Due to their size and weight, when big rigs and 18-wheelers are involved in an accident, the potential for serious injuries and fatalities is extremely high. When semi truck drivers crash into passenger vehicles, the forces involved can be catastrophic.
If you have suffered injuries after an accident with a big rig or 18-wheeler, and it happened through no fault of your own, you should speak to an experienced truck accident attorney. They will investigate on your behalf, and find out who is liable so that they can pursue compensation for your pain and suffering and recover any damages you have suffered as a result of the accident.
Who Is Liable for Your Damages
Establishing liability is one of the most important jobs your attorney will carry out on your behalf. This is a complicated process, as there are several parties that may be responsible. In a normal car accident, the fault usually lies with one of the drivers, but in a commercial trucking accident, the trucking company may be responsible as well as the driver. n some situations, the mechanics who maintain the trucks or the manufacturer of the parts used on the truck may also be responsible.
Due to their severity, commercial trucking accidents have historically ended in large compensation payments awarded to victims. In response to this, the insurance companies that defend truck drivers now hire aggressive legal teams to protect them from liability.
The most common parties that are held responsible in a truck accident case are:
- The truck driver;
- The trucking company;
- The broker companies involved in the load being hauled;
- A mechanic’ and
- Manufacturer of parts used.
Our team has experience in pursuing compensation from each of the above parties. Even when facing the toughest insurance legal teams, we have won favorable outcomes for our clients following their accident.
Contact Abraham Watkins to Discuss Your Case!
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we know that suffering through an injury that was not your fault can be overwhelming. That’s why our personal injury lawyers are here to provide you with the aggressive legal representation and compassionate support you need.
We have been providing Texas residents with outstanding legal services for over 70 years and operate on a contingency fee basis so we are just as invested in achieving a successful outcome for you as you are. We also understand that injury victims often require support beyond the legal aspect of their case, and our team is here to provide you with the undivided personal attention you deserve.
To discuss your legal options and pursue maximum compensation, contact us for a free, no-obligation consultation today at 713-535-9319.
What Damages Can Be Recovered
In order to pursue compensation, your attorney will need to figure out how much you have suffered and what damages you have incurred as a result of the accident.
By calculating your damages and applying a multiplier to it based upon your pain and suffering, your attorney will have a figure they can use to negotiate a settlement with the other party.
The damages they will usually consider are:
Truck accidents are traumatic and can leave victims with serious life-threatening, life-changing injuries. This means that truck accident victims will normally have to take a prolonged period off work. This allows them to receive treatment and fully recover from the injuries before they return to work.
Unfortunately, many workers do not receive any wages during this time, and this loss of earnings can leave them financially uncertain while they wait for their cases to complete.
In a successful case, your attorney will recover all of your lost wages and will pursue compensation for all of the wages that you may stand to lose in the future.
In the event that you have suffered injuries that mean you will never be able to work in the same capacity again, your attorney may pursue a lifetime of earnings that you will now miss out on to cover you financially for your losses as a result of the accident.
Large truck crashes tend to involve extreme force and impact due to the size and weight of large trucks and tractor-trailers. This means that the injuries are often more severe than regular car accidents.
For those that have been injured, there may be the need for expensive medical procedures and treatment to save their lives or to treat their injuries. Medical care like this is extremely expensive, and even those with strong healthcare and medical coverage or good insurance companies may find their coverage is exceeded quickly.
Victims may be left without a means to pay for their treatment until the case is completed, and this can cause anxiety for the victim.
Fortunately, if the accident was not your fault, you should not be left responsible for your medical expenses, and if your case is successful, your attorney can recover all of your medical expenses and costs.
If you are going to require long-term treatment, your compensation should cover this as well.
Pain and Suffering
Your pain and suffering damages are usually the most substantial damages you will claim when significantly injured in a trucking accident. These damages are to compensate you for what you have been put through, both the pain and the emotional trauma from the accident and your injuries.
Pain and suffering should cover any physical injury resulting from the accident, including fractures, torn ligaments, and whiplash, this is referred to as physical pain. Psychological harm, including fear, anxiety, and depression, is referred to as mental anguish. Permanent disfigurement due to the accident, including scars, burns, and amputations, is referred to as disfigurement. Loss of enjoyment of life due to the accident, such as being unable to partake in activities previously enjoyed, is referred to as loss of enjoyment of life. Lastly, losses suffered by the victim’s family, such as loss of companionship and affection, is referred to as loss of consortium.
Wrongful death is a tragic occurrence that can happen in any kind of accident, including a Texas trucking accident. When a person is killed due to the negligence or intentional act of another person or entity, such as a trucking company, it is considered a wrongful death.
In Texas, the family of a person killed in a trucking accident may be able to file a wrongful death lawsuit against the responsible party. In a Texas trucking accident wrongful death lawsuit, the family of the deceased may be able to recover damages for the economic losses and emotional suffering caused by the death of their loved one.
These damages may include medical expenses, funeral costs, lost wages, pain and suffering, mental anguish, and other economic damages, such as loss of inheritance or loss of financial support.
Additionally, the family may be able to pursue punitive damages, which are intended to punish the responsible party for their negligent or intentional act. Punitive damages may also be awarded to deter similar acts in the future. In order to pursue punitive damages, the family must prove that the driver or trucking company acted with gross negligence or intentional misconduct.
It is important to keep in mind that each wrongful death case is different, and the amount of damages a family may be entitled to recover will depend on the circumstances of their case. If you have lost a loved one in a Texas trucking accident, it is important to consult with a wrongful death lawyer to discuss your legal options.
Common Types of Large Truck Accidents/Semi Truck Accidents
A rollover truck accident is a type of traffic collision in which a large commercial truck, such as an 18-wheeler, tips over onto its side or roof due to a combination of factors such as excessive speed, slippery road conditions, improper loading, and driver error. Rollover truck accidents can cause serious injuries to both the driver and other motorists, and can result in extensive damages.
A jackknife truck accident is a type of truck accident that occurs when the trailer of a large truck, such as a semi truck, swings out and forms an angle with the cab of the truck, resembling the blade of a folding pocket knife. This type of accident is most often caused by excessive speed, bad weather, or driver error.
A runaway truck accident is an accident caused by a truck that begins rolling on its own and gains momentum due to a lack of brakes or other mechanical failure. The truck can cause significant damage and injury as it careens out of control down a hill or roadway.
The cargo that a truck was carrying in an accident can be just as deadly as the truck itself. If the truck was carrying heavy loads of individual objects, they could fly out of the truck, causing serious injury or death.
If the truck was carrying hazardous chemicals or fuel, then the results can be catastrophic.
Common Causes For a Semi-Truck Accident
The potential dangers of trucking operations that can cause accidents include distracted driving, falling asleep at the wheel, driving under the influence (DUI), unqualified or dangerous truck drivers, inadequate inspections by trucking companies, poor truck maintenance by trucking companies, failure to follow safety regulations, speeding, aggressive driving, negligent truck drivers, and improper loading or securing of cargo.
If you or a loved one has been injured or killed in a serious trucking accident, we highly advise that you speak to a commercial truck accident attorney. Fighting against the insurance companies that defend truck drivers is a monumental task, and should not be done alone.
Our truck accident lawyers know how to approach cases just like yours, and this means we know how to begin assigning liability for serious injuries.
Common Injuries Caused in Truck Accidents
- Head injuries.
- Internal organ damage.
- Internal bleeding.
- Spinal cord injuries.
- Traumatic brain injuries.
- Neck injuries.
- Back injuries.
- Broken bones and fractures.
- Bruises, burns, and lacerations.
Contact Abraham Watkins Today!
Abraham, Watkins, Nichols, Agosto, Aziz & Stonger has been representing clients throughout the state since 1951, and our attorneys are among the most highly regarded in the nation. Our initial consultation is free of charge and without obligation, and if you choose to work with us, we’ll take your case on a contingency fee basis, ensuring that you only pay if we achieve a positive outcome.
Call us today to discuss your case at 713-535-9319.
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If you have additional questions about your accident or injuries – or if you wish to speak to one of our attorneys about your legal options – please complete our online contact form or call our Houston law office at 888-261-8831 or 713-244-5486.
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