Proving Liability in a Laredo Commercial Vehicle Accident Case
If you or a loved one are among the thousands of victims of Laredo Tx commercial vehicle accidents, you have a right to quality representation for your injury claim. The first and perhaps most important job of any personal injury attorney is to sufficiently establish the liable party(ies) for their client’s injuries. However, how is liability proven in a commercial vehicle accident claim?
With our years of experience representing commercial vehicle accident victims, the injury attorneys of Carabin Shaw have become experts in establishing liability for commercial vehicle accidents.How Our Attorneys Prove Liability for Commercial Vehicle Accidents
Without proven negligence, commercial vehicle accident victims have no grounds to file their commercial vehicle injury claim. In fact, there are multiple things that your truck accident attorney in Laredo must prove in order to win your settlement. For example, proving liability in a Laredo commercial vehicle accident case requires your attorney to establish:Duty of Care
Firstly, your attorney must establish whether or not the defendant owed you a duty of care. In a legal sense, “duty of care” means that the defendant owed you some reasonable level of safety. In terms of a commercial vehicle accident lawsuit, establishing the defendant’s duty of care is easy: all drivers, regardless of their status, have a legal duty to follow traffic laws and operate their vehicles safely. Because of the large size and weight of an average 18-wheeler, this responsibility is even higher in the case of commercial drivers.Whether the Defendant Breached This Duty of Care
This second point is more difficult (yet infinitely more important) to prove. Your injury lawyer must prove that the commercial driver breached (or neglected) this expectation of reasonable safety. Examples of breaching this duty include:
- Intoxicated driving
- Failure to take mandated rest breaks
- Distracted or drowsy driving
- Failure to adhere to traffic laws
Your attorney will need to establish the exact losses you suffered as a result of the collision. Your physical injuries will likely be simple to prove: the impact of an 18-wheeler is likely to cause severe injuries. However, if you have long-lasting injuries (such as back pain, nerve damage, or permanent disability), your attorney will need to establish that these developing injuries were caused by the initial collision.Extent of Damages
Once your attorney has proven that the commercial driver or their employer was guilty of negligence, it is time to establish the extent of injury caused by this dereliction of duty. 18 wheeler collisions often result in severe injuries such as spinal trauma, broken bones, internal bleeding, or fatality. The severity of these injuries can have long-lasting implications, bleeding victims and their families of money and directly impacting their quality of life.
The state of Texas allows victims to seek fair compensation for both their economic and non-economic losses; it is the job of your attorney to account for all of these in your commercial vehicle injury claim.
The Laredo Texas attorneys at Carabin Shaw have thirty years of experience proving all of the above in thousands of commercial vehicle accident claims. Thanks to our decades of expertise, specialty practice areas in Texas commercial vehicle injury law, and “client-first” philosophy, we have fought for thousands of commercial vehicle accident victims and won millions of dollars in damages for our clients.
As established in Carabin Shaw’s client reviews, we have a proud history of success representing the best interests of Laredo accident victims.Contact Our 24/7 Staff Today
Are you ready to learn more about proving liability in your Laredo commercial vehicle accident claim? Call our English and Spanish-speaking staff toll-free at 800-862-1260 to schedule your no-cost, no-obligation case review with an experienced Carabin Shaw truck accident attorney in Laredo.