Dallas Truck Accident Attorneys
We Can Handle Your 18-Wheeler Case in Dallas
Crashes involving large trucks, such as 18 wheelers, can be as technically complex to litigate as they can be tragic. Due to the sheer size and weight of the vehicles involved, injuries and damages from a truck wreck are often devastating. These cases involve dozens of factors—from the weather before the crash to the maintenance record for each vehicle involved to the background of the drivers—and result in a case in which the outcome can be determined by technical expertise and the testimony of knowledgeable industry experts.
Determining Fault & Liability in Truck Accidents
Unlike your typical car wreck, determining liability is a bit more complicated in a commercial truck accident. The negligent driver may very well be at fault, but so could a handful of other parties such as the owner of the truck or the person leasing the trailer, manufacturer of the trailer, the shipper or loader of the cargo, or even the government. Due to these complexities, a trucking company may not be willing to pay for your medical bills, lost wages and other damages—passing on the blame instead of taking responsibility.
For this reason, liability can fall on any number of parties:
- The driver. A driver may cause an accident due to impaired driving, speeding, tailgating, distracted driving, failing to adhere to local traffic laws or allowing the trailer to be improperly loaded. If so, you may be able to make a claim directly against the driver. Fault also depends on if the driver is an employee or an independent contractor.
- The owner of the truck/trailer. If the owner of the truck and/or trailer acts negligently, they may be held responsible. This can occur if the trucking company fails to inspect and maintain their vehicle or if they pressure their drivers to ignore federal rules and regulations.
- The person who leased the truck/trailer. In the same way that the owner of the truck and/or trailer may be accountable, the person or company who leased it can also be held responsible for negligence.
- The third-party maintenance and repair company. If the trucking company hires a third party to inspect their fleet of trucks, they may be at fault.
- The manufacturer of the truck, trailer, tires or other parts that may have contributed to the accident. A poorly designed tire that explodes in the middle of a highway or a defective axle can cause a truck accident. If so, the manufacturer may be at fault.
- The shipper or loader of the cargo. Improperly loaded and overloaded cargo can make it harder to control a truck, causing it to jackknife or flip over. If the shipper/loader of the truck’s cargo is a third-party, they may be responsible.
- The government. If a poorly designed or maintained road is the reason for the accident, it may be possible to file a claim against the liable government agency.
If any of these factors caused your accident, you may be able to sue as long as a thorough investigation is made proving the fault of the other party. This will require a vast collection of evidence, including truck weight, cargo information, hours of service, the driver’s CDL license, inspection records, GPS tracking and more—all of which may be presented in your claim. An experienced truck accident lawyer can help you with the process of gathering evidence and proving that the driver of the truck (or other liable party) was in violation of state or federal regulations.
A Team Known for Thorough Investigations
Our attorneys at Lyons & Simmons, LLP have extensive experience handling personal injury lawsuits involving truck wrecks across the country. We know a timely investigation is paramount to developing the best case possible for our clients, and sometimes, that means immediately traveling to the scene of a crash to ensure evidence is properly preserved and documented, whether it’s 3:00 am or 3:00 pm.