Finding Fault for Your Damages, Injuries, and Pain From an 18-Wheeler Wreck
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Finding Fault for Your Damages, Injuries, and Pain From an 18-Wheeler Wreck
In a big truck injury accident that’s not your fault, any number of different parties can be responsible and, theoretically, held legally liable for the wreck. This includes the trucker, the company he or she works for, the company that loaded the trailer, those who planned the truck’s route, and possibly a defective part on the truck itself or even a road construction contractor. More about our Austin Truck Accident Lawyers here
So the first thing you must do is find out whose fault it is for the truck accident that caused the injuries you suffered and the untimely and shocking death of a loved one. Before we go further, one crucial point to remember is the Texas law’s legal notion called “respondent superior.” It means that employers are directly liable for their employee’s negligence (and, by definition, legal liability for their actions while at work). So, by definition, the employer is just as responsible for the action or inaction of its employee as if they were negligent: it is their responsibility to pay for your injuries and other legal damages. Another relatively new source of liability has emerged over the past few years. States and counties outsource more road maintenance and highway construction duties to private contractors and subcontractors than just a few years ago. So if a privately-owned company, in the performance of its road construction or maintenance contracts, creates hazardous road conditions that cause an 18-wheeler to hit you, these companies will also undergo liability scrutiny that arises from the 18-wheeler accident. All private companies contracted by the state of Texas or any of its counties for any outsourced engagement must, by law, a document that they are either adequately insured or provide a very large liability bond backed by their cash-on-hand.
To win your claim among a surplus of potential defendants, you will significantly benefit from an experienced trucking accident injury attorney who can investigate the scene of an accident to discover who is liable and then wade through a great deal of paperwork to determine the best possible targets for your accident-related compensation. Local or state law enforcement agencies will investigate all 18-wheeler accidents. The US Department of Transportation (DOT) sometimes does so, especially if a repeat offender of their statutes and laws governing interstate transportation is involved. Right now, that doesn’t help you because those investigations often only reveal the primary responsible parties, such as the drivers or the company that owns the rig, past the initial establishment of the preliminary cause of the accident. Their investigations often fail to identify all underlying causes for the 18-wheeler wreck that injured you, which reveals every liable party. Ours do. Experienced accident lawyers conduct these stringent investigations and know how to determine the degree of each responsible party in every big rig accident for the purposes of civil damage compensation. Occasionally our investigations reveal additional criminal facts about the accident that law officials might have missed. When we identify those who initially escaped detection, we pass them along to law enforcement for further criminal investigation. After your big trucking accident, your attorney must determine whose negligence caused the wreck, who else contributed to it, or if a mechanical failure caused the driver to lose control of the big rig. Did the company that owned the cargo load it improperly? Was the cargo safely secured? Sometimes when that doesn’t happen, cargo breaks free during transport and topples the trailer; or spills onto the road or another vehicle. Sometimes route planners are negligent in sending the truck down a road where it doesn’t belong. If the cargo is hazardous, maybe it was sent off the traditional hazardous cargo routes. Rare is the time when finding fault for a semi-accident is as simple as “A plus B equals C.” This is why you benefit from the investigative expertise of a trucking wreck lawyer who will get to the bottom of a big rig accident and identifies every liable party who is responsible for your injuries, pain, suffering, lost income, wrongful death, and other damages arising from this tragic wreck.
You Need an Experienced Attorney: Do You Think You Can Handle This Yourself?
It’s remotely conceivable. But let us ask you this. Would you play professional football without the proper training and experience, much less physical capability? Of course, you wouldn’t. You wouldn’t last past the opening kickoff. A non-attorney doesn’t have the accumulated – and vital – knowledge or experience to effectively investigate a complicated big rig accident, negotiate a fair settlement with insurance companies, or successfully represent him or herself in court. Litigating an 18-wheeler accident-related injury case is extremely complex. And attorneys who don’t have a deep background in personal injury or commercial truck accident cases don’t have any better chance than you of winning reasonable compensation. So why would you even entertain such a critical, foolish idea: especially when tens or hundreds of thousands of dollars are at stake?
Under-representation in personal injury commercial accidents is like asking to get creamed by your opponents. They’ll be tickled to oblige you. The laws and procedures involved are complex, and the playing field is tilted toward the trucking companies, their insurance providers, and attorneys. Your opponents have deep pockets and years of experience winning these cases you now consider. Successful litigation (or settlement negotiation) in a truck-related personal injury lawsuit demands that the representing lawyer have a very thorough knowledge of civil procedure and an ability to devise the perfect strategy – based on the evidence – to battle the defendants, their insurance companies, and adjusters, as well as their crackerjack defense lawyers. Legal novices don’t have any of that. Rookie lawyers don’t have enough. So if you do it either of those ways, you’ll feel like Rodney Dangerfield: you’ll “get no respect.” Without respect, you don’t get paid. This is why an experienced and highly respected prominent rig accident injury attorney who has spent years taking on the insurance companies and their lawyers – like those at our Law Office – and beating them is a powerful weapon in your fight for fair accident injury compensation. If you’re considering taking up a relative or friend who is a lawyer’s offer to represent you, stop and consider this. Got Injured In An Accident – CALL SHAW
Even though he or she might be looking out for your best interests and pledges to fight hard for your rights in a big truck accident case, unless this person is an experienced personal injury lawyer with demonstrated skill in beating trucking companies and their insurance carriers, your attorney friend’s good intentions might be more akin to taking a knife to a gunfight. Your friend-relative lawyer might have a difficult time emotionally detaching him or herself from issues surrounding your case simply because of that personal investment. Big-rig injury law is quite intense and highly contentious. Your attorney must be pragmatic, focus solely on the facts of a case at all times, and be very cool to succeed for you. What happens if that friend or relative lawyer doesn’t win or accept a less-than-fair settlement because he knows how badly you need the money now? How will you feel about your friend or relative then: and for how long? You will be wise to keep your family members and friends out of your legal business when deciding who will represent your significant rig injury liability lawsuit most effectively. But by all means, welcome their support during this trying time in your life.
If you or a loved one has been involved in a trucking accident in Texas, our experienced accident lawyers can win the best compensation for you. Call us today (toll-free) for a free consultation. Get on the road to recovery so you and your family can get on with your lives.
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