Motor vehicle accidents can be devastating, but truck accidents often result in more severe injuries, greater financial losses, and complex legal challenges. If you have been involved in a truck accident in Texas, it is crucial to understand why these cases are more complicated than standard car accident claims. McGilberry & Shirer LLP is here to guide you through the legal process and ensure you receive the compensation you deserve.
The Severity of Truck Accidents
One of the most significant differences between car and truck accidents is the severity of the impact. Trucks weigh up to 80,000 pounds, compared to an average passenger vehicle, which weighs about 4,000 pounds. This weight disparity results in:
- Greater impact force, leading to more catastrophic injuries or fatalities.
- More extensive property damage, making vehicle repair or replacement costs much higher.
- Higher medical expenses, as truck accidents often cause long-term disabilities requiring ongoing treatment.
Liability in Truck Accidents Is More Complex
Unlike car accidents, where liability typically falls on one or both drivers, truck accidents often involve multiple parties. Potentially liable parties include:
- The truck driver – If the driver was fatigued, distracted, or under the influence.
- The trucking company – If they failed to maintain their fleet or encouraged unsafe driving practices.
- The cargo company – If improper loading contributed to the accident.
- Truck manufacturers – If defective parts caused mechanical failure.
Determining liability requires an in-depth investigation, which is why having a truck accident attorney is essential.
Federal and State Regulations Complicate the Claims Process
Trucking companies and drivers must follow strict federal and state regulations, including:
- Hours of Service (HOS) rules, limiting how long a trucker can drive without rest.
- Weight restrictions, ensuring trucks do not exceed safe limits.
- Maintenance requirements, mandating regular inspections and repairs.
If a trucking company or driver violates these laws, it can serve as strong evidence of negligence in a claim. However, proving these violations requires extensive legal knowledge and access to trucking records.
Insurance Coverage Is More Extensive
Trucking companies carry higher insurance coverage than individual drivers, often with policies in the millions of dollars. While this might seem beneficial for victims, it also means that insurance companies will aggressively defend their policies to minimize payouts. Common tactics include:
- Delaying claims to pressure victims into accepting lower settlements.
- Disputing liability to avoid paying damages.
- Offering quick settlements that do not fully cover medical costs and lost wages.
McGilberry & Shirer has extensive experience negotiating with trucking insurance companies and will fight to maximize your settlement.
Collecting Evidence Is More Challenging
To build a strong truck accident claim, significant evidence is required, including:
- Electronic logging device (ELD) records to check if the driver exceeded legal driving hours.
- Black box data, which records the truck’s speed, braking, and mechanical issues before the crash.
- Truck maintenance logs to determine if negligence contributed to the accident.
- Surveillance and dashcam footage from nearby businesses or other vehicles.
Truck companies may attempt to hide or destroy evidence to avoid liability. Our legal team acts quickly to preserve and obtain this critical information.
Compensation for Truck Accident Victims
Because truck accidents typically result in more significant losses, the compensation available is often much higher. Victims may be eligible for:
- Medical expenses, including surgeries, rehabilitation, and long-term care.
- Lost wages, including future earning potential if the injuries prevent returning to work.
- Pain and suffering, covering physical pain and emotional distress.
- Wrongful death damages, if a loved one was killed in the accident.
Why You Need a Truck Accident Lawyer
Truck accident claims involve multiple parties, complex regulations, and aggressive insurance companies. Trying to handle a claim alone can result in a lowball settlement that does not cover your needs. McGilberry & Shirer LLP has the resources, experience, and dedication needed to:
- Investigate the accident thoroughly.
- Identify all liable parties.
- Gather and preserve crucial evidence.
- Negotiate aggressively with insurance companies.
- Take your case to trial if necessary.
Contact McGilberry & Shirer for Expert Legal Representation
If you or a loved one has been involved in a truck accident, don’t navigate this complicated process alone. McGilberry & Shirer LLP specializes in handling truck accident lawyers in Dallas, TX and will fight for your rights every step of the way.
