Have You Been Injured in a Truck Accident?
Helping Truck Accident Victims in Dallas, Texas, Obtain the Compensation They Deserve
Busy highways are abundant the greater Dallas-Fort Worth metropolitan area, with no less than 8 interstate highways to access. With the increase in number of large box trucks and tractor-trailers operating on these already-busy roadways comes the enhanced possibility of serious motor vehicle accidents. Truck drivers often have a financial incentive to drive fast. When drivers deliver their cargo to their intended destinations sooner rather than later, they can reap hefty financial rewards. Trucking companies also obtain potential financial benefits in the form of more business. However, when truck drivers operate their vehicles in a careless or reckless manner, they can cause serious accidents, which in turn lead to serious injuries and damages.
If you or a loved one has sustained serious injury due to a truck accident that occurred in the Dallas-Fort Worth metropolitan area, you may be able to recover monetary compensation. Our attorneys and legal professionals have fought trucking companies and their insurance companies for decades. The legal professionals at Stewart J. Guss, Attorney at Law, are available for your free consultation, 24 hours a day, seven days a week, at 800-898-4877, or you may contact us now by CLICKING HERE.
National Trucking Accident Attorney Stewart J. Guss discusses trucking safety on national news with Mike Papantonio on America’s Lawyer
Why You Need a Law Firm
The first step to recovering monetary return for your damages is to file a claim against the trucking company. If their insurance company refuses to offer the appropriate settlement amount for your personal injury claim, you may need to file a lawsuit against the negligent truck driver and trucking company.
How Dallas Truck Drivers are Negligent
When truck drivers operate their trucks in a careless manner, they put everyone else on the road at serious risk. Some of the most common ways in which truck drivers are negligent include the following:
- Breaking the law – Dallas traffic laws are in place to keep motor vehicle operators and their passengers safe while they are on the road. Truck drivers violate these traffic laws when they exceed the posted truck speed limits, run red lights, or fail to yield the right-of-way at the appropriate times. When a large truck or tractor-trailer collides with a much smaller vehicle at a high rate of speed, the results can be catastrophic and deadly.
- Distracted driving – Driving a tractor-trailer or big rig can be a monotonous job, with drivers often forced to drive for hours on end with very little human interaction. Consequently, there is a strong temptation for truck drivers to make cell phone calls or text while driving—even when it is not safe for them to do so. Distracted driving turns a driver’s mental and physical attention away from the roadway, and at highway speeds of 70 miles per hour or more, that can be a recipe for disaster.
- Driving while intoxicated (DWI) – Under the Texas DWI statute, it is illegal for anyone in the State to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more—or while under the influence of drugs. Given the long hours on the road and time away from family and friends, some truck drivers resort to alcohol or drugs. It goes without saying that drugs and alcohol can significantly impair a truck driver’s mental state and reaction time while behind the wheel, potentially resulting in a serious accident.
- Cutting curves too sharply – Large trucks and tractor-trailers are very long vehicles. Consequently, they usually need extra room in order to negotiate sharp turns and corners. When truck drivers fail to follow the roadway markings or miscalculate the turning radius at an intersection or curve, serious accidents can result.
- Fatigue – When drivers operate their trucks and tractor-trailers for hours on end, it is very easy for them to become fatigued while behind the wheel. Driving for long hours can also lead to “highway hypnosis” and may even result in a driver falling asleep at the wheel. When that happens, a driver may switch lanes or veer across a double line, striking a smaller vehicle head-on and causing injuries and damages.
- Abrupt lane changes – Large trucks have many blind spots and limited visibility. When truck drivers try to change lanes too quickly—or switch lanes without using a turn signal—they can cause serious accident and injuries.
- Failing to assess road and weather conditions – Various factors can affect road conditions in a given area. For example, large amounts of rain can cause hydroplaning or skidding, while roadway repairs and construction sites can create grooved pavement and uneven lanes. When truck drivers fail to acknowledge these hazards while operating their vehicles, they significantly increase their chances of colliding with another vehicle.
- Disobeying the state and federal motor carrier regulations – State and federal motor carrier guidelines are in place to regulate everything from tractor-trailer load sizes to load overhang, warning lights, oversized loads, and escort vehicles. These regulations are in place to keep drivers safe and to keep unsafe vehicles off the road. When truck drivers violate these regulations, dangerous accidents can occur.
If you have been injured due to the negligence of a commercial truck driver causing a serious Dallas truck, the team of lawyers and legal professionals at Stewart J. Guss, Attorney at Law, may be able to help to pursue legal recovery on your behalf.
Truck Accidents That Result From Driver Negligence
When truck drivers are reckless and careless, they significantly increase their chances of causing a serious accident. Some of the most common types of truck accidents that occur in the greater Dallas metropolitan area include the following:
- Chain reaction collisions involving multiple vehicles
- Tractor or trailer overturns
- Chemical spills on the roadway
- Truck or trailer cargo dislodging into the roadway
Proving a Truck Driver Was Negligent
When a truck driver fails to abide by the rules of the road, such as by speeding, failing to yield the right-of-way, or misjudging a turn radius, they likely violated the applicable standard of care, a negligence that can only be proven with a legal case filed. Truck drivers are held to the standard of a “reasonable truck driver” who is acting under the same or similar circumstances.
If the truck driver violated a criminal law or statute, such as by drinking and driving, then he or she may be deemed negligent per se. In that instance, the accident victim need only prove causation and injuries/damages.
The experienced Dallas truck accident lawyers and legal professionals at Stewart J. Guss, Attorney at Law, can help you prove all of the legal elements of your case.
Potential Liability of the Employer Trucking Company
While some truck drivers are independent contractors, there are also trucking companies that employ their drivers. While employed drivers usually have set hours and regular pay, independent contractors are more likely to set their own schedules and have more sporadic pay schedules.
Generally speaking, trucking companies can be held liable for the negligent actions of their employees. This is called vicarious liability. Moreover, in the event a particular truck driver is a repeat roadway offender, the trucking company could be held responsible for negligently retaining, supervising, or hiring the offending truck driver. This could subject the trucking company to additional damages.
The skilled legal team at Stewart J. Guss, Attorney at Law, can ensure that every potentially responsible party is named in your claim or lawsuit, thereby maximizing your chances of fair and just monetary recovery in your accident case.
Injuries Sustained in Dallas Truck Accidents
It goes without saying that truck accidents can result in serious damages and injuries. This is because truck accidents often occur on busy highways, at highway speeds, and can involve a variety of collisions. Potential types of collisions include T-bone accidents, rear-enders, side impact collisions, and head-on collisions. In fact, some collisions are so forceful that they cause a motor vehicle driver or passenger to be completely ejected from the vehicle. Potential injuries sustained in Dallas truck accident cases include the following:
- Traumatic brain injuries (TBIs)
- Bone Fractures
- Paralysis and spinal cord injuries
- Abrasions and cuts
- Permanent scars
- Soft tissue injuries (especially to the neck and back)
Some of these injuries—especially TBIs, fractures, and paralysis—can be catastrophic and may result in ongoing medical treatment, physical and occupational therapy, and extensive medical procedures, in order to improve or correct.
The truck accident lawyers and legal professionals at Stewart J. Guss, Attorney at Law, can help you recover damages to compensate you for the painful injuries and medical treatment you sustained following your accident.
Damages in Truck Accident Cases
If you have suffered serious injuries in a Dallas truck accident, you may be entitled to recover monetary return for your physical and emotional damages. While money is incapable of compensating you for a lifetime of pain or for the inability to use a body part, it can help to lessen your financial burdens resulting from the accident.
In addition to recovering the costs of time missed from work and medical bills, you may also be able to receive compensation for noneconomic losses, including the following:
- Physical pain and suffering
- Loss of earning capacity
- Costs of rehabilitation
- Mental anguish and emotional distress
- Loss of spousal or family support
- Loss of the use of a body party
- Loss of quality or enjoyment of life
Methods of Proving Injuries and Damages
In some truck accident cases, insurance companies will try and show that the accident victim was not injured all that badly. The insurance adjuster may argue that the accident victim had preexisting injuries or degenerative findings on an x-ray or MRI, for example. In these cases, expert medical testimony can go a long way in showing that an accident victim sustained a permanent injury—and that the injury directly resulted from the truck accident.
In other cases, co-workers or friends of the accident victim may be able to testify that in their observation, the accident victim’s ability to function personally (or at work) diminished significantly after the truck accident.
Call a Dallas Truck Accident Attorney Today for a Free Legal Consultation and Case Evaluation
Truck accidents usually occur when you least expect them. If you were injured in a motor vehicle collision that a truck driver or owner’s negligence caused, time is of the essence. The skilled Dallas truck accident lawyers and legal professionals at Stewart J. Guss, Attorney at Law, are equally as effective at the negotiating table as they are in the courtroom. Let our knowledgeable team help you obtain the compensation that you deserve.
Because we take all of our personal injury cases on a contingency fee basis, you will not owe us a DIME unless we win your case. We are available 24 hours a day, seven days a week, so call us today at 800-898-4877 or contact us now by .
Don’t take chances—let us help you!
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“I was very pleased with how Stewart handled my case. He acted professionally at all times and really had my best interests at heart. I was pleasantly surprised by the outcome too! I would definitely recommend my friends and family to use him as their lawyer.”