By: Kenny Perez, Guest Contributor
The short answer is that everyone can afford to hire a truck accident attorney regardless of their ability to pay. Truck accident victims can seek compensation for their accident-related expenses and psychological impacts through a personal injury lawsuit. Moreover, it costs absolutely nothing to get an evaluation of your potential claim because attorneys such as myself work on a contingency basis, meaning you pay nothing unless you win your case.
You must file your personal injury lawsuit in civil court before the state statute of limitations, which in most states is within two years of the date of the accident. To reach a successful outcome in your case, you must prove who was liable (legally responsible) for your injuries and other losses. You must also document the expenses and other impacts you sustained.
To prove the other driver’s liability, you must show:
- The at-fault driver owed you a duty of care. In the case of a truck accident, the truck driver had a duty to you and all other road users to drive safely and legally.
- The at-fault driver breached their duty of care, by breaking a traffic law or otherwise driving recklessly or carelessly.
- The breach resulted in the accident, which caused your injuries and expenses.
Potentially Liable Parties
The potentially liable parties extend beyond the truck driver who was behind the wheel at the time of the accident.
Truck drivers do have a higher-than-normal duty of care to other roadway users because of the massive size of their vehicle. Truck drivers must obtain special licenses, submit to random drug screenings, submit to criminal and driving background checks, and meet other Federal Motor Carrier Safety Administration requirements.
However, the trucking company also has a duty to properly vet its drivers through criminal and driving background checks. The company must adequately train them to handle the rigors of the job. The shipping company, in some cases, also has a duty to properly load the cargo into the truck’s trailer.
Other roadway users can face liability if their careless or reckless behaviors cause truck accidents.
As an experienced truck accident attorney, I investigate my clients’ accidents thoroughly to identify all liable parties.
Texas allows accident victims to seek both economic and non-economic damages. Damages refers to compensation for the expenses (economic damages) and impacts (non-economic damages) you incurred in the accident.
Damages can include medical expenses, lost wages, loss of future earning capacity, property damage (such as the cost of repairing or replacing a damaged vehicle), pain and suffering, emotional distress, and lost enjoyment of life.
Compensation is also available for families of victims who die in a truck accident. A successful wrongful death lawsuit can compensate surviving family members for lost earning capacity, loss of care, maintenance, services, support, and many other benefits that the deceased provided to his or her loved ones before their death.
As an experienced Brownsville truck accident attorney, I have gained years of training in the legal process. I understand and can interpret the federal and state regulations that govern the trucking industry and how they apply to your accident.
Call me today for a free case evaluation. I can answer all your questions about your case and tell you more about the truck accident claims process. Remember, I work on a contingency-fee payment plan, which means that you do not owe me for my services unless I recover compensation for you.
To schedule a free case evaluation and legal consultation, please call my office at (956) 544-9292 or contact me online at KennyPerezLaw.com for more information.