Trucking accidents are an unfortunate part of sharing the road with commercial vehicles.
Thousands of people are injured or killed every year following collisions with trucks and other large commercial vehicles.
The sheer size and weight of trucks often make the injuries associated with trucking accidents more severe than those associated with other crashes.
Who Is Liable for a Truck Accident?
Aside from the size differences, semi-truck accidents also differ from passenger vehicle accidents because there might be multiple potentially liable parties.
Truck drivers and truck companies must follow state and federal regulations concerning loading requirements, weight requirements, inspections, and consecutive hours worked.
Also, sometimes an accident happens because a truck part is faulty. Because of the numerous parties and additional rules involved, it might be difficult to discern who is liable for your truck accident.
Reaching out to an attorney will help ensure the proper parties are brought to justice.
How Do I Prove Liability After a Truck Accident?
No matter who is liable, to recover compensation, an accident victim must prove the other party was either negligent or is strictly liable for their injury. Using one of these legal theories to prove liability is the first step in receiving compensation for damages.
Negligence
To prove negligence, you must first prove the other party owed you a duty of reasonable care and that they breached that duty.
Reasonable care includes safely controlling the movement and speed of the truck while abiding by the law. If the driver caused an accident because they were checking their phone rather than paying attention to the road, they were likely negligent.
Or, if a truck driver violates a traffic law, like running a red light, and an accident occurs, the violation can establish the driver was negligent.
Once you establish the at-fault party owed you a duty of care and that they breached that duty, you must prove the breach caused your accident. This element is known as causation.
Once you’ve established causation, you then need to prove you suffered damages you can be compensated for.
Strict Liability
When an accident involves strict liability, you don’t have to prove negligence. In a strict liability claim, you have to prove the at-fault party performed the action or conduct that caused your injury.
Product liability claims are one of the most common types of strict liability claims injured accident victims use to receive compensation.
In a product liability claim, designers, manufacturers, and any company involved in a product’s distribution chain could be held liable if a defective product caused a truck accident.
Faulty equipment, like brakes, tires, engine parts, or cargo straps, could support a potential strict liability claim. A truck accident lawyer at the Law Office of Aaron Herbert can evaluate the facts of your truck accident and determine if you might be able to pursue a strict liability claim.
Truck Accident Compensation
After an accident, medical bills pile up, and you may have to front the cost of repairs and rental cars as you wait for your insurance claim to be processed. Fortunately, many of these costs can be recouped if you can prove liability and prove your damages.
Truck accident compensation is based on the damages your attorney can prove. When you bring a truck accident claim in Texas, you can pursue both economic and noneconomic damages.
Economic Damages
Economic damages are quantifiable monetary damages related to your accident. Economic damages include the following:
- Medical bills,
- Future health care costs,
- Lost income for missed work,
- Lost future earnings, and
- Property damage or loss.
Medical bills can include emergency medical care, hospital stays, prescription medicines, and physical or occupational therapy. To prove your medical damages, you will need to see a doctor as soon as possible after your truck accident.
Your doctor will create medical records that will help you prove when your injury occurred, the severity of your injuries, and your prognosis.
An attorney can gather all the pertinent evidence, such as medical records, bills, pay stubs, and repair invoices, to prove these damages.
Noneconomic Damages
Noneconomic damages compensate you for the emotional and mental suffering caused by your accident. Noneconomic damages are more subjective, and the insurance company may not consider them if you don’t claim them.
Some examples of noneconomic damages include the following:
- Pain and suffering;
- Long-term physical impairments, such as disfigurement, scarring, or amputation;
- Emotional distress;
- Loss of enjoyment of life; and
- Loss of consortium.
Loss of consortium concerns the quality of your relationships. The ultimate goal in claiming loss of consortium is to compensate you for the loss of love, care, affection, support, and intimacy.
Noneconomic damages are difficult to calculate because they differ from person to person. An experienced attorney can help you identify and calculate all of your damages to make sure you are pursuing all of the compensation you’re eligible to receive.
Call a Truck Accident Lawyer Today
If you or a loved one suffered injuries in a truck accident, the Law Office of Aaron Herbert can help you hold the at-fault parties accountable.
Aaron Herbert is board-certified in personal injury trial law by the Texas Board of Legal Specialization and has handled more than 50 jury trials.
When you need tenacious advocates who will fight for you at the negotiating table and in the courtroom, The Law Office of Aaron Herbert, P.C. is here to help. Contact us online or by phone to schedule a free consultation.