Common Causes of Car Accidents in TexasA truck accident in Texas can be caused by numerous factors, including negligence on the part of the driver or the company that employs him. In some cases, another third party may share liability if there is something defective on the truck that contributed to the accident. A Texas car accident lawyer can help you determine the cause of the accident and develop a car accident lawsuit. Some of the most common causes of truck accidents in Texas include the following.
Distracted drivingDistracted driving is more than texting and driving; it is anything that takes the driver’s attention away from the road. Maybe they are looking at a logbook, checking the GPS, taking something from the seat, changing the radio station, eating, etc. Just one second of inattention can cause a devastating accident.
Driver inexperienceThere are numerous safety regulations for trucking companies and the drivers they employ. Unfortunately, some companies do not follow the rules and let very inexperienced drivers drive a large semi-trailer.
Traffic crimesTruck drivers are usually in a hurry to make a delivery as they are almost always paid by the load. This can lead to drivers speeding, running lights or stop signs, etc. In general, large trucks are more difficult to control. Driving too fast for the conditions can have catastrophic consequences.
Driver fatigueThe other consequence of being paid by the load is that drivers are willing to push their way, even when exhausted. That’s why there are rules about how many hours and days a truck driver can work. It’s no surprise that some trucking companies force their drivers to ignore these rules or force them to work longer than federal law allows. With exhausted drivers on the road, the risk of accidents is greater. Truck drivers who fall asleep at the wheel risk countless lives, including their own.
Driving under the influenceWhile this isn’t necessarily a widespread problem everywhere, all it takes is for a drunk truck driver to get behind the wheel when he shouldn’t. Drunk driving isn’t limited to alcohol consumption either. It includes someone driving under the influence of prescription drugs, over-the-counter drugs, and illegal drugs.
Lack of maintenance and safety checksDrivers have an obligation to ensure that their trucks are in good working order and safe to hit the road. Otherwise, a catastrophic accident could occur if something stops working while the driver is carrying a heavy load.
Defective productsFailure to inspect vehicles means a truck driver risks finding himself on the road when something isn’t working properly. Problems like faulty brakes or tires could lead to a blowout or other malfunction that ends up killing someone in an accident. When a truck driver hits your vehicle and causes injuries, you can make a claim for damages. There’s a lot that goes into finding the best truck wreck lawyer, so we’ve created a blog to help you.
Types of Damages in a Truck Accident Claim in El Paso, TexasTruck accidents often leave those in a smaller passenger vehicle with life-altering injuries. Our Texas car accident lawyers understand the scope and severity of the damages you could suffer in a car accident. We will work hard to ensure you get compensation for the full extent of your losses. Common damages our attorneys see in El Paso car accident claims include:
Disability and disfigurementThe injuries a person sustains in a truck accident can be downright horrific. Some of the more serious injuries include amputation injuries, spinal cord injuries, and traumatic brain injuries. These can leave a person with a permanent disability, as well as potential disfigurement.
Medical expensesInjuries not only inhibit future abilities and opportunities; they are also very expensive to treat. Even if you suffered only minor injuries, it is unlikely that your healthcare expenses will be “minor.” Healthcare services in the United States cost tens of thousands of dollars. If you stay in the hospital, have had surgery, or require other procedures and treatments, you could be facing hundreds of thousands in medical bills.
Loss of physical and cognitive abilitiesSome injuries never heal completely. Residual injuries and pain can leave a person with a loss of physical and/or cognitive abilities. Not only can this impair daily activities, but it can also be a barrier to future work and earnings. Our car accident lawyers in El Paso, Texas will defend your right to compensation for the full extent of your lost wages and future lost wages.
Loss of enjoyment of lifeInjuries, especially those that do not heal completely over time, often lead to a loss of enjoyment of life. While this is intangible and harder to calculate, you definitely deserve compensation.
Property damage expensesFinally, if a large truck hits your vehicle, there is a very good chance that it will be destroyed. This means you have likely incurred thousands of dollars in property damage expenses on top of your other losses. In some cases, you may also be entitled to punitive damages. Courts can award punitive damages in cases of gross negligence or willful misconduct. Texas law limits these damages to a maximum of $200,000 or double the amount of economic damages plus an equal amount of non-economic damages, up to $750,000.
What to Do After a Truck Accident in El Paso, TexasActions you take immediately after an accident can impact your personal injury compensation claim. If you are not seriously injured and can do so safely, try taking photos of the scene with your cell phone. You should take photos of the vehicles in the immediate aftermath of the accident, including any debris or skid marks in the area. Are there any other items of note, such as weather, road hazards, construction, etc.? Your vehicle may be destroyed after the accident, but preserving it could also be crucial to your claim. This is one of the reasons why we recommend that you speak with a Texas car accident lawyer right away. Your lawyer will know what steps to take to ensure that your insurance company does not dispose of the vehicle until an accident reconstructionist can look at it. If you are not transported from the scene by ambulance, it is imperative to seek medical attention as soon as possible. Don’t assume your injuries are minor. You may have internal injuries that are not visible to the naked eye. Plus, waiting to see a doctor gives the at-fault party’s insurance company more ammunition to use against you. When you wait to seek medical attention, they will argue that your injuries were not serious or that something else happened in the meantime that caused your injuries. When reporting the accident to your insurance company, be cautious in your communications with insurance companies. The trucker’s insurance company will ask you for a recorded statement, hoping that you will say something that places responsibility for the accident on you. Here is a truck accident checklist you can use. You should not give a recorded statement without first speaking with a Texas car accident lawyer. Hiring an attorney immediately following a serious accident is the best way to protect your rights in the compensation claims process.
How does insurance work in Texas?To recover the full value of the damages listed above, you will need to file a claim against the appropriate insurance party (while you can file a lawsuit directly against the responsible party, typically, the damages are paid by an insurance company). agency; Most people cannot afford to pay personal injury damages out of pocket.) The state of Texas maintains an insurance system under which those who cause accidents are responsible for paying them. If the truck accident you were in was due to the negligent actions of the truck driver or the trucking company, you will file a claim against the trucking company’s insurance. If the cause of the accident was a third-party driver, file a claim against that party’s insurance. Of course, sometimes, other third parties (besides the drivers) are to blame. This includes a freight forwarder or shipper or a vehicle parts manufacturer. Our attorneys can evaluate your claim and help you determine who should be held liable. Before negotiating compensation for a car accident, make sure you have a Texas car accident lawyer on your side.
Proof of fault and damageIt is not enough to simply file a claim against the at-fault party’s insurer; you must be able to prove that the at-fault party’s negligence was the proximate cause of your injuries. Our Texas car accident lawyers will help you gather the evidence to do so, including:
- Data from the truck’s “black box”; Driver logs; Truck maintenance and inspection reports; Eyewitness testimony; Photographic evidence; Police reports; AND Moreover.
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