Unlike your typical car wreck, determining liability is a bit more complicated in a commercial truck accident. The negligent driver may very well be at fault, but so could a handful of other parties such as the owner of the truck or the person leasing the trailer. Due to these complexities, a trucking company may not be willing to pay for your medical bills, lost wages and other damages—passing on the blame instead of taking responsibility.
It’s at this time that suing may be your best option.
Guideline for Suing After a Car Accident
Most important (and obvious) of all, you must be in a commercial truck accident with an at-fault driver, even if the fault is only partial, in order to sue. In addition to the driver, the fault may also fall on the trucking company, the owner of the truck, the manufacturer of the trailer, the shipper or loader of the cargo or even the government.
These are some of the common factors that lead to commercial truck accidents:
- Impaired driving, speeding, distracted driving and failure to adhere to traffic laws
- Failure to inspect and maintain truck and trailer
- Poorly designed truck parts
- Improperly loaded or overloaded cargo
- Damaged or slippery roads
If any of these factors caused your accident, you may be able to sue as long as a thorough investigation is made proving the fault of the other party. This will require a vast collection of evidence, including truck weight, cargo information, hours of service, the driver’s CDL license, inspection records, GPS tracking and more—all of which may be presented in your claim. An experienced truck accident lawyer can help you with the process of gathering evidence and proving that the driver of the truck (or other liable party) was in violation of state or federal regulations.
A truck accident claim can include compensation for economic damages such as medical assistance/care, loss of wages, rehabilitation, nursing home care and domestic services, among other things. No cap exists on economic damages in the state of Texas.
You may also be able to sue for noneconomic damages such as pain and suffering, mental and emotional suffering, inconvenience, disfigurement, loss of enjoyment of life and loss of relations with your spouse. There are currently no caps on noneconomic damages in Texas.
Finally, you also may be able to sue for punitive damages, which are meant to punish the defendant for a willful or reckless act. In Texas, punitive damages may not exceed more than two times the amount of economic damages plus the amount equal to noneconomic damages, not to exceed $750,000 or $200,000, whichever is greater.
Contact Our Dallas Truck Accident Lawyers
Our Dallas truck accident attorneys understand the intricacies of a truck accident and can increase your chances of obtaining a fair settlement. We can help file your insurance claim, negotiate your settlement or sue the truck driver’s company if necessary. If you or a loved one has been injured in a truck wreck, enlist the legal guidance of Deans & Lyons, LLP immediately.
Call (844) 297-8898 or contact us online to speak with an attorney.