Due to their size and weight, trucks tend to be more destructive in road collisions. Truck drivers must be extra cautious when traveling on the road. Unfortunately, trucking accidents still happen here in Garland.
If you were recently involved in one, you could file actions to recover from any losses you might have, such as your hospital bills, lost earnings, and auto repairs. You can even seek financial recovery for the pain and suffering you went through. With D. Miller & Associates, PLLC®, you can work with a truck accident lawyer serving Garland.
Liability in Garland Truck Accidents
Figuring out who to hold liable for the trucking accident is a task our truck accident attorney serving Garland can help with. They can investigate and work with you in compiling proof such as camera footage, photos, and witness testimonies. Our attorneys also study the relevant statutes in your situation, saving you from having to study everything yourself. It would also help them determine which laws the liable party broke.
Here are some examples of possible culprits in the collision:
Truck Owners and Drivers
A mix of federal and state motor carrier laws regulate how trucking companies and drivers can operate in Texas, including here in Garland. Some of these rules include:
- Alcohol and drug prohibitions and testing requirements
- Mandatory routine truck inspection, servicing, and repairs
- Service hours (drivers cannot work beyond a certain number of hours and must take rests before driving again)
- Cargo securement standards
Violating such regulations can be used as proof of their liability in the Garland trucking accident. For example, if the truck suddenly breaks down on the road, the trucking company would be liable for not ensuring that the vehicle was in good working order before the trip.
Motorists and Pedestrians
It is also possible that the Garland trucking company and its driver are not entirely liable for the truck accident. This is because pedestrians and other motorists on the road may have also acted negligently, thus resulting in the crash.
For example, a motorist driving under the influence of drugs or alcohol may cause the truck driver to crash into another motorist. Another instance would be if a pedestrian disobeyed traffic control signals, causing the truck driver to try and steer clear.
While we often hold the trucker at fault if the truck malfunctions, the manufacturer or seller can also be liable for the Garland truck accident. For instance, the truck may be well-maintained, but one of its parts has a design defect that the manufacturer did not disclose. If said defect causes the truck to crash, you could hold the auto parts manufacturer liable.
Ways to Recover Damages for a Garland Truck Accident
Garland truck accident victims typically have three ways to seek financial recovery: settle privately with the other party, file a claim, or take a case to court. Our truck accident lawyer can guide you on what option to take and provide legal representation when facing the insurance company or the civil court.
Liability Insurance Claims
Texas trucking companies, including those operating here in Garland, follow the insurance requirements set by the Federal Motor Carrier Safety Administration (FMCSA). That means they carry liability coverage to pay for their victim’s accident-related injury and property damage expenses. Therefore, you can file a claim with their trucking insurance provider to recover damages.
However, trucking insurance policies usually do not cover accidents that occurred off-duty. If the driver was using the truck for personal reasons, you likely have to file with their personal auto insurer instead.
The Garland truck accident lawyer may suggest you file an accident lawsuit if the insurance claim does not work. For instance, suppose the liable party deliberately caused the truck accident. Insurance companies generally do not cover intentionally harmful acts, so you must search for other ways to recover—such as a third-party lawsuit.
In a civil lawsuit, the court will decide the amount you can recover, not the insurance company. Keep in mind that it may take a long time to reach a verdict. However, getting sued can also encourage the other side to try and negotiate with you privately.
Other Laws to Consider in Your Garland Truck Accident Case
There are other laws to consider when seeking recovery for a Garland truck accident.
Time Limits for Filing Lawsuits in Garland
You must follow the statute of limitations when filing a personal injury lawsuit. Missing your suit’s deadline will get it dismissed, barring you from recovering through this option. Texas Civil Practice & Remedies Code § 16.003 generally only gives you two years to bring your case, so it would be best to start working on it sooner than later.
Despite the strict time limits, the law makes some exceptions if special circumstances apply to you. For example, if you file for your injured child, the statute timer will only start counting down when they turn 18.
Our truck accident lawyer serving Garland can check for such applicable exceptions to determine your deadline. In addition, it will help them check whether you can still file your case on time.
Partial Liability Reduces Your Damages
Successfully settling your Garland truck accident claim or case does not guarantee that you can receive the full amount of damages owed. However, due to the comparative fault laws in Texas Civil Practice & Remedies Code § 33.012, being partly responsible for the truck accident will result in deductions to the settlement amount.
Suppose your damages totaled $500,000 in an accident lawsuit. However, the court finds you 30 percent liable for speeding when the accident happened. That means the truck driver, owner, or another liable party would only have to pay 70 percent or $350,000.
You could have our team review your evidence and statements to see whether any weak points exist that could increase your liability. We can then help you search for more proof and work on how to present your side of the dispute more persuasively.
Work With Our Truck Accident Team Serving Garland Today
Though you may suffer injuries and other significant losses in a trucking accident, Texas injury laws give you the right to seek financial recovery from liable parties. If you want to take legal action here in Garland, D. Miller & Associates, PLLC® is here to help. Our truck accident attorney serving Garland can assist with the legal process.
You can call us today to request your free case evaluation.