Dallas 18 Wheeler Injury

Have you Suffered a Dallas 18-Wheeler Injury? Commercial Truck Accident Attorney Michael Grossman Discusses Your Legal Options

If you have spent any time at all sitting in the traffic on the highways in the Dallas-Fort Worth area – LBJ, I-20, I-30, I-35, Woodall Rodgers, Dallas North Tollway or George Bush Tollway – then you know that the highways in this area are teeming with 18-wheelers and commercial vehicles of all kinds, hauling goods all over the Lone Star State.

Semi-trucks make it possible for Texas companies to sell their good throughout the country, while at the same time allowing Texans to enjoy products from all over the world. However, the fruits of that commerce come at a price. All of those trucks on the road, driven by truckers who spend long hours every day on the monotonous highways, inevitably lead to accidents, deaths and Dallas 18-wheeler injuries.

If your or a loved has suffered a Dallas 18-wheeler injury, then truck accident specialist Michael Grossman and his associates at Grossman Law Offices want to help you. After litigating truck accident cases for 20 years, we sympathize with the pain you have sustained as a result of your injuries suffered in an accident with a semi-truck, but we also know that your dilemma has only begun. The quest to seek compensation for your Dallas 18-wheeler injury often adds even more stress. We want to ease this process for your by explaining your legal options and the obstacles you will likely face as you attempt to seek compensation.

Determining Who to Blame

The first thing you need to do after suffering a Dallas 18-wheeler injury is figure out who was to blame for the accident. While this might sound simple, figuring out fault for an accident can be complicated because many 18-wheeler accidents are caused by multiple parties who all contributed to the accident with their independent negligence. A legal concept in Texas law called respondeat superior holds employers accountable for the actions or inaction of their employers. Thus, if the trucker driver causes an 18-wheeler accident by committing standard negligence like falling asleep at the wheel or gross negligence like drunken driving, then the company that employs him is also liable for any injuries that ensue.

However, liability for a Dallas 18-wheeler injury does not have to be limited to the trucker driver and the company that employed him or her. Many different hands are involved with the transportation of goods via truck, so many different parties could have committed some form of negligence, causing a wreck and injuries. Many trucking companies farm out the complex process of planning a route for the truck to other companies. If the company that planned the route sent the truck into an area that was that not zoned for trucking, then it could be liable for any accidents that occur as a result. If the company that loaded the truck’s cargo failed to properly secure the payload and an accident results from a load shift during transit, then that company could be liable for any accidents and injuries that result. If the truck malfunctioned due to a design or assembly error, then the manufacturer could be held accountable. On the other hand, if the vehicle malfunctioned due to a maintenance mistake, then the mechanic could be held accountable. Of course, if you suffered a Dallas 18-wheeler injury, the accident may not have even been caused by the driver or anything to do with the truck. A motorist in another vehicle could have cut in front of the truck, forcing the driver to swerve and hit your vehicle.

With so many different possible parties to blame, you need the held of an experienced Dallas 18-wheeler accident attorney to determine the exact cause of your wreck with a diligent investigation and hold all of the liable parties responsible for their actions. In addition, the monetary damages must be divided among the liable parties according to the relative negligence of each party, and that complex calculation demands someone with extensive experience.

Can You Handle This Case Yourself?

Of course, Texas law permits anyone to represent him or herself, but it’s an extremely bad idea to do so. “Someone who represents himself in court has a fool for a client,” is the old adage, and a wise one it was. Successfully resolving an accident claim stemming from a Dallas 18-wheeler injury is an extremely complex process – whether a settlement is negotiated or litigation is necessary. Would you perform a kidney transplant on your twin daughters or build a super collider in your backyard? Certainly not, because those are intricate procedures calling for the skill, training and resources of trained professional, and the same goes for resolving a personal injury claim involving an 18-wheeler accident. You need the assistance of a well-seasoned and time-tested Dallas semi-truck accident lawyer.

You’re Battling Big Business

In order to protect against the inevitable accidents and injuries that occur, the federal government mandates that all trucking companies must have insurance. For this purpose, most trucking companies purchase enormous insurance policies, causing most people to believe that they will be easily and quickly compensated for any injury suffered. Unfortunately, that is rarely the case. Since there are enormous amounts of money at risk in these policies, insurance companies go to great lengths to defend them. Another old adage governs the insurance industry – “if you give someone an inch, he will take a mile.” Insurance adjusters believe that if they give in to your demands for compensation, then you will only want more. Moreover, the next injured party is going to expect even more.

The Texas Civil Practices and Remedies Code allows victims of accidents to pursue compensation from the party who caused the accident, but the law doesn’t require the responsible party to volunteer payment. The burden of proof falls on the victim, also known as the plaintiff, to establish that the defendant’s negligence caused the accident, and that the plaintiff’s injuries resulted from that negligence. Furthermore, once causation has been proven, the plaintiff also holds the burden of proof for demonstrating the equity of the compensation requested. Insurance companies and defendants have rights too. In most cases, they will attempt to deny causation outright. If that fails, then they will indubitably contest the amount of damages requested, suggesting that the plaintiff has greatly inflated these figures. In order to receive the compensation you deserve for your Dallas 18-wheeler injury, you will need to retain the services of a Dallas semi-truck accident attorney who can combat all of the tricks of the insurance and trucking companies.

Insurance Company Defense Specialists

Since you’re reading this, you’re obviously looking for a lawyer, but you also haven’t secured one yet. The insurance company was ready to handle your claim before you were even injured by keeping a staff of defense attorneys on staff year-round, just waiting for accidents to happen. These lawyers specialize in truck accidents, and they know how to make an innocent victim look responsible for his or her own injuries. As soon as the accident is reported, these lawyers race to the scene to conduct an investigation with the sole purpose of pointing the finger at the potential plaintiff. If they can’t find that evidence, they can point the finger at someone else – as we’ve stated, multiple parties often help cause accidents. In many cases, the defense specialists finish their investigation and devise a legal strategy before the victim has even found a lawyer. You need to find a lawyer immediately, so your counsel can not only keep pace with the defense’s investigation, but also make sure the defense is conducting that investigation with integrity.

Beware Pushy Insurance Investigators

The commercial insurance adjuster whom you will be dealing with should not be mistaken for your friendly neighborhood insurance agent who relies upon your patronage to keep his or her business afloat. With so much money at stake, insurance companies assign only their toughest and most experienced adjusters to handle claims involving 18-wheeler injuries. These insurance adjusters are solely interested in increasing their company profits and impressing their bosses by denying your claim or limiting the payout the insurance company owes you. However, they’re clever and they prey upon the amicable relationship you have with your personal insurance agent, and they tell you that they want to help you get the fair compensation you deserve. But first, they want you to answer some standard questions. In fact, they’re trying to trick you into admitting your own liability. If they can make you appear completely responsible for your own injuries with your own negligence, then they can deny your claim. However, a partial admission of liability can greatly reduce the amount they owe you, as well. If permitted to do so, they will bombard you repeatedly with questions until you slip up. Particularly clever and aggressive insurance adjusters will take advantage of accident victims’ need for closure and even offer you a settlement in return for surrendering your right to sue them later on. Rest assured, if an insurance adjuster offers you a settlement before you’ve hired a lawyer, then that undoubtedly is a sub-par offer that will not come close to adequately compensating you for the Dallas 18-wheeler injury you have sustained. Do not sign away your right to sue before consulting with a competent attorney of your choosing.

Big city insurance adjusters love nothing more than arriving from New York or Chicago to negotiate and find themselves sitting across the table from someone without any legal experience. They know that they can manhandle any non-lawyer who attempts to represent him or herself. You need to find an experienced Dallas truck accident attorney who has spent years learning the best methods for dealing and negotiating with the insurance companies so that you can secure the fair compensation you deserve for your Dallas 18-wheeler injury. Insurance companies only respect 18-wheeler accident attorneys with long track records of success, time-tested skills and strong evidence.

Don’t Depend on the Truck Driver’s Honesty and Goodness

If you plan to rely on the truck driver’s sense of decency, then you’re making an enormous error. In almost every instance, a truck driver who is found to have negligently caused an accident, making his own company liable for injuries and fatalities that occur as a result is fired. Moreover, that trucker is not likely to find a job driving for another reputable trucking company with such a driving record. Considering the state of the economy and the abnormally high unemployment rate, many otherwise honest people will lie to protect their livelihoods and their ability to support their families.

For example, a man once hired our firm after being injured in an accident at night with a truck, only to have the driver falsely accuse him of driving without headlamps. Our lawyers investigated the scene of the accidents and spotted a security camera outside a nearby store that appeared to be angled at the point of impact. The video footage showed that our client did indeed have his lights on when his car the truck struck his car. Our attorneys were able to shine a light on the trucker’s lie, but this case is not a solitary incident. Lies and misrepresentations are commonplace in 18-wheeler accident litigation. An experienced Dallas 18-wheeler accident lawyer knows the importance of a thorough investigation to find the necessary evidence and a well-crafted deposition strategy to catch liars in the act. During the two decades we’ve been handling truck accident cases, we’ve questioned thousands of witnesses and searched hundreds of accident scenes, so we have the experience needed to prove your case, allowing you to receive the restitution you deserve.

Self-Insured Companies can be Even More Treacherous

Some trucking companies a lot not to purchase standard insurance policies to protect against accidents and injuries and instead set aside a portion of their assets for this purpose. The federal government regulates insurance companies, registering them, licensing their agents and adjusters and maintaining minimum ethical guidelines. If companies violate this ethical code, they can be sanctioned and their adjusters can be stripped of their licenses. Self-insured companies, however, are not constrained by any ethical regulations, so dealing with them is like trying to talk a rabid pit bull into cuddling. Rather than negotiating with an insurance adjuster, you will be dealing with an officer of the self-insured company who no doubt derives a large portion of his or her income from profit sharing. Thus, the more money this officer allows you to have in compensation, the less money he or she is going to have in his or her bank account, giving the office every incentive to cheat your and deny your claim. As a result, self-insured companies have been known to destroy evidence that could prove the claims of plaintiffs, bribe witnesses and threaten the victims. If you are being bullied or intimidated by a self-insured company, you desperately need to contact an attorney. Our law firm can take immediate action to force a self-insured company to behave ethically and negotiate in good faith.

Knowledge is Not Enough – You Need the Help Only Experienced can Deliver

Sure, you can learn about the laws involved in your case with a simple and easy Google search. However, knowledge of the law is not nearly enough to be successful with a personal injury lawsuit stemming from a Dallas 18-wheeler injury. You need someone who knows the proper procedures involved with such a suit, how to devise a strategy in response to the specific details of your case, and the best ways to convince the insurance company to settle or the jury to rule in your favor. None of those skills can be learned with an online search but require many years of trial and error with other similar cases. Can you prepare a demand packet, answer an interrogatory, respond to a list of admissions or react to a counter-suit correctly? You need someone who can.

The only thing that motivates an insurance company to negotiate in good faith is the threat of a lawyer with a long history of success against them. Grossman Law Offices has won hundreds of cases against every major insurance company in the country, delivering millions and millions of dollars to our clients. Insurance companies are delighted when they take on non-lawyers, but they’re hesitant to face our attorneys in court. All we need to do is threaten a lawsuit, and they often offer fair and adequate settlements rather than take us to court.

How Should you Move Forward?

Right now, it’s critically essential that you act fast. You need to find a lawyer, so that he or she can begin investigating immediately while there is still any evidence to find. Particularly in truck accident cases that occur on busy roadways, evidence begins to disappear or change immediately following the accident – witnesses disappear or forget exactly what they saw, videos get taped over, documents are destroyed, and the physical state of the accident scene evolves. As soon as we’re hired, our attorneys tirelessly and diligently investigate the accident scene, looking for any evidence that can prove our clients’ claims. We sequester and search all of the vehicles involved in the accident, locate and examine any video or photographic evidence, review police reports, locate and interview eyewitnesses, and measure the distance from skid marks to the points of impact. Moreover, we’re careful to document any and all evidence we find in a catalog, so that it’s admissible in court. Such a timely and thorough investigation is often the only way to prove our clients’ cases.

Case in point – the families of two men who were involved in a terrible accident with an 18-wheeler once hired our firm. The truck driver caused the accident when he attempted to make an overly tight turn at night and managed to get his trailer stuck in the middle of the road, obstructing the free flow of traffic in either direction. As hard as it may be to believe, this is a fairly common cause of 18-wheeler accidents. Since it was a particularly dark night, the only part of the trailer that was visible to other drivers were the taillights by the side of the road, leaving the body of the trailer as a dangerous obstruction, invisible to oncoming traffic. Our clients’ loved ones came around a bend in the road and slammed into the trailer, ripping off the roof of the car, killing the driver and sending the passenger into intensive care, fighting for his life. As soon as our firm was hired the next day, our attorneys raced to the scene to investigate only to find the wrecked car had already been towed to a nearby salvage yard. After finding the car in the junkyard, we were stunned to discover that the car in question had no headlights. No, the headlights weren’t broken but were gone entirely. Finding this odd and concerned for the fate of our clients’ case, we continued to investigate and found that the salvage yard had a video surveillance system. We secured a copy of the video and again were stunned by what we found. The video showed the truck driver stealing the headlights out of the car, providing his own illegal evidence to back a lie that the dead man was driving a car without headlights. The trucking company attempted to propagate this lie later on, and we used the video to reveal their deception, literally catching them like a deer in the headlights.

Let this example prove the importance of a timely and thorough investigation. The salvage yard’s surveillance system was designed to tape over its own memory every two days. Had the families of the two men waited any longer to hire us, then the case would have been lost and the trucking company would have succeeded with its deceit. Only through an immediate investigation could we protect our clients’ right to receive compensation.

Grossman Law Offices can Help You

For the past 20 years, the attorneys at Grossman Law Offices have been mastering the intricate process of personal injury litigation to resolve truck accident cases, turning hundreds of injured victims into satisfied clients. If you’ve suffered a Dallas 18-wheeler injury, then we can help you too by making sure all of the liable parties pay and you receive the compensation you deserve.

Call us today at 1-855-258-1111 (toll free) for a free consultation, and we can discuss the specific details of your case, explain any legal concept you’re still struggling to understand and tell you how we can be of assistance.