Truck Accident Attorneys Dallas – Why You Should File A Lawsuit

Why Litigation is so Important

There are two important purposes to bringing a lawsuit against a defendant in a trucking accident. First of all, you will be bringing justice to the party or parties responsible for your injuries and for negatively impacting your life. This will send out a message that people will not tolerate reckless driving and will stand up for their rights. This, in turn, may help deter future accidents and spare others from the pain that you have had to go through.truck accident attorneys dallas

The second reason is to enable you to recover financially from all the losses that you undoubtedly have suffered because of this accident. The laws clearly state that no one is automatically entitled to collect for their injuries. At the outset, justice seems tilted in favor of the defendant who caused the accident. To win, you will need to tilt the scales of justice in your favor. More information on this website @
https://www.accident-lawyers-dallas.com/18-wheeler-accident-lawyer/

Apart from the obvious physical and emotional losses that you certainly suffered in such a huge crash, you undoubtedly also suffered severe financial losses. We have found that accident victims usually have huge medical bills, extensive car repair costs, plus the added strain of being out of work because of hospitalization and consequently losing wages. Recovering damages for these types of losses will assist a victim in getting back on their feet again and in easing this financial stress.

Two Ways to Win Your Lawsuit

There are two principal ways in which you may win and recover your damages after an accident. Most cases end up being resolved with an agreement made between plaintiff and defendant and settled out of court, without the involvement of a judge or jury. In other cases and for various reasons, the two parties are unable to reach an agreement and the case goes to trial in front of a jury and judge. More on this website

Settlements: In a settlement, the defendant offers a certain amount of money to the plaintiff, to compensate for his or her injuries, even though there has been no legal mandate from a judge ordering the defendant to do so. In return, the plaintiff agrees not to file a lawsuit against the defendant and also agrees not to seek more restitution. Settling can be beneficial to the victim because it enables the victim to receive a settlement faster and takes out of the equation the unknown factor of having a decision made by a random jury.

It can be fairly difficult, however, to ensure that you get a fair deal in these cases since the defendant is, of course, aware that he or she has no legal obligation yet to pay you any money. This is an example of when having a trucking accident lawyer on your side can once again make a large difference.

In addition, having a reputable and knowledgeable attorney will send a very clear message to the defendant that if they do not settle out of court with you then they will end up losing even more in a courtroom. If that defendant is nervous he or she is much more likely to offer you a fair amount for your damages, and we know exactly how to do that. Since we have won so many cases against almost every major insurance company in America, we are known and at times a feared entity. These insurance companies are consequently eager to settle out of court and avoid a confrontation with our tenacious lawyers.

An 18-wheeler accident victim must always be wary of bad settlement offers. This is particularly common if you have not yet retained your own lawyer. Defendants certainly know that if you do accept their offer then you will not be able to hire an attorney to sue them for more money later on. They also realize that often an accident victim is strapped for cash, facing medical bills, car repair costs plus a potential lack of income because of hospitalization and other factors. Consequently, it is not unusual to see defendants dangling small amounts of cash in front of these victims, hoping that the victims will accept and thus allow the defendant to escape further responsibility. If someone does offer you a settlement do make sure that you review that settlement with a knowledgeable attorney before signing anything.

Trials: For many possible reasons, some cases do not settle out of court but end up in front of a judge and jury. You will likely have a more difficult job at a trial since the burden of proof is upon the victim in a truck accident case. You must successfully present evidence on each of four elements of a claim in order to win your case. These elements include Duty, Breach, Causation, and Damages.

In order to prove duty, you must be able to demonstrate that the defendant owed you a duty to behave in a manner so as not to cause you harm. Since most of us owe each other at least the duty to act as a reasonable person would avoid harming each other, this should be fairly straightforward to prove.18 wheeler accidents dallas

You next must be able to prove that the defendant’s conduct was a violation (or breach) of this duty of care that he owed to you. Using that “reasonable person” duty of care will mean proving that the defendant did something that a reasonable person would not have done. To do this, to prove a violation of duty, the victim must bring evidence to court to show the jurors precisely what the defendant did do … or did not do in your accident. The jurors in turn will deliberate and decide whether or not the defendant breached his duty.

The third thing that you must prove is the cause. You must be able to demonstrate that the defendant’s behavior actually caused your injuries. To prove this satisfactorily to the court you will need a lot of evidence. Since so many different people help prepare a big truck for the road, theoretically any one of them could have been responsible for the truck’s accident. It is fairly common for a wily defense attorney to try to blame his client’s negligence on a third party or even you. You will need all the evidence available to refute this type of subterfuge.

Finally, you must be able to prove that you indeed did incur damages. The term “damages” is different from the term “injuries.” Injuries are the things that happened to you in your accident. Damages are the financial losses that you have suffered directly because of these injuries. Damages may include medical bills, lost wages, future lost income as well as compensation from pain and suffering.

It is very important to calculate every penny of these damages and then be able to substantiate them for the court. This in itself can be highly challenging. For example, how do you go about computing lost future income if you have 30 years left in which to work? Or, how do you put a monetary value on such intangible things as emotional pain or suffering? The trucking accident attorneys at our Law Office know how to calculate all these complex types of damages. We can account for every penny that you may be due and then present this to the jury, along with corroborative evidence in a compelling manner.

On-the-Job Wrongful Death Lawsuits and Texas Workers’ Compensation Insurance

Work-related fatalities involve specific Texas work injury laws. And about half of these tragic work-related events might involve workers’ compensation insurance, in which case your beloved family member’s employer status relative to workers’ comp must be quickly established when planning any wrongful death civil action. An employer covered by workers’ comp in Texas is immune to lawsuits, with one particular exception. If a worker is killed due to gross negligence by their employer, a wrongful death lawsuit can be brought against that employer. work place accident lawyers

A Texas wrongful death lawyer’s experience with both wrongful death cases and fatal work accident cases is a vital element when seeking compensatory justice against such a negligent employer. But the standard of proof is quite high if you are to establish a subscribing employer’s clear guilt of gross negligence. In the event that an employee dies while working for an employer protected by workers’ comp in which the employer only exercised standard negligence, a bereaved family can seek direct compensation for their loss only through the workers’ compensation insurance policy. But that amount is not likely to fully reimburse family members for the total lost income, or other damages from the fatal accident.

This is where the fatal work injury attorneys with our Law Firm begin to quickly investigate the accident in order to find other liable parties who may have been involved in some way, even if it was not overt, in contributing to the accident. This “third party” involvement is quite common in fatal workplace accidents. In instances where multiple parties bear liability for the death of a worker, a bereaved family may be able to seek compensation through a wrongful death lawsuit against every one of the “third” liable parties, in addition to filing for compensation through the workers’ comp policy that is carried by your family member’s employer. But there are also times when fatal injury accidents in the workplace are caused by defective products or machinery, which exposes the manufacturers to a possibly defective product lawsuit.

All of these issues can be quite challenging for those with little to no legal experience. But a well well-trained and experienced wrongful death attorney with our Law Firm is ready to use all his knowledge and skill to work for you so your loved one will not have died in vain.

Contact our wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and you allow your deceased loved one to finally rest in peace.

18 Wheeler Accidents – Personal Injury Lawyers

Automobile accidents can be traumatic for everyone involved. However, 18 wheeler accidents in Texas are almost always much more devastating than passenger car collisions. Semi trucks can weigh more than twice as much as cars, have poor handling, and are difficult to stop. These already dangerous vehicles can lead to fatal accidents if they are in the hands of an irresponsible or negligent driver.

Reasons an 18 wheeler accident in may occur:

Driver fatigue: An exhausted or fatigued driver of an 18 wheeler is extremely dangerous to everyone on the road. Tired 18 wheeler drivers are not only less alert, but may also fall asleep and swerve into oncoming traffic. Sometimes 18 wheeler drivers will keep driving regardless of how many hours they have logged in order to stay on schedule.

Driver intoxication: Truckers who drive while under the influence of drugs or alcohol pose a serious danger to passenger cars. Their movements are often erratic and careless and can cause serious injury in the event of an accident. If you have been injured by an intoxicated driver, contact an 18 wheeler accident attorney   immediately.

Defective vehicle: Every component of an 18 wheeler must be maintained and in perfect working condition. Defective tires can fly off into traffic and cause serious accidents. Additionally, faulty brakes can prevent an 18 wheeler from stopping in time. A defective hitching system can also cause trailers to detach causing serious injury to other drivers.

Distracted driver: 18 wheeler drivers who are distracted in any way are hazardous to other drivers. Eating, drinking, cell phone usage, and other activities while driving can cause serious injury or even death.

Speeding: The chances of a truck driver causing a fatal accident increase significantly if he or she is speeding. Due to their massive size and weight, speeding trucks can cause catastrophic injury or death. If you have suffered an injury because of a speeding truck driver, contact an 18 wheeler accident lawyer as soon as possible.

Oklahoma City Tractor Trailer Accidents

In a single moment, an Oklahoma City tractor-trailer accident can change your life. Every year, millions of Americans are injured in automobile accidents. Regardless of how safely you drive, a negligent truck driver can cause you serious injury. Following are tips on what to do if you are involved in an Oklahoma City semi truck accident:

Tips for tractor trailer accidents in Oklahoma

Stay calm and call 911: If you are in a tractor trailer accident in Oklahoma City it is important that you do not panic. If you have a cell phone, immediately call 911. Emergency services can quickly assist you, your passengers, and the other driver.

Seek medical attention: Regardless of how minor you may perceive your injuries to be, you must seek medical attention immediately. A doctor can assess your wounds and prevent smaller injuries from becoming worse. Additionally, if you plan on filing a lawsuit, your medical record will prove to be invaluable to your case. Your tractor trailer accident attorney in Oklahoma City will explain more.

Call an attorney: Second to seeing a doctor, calling a tractor trialer accident attorney in Oklahoma City is the most important decision you can make after being in a tractor-trailer accident in Oklahoma. First, an experienced attorney can negotiate with insurers. Many insurance companies will offer you a significantly low settlement in order to resolve the issue as cost-effectively as possible. A skilled tractor-trailer accident lawyer in Oklahoma City can preserve your best interests and help you receive just compensation. Additionally, your attorney can also hire investigators to collect evidence and reconstruct the accident. By using other expert witnesses, a knowledgeable lawyer can greatly increase the strength of your case.

Keep a journal: After the accident, you should start keeping a journal detailing your injuries on a daily basis. Make sure you note any changes in your condition. You should also write down any special events or work days you have missed as a result of your tractor trailer accident in Oklahoma City.