Frisco truck Accident Lawyer
Accidents between commercial trucks and passenger cars can result in catastrophic injuries for those inside the smaller vehicles. Tractor trailers and construction vehicles are far larger than even the largest of SUV’s and can crush smaller cars in an instant. Despite the fact that drivers of these trucks are required to obtain special licenses to operate their vehicles, they retain the same duties to drive in a safe manner as everyone else on the road. A Frisco truck accident lawyer defends the rights of people injured in truck accidents. An experienced attorney can pursue negligent trucking companies for the full compensation warranted in every case.
Filing a Tractor-Trailer Accident Claim
There are certainly instances where truck drivers intentionally cause collisions while on the road. But these situations are rare. The vast majority of collisions are considered accidental, even if the truck driver was operating while impaired or sleep deprived. For this reason, truck accidents are usually pursued using the cause of action known as negligence. Negligence is a legal theory that states that some people have a responsibility to protect others. When that responsibility is broken, and people become injured, the at-fault person is civilly liable to pay damages. In every case, a truck driver has a legal duty to protect everyone else on the road. However, one of the first things that must be determined in any truck accident case is the correct defendant. In truck accident cases, both the driver and the trucking company may be responsible for the damages depending on the situation.
Negligence can result from a defendant’s violation of a law or simply their irresponsible driving. If the truck was found to be violating a law, a negligence claim may be pursued using a legal theory known as negligence per se. This simply means that when a person is violating a law, they are civilly responsible for any harm caused by their negligence. A case centered on negligence per se is always a strong one for the plaintiff.
Cases that rely on the theory that the defendant truck driver was driving in a careless manner are much more complicated. In many situations, the plaintiff and defendant offer very different stories concerning the accident and how it occurred. These cases can necessitate accident reconstructions and third party accounts of the accident to determine liability.
Lastly, a Frisco truck accident lawyer is aware that there is a limited time to file a lawsuit alleging negligence. Under Texas Civil Practice and Remedies Code 16.003 any lawsuit alleging personal injury must be started in court no more than two years after the incident. This is known as the statute of limitations. Many cases that are otherwise very strong have been lost because people were not aware of this part of the law. There are occasions when the statute of limitations is less than the two years normally allowed. Often, injured parties in trucking wrecks must take action fast to prevent the destruction of evidence like driving log books, electronic data from the trucks ECM or ‘black box’ and certain truck maintenance records. Waiting to pursue these claims is rarely advisable.
How Our Frisco Truck Accident Lawyers Can Help
The aftermath of a truck accident can be a chaotic and frustrating time. Often, a person’s car is totaled and they require serious medical attention. A full recovery from a truck accident can take months if it happens at all. High medical costs, lost time at work, and even a permanent disability can have an immense impact on a person’s life. Our Frisco truck accident lawyers are here to help. We cannot make it so that the accident did not happen, but we can work to hold the responsible parties legally liable. This can provide compensation to injured people and their families that serve to make the future more manageable. There is a limited time to file a claim. Don’t hesitate; contact a Frisco truck accident lawyer today.