Investigations Identify the Defendants for Your Damages, Injuries, and Pain from a Trucking Accident
In a large trucking accident that produces serious injuries, any number of different parties can be responsible and held legally liable for the wreck. This includes the trucker, the company he or she works for, the company that loaded the trailer, the person who planned the truck’s travel itinerary and route, and possibly a defective part (or tire) on the truck itself. So the first thing you must do is find out is whose fault it is for the 18-wheeler accident that caused the serious injuries you suffered and damage to your property. And one important point to keep in mind is the legal notion in Texas law known as “respondent superior.” It basically means that employers are directly liable for the accidents that their employee’s cause. So it follows that the employer is just as liable for the neglectful action or inaction of its employee, which means it is their responsibility to pay for your injuries and other legal damages.
And there is another relatively new source of liability which has emerged over the past few years. States and counties outsource much more of their road maintenance and highway construction duties to the private industry than a few years ago. And Texas is leading the way in this practice. So if a privately-owned company, in the performance of its road construction or maintenance contracts, creates road hazards that cause an 18-wheeler to hit you, these companies may also be held liable for a portion, or maybe all, of the liability arising from the accident. And all private companies retained by the state of Texas or any of its counties for any type of outsourced engagement must – by law – document that they are either properly insured, or provide a very large liability bond that is backed by their cash-on-hand or other verified assets.
To win your claim among a variety of potential defendants, you need an experienced Texas trucking accident attorney to thoroughly investigate the scene of an accident to discover who is liable. Then investigators must wade through a great deal of paperwork to determine the best possible targets for your accident-related compensation. Local or state law enforcement agencies also closely investigate all large trucking wrecks. And sometimes, so does the US Department of Transportation (DOT), especially if a repeat offender of their statutes and laws governing interstate transportation is suspected. But right now, that doesn’t really help you because many times those investigations only affix primary responsibility such as the driver or the company that owns the rig, or that outsourcing provider. Their investigations often fail to identify all underlying causes for the 18 wheeler accident, which reveals every liable party.
Experienced accident lawyers conduct these equally-stringent supplemental investigations. We know how to determine the degree of each responsible party in every truck accident that causes serious injuries. And there are times when our investigations reveal additional facts of the accident that law officials miss. When we do, we pass them along to law enforcement so they can consider further criminal action. And those who are brought up on criminal charges tend to be more exposed to subsequent civil action.
After your trucking accident, your attorney must determine whose negligence caused the wreck, if someone else contributed to it, or if mechanical failure caused the driver to lose control of the big rig. Did the company that owned the cargo fail to correctly load it? Was it safely secured? Sometimes improperly loaded or secured cargo breaks free during transport and topples the trailer, or falls on a vehicle traveling alongside the big rig, or in the sudden path of some unfortunate motorist. Sometimes route planners are negligent in sending the truck with hazardous cargo down a road on which it doesn’t belong.
Rare is the time when finding fault for in an 18-wheeler accident is simple. This is why you benefit from the investigative expertise of a trucking accident lawyer who gets to the bottom of the wreck and identifies every liable party responsible for your injuries, pain, suffering, lost income and other damages arising from the tragic accident.
Our Law Firm has decades of successful skill in handling personal injury litigation in 18-wheeler accident claims and cases. If you’ve been seriously injured, or a family member has been killed by one of these trucks, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered, or the wrongful death of your loved one. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. Our experienced accident lawyers can help you win the best compensation possible for you.
Call us today at 1(800) 862-1260 (toll-free) for a free consultation to continue your road to total recovery and resume your life. You’re already been victimized once. Don’t let it happen a second time because you waited too long to do the right thing about it.
This blog was posted by Ford and Laurel Attorneys Laredo, TexasRead more