Laredo Oilfield Truck Accidents: When Can an Injured Texas Worker Sue a Trucking Company?
Laredo oil fields are some of the most dangerous places to work in Texas, with daily risks from heavy machinery and big rigs driving in and out of the area. A collision with a commercial truck can lead to life-changing injuries. If a worker is injured in an oilfield truck accident, what are their rights?
The Texas oilfield accident lawyers at Carabin Shaw protect the rights of injured oilfield workers. We provide a free case review in English or Spanish to help you understand your legal rights. Call us 24/7 at 1-800-862-1260 or contact us online to book yours as soon as possible; you owe no money unless we win your case.
Can You Sue Your Employer in Laredo, Texas?If your employer's truck caused the accident, you may wonder if your lawyer can hold them liable for your injuries. The answer to this question depends on two key factors:
- Does your employer carry workers’ compensation insurance?
- Did your employer’s negligence lead directly to your injuries?
If your employer has workers’ compensation, you may not sue for damages. However, you can file a claim with the insurance for your medical bills and a portion of your lost wages. This insurance is available regardless of whether your employer caused the accident, but accident victims often find the compensation doesn’t go far enough if they suffer serious injuries.
Texas is the only state that does not require employers to carry workers’ comp, and some oil and gas companies do not. If your employer does not carry it, you may pursue a personal injury claim against them. Your Laredo oilfield truck accident lawyer must prove that your employer’s negligence led directly to your accident and injuries. Examples of negligence might include:
- Employing unqualified drivers or failing to train them properly
- Poor maintenance or skipping inspections on vehicles
- Violations of hours-of-service for their drivers
- Improper cargo loading causing the truck to lose control
- Unrealistic deadlines that lead to speeding and reckless driving
Your attorney will gather evidence, such as maintenance records, driver logs, and black box data from the truck to prove negligence and hold your employer liable for your injuries. If the truck driver was at fault, you may still pursue damages from your employer under the vicarious liability rule.
Situations Where You Can Sue a Trucking CompanyWhile oilfield operations depend on trucks to move sand, water, and equipment through the area, the companies running those big rigs may be different from your employer. If a separate trucking company was responsible for the vehicle that caused your accident, your workplace injury lawyer in Laredo TX can sue the trucking company if you can prove negligence caused your accident.
You will need to follow the same process of investigating the accident and gathering evidence to prove the truck driver or the trucking company’s negligence led directly to your accident and injuries. Your lawyer will file a personal injury claim with the company’s insurance provider, seeking damages for your medical bills, lost wages, and other intangible losses.
How Your Oilfield Worker Injury Lawyer Can HelpGathering evidence for your personal injury claim is not easy when you are dealing with a large trucking company. Records and logs can be lost, and black box data and dashcam footage can be erased or overwritten. Your attorney will send a legal preservation letter to the company immediately to prevent destruction of critical evidence for your claim.
Filing a personal injury claim with a trucking company’s insurance provider is also more challenging than it sounds. Insurance adjusters are trained to look for reasons to reduce or deny claims, often using an accident victim’s own words against them. Your oilfield worker injury lawyer is familiar with these tactics and will handle communications with the insurance company to protect you from saying anything that could harm your case.
Don’t Suffer in Silence After a Texas Oilfield Accident | Contact Carabin Shaw to Get the Justice and Compensation You Deserve Today!An oilfield trucking accident can result in severe injuries, leaving you out of work and unable to pay your bills. Our Texas work accident attorneys can help, as our law firm’s client reviews attest. When you work with Carabin Shaw, you pay nothing unless we win your case. Call us now at 1-800-862-1260 or contact us online to book your FREE, no-obligation initial consultation.
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