Tolleson Truck Accident Lawyer

With their massive size and weight, commercial trucks pose significant risks on the road. When accidents involving them occur, the consequences can be devastating. The complexities of truck accident cases require a specialized approach, as multiple parties may be involved, and various regulations govern the trucking industry.

At Gerber Injury Law, our team of experienced Tolleson truck accident lawyers is dedicated to helping victims navigate the legal landscape after a traumatic event. We understand the challenges you face, from medical bills to emotional distress, and we are committed to advocating for your rights.

Before we discuss how we do that, though, let’s get a better understanding of why truck accidents happen in the first place.

Common Causes of Truck Accidents in Tolleson

Understanding the common causes of truck accidents is crucial for promoting safer roadways and protecting drivers and pedestrians alike. In Tolleson, several factors frequently contribute to truck accidents, and being aware of these can help you stay vigilant. Here are some of the key causes:

Driver Fatigue

Long hours on the road can lead to driver fatigue, significantly impairing reaction times and decision-making. Truck drivers often face tight schedules, making drowsiness a persistent risk. A fatigued driver may struggle to maintain focus, increasing the likelihood of accidents.

Distracted Driving

Distracted driving is a major concern in the trucking industry. Truck drivers may engage in activities like texting, using a GPS, or eating while driving, diverting their attention from the road. This lapse in focus can result in severe accidents, as even a momentary distraction can have catastrophic consequences.

Speeding

To meet delivery deadlines, some truck drivers may exceed speed limits. Speeding reduces a driver’s ability to react quickly to hazards and increases stopping distances. The combination of a large vehicle traveling at high speeds can lead to devastating collisions.

Poor Weather Conditions

Tolleson experiences various weather conditions that can impact driving safety, such as rain, fog, and heat. Reduced visibility and traction can make it more challenging for trucks to navigate, increasing the risk of accidents. Drivers may struggle to control their vehicles in adverse conditions, leading to potential crashes.

Improper Maintenance

Regular maintenance is essential for ensuring that trucks operate safely. Neglecting routine inspections can lead to mechanical failures, such as brake malfunctions or tire blowouts. These issues can arise suddenly, causing drivers to lose control and resulting in serious accidents.

Overloaded Trucks

Trucking regulations establish weight limits to ensure safe operation. However, some drivers may overload their vehicles, compromising their ability to handle turns and stop effectively. An overloaded truck is at a higher risk of tipping over or experiencing brake failure, posing dangers to everyone on the road.

Driving Under the Influence

Substance abuse, including alcohol and drugs, remains a significant factor in many truck accidents. Impairment, whether from illegal drugs or even legal medications, can lead to reckless behavior and poor judgment behind the wheel, dramatically increasing the chances of an accident.

Inexperienced Drivers

Inexperience can lead to poor decision-making and risky maneuvers. New truck drivers may not yet have the skills necessary to handle complex traffic situations or respond appropriately to sudden changes, putting themselves and others at risk.

Being informed about these common causes can help you recognize potential dangers on the road. If you or a loved one has been involved in a truck accident due to someone else’s negligence, it’s important to seek legal assistance to understand your rights and options.

Regardless of the reason for your accident, there are several steps you need to take in order to protect your health and strengthen your case. Let’s take a look at what you need to do in the days and weeks following your incident.

Steps to Take After a Tolleson Truck Accident

Being involved in a truck accident can be a traumatic experience, and knowing the right steps to take can significantly impact your health, safety, and potential legal claims. Here’s a comprehensive guide on what to do following a truck accident in Tolleson.

Document the Scene

Gather as much information as possible from the accident scene. Take photos of the vehicles involved, any visible damages, road conditions, and traffic signs or signals. If there are witnesses, obtain their contact information. These details can be valuable for your case later.

Exchange Information

Collect contact and insurance information from the truck driver and any other parties involved. This includes names, phone numbers, license plate numbers, and insurance details. Be polite, but avoid discussing the accident in detail or making statements that could be interpreted as admitting fault.

Seek Medical Attention

Even if you feel fine, it’s crucial to get checked by a medical professional. Some injuries, such as whiplash or concussions, may not manifest symptoms immediately. Prompt medical evaluation not only protects your health but also creates documentation of your injuries, which can be vital for any future claims.

Notify Your Insurance Company

Contact your insurance provider as soon as possible to report the accident. Provide them with the necessary information, but avoid making any recorded statements without consulting an attorney first. Be honest and stick to the facts when reporting the incident.

Keep Detailed Records

Maintain a comprehensive record of all expenses related to the accident, including medical bills, vehicle repairs, and any lost wages. Document your injuries and recovery process, noting any changes in your physical and emotional well-being. This information will be crucial for any potential claims or lawsuits.

Avoid Discussing Fault

Be cautious about discussing the accident with anyone at the scene, including the truck driver or witnesses. Admitting fault, even inadvertently, can complicate your case. Let your attorney handle any discussions regarding liability.

Consult with a Truck Accident Lawyer

Given the complexities involved in truck accident cases, it’s advisable to consult with an experienced attorney. A lawyer specializing in truck accidents can help you understand your rights, navigate the claims process, and pursue fair compensation. They will also help you investigate the accident, gather evidence, and negotiate with insurance companies.

With that in mind, let’s discuss exactly what your lawyer will do for you in a little more detail.

What Does a Truck Accident Attorney Do?

A truck accident attorney plays a crucial role in navigating the complexities of legal proceedings following a collision involving a commercial vehicle. Their primary responsibility is to advocate for the rights of victims, ensuring they receive the compensation they deserve for their injuries and losses.

From the outset, a truck accident attorney conducts a thorough investigation into the accident. This involves gathering evidence, such as police reports, eyewitness accounts, and photographs from the scene. They may also consult accident reconstruction experts to establish the circumstances leading to the crash and identify the parties responsible. This detailed analysis is essential in building a strong case.

Once the investigation is complete, the attorney assesses the full extent of the damages incurred by the victim. This includes not only immediate medical expenses and vehicle repairs but also long-term costs, such as rehabilitation and lost wages. They evaluate non-economic damages as well, such as pain and suffering, emotional distress, and loss of enjoyment of life. This comprehensive understanding of damages allows them to accurately determine a fair settlement amount.

Negotiating with insurance companies is another key responsibility of a truck accident attorney. Insurance companies often attempt to minimize payouts, using tactics that may undervalue a victim’s claim. A skilled attorney knows these strategies and can effectively negotiate on behalf of their client, advocating for a settlement that reflects the true impact of the accident.

If a fair settlement cannot be reached through negotiation, a truck accident attorney is prepared to take the case to court. They will file the necessary legal documents, represent the victim during hearings, and present evidence to support their case. Their legal expertise ensures that all procedural requirements are met, and they are skilled at arguing on behalf of their clients in front of a judge and jury.

Beyond the legal aspects, a truck accident attorney provides invaluable support to their clients during a challenging time. They help alleviate the stress associated with the legal process, allowing victims to focus on their recovery. This includes maintaining open communication, offering updates on the case’s progress, and addressing any questions or concerns the client may have.

Now that you understand the full scope of what your lawyer’s role in your case will be, let’s focus on one specific aspect of their job — determining liability and pursuing damages. We’ll start with the former.

Who Might Be Liable in a Tolleson Truck Accident Case?

Determining liability in a truck accident can be complex, as multiple parties may share responsibility. Understanding who might be liable is crucial for pursuing compensation for your injuries and losses. Here are some of the potential parties that could be held accountable in a Tolleson truck accident case:

Truck Driver

If the accident was caused by the driver’s negligence, such as distracted driving, speeding, or driving under the influence, they can be held personally liable for the damages resulting from the accident.

Trucking Company

The employer of the truck driver may also be liable, particularly if the driver was acting within the scope of their employment. If the trucking company failed to enforce safety regulations, neglected to provide adequate training, or pressured the driver to meet unrealistic delivery schedules, they could share liability.

Vehicle Manufacturer

Should the accident result from a defect in the truck or its components — such as faulty brakes or tires — the manufacturer might be held liable. Product liability claims can be complex, but they are essential if a mechanical failure contributed to the accident.

Maintenance Providers

If the truck was not properly maintained, the company or individual responsible for its upkeep could face liability. Negligent maintenance can lead to mechanical failures that result in accidents, and those who failed to conduct regular inspections or repairs may be held accountable.

Cargo Loaders

Improper loading or securing of cargo can significantly affect a truck’s stability and handling. If a loading company fails to adhere to weight limits or safety protocols, they may share liability for any accidents resulting from improper loading practices.

Other Drivers

In some cases, other motorists may contribute to the accident. If another driver engages in reckless behavior — such as sudden lane changes, tailgating, or driving under the influence — that leads to a collision with a truck, they can be held liable alongside the truck driver.

Government Entities

If poor road conditions, such as potholes or inadequate signage, contributed to the accident, government agencies responsible for road maintenance could also be held liable. Establishing liability in such cases may involve proving negligence on the part of the agency.

Determining liability is a complex job but an important one in understanding who to hold accountable. The primary way of enacting this accountability is by pursuing damages, which is the compensation available to you to help you recover from the incident. Let’s take a look at the damages that you might be able to secure.

Types of Damages Available After a Tolleson Truck Accident

If you’ve been involved in a truck accident in Tolleson, you may be entitled to various types of damages to compensate for your losses. These damages can generally be categorized into three main types: economic, non-economic, and punitive damages.

Economic Damages

Economic damages cover the tangible financial losses directly resulting from the accident. This category includes medical expenses, such as hospital bills, surgeries, rehabilitation, and any future medical care you may require.

Additionally, if your injuries prevent you from working, you can claim lost wages for the time you were unable to earn income, as well as any potential future earnings impacted by your injuries. Property damage is also included in economic damages, covering repairs or replacement of your vehicle and personal belongings that were damaged in the accident. Any costs related to ongoing rehabilitation or therapy can also be factored into this category.

Non-Economic Damages

Non-economic damages address the intangible losses you may experience following a truck accident. These can include pain and suffering, which compensates you for physical pain and emotional distress resulting from the accident. This category also encompasses loss of consortium, which pertains to the impact of your injuries on your relationship with your spouse, affecting companionship and intimacy.

Emotional distress, such as anxiety or depression following the traumatic event, is another critical component of non-economic damages, recognizing the psychological toll the accident may have taken on your well-being.

Punitive Damages

Punitive damages are awarded in cases where the responsible party’s conduct was particularly egregious or reckless. Unlike economic and non-economic damages, punitive damages are not tied to specific losses but are intended to punish the wrongdoer and deter similar behavior in the future. Examples may include cases involving driving under the influence or gross negligence, where the actions of the truck driver or trucking company show a blatant disregard for safety.

Injured in a Tolleson Truck Accident? Gerber Injury Law Is Here to Help

If you or a loved one has been injured in a truck accident in Tolleson, you don’t have to face the aftermath alone. At Gerber Injury Law, our dedicated team of experienced attorneys is committed to advocating for your rights and securing the compensation you deserve. We understand the physical, emotional, and financial toll that such accidents can take on victims and their families, and we are here to support you every step of the way.

If you’ve been injured in a truck accident in Tolleson, contact Gerber Injury Law today for a free consultation. Let us help you navigate this challenging time so you can focus on your recovery. Your path to justice starts here — reach out now.