Texas plays a major role in the nation’s supply chain, with over 1.2 billion tons of freight transported annually on Texas highways. While Texas residents depend on the goods and services brought into and out of the state, they also face a significant risk of injuries when sharing the roads with fully loaded commercial trucks weighing an average of 76,000 pounds more than a standard passenger car. Truck drivers and trucking companies have a legal responsibility to carefully adhere to regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Failing to follow these standards puts motorists at risk and leaves truck drivers and trucking companies liable for damages; however, proving a claim is a complex process. Call the Pasadena truck accident attorneys at Linebaugh, Dority & Allen, LLP so we can evaluate your case and begin strategizing your recovery.
Why Choose Us at Linebaugh, Dority, & Allen, LLP?
With nearly 60 years of combined experience, the Texas truck accident attorneys at Linebaugh, Dority & Allen are uniquely qualified to investigate your truck accident, document evidence of liability, and make a compelling claim for the maximum compensation available to you. Our firm offers the following advantages for your truck accident case in Texas:
- A results-oriented approach to strive for the best possible outcome for every truck accident injury victim
- Lead attorney, Dan Linebaugh, is one of only 2% of Texas lawyers with a certification in truck accident law
- We are a team of devoted advocates for injury victim’s rights against insurance companies that prioritize profits over paying out fairly on claims
- We use open communication with clients, team strategizing, and the dedicated attention of an attorney working on your case to develop the best plan to move forward for the maximum compensation
- We have a track record of success that includes recent notable wins such as an $8.5 million recovery for a client injured in an accident with a dump truck and a $5 million win for the family of a truck accident victim who suffered fatal injuries
At Linebaugh, Dority, & Allen, we understand the trauma associated with truck accidents resulting in serious or catastrophic injuries. We never charge upfront fees to injury victims or their families. Instead, we offer free confidential consultations and only charge a fee after we recover your compensation through negotiating a settlement or winning a jury award in court for your damages.
Common Causes of Truck Accidents in Pasadena
Truck drivers and the companies they work for have a legal obligation to comply with regulations controlling important aspects of truck safety, including weight limits, truck maintenance, secure loads, and limits on driving hours. Drivers must also carefully follow traffic laws and take all reasonable measures to avoid causing an accident or injury to others on the road. Still, 5,837 commercial trucks were involved in traffic accidents in 2022, the most recent year with fully analyzed data. Common causes of commercial truck accidents in Pasadena include the following:
- Truck driver distraction
- Drowsy driving
- Tire blowouts
- Unsafe lane changes due to blind spots
- Equipment failure
- Overloaded or unbalanced loads
- Inexperienced or inadequately trained driver
- Tailgating
- Improper merging
- Failure to yield the right of way
- Inadequately maintained truck
- Intoxicated driving
- Tailgating
When a truck driver makes a driving error, acts negligently, or fails to follow required standards, regulations, and traffic laws, it leaves them or the company they work for liable for damages to victims.
How Do You Prove Liability In a Truck Accident Case?
Securing compensation in a commercial truck accident claim requires a thorough investigation into all aspects of the accident, including examining the police report, scrutinizing photos and videos, interviewing eyewitnesses, and consulting with accident reconstruction specialists. To prove liability, an attorney must determine the cause of the accident and then document evidence of the at-fault party’s liability. Proving liability requires evidence showing the following:
- The liable party owed a duty of care to take reasonable measures to prevent causing injuries to others
- They breached their duty through an act of negligence
- Their negligent breach of duty directly caused the accident and injuries
- The injury victim suffered damages, like medical expenses, lost wages, and pain and suffering
Common liable parties in truck accident claims include the driver if they are an independent contractor, a trucking company, a truck maintenance company, the manufacturer of a defective truck or trailer part, or a negligent freight loading company that left an unbalanced or unsecured load.
What Types of Compensation Can You Recover?
Truck accidents are devastating scenes, with the majority of injuries occurring to motorists in other involved vehicles rather than to the truck driver. Serious injuries are costly as well as painful and often debilitating. A successful truck accident claim for damages could recover compensation for damages such as the following:
- Past and future medical expenses
- Past and future wage losses
- Diminished future earning capacity (often the case after suffering disabling injuries)
- Compensation for pain and suffering
- Other non-economic damages that apply in individual cases, such as compensation for disfigurement, loss of one of the senses, traumatic limb loss, or diminished quality of life.
If a truck accident in Pasadena results in a fatality, family members may recover additional compensation in a wrongful death claim for damages, including funeral expenses, and the lost income of a provider.
How Long Do You Have to File a Truck Accident Claim In Texas?
Texas places time limits on personal injury claims, including truck accident injuries. Injury victims have up to two years from the accident date to file a claim or take the case to court if the insurance company fails to offer an acceptable settlement amount.
There are only a few exceptions to the two-year statute of limitations for truck accidents. When a minor suffers an injury, they have two years after their 18th birthday to file a Texas truck accident claim. The court may also extend the time limit for those who discover an injury sometime after the accident.
Call Our Pasadena Truck Accident Attorneys Today
No one should have to take on the unique challenges of a compensation claim against a large trucking company and insurance companies that don’t have the injury victim’s best interests at heart. Instead, reach out to the compassionate truck accident lawyers at Linebaugh, Dority & Allen, LLP. We are a law firm dedicated to achieving financial accountability and justice for truck accident victims in Pasadena and throughout Texas.