18-Wheeler Accidents
Personal Injury
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McAllen Truck Accident Lawyer
Automobile accidents can be costly and cause serious injuries, but when large trucks or 18-wheelers are involved, the situation can become much worse. When passenger vehicles collide with large trucks, they are at a significant size and weight disadvantage, which can result in serious or even fatal injuries for the passengers.
If you have been in a truck accident, call the McAllen truck accident lawyers at Higdon Law Firm at (956) 682-3451 for a free consultation.
Causes Of Truck Accidents In McAllen
Driver Exhaustion
Truck drivers are frequently under pressure to ensure that their cargo arrives at its destination as soon as possible, which can lead to drivers driving longer than necessary and becoming tired or drowsy. When truck drivers do not get enough rest, they may become unable to pay attention to the road and cause an accident.
Driving While Distracted
Each driver is responsible for paying attention to the road and being aware of other drivers. Given the danger that large trucks pose to other vehicles, truck drivers must be constantly aware of their surroundings in order to avoid potential evidence. Truck drivers who are using mobile devices, eating, or otherwise distracted may be unable to pay attention to the road.
Reckless Driving
Truck drivers who exceed speed limits, weave in and out of lanes, and pass in hazardous situations are more likely to be involved in an accident. Driving too fast in work zones and in bad weather, such as rain or fog, endangers other drivers.
Driving While Intoxicated
Driving under the influence of drugs or alcohol is dangerous for any driver, including truck drivers. Drivers under the influence of drugs or alcohol have impaired judgment and decreased reaction times and may drive erratically.
Who Is Liable In A Truck Accident?
Truck Driver
If the truck driver’s negligence caused the accident, he or she may be held liable. Driving while distracted, driving while impaired by alcohol or drugs, driving while fatigued, or driving recklessly are all examples of negligent truck driver behavior.
Trucking Firm
The trucking company may also be held accountable. Employers in Texas are generally liable for injuries caused by their employees while on the job. If the trucking company enforces a schedule that does not allow for adequate rest for its drivers, does not properly maintain its trucks, improperly loads the truck, or does not employ only qualified drivers, it may be held liable for your injuries.
Government
If the accident was caused by a failure to properly maintain the roadway, the government entity in charge of that roadway may also be held liable.
How To File A Truck Accident Claim
1. Consult an Attorney
If you have been in a trucking accident, you should contact a McAllen semi-truck accident attorney as soon as possible. A McAllen 18-wheeler accident lawyer may be able to assist you in determining whether negligence played a role in your accident, determining who is liable, and pursuing a settlement. Insurers employ teams of lawyers whose sole purpose is to ensure that their clients pay as little as possible, but an attorney may be able to help you level the playing field when seeking a truck accident settlement.
2. Investigation
Your attorney may start assisting you with your claim by investigating the accident. This may include interviewing witnesses, inspecting the accident scene, collecting accident reports, and reviewing medical records and bills. This investigation may assist your attorney in establishing a strong negotiating position.
3. Negotiation
Once the investigation is complete, your attorney may begin negotiating a settlement with the insurer. Any available evidence indicating the other party’s liability for the accident, as well as evidence substantiating the extent of your injuries, may be presented by your attorney. The insurer may make a counter-bid. This negotiation may continue indefinitely, with both parties adjusting their claims and offers until a settlement is reached.
4. Settlement/Trial
If you, your attorney, and the insurer can reach an agreement on a settlement, your attorney may disburse any agreed-upon compensation to you. If you are unable to reach a settlement agreement, the case may proceed to trial. Your lawyer may represent you in court to prove your negligence claim against the driver or another party.
How Much Compensation Am I Entitled To?
In trucking accidents, compensation for damages may include both economic and non-economic damages. Compensation amounts differ from case to case because the amount of compensation awarded is based on numerous details that are unique to each case.
Economic Damages
Medical costs
Medical expenses may include the costs of emergency room visits, hospital stays, specialist visits, therapy, treatment, and medication.
If an accident-related injury necessitates ongoing treatment, compensation for future medical expenses may be available.
Damage to property
You may also be eligible for compensation for your damaged vehicle.
This compensation will usually cover the cost to repair the vehicle, and if repair is not possible or not feasible, you may be entitled to the value of the vehicle as determined by the fair market value for such a vehicle.
Income reduction
If you were unable to work as a result of the accident’s injuries, you may be able to seek compensation for the time you were unable to work.
Earning potential loss
If you are unable to perform your job duties due to injuries sustained in the accident, you may be entitled to compensation for lost potential earnings.
This type of compensation is calculated by taking into account several variables, such as the type of work, current salary at the time of the accident, general health prior to the accident, and other factors.
Non-Economic Damages
Suffering and pain
Pain and suffering damages may be awarded to compensate for your physical and mental anguish as a result of the accident’s injuries.
Compensation for pain and suffering may vary depending on the facts of your case.
In calculating pain and suffering damages, the severity of the injuries caused by the accident, their impact on your quality of life, and other factors may be considered.
Unjust death
If you have lost a loved one in an accident caused by someone else’s negligence, you may be able to seek wrongful death compensation depending on certain factors, such as your relationship to the victim.
Texas Statue Of Limitations
The personal injury statute of limitations in Texas is two years from the date of the accident. This means you have two years from the date of your truck accident to file a claim. After this time period has passed, you may no longer be able to file a claim for damages.
SPEAK TO AN ATTORNEY NOW
At Higdon Law Firm, our McAllen attorneys are here to assist you with your claim. We help our clients pursue the maximum compensation they may be entitled to as a victim of a trucking accident.
Call (956) 682-3451 today for a free consultation with one of our personal injury attorneys. You will not pay anything unless we can win your McAllen truck wreck case. That’s our No Win, No Fee Guarantee.
SPEAK TO AN ATTORNEY NOW
McAllen Truck Accident Lawyer
Don’t hesitate to contact the attorneys at Higdon Law Firm today if you or a loved one has recently been in a truck accident, our law firm offers a free and confidential consultation. David A. Higdon has been serving McAllen and helping represent those who are usually under-represented for truck accidents for over 30 years. Our lawyers will fight hard for your freedom and will do whatever it takes to ensure that you are our priority. Don’t just take our word for it, hear what our clients have to say about our personal injury attorneys on Google, Yelp, and Facebook.