If you have been injured in an accident caused by a negligent truck driver, you may be entitled to compensation for your injuries and losses. At Anderson Cummings, our determined Weatherford truck accident lawyers are committed to fighting for the rights of truck accident victims. We are familiar with the parties involved in a commercial trucking operation and the laws that regulate this industry. Our team of accomplished Weatherford personal injury lawyers will aggressively pursue the at-fault party to recover maximum compensation for your claim. If you believe you have a strong case, do not hesitate to contact us for a free, no-obligation consultation. We work exclusively on a contingency fee basis, which means you only have to pay us if you are compensated for your claim.
Call (817) 920-9000 if you were injured in a truck accident in Weatherford.
Why Choose Anderson Cummings?
Commercial truck accidents have very different standards and characteristics than a collision involving only passenger vehicles. Aside from the devastating damage that usually follows a truck accident, it can be difficult to identify the party that is at fault for the accident.
There are multiple parties involved in a commercial trucking operation, each with a different role and set of responsibilities. Additionally, trucking companies have strict federal rules and regulations imposed on them by the Federal Motor Carrier Safety Administration (FMCSA) that they must follow.
Our truck accident lawyers in Weatherford have a strong understanding of the operations involved in the trucking industry. We know the federal laws that regulate trucking companies and their drivers, and will be able to recognize when these laws have been violated.
Through our experience representing truck accidents victims, we have seen trucking companies and their insurers try to avoid liability by distancing themselves from the crash. As seasoned Weatherford truck accident attorneys, we are well aware of the procedures trucking companies and their insurers use to avoid liability.
We will conduct an in-depth investigation to determine which party is at fault for the accident and is accountable for your pain and suffering. We will review all factors involved in your accident and use any evidence available to build a case that supports your claim. Our attorneys will:
- Obtain all medical documents detailing your injuries and medical treatment to help show the cause of your injuries and the pain and suffering you endured
- Examine the cause of your truck accident to determine if it may have been caused by violations of the FMCSA’s rules and regulations.
- Investigate the trucking company, manufacturer and history of the driver involved in your accident to find out if your accident was caused by another’s negligence
- Interview witnesses who saw the collision and can provide their account of what happened
- Analyze data obtained from the trucking company, including vehicle inspection reports, the driver’s hours log and the vehicle’s black box data recorder
- Review any camera footage taken from the accident scene, if available
There is no risk in contacting our Weatherford truck accident attorneys. We provide a free, no-obligation initial consultation to all potential clients. We also work only on a contingency fee basis, which means we do not charge legal fees unless we recover compensation for your claim.
Call (817) 920-9000 to get started today.
How Do I Know if I Have a Case?
As with all personal injury cases, a commercial truck accident case requires you to prove the at-fault party’s negligence caused the collision.
There are four elements of negligence our Weatherford truck accident lawyers will examine to determine if you have a case:
Duty of Care
First, we will determine if the truck’s driver, owner or manufacturer owed you a duty to act in a reasonable manner that ensured your safety. This means the:
- Driver had a duty to carefully and safely operate the truck
- Owner had a duty to adequately maintain the truck
- Manufacturer had a duty to make sure the truck was safe and ready for road use
Breach of Duty
Next, our Weatherford truck accident lawyers will need to determine if the other party failed to exercise reasonable care by acting, or failing to act, in a reasonable manner that would ensure the safety of others. Examples of a breach of duty in a truck accident can include:
- Reckless driving
- The trucking company forcing drivers to work an illegal number of hours or failing to adequately maintain its vehicles
- The truck’s manufacturer equipping the vehicle with faulty or substandard parts
Our Weatherford truck accident attorneys will also need determine if your injuries were directly caused by the other party’s actions or inactions. We must be able to prove your injuries could not have been caused by anything other than the truck accident. We will use medical records issued, statements from your treating physician and expert witnesses to establish a link between the other party’s negligence and your truck accident injury.
Finally, we must determine if you suffered measurable damages because of the other party’s breach of duty. Measurable damages are those that can be reimbursed through compensation, such as medical expenses, lost wages and property damage.
If your claim contains all four of these elements, our Weatherford truck accident attorneys are determined to help you hold the at-fault party liable for the suffering and losses you have endured.
Call (817) 920-9000 to speak with a Weatherford truck accident lawyer.
Who Can Be Held Liable for a Truck Accident?
The commercial trucking industry is a complex business that involves multiple parties participating in a single operation. However, these parties are often quick to deny fault after an accident involving a commercial truck in order to avoid liability and having to pay for the damages suffered by victims.
Our experienced Weatherford truck accident attorneys know which parties are involved in a commercial trucking operation and will review the cause of the accident to determine each party’s level of fault. These parties can include the:
Although the FMCSA has strict requirements applicants must meet before they can obtain a commercial driver’s license (CDL), truck accidents are often caused by driver error.
In fact, driver error is 10 times more likely to cause a truck accident than poor road conditions, vehicle maintenance issues or road hazards, according to the FMCSA.
The driver of a commercial truck can be held liable for an accident in the following situations:
Driving While Impaired
Commercial truck drivers are strictly prohibited from consuming drugs or alcohol while operating a vehicle. The FMCSA requires trucking companies to regularly test drivers for drug and alcohol use to determine if they are intoxicated while on duty or after an accident.
If you suspect that impairment was a factor in your accident, our attorneys will obtain the driver’s drug and alcohol test’s results. We will also review the driver’s record for any past drug and alcohol violations to identify a history of substance abuse.
Violating the Hours of Service Rule
Truck drivers may be required to meet unrealistic deadlines to reach a destination. This can cause the driver to suffer from fatigue from hours on the road and increases the likelihood of a crash.
The FMCSA’s hours of service rule prevents commercial drivers from driving for too many hours. A commercial driver can only drive a maximum of 11 hours per day if he or she has spent 10 consecutive hours off duty. Additionally, a commercial driver cannot drive a vehicle after remaining on duty for 60 hours in a consecutive seven-day period, or 70 hours in an eight-day period. The driver must take 34 consecutive hours off duty before resuming driving.
Drivers are also required to log their hours of operation for each day to ensure they follow this rule. We will obtain the driver’s log to determine if the driver violated this rule and can be held liable for your accident.
Commercial drivers are expected to follow the same traffic laws as every other motorist on the road. This means commercial truck drivers must cannot violate Texas’s traffic laws or drive in a reckless, erratic or negligent manner.
We will review the driver’s record for a history of traffic violations and infractions. We will also obtain the data from the truck’s black box data recorder to find out the vehicle’s speed before the collision.
Trucking companies are often quick to distance themselves from an accident by claiming the driver is an independent contractor or the vehicle is leased from another company.
However, our Weatherford truck accident attorneys may be able hold these companies liable if they:
- Failed to properly train their drivers
- Hired a driver with a poor driving record, with drug and alcohol violations, or other serious violations
- Hired a driver who does not have a CDL
- Failed to maintain, inspect or repair their vehicles
- Imposed impossible deadlines on drivers that forced them to break the hours of service rule
Our lawyers will examine the trucking company’s employment records and the level of control it had on the driver’s route and hours of operation to determine if it can be held liable for the crash.
Many truck accidents are caused by a defective part that breaks or malfunctions under the stress of a long-distance trip.
If your truck accident was caused by a defective part, we will investigate the part’s manufacturer to determine if it was involved in a recall or has a history of malfunctioning. We will then explore the possibility of filing a product liability lawsuit against the manufacturer.
The party tasked with loading the truck’s cargo is responsible for ensuring the contents are properly placed on the truck to prevent them from spilling or falling off the vehicle.
If the truck’s cargo falls or causes the truck to tip over from improper weight distribution, the party responsible for loading the truck may be held liable for the accident.
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What Can Cause a Truck Accident?
The long hours of operation that commercial trucks endure can create several problems for the vehicle and its driver.
Our experienced truck accident lawyers in Weatherford have represented a wide range of claims, including accident caused by:
Driver error is a factor in many truck accidents. These errors can include:
- Distracted driving
- Failing to check for approaching vehicles before changing lanes
- Reckless driving
- Using a cellphone or electronic device while driving
- Making a wide turn on a busy street
- Distracted driving
- Drug and alcohol use
- Driver fatigue
Common mechanical issues that can cause commercial truck accidents include:
- Brake failure
- Improper trailer attachment
- Worn tires
- Transmission or engine failure
- Defective steering wheel
- Defective or broken hitches that fail to secure the truck’s cargo
- Defective or inadequate lighting on the vehicle’s sides, front or rear
Improperly Loaded Cargo
The party that loads a truck’s cargo has a duty to secure the contents to ensure it is safe and the vehicle meets the proper weight distribution regulations.
Improperly loaded cargo, can cause the truck to overturn when driving around corners. Additionally, unsecured contents could fall off the truck and strike other cars or vehicles or create a dangerous hazard in the roadway.
If you were harmed by cargo that fell from a moving truck, our Weatherford truck accident lawyers will identify the party responsible for securing the cargo. We will then help you hold this party liable for any damages you suffered.
Call (817) 920-9000 for qualified legal help with your truck accident claim.
What Compensation Can I Recover?
If you or your loved one was injured in an accident involving a commercial truck, you may be entitled to recover several types of compensation from the at-fault party, including:
We will help you fight to recover compensation for any past and future medical expenses you may be owed. This can include:
- Medical transportation
- Hospital visits
- Medical assistance equipment
- Medical tests
- Imaging scans
- Rehabilitation procedures
If you missed work because of an injury from a truck accident, our lawyers will help you recover compensation for any wages or income you lost during your recovery.
If your injury has left you permanently incapacitated and unable to work, we will pursue compensation for the wages you would have earned had you not been injured.
Pain and Suffering
If you have suffered severe physical pain and emotional distress since your truck accident, you may be entitled to compensation for pain and suffering.
However, recovering compensation for pain and suffering can be difficult. To get this type of compensation, we will use your medical records to show the severity of your injuries and symptoms you have experienced. We will also provide statements from your treating physician and friends and loved ones to show how your injury has limited your ability to function since the accident.
Our attorneys will also examine the psychological suffering you have endured after the accident. This can include any trauma or emotional anguish you have experienced, such as depression or anxiety.
Loss of Consortium
Loss of consortium is compensation intended for the spouse, partner or loved ones of a victim injured or killed because of another’s negligence.
Typically, loss of consortium is sought through a wrongful death lawsuit and provides compensation for the victim’s loved ones for losing the love, relationship, companionship and support the victim provided.
Complete our Free Case Evaluation form to schedule a free consultation.
Contact a Truck Accident Lawyer in Weatherford
If you were injured or lost someone you love in a truck accident in Weatherford, do not hesitate to consult with a reputable personal injury attorney to protect your claim and recover the compensation you need.
At Anderson Cummings, our accomplished legal team has more than 60 years of combined legal experience and has recovered more than $100 million for our clients in past verdicts and settlements. We have the skills and experience needed to represent victims of truck accidents and negotiate with insurance companies to help you recover maximum compensation.
Our qualified Weatherford truck accident lawyers will provide you with a free, no-obligation consultation to review your claim and accurately estimate the compensation you may be owed. We will then conduct a thorough investigation to determine which party is at fault for the accident and liable for your damages.
All of our work is provided on a contingency fee basis, which means we do not charge upfront legal fees. The only time we require payment is if we recover compensation for your claim.
Call (817) 920-9000 to schedule a free, no-obligation consultation.