Negligence in Trucking Accidents
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Truck accident negligence can be a difficult area of law to define and understand. Some cases of truck driver or trucking company negligence are clear-cut, but others are murkier. No matter the case, establishing truck accident negligence is the key to securing a successful outcome in a trucking accident lawsuit.
The experienced lawyers at Pierce | Skrabanek understand the complexities of establishing truck accident negligence. We can put this experience to use to help victims in Texas.
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Understanding Negligence
In the legal world, negligence is defined as acting below the average standard of care. For truck accidents, this could mean proving the truck driver, the trucking company or the truck manufacturer was responsible for the crash.
For example, an obvious case of truck driver negligence would be if a truck driver driving under the influence of drugs or alcohol struck your vehicle and caused an injury. It was negligent for the truck driver to get behind the wheel while intoxicated. But it can get much more complicated. It may be that the trucking company was liable for an accident for not properly maintaining the truck, or perhaps even a manufacturer sold a defective mechanical part. Perhaps it is a combination of these issues.
Once truck accident negligence is established, that party can be held responsible for the injuries and damage inflicted.
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Establishing a Legal Claim For Negligence
As with any personal injury case, your attorney will need to establish negligence to secure compensation.
To establish negligence, four criteria must be met:
- A truck accident attorney must prove the party had a duty to act in a responsible way that would not have put you at risk.
- Breach. It must be proven that the party breached that duty.
- The party’s actions must be the direct cause of your injury.
- Damages. Your attorney must prove that you suffered harm as a result of the injuries.
Every case is complicated and different in its own way. You will need a truck injury lawyer to navigate the bumps along the road to the settlement or verdict you need to move on in life. Our attorneys have experience building these cases in Texas.
The truck accident attorneys at Pierce | Skrabanek are here to help guide you and win your case. Call us today at 832-690-7000 or contact us online. Our consultation is free. We’ll be waiting to help.
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We know how tough things can get after an injury. That’s why we make your struggles our fight. With over three decades of combined experience, we’ve been the reliable allies our clients need, tackling financial hardships, physical pain, and major life changes. Our track record of successful verdicts and settlements speaks to our team’s passion and dedication to helping clients get the support and justice they need.
$565,000 Settlement for 18 Wheeler Victim
Summary: Paul obtained a $565,000 settlement on behalf of Mary Berryman who was involved in a collision with an 18-wheeler in December 2010. The case was settled out of court at a second mediation the week before trial. Berryman filed suit against Jose Peralta and Scorpion Transport in Dallas County Court alleging that Peralta ran a stop sign and caused a collision with her truck. Peralta and Scorpion alleged that Berryman was in the best position to avoid the collision simply by going around him. Ultimately, Berryman, now 62, suffered a back injury that required her to undergo surgery. Peralta and Scorpion contended that the 62-year-old’s condition was related to a prior incident in 2007 where doctor reports showed herniations in her low back and neck. After the first mediation in the case, the mediator issued a mediator’s proposal, which was rejected by both parties. However, at a second mediation, the week before trial, the Defendants and their insurance carrier paid in excess of the first mediator’s proposal. Paul was the lead attorney on the case.
$270,000 for the Victim of an 18-Wheeler Wide Turn
Summary: The Plaintiff was passing an intersection when an 18-wheeler made a wide turn into him. Paul obtained a $270,000 settlement despite minimal property damage done to his client’s vehicle and no surgeries performed on the Plaintiff.
