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Accidents Involving Swift Transportation

September 16th, 2015 by

HAVE YOU OR A LOVED ONE BEEN INJURED OR KILLED AS A RESULT OF AN ACCIDENT INVOLOVING SWIFT TRANSPORTATION?

Swift Transportation operates as a transportation company in North America and throughout Texas. Swift operates approximately 18,836 tractors comprising 13,882 company tractors and 4,954 owner-operator tractors; 61,652 trailers; and 9,150 intermodal containers from 40 terminals near key freight centers and traffic lanes. Swift Transportation Company serves various customers primarily in the retail, food and beverage, consumer products, paper products, transportation and logistics, housing and building, automotive, and manufacturing industries. The company was founded in 1966 and is headquartered in Phoenix, Arizona.

In the last two years, crashes reported to FMCSA by states are as follows:

Crashes:

Type               Fatal                Injury              Tow                Total

Crashes           54                    568                  1352                1974

If you would like to review the safety information for Swift Transportation, you may click here.

We have successfully handled cases involving Swift Transportation and have the knowledge and experience to represent you. If you or a loved one has been injured in a trucking accident in Texas, we may be able to help you recover compensation for your injuries and damages. The process of collecting damages in a trucking accident from the party at-fault for your accident can be complicated; however, our auto accident attorneys have the experience needed to navigate these types of claims.

How Our Swift Transportation Accident Attorneys Can Help You?

If you have been injured or lost a loved one in a truck accident, there are a number of parties, including the truck driver and their employer, who may be liable for your injuries and damages; however, it is not uncommon for these parties to deny fault or liability for a collision. An attorney can help establish liability, collect evidence and help ensure compensation is sought from the appropriate parties.

Following a crash, the trucking company and their insurance company will start an investigation of the scene. These companies have specific and detailed procedures on handling truck accident claims designed to limit the recovery of those injured in the crash. They may record statements from witnesses, take photos of the accident scene, and examine the vehicles to determine the extent of damage caused by the crash. Investigators with the State of Texas may also launch their own investigation. Our truck accident attorneys also work with specialized experts to assist in complimenting the official investigation.

Our legal team of attorneys and paralegals can:

  • Review camera or video footage  (if available);
  • Interview various witnesses;
  • Review the truck accident report;
  • Review relevant medical records;
  • Interview medical staff and other witnesses on the extent of the damages; and/or
  • Consult with various experts to reconstruct the accident scene and establish damages.

There are a number of parties who could be responsible for the injuries and damages in a trucking accident, including the following:

  • Truck driver;
  • Truck driver’s employer;
  • Owner of the truck;
  • Company leasing the truck;
  • Owner of the trailer;
  • Company leasing the trailer; and/or
  • Manufacturer of the truck, trailer, or various components.

To help determine liability, our attorneys may investigate:

  • The party which had control and truck;
  • Driving logs and driving records;
  • The amount of control the trucking company had over the driver;
  • The driving history of the truck and trailer;
  • Maintenance records and inspection records;
  • Violations of federal and Texas state laws regarding driving regulations;
  • Past violations of Texas state and federal trucking laws; and/or
  • Past criminal convictions.

To collect compensation for the remainder of your losses, as well as other damages, your auto accident lawyer may have to engage in insurance negotiations and potentially, file a truck accident lawsuit. Additionally, if you have lost a loved one in a truck accident, you may have the right to institute a wrongful death suit.

Injuries in Trucking Accidents

Injuries sustained in truck accidents can be severe, including traumatic brain injuries, spinal cord damage, physical disfigurement, various types of burns, broken bones, lacerations, total or partial paralysis or even death.

Negligence in Trucking Accidents

Lawsuits filed to recover compensation for injuries and damages sustained in a trucking accident may be based the negligence of the driver and/or company. Some common indications of negligence include:

  • Poor driving experience;
  • Overloading trucks and trailers;
  • Operating oversized trucks and trailers on narrow roads;
  • Failure to see other vehicles;
  • Failing to obey traffic laws in Texas; and/or
  • Driving for too long without taking a break leading to driver fatigue.

In a negligence lawsuit, the injured party will have to show the truck driver and/or trucking company had a duty of care to others on the roadway, the driver breached this duty through some action or inaction and the breach of duty proximately caused the injury.

Wrongful Death in Trucking Accidents

Many times, the victim does not survive the crash with an 18-wheeler.  In some cases, the family may bring a claim on behalf of their loved one to recover compensation for their losses. Truck accident attorneys from Clay Jenkins & Associates can help family members recover economic, non-economic, and, in certain cases, punitive damages for the loss of their loved one.Our truck accident attorneys will fight to ensure you receive fair compensation for your injuries and financial losses.

The Damages That Can Be Recovered in Trucking Accident

Compensation for injuries and damages resulting from a trucking accident is typically separated into two categories: economic and non-economic. Punitive damages may also available depending on the circumstances.

The damages from a trucking accident may include the following:

  • Current (Past) Medical Expenses: This may include fees for emergency room visits, hospital care, surgery, assistive devices and appointments with approved medical professionals.
  • Future Medical Expenses: In many cases, the injuries sustained in truck accident are so severe that they will require extended medical attention and care.
  • Lost Wages: Some injuries may be so extensive that they prevent the victim from returning to work—permanently or temporarily. The law permits recovery of compensation for the wages lost between the time of injury and the conclusion of the lawsuit.
  • Loss of earning capacity: If the victim can demonstrate that their ability to earn a living has been negatively impacted, compensation may be available. While past wages are considered in determining the amount of this award, the awarding party will look to establish the amount victim could have earned had the car accident not occurred.
  • Pain and Suffering: This includes compensation for the physical pain suffered as a result of injuries sustained in the crash. The nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer are all included in the calculation of the award.
  • Mental Anguish: Victims can also be awarded for emotional pain suffered as a result of their truck accident. Mental anguish damages compensate the victim for fright, embarrassment, nervousness, worry, grief and other forms of emotional distress caused by the accident.
  • Loss of Consortium: If the truck accident lawsuit is successful, the uninjured spouse may be able to recover damages for loss of marital benefits, including companionship, sexual relations, affection and comfort.
  • Punitive damages may be applicable if the defendant’s actions causing the injury were willful, malicious, or intentional. Punitive damages serve to punish the offender and dissuade similar behavior in the future.

If you have been in a truck accident in Texas, contact an auto accident attorney as soon as possible. There is a limited time you have to file an insurance claim and/or bring a claim against another party. To learn how our truck accident attorneys may be able to help you, please fill out our no cost case review form today.  Contact us now to learn your rights after a trucking accident.