While commercial vehicles provide an invaluable service by transporting goods throughout the country, the large size of these automobiles also create an increased risk of substantial harm and property damage in the event of a wreck. As such, it is important that you take prompt legal action after being involved in a semi-truck wreck.
Fortunately, a Brazoria County truck accident lawyer could help. An experienced civil attorney could review your case, gather and preserve evidence, and represent your interests in and out of court.
Assigning Fault in a Big Rig Accident
Many commercial truck accidents are caused by the carelessness or negligence of a truck driver. However, other factors may also contribute to collisions, including improper loading, lack of maintenance, and vehicle faults. It could also be possible for a Brazoria County attorney to hold both the truck driver and their employer financially responsible for covering the damages sustained in an accident.
However, in order to recover damages, a plaintiff must establish that the defendant was negligent, and that this negligence directly resulted in their compensable harm. Additionally, a court will look at the conduct of the plaintiff to determine if they played a role in causing or exacerbating their injuries.
The amount the injured party may recover is directly tied to how much they contributed to the cause of the accident. In other words, if a plaintiff is determined to be 20 percent responsible for the crash, then they can only recover up to 80 percent of their total damages.
Vicarious Liability in Brazoria County
If the trucking company violates a federal or state law, it may also be determined as partially at fault. For example, some trucking companies may overload their trucks in violation of the weight limits set by Texas Transportation Code § 621.101. A truck that is overloaded may be difficult to stop or control and can quickly increase the likelihood of an 18-wheeler crash.
A truck company that values profit over the safety of other motorists and violates the law should be held responsible for its contribution towards the accident. A qualified attorney in Brazoria County with experience with collisions involving commercial trucks could help investigate and hold the driver’s employer liable if their negligence played a part in the accident’s cause.
Compensation Awarded After Tractor-Trailer Collisions
In semi-truck accident lawsuits, Texas awards both economic and non-economic damages. Economic damages includes medical expenses, lost wages, rental car fees, and property damage.
Non-economic damages are more difficult to quantify as they do not have a set value assigned to them. Pain and suffering, emotional distress, and life-altering changes like loss of consortium are considered non-economic damages.
Furthermore, in circumstances where the defendant behaved with genuine intent or gross carelessness, Texas may grant punitive damages. Punitive damages, for example, may be paid if the truck driver who caused the collision was inebriated. A local attorney could help determine whether punitive damages may apply to a particular truck wreck case.
Call a Brazoria County Truck Accident Attorney Right Away
Negotiating a fair settlement with a truck company and insurance adjusters is difficult when you are also nursing injuries and dealing with other everyday tasks. A seasoned Brazoria County truck accident lawyer could take on the tasks involved with your claim and help you obtain compensation for your injuries. Call our office to schedule a conversation reviewing your case.