Accidents involving 18-wheelers and semi-trucks can cause devastating injuries and crippling medical expenses. Of course, the pain and suffering from these injuries can prove equally overwhelming.
When you endure such an accident, and it results from the negligence of another person or party—from another driver to a parts manufacturer or even a municipality—you deserve to have them cover your damages. D. Miller & Associates serves El Paso residents who have been injured in 18-wheeler and semi-truck accidents. Let us fight for your right to recovery.
Call D. Miller & Associates, PLLC at (713) 850-8600 for a free case evaluation and legal consultation.
How Trucking Accidents Happen
When an accident happens with 18-wheelers and semi-trucks, many factors can contribute to the collision. We see cases involving:
- Driving while intoxicated
- Driving under the influence
- Driver fatigue
- Driving while distracted
- Poor driver training
- Poor truck maintenance
When you retain an 18-wheeler and semi-truck lawyer serving El Paso to represent you in your quest for recovery, they will investigate your accident, collect evidence, and establish liability for your damages.
Possible Negligent Parties in Your Trucking Accident
Trucking accidents can result from truck operator negligence or the negligence of other entities. These cases require careful investigation of the accident scene and other types of evidence to determine how and why the accident occurred—and who should be held accountable.
Some of the parties we will consider when investigating your 18-wheeler or semi-truck accident include:
The Truck Operator
From driving under the influence to driving and texting, or simply driving while fatigued, a truck operator can make split-second mistakes that yield catastrophic results.
The Commercial Truck Carrier
The carrier that employed the truck operator will likely be vicariously liable for any injuries its driver causes. It may also be to blame for failing to stay on top of routine vehicle maintenance, for its hiring decision involving the truck operator, or for pressuring the driver to violate Federal Motor Carrier Safety Administration (FMCSA) Hours of Service regulations.
More often than you would realize, manufacturers of tires, brakes, or other truck parts produce defective pieces that find their way onto operating trucks in a fleet, inevitably causing accidents for which the manufacturer should be held liable.
An improperly loaded truck can create all sorts of mechanical problems that can cause an accident. Distributors that transport certain products, like toxic chemicals, illegally, may also bear responsibility for accidents and injuries.
Our legal team will conduct an exhaustive investigation of your trucking accident and determine who we shall pursue for recovery on your behalf. Contact D. Miller & Associates, PLLC for a free consultation at (713) 850-8600.
Gathering Evidence to Establish Liability
When we take on your trucking accident case, we will waste no time initiating an investigation. Our objective in this investigation will be two-fold: We will seek evidence to support our claim of liability, and we will obtain evidence to prove your damages.
Evidence that May Prove Liability
Toward this end, we shall explore the following sources of information:
- Witness accounts
- Police accident report
- Truck operator’s driving record
- Truck operator’s driving and rest logs
- Truck maintenance and repairs records
- Documentation of the truck carrier’s hiring procedure
- Product shipping logs
Evidence that May Support Damages
To calculate the full measurement of losses you have experienced and will face down the road, we will seek the following:
- Your medical reports related to injuries from the trucking accident
- Wage statements from your employer
- Opinions from medical, economic, vocational therapy, and life-care planning experts
Tort law requires that before a plaintiff is able to collect recovery from a defendant, their case must satisfy four criteria. The elements we shall set out to prove include:
- Duty of Care: The defendant (operator, carrier, manufacturer, or distributor) owed you a responsibility to take reasonable steps to keep you safe.
- Breach of Duty: The defendant failed to uphold their duty of care.
- Causation: The defendant’s violation of their duty of care caused the accident that caused your injury.
- Damages: As a result of the accident caused by the defendant, you sustained physical, emotional, and economic damages.
We shall use the evidence we gathered in our private investigation of your case to prove each of the above arguments, thereby forming a solid case that we can take to the insurance company, or, if needed, to court.
Calculating Your Damages
The possibilities for damages vary greatly from one accident to the next. Most 18-wheeler and semi-truck accidents tend to cause severe physical injuries with associated losses that ripple out to affect other aspects of the victim’s life.
An 18-wheeler and semi-truck lawyer serving El Paso will work diligently and meticulously to compose a comprehensive list of damages you sustained in your trucking accident. Examples of some of the types of damages you may recover include:
- Medical expenses
- Emergency transportation
- Prescription medicine
- Physical rehabilitation
- Home modification equipment
- Replacement services
- Lost wages
- Lost benefits
- Pain and suffering
- Emotional distress
- Mental anguish
- Diminished future potential earnings
- Diminished enjoyment of life
If you lost a loved one in an 18-wheeler or semi-truck accident, you may be entitled to pursue a wrongful death action. A D. Miller & Associates, PLLC attorney can represent you in this matter. We will handle your case with the utmost compassion and dignity while fighting to have justice served.
Statute of Limitations in Texas
Bear in mind that the Texas Civil Practice and Remedies Code §16 imposes a statute of limitations on the amount of time you have following a trucking accident in which you can pursue legal action. Your lawyer will ensure that you meet this and other important deadlines to keep the opportunity for recovery open.
Working with the Insurance Company
After constructing your damage letter, we shall present it to the insurance company for payment. Most likely, the insurer will make a counter-offer, and the negotiation process will be officially underway. Our attorneys will fight aggressively to get you the recovery you deserve. If the insurance carrier refuses to cooperate, we are happy, able, and willing to take the defendant to civil court and fight for an award there.
An 18-Wheeler and Semi-Truck Lawyer Serving El Paso Can Help
Our legal team is eager to talk to you about your case and begin crafting a strategy for how to get you the recovery you deserve.
Call us today for a free, no-obligation case evaluation and legal consultation at (713) 850-8600.