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Because of their large size, tractor trailers have a number of very large blind spots. If a passenger car is inside any of these blind spots, the truck can run the car over, crush it against the shoulder, or stop suddenly, causing a disastrous accident. The blind spot truck accident lawyers in Dallas at Lovins | Trosclair, PLLC know how devastating a truck accident can be.
When the insurance company tries to deny your claim or say you caused the crash, the stress may seem unbearable. This is why we deal with the insurance company for you, ensuring your rights remain intact and you get the compensation you deserve. Call us today to schedule a free consultation: 214-484-1930
Who is liable after a truck accident?
Truckers have an obligation to check their blind spots. If a truck driver fails to do what s/he can to check the truck’s blind spots before changing lanes, turning, or stopping suddenly, s/he is behaving in a careless and negligent manner.
However, even if the truck driver is 100 percent responsible for your accident, s/he is likely not your only liable party.
Texas law holds employers responsible for their employees’ actions through a concept known as vicarious liability. This means the trucking company is also liable in most truck accidents its drivers cause. In most cases, it is the trucking company who carries the liability policy; this means you will need to file with the trucking company’s insurer.
Of course, taking on a trucking company is a little different than taking on an individual driver. We use our years of experience handling truck accident cases to figure out what evidence is necessary and to anticipate the trucking company’s — and its insurer’s — next move.
How can I get compensation for my accident-related losses?
To recover compensation, you need to file a claim with the trucking company’s insurer. Filing an insurance claim against the trucking company’s liability policy is not much different than filing a claim in any other accident, except that you will be going up against a large company with an aggressive insurance company and large, experienced legal team.
It is important to note that many insurance companies will attempt to deny coverage after a blind spot accident, often blaming the victim for the crash. The best way to counter this type of denial and get the compensation you deserve is to have a case strong enough to convince a jury that the trucker acted negligently.
More often than not, this requires taking the trucking company to court. We will collect the evidence necessary to build a strong case against the truck driver, attempt to negotiate a settlement with the insurance company, and take the company to court if they fail to compensate you fairly. To be clear, from the get go, we approach every trucking case as if we will take it to trial.
How do I prove fault for a Texas truck accident?
Because of the massive amount of regulation and oversight in the trucking industry, there is often a wealth of evidence in these cases.
Unfortunately, though, much of it is in the possession of the trucking company.
As soon as we know what evidence we need, we send a detailed spoliation letter requesting the trucking company preserve this evidence. By sending this letter, you obligate the trucking company to keep all possible evidence related to your accident.
We have seen a wide variety of evidence play a crucial role in truck accident cases. This often includes:
- Police reports
- Eyewitness testimony
- Accident reconstruction
- Pictures from the accident scene
- Video of the crash
- Truck logs
- Driver logs
- Digital data from the onboard digital recorder
- The driver’s drug and alcohol test results
- The driver’s personnel records
- The driver’s medical records
- Maintenance records for the truck
- Truck permits and registration information
- Pictures of the truck before and after the accident
- The truck itself
What types of damages can I recover?
Texas tort laws allow truck accident victims to collect a wide variety of damages. Some of these damages are economic in nature, meaning they stem from tangible losses. Others are noneconomic. The severity of your injuries and the financial harm caused by those injuries are important in determining the total damages you are entitled to following a trucking accident.
Some of the damages you may receive after a Texas truck accident include:
- Medical treatment
- Therapy and rehabilitation
- Ongoing care costs
- Necessary medical or assistive equipment
- Lost wages, from the accident to the current time
- Lost wages due to an inability to return to work
- Repair or replacement of your vehicle
- Pain and suffering
- Other psychological losses
Only a lawyer who is familiar with the specifics of your case can estimate the value of your claim. Even if the insurance company offers you what seems like a fair settlement, you need to have an attorney review the offer and ensure the payout covers all of your losses. Once you sign an agreement, you give up the right to pursue further action in your case.
How can Lovins | Trosclair, PLLC help me?
When a negligent trucker fails to check blind spots and causes an accident, you deserve just compensation for your injuries. Let Lovins | Trosclair, PLLC go to work for you. We will stand up to the trucking company, securing the necessary evidence, and negotiating a settlement or representing you in court. Call our Dallas office today at 214-484-1930 to schedule your free case evaluation.