When dealing with 18-wheeler lawsuits, attorneys must be familiar with the rules and regulations that are used in the trucking industry. In order to gain compensation, chances are you will need to prove that there has been negligence in your accident. Most trucking lines have regulations about how long a trucker can drive for, how he must operate equipment, or the training and medical certifications that he is required to obtain before he can drive. There are also regulations on truck maintenance and equipment care.
With an attorney there to help you, you may need to prove the company did not maintain their vehicles or did not enforce proper requirements on their drivers.
You may be able to prove that you are victim to an act of negligence in cases where:
- The truck was not properly loaded
- The driver was overworked
- The driver was not licensed
- The driver was overly fatigued
- The truck was not maintained
- There was not proper documentation
- The driver was distracted
- The driver was inebriated
Trucking companies are allowed to destroy some evidence after a certain period of time, so you will want to make sure that this does not happen. Get started with your case today, and hire a Texas truck accident lawyer at Arnold & Itkin to assist you.
How Truck Accident Cases Are Different
The most important stage in any trucking accident case is the initial research and investigation. This is when we compile evidence that demonstrates how your accident occurred and who is responsible for your injuries or the death of a family member. We work hard to sift through information that can be collected, including combing through logbooks and trucking company records and downloading data from electronic on-board recorders (EOBRs) that are quickly becoming an industry standard.
The following may ultimately be responsible for your accident:
- Truck Driver: Failing to conduct proper pre-trip inspections, driving too fast for conditions, making illegal or unsafe turns, failing to brake, driving drowsy, leaving loads unsecured, texting, using a cell phone behind the wheel, or driving while impaired by alcohol or drugs are all examples of reckless and negligent driving by big rig drivers.
- Trucking Company: Carriers expose their truckers, other motorists, and pedestrians to the risk of injury by failing to adopt and execute adequate safety plans, encouraging drivers to engage in dangerous driving, or hiring drivers without conducting proper background checks. Trucking companies may also be liable for failing to inspect and maintain the rigs in their fleet, including outfitting them with safety and emergency equipment.
- Truck Manufacturer: Even the safest trucker or fleet operator may be involved in a collision if the truck and its components are defective, including tires, brakes, gears, and lights.
How long do I have to file?
Your case will be subjected to a statute of limitations. In Texas, that is most often two years from the injury or when the injury could have been reasonably discovered. That being said, these change. You should not hesitate to reach out to our firm so that we can help you determine next steps.
What if I was partially at fault for the accident?
Even if you think that you me be partially to blame for the crash, you may be eligible to recover financial compensation. We can review your case and fight for the financial compensation that you deserve.
Who can be sued after a truck accident?
This depends on the circumstances of the case. For example, you may be able to sue the driver themselves if they were drunk, the truck company if they failed to follow proper hiring practices, or even a manufacturer of a part was defective.
What will I be able to recover?
Depending on the circumstances of your case, you may be eligible to recover compensation for value of a damaged vehicle, medical expenses, funeral costs, lost wages, loss of companionship, and more.
Your right to recover damages in a truck crash may be lost if you wait too long to pursue legal action. That's why it's important to contact the highly qualified trucking accident lawyers from Arnold & Itkin today. If you have suffered a serious injury, you should consult with a personal injury lawyer who has the experience to properly investigate and handle your truck accident claim.
As truck accident investigation can be complex, you need a lawyer with the resources and the experience to thoroughly investigate and build a strong case to hold those who are responsible accountable. We have the experience you need and will fight to protect your legal rights.
To learn more, visit our site devoted exclusively to truck accident claims.
"What sets Arnold & Itkin apart from other lawyers is the way they treat you. It is just the respect they show you—the care. We came in, they immediately took our case, and they talked to us like we were people."- Maribel C.
Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her to sustain serious brain injuries. We succeeded in obtaining a $117 million verdict for the mother, as well as her two daughters.
Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.