Month: January 2020

Texas Trucking Law – 18 Wheeler Accident Attorneys

There are two benefits suing when injured in an 18-wheeler accident:

First, it lets the injured party recover from the financial and emotional tragedy caused by the accident, while punishing those whose choices led to the accident happening in the first place. There’s no amount of money that can take away the damages created by your accident or wipe that memory from your mind. However, you still have extremely sizable financial burdens to deal with. The best way to get your family back to some type of normalcy after this type of accident is by getting compensation from the individual or group who was liable for your accident. More than likely you’ve missed tons of time working due to your injuries, so handling your medical bills for your injuries and medical bills for your vehicle can be impossible unless you file a lawsuit against the party or parties who were responsible for your injuries. truck accident lawyers texas

The other goal for an 18-wheeler accident lawsuit is to attempt and decrease more negligent behavior by punishing those responsible for the accident. People who have lost substantial money in an semi-truck accident lawsuit will tend to not make the same choices again. The best way to get someone’s attention is to attack their bank account. Click on this link @ https://caraccidentattorneysa.com/truck-accident-lawyers-san-antonio/

Common Negligent Causes of 18-Wheeler Accidents

If you’re trying to figure out who to sue, the first goal is to learn how your accident happened and then discover who was at fault. Tons of people take part in transporting goods on an 18-wheeler, so in many 18-wheeler accident cases, more than one party may have been negligent and factored into an 18-wheeler accident. An experienced 18-wheeler accident lawyer can rely on past cases from over the years litigating 18-wheeler accident claims to accurately figure out how your accident happened and who was responsible. Any number of negligent parties could have contributed to an 18-wheeler accident: the trucker, the trucking company, manufacturers of the truck or trailer, the business that loaded the truck, or other third parties. For example:

Truckers – Tons of hours are spent on highways and interstates by truck drivers, and in the majority of 18-wheeler accident cases, they are responsible either partially or entirely. Truckers will cause accidents when behave negligently. This is evident through: driving under the influence, speeding, ignoring stop signs, or excessive swerving. Many times 18-wheeler accidents are the result of the trucker being exhausted. Federal law requires that drivers take necessary rest breaks, but many of them disregard these guidelines so they’re able to meet company time constraints. Studies have revealed that truckers double their chances of being in an accident after eight straight hours of driving. Our survey showed that 20 percent of drivers confessed to falling asleep at the wheel more than once in the previous month. Whether by accident or deliberately, if a trucker’s negligence resulted in an accident that caused you to be injured, then you’ll have the chance to seek a lawsuit against that trucker.

Trucking Companies – Texas follows a legal concept called “respondent superior.” This means that employers face the same liability for the actions or inaction of their employees. If it’s determined that the truck driver’s negligence resulted in your wreck, then the trucking company could also be punished. So if a trucker had a litany of previous DUI convictions, then causes an accident while drunk, then the trucking company becomes responsible for any injuries stemming from the tragedy.

It also needs to be mentioned that the trucking company doesn’t have to act negligently on its own to be ruled liable for the negligence of its truckers. So as long as the trucker is deemed negligent, a lawsuit can be sought for damages from the trucking company. Most of the time the trucking company is the defendant people want damages from because it has greater ability to access more resources than drivers.

Manufacturers – Look closely at how they’re made, and you’ll see trucks and trailers are constructed from thousands of parts; all fastened together to ensure the vehicle’s safety. If any of these parts don’t function like they’re intended to while the truck is operating, then that can result in an accident. If the error was a result of a design defect or manufacturing error and a wreck follows, then anyone harmed in the wreck has the chance to get compensation from the manufacturer.trucking accident

The Company that Planned the Route – Not every road and neighborhood is intended for 18 wheelers and plenty of bridges have weight and height restrictions in place. To make sure everything’s safe, trucking companies will rely on other businesses to map out safe routes for big rigs to travel. If this company maps a course that is unsafe and dangerous for 18 wheelers, then a lawsuit can be pursued against that business.

The Company that Loaded the Cargo – A lot of times the company that owned the cargo is able to get it on board themselves, and other times another company handles that duty. If the company that put the cargo on did so in a poor or unsafe manner, this can result in a wreck and injuries that the company would be liable for. Cargo in an 18 wheeler is limited to 80,000 pounds, but lots of companies attempt to carry additional goods at a decreased cost and neglect this rule.

Weight limits are developed for a reason because an overloaded truck has a higher probability to topple and cause far more damage when it has a wreck. When the company that puts the cargo on doesn’t secure it properly, the cargo has a shot to loosen during transportation, creating a load shift that overturns the trailer and leads to wrecks with other vehicles in cargo. When flatbeds are incorporated, poorly loaded cargo can smash onto the road and create instant panic for lots of shocked drivers traveling behind the trucker. More information here @ https://no1-lawyer.com/truck-accident-lawyers-in-el-paso/

Other Drivers – An 18-wheeler may have been in a accident but that doesn’t mean they’re the immediate cause for the accident. Sometimes other drivers disregard their duty to make sure others are kept safe on the road, and an 18-wheeler accident happens, creating damage and injuries to more drivers on the road. When that happens, victims can pursue damages from these third parties.

Any of these parties or a group of them could have entirely or partially played a role in the 18-wheeler accident that harmed you. You need the help of an experienced 18 wheeler accident lawyer who can find the cause and all of the credible defendants, so you can get the compensation you deserve from all the people who injured you with their negligent behavior.

Prompt Investigation is Critical

A speedy and professional investigation has to happen if you want to get the key evidence to determine all of the necessary parties and prove your case after you’ve been injured in an 18-wheeler accident case. Since there are lots of groups that could have acted in a negligent manner and played a factor in your injury, a strong investigation is needed to determine all of the key parties and their amount of negligence. You’re going to need proof to be able to persuade the jury to rule for you, and evidence begins to disappear immediately after a wreck. It’s essential to get your lawyer searching for evidence as quick as you can. For every moment you waste not getting an attorney you trust, you’re doing serious harm to your claim because the proof you need is disappearing – witnesses leave town or their memories become fuzzy, videos get trashed and the accident scene physically evolves.

The 18-wheeler accident lawyers at our firm have spent 20 years perfecting our ability at learning the art of investigating accident scenes. Once you hire us, we quickly travel to the accident scene (free of charge to clients) so we can find any evidence that helps our client’s case. We do what’s needed to reach the truth – securing all the main vehicles involved, getting photos, searching for video footage, looking through police records, measuring distance between skid marks, conducting forensic tests, doing witness testimony and gathering any evidence acquired to use later in trial.

You’re probably already far behind the investigative efforts that have been launched by the defense. Many times what happens is that right after a trucker reports an accident, the trucking or insurance company gets their investigators swiftly to the accident scene. The defensive investigators aren’t bothered learning how the accident really happened; they just want to get facts that show your injuries were a result of your own negligence. If you don’t have lawyers on the scene, you’ll have no idea if the defense has tampered with evidence, or done its investigation in an ethical fashion. If they discover evidence that shows you were negligent, then they can get your insurance claim overturned if they can prove you were totally responsible, or lessen the damages owed if they can properly show you were partially negligent.