McAllen Oilfield Truck Accident Lawyer | Recover Damages After a Commercial Truck Accident

When an oil tanker truck driver loses control of their vehicle in McAllen, Texas, the results can be catastrophic. The weight of the vehicle and the flammable petroleum products within it often worsen accident outcomes. With an experienced lawyer, victims can pursue financial recovery for their damages.

The McAllen truck accident lawyers at Carabin Shaw want to help you seek some accountability for your truck accident injuries. Call or contact us online to schedule a free consultation. We have English- and Spanish-speaking staff ready to speak with you 24/7.

When you file a commercial vehicle personal injury claim, your lawyer must investigate the accident to discover its root cause. This will allow you to identify the primary at-fault party and any additional parties who may be liable as well. Texas is a comparative fault state, so liable parties are proportionately responsible for the damages they caused. For example, if a speeding truck driver crashed into a driver who wasn’t wearing a seatbelt, it is possible that both parties would be responsible for a portion of the damages.

In accidents involving oilfield trucks, a McAllen commercial truck accident lawyer would look at a wide array of evidence, including:

• Videos and photographs
• Evidence from the crash site
• Witness testimony
• Crash report from local law enforcement
• Truck driver’s licensure and driving record
• Driver’s log books
• Truck maintenance records

Determining a root cause is important to establish a chain of events that supports your liability claim. Most commercial crash claims are based on the tort of negligence, and your lawyer must prove not only that the driver should have acted differently to avoid the crash but also that their actions caused the damages you claim.

The employer of an oilfield truck driver may be the liable party in your accident case in McAllen, Texas, because they are vicariously liable for the actions of their employees under the legal doctrine of respondeat superior. This law holds employers accountable for the actions of their employees when they are working within the scope of their employment.

Typically, an oilfield truck accident attorney will not have difficulty proving that a driver was working when operating a tanker truck. However, whether someone was working within the scope of their employment is often a point of contention in commercial vehicle accidents.

In employer liability cases, a Texas oilfield accident lawyer will negotiate with the commercial vehicle insurance company or the employer to reach a fair settlement. If the case involves gross negligence, the court may split the trial into two segments to cover compensatory damages in the first phase and punitive damages in the second phase. Speaking to your attorney will help you understand these steps.

When a client suffers severe damages because of an oilfield vehicle accident in McAllen, it is important that they receive compensation that covers all their losses. In Texas, compensatory damages include:

• Current and future medical expenses
• Loss of income
• Property damage
• Pain and suffering
• Mental anguish
• Other damages associated with the wreck

After a fatal accident, the family members of a deceased victim may file a wrongful death claim. In this type of claim, an attorney seeks compensation on behalf of the family for the losses they suffered as a result of their loved one’s death.

In addition to compensatory damages, a lawyer may negotiate punitive damages, or the court may award them if the defendant’s actions were grossly negligent. Punitive damages are in addition to compensatory damages, and they can help victims get closure when suffering long-term injuries because the defendant receives punishment for extreme recklessness.

Victims of oilfield truck accidents should experience no financial barrier to justice, and at Carabin Shaw, you pay nothing unless we win your case. Read our law firm’s client reviews. Then, call our toll-free number at 1-800-862-1260 to start the process of getting fair compensation with your free consultation.

For more information:

• SUBCHAPTER A. PROPORTIONATE RESPONSIBILITY
• LIABILITY OF MOTOR VEHICLE OWNER OR OPERATOR
• DAMAGES