Tractor-trailer and commercial truck accidents are some of the most devastating types of motor vehicle accidents a person can be injured in. If you are struggling to cope after everything you have been through, you are not alone.
A truck accident lawyer serving Irving D. Miller & Associates, PLLC® could help you hold the at-fault party accountable. You can call our office to find out more about how the truck accident claims process works and what to expect from your insurance and civil claims.
Financial Recovery for Irving Truck Accident Victims
Truck accident victims in Irving may be interested to learn more about how much their case could be worth. To find out how much you could be awarded, your lawyer will need to carefully examine your truck accident damages.
Losses are typically separated into two separate categories known as economic damages and non-economic damages to account for every loss. Some examples of economic or financial damages include:
- Income loss
- Reduced or lost earning potential
- Loss of household services
- Healthcare expenses (past, present, and outgoing)
- Costs of vehicle repairs including vehicle replacement
- Other property damages
Some examples of non-economic damages, or losses that have affected your life, include:
- Loss of consortium
- Reduced quality of life
- Chronic pain and physical suffering
- Mental trauma and distress
- Disfiguring skin scars
- Reputational damage
Punitive damages may be available in truck accident claims, but only if the defendant’s conduct is considered grossly negligent. The courts will need to feel compelled to send a message to Irving residents that similar conduct is not going to be tolerated in the future.
Although punitive damages could greatly increase your settlement, you should never expect to be awarded punitive damages, as they are rarely awarded.
Liability for Irving Commercial Truck Accidents
Proving liability is of utmost importance in a truck accident claim. The type of truck accident and the cause of your injuries will help to establish liability.
For example, if a truck driver’s drowsy driving caused your truck accident in Irving, not only would your attorney look into the trucker’s culpability but also the company employing the truck driver. If the trucking company failed to adhere to Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, forcing their truck driver to work beyond the legal limits, they could be at fault for your damages.
If the trucker was drunk when the accident occurred, not only could the trucker be held accountable, but any dram shops that overserved or sold the truck or alcohol when they were already intoxicated could also be compelled to cover your damages. Multiple parties could be partially at fault for your truck accident damages, depending on how your collision occurred. Some of these parties include:
- The owner of the truck
- Truck safety inspectors
- Truck maintenance professionals
- Cargo loaders
- Trucking company executives
- Truck dealerships
- Truck part designers, distributors, suppliers, and manufacturers
- Government agencies, officials, and municipalities
- Other third parties
How Long do You Have to File an Irving Truck Accident Lawsuit?
The statute of limitations for personal injury claims, including truck accident lawsuits, under Texas law, is just two years. Although you may consider two years a significant amount of time to pursue your case, the truth is much different. Two years is a limited time to pursue your case when you consider all that goes into the investigation, gathering of evidence, calculation of your damages, negotiating with the insurance company, and bringing your case to trial.
If you hope to avoid being prohibited from having your case heard in Irving civil courts, make sure to get a truck accident attorney working on your insurance claim and civil lawsuit as soon as possible after the accident.
Evidence to Prove Fault for an Irving Truck Accident
There are several pieces of compelling evidence that could be used to help prove the defendant’s liability in your truck accident claim. Some of the most powerful types of evidence used in commercial truck accident claims include:
- The truck’s black box data, which contains valuable information about the truck’s rate of speed, functionality, when the airbag deployed, its acceleration and braking, and more
- Photos and videos of the victim’s truck accident injuries
- The injury victim’s medical records
- The truck driver’s chemical blood alcohol test results
- The truck driver’s cell phone records
- Trucking company employment and staff records
- Reports from truck accident reconstructionist
- Witness and expert testimony
Causes of Truck Accidents in Irving
Your truck accident lawyer’s most important responsibility will be establishing liability for your collision. If you hope to recover your damages, your lawyer will need to be able to show that someone else is responsible for causing your injuries.
With that in mind, examining how your truck accident occurred can give your personal injury attorney valuable insight into who may be responsible for causing your truck accident. Some of the most common causes of Irving truck accidents include:
- Driving over the speed limit
- Reckless driving
- Road rage and aggressive driving
- Distracted driving
- Refusing to yield to the right of way
- Following too closely
- Making illegal turns
- Failure to use a turn signal
- Refusing to stop at a traffic light or stop sign
- Impaired driving
- Poor weather conditions
- Defective truck parts
- Defective motor vehicle parts
- Trucking company negligence
- Malfunctioning equipment
- Lost loads
- Tire blowouts
- Poor road conditions
As your attorney begins to examine how your truck accident occurred, the evidence they obtain should point them in the direction of the parties responsible for your damages.
Call Our Texas Legal Team for Help After an Irving Truck Accident
The truck accident insurance claims and lawsuit processes can be daunting. Fortunately, when you have a truck accident lawyer from Irving at D. Miller & Associates, PLLC® advocating for total financial recovery, you can rest easier and focus on your recovery while they take care of your legal matters.
Learn more about how much your case could be worth when you contact our office for a no-cost, risk-free case evaluation. Complete our secured contact form or call us today.
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