believe that keeping you involved throughout the process helps us to achieve your goals. If you suffered injury or lost a loved one in a truck accident, we can provide legal representation to assist you in seeking damages for your injuries, property damage, lost income, and other expenses. Contact us today at (713) 850-8600 to speak with our legal team about your free case evaluation.