If you or a loved one suffered serious injuries or lost their life as the result of a truck collision, a tractor-trailer accident lawyer serving Port Arthur, TX can help you determine if you have a case. Call D. Miller & Associates, PLLC today at (713) 850-8600 to speak with our legal team.
Dangers of Tractor-Trailer Accidents
Tractor-trailers have several elements that pose an increased risk in the event of an accident, particularly with smaller vehicles. For this reason, each state has its own requirements for obtaining a commercial driver’s license (CDL), which a driver must hold in order to operate a tractor-trailer.
Texas law requires that drivers with a valid license submit a series of documents and perform several tests to prove their knowledge and skills, and failure to abide by safety regulations can lead to serious accidents due to the dangers of large trucks. According to the Insurance Institute for Highway Safety (IIHS), these dangers include:
- Weight of at least 10,000 pounds, or 20 to 30 times more than passenger vehicles
- Increased ground clearance, which allows cars to slide underneath them
- Longer braking distance, which can make it difficult for drivers to stop suddenly
- Fatigue, which truck drivers commonly experience after long hours on the road
Truck drivers must take extra precautions to ensure the safety of those on the road around them. If a tractor-trailer accident caused by the truck driver’s negligence led to your injuries or the loss of a loved one, the attorneys at D. Miller & Associates, PLLC can help you seek financial recovery.
Causes of Tractor-Trailer Accidents
In order to determine the causes of truck accidents, the Federal Motor Carrier Safety Administration (FMCSA) conducted the Large Truck Crash Causation Study (LTCCS) from 2001 to 2003. The study found that, in most accidents involving tractor-trailers, the truck driver held primary responsibility for causing the collision.
Several factors can contribute to a single tractor-trailer accident, but the top behaviors and concerns of truck drivers that lead to collisions include:
- Problems braking
- Traffic congestion
- Prescription or over-the-counter drug use
- Driving too fast for conditions
- Problems or unfamiliarity with the roadway
- Failure to stop at a crosswalk or traffic signal
- Inattention to surroundings
- Fatigue
If a truck driver in Jefferson County caused the accident that led to your injuries, a tractor-trailer accident lawyer serving Port Arthur, TX can help you pursue financial recovery.
Establishing Liability in Your Case
In Texas, the driver who caused the accident that led to the victims’ injuries holds responsibility for the financial recovery of their losses; however, insurance companies may not offer you fair compensation for your losses.
If an insurance company offers you a settlement, you have a right to contact a lawyer to communicate with the adjuster on your behalf and help you establish liability in your case.
Types of Evidence
Evidence from the scene of the accident and those involved can help your attorney prove the fault of the truck driver. The types of evidence they may collect vary based on the circumstances of your case, but it may include:
- Photos of the vehicles, debris, skid marks, and injuries
- Videos of the accident scene
- Police reports
- Medical history
- Witness testimony
- Cell phone records
- Deposition
At-Fault Parties
In most cases, a driver holds liability for causing a tractor-trailer accident. However, other parties may also have caused your accident. For example, if a vehicle part broke or malfunctioned and led to your accident, you may have a case against the manufacturer that made a faulty vehicle available on the consumer market.
In other instances, deteriorated roadways can lead to serious accidents, and victims can sometimes file a claim against the government agency responsible for maintaining the road. A lawyer can help you determine if you have a case and pursue financial recovery on your behalf.
A Tractor-Trailer Accident Lawyer Serving Port Arthur, TX Can Help You Seek Financial Awards
An attorney cannot guarantee that you will receive certain types or amounts of financial recovery, but they can help you evaluate your damages and seek a fair amount for your physical, emotional, and financial losses. The types of damages you may seek recovery for include:
- Emergency medical care, rehabilitation expenses, and other ongoing healthcare costs
- Lost wages for the time you missed at work or the loss of future wages if you cannot return to work or if you lost a loved one who provided you with financial support
- Property damage to fix your vehicle or purchase a new one
- Pain and suffering for the trauma you suffered as a result of your accident
- Funeral and burial expenses for a loved one lost in the accident
Texas Statute of Limitations on Tractor-Trailer Accident Cases
Like all states, Texas has a statute of limitations that determines how long victims have to file claims for tractor-trailer accidents. With a few exceptions, victims have up to two years from the date of the accident to file a personal injury claim, and families of victims who suffered fatal injuries due to another party’s negligence have up to two years from the date of their passing to file suit in a wrongful death case.
Contact D. Miller & Associates, PLLC for Legal Assistance
If you or a loved one suffered serious or fatal injuries in a tractor-trailer accident in Port Arthur, TX due to no fault of your own, our lawyers can help you seek the financial recovery you deserve. You may qualify for awards for both economic and noneconomic losses.
Contact D. Miller & Associates, PLLC today at (713) 850-8600 to discuss your case with our legal team.
Related Frequently Asked Questions
- Who Is at Fault in a Hydroplaning Car Accident?
- Can Pedestrians Be At Fault For Road Accidents In Texas?
- Are Trucking Companies Required By Texas Law To Have Full Coverage Insurance?
- What Is a Deposition & How Do They Affect Personal Injury Cases?
- How Much Do You Recover for Pain and Suffering After a Car Accident in Texas?
