The trucking industry is most reliable for the delivery of goods across the United States. As trucks are large and often carry a lot of weight, wrecks involving them can be fatal and result in devastating injuries. The cost of injuries and damages rise in accidents in which trucks are involved.
SOME IMPORTANT FACTS AND STATISTICS ON THE TRUCKING INDUSTRY AND TRUCK ACCIDENTS.
- The trucking industry is a $700 billion industry and employs 5% of the country’s full-time employees.
- There are 3.5 million employed truck drivers in the country. 90% of truck drivers are male, and the median age is 46.
- Truck accidents result in 4,000 deaths and cause 130,000 injuries each year.
- 6% of drivers of large trucks involved in fatal accidents tested positive for at least one drug in 2018. Of those who died in truck crashes in 2018, 67% were occupants of cars and other passenger vehicles, 16% were truck occupants, and 15% were pedestrians, bicyclists, or motorcyclists.
- 50% of deaths from large truck crashes occurred between the hours of 6 am to 3 pm.
- Texas 18-wheeler accidents account for 7% of fatal accidents that occur in the country.
- 68%of accidents involving trucks occur in rural areas, interstate roads, or highways.
COMMON CAUSES OF TRUCK ACCIDENTS IN DALLAS.
Government agencies and truck manufacturers work together to ensure road, vehicle and driver safety, yet truck accident numbers continue to rise. Some major factors that contribute to truck accidents are:-
- Driver errors.
The most common errors of truck drivers that lead to accidents are as follows:
- Distraction/ Inattention.
- Failure to yield right of way.
- Impairments (alcohol, illness, fatigue).
- Reckless driving.
- Failure to keep in the proper lane.
- Trucking companies hiring unfit drivers who lack the required commercial driving license (CDL).
- Failure of trucking companies to train and supervise their drivers.
- Failure of trucking companies to inspect and maintain vehicles regularly.
- Improperly loading cargo.
- Allowing or encouraging truck drivers to work excessive driving hours.
- Defective parts suck as tires, wheels, brakes or axels.
- Failure of state to keep roads properly maintained.
DETERMINING LIABLE PARTIES IN A DALLAS TRUCK ACCIDENT.
In a typical car accident case, the injured party will seek a fair settlement from the at-fault driver’s insurance company. However, multiple parties along with their insurers can get involved in a truck accident. Proving liability and determining parties should be tasks that should be left in the able hands of an experienced Dallas accident attorney.
Some of the parties usually involved in truck accident lawsuits are:-
- TRUCKING COMPANIES.
In most truck accidents, the truck is owned by a company. The driver’s insurance is covered by the company and its legal team handles details of the crash.
- TRUCK MANUFACTURERS.
If the accident occurred due to a mechanical or technical failure in the truck, accountability will shift towards the manufacturer of the vehicle. Malfunction of air brakes is one of the leading causes of truck accidents.
- SHIPPING COMPANY.
The company that paid for the shipment of a load may pursue legal action for non-delivery or delay in delivery of the load if the truck carrying it was involved in an accident.
- LOADING COMPANY.
If a truck is overloaded or cargo falls off a truck causing an accident, the loading company will bear a major percentage of liability.
- OTHER DRIVERS AND PEDESTRIANS.
There may be additional persons who might get injured in a collision involving trucks such as other drivers and their passengers as well as pedestrians. Each party involved is backed by their own insurance company which tries to shift blame away from their own client.
It is therefore necessary to enlist the services of an experienced Dallas Truck wreck Lawyer to liaison and negotiate with these various insurance companies to reach a settlement that helps a victim recover adequate compensation.
- OTHER PARTIES CAN ALSO BE DEFENDANTS IN A TRUCK ACCIDENT.
Truck accident investigations and claims can be complex. Depending on the specifics of a truck accident, the list of defendants may also include Insurance providers, City or County Governments, defective vehicle spare parts manufacturers, etc.
COMMON TYPES OF TRUCKS IN DALLAS.
The manner in which truck accidents occur depends on the trucks involved in the accidents too. Our highly skilled and competent Dallas truck accident attorneys have years of experience in identifying different kinds of trucks and are aware of the types of accidents and also of the severe damage and destruction they can cause.
The most common types of trucks are :
- 18 wheeler trucks.
- Logging trucks.
- Big Rigs.
- Semi-trucks.
- Cargo trucks
- Steel trucks.
- Coal trucks.
- Tow trucks.
- Construction trucks.
- Tanker trucks.
- Fire trucks.
- Fuel trucks.
- Garbage trucks.
STATUTE OF LIMITATION FOR FILING A TRUCK ACCIDENT CASE IN TEXAS.
A Statute of limitation sets the maximum time after an accident within which legal proceedings may be initiated. The purpose of these Statutes is to ensure that a plaintiff with a valid cause of action pursues it with reasonable diligence. Statutes of limitations also protect potential defendants from unfair prosecution. With the passage of time, relevant evidence can get lost.
An experienced Texas truck accident lawyer ensures that you fully understand the specific time limits, restrictions, and rules for filing an accident claim. Texas statute of limitations for truck accidents is two years after the accident occurred. In general terms, Texans have two years from the date of the accident to initiate a civil lawsuit.
COMPENSATION FOR VICTIMS OF TRUCK ACCIDENTS IN DALLAS.
If you have been injured in a truck accident, there are many more legal considerations and your case could be worth a lot more than if you were hit by another car. A truck accident case is worth more because there are often more substantial injuries and higher medical bills.
Given below are the types of damages that a victim of a Dallas truck accident may be able to recover:-
ECONOMIC DAMAGES.
- Past and current medical costs.
In most of truck accident cases, the medical bills are the largest single expense incurred by the victim. Adequate medical care and treatment are required by the victim for his injuries.
- Future medical costs.
After initial treatment and rehabilitation, victims of truck accidents often require further medical care in the future. Expert testimony from doctors and therapists can establish that the victim requires further extensive treatment.
- Lost wages and business income.
A victim, whether employed, self-employed or a business owner, is entitled to recover compensation for the time spent away from work or business.
- Loss of future earning capacity.
Some injuries harm the victims in such a manner that they are no longer able to do the job that they were doing before the accident. In many instances, a victim may have to change from a full-time job to a part-time job or move from a highly paid job to a lower remuneration job. In such cases, additional compensation may be awarded.
- Permanent injury and disability.
Some injuries have lifelong implications on the health of a victim of a truck accident.
A victim never recovers fully from his injuries.
NON-ECONOMIC DAMAGES.
- Pain and suffering.
Injuries cause pain which can be extreme and debilitating. Such pain Is accompanied by emotional suffering and stress. Florida law allows victims to collect compensation for such sufferings.
- Emotional distress.
Additional mental and emotional illnesses can arise from injuries sustained in a truck accident. Emotional distress, if proven by experts can support a victim’s claim for compensation.
- Loss of consortium.
Injuries sustained in truck accidents can limit and restrict a victim’s basic life functions resulting in loss of love, affection, and companionship. Under the loss of consortium, a victim can claim damages for physical isolation suffered due to injuries sustained in a truck accident.
- Loss of enjoyment of life.
A victim of a truck accident is entitled to receive compensation if he or she is unable to perform physical, social, and recreational activities which he or she enjoyed performing before sustaining injuries in the truck accident.
LAW OFFICES OF DOROTHY HYDE – A PROVEN TRACK RECORD OF SUCCESS.
The law office of Dorothy Hyde has built a solid reputation by providing comprehensive and personalized legal representation to victims of accidents in Dallas.
The firm has a history of earning successful settlements and judgments for its clients.
Our Dallas truck accident lawyers provide the following services to clients:-
- THOROUGH INVESTIGATION OF THE ACCIDENT.
Our truck accident lawyers compile and analyze evidence such as:
- Accident scene evidence.
- Eyewitness statements.
- Damage to all vehicles involved.
- Cellphone records.
- Driver’s toxicology test results.
- Police accident reports.
- Driver’s criminal and traffic background.
- The trucking company’s history of violating safety rules.
- Logbook and other company records.
- Electronic data recorder “Black Box” data.
- CONSULT EXPERTS FROM VARIOUS FIELDS.
Thanks to our vast experience in auto accident cases, we have built a network of experts which includes:
- Accident reconstruction experts.
- Rules compliance/ safety experts.
- Driver training (trucking school) experts.
- Mechanics and Engineers.
- Experts from various areas of medicine.
- Lifecare planners.
- Toxicology experts.
- PROTECTING AND PRESERVING EVIDENCE.
Trucking companies are not required by law to maintain driver records indefinitely. Our Dallas truck accident lawyers send preservation letters, requiring trucking companies to retain records of drivers and vehicles.
Our knowledgeable lawyers seek Court Orders to force trucking companies to provide and preserve any evidence that is important in the case. Our team of experienced truck accident lawyers collect, review and document medical records of victims which are essential in determining adequate compensation that they are entitled to.
- SEEK A TIMELY SETTLEMENT.
Our team of Dallas truck accident lawyers knows how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.
Our Texas truck accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients.
- TAKE THE CASE TO COURT.
If the need arises, our team of truck accident lawyers in Dallas is prepared to take the case to court for trial.
CONTACT A DALLAS TRUCK ACCIDENT LAWYER.
If you or your loved one has been injured due to the carelessness or negligence of a truck driver in Dallas, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced truck accident lawyer at our firm for a free case evaluation right away.
As most truck accident attorneys work on a contingency fee basis, you are not required to pay until we have won your case.