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Q: How Do I Prove Negligence After a Truck Accident in Texas?

Duty – The first element requires showing that the defendant had an obligation (duty) to act reasonably under the circumstances. In this case, all truck drivers have a duty to follow traffic laws and drive safely to avoid causing harm to others on the road. Breach of Duty – The second element is proving that the defendant breached their duty by not acting reasonably under the circumstances. An example would be running a red light or speeding. Causation – Next, you must prove causation between the breach of duty and the resulting injury caused by the truck driver’s action or omission. If you were in an accident with a truck and were hit because they ran a red light, your attorney should be able to establish causation with medical records and expert witness testimony, among other evidence. Harm/Damages – Finally, you must prove that you suffered some form of harm due to this accident, such as physical injury, emotional injury, and property damage. If you can prove each of these legal elements “by a preponderance of the evidence,” you will be well on your way to establishing liability.

If you’ve been injured in a truck accident in Dallas, Texas, you may have grounds to pursue an insurance claim or a personal injury lawsuit, which can help you recoup some of your losses. Contact us at Jay Murray Car Accident and Truck Accident Lawyers to schedule a free consultation with a Dallas truck accident attorney at (214) 855-1420.

Jay Murray Car Accident and Truck Accident Lawyers has been fighting for injured victims and their families in Dallas for over 20 years. Our attorneys have recovered millions in compensation for our clients in personal injury cases.

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How Jay Murray Car Accident and Truck Accident Lawyers Can Help After a Truck Accident in Dallas

We understand how traumatic truck accidents can be, and we make sure to give each client our full attention. Jay is different than most trucking lawyers. He actually goes to the scene himself in every trucking case and personally attends the inspection of every tractor-trailer.

Here’s how we can help if you’ve been injured in Dallas:

We can gather and review all relevant evidence to build a case as to why you are entitled to compensation from the truck driver or other parties.
We will be available any time to answer questions and keep you updated about your case.
We can pay for all costs associated with litigating your case, such as hiring necessary accident reconstruction experts and court filing fees. This means you don’t have to worry about paying expensive fees out of pocket.
We will handle all communications and negotiations with the insurance companies so that you don’t have to.

If you are in an accident with a truck driver, the first person the driver will call is the trucking company. The trucking company and its insurers will immediately send teams of attorneys and investigators to the scene. They’ll use their vast resources to undermine your claim and pay as little compensation as possible.

It’s important to hire a qualified lawyer as soon as possible after your truck accident. Your lawyer will give you access to winning resources, such as paralegals, investigators, and experts. They will protect you from underhanded insurer tactics designed to weaken your case, and they’ll work to maximize the value of your claim.

If you need help with a truck accident claim in Dallas, Texas, contact Jay Murray Car Accident and Truck Accident Lawyers to schedule a free consultation to discuss your truck accident case with a Dallas personal injury lawyer.

How Common Are Truck Accidents in Texas and the United States?

Accidents involving large trucks are unfortunately quite common, often leading to death and serious injuries. A few key truck accident statistics include:

In the United States as a whole, there were 4,842 large trucks involved in fatal crashes, according to the National Safety Council (NSC)
In 2021, there were 536 trucks involved in fatal crashes in the State of Texas alone, based on data from the Texas Department of Transportation (TxDOT)

These data only reflect fatal accidents, not those resulting in injuries or property damage only.

What Is My Dallas Truck Accident Case Worth?

If you’ve been involved in a truck accident and are considering filing a claim, there are several important factors to consider.

The following are some of the most crucial factors that influence the value of your case:

Severity of Injuries & Medical Expenses

The severity of the injuries you sustained will play a significant role in determining the value of your case. Common injuries following truck accidents include broken bones, whiplash, spinal cord damage, traumatic brain injury (TBI), paralysis, and even death. The more serious your injuries, the higher your claim will likely be due to higher medical bills and potential long-term health complications.

Emotional Injuries

In addition to physical injuries, you may also suffer from mental anguish or emotional distress due to being involved in a truck accident. This could include depression, anxiety, or post-traumatic stress disorder (PTSD). These damages are also compensable and should be considered when evaluating your case’s worth.

Missed Work/Lost Wages

Additionally, suppose you had to miss work due to your injury or were prevented from working altogether because of it. In that situation, those lost wages can also be factored into the equation, as can any related medical expenses incurred due to the accident.

Insurance Coverage & Liable Parties

It’s also important to determine who was at fault for the accident and what type of insurance coverage is available. When you’re involved in an accident with a truck, there might be multiple liable parties, including the truck driver, their employer, or someone else responsible for the truck’s maintenance.

What Kind of Damages Are Available to Accident Victims?

Victims of Dallas truck accidents may be eligible for both economic and non-economic damages. Economic damages are those that cover tangible losses such as medical treatment costs and lost wages due to time off work while recovering from an injury.

Non-economic damages refer to intangible losses such as emotional distress or pain and suffering caused by the accident. In some cases, punitive damages—which are meant to punish wrongdoers—may also be awarded in certain circumstances.

Can I Recover Compensation If I’m Being Blamed For a Truck Accident in Texas?

If you were recently involved in a truck accident in Texas and are being blamed for the crash, you may wonder if you can still recover compensation. The good news is that you may still be able to – as long as you weren’t more than 50% at fault.

In the State of Texas, comparative fault is used when assigning liability and damages after a truck accident. This means that an injured party will not be barred from recovering compensation just because they played a role in causing the accident. Instead, the damages awarded will be reduced by the percentage of fault attributed to them.

For example, if an injured party was found to be 20 percent at fault for a crash that caused $100,000 worth of damages, they would still receive 80% of that, or $80,000. On the other hand, if they were found to be 51 percent or more at fault for the crash, then they would not be able to recover any money at all.

We’ll Fight To Recover Compensation for All Of Your Truck Accident Injuries

All truck accidents are different, but there are shared qualities in many of them. Here are some of the most common truck accident injuries in Texas and what causes them:

Head and Neck Injuries – Head and neck injuries are some of the most common and serious injuries that can occur in a truck accident. These types of injuries can range from mild concussions to traumatic brain injury (TBI). Head and neck injuries often require extensive medical care and rehabilitation, making them some of the costliest types of truck accident injuries.
Back Injuries – Back injuries are also very common in truck accidents due to the violent forces involved in such collisions. Back pain is one of the most common symptoms of back injury, but other symptoms like numbness, tingling, muscle weakness, or difficulty walking may indicate more serious damage.
Broken Bones – Broken bones can happen as a result of direct impact with another vehicle, but they are also commonly caused by airbag deployment during a collision. Victims often need surgery to repair broken bones, followed by physical therapy to regain full use of their limbs again.

If you’ve recently sustained an injury in a truck accident, contact our trusted personal injury attorney for legal help.

What Causes Most Truck Accidents in Dallas, Texas?

The vast majority of truck accidents in Texas—and across the United States—are caused by driver negligence or errors in decision-making. This includes distracted driving, impaired driving (drugs or alcohol), speeding, tailgating, failure to yield right-of-way, improper lane changes, and fatigued driving.

Many times, these errors lead to catastrophic outcomes for innocent people who were unlucky enough to cross paths with an irresponsible truck driver at the wrong time.

How Do I Prove Negligence After a Truck Accident in Texas?

For someone to be held responsible for a truck accident, the injured party must prove the elements of negligence.

To do this, you must present evidence of the following:

Duty – The first element requires showing that the defendant had an obligation (duty) to act reasonably under the circumstances. In this case, all truck drivers have a duty to follow traffic laws and drive safely to avoid causing harm to others on the road.
Breach of Duty – The second element is proving that the defendant breached their duty by not acting reasonably under the circumstances. An example would be running a red light or speeding.
Causation – Next, you must prove causation between the breach of duty and the resulting injury caused by the truck driver’s action or omission. If you were in an accident with a truck and were hit because they ran a red light, your attorney should be able to establish causation with medical records and expert witness testimony, among other evidence.
Harm/Damages – Finally, you must prove that you suffered some form of harm due to this accident, such as physical injury, emotional injury, and property damage.

If you can prove each of these legal elements “by a preponderance of the evidence,” you will be well on your way to establishing liability.

How Long Do I Have To File a Lawsuit After a Truck Accident in Texas?

In Texas, you only have two years from the date of your accident to take legal action. This is known as the statute of limitations, and it applies to most cases involving personal injury. While this may seem like plenty of time, it can pass quickly.

However, there are certain situations where this time frame may be extended or shortened due to special circumstances. For example, If the injured party was under 18 at the time of the crash, the clock would not start running until they turn 18.

It’s important to speak to a lawyer immediately to determine this deadline because if your lawsuit isn’t filed on time, you will no longer be eligible for compensation.

Contact Our Dallas Truck Accident Lawyer for a Free Consultation

Filing a lawsuit following a truck accident can be complex and time-consuming. However, with proper preparation and assistance, it is possible to receive fair compensation for damages incurred during an accident. If you need help with a legal claim in Dallas, Texas, contact Jay Murray Car Accident and Truck Accident Lawyers to schedule a free consultation with a Dallas truck accident attorney.

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