Big Rig Accidents - Elements That Must be Proven to win Your Case
If you or a member of your family has been in an accident with a big rig truck, you have probably suffered losses. In these cases, you may have to present your case to a jury and or judge. Of key importance is for you to understand exactly what you must prove in order to win. Generally, the main legal theory which establishes liability in a big rig accident case is called "negligence." Sometimes, in a particularly egregious case, the theory of liability may rise to that of “gross negligence.” In a “negligence” type case, there are two steps to establishing liability to pay for your damages. First, the business, person or entity must be held "negligent" if they fail in the general duty we all have to exercise "reasonable care under the circumstances." Second, you, the plaintiff, suffered injury because of that failure to exercise the needed care. People injured in commercial or big rig accidents are required to offer proof by a preponderance of the evidence:
That one or more of the defendants (trucking company, driver, or another responsible party) owed you, the plaintiff, a duty to exercise a reasonable degree of care to not injure you, considering the circumstances surrounding the accident in question. This element can be, and usually is, assumed or stipulated, because of the basic fact that any and all drivers on the road in Texas owe this legal duty to use reasonable care in relation to their fellow drivers, pedestrians and passengers;
That the defendant did not exercise the legally required reasonable care, or did in fact breach this general duty to use reasonable care;
That the defendant or the defendant’s failure to use this legally required reasonable care was in fact the cause of the injuries to the plaintiff or plaintiffs who have suffered.
We at Carabin Shaw have the experience and resources needed to establish these things, and prove them, at any trial or hearing in your case. All cases of course depend on the specific facts of that case. We at Carabin Shaw will make the most of the facts as they exist in your case. We will do everything that can be legally done to get you the maximum recovery allowed by the law.
We offer a free initial consultation with no obligation to you. We take all of our injury cases on a “contingent fee” basis. This means that until we get you a recovery, you do not owe us a legal fee. We have members of our legal team standing by 24 hours a day, 7 days a week to take your call and set up your no obligation initial case consultation.
If you have been in an accident with a big rig in Corpus Christi, give us a call and we will get to work immediately preserving evidence and preparing your case. Our law firm can be the best team to have on your side.
Are you in Corpus Christi? Have you been in an accident with an 18 wheeler or other big rig?
Give Carabin Shaw a call. We can help. Call us at 361.444.1111, local if you’re in Corpus Christi.
The Carabin Shaw Offices in Corpus Christi are located two blocks south of the Nueces County Courthouse in Corpus Christi, Texas.
Our Corpus Christi telephones are answered 24 hours a day, 7 days a week. Call 361.444.1111.