Determining Who Is Responsible For Your Harlingen Trucking Accident
Harlingen, Texas roads are high-risk zones for 18 wheeler trucking accidents. 52% of truck driving accidents occur on major roads other than interstates and highways, and most fatal crashes take place on rural roads. If you’ve been involved in a crash, you may be curious about determining who is responsible for your Harlingen trucking accident. Determining fault is an important piece in earning financial compensation or damages, and you can learn more about receiving compensation by connecting with a lawyer from the office of Carabin Shaw.What is Fault and How is it Proven?
The legal definition of fault includes, “negligent or intentional failure to act reasonably,” which includes failure to follow the law. 18 wheeler accident lawyers in Harlingen prove fault or negligence by demonstrating that the driver’s negligence directly caused your injuries. Negligence includes these four elements:
- Duty: Each driver has a duty to the law
- Breach: A driver acts in a way that violates their duty
- Cause: The breach of duty causes an accident
- Harm: Harm or injury is a direct effect from the accident, which happened because of the breach of duty
A skilled attorney will incorporate these components into their argument or negotiation.What are Examples of a Breach of Duty?
In this situation, a breach of duty would be acting in a way that violates traffic laws. For example:
- Driving under the influence of drugs or alcohol
- Driving while overly fatigued
- Using mobile devices and driving
- General distracted driving
- Failure to adequately maintain the truck
A Harlingen accident attorney will inquire about any of these behaviors during the time of the accident. About 23% of fatal crashes were due to a loss of control over the vehicle, and determining who is responsible for your Harlingen trucking accident relies on understanding the actions of the drivers and the precrash event.What If the Truck Driver is Liable?
If the truck driver or trucking company is held liable for the accident, then you may be eligible to receive financial compensation, especially if you’ve sustained injuries. A trucking company may be liable if they’ve failed to upkeep their rigs or if they hired a driver with a faulty background.
In this case, the responsible party may offer a settlement. A settlement occurs when financial compensation is offered in exchange for agreeing to a contract, and it can happen at any point during the legal process. Working with the trucking accident attorneys in Harlingen guarantee specialized knowledge in personal injury and local traffic laws. It’s beneficial to you to work with a lawyer who understands your interests and fights for you.What Could I Sue For?
You could sue for the following:
- Medical bills: including transport, exams, medications, surgeries, and future medical care
- Loss of companionship: Especially for children and spouses
- Pain and suffering: Includes emotional pain, anguish, depression
- Lost wages and benefits: If your accident changed your ability to work, then you may be able to earn lost current and future wages
The 18 wheeler accident lawyers in Harlingen want to represent you and help you gain what you deserve. Trucking accidents can be extremely serious, resulting in life-altering injuries or wrongful death.When Should I File a Lawsuit?
You should speak to a Harlingen accident attorney as soon as you are able. The statute of limitations or time limit to file a claim with an attorney is two years. So, you have two years from your accident to file a lawsuit.What Should I Do Next?
Talk to our trucking accident lawyers in Harlingen from the office of Carabin Shaw. We offer numerous benefits, such as a free initial consultation. Additionally, you only pay if you win. We’ve won over $1 billion for our clients, so call our Harlingen, Texas office and see what we can do for you today: 956-333-3333 or toll-free at 800-862-1260.