Commercial trucks loaded with cargo loom over motor vehicles and motorcycles every day on Texas highways, potentially weighing up to 80,000 pounds. This is nearly 20 times heavier than the average motor vehicle, which is why there are so many state and federal regulations surrounding the operation of these vehicles including mandatory break periods and driving time limits. The enormous weight difference between an 18-wheeler and car puts regular motor vehicles at serious risk of catastrophic damage in the event of an accident.
If you have fallen victim to a truck accident due to another driver’s negligence, you are owed compensation for your damages. The inherent stature of commercial trucks puts other drivers at risk of serious injury that can involve long-lasting hospital stays, medical bills, pain and suffering, lost wages, and property damage. The best course of action is to partner with a qualified personal injury attorney as soon as possible after the accident, a Rosenberg truck accident lawyer like Shane McClelland of the Law Office Shane McClelland. With our team’s help, we can relentlessly pursue the financial compensation you need to begin moving forward after a truck accident.
After a truck accident has occurred, your attorney will immediately conduct an investigation into the facts and circumstances surrounding the wreck and your damages. The main purpose of this investigation is to establish the liability of the negligent party. In the case of a truck accident, the at-fault party typically will include the truck driver or the truck company. If the truck driver is liable, their employer may also be held responsible for their actions.
Liability is established by demonstrating that negligence has occurred. This is done by establishing there was an expected standard of care, that care was breached, and the breach directly caused an accident and your injuries. In the case of a liable truck driver, a breach of care can look like driving while intoxicated, driving past their allotted hours, speeding, not paying close enough attention to the road, or driving while distracted. Once a liable party has been established, they can be held accountable for their actions. The Law Office of Shane McClelland can file a personal injury claim against the at-fault party’s insurance and ultimately file a lawsuit if the insurance company refuses to act in good faith.
While you focus on resting and recovering from your injuries, your Rosenberg truck accident attorney will begin working on the following important and time-sensitive aspects of your unique case:
Liability is demonstrated through the collection and assessment of any potentially relevant information. This evidence can include dash cams, black box data, traffic camera footage, driving logs, professional truck inspections and assessments, accident reconstruction experts, eyewitness accounts, and even detailed medical records. From here, your attorney will use the gathered evidence to demonstrate that, if not for the at-fault party’s negligence, you would have not suffered your injuries or property damage.
Texas currently has a two-year statute of limitations for filing your personal injury lawsuit. This will most likely be against the truck driver, his employer, and truck and trailer owner, as they are legally responsible for their drivers under the legal principle known as respondeat superior. Unless the driver is a contract worker, the company is responsible for their employee’s actions.
Your Rosenberg truck accident attorney will ensure that your lawsuit is filed timely before the deadline and that it accurately represents the facts of the case, the at-fault truck driver’s negligence, and the full extent of your losses. We will handle all ensuing negotiations and if a fair settlement agreement cannot be reached, then take your case to trial.
The victims of truck accidents in Texas are entitled to recover economic and non-economic damages, which can include compensation for the following losses:
Our Rosenberg truck accident lawyers understand that financial compensation is sometimes one of the only viable routes to deal with the struggles after an accident, which is why we fight for you to recover the damages you deserve. If your accident is caused by the reckless disregard of the safety of others, then you may be able to pursue gross negligence claims, which make punitive damages available.
For almost twenty years, attorney Shane McClelland at the Law Office of Shane McClelland has been dedicated to providing a distinct and personalized approach to representing truck accident clients in Rosenberg, Texas. We fully understand the overwhelming nature of truck accidents and are committed to guiding you through every step of the process, from your initial consultation to the final settlement.
To discover how we can best assist you today and to receive a complimentary case evaluation to explore your options going forward, please don’t hesitate to schedule a free consultation by calling us at (713) 987-7107 or by using our contact form. Your journey towards justice and healing begins here.