Round Rock, TX Truck Accident Lawyer
If you have been injured in a truck accident in Round Rock, Texas, you may have a truck accident claim. The experienced Round Rock personal injury lawyers at Lorenz & Lorenz, LLP will assist you in determining your rights and the best course of action for your case.
At Lorenz & Lorenz, LLP, we only represent accident victims across the state of Texas, so you can rest assured that you are receiving solid advice. If you are wondering about your next steps, schedule a free consultation to discuss your options.
Why Should I Hire a Personal Injury Lawyer for My Truck Accident Claim?
Truck accident claims are more complex than standard car accident claims because the drivers of large and semi-trucks are often employees or agents of large transport companies.
Additionally, there may be more than one responsible party, and all options should be thoroughly explored.
Truck accident personal injury claims are meant to compensate the victim for his or her injuries and future expenses relating to the accident, and in cases of gross negligence, may also be used to create an example out of the responsible party (explained in more detail below).
Additionally, the companies that employ drivers of large trucks typically have multi-million dollars in coverage. Despite the amount of coverage, they are often reluctant to pay.
When you hire the experienced Round Rock, TX personal injury lawyers at Lorenz & Lorenz, LLP, you can rest assured that we:
- Only represent accident victims;
- Handle thousands of truck accident cases in Texas;
- Utilize extensive resources including in-house investigators;
- Have a network of medical experts;
- Will work tirelessly to build the strongest case for you; and
- Are highly rated as Rising Star Super Lawyers;
Civil personal injury truck accident lawsuits require the skill and expertise of a lawyer who can hold the responsible parties accountable and fight the insurance company for proper compensation. Call our Austin, TX law office to get our legal team in your corner today.
Overview of Truck Accidents in Texas
Due to the amount of industry occurring in and transporting through the state of Texas, truck accidents occur frequently. In fact, 62% of all accidents occur on highways and interstates. Texas has the most semi-truck accidents of any other state in the United States, and of those, roughly 400 accidents involving semi-trucks resulted in a fatality, and nearly 900 accidents involving semi-trucks resulted in serious injuries annually.
For purposes of this article, we use the words “truck accident” or “semi-truck accident,” but there are actually many large vehicles included in this classification, including:
- Delivery trucks (think FedEx or UPS)
- Grocery or refrigerated trucks
- Utility trucks such as garbage or recycling trucks
- Dump trucks
- Cement trucks
- Tow trucks
- Oil and gas trucks
- Any vehicle weighing over 33,000 pounds or having 3 or more axles
The accidents involving large trucks and the resulting injuries are often more serious than typical car accidents due to the weight of the truck. As such, they should be prosecuted more seriously.
An action for a truck accident may be brought by the injured party against any one or all of the individuals, companies, or agents contributing to the accident, and the criminal prosecution of a party does not preclude a successful personal injury truck accident claim. The experienced attorneys at Lorenz & Lorenz, LLP will fight for full compensation for your injuries.
Causes of Truck Accident Accidents in Round Rock, Texas
Any person injured in a truck accident may have a truck accident claim. Truck accidents are sometimes partially the fault of a third party, not the truck driver. Common causes of truck accidents in Round Rock, Texas include:
- Distracted driving
- Wet roads
- Driving while tired or falling asleep while driving
- Driving while under the influence of alcohol or other substances
- Defective equipment or truck
- Inadequate training on behalf of the truck driver
- Failure to properly load cargo
- Logistics issues
Due to the weight of semi-trucks and large trucks, its involvement in an accident can unfortunately catapult a minor accident into a catastrophic one.
Proving Liability in Truck Accidents in Round Rock, Texas
A successful truck accident personal injury claim requires proving four elements. The person filing the claim must prove that the driver, company, or manufacturer whose action or inaction caused the accident owed a duty, breached that duty, that the injury was the direct result of that breach, and damages. Each of these four elements is discussed in more detail below:
The duty owed depends on the relationship that the person who causes the accident has to the person who was injured. In most situations, a person simply has a duty to act reasonably and not to cause harm. For example, a truck driver owes a duty to operate the vehicle as a reasonable person would.
A breach occurs when the person does not live up to the duty he or she owes. In an accident caused by a truck driver who was operating a vehicle while under the influence, the truck driver breached the duty to operate the vehicle as a reasonable person would by operating the vehicle under the influence of alcohol or other substances.
The injury that resulted in the accident must have been directly caused by the person’s action or inaction. For example, if a truck driver owed a duty to operate a vehicle as a reasonable person would and breached that duty because he or she was under the influence at the time of the accident, but the accident occurred because the victim failed to observe a traffic signal and drove into the truck driver’s path, then the breach of duty by the truck driver in this example may not be sufficient to cause the victim’s injuries and therefore, may lack causation.
Proving “causation” requires two prongs to be satisfied:
- Proximate cause; and
Proximate cause requires a showing that the injury was a logical result of the breach of duty owed; a reasonably prudent person could have predicted that the person’s action or inaction would cause the injury. Cause-in-fact (also called the “but for” test) means that but for the person’s action or inaction, the injury would not have happened. Causation is generally a question that is decided by a jury in a truck accident lawsuit.
In order for a truck accident suit to be successful, damages must be proven. This is typically accomplished by providing evidence of the victim’s medical bills, reduced earning capacity and future lost earnings, age, and health. Additionally, if the accident is a result of the gross negligence of another person, there may be additional damages available.
Statute of Limitations for Filing a Truck Accident Claim in Round Rock, Texas
The statute of limitations for filing a truck accident claim in Texas is two years from the date of the accident. Unfortunately, due to the short period of time for filing truck accident claims, many claims are filed outside of the statute of limitations and are dismissed as a result.
If you have a question about your claim or whether you are within the statute of limitations period for filing purposes, you should consult an experienced truck accident lawyer in Round Rock, TX immediately.
How Sharing Fault For a Truck Accident Can Affect Your Injury Claim
Texas observes a modified comparative negligence doctrine in assessing truck accident liability. This means that each party involved in an accident is responsible for his or her own contribution to the accident.
Under Texas state law, truck accident victims can recover compensation for their injuries as long as their share of responsibility is no greater than 50 percent. If your proportionate responsibility is 51% or more, you’ll be entitled to no financial award. If you’re allocated some of the blame, but less than 51%, you can walk away with a reduced award. Damages are reduced by degree of fault.
For example, if the victim that failed to observe the traffic signal in the example above is found to be 45% at fault for causing the accident, and the truck driver that was driving under the influence is found to be 55% at fault, then the victim may recover 45% of her damages against the truck driver.
Damages Available in a Truck Accident Lawsuit
Damages like medical bills and earning capacity are typically proven using quantifiable data such as the medical bills themselves and payroll records. However, damages such as mental anguish, pain and suffering, and loss of enjoyment of life are impossible to reduce to a monetary value and are therefore proven by other means such as the testimony of witnesses. The experienced attorneys at Lorenz & Lorenz, LLP will analyze every aspect of your truck accident claim and thoroughly prepare the strongest case for you.
Exemplary damages may be awarded in cases of gross negligence or where the victim’s death was caused by a willful act or omission. Gross negligence is more than just carelessness – it occurs when the responsible party recklessly disregards the applicable standard of care and the resulting consequences to another person. Exemplary damages, as the name suggests, intend to make an “example” out of the person responsible for the injuries with the hope of encouraging others to avoid future similar actions.
Schedule a Free Consultation With Our Round Rock, TX Truck Accident Lawyer
Have you or a loved one been injured in a truck accident in Round Rock, TX? The experienced team at Lorenz & Lorenz, LLP will do the heavy lifting so you can focus on your recovery. When you hire the experienced Round Rock, TX truck accident lawyers at Lorenz & Lorenz, LLP you can rest assured that our skilled team will represent you to the fullest and seek full compensation for your injuries. Schedule your free initial consultation to discuss your options and learn more about how we will work for you.