Fort Worth Truck Accident Lawyer
While commercial vehicles, like trucks, are essential for our economy, they also bring with them a higher risk of severe accidents. When truck accidents happen, the aftermath can be overwhelming for victims. That’s where Allbee Law Firm steps in.
With a deep understanding of the specifics of truck-related accidents and the particular laws governing them, Allbee Law Firm’s experienced Fort Worth truck accident lawyers are committed to guiding you through the whole legal process, ensuring that you’ll receive the justice and compensation you rightfully deserve. Whether it’s negotiating, gathering critical evidence, or representing victims in court, our lawyers are there every step of the way to help you get the best outcomes possible. Call Allbee Law Firm today at (817) 244-6453 for a free consultation.
Table of Contents
Who Can I Sue In A Truck Accident Case?
If you’ve been involved in a truck accident in Fort Worth, TX, you might wonder, “Who exactly can I hold responsible?” Here are some parties to consider when determining liability:
The truck driver is one of the main parties to consider in a truck accident. Several common factors cause truck drivers to get into accidents:
- Speeding: Ignoring posted speed limits, especially in zones unsuitable for large vehicles.
- Fatigue: Driving beyond regulated hours without taking the mandatory rest breaks.
- Distraction: Using mobile devices, eating, or any activity that diverts attention from the road.
- Impairment: Operating under the influence of alcohol, drugs, or medications.
Companies can sometimes prioritize profits over safety, especially when they:
- Overlook Safety Protocols: Failing to conduct regular drug tests or ignoring reported driver violations.
- Push Boundaries: Encouraging drivers to drive longer than permitted hours or skip required breaks.
- Fail To Carry Out Regular Maintenance: Not sticking to commercial vehicle maintenance schedules, leading to potential malfunctions.
Defective parts can be catastrophic when it comes to massive vehicles:
- Faulty Parts: Brakes that don’t work, malfunctioning lights, or flawed engine components.
- Design Flaws: Structural problems with the truck that make it prone to tipping or other risks.
Improperly loaded cargo can significantly affect a truck’s balance:
- Overloading: Exceeding the maximum weight limit can strain the truck’s functions.
- Unbalanced Loads: Incorrectly distributing weight can make the truck unstable, especially at turns.
Shoddy maintenance work can lead to real issues on the road:
- Incomplete Repairs: Returning trucks to service without fully addressing identified issues.
- Missed Inspections: Overlooking regular checks that could identify wear and tear or potential points of failure.
Trucks aren’t always the primary cause:
- Reckless Driving: Cars weaving through traffic, braking abruptly, or cutting off trucks without sufficient clearance.
- Distractions: Other drivers texting, talking, or not paying full attention to the roadway.
Sometimes, the city infrastructure plays a part:
- Poor Road Maintenance: Large potholes, faded lane markings, or crumbling edges can be hazardous for big rigs.
- Inadequate Signage: Missing or unclear signs can mislead truck drivers into taking routes unsuitable for their vehicle size.
What Compensation Can A Fort Worth Truck Accident Lawyer Recover For Me?
You’ll likely be entitled to medical expenses if you’ve suffered injuries from a truck wreck. Medical expenses aren’t limited to immediate post-accident hospital bills– they can include future medical expenses, like follow-up treatments, physiotherapy, and surgeries you might require in the future.
Loss of Income
If you’re unable to work because of the injuries sustained in the accident, an experienced Fort Worth truck accident lawyer can help you recover damages for lost wages.
Loss of earning capacity includes compensation for potential future earnings if, unfortunately, the injuries affect your ability to earn income in the future.
Pain and Suffering
Pain and suffering damages compensate for the mental anguish and physical pain that arises after such incidents. While it’s hard to put a price on these experiences, a skilled Fort Worth personal injury lawyer can guide you in determining an appropriate value.
If your vehicle got totaled or sustained significant damage, the at-fault truck driver will be responsible for repair and replacement costs. Property damage includes personal items damaged in the accident, like electronics, car seats, and other possessions in your vehicle.
In more extreme cases where the truck driver’s conduct was exceptionally reckless or malicious, you might be entitled to punitive damages. Unlike other damages meant to compensate you, punitive damages are intended to punish the wrongdoer and deter such behavior in the future.
Speak With A Fort Worth Semi-Truck Accident Lawyer For Free
Are Truck Drivers Always Responsible For Truck Accidents?
While truck drivers can and sometimes do contribute to trucking accidents due to negligence or mistakes, many external factors and other parties can be at fault. Investigating and understanding a truck accident’s root causes is essential.
A thorough and detailed approach ensures that all responsible parties are held accountable, whether the truck driver, the company, the manufacturer, or other external factors are to blame.
Truck drivers often work long hours and may push beyond recommended limits, leading to tiredness and reduced reaction times.
This can apply to truck drivers and other drivers. Texting, using navigation systems, eating food, and other distractions quickly escalate into a truck accident.
Driving Under the Influence:
Alcohol, drugs, or certain prescription medications can impair a driver’s ability, leading to accidents.
This might be due to the pressure of delivery deadlines or personal reasons, but high speeds reduce the driver’s ability to steer safely around curves or objects in the roadway.
Trucks require regular maintenance. If the trucking company doesn’t properly maintain its trucks, it can result in brake failures, tire blowouts, or other mechanical issues.
Improperly Loaded Cargo:
Overloading, or not securing cargo properly, can cause trucks to tip over or lose their load while driving.
Sometimes, the fault lies with the truck manufacturer if they produce defective parts or systems that fail.
Potholes, lack of proper signage, or other road hazards can play a significant role in causing accidents.
Fort Worth can occasionally experience severe weather conditions, and factors like rain, fog, or ice can make driving treacherous.
While many truck drivers are seasoned professionals, newcomers to the industry might need more experience handling a large vehicle under challenging conditions.
Statute Of Limitations To File A Fort Worth Truck Accident Lawsuit
For most Texas personal injury cases, which include truck accidents, the statute of limitations is two years from the accident date. A statute of limitations means that if you’ve been injured in a truck accident, you have two years from the day of the accident to settle your truck accident claim or file a lawsuit against the responsible party or parties.
The same two-year limit applies if you’re dealing with property damage resulting from the accident, such as damages to your vehicle.
However, there are certain circumstances under which these time frames can be extended or shortened, but these exceptions are relatively rare. For example, if the injured person is a minor, the statute of limitations may be extended until they reach the age of majority.
If you fail to file your lawsuit within the two-year period, the Texas courts will refuse to hear your case. You won’t be able to recover any compensation for your trucking accident injuries or damages.
Given the complexities involved in truck accident cases, including establishing fault, gathering evidence, and determining the full extent of damages, seeking legal counsel early on is highly recommended. You can contact Allbee Law Firm so we can guide you through the process and ensure you take all necessary steps within the required time frame.
Fort Worth Truck Accident Lawyer FAQs
After a truck accident, you might be tempted or even pressured to talk to the insurance company immediately. However, you must be careful in such interactions. While insurance representatives often come across as helpful, their primary aim is to protect their companies. As such, they might use your statements against you to reduce or deny your rightful compensation.
We recommend minimizing your interactions with the insurance company following the truck crash. Instead, let the insurance company know you’ve retained legal representation and direct them to speak with your attorney.
An experienced trucking accident lawyer knows insurance companies’ tactics and can ensure your rights are protected throughout the process.
Remember, insurance companies are in the business of making money, and paying out claims cuts into their profits. While they might seem friendly or sympathetic, they are not your allies in this situation. Instead, you can trust Allbee Law Firm because we understand your needs, have your best interests at heart, and will advocate on your behalf.
The duration required to resolve a truck accident case in Fort Worth, TX, can vary widely based on several factors. Many truck accident cases can be settled out of court within several months to a year. However, if a case proceeds to trial, it can take several years to present your truck crash case in court.
Severity of Injuries:
Cases where the victim has sustained severe injuries often take longer. This is because severe injuries can require an extended period to ascertain the full extent of the injuries and the associated medical costs.
If the parties involved dispute who was at fault in the accident, it can prolong the case as each side gathers evidence to support their claim.
Amount of Damages:
Higher stakes often lead to more extended negotiations. If there’s a significant sum involved, insurance companies may invest more time and resources into challenging the personal injury claim.
Willingness to Settle:
Some cases resolve quickly through a settlement, while others might go to trial if the parties can’t agree on a fair amount.
Complexity of the Case:
Truck accidents might involve multiple parties – the truck driver, the trucking company, manufacturers, etc. Determining liability among these parties can complicate and extend the case.
Often, delays are due to a backlog in the court system. If your 18-wheeler accident case goes to trial, it must wait in line behind older cases.
Availability of Evidence:
Gathering evidence such as witness testimonies, camera footage, and expert opinions can either speed up the case if readily available or slow it down if hard to come by.
Your Attorney’s Approach:
A proactive Fort Worth truck accident attorney, like those from Allbee Law Firm, can make a significant difference in moving things along. Efficient communication, prompt actions, and strategic decisions will help streamline the process.
Absolutely! Such denials are not uncommon, as trucking companies and their insurers often seek to limit their financial exposure by contesting fault. While denying liability can make the path to compensation more challenging, it’s far from the end of the road. With a knowledgeable Fort Worth truck accident attorney from Allbee Law Firm by your side, you still stand a strong chance of getting the justice and compensation you deserve. When liability is denied, there are a few things we can do for you:
We will gather evidence to establish the truck driver’s or the trucking company’s fault. This evidence can include truck crash scene photographs, witness statements, truck maintenance records, driver logs, and any available video footage.
When needed, we enlist the services of accident reconstruction experts, medical professionals, and industry specialists who can provide insights and testimony that reinforce your claim.
Trucking companies are bound by strict federal and state regulations concerning vehicle maintenance, driver rest periods, and cargo loading. Our legal team can scrutinize whether the trucking company violated any of these rules, which could bolster your claim.
Negotiation With Insurance
We will negotiate with the trucking company’s insurance, leveraging the evidence to ensure a fair settlement. As proven by our countless wins for our past clients, we’re skilled in countering insurance companies’ tactics to minimize payouts.
If negotiations don’t produce a satisfactory outcome, Allbee Law Firm is prepared to take trucking accident cases to court. By building a robust case from the outset, we will be positioned to represent your interests effectively in a trial setting.
Whether your truck accident case goes to court depends on multiple factors. It’s worth noting that most personal injury claims, including truck accident cases, are resolved through settlements without needing a trial.
Trusting in a lawyer with experience with similar cases will help ensure the best strategic decisions are made. Your truck accident case could still go to court, but many of the following factors will influence this decision:
Strength of Evidence
If there’s strong evidence indicating the fault of the truck driver or the trucking company, they might be more inclined to settle rather than face the potential of a more significant judgment against them in court.
Willingness to Settle
Sometimes, both parties prefer a quick resolution, making a settlement more likely. Fast settlements can be due to the desire to avoid legal expenses, the unpredictability of jury verdicts, or the emotional toll of a prolonged legal battle.
Dispute on Liability or Damages
The case will likely proceed to court if there’s a significant disagreement on who was at fault or the extent of your damages. The trucking company or their insurance company might feel they have a strong case and choose to defend their position before a jury.
Potential Compensation Amount
If a large compensation amount is at stake, the insurance company might be more willing to challenge the claim in court, hoping for a reduced judgment or a verdict in their favor.
Your Truck Accident Attorney’s Assessment
Allbee Law Firm will evaluate the merits of your case, the available evidence, and the stance of the opposing side’s case. We will explain your legal options and possible outcomes of proceeding to trial.
A “black box,” technically known as an Electronic Control Module (ECM) or an Event Data Recorder (EDR), plays a significant role in truck accident cases. Just as black boxes in airplanes record flight data, the black box in commercial trucks captures vital information about the truck’s operations and activities.
In essence, the black box serves as an impartial witness, providing data and evidence that can be vital in determining fault, understanding the circumstances of the crash, and supporting a victim’s claim. Given its importance, our Fort Worth truck accident lawyers prioritize accessing and analyzing this data when building a case:
The data retrieved from the black box can help recreate the events leading up to, during, and after a crash. Accident reconstructionists provide a more accurate and objective account of what happened.
Evidence of Fault
The black box can record data such as speed, brake usage, engine RPM, and throttle position. For instance, if a truck was speeding or failed to brake in the moments leading up to a crash, the black box data could prove invaluable in demonstrating negligence by the driver or trucking company.
The EDR can provide insights into drivers’ actions and patterns, such as hours driven without breaks. Understanding truck driver behavior can be critical in cases where driver fatigue or violation of hours of service regulations is a concern.
Some black boxes can also record data on engine performance and other maintenance-related metrics. If a malfunction or poor maintenance contributed to the accident, the EDR could offer supporting evidence.
Preservation of Evidence
The data on a black box is not permanent and can be overwritten. Consequently, in a truck accident case, attorneys often take early steps to preserve this evidence.
Corroboration or Challenge of Testimonies
Witness or driver testimonies may sometimes be unclear, inconsistent, or biased. The objective data from a black box can either support or refute such accounts, making it a potent tool in litigation.
Common Truck Accident Injuries
Truck accidents, given these vehicles’ sheer size and weight, often result in significant injuries, some of which can be life-altering.
Traumatic Brain Injuries (TBIs):
These can range from mild concussions to severe brain damage. The impact of a truck collision can cause the brain to move inside the skull, leading to bruises or torn tissues.
Spinal Cord Injuries:
Truck accident injuries can include damage to the spinal cord. This can result in partial or complete paralysis, depending on the damage’s location and severity.
The force of a truck collision can easily break or fracture bones, particularly limbs, ribs, and the pelvis.
The impact can cause damage to internal organs like the liver, kidneys, or spleen, which may not be immediately noticeable but can be life-threatening.
Lacerations and Abrasions:
Broken glass, metal shards, and other debris can lead to deep cuts or scrapes. While some may be minor, others can be severe, leading to significant blood loss or scarring.
If a truck is carrying hazardous materials, or if there’s a fire after the collision, truck accident victims can sustain burns ranging from first-degree to third-degree.
A rapid back-and-forth movement of the neck, often caused by rear-end collisions, can lead to whiplash. It can result in neck pain, stiffness, and reduced range of motion.
In extreme cases, the severity of the injury might require the amputation of a limb, or a limb might be severed during a truck accident.
Post-Traumatic Stress Disorder (PTSD):
Beyond the physical injuries, the traumatic experience of a truck accident can lead to emotional and psychological injuries, such as PTSD.
Let Allbee Law Firm Help You Seek Compensation
Free Case Evaluation
Finding the right legal help after a truck accident shouldn’t be a privilege—it should be accessible to everyone. Allbee Law Firm offers free case evaluation to truck accident victims in the Fort Worth area. With a free case evaluation, we ensure everyone gets a fair chance at justice. When the chips are down and you are overwhelmed, don’t let concerns about costs keep you from seeking the best representation. There are literally no out-of-pocket expenses required to speak with a Fort Worth truck accident lawyer at Allbee Law Firm.
Investigation To Establish Liability
When it comes to a Fort Worth truck accident, establishing liability can be the difference between a fair settlement and a prolonged battle. At Allbee Law Firm, we go above and beyond to pinpoint responsibility accurately. Allbee Law Firm’s legal team digs deep and ensures that every party responsible is held accountable. With our track record of proven results, you can be confident that your case is in the hands of professionals who prioritize your best interests.
No Win, No Fee Guarantee
Facing the aftermath of a truck accident can be daunting, but financial constraints shouldn’t keep you from seeking justice. Allbee Law Firm’s ‘No Win, No Fee Guarantee’ means you owe us nothing unless we secure compensation for you, and even then, we will only take a percentage of your settlement as our payment. You can trust in our commitment to champion your cause, knowing that our dedication is as invested in your victory as you are. It’s straightforward: Your win is our win!
Our Fort Worth Truck Accident Attorneys Are Ready To Help You
If you or a loved one has been involved in a truck accident in Fort Worth, you don’t have to face this challenging time alone. Contact Allbee Law Firm to represent you, ensuring you’re not shortchanged by insurance companies or overwhelmed by legalities. Your recovery, both physically and financially, should be your priority. Let us handle all the other aspects of your case, fight for your rightful compensation, and bring those responsible to account.
Don’t wait. Securing the best possible outcome and finding peace of mind starts with a simple phone call. Contact Allbee Law Firm today at (817) 244-6453 for a free consultation.