Lots of open highway and heavy commerce make truck accidents an all too common occurrence in Texas. Chances are good you’ll be involved in one. Chances are good you already have been. And if you’ve been injured? Well, you either already know it or you’ll soon find out: You need a good lawyer. The one more people choose hereabouts is Joe Brad Brock. He’s a South Texas personal injury lawyer with considerable truck accident experience. That means, first off, that he knows the right questions to ask – questions that’ll get you properly compensated.
And make no mistake: There’s much that can complicate winning the compensation you deserve. For starters, the size, weight, and handling differential between trucks, especially semis, and cars makes their crashes often deadly. If you survive such a crash, you’re lucky. But you’ll need to prove liability in order to get paid for your injuries, lost time, and lost wages. And that, sorry to say, is seldom easy. Again, it’s the size, weight, and handling differential between trucks and cars that tends to muddle matters, making the services of an experienced personal injury lawyer like Joe Brad Brock essential.
Here’s what Joe Brad typically must investigate regarding truck accidents. The sooner these questions get answered, the sooner Joe Brad can get to the facts that make your case.
Question 1: Who’s Responsible?
The trucker, the trucking company for whom he or she works, and the manufacturer of the truck may all bear some liability in an accident. Experienced legal counsel will help you determine who should be held accountable for your injuries and losses.
In some cases, you’ll have a legitimate claim against a trucking company for their drivers’ errors. That’s because there’s a particular rule of law whereby an employer is considered responsible for actions their employees take as part of their duties.
But what if a truck driver was using a company truck for personal reasons when an accident occurred? Or what if that driver was an independent contractor? In those instances, other parties will likely require being investigated to determine who’s liable.
Question 2: What Events Surround Your Truck Accident?
An experienced lawyer also will ask these questions about your accident with a truck:
- Was the truck properly maintained and inspected?
- Was the truck properly loaded?
- Was the truck driver properly trained and licensed?
- Was the driver physically or mentally impaired at the time of the accident?
If the answer’s no to any of these questions, the driver, the trucking company, or both may be held responsible.
Question 3: Is Truck Driver Fatigue the Culprit?
Driver fatigue is a leading cause of truck accidents. Proving it the cause of your accident can be done by examining the driver’s logs. They’ll show whether or not the driver was following laws that limit how long truckers can be on the road between breaks and rest periods. Comparing those logs against departure and arrival times can show if the logs have been “doctored” too.
Question 4: Did the Truck’s Equipment Fail?
Say a truck’s brakes didn’t work. Or say something else went wrong that was beyond the truck driver’s control. In those scenarios, the truck manufacturer may bear some of the liability for your accident. A savvy lawyer will consult with experts to evaluate whether equipment failure was an issue.
Question 5: What Damages Can You Rightly Claim?
As the victim of a trucking accident, you’ll want your lawyer to assess various types of claimable damages. These will likely include economic damages – compensation for what you’ve lost in earnings and time away from work. Medical care, physical therapy, and other expenses for treatment must also be considered.
Aside from that, your truck accident lawyer should investigate pursuing …
- punitive damages if the trucking company can be shown to have acted in bad faith,
- double or even triple damages if the driver behaved inappropriately or was under the influence of alcohol or other drugs, and
- non-economic damages, such as for pain and suffering.
Here’s How to Get Answers
If you’ve been injured by a truck driver anywhere in Texas, contact The Law Office of Joe Brad Brock. Do so as soon after the accident as possible, too. That way, evidence can be preserved and you’re more likely to get the compensation you deserve.
