Semi Truck Accident Lawyers in Fort Worth, Texas
Texas lawyers may identify multiple negligent parties after a Fort Worth truck accident.
Big rig truck accidents in Texas are often catastrophic, resulting in lasting and severe physical injuries and expensive property damage. Since truck accidents may involve multiple responsible parties to the legal claim, it is important to consult with a Fort Worth truck accident attorney who can identify potential negligent parties. Case building is essential to proving negligence and experienced Texas semi-truck accident attorneys at The Cooper Law Firm, who are familiar with trucking industry regulations, federal regulations, and state laws, will collect evidence to build a winning case.
Building a case.
Truck accident lawyers in Fort Worth will prove negligence through case building after a Fort Worth truck accident by collecting:
- Visual evidence: scene and injury photographs,
- Witness testimony: including passengers have valuable testimony,
- Police reports: police will be taking notes and can supply objective reports,
- Medical bills: settlements are largely contingent on the extent of injuries and necessary medical treatments,
- Trucking company admissions of fault directly after the accident or sometime later.
- Safety reports on vehicles, completed before and after the accident,
- Blood alcohol tests of other drivers, or hospital blood tests that reveal intoxication,
- Cell phone records could reveal texting, or using phone at the time of the accident.
Accident victims can do their part to preserve evidence that may be useful. Accident victims involved in truck accidents in Fort Worth should:
- Check on the condition of the people involved in the accident,
- Call the police, or emergency responders if needed,
- Get a written accident report,
- Remain at the accident scene,
- Exchange driver and insurance information,
- Get witness information,
- Call insurance company to set up a claim,
- Seek out medical treatment if necessary,
- Take pictures of the scene, and the vehicle damages,
- If the truck is a Commercial Vehicle, get a Texas State Trooper report,
- Do not make any statements regarding fault at the scene,
- Call a truck accident attorney at The Cooper Law Firm.
Multiple negligent parties.
During a semi-truck accident lawyer’s case building efforts, they may discover that the driver is not be the only negligent party that can be named as a defendant in a legal action when severe injuries, or death occurred. This factor could benefit a victim because a truck driver may not have the ability to pay for the damages, and a trucking company’s insurance carrier, cargo loading company, or manufacturer may have the financial ability to pay damage claims over insurance coverages when necessary. As long as the fault driver was acting in the scope of their job description, an employer can be sued for injuries through vicarious liability claims. If a semi-truck accident attorney can prove a trucking company was in violation of federal trucking regulations, punitive damages may be sought along with compensatory damages to cover the losses caused by the accident, especially if mechanical failure is proven.
Vicarious liability is a legal doctrine that supports liability of a third party trucking company, mechanical service operator, or parts manufacturer for the injuries, or harm caused to a truck accident victim by another party. This rule states that in certain situations, a defendant who was not physically present at the time of a truck accident may bear liability for a victim’s injuries.
Establishing Responsibility in at “Fault” States like Texas.
Texas is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident. In many instances of semi-tractor trailer accidents, there may be additional parties who are responsible for the accident aside from the driver.
The compensation for the loss of a loved one due to negligence of a truck driver and trucking company in the Fort Worth area can cover medical expenses, property damage, disability for permanent injury, funeral costs and wrongful death cost burden on accident victims, and their families. It is best to speak with a Fort Worth Texas semi-truck accident lawyer in Fort Worth about case specifics, based on proof that a defendant deliberately, or with reckless disregard acted in a manner that would cause harm.
Truck accident insurance.
Texas State and the Federal Motor Carrier Safety Administration have specific insurance requirements for tractor trailer trucks that impact insurance claims. Carriers operating in Texas must adhere to the maximum length, height, width, and axle limitations and meet requirements for bridge and weight laws, hours driven restrictions, maintenance inspections, and commercial driver licensure credentials. Texas negligence laws stipulate that damages are proportionate to the claimant’s degree of fault, but utilizes the 51% rule, whereby an injured person can be up to 51% responsible for an accident and still collect damages.
Statute of limitations.
The Texas statute of limitations for truck accident and wrongful death actions is two years from the time of the injury, or death. Government entities require a shorter filing time at 180 days for tort claims and cap damages, depending upon the government unit involved. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident.
Family members, or legal representatives must file a wrongful death legal action within two years and a Texas wrongful death attorney in Fort Worth can assist with damage valuations and timelines relevant to each case. Compensation may cover medical expenses incurred up to the time of death, funeral and burial expenses, lost wages, pain and suffering, and punitive damages.
Hire a competent Texas attorney.
Competent legal counsel at the Cooper Law Firm can objectively speak on a Fort Worth truck accident victim’s behalf in a courtroom, and work toward damage recovery through communications with multiple insurance carriers of those individuals who share liability after a truck accident resulting in property damage, physical injury, or death.
Cooper Law Firm
N. Eric Cooper
Address: 621 Hemphill St,
Fort Worth, TX 76104
Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035