Dallas Truck Accident Lawyer
It’s one of a driver’s worst nightmares: getting into an accident with a large truck. Injuries that result from these wrecks can be severe, and they often come with lifelong complications such as paralysis, loss of limbs, or traumatic brain injuries (TBIs). The latest data available from the Texas Department of Transportation, from 2018, shows that a reportable crash occurred about once per minute, with more than 12,000 crashes resulting in serious injuries. When a tractor-trailer is involved, the risk of significant harm in the event of wreck increases dramatically.
If you are injured in a crash with a truck, get in touch with an experienced Dallas truck accident law firm as soon as possible. Time is often a crucial factor in these types of cases, as evidence can be washed away with the elements, eyewitness’ memories can fade, and other complications can arise over the course of an investigation and lawsuit. The sooner our firm is on your case, the sooner our Dallas truck accident attorneys can work to get you and your family the compensation you deserve.
When I Share Some Blame for My Accident
Not all truck accidents are cut-and-dry. Like so much in our world, the details can be complex and all drivers involved in the incident can be partially to blame for the crash. If that is the case in your accident, do not worry. Our Dallas truck accident law firm can still help you sue for compensation.
Understanding Proportionate Responsibility
When it comes to fault, many injured people become confused with the intricacies of our justice system. But the underlying principle is quite simple. Texas allows you to recover compensation even when you are a little bit to blame for a crash, according to Texas Civil Practice and Remedies Code §33. Called “proportionate responsibility,” this system assigns a specific percentage of fault to each party involved in a car accident. You can recover compensation for your injuries as long as your amount of blame is less than 50%.
There is one downside to the proportionate responsibility rule, however. While you can still recover some money, which is better than certain other states in the U.S., the amount you recover will be reduced by the percentage of blame assigned to you. Below is a good example.
Let’s say you suffer a total of $200,000 in damages as a result of your injuries. This value includes all of the damages listed in the next major section, both economic and non-economic. If the court finds you to be 10% responsible for the truck accident, your recovery will be lowered by 10% as well. That would mean a reduction of $20,000, leaving you with a maximum possible recovery of $180,000.
How to Improve My Compensation
One way to increase the amount of money you get is by getting a skilled truck accident law firm in Dallas to find and preserve evidence of the other driver’s fault. This will reduce the percentage of blame assigned to you, thus reducing the amount of money you lose due to the system of proportionate responsibility. In a truck accident, some of the evidence that may help your claim includes the following.
- The truck’s “black box”
- The police crash report
- The truck’s maintenance logs
- Any DUI test information
- Eyewitness testimony
- Footage from traffic and surveillance cameras
What I Can Sue For
It is important to understand all the damages for which you can pursue compensation. Otherwise, you may miss out on significant recovery that could help you and your family adjust to post-injury life. In some rare cases, a category known as exemplary damages may be available, but that is only applicable in situations like drunk driving or texting while driving when the jury decides that the other driver acted in a grossly negligent or malicious way. In most situations, you will be able to recover compensation for damages that fall into the following two categories.
First, you can get paid for the financial damages you receive as a result of your injury. Examples of this kind of harm include the cost of vehicle repair or replacement, rental car fees, lost wages, and your medical care. However, you are limited to recovering exactly as much as you pay or are charged for these items, per Texas Civil Practice and Remedies Code §41.0105.
Not all harms you experience have a bill or receipt attached to them. Some are more subjective in nature, like your pain and suffering or a general loss of enjoyment in life as a result of your injury. Loss of companionship with your spouse and an inability to perform a beloved hobby also fall into this category, along with a host of other ills. These non-economic harms do not have monetary values ready-made for them, but expert witnesses and knowledgeable Dallas truck accident attorneys can help pinpoint the amount you are owed. There is no limit to the amount a jury can award for non-economic damages in Texas!
I Can Start Today, For FREE
our firm offers our clients a FREE consultation to learn more about the facts of your case. Plus, we work on a contingency basis, which means that we do not get paid unless and until you do! We aim to take the financial worry out of pursuing justice, and we can help your family today.
Schedule your appointment with our skilled Dallas truck accident law firm today by filling out the informational form on our contact page or by calling us at 214-305-8277.