Waxahachie Truck Accident Lawyer
If you or a loved one has been injured in a trucking accident in Texas, seeking help from a truck accident attorney may come in handy to retrieve compensation for your injuries and damages. The procedure of taking in amends in a trucking accident can be tiresome; nevertheless, our auto accident attorneys have the knowledge required to direct these cases of claims.
Having an advocate by your side could help you build a strong personal injury case. Let a Waxahachie truck accident lawyer with Clay Jenkins & Associates serve you during your pursuit of fair compensation.
How Can Our Truck Accident Attorneys Help You?
If you or your loved one were injured or killed in a truck accident, you should know that the parties involved are many. Including the driver of the truck and their employing company, who may be responsible for your injuries and damages; still, it is not rare for these companies to refuse blame or responsibility for the accident . The attorney will help in instituting responsibility, collecting evidence and ascertain compensation is looked for from the responsible parties.
Shortly after a crash, the owning company and their insurance firm will begin an enquiry of the scene. These firms have particular and elaborate methods on dealing truck accident claims contrived to restrain the recuperation of those hurt in the crash. They might register statements from spectators, click pictures of the scene of the accident, and analyze the vehicles to decide the level of damage made by the crash. Investigators with the State of Texas may also be set in motion with their own probe. Our truck accident attorneys also employ experts to aid in helping the investigation by the authority.
Our legal team of attorneys and paralegals can:
- Analyze available video evidence (surveillance or dashboard cameras).
- Interview various witnesses;
- Review the truck accident report;
- Review relevant medical records;
- Question emergency response staff and other witnesses on the extent of the damages; and/or
- Reconstruct the accident scene with help from experts and establish damages.
Determining the Responsible Party in Your Waxahachie Truck Accident Case
There are various parties who may be responsible for the injuries and damages in a trucking accident, including/not limited to the following:
- Truck driver;
- Truck driver’s employer;
- Proprietor of the truck;
- Company that was leasing the truck;
- Proprietor of the trailer;
- Company that was leasing the trailer; and/or
- Manufacturing company of the truck, trailer, or various components.
To help define responsibility, our attorneys might inquire:
- The party with control over the truck;
- Logs and driving records;
- The amount of command the trucking company had on the driver;
- The driving history of the truck and trailer;
- Maintenance records and inspection records;
- Infractions of federal and Texas state laws regarding driving regulations;
- Past violations of Texas state and federal trucking laws; and/or
- Past criminal convictions.
To gather recompense for the rest of the losses sustained, as well as other amends, your auto accident attorney may have to pursue lot of debates and talks and likely, file a truck accident lawsuit. If a loved one was killed in a truck accident, you may file a wrongful death suit.
Injuries in Trucking Accidents
Injuries suffered in truck accidents may be grave, including painful brain injuries, spinal cord injury, physical disfigurement, various types of burns, fractured bones, wounds, total or partial paralysis or death.
The extent of your injuries will play an important role in determining what your case might be worth. However, your response to these injuries could also impact your civil lawsuit. It is necessary to not only seek out medical care for your injuries but also to follow the treatment plan the doctor has ordered.
The failure to follow your treatment plan could have consequences. In addition to the risk of worsening your condition or slowing your recovery, you could put any future civil claims at risk. It is your obligation to mitigate your damages. If you fail to prevent your injuries from worsening, the insurance company could use this inaction as a reason to diminish your potential settlement.
Negligence in Trucking Accidents
Lawsuits lodged seeking compensation for damages and injuries suffered in a trucking accident may be grounded on the carelessness of the driver and/or company. Some indications of neglect include:
- Poor driving experience;
- Overloading trucks and trailers;
- Running oversized trucks and trailers on narrow roads;
- Lack of visibility;
- Neglecting traffic laws in Texas; and/or
- Long drives without break, leading to driver fatigue.
In a negligence suit, the plaintiff will have to show that the truck driver and/or owning company had to care for others on the roadway, the driver failed to do this duty by some activity or inactivity and the infraction of duty proximate caused the injury.
Wrongful Death in Trucking Accidents
Many times, the victim does not make it after the crash with an 18-wheeler. In some of these cases, the kin of the deceased may add a claim in place of their beloved, to be compensated for their losses. Truck accident attorneys from Clay Jenkins & Associates can assist family members recoup financial, non-financial, and, in some cases, punitive damages for the loss of their beloved. 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 Case
Compensation for traumas and amends ensuing a trucking accident is generally classified into two categories: economic and non-economic. Depending on the circumstances, punitive damages may or may not be available
The damages from a trucking accident may include the following:
- Current (past) medical expenditure: These may be including payment for emergency-room admissions, hospitalization, surgical operation, aid devices and appointments with certified medical professionals.
- Future medical expenditure: In more than a few cases, the accidental injuries suffered in truck accident are so grave that they will need extensive medical attention.
- Lost wages: Few injuries may be so profound that they keep the victim from rejoining work—temporarily or permanently. The law allows retrieval of compensation for the pays missed among the duration of injury and the close of the lawsuit.
- Loss of earning capability: If the victim can show that their power to make sustenance has been adversely affected, compensation may be provided. Since past salaries are studied in deciding the sum of this award, the awarding company will look to base the sum victim could have made if the truck accident never occurred.
- Pain and suffering: The physical pain suffered by the injured, as a result of the crash can be compensated. The level of the pain, type of the injury, and the duration the victim is anticipated to endure are all incorporated in the computation of the amount.
- Mental anguish: Compensation can also be sought for emotional torment endured resulting from the truck accident. Scare, embarrassment, nervousness, depression, grief and other forms of emotional distress caused by the accident are included in the mental anguish suit.
- Loss of consortium: If the truck accident lawsuit is victorious, the unimpaired partner can recoup compensation for expiration of marital welfare, counting fellowship, sexual congress, tenderness and comfort.
Punitive damages are relevant if the respondent’s actions making the harm were self-willed, vicious, or deliberate. Punitive damages attend to penalize the wrongdoer and deter alike conduct in the time to come.
Truck Accidents and the Statute of Limitations in Texas
Every truck accident injury case in Texas must comply with the statute of limitations, and your case is no exception. The statute stems from common law and has long served as the formal deadline for civil lawsuits. This deadline not only varies from one state to another, but it also differs between the types of cases filed in Waxahachie.
If you are injured in a truck accident in Waxahachie, you generally have two years from the date of the crash to file your case, according to Texas Civil Practice and Remedies Code § 16.003. Some exceptions—like if the injured party is a minor—could extend this deadline beyond the two-year window. However, most cases must be filed within two years. This deadline is the same for personal injury and wrongful death cases alike.
Should you not comply with the statute of limitations, the most likely outcome is the court will dismiss your case with prejudice. A dismissal with prejudice means that not only is your case dismissed, but you are also barred from ever pursuing it again. Our firm could help you avoid this outcome.
How Much Does a Truck Accident Attorney at Our Firm Cost?
You might be surprised to learn that you could pursue compensation for your truck accident injuries without any upfront or out-of-pocket legal fees. Our firm collects our fee based on something known as a contingency basis.
Under this fee structure, we keep a portion of what we recover on your behalf. We only get paid if you do. This way, you don’t have anything to lose when you retain our services.
Discuss Your Options for Compensation with Our Firm Today
If you were in a truck accident in Dallas or Ellis County in Texas, contact an auto accident attorney as fast as possible. The time you have to file a claim and/or add a claim versus some other party, is very limited. To discover how our truck accident attorneys in Dallas and Ellis county in Texas can help you, please complete our no-cost-case-review form today.
Contact us now to find out your rights after a trucking accident. You could learn about your options during a free consultation with our team today.