As a hub of the energy industry, this area sees a lot of truck traffic. When trucks are involved in collisions, they cause more than their fair share of serious injuries and death.
When you suffer injuries in a truck accident that was not your fault, you can hold the truck driver, their employer, and sometimes others liable for your injuries. However, you will need a skilled personal injury attorney to get the compensation you deserve.
The trucking industry works hard to limit their liability when a truck causes a serious wreck. A Midland truck accident lawyer can build and present a strong case for compensation.
Tractor-trailers can outweigh passenger vehicles by a factor of 20:1. A collision with a large truck can destroy a smaller vehicle. Truck accidents are often fatal and survivors may have serious injuries. Some injuries commonly sustained in collisions with trucks include:
Truck accident survivors might also experience psychological injuries such as severe anxiety or post-traumatic stress disorder.
Anyone hurt in a truck accident may require significant medical intervention and a long rehabilitation period. They may not be able to return to work for weeks, and some injuries lead to permanent disability. The financial consequences of staggering medical bills and reduced income are a source of stress for many injured people and their families. A Midland attorney can assert a claim against the trucking company and any other negligent parties seeking compensation for the injured person’s losses.
Anyone seeking compensation for injuries must prove that someone else—the defendant—was negligent. In most circumstances, a person, company, or government entity is negligent if it fails to use reasonable care to prevent harming others, and someone gets hurt because of the failure. However, transportation companies and their drivers must meet a more stringent standard.
Trucking companies and the drivers they contract with or employ must use the utmost care to avoid injuring others using the roads. Any deviation from best safety practices could be evidence of negligence.
A Midland, TX attorney could review the trucker’s log to determine whether they adhered to the federal working hours requirements. They could examine the truck’s maintenance record for evidence of deferred maintenance and determine whether the delivery schedule was realistic. Issuing subpoenas for the truck’s in-cab video and electronic data system can also reveal evidence of negligence.
Someone who suffered injuries in a truck crash is entitled to compensation for their out-of-pocket losses like medical treatment, rehabilitative services, lost wages, diminished future earning capacity, and all the incidental expenses they incur due to the injury. They also can seek financial compensation for their pain, disability, mental suffering, disfigurement, and reduced quality of life.
Negotiations between a Midland attorney and the trucking company take place over several months. It is critical for an injured person to engage a legal representative as quickly as possible. Texas Civil Practice and Remedies Code § 16.003 requires an injured person to file a lawsuit within two years. The threat of a lawsuit is leverage that can persuade the trucking company to make a reasonable settlement offer.
Trucking companies have commercial insurance policies with high coverage limits, but in the case of severe injury, the policy limits might be insufficient to cover an injured person’s losses. There are often other potentially liable parties such as vehicle manufacturers, other drivers, and even the state or local government. Asserting claims against every party who might have contributed to the accident can help ensure a severely injured person obtains the maximum available compensation.
When you or a loved one are injured in a truck accident, it is critical to obtain legal representation immediately. The transportation industry is powerful, and their lawyers and insurance adjusters will not provide fair compensation unless you fight for it.
A Midland truck accident lawyer understands the law and knows the transportation industry. They can employ their knowledge and skills to ensure you receive the most generous compensation available in the circumstances. Get started today.
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