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Trucking Accident
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Dallas is surrounded by major interstate routes. Thousands of large trucks pass through the city daily. Commercial vehicle crashes in Dallas occur frequently. While not all are fatal, a significant number result in serious injuries. One major factor contributing to the severity of these crashes is the large size and weight of the trucks. These trucks carry massive loads and travel at high speeds. Because of their size and weight, the consequences of an accident are much more severe than those resulting from smaller passenger vehicles.
Our firm has represented victims of commercial vehicle crashes in Dallas for over thirty years. We are knowledgeable about how commercial vehicle crash investigations are conducted, and we understand who may be held liable. At Jay Murray Personal Injury Lawyers, we are committed to helping individuals injured in commercial vehicle crashes receive the fair compensation they deserve.
If you or a loved one has suffered an injury in a commercial vehicle crash, call us today at (214) 382-0479 to schedule a complimentary consultation. We represent victims of commercial vehicle crashes throughout Dallas and surrounding communities.
Commercial vehicles differ from passenger cars in several ways. First, they are much larger and heavier. Second, commercial vehicles travel faster. Third, commercial vehicles typically have more complex systems and therefore can produce more potential hazards such as fires and explosions. Finally, determining liability for a commercial vehicle crash is more difficult due to the greater number of potential defendants.
After a commercial vehicle crash occurs, investigators from local authorities begin to investigate the incident. Investigators from various agencies will interview witnesses and take photographs. The investigating officers will obtain copies of any video recordings taken by cameras mounted inside the truck or outside the truck. Additionally, they will collect physical evidence from the scene, including damaged vehicles and debris. Investigators will attempt to determine the cause of the crash and identify any potential violations of regulations governing commercial vehicle operation.
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There are numerous individuals and businesses that potentially can be named as defendants in a commercial vehicle crash lawsuit. Examples of potential defendants include:
There are several types of liability claims that may arise in connection with a commercial vehicle crash. Examples of liability claims include:
Injuries sustained in commercial vehicle crashes can be extremely serious. Common injuries include fractures, spinal cord injuries, head injuries, internal organ damage, severe burns, amputation, and deep lacerations. Many people suffer additional harm such as post-traumatic stress disorder (“PTSD”), depression, anxiety, and other emotional distress. All these types of injuries can be permanent and require extensive medical treatment and/or surgery, and often limit the individual’s ability to continue performing job duties previously performed.
Damages refer to the monetary amount paid to compensate for a plaintiff’s injuries. Economic damages include actual out-of-pocket expenses incurred to treat injuries, including past and future medical expenses, lost wages, diminished earning capacity if unable to perform previous job duties, property damage, and home modification costs (e.g., installing wheelchair ramps). Non-economic damages include intangible losses such as physical pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, and loss of consortium.
Texas permits punitive damages against defendants acting with fraud, malice, or gross negligence. Punitive damages are designed to punish a defendant for egregious behavior and deter similar behavior by others. Unlike compensatory damages that are intended to restore the status quo prior to an accident, punitive damages award amounts vary depending on whether there was fraud/malice/gross negligence, and range from $750,000 for most civil cases to unlimited awards in criminal cases. Not all cases qualify for punitive damage awards. The court must find sufficient evidence supporting punitive damage allegations.
Promptly collecting relevant evidence in a commercial vehicle crash is essential. Key pieces of evidence commonly collected after a commercial vehicle crash include:
As trucking companies may intentionally erase or alter important data to avoid liability, we immediately request that our clients’ attorneys provide written notice (“Spoliation Letter”) requiring preservation of all potentially relevant data related to the incident.
Additional sources of relevant information include:
All sources of evidence are examined carefully to assist in establishing liability, causation and extent of damages in each commercial vehicle crash case. We work closely with experts (e.g., forensic engineers, reconstructionists) to thoroughly analyze each aspect of the incident to develop strong arguments in favor of our client(s).
It is common for trucking companies to deny their role in causing an accident. However, most accidents involve more than one party sharing blame. Even if a victim shares partial blame for an accident, they may still be able to recover damages under Texas’s modified comparative negligence system (Tex. Civ. Prac. & Rem. Code § 41.001). Under this system, a victim is barred from recovering only if they are more than 50% responsible for an accident. Otherwise, a victim’s recovery is limited by their percentage of responsibility.
For instance, if a victim receives $100,000 for their injuries but was found 10% responsible for the accident, then he/she/they would be entitled to only $90,000 ($100,000 x .9 = $90,000).
If a family member died in a truck accident, there are two separate claims that can be made. One type of claim is called a “wrongful death” claim. This is filed by surviving family members (such as spouse, children, parents) for their own losses such as grief, lost support, and loss of companionship. Another type of claim is called a “survival” claim. This is filed on behalf of the deceased persons’ estate for what the deceased suffered prior to their death and for any economic damages the deceased would have received had they survived. An attorney can help clarify what applies and who can file each claim.
There are many factors that come into play during the hours and days following a truck accident. What matters most is making smart decisions quickly. First, ensure that you are safe. Call 911. Regardless of whether you believe you have been seriously injured, seek medical treatment. Internal injuries and traumatic brain injuries may not show immediate symptoms, and delaying seeking medical treatment can harm your physical well-being and may ultimately harm your ability to collect on a claim.
Take pictures of the accident site, any visible damage to vehicles, and any evidence of your injuries. Gather names and contact information from any witnesses. Avoid admitting fault or apologizing for your actions. Refrain from giving a detailed written account to an insurance company until you have spoken with an attorney.
File a report of the accident with the Texas Department of Transportation, if necessary, and obtain a copy of the police report once it becomes available. Begin maintaining a journal detailing your symptoms and overall condition from day-to-day. Maintain all receipts and documents related to your recovery.
In Dallas, some major trauma centers where accidents resulting in serious injuries are commonly treated include Parkland Memorial Hospital and Baylor University Medical Center.
Call an attorney. The sooner you do this, the higher the likelihood that important evidence will remain available to aid in establishing your claim.
After hiring our office, we begin investigating your case immediately. This requires taking advantage of the fact that evidence is readily available at the time of filing. For example, we send spoliation notices to preserve evidence. We obtain various documents and interview potential witnesses. Depending upon the specifics of your case, we may consult with accident reconstructionists and/or other professionals to assist in understanding how the accident occurred and why.
Next, we document all elements of your damages, which include current and projected future medical expenditures; lost wages due to your inability to work; your pain and suffering; and all other expenses associated with your injuries. We also identify all potentially liable parties and develop a strong foundation for your case before contacting the insurance carriers for negotiations.
Most truck accident claims are settled without litigation. However, settlements occur because insurance companies recognize the quality of preparation and credibility provided by a competent attorney. When the insurance companies realize that your attorney has thoroughly investigated the claim, has obtained the appropriate evidence, and is prepared to take the case to a jury, they become much more willing to negotiate fairly. We always prepare every case as if it is going to trial, which leads to better negotiated settlements.
If an insurance company fails to provide reasonable compensation for your injuries, we will proceed with litigation. As mentioned previously, we have successfully tried numerous truck accident Cases. Commercial Trucking companies and their insurance carriers are aware that we aggressively represent our clients.
Discovery processes; depositions; testimony from experts; and preparations for trial are all aspects of litigation that we are familiar with.
We operate on a contingent fee arrangement. Therefore, attorney fees are not assessed unless we secure monetary compensation for you. Similarly, we advance expenses associated with expert witnesses and court proceedings. These expenses will be reimbursed from any recovery.
Jay Murray has represented personal injury victims in Dallas for more than thirty years. Mr. Murray is certified by the Texas Board of Legal Specialization in personal injury trial law. Fewer than three percent of Texas attorneys receive certification in any area of law. Additionally, he has been named a Super Lawyer; has received an excellent rating from Avvo; and has membership in both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, memberships reserved exclusively for attorneys who have secured six-figure and seven-figure verdicts/settlements for their clients.
Our office has operated out of the same location in Uptown Dallas on State Street for over seventeen years. Unlike large billboard firms that sign up multiple Cases and assign those Cases to individuals who have little familiarity with the client’s case, when you retain Jay Murray Law, you receive a dedicated team focused solely on your case from beginning to end.
Our firm has experience handling several high-profile truck accident Cases. Some examples include recovering $1.2 million for one client and $1 million for another. Every case is unique and past successes do not ensure success in future Cases. Nevertheless, our record demonstrates the value of experienced counsel when representing clients who suffer serious injuries in accidents involving commercial trucks.
Consistent feedback from our clients indicates that we answer phones, we communicate clearly about your case, and we will advocate for every single dollar available to compensate you for your injuries.
Any individual involved in a truck accident may pursue a personal injury claim. In addition to pursuing a personal injury claim, family members of a decedent (i.e., spouse, children, parents) may be entitled to pursue a wrongful death claim arising from the decedent’s death. Surviving family members may also pursue a survival claim through the decedent’s estate.
Typically two years from the date of the incident. However, there are exceptions applicable to minor children and claims against governmental entities. You should never assume an exception applies without consulting an attorney. Failure to timely file may bar you from obtaining compensation.
Yes. Texas allows partial comparative negligence (ie., apportionment). Provided your degree of responsibility does not exceed fifty percent (50%), you may recover some compensation. Any award you receive will be diminished based on your degree of fault. Should you be deemed fifty-one percent (51%) or greater at fault, you will not be eligible for recovery. While it is true that fault assignments are negotiable rather than determinative, having an experienced attorney advocating for you can significantly reduce an insurer’s tendency to improperly shift liability to you.
All commercial trucks must maintain substantial amounts of liability insurance – typically far exceeding amounts maintained by typical automobile policyholders. However, should the driver’s insurance limits prove insufficient to satisfy all of your losses, your uninsured/underinsured motorist coverage (if purchased) may be applicable in addition to any additional liability imposed on third-party defendants possessing separate insurance coverage. An experienced attorney can assist you in identifying all possible sources of recovery.
Your eligibility to receive compensation varies depending upon specific details regarding your injuries, impact upon your earning capacity, and strength of evidence supporting your claim. We can give you an honest appraisal regarding what your case may be worth during a complimentary consultation.
A wrongful death claim is pursued by surviving family members for their own losses (i.e., grief, loss of financial support, loss of companionship). A survival action is pursued on behalf of the estate of the decedent for damages incurred by the decedent prior to death.
Both wrongful death claims and survival actions may be pursued together in connection with the same incident. An experienced attorney can assist you in determining which claim(s), if any, may apply to your circumstances.
No. We operate on a contingency basis, meaning that our attorney fees are paid as a percentage of monies recovered on behalf of you. If we fail to recover monies on your behalf, you incur no attorney fees. Case-related Costs are advanced by our office and only charged back as part of any recovery.
While most Cases resolve prior to trial, we prepare every case as though it will proceed to trial and are capable of doing so should an insurer refuse to tender a fair offer to settle your case.
As soon as possible after the collision:
Note: once retained, we will handle all further investigative efforts related to establishing your claim.
Texas Department of Transportation: informational website providing crash statistics and safety information.
Federal Motor Carrier Safety Administration: website providing information concerning federal regulations governing commercial motor carriers along with safety data.
National Transportation Safety Board: website providing access to reports generated from investigations into crashes.
Texas Department of Insurance: website providing information concerning state laws and regulations concerning insurance along with consumer protection information.
Dallas trauma care: Two notable trauma care facilities serving the Dallas area include Parkland Memorial Hospital – phone number (214)-590-8000 and Baylor University Medical Center – phone number (214)-820-0111.
Mental health support: If either you or a loved one is experiencing emotional distress following being severely injured in an accident, please consider reaching out to the Texas Health & Human Services mental health crisis hotline at 1-800-985-5990
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