You may be able to obtain financial recovery following an 18-wheeler accident in Fort Worth, Texas. A truck accident attorney from D. Miller & Associates, PLLC™ can evaluate your case and possibly gather evidence to support your claim. We may be able to show that the employer of the negligent truck driver is liable for your injuries and damages, including medical care costs, lost wages, and pain and suffering.
An 18-wheeler and semi truck lawyer in Fort Worth can analyze the details of your case. We can evaluate the strength of your case as a part of our complimentary initial consultation.
Fort Worth 18-Wheeler and Semi Truck Accidents
Fort Worth serves as the headquarters for dozens of large companies, and many others have a significant presence there, including distribution and fulfillment facilities, regional offices, and more in Tarrant, Denton, Parker, and Wise counties. Fort Worth makes a great distribution hub since interstate highways 20, 30, 35W, and 820 all pass through the city. In addition, there are a number of U.S. and state highways to support truck traffic, including:
- S. Route 81
- S. Route 287
- S. Route 377
- Texas State Highway 114
- Texas State Highway 121
- Texas State Highway 183
According to the Insurance Institute for Highway Safety (IIHS), 34 percent of truck accident fatalities in 2019 occurred on interstates and freeways, with another 51 percent happening on other major roads. Moreover, more trucks on the road can mean more chances for accidents involving them.
Yet regardless of where in the Fort Worth area your accident occurred, we can determine if negligent action played a role. From there, we can help identify the liable party.
When the Trucking Company Is Liable
When a truck driver hauling cargo for one of these companies acts negligently and causes a traffic accident, the company may also be the legally liable party. Under Texas law, an employer is responsible for their employee’s actions in some cases under a legal doctrine called respondeat superior. This may be possible when:
- The driver is an employee of the company, not an independent contractor, at the time of the accident
- The driver was acting in the “course and scope” of their job for their employer when they acted negligently
We may be able to pursue a financial recovery on your behalf based on the company’s insurance policy if we can provide evidence to show both of these are true in your case. We will handle all dealings with the insurance company if we represent you in your case.
This includes gathering the information we need to support your claim and negotiating with the insurance company. You don’t have to worry about talking to their representatives, pressuring them to address your concerns, or looking out for traps; we handle all of that for you. If we cannot arrive at a fair settlement, we may need to take your case to trial in civil court.
When the Truck Driver Is Liable
During our investigation, we may discover that we need to pursue the truck driver directly with a personal injury lawsuit to recoup the costs of your injuries. That could be because the driver:
- Was not working at the time of the collision
- Was an independent contractor
- Has insufficient insurance coverage for your expenses
Since the driver must be acting in the “course and scope” of their job for their employer to be held liable for an accident, a trucking company may avoid liability by claiming their driver was notn’t on duty when the collision occurred. They can also escape responsibility by not directly employing their drivers and instead hiring them as contractors. These contract drivers then must cover their own risk.
Sometimes, independent drivers don’t carry enough insurance to pay for serious injuries—and truck accidents often cause serious injuries. If you sustained a spinal cord injury, the healthcare and living costs of your first year following the injury can range from $375,000 to over $1 million, reports the National Spinal Cord Injury Statistical Center (NSCISC). That doesn’t include lifetime losses.
When we research your case, we cover all these options, determining if a driver should be pursued with a personal injury lawsuit to help you receive appropriate financial recovery.
When a Third Party Is Liable
Your accident may have involved a truck but been caused by another party, such as
- Another driver involved in the collision
- Auto parts manufacturers
- Car and truck designers
- Maintenance and auto shops
- Government entities
- Private property owners
For instance, a defective part or one improperly installed in the truck could have caused the accident. Poor road maintenance by a city or property owner may also have contributed. We explore these possibilities to ensure the correct party is held responsible.
At D. Miller & Associates, PLLC™, we want to help you seek the financial recovery you need to move forward. We have our truck accident team members standing by for your free case evaluation.
What Our Tractor Trailer Truck Accident Attorneys Can Do for You
Our attorneys work toward building a compelling case to support your claim and seeking a financial recovery for you. We pride ourselves on being accessible to our clients, able to answer questions, address concerns, and manage all communication related to your case. We even sometimes address frequently asked questions from our clients on social media, often using Facebook live streams on Tuesdays at 3 p.m. or Thursdays at 3 p.m. for Spanish.
If we represent you in your Fort Worth 18-wheeler accident case, we can help you seek recovery by:
- Identifying all possible liable parties
- Preserving and obtaining evidence, including evidence possessed by the trucking company
- Enlisting the help of expert witnesses when necessary
- Gathering evidence of your accident-related damages
Since 2002, we have served truck accident victims in Texas. We understand the steps necessary to prove the trucking company is vicariously liable and to seek financial recovery on your behalf. An 18-wheeler and semi truck lawyer in Fort Worth from D. Miller & Associates, PLLC™ can go over the details of your case today.
Pursuing Financial Recovery After a Fort Worth Truck Accident
Our attorneys understand that suffering injuries in a semi-truck accident can affect every aspect of your life. Many accident victims require treatment, suffer through painful rehabilitation, and deal with mental anguish that is difficult to overcome. When we pursue recovery for our clients, we seek to document their expenses and losses, both economic and non-economic. These are the damages we hope to include in financial recovery. They often include:
- Medical treatment
- Lost wages, commissions, gigs, and benefits
- Reduced earning capacity, if you cannot return to your previous job
- Property damage
- Pain and suffering
- Mental anguish
- Wrongful death damages
Since these injuries can be long-term, requiring ongoing care or putting you at risk for future complications, our fight for justice includes your future as well as your past. Future medical costs, projected lost income, and other expenses are considered with the help of experts like actuaries, doctors, and therapists.
We don’t just investigate your case to prove negligence. We also compile evidence to accurately tell the story of what this accident has cost you.
If Your Loved One Passed Away as a Result of the Accident
We support families in this trying time, helping you seek financial recovery after a wrongful death in a truck accident. You could recover:
- Cost of burial and funeral services
- Medical bills from their care
- Financial support they would have provided
- Pain and suffering they experienced
- Pain and suffering you and your family experienced
No family should have to suffer this tragedy at all, let alone go up against a faceless trucking company or careless driver while still processing grief. We can take up this challenge instead.
Act Quickly to Let One of Our Attorneys Evaluate Your Case
There are two primary reasons why it is important to reach out to our team for your free case evaluation as soon as possible after your accident:
- Meet filing deadlines
- Preserve evidence
Texas Has a Two-Year Statute of Limitations
Texas law sets a two-year statute of limitations that applies in most truck accident cases. Fort Worth truck accident victims generally have until the second anniversary of the accident to take legal action against the liable party. If you do not act quickly, you could run out of time and lose the right to file a civil suit in your case.
The Potentially Liable Party Has Much of the Evidence to Support Your Claim
Truck accident cases have more evidence than most motor vehicle accident cases because federal regulations require these vehicles to have data recorders, keep rest logs, and drivers must undergo post-accident alcohol and drug testing. Any of this evidence could be central to proving your claim, but it is all in the possession of the driver’s employer.
We need to act swiftly to protect this evidence and ensure we have access to it to build your case. Moreover, acting promptly makes it easier to track down and preserve traditional evidence as well, such as:
- Witness testimony
- Physical evidence
- Videos and photos
- Medical records
- Police reports
An 18-Wheeler and Semi Truck Accident Lawyer Serving Forth Worth Can Help
An 18-wheeler and semi truck lawyer in Fort Worth from D. Miller & Associates, PLLC™ can evaluate your case today at no cost to you. Call now to discuss your case with a member of our team.
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