Truck Accident Lawyers
Truck Accident Lawyers
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"I highly recommend attorney Fred Willumsen. He is professional, thorough, forthright, and kind. He communicated well throughout the process, took the time to answer any question I had, told me just how things were, whether good news or bad. He advised well on decisions I needed to make, and his support team did a great job in helping to navigate and resolved my case with the best results possible. Thanks again, Fred!"– A.M.
I worked with Donal McRoberts and I can say without hesitation that he is one of the most caring and hardworking people I know. He helped me through the absolute worst time in my life. Not only with my case but he made sure I was getting the medical help I needed too. I could never thank him enough for all he did. He protected me the whole time, never letting myself or anyone else put me in a position that could hurt me (mentally). If you are looking for someone to be on your side whether it is be a quick case or a long haul Donal is who you need hands down.– Abby F.
I love this law firm Dominic went above and beyond for my case, everything went very well. I’m so thankful for all of the help they gave me.– Breanna S.
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Truck Accident Lawyers
With Personal Injury Law Offices in Houston and Katy
The loss of a loved one to a drunk driver is never easy, but when the crash could have been prevented, it is even more unbearable. If you have been injured or you are grieving the death of a loved one, we are so very sorry. Our Texas wrongful death and drunk driving attorneys cannot know your grief, but they want to bring you some peace of mind by getting you the justice and compensation you deserve. Call us today for your free consultation.
How to Tell if You Have a Case
Every hour of every day, week, month, and year, a human being is killed by a drunk driver in the U.S. Losing a loved one is traumatic under the best of circumstances but if you think the death could have been prevented, it is understandable to want to investigate and get answers.
Very often, the drunk driver consumed the alcohol at a restaurant or bar and most States have rules that are intended to protect the public from drunk drivers leaving restaurants and bars and causing death and destruction. In order to serve alcohol, a restaurant or bar has to secure a liquor license, which requires that the restaurant or bar comply and follow certain rules to protect the public.
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However, very often these rules are violated in order for the restaurant or bar to make additional profit by selling more alcohol, including to those customers who are obviously drunk. When a restaurant or bar puts profits over safety, the public suffers the consequences.
In Texas for example, the Dram Shop Law requires a restaurant or bar to stop serving alcohol to anyone who is obviously intoxicated. If this rule is violated and the customer kills someone on the way home, the restaurant or bar can be held legally responsible. However, it is critical that you hire a lawyer immediately since the evidence needed to prove such a case is usually in the possession of the restaurant or bar. This evidence includes video footage from the restaurant or bar, eyewitness or employee statements, and the tab or receipt showing the number of drinks served to the drunk customer. Many times, this evidence mysteriously “disappear” if you wait too long to hire an attorney to properly notify the restaurant or bar to preserve the evidence and to notify the State agency responsible for enforcing the liquor license laws.
If you or a loved have been injured by a drunk driver, contact our Texas attorneys as soon as possible to find out if you have a claim. Our attorneys will take the time to go over the details of your case with you and advise you on possible compensation for your loss. Your lawyers will investigate the restaurant or bar that may have overserved the drunk driver and give you the answers you are looking for.
What’s the Value of Your Truck Accident Case?
If you’re considering opening a truck accident case, it’s understandable to want to know what the case is worth. The answer will hinge on many factors, including the details of your specific case and the strength of the evidence against the liable party. Our lawyers know how to investigate and record evidence in truck accident cases to build a solid foundation for your case. The sooner they can begin, the stronger your case will be. If you have questions about the value of your truck accident case, contact our Truck accident lawyers today. We’re here to help you get the compensation you deserve.
What Type of Damages Are Available?
When pursuing damages in a truck accident case, two types will be considered. The first is economic. Like it sounds, this type has to do with damage you have incurred to your financial circumstances, by way of medical expenses and lost wages due to inability to work now and in the future. These things can be estimated based on information you already have, such as accident-related medical bills and pre-accident wage information.
Non-economic damages are more subjective, and they things like the emotional impact of the accident, pain and suffering, and loss of the quality of life now and in the future. These things may be more difficult to quantify but are no less important than economic damages.
Your truck accident lawyers know how to pull all of this information together to ensure that you receive as full and fair compensation as possible for your losses. Ask our truck accident lawyers if you have questions about the types of damages available for your case, including whether the circumstances make punitive damages an option. These are intended to punish the liable party if they acted in bad faith, for example, if they were blatantly reckless, dishonest, or intended to harm.
Is There a Limit on Damages for My Case?
Some states place a limit, or cap, on certain types of compensation. In some States, the limit on the time period allowed to file a truck accident claim is two years from the date of the accident. Some States have shorter time limits; therefore, you should hire a truck accident lawyer as soon as possible.
If the case is being brought against a government entity or employee, the window is even smaller and you may have only six months to file a claim. In addition, the claim cannot be filed against the state government as a whole, but must be filed against the specific government department or entity involved in the accident. If you have questions about filing a case against a party or department that is affiliated with the government, contact our truck accident lawyers as soon as possible for your free consultation.
Who Are the Liable Parties in a Trucking Accident?
The many potential liable parties involved in a trucking accident make truck accident cases more challenging than a collision that is between two cars. Here are some of the potentially liable parties:
- The owner of the truck/trailer
- A local government or contractor that works in highway maintenance or design
- The cargo loader
- The truck manufacturer/parts manufacturer
- The truck driver.
Even though the truck driver works for a trucking company, the driver can be sued if the accident was caused by speeding, distracted driving, or fatigued driving— behaviors which are considered negligent. The driver can also be considered at least partly negligent if the accident involved a maintenance issue or cargo that shifted, unbalancing the load. Both the correct loading of cargo and the inspection of the trucks are often responsibilities of the driver. Even if this is the case, your lawyer will likely consider including the trucking company in the claim or another liable parties, as the driver’s insurance may not be sufficient to provide adequate compensation.
Do I have a Case if the Driver Owns the Truck?
The short answer is Yes. The court will determine who is liable after assessing the relationship between driver and trucking company. Even if the driver is determined to be an independent contractor, this won’t necessarily excuse the trucking company from liability.
A few of the questions that factor in to deciding whether or not the trucking company is liable in addition to the driver are:
- Is the arrangement between driver and trucking company exclusive, or can the driver have contracts with other trucking companies?
- Can the driver refuse to haul a particular load, or must they accept all assignments?
- Is the driver’s schedule set by the trucking company with regard to routes and hours?
- How much control does the company exercise over the driver?
- How is the driver paid by the trucking company?
- Does the trucking company hide behind the driver’s status as an independent contractor to protect it from liability even despite the driver fulfilling all the same duties that would be performed by an employee?
Federal law states that the company that owns the trucking permit is responsible for the accidents of trucks that display the company name, sign, or DOT number. This is true whether the driver is an independent contractor or employee.
If you have questions about who the liable parties are in a trucking accident that you were injured by, contact our truck accident lawyers for a free consultation.
Making a Case for Success
While there are many elements of a trucking accident injury that make these cases unique, there are things that are important to remember whether your accident is with a commercial truck or a car. Keep these common mistakes in mind to help ensure you have the strongest truck accident case possible.
Don’t Skip the Medical Check
Right after an accident with a truck, some people don’t realize they are injured, and they put off going to the emergency room or skip it entirely. This is a mistake, both for safeguarding your health as well as for the strength of your case.
The stress and trauma of an accident can leave you somewhat desensitized because of the stress hormones flooding your body. While these were meant to give you a burst of energy in the days when running from a saber-toothed cat was a very real necessity, it can also make you less sensitive to pain right after an accident. If you skip the hospital as a result, the health risks can be significant. You are the primary concern immediately following an accident, so don’t talk yourself out of getting checked out by medical professionals right away.
Going to the hospital has the additional benefit of establishing a timeline and record of the accident. Believe it or not, the insurance company will probably capitalize on your failure to seek medical attention after an accident, using it as evidence that you weren’t injured to the degree you claim. If you wait too long, they may even get away with saying you weren’t injured on the day of the accident. Any injuries you do exhibit could have happened in the days or weeks following the accident, they might claim.
Don’t give the insurance company the wiggle room to get away with sliding out of paying you the compensation you deserve. Another way to prevent them from doing this is to avoid the mistake of giving them a recorded statement after the accident. They will almost certainly attempt to speak to you. The insurance company is not being friendly— they are working to gather information they can use to reduce the value of your claim or shut it down entirely. Even if a recorded statement you provide doesn’t necessarily reduce the value of your claim, they can use what you’ve said to make you think it will, and try to get you to commit a third mistake, accepting a lowball settlement.
When you are still trying to get your life back to normal after a traumatic accident with a commercial truck, you can count on feeling vulnerable. You will likely be healing emotionally as well as physically. The overwhelmed, vulnerable place you are in is not a place from which to deal with the insurance company. Your best bet is to not even speak to them. Our truck accident lawyers are experienced in anticipating and dealing with insurance company tactics. Call us today and let us communicate with them for you. We want to protect your rights and get you the full and fair compensation you deserve.
Call Our Truck Accident Lawyers
When you are devastated by a serious injury or the death of a loved one that could have been prevented, it is important to contact an experienced attorney to discuss the specific circumstances involved and your options for an injury or wrongful death claim. Such cases are intricate and require research, strategy, negotiation, and familiarity with the ever-changing aspects of the law.
Our Texas drunk driving attorneys have helped people just like you get the full, fair compensation they deserve for their families. We are dedicated to protecting your rights and bringing you justice. Let us bring you peace of mind during this difficult time and level the playing field against the restaurant or bar and their insurance company. Call today for your free consultation.