With no less than 8 Interstate LTL (“Less than Truckload”) and 4 Interstate TL (“Truckload”) trucking terminals, the Waco/Robinson/McLennan County area is “home” to a significant portion of the daily DFW – San Antonio commercial trucking traffic. When you consider that this same area is also spanned by both I-35 and US-77, it should be obvious that much of Central Texas’ personal and recreational transportation shares the roadways with trucks that range in size from florist’s delivery vans to tractor-trailer combinations that may exceed 60 feet in length and weigh more than 75,000 pounds.
As is the case nationwide, commercial trucking in Texas is surprisingly safe. This means that, per 100 million miles driven, commercial trucks are involved in fewer accidents with injuries than are privately-operated vehicles such as cars and light trucks. Unfortunately, in accidents involving a commercial truck and a private vehicle, the smaller vehicle and its occupants almost always suffer more damage!
If you were injured in a truck accident, you have rights. Contact The Doan Law Firm to schedule a free consultation with our Waco motor vehicle accident attorney to learn more about your legal options.
Truck accident cases are not handled the same way as ordinary car accident claims. They involve federal regulations, large commercial insurance policies, and corporate defendants that would love nothing more than to pay you as little as possible. You need a firm that will make sure that doesn’t happen and get you the full compensation you deserve.
Truck accident victims throughout Waco choose The Doan Law Firm because:
Call us today to schedule a free case review with an experienced Waco personal injury attorney.
By its definition, an “accident” is just that: “… an incident that happens unexpectedly and unintentionally, typically resulting in damage or injury …” In personal injury law as it relates to commercial trucking accidents, every accident leads to three questions whose answers will often require a lawsuit.
Of these three questions, “what” is usually the easiest question to answer since that answer is usually obvious. As to the other two questions, they are where the disagreements usually arise.
Most people outside the law enforcement and legal professions don’t realize that accident investigations, witness statements, and police reports do not establish fault or liability. Such documents and statements are evidence that is interpreted by a judge or jury to make a determination of fact, which, in turn, is used to assign fault.
Once fault is assigned, an accidental injury lawsuit then turns to determining which party is entitled to receive damages and in what type and/or amount. As explained below, the assistance of an experienced personal injury lawyer is critical at this stage of a lawsuit or negotiation.
Texas civil law, along with that of 32 other states and/or territories, recognizes what is known as a Modified Comparative Fault Rule: if a person is injured in an accident of any type in the State of Texas, he or she cannot recover damages from the other party if a jury finds that he or she is 51%or more at fault for the accident. Furthermore, Texas law also requires that any damages awarded must be reduced in proportion to the plaintiff’s contribution to that accident.
From what you have read thus far about “comparative fault” and damages, you can understand that Texas civil law is not exactly “friendly” toward accident victims. But there is one thing that you can always count on to work against you if you have been injured in a commercial trucking accident!
Every legally-operated commercial truck in the State of Texas that hauls general freight only (no passengers or hazardous materials) must carry a minimum of $500,000 of liability insurance. Since insurance companies make money based on the difference between the amount of money that they take in (as premiums) and the amount they must pay out (in claims), you can be assured that a truck’s insurance carrier will have plenty of insurance adjustors and lawyers whose jobs are to limit the amount of money that you receive to settle your accident injury claim!
And your best way to make sure that you keep your right to a fair settlement? Hire a lawyer of your own!
Commercial trucks can weigh twenty to thirty times more than a typical passenger vehicle. That disparity in size and weight increases the risk of catastrophic and fatal truck accident injuries, particularly when a pedestrian or motorcyclist is struck.
Common injuries include:
Fortunately, accident victims can recover compensation for these and other injuries through a personal injury claim against the truck driver or trucking company.
Truck accidents frequently result from violations of the Federal Motor Carrier Safety Regulations, which govern nearly every aspect of commercial trucking.
Common causes include:
Most truck accidents are preventable. When a trucking company or driver violates a federal safety regulation, that violation can serve as strong evidence of negligence. Identifying which specific regulations were violated is a key part of establishing liability in a truck accident case.
The damages available in a truck accident can be substantial. Depending on the facts of your case, you may be entitled to recover money for your financial (economic damages) and non-financial (non-economic damages) losses.
A successful truck accident claim may include money for:
In fatal truck accident cases, surviving family members may pursue a wrongful death claim. These may include many of the damages listed above, as well as compensation for funeral expenses, lost financial support, and the loss of companionship.
Truck accident cases often involve multiple liable parties and layered insurance coverage. An experienced attorney can help you sort out what damages you can recover and who is ultimately liable for your crash.
Just like you, we’ve read the newspaper ads, and we’ve seen the television commercials where other lawyers make promises like “No fee unless WE win!” At the Doan Law Firm, we believe those other lawyers have it backward! What they should be promising is what we promise: If YOU don’t win, WE don’t get paid, because each case is about YOU!
At the Doan Law Firm, we understand that being involved in a commercial trucking accident is usually enough physical, emotional, and financial trauma for anyone to bear. That is why, once we determine that you have a case against a commercial truck operator, we will never ask you to bear one unnecessary cent of additional expense in preparing your case for trial. Instead, we are willing to assume full responsibility for all aspects of preparing your case for trial in exchange for an agreed-upon percentage of the final settlement that we will win for you.
When you hire the commercial trucking accident lawyer at the Doan Law Firm to represent you, we bring our years of experience investigating commercial truck accidents and managing personal injury or wrongful death lawsuits to YOUR side of the negotiating table after YOU were injured or lost a family member as a result of someone else’s plain and simple carelessness or deliberate “cost-cutting” in the name of profit.
If you are ready to seek legal help, contact our team today to get the support you deserve. We offer free consultations to get you started.
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